83024 Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations 

Carolina. Updating these coordinates 

does not change the boundary of the 

restricted areas, but rather increases the 

accuracy of the waterway due to digital 

precision survey. The point ‘‘lat. 

35°10′47′′ N, long. 79°01′55′′ W’’ is 

changed to ‘‘lat. 35°10′40′′ N, long. 

79°01′56′′ W’’; and the point ‘‘lat. 

35°09′41′′ N, long. 79°20′09′′ W’’ is 

changed to ‘‘lat. 35°09′43′′ N, long. 

79°20′07′′ W’’. 

This action consists of administrative 

name changes and minor technical 

amendments only and does not affect 

the boundaries, altitudes, time of 

designation, or activities conducted in 

the restricted areas. Therefore, notice 

and public procedure under 5 U.S.C. 

553(b) is unnecessary. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore: (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action of making administrative name 

changes to the geographic location and 

using agency information of restricted 

areas R–5311A, R–5311B, and R–5311C, 

and minor geographic coordinate 

technical amendments, qualifies for 

categorical exclusion under the National 

Environmental Policy Act (42 U.S.C. 

4321 et seq.) and its implementing 

regulations at 40 CFR part 1500, and in 

accordance with FAA Order 1050.1F, 

Environmental Impacts: Policies and 

Procedures, paragraph 5–6.5d, which 

categorically excludes from further 

environmental impact review 

rulemaking actions where modification 

of the technical description of special 

use airspace (SUA) that does not alter 

the dimensions, altitudes, or times of 

designation of the airspace (such as 

changes in designation of the 

controlling or using agency, or 

correction of typographical errors). In 

accordance with FAA Order 1050.1F, 

paragraph 5–2 regarding Extraordinary 

Circumstances, the FAA has reviewed 

this action for factors and circumstances 

in which a normally categorically 

excluded action may have a significant 

environmental impact requiring further 

analysis. The FAA has determined that 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment or 

environmental impact study. 

List of Subjects in 14 CFR Part 73 

Airspace, Prohibited areas, Restricted 

areas. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 73 as follows: 

PART 73—Special Use Airspace 

■ 1. The authority citation for 14 CFR 

part 73 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 73.53 North Carolina [Amended] 

■ 2. Section 73.53 is amended as 

follows: 

* * * * * 

R–5311A Fort Bragg, NC [Removed] 

R–5311B Fort Bragg, NC [Removed] 

R–5311C Fort Bragg, NC [Removed] 

R–5311A Fort Liberty, NC [New] 

Boundaries. Beginning at lat. 35°10′40′′ N, 

long. 79°01′56′′ W; to lat. 35°08′48′′ N, long. 

79°01′59′′ W; to lat. 35°07′01′′ N, long. 

79°02′29′′ W; to lat. 35°05′36′′ N, long. 

79°01′49′′ W; to lat. 35°02′56′′ N, long. 

79°05′39′′ W; to lat. 35°02′46′′ N, long. 

79°20′09′′ W; to lat. 35°07′06′′ N, long. 

79°22′49′′ W; to lat. 35°09′43′′ N, long. 

79°20′07′′ W; thence along Little River to the 

point of beginning. 

Designated altitudes. Surface to but not 

including 7,000 feet MSL. 

Time of designation. Continuous. 

Controlling agency. FAA, Washington 

ARTCC. 

Using agency. U.S. Army, Commanding 

General, Fort Liberty, NC. 

R–5311B Fort Liberty, NC [New] 

Boundaries. Beginning at lat. 35°10′40′′ N, 

long. 79°01′56′′ W; to lat. 35°08′48′′ N, long. 

79°01′59′′ W; to lat. 35°07′01′′ N, long. 

79°02′29′′ W; to lat. 35°05′36′′ N, long. 

79°01′49′′ W; to lat. 35°02′56′′ N, long. 

79°05′39′′ W; to lat. 35°02′46′′ N, long. 

79°20′09′′ W; to lat. 35°07′06′′ N, long. 

79°22′49′′ W; to lat. 35°09′43′′ N, long. 

79°20′07′′ W; thence along Little River to the 

point of beginning. 

Designated altitudes. From 7,000 feet MSL 

to but not including 12,000 feet MSL. 

Time of designation. Continuous. 

Controlling agency. FAA, Washington 

ARTCC. 

Using agency. U.S. Army, Commanding 

General, Fort Liberty, NC. 

R–5311C Fort Liberty, NC [New] 

Boundaries. Beginning at lat. 35°10′40′′ N, 

long. 79°01′56′′ W; to lat. 35°08′48′′ N, long. 

79°01′59′′ W; to lat. 35°07′01′′ N, long. 

79°02′29′′ W; to lat. 35°05′36′′ N, long. 

79°01′49′′ W; to lat. 35°02′56′′ N, long. 

79°05′39′′ W; to lat. 35°02′46′′ N, long. 

79°20′09′′ W; to lat. 35°07′06′′ N, long. 

79°22′49′′ W; to lat. 35°09′43′′ N, long. 

79°20′07′′ W; thence along Little River to the 

point of beginning. 

Designated altitudes. From 12,000 feet 

MSL to but not including FL 290. 

Time of designation. Continuous. 

Controlling agency. FAA Washington 

ARTCC. 

Using agency. U.S. Army, Commanding 

General, Fort Liberty, NC. 

* * * * * 

Issued in Washington, DC, on November 

20, 2023. 

Karen L. Chiodini, 

Acting Manager, Rules and Regulations 

Group. 

[FR Doc. 2023–26003 Filed 11–27–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 130 and 131 

[Docket No. FDA–2023–D–4722] 

Milk and Cream Products and Yogurt 

Products; Final Rule To Revoke the 

Standards for Lowfat Yogurt and 

Nonfat Yogurt and To Amend the 

Standard for Yogurt; Small Entity 

Compliance Guide; Availability 

AGENCY: Food and Drug Administration, 

Department of Health and Human 

Services (HHS). 

ACTION: Notification of availability. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

announcing the availability of a 

guidance for industry entitled ‘‘Milk 

and Cream Products and Yogurt 

Products; Final Rule To Revoke the 

Standards for Lowfat Yogurt and Nonfat 

Yogurt and To Amend the Standard for 

Yogurt—Small Entity Compliance 

Guide.’’ The small entity compliance 

guide (SECG) is intended to explain the 

actions a small entity must take to 

comply with FDA’s regulations after 

recent changes made by our 2021 final 

rule titled ‘‘Milk and Cream Products 

and Yogurt Products; Final Rule To 

Revoke the Standards for Lowfat Yogurt 


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Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations 83025 

and Nonfat Yogurt and To Amend the 

Standard for Yogurt,’’ 2022 final rule 

titled ‘‘International Dairy Foods 

Association and Chobani, Inc.: Response 

to the Objections and Requests for a 

Public Hearing on the Final Rule To 

Revoke the Standards for Lowfat Yogurt 

and Nonfat Yogurt and To Amend the 

Standard for Yogurt,’’ and 2023 final 

order titled ‘‘International Dairy Foods 

Association: Response to the Objections 

and Requests for a Public Hearing on the 

Final Rule To Revoke the Standards for 

Lowfat Yogurt and Nonfat Yogurt and 

Amend the Standard for Yogurt.’’ 

DATES: The announcement of the 

guidance is published in the Federal 

Register on November 28, 2023. 

ADDRESSES: You may submit either 

electronic or written comments on 

Agency guidances at any time as 

follows: 

Electronic Submissions 

Submit electronic comments in the 

following way: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

Comments submitted electronically, 

including attachments, to https://

www.regulations.gov will be posted to 

the docket unchanged. Because your 

comment will be made public, you are 

solely responsible for ensuring that your 

comment does not include any 

confidential information that you or a 

third party may not wish to be posted, 

such as medical information, your or 

anyone else’s Social Security number, or 

confidential business information, such 

as a manufacturing process. Please note 

that if you include your name, contact 

information, or other information that 

identifies you in the body of your 

comments, that information will be 

posted on https://www.regulations.gov. 

• If you want to submit a comment 

with confidential information that you 

do not wish to be made available to the 

public, submit the comment as a 

written/paper submission and in the 

manner detailed (see ‘‘Written/Paper 

Submissions’’ and ‘‘Instructions’’). 

Written/Paper Submissions 

Submit written/paper submissions as 

follows: 

• Mail/Hand Delivery/Courier (for 

written/paper submissions): Dockets 

Management Staff (HFA–305), Food and 

Drug Administration, 5630 Fishers 

Lane, Rm. 1061, Rockville, MD 20852. 

• For written/paper comments 

submitted to the Dockets Management 

Staff, FDA will post your comment, as 

well as any attachments, except for 

information submitted, marked and 

identified, as confidential, if submitted 

as detailed in ‘‘Instructions.’’ 

Instructions: All submissions received 

must include the Docket No. FDA– 

2023–D–4722 for ‘‘Milk and Cream 

Products and Yogurt Products; Final 

Rule To Revoke the Standards for 

Lowfat Yogurt and Nonfat Yogurt and 

To Amend the Standard for Yogurt; 

Small Entity Compliance Guide.’’ 

Received comments will be placed in 

the docket and, except for those 

submitted as ‘‘Confidential 

Submissions,’’ publicly viewable at 

https://www.regulations.gov or at the 

Dockets Management Staff between 9 

a.m. and 4 p.m., Monday through 

Friday, 240–402–7500. 

• Confidential Submissions—To 

submit a comment with confidential 

information that you do not wish to be 

made publicly available, submit your 

comments only as a written/paper 

submission. You should submit two 

copies total. One copy will include the 

information you claim to be confidential 

with a heading or cover note that states 

‘‘THIS DOCUMENT CONTAINS 

CONFIDENTIAL INFORMATION.’’ We 

will review this copy, including the 

claimed confidential information, in our 

consideration of comments. The second 

copy, which will have the claimed 

confidential information redacted/ 

blacked out, will be available for public 

viewing and posted on https://

www.regulations.gov. Submit both 

copies to the Dockets Management Staff. 

If you do not wish your name and 

contact information to be made publicly 

available, you can provide this 

information on the cover sheet and not 

in the body of your comments and you 

must identify this information as 

‘‘confidential.’’ Any information marked 

as ‘‘confidential’’ will not be disclosed 

except in accordance with 21 CFR 10.20 

and other applicable disclosure law. For 

more information about FDA’s posting 

of comments to public dockets, see 80 

FR 56469, September 18, 2015, or access 

the information at: https://

www.govinfo.gov/content/pkg/FR-2015- 

09-18/pdf/2015-23389.pdf. 

Docket: For access to the docket to 

read background documents or the 

electronic and written/paper comments 

received, go to https://

www.regulations.gov and insert the 

docket number, found in brackets in the 

heading of this document, into the 

‘‘Search’’ box and follow the prompts 

and/or go to the Dockets Management 

Staff, 5630 Fishers Lane, Rm. 1061, 

Rockville, MD 20852, 240–402–7500. 

You may submit comments on any 

guidance at any time (see 21 CFR 

10.115(g)(5)). 

Submit written requests for single 

copies of the SECG to the Office of 

Nutrition and Food Labeling, Product 

Evaluation and Labeling Branch, Center 

for Food Safety and Applied Nutrition, 

Food and Drug Administration, 5001 

Campus Dr., College Park, MD 20740. 

Send two self-addressed adhesive labels 

to assist that office in processing your 

request. See the SUPPLEMENTARY

INFORMATION section for electronic 

access to the SECG. 

FOR FURTHER INFORMATION CONTACT: 

Vivien Yan Peng, Office of Nutrition 

and Food Labeling (HFS–820), Center 

for Food Safety and Applied Nutrition, 

Food and Drug Administration, 5001 

Campus Dr., College Park, MD 20740, 

240–402–2371; or Jessica Ritsick, Office 

of Regulations and Policy (HFS–024), 

Center for Food Safety and Applied 

Nutrition, Food and Drug 

Administration, 5001 Campus Dr., 

College Park, MD 20740, 240–402–2378. 

SUPPLEMENTARY INFORMATION: 

I. Background 

We are announcing the availability of 

a guidance for industry entitled ‘‘Milk 

and Cream Products and Yogurt 

Products; Final Rule To Revoke the 

Standards for Lowfat Yogurt and Nonfat 

Yogurt and To Amend the Standard for 

Yogurt; Small Entity Compliance 

Guide.’’ 

In the Federal Register of June 11, 

2021 (86 FR 31117), we issued a final 

rule titled ‘‘Milk and Cream Products 

and Yogurt Products; Final Rule To 

Revoke the Standards for Lowfat Yogurt 

and Nonfat Yogurt and To Amend the 

Standard for Yogurt’’ (2021 final rule). 

The 2021 final rule amended title 21 of 

the Code of Federal Regulations at parts 

130 and 131 (21 CFR parts 130 and 131) 

by revoking the standards of identity for 

lowfat yogurt and nonfat yogurt and 

amending the standard of identity for 

yogurt in numerous respects. In brief, 

we revoked the standards for lowfat 

yogurt and nonfat yogurt. Consequently, 

lowfat yogurt and nonfat yogurt became 

covered under the general definition 

and standard of identity in 21 CFR 

130.10, which sets out requirements for 

foods that deviate from other 

standardized foods due to compliance 

with a nutrient content claim. The 2021 

final rule also amended the standard of 

identity for yogurt by making certain 

technical changes, established 

functional classes of safe and suitable 

ingredients, replaced the list of nutritive 

sweeteners with the term ‘‘nutritive 

carbohydrate sweeteners,’’ and 

permitted and required certain 

statements about cultures under certain 

conditions. 


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83026 Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations 

The International Dairy Foods 

Association (IDFA) and Chobani, Inc., 

timely filed objections and requested a 

hearing with respect to several 

provisions in the 2021 final rule. In the 

Federal Register of March 23, 2022 (87 

FR 16394), we issued a notice providing 

clarification on which provisions of the 

final rule were stayed and which 

requirements of the previous final rule 

that we issued in 1981 (46 FR 9924) 

were in effect pending final action. We 

completed our evaluation of the 

objections, and, on December 15, 2022, 

we published a final rule denying 

requests for a hearing with respect to all 

but one of the objections, providing 

modifications to certain provisions in 

the 2021 final rule, and announcing that 

the stay of effectiveness of provisions 

for which hearings were denied was 

lifted (87 FR 76559) (2022 final rule). 

The 2022 final rule did not address 

IDFA’s objections and request for a 

hearing on the acidity requirement of 

yogurt, and we instead addressed this in 

a proposed order sent to IDFA and 

posted to the docket for public review. 

We did not receive any response to 

the proposed order, and on April 14, 

2023, we published a final order, 

‘‘International Dairy Foods Association: 

Response to the Objections and 

Requests for a Public Hearing on the 

Final Rule To Revoke the Standards for 

Lowfat Yogurt and Nonfat Yogurt and 

Amend the Standard for Yogurt’’ (88 FR 

22907) (2023 final order). The 2023 final 

order modified the acidity requirement 

in 21 CFR 131.200(a) of the 2021 final 

rule. 

Manufacturers must begin complying 

with the rule for products labeled on or 

after January 1, 2024. 

We examined the economic 

implications of the final rule as required 

by the Regulatory Flexibility Act (5 

U.S.C. 601–612) and determined that 

the final rule would have a significant 

economic impact on a substantial 

number of small entities. In compliance 

with section 212 of the Small Business 

Regulatory Enforcement Fairness Act 

(Pub. L. 104–121, as amended by Pub. 

L. 110–28), we are making available the 

SECG to explain the actions that a small 

entity must take to comply with the 

rule. 

We are issuing this SECG consistent 

with our good guidance practices 

regulation (21 CFR 10.115). The SECG 

represents the current thinking of FDA 

on this topic. It does not establish any 

rights for any person and is not binding 

on FDA or the public. You can use an 

alternative approach if it satisfies the 

requirements of the applicable statutes 

and regulations. 

II. Paperwork Reduction Act of 1995 

This guidance contains no collection 

of information. Therefore, clearance by 

the Office of Management and Budget 

under the Paperwork Reduction Act of 

1995 is not required. 

III. Electronic Access 

Persons with access to the internet 

may obtain the SECG at https://

www.fda.gov/FoodGuidances, https:// 

www.fda.gov/regulatory-information/ 

search-fda-guidance-documents, or 

https://www.regulations.gov. Use the 

FDA website listed in the previous 

sentence to find the most current 

version of the guidance. 

Dated: November 21, 2023. 

Lauren K. Roth, 

Associate Commissioner for Policy. 

[FR Doc. 2023–26095 Filed 11–27–23; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2023–0231] 

RIN 1625–AA09 

Drawbridge Operation Regulation; Old 

River, Between Victoria Island and 

Byron Tract, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule and 

request for comments. 

SUMMARY: The Coast Guard is 

temporarily modifying the operating 

schedule that governs the draw of the 

California Department of Transportation 

(Route 4) highway bridge, mile 14.8 

between Victoria Island and Byron 

Tract, CA. This action is necessary to 

allow the bridge owner to complete 

rehabilitation of the bridge after an 

unexpected delay in delivery of custom 

made electronics. 

DATES: 

Effective date: This temporary interim 

rule is effective from 5 p.m. on 

November 30, 2023, through 5 p.m. on 

March 1, 2024. 

Comments: Comments and related 

material must reach the Coast Guard on 

or before December 28, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov. Type the docket 

number (USCG–2023–0231) in the 

‘‘SEARCH’’ box and click ‘‘SEARCH’’. In 

the Document Type column, select 

‘‘Supporting & Related Material’’. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

interim rule, call or email Carl Hausner, 

Chief, Bridge Section, Eleventh Coast 

Guard District; telephone 510–437– 

3516, email Carl.T.Hausner@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations [Delete/add 

any abbreviations not used/used in this 

document] 

CFR Code of Federal Regulations 

Caltrans California Department of 

Transportation 

CADFW California Department of Fish and 

Wildlife 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

Pub. L. Public Law 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary interim rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b), the Coast Guard finds that good 

cause exists for not publishing a notice 

of proposed rulemaking (NPRM) with 

respect to this rule because it is 

impracticable. This bridge is nonoperational and will be non-operational 

until rehabilitation work can be 

completed. 

On October 27, 2022 the Coast Guard 

issued a General Deviation which 

allowed the bridge owner, Caltrans, to 

deviate from the current operating 

schedule in 33 CFR 117.183 to conduct 

major mechanical and electrical 

rehabilitation of the bridge. Due to 

delays in procuring materials, 

vandalism of critical electrical 

submarine cables, and an active winter 

storm season, the project ran past the 

end date of April 23, 2023 of the 

General Deviation. The bridge could not 

be brought back to operating condition 

until the delivery of the critical Program 

Logic Control circuit and the 

replacement or repairs to the submarine 

cable could be made. On October 17, 

2023, Caltrans informed the Coast Guard 

that critical electronic components, 

needed to complete the rehabilitation of 

the bridge, were still on back-order and 

not expected to be delivered in time for 

a project completion deadline of 

November 30, 2023. It is anticipated that 


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