26084 Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 / Rules and Regulations 

19 5 U.S.C. 603(a). 

20 5 U.S.C. 605(b). 

21See 13 CFR 121.201. 

those presented in the interim rule, and 

is further supported by the commenters 

and the points they raised. 

As noted in the preamble to the 

interim rule, the Board expects bank 

holding companies that issue Senior 

Perpetual Preferred Stock under the 

CPP, TIP, CAP, and AGP like all other 

bank holding companies, to hold capital 

commensurate with the level and nature 

of the risks to which they are exposed. 

In addition, the Board expects bank 

holding companies that issue Senior 

Perpetual Preferred Stock to 

appropriately incorporate the dividend 

features of the stock into the 

organization’s liquidity and capital 

funding plans. Bank holding companies 

should not construe the Board’s 

decision to allow the inclusion of the 

Senior Perpetual Preferred Stock as an 

unrestricted core capital element in 

bank holding companies’ tier 1 capital 

as in any way (1) detracting from the 

Board’s longstanding stance regarding 

the unacceptability of a rate step-up in 

other tier 1 capital instruments or (2) 

reflecting a decision by the Board to 

allow cumulative perpetual preferred 

stock to be includable in bank holding 

companies’ tier 1 capital in excess of the 

limits established for restricted core 

capital elements under the Board’s 

capital guidelines for bank holding 

companies. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

requires an agency that is issuing a final 

rule to prepare and make available a 

regulatory flexibility analysis that 

describes the impact of the final rule on 

small entities.19 The RFA provides that 

an agency is not required to prepare and 

publish a regulatory flexibility analysis 

if the agency certifies that the final rule 

will not have a significant economic 

impact on a substantial number of small 

entities.20 Under regulations issued by 

the Small Business Administration,21 a 

small entity includes a bank holding 

company with assets of $175 million or 

less (a small bank holding company). As 

of December 31, 2008, there were 

approximately 2,586 small bank holding 

companies. 

As a general matter, the Board’s riskbased and leverage capital guidelines for 

bank holding companies apply only to 

a bank holding company that has 

consolidated assets of $500 million or 

more. Accordingly, this final rule will 

not affect small bank holding companies 

and, for this reason, the Board hereby 

certifies that the rule will not have a 

significant impact on a substantial 

number of small bank holding 

companies. 

Paperwork Reduction Act 

In accordance with the requirements 

of the Paperwork Reduction Act of 1995 

(44 U.S.C. 3506), the Board has 

reviewed the final rule to assess any 

information collections. There are no 

collections of information as defined by 

the Paperwork Reduction Act in the 

final rule. 

Use of Plain Language 

Section 722 of the Gramm-LeachBliley Act, Public Law 106–102, 

requires the Federal banking agencies to 

use plain language in all proposed and 

final rules published after January 1, 

2000. The Board invited comment on 

how to make the interim rule easier to 

understand. The Board received one 

comment generally criticizing the 

Board’s capital adequacy guidelines as 

difficult to understand. 

The Board acknowledges that the 

regulation of a banking organization’s 

capital is a complex area. The Board’s 

capital guidelines necessarily must 

reflect this complexity. Nevertheless, 

the Board has endeavored to present 

this final rule, like all of its capital 

rules, in a manner that, in light of the 

nature and complexity of the subject 

matter, is as brief, comprehensible, and 

straightforward as possible. 

List of Subjects in 12 CFR Part 225 

Administrative practice and 

procedure, Banks, Banking, Federal 

Reserve System, Holding companies, 

Reporting and recordkeeping 

requirements, Securities. 

Board of Governors of the Federal 

Reserve System 

12 CFR Chapter II 

Authority and Issuance 

■ For the reasons stated in the preamble, 

the Board of Governors of the Federal 

Reserve System amends part 225 of 

chapter II of title 12 of the Code of 

Federal Regulations as follows: 

PART 225—BANK HOLDING 

COMPANIES AND CHANGE IN BANK 

CONTROL (REGULATION Y) 

■ 1. The authority citation for part 225 

continues to read as follows: 

Authority: 12 U.S.C. 1817(j)(13), 1818, 

1828(o), 1831i, 1831p–1, 1843(c)(8), 1844(b), 

1972(1), 3106, 3108, 3310, 3331–3351, 3906, 

3907, and 3909; 15 U.S.C. 1681s, 1681w, 

6801 and 6805. 

■ 2. In appendix A to part 225: 

■ a. Revise section II.A.1.a.ii.; and 

■ b. Revise footnote 8 in section 

II.A.1.c.ii.(2) to read as follows: 

Appendix A to Part 225—Capital 

Adequacy Guidelines for Bank Holding 

Companies: Risk-Based Measure 

II. * * * 

A. * * * 

1. * * * 

a. * * * 

ii. Qualifying noncumulative perpetual 

preferred stock, including related surplus, 

and senior perpetual preferred stock issued 

to the United States Department of the 

Treasury (Treasury) under the Troubled 

Asset Relief Program (TARP), established by 

the Emergency Economic Stabilization Act of 

2008 (EESA), Division A of Public Law 110– 

343 (which for purposes of this appendix 

shall be considered qualifying 

noncumulative perpetual preferred stock), 

including related surplus; 

* * * * * 

c. * * * 

ii. * * * 

(2) * * * 

8Notwithstanding this provision, senior 

perpetual preferred stock issued to the 

Treasury under the TARP, established by the 

EESA, may be included in tier 1 capital. In 

addition, traditional convertible perpetual 

preferred stock, which the holder must or can 

convert into a fixed number of common 

shares at a preset price, generally qualifies for 

inclusion in tier 1 capital provided all other 

requirements are met. 

* * * * * 

By order of the Board of Governors of the 

Federal Reserve System, May 21, 2009. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E9–12628 Filed 5–29–09; 8:45 am] 

BILLING CODE 6210–02–P 

DEPARTMENT OF THE TREASURY 

Fiscal Service 

31 CFR Part 356 

[Docket No. BPD GSRS 09–01; Department 

of the Treasury Circular, Public Debt Series 

No. 1–93] 

Sale and Issue of Marketable BookEntry Treasury Bills, Notes, and Bonds 

AGENCY: Bureau of the Public Debt, 

Fiscal Service, Treasury. 

ACTION: Final rule. 

SUMMARY: The Department of the 

Treasury (‘‘Treasury’’ or ‘‘We’’) is 

issuing in final form amendments to the 

Uniform Offering Circular for the Sale 

and Issue of Marketable Book-Entry 

Treasury Bills, Notes, and Bonds. This 

final rule makes conforming changes to 

several sections of the Uniform Offering 

Circular to be consistent with Treasury’s 

Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 / Rules and Regulations 26085 

1The UOC was published as a final rule in 

January 1993. See 58 FR 412, January 5, 1993. The 

circular, as amended, is codified at 31 CFR part 356. 

2 31 CFR 356.5(a)(1). 

3The 4-week bill auctions conducted on 

December 9, 16, and 23, 2008, resulted in Treasury 

bills being issued at par. See Treasury securities 

auction 2008 press releases for 4-week bills at: 

http://treasurydirect.gov/instit/annceresult/press/ 

preanre/2008/2008_4week.htm. 

4 Id. 

5 31 CFR 356.12(c)(1)(i) and (ii). 

6The UOC defines a ‘‘bidder’’ at 31 CFR 356.2 to 

include persons and entities who offer to purchase 

Treasury securities in an auction through a 

depository institution or dealer. 

7See definition of ‘‘customer’’ at 31 CFR 356.2. 

8See 60 FR 13906, March 15, 1995. The 

‘‘guarantee bid’’ provision was subsequently moved 

from the definition of ‘‘bid’’ in 31 CFR 356.2 to 31 

CFR 356.14(a) when the UOC was converted to 

plain language in 2004. See 69 FR 45202, July 28, 

2004. 

9See November 1998 Quarterly Refunding 

Statement remarks by Gary Gensler, Treasury 

Assistant Secretary for Financial Markets (October 

28, 1998) http://www.treas.gov/press/releases/ 

rr2782.htm. 

10See 73 FR 14937, March 20, 2008. 

current auction practices. The first 

change modifies the description of 

Treasury bills to clarify that they may be 

issued at a discount or at par, depending 

upon the auction results. The second 

change clarifies that the rate or yield bid 

in Treasury bill or Treasury fixedprincipal securities auctions must be a 

positive number or zero. The third 

change eliminates a provision related to 

‘‘guaranteed bid’’ arrangements that was 

intended for multiple-price auctions. 

Because Treasury no longer conducts 

multiple-price auctions, the provision is 

no longer needed or effective. The 

fourth change updates an example of the 

proration of auction awards at the 

highest accepted yield or discount rate 

to reflect the change in minimum and 

multiple bid amounts to $100 for all 

Treasury marketable securities auctions 

that became effective in 2008. The fifth 

change modifies the provision for the 

notification of auction awards and 

settlement amounts to provide language 

consistent with related provisions of the 

Uniform Offering Circular. Finally, we 

are updating several references to the 

Bureau of the Public Debt’s Web site to 

reflect the current URL. 

DATES: Effective June 1, 2009. 

ADDRESSES: This final rule is available 

on the Bureau of the Public Debt’s Web 

site at: http://www.treasurydirect.gov. It 

is also available for public inspection 

and copying at the Treasury Department 

Library, Room 1428, Main Treasury 

Building, 1500 Pennsylvania Avenue, 

NW., Washington, DC 20220. To visit 

the library, call (202) 622–0990 for an 

appointment. 

FOR FURTHER INFORMATION CONTACT: Lori 

Santamorena, Lee Grandy, or Kevin 

Hawkins, Department of the Treasury, 

Bureau of the Public Debt, Government 

Securities Regulations Staff, (202) 504– 

3632. 

SUPPLEMENTARY INFORMATION: Part 356 of 

title 31 of the Code of Federal 

Regulations, also referred to as the 

Uniform Offering Circular (‘‘UOC’’ or 

‘‘auction rules’’), sets out the terms and 

conditions for the sale and issuance by 

the Treasury to the public of marketable 

book-entry Treasury bills, notes, and 

bonds.1 The UOC, together with the 

offering announcement for each auction, 

represents a comprehensive statement of 

the terms and conditions. This final rule 

makes conforming changes to the UOC 

to reflect Treasury’s current auction 

practices. 

I. Treasury Bills Description 

The UOC currently describes Treasury 

bills as being ‘‘issued at a discount.’’ 2

Under certain market conditions, 

however, an auction can result in 

Treasury bills being issued at par (in 

essence yielding zero percent).3

Treasury bill offering announcements,4

starting in December 2008, clarified, in 

a footnote, that ‘‘Treasury bills will be 

issued at a discount or at par.’’ In 

keeping with Treasury’s practice of 

incorporating the terms and conditions 

of Treasury auctions into the UOC, the 

description of Treasury bills at 31 CFR 

356.5(a)(1) is being modified to state 

that Treasury bills may be ‘‘issued at a 

discount or at par, depending upon the 

auction results.’’ 

II. Competitive Bid Format 

Treasury is adding a sentence to each 

of the descriptions of the competitive 

bid formats for Treasury bills and 

Treasury fixed-principal securities in 31 

CFR 356.12 to clarify that the rate or 

yield bid must be a positive number or 

zero.5

III. Guaranteed Bids 

The UOC contains several provisions 

to regulate bidders 6 in a Treasury 

auction. We are eliminating a provision 

at 31 CFR 356.14(a) related to 

‘‘guaranteed bid’’ arrangements in 

Treasury auctions that is no longer 

needed. Specifically, we are eliminating 

the provision in 31 CFR 356.14(a) that 

states, ‘‘If a bid from a depository 

institution or a dealer fulfills a 

guarantee to a customer to sell a 

specified amount of securities at an 

agreed-upon price, or a price fixed in 

terms of an agreed-upon standard, then 

the bid is a bid of that depository 

institution or dealer. It is not a customer 

bid.’’ This particular provision dates 

back to 1995 when Treasury conducted 

multiple-price auctions, which are 

auctions in which each successful 

competitive bidder pays the price 

equivalent to the yield or rate that it bid. 

Prior to the close for submission of 

competitive bids, certain dealers were 

entering into arrangements to guarantee 

their customers 7 a price conditioned on 

the outcome of the auction (e.g., the 

weighted average yield determined in 

the auction).8 This provision was added 

in response to and intended to address 

that specific practice. In 1998, Treasury 

shifted to single-price auctions for all 

Treasury marketable securities, which 

are auctions in which all successful 

bidders pay the same price regardless of 

the yields or rates they each bid.9

Because Treasury no longer conducts 

multiple-price auctions, the provision is 

no longer needed or effective. Treasury 

expects any depository institution or 

dealer guaranteeing bids in a singleprice auction to reexamine this practice, 

confirm that the bidder has been 

properly identified on the bid, and raise 

any questions with Treasury staff. 

Questions related to particular facts and 

circumstances may be directed to the 

Government Securities Regulations Staff 

at the telephone number listed above. 

Treasury expects transparency in the 

submission of all auction bids, 

including those for customers, to 

maintain the integrity of the auction 

process. All auction participants, 

including bidders, customers, and 

submitters must comply with Treasury’s 

auction rules. This rule makes no 

changes to the general UOC 

requirements of 31 CFR 356.12 bidding 

restrictions, 31 CFR 356.13 net long 

position reporting, 31 CFR 356.14 

proper identification of customers, 31 

CFR 356.16 certifications, and 31 CFR 

356.24 confirmations required from any 

customer awarded a par amount equal 

to or greater than $750 million. 

IV. Proration Example 

On March 20, 2008, Treasury 

amended the UOC to lower the 

minimum and multiple par amounts for 

which bidders may bid in all Treasury 

marketable securities auctions from 

$1,000 to $100.10 We are updating the 

example in 31 CFR 356.21(a) of the 

proration of auction awards at the 

highest accepted yield or discount rate 

to reflect the $100 minimum and 

multiple bid amounts. 

V. Settlement Notification 

The UOC includes certain notification 

requirements of auction awards. We are 

making a nonsubstantive change to the 

26086 Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 / Rules and Regulations 

first sentence in 31 CFR 356.24(c) to 

conform to the language in 31 CFR 

356.24(a). 

VI. Web Site References 

Information regarding Treasury’s 

marketable securities auctions can be 

found on or accessed by way of the 

Bureau of the Public Debt’s Web site. 

The Web site has changed and it can 

now be accessed at http:// 

www.treasurydirect.gov instead of its 

previous address, http:// 

www.publicdebt.treas.gov. Therefore, 

we are updating the references to the 

Web site at 31 CFR 356.23(a) and 31 

CFR 356.31(a) accordingly. 

Procedural Requirements 

This final rule only makes conforming 

changes to the UOC and, therefore, does 

not meet the criteria for a ‘‘significant 

regulatory action’’ pursuant to Executive 

Order 12866. Because this rule relates to 

public contracts and procedures for 

United States securities, the notice, 

public comment, and delayed effective 

date provisions of the Administrative 

Procedure Act are inapplicable, 

pursuant to 5 U.S.C. 553(a)(2). 

As no notice of proposed rulemaking 

is required, the provisions of the 

Regulatory Flexibility Act (5 U.S.C. 601, 

et seq.) do not apply. 

There is no new collection of 

information contained in this final rule, 

and, therefore, the Paperwork Reduction 

Act does not apply. The Office of 

Management and Budget has approved 

the collections of information already 

contained in 31 CFR part 356, under 

control number 1535–0112. Under the 

Paperwork Reduction Act, an agency 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless it 

displays a valid OMB control number. 

List of Subjects in 31 CFR Part 356 

Bonds, Federal Reserve System, 

Government securities, Securities. 

■ For the reasons set forth in the 

preamble, 31 CFR part 356 is amended 

as follows: 

PART 356—SALE AND ISSUE OF 

MARKETABLE BOOK-ENTRY 

TREASURY BILLS, NOTES, AND 

BONDS (DEPARTMENT OF THE 

TREASURY CIRCULAR, PUBLIC DEBT 

SERIES NO. 1–93) 

■ 1. The authority citation for part 356 

continues to read as follows: 

Authority: 5 U.S.C. 301; 31 U.S.C. 3102, et 

seq.; 12 U.S.C. 391. 

■ 2. Section 356.5 is amended by 

revising paragraph (a)(1) to read as 

follows: 

§ 356.5 What types of securities does the 

Treasury auction? 

* * * * * 

(a) * * * 

(1) Are issued at a discount or at par, 

depending upon the auction results; 

* * * * * 

■ 3. Section 356.12 is amended by 

revising paragraphs (c)(1)(i) and (ii) to 

read as follows: 

§ 356.12 What are the different types of 

bids and do they have specific 

requirements or restrictions? 

* * * * * 

(c) * * * 

(1) * * * 

(i) Treasury bills. A competitive bid 

must show the discount rate bid, 

expressed with three decimals in .005 

increments. The third decimal must be 

either a zero or a five, for example, 

5.320 or 5.325. We will treat any 

missing decimals as zero, for example, 

a bid of 5.32 will be treated as 5.320. 

The rate bid may be a positive number 

or zero. 

(ii) Treasury fixed-principal 

securities. A competitive bid must show 

the yield bid, expressed with three 

decimals, for example, 4.170. We will 

treat any missing decimals as zero, for 

example, a bid of 4.1 will be treated as 

4.100. The yield bid may be a positive 

number or zero. 

* * * * * 

■ 4. Section 356.14 is amended by 

revising paragraph (a) to read as follows: 

§ 356.14 What are the requirements for 

submitting bids for customers? 

(a) Institutions that may submit bids 

for customers. Only depository 

institutions or dealers may submit bids 

for customers (see definitions at 

§ 356.2), or for customers of 

intermediaries, under the requirements 

set out in this section. 

* * * * * 

■ 5. Section 356.21 is amended by 

revising paragraph (a) to read as follows: 

§ 356.21 How are awards at the high yield 

or discount rate calculated? 

(a) Awards to submitters. We 

generally prorate bids at the highest 

accepted yield or discount rate under 

§ 356.20(a)(2) of this part. For example, 

if 80.15% is the announced percentage 

at the highest yield or discount rate, we 

award 80.15% of the amount of each bid 

at that yield or rate. A bid for $100 

million at the highest accepted yield or 

discount rate would be awarded 

$80,150,000 in this example. We always 

make awards for at least the minimum 

to bid, and above that amount we make 

awards in the appropriate multiple to 

bid. For example, Treasury bills may be 

issued with a minimum to bid of $100 

and multiples to bid of $100. Say we 

accept an $18,000 bid at the high 

discount rate, and the percent awarded 

at the high discount rate is 88.27%. We 

would award $15,900 to that bidder, 

which is an upward adjustment from 

$15,888.60 ($18,000 × .8827) to the 

nearest multiple of $100. If we were to 

award 4.65% of bids at the highest 

accepted rate, for example, the award 

for a $100 bid at that rate would be 

$100, rather than $4.65, in order to meet 

the minimum to bid for a bill issue. 

* * * * * 

■ 6. Section 356.23 is amended by 

revising paragraph (a) to read as follows: 

§ 356.23 How are the auction results 

announced? 

(a) After the conclusion of the 

auction, we will announce the auction 

results through a press release that is 

available on our Web site at http:// 

www.treasurydirect.gov. 

* * * * * 

■ 7. Section 356.24 is amended by 

revising paragraph (c) to read as follows: 

§ 356.24 Will I be notified directly of my 

awards and, if I am submitting bids for 

others, do I have to provide confirmations? 

* * * * * 

(c) Notification of awards and 

settlement amounts to a depository 

institution having an autocharge 

agreement with a submitter or a clearing 

corporation. We will provide notice to 

each depository institution that has 

entered into an autocharge agreement 

with a submitter or a clearing 

corporation of the amount to be charged, 

on the issue date, to the institution’s 

funds account at the Federal Reserve 

Bank servicing the institution. We will 

provide this notification no later than 

the day after the auction. 

* * * * * 

■ 8. Section 356.31 is amended by 

revising paragraph (a) to read as follows: 

§ 356.31 How does the STRIPS program 

work? 

(a) General. Notes or bonds may be 

‘‘stripped’’—divided into separate 

principal and interest components. 

These components must be maintained 

in the commercial book-entry system. 

Stripping is done at the option of the 

holder, and may occur at any time from 

issuance until maturity. We provide the 

CUSIP numbers and payment dates for 

the principal and interest components 

in auction announcements and on our 

Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 / Rules and Regulations 26087 

Web site at http:// 

www.treasurydirect.gov. 

* * * * * 

Gary Grippo, 

Acting Fiscal Assistant Secretary. 

[FR Doc. E9–12787 Filed 5–28–09; 4:15 pm] 

BILLING CODE 4810–39–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0218] 

Drawbridge Operation Regulation; 

Sacramento River, Knights Landing, 

CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eleventh 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the Knights 

Landing Drawbridge across the 

Sacramento River, mile 90.1, at Knights 

Landing, CA. The deviation is necessary 

to allow the bridge owner, California 

Department of Transportation, to 

perform maintenance and replace the 

paint coating system for the drawbridge. 

This deviation allows the bridge to 

remain in the closed-to-navigation 

position during the deviation period. 

DATES: This deviation is effective from 

7 a.m. on June 1, 2009 to 7 a.m. on 

November 26, 2009. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2009– 

0346 and are available online by going 

to http://www.regulations.gov, selecting 

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0218 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. This 

material is also available for inspection 

or copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail David H. Sulouff, Chief, Bridge 

Section, Eleventh Coast Guard District; 

telephone 510–437–3516, e-mail 

David.H.Sulouff@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: California 

Department of Transportation requested 

a temporary change to the operation of 

the Knights Landing Drawbridge, mile 

90.1, Sacramento River, at Knights 

Landing, CA. The drawbridge opens on 

signal if at least 12 hours’ notice is given 

as required by 33 CFR 117.189(b). The 

deviation period would allow the 

drawspan to remain in the closed-tonavigation position from 7 a.m. on June 

1, 2009 to 7 a.m. on November 26, 2009, 

to perform maintenance and replace the 

paint coating system on the drawbridge. 

The Knights Landing Drawbridge 

navigation span provides a minimum 

vertical clearance of 3 feet above the 

100-year floodplain. During the 

deviation period, the vertical clearance 

will be reduced by no more than 5 feet, 

due to an under-deck work platform and 

sealed containment the length of the 

bridge. Navigation on the waterway 

consists mainly of recreational vessels. 

During the past 7 years, in addition to 

the annual bridge openings for 

maintenance, the bridge drawspan was 

open one time for a sailboat. 

No alternative routes are available. 

The bridge drawspan can open for an 

emergency if 72 hours’ advance notice 

is given to the bridge owner. This 

temporary deviation has been 

coordinated with all affected waterway 

users. No objections to the proposed 

temporary deviation were raised. 

Vessels that can transit the bridge, 

while in the closed-to-navigation 

position, may continue to do so at any 

time. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: May 14, 2009. 

P.F. Zukunft, 

Rear Admiral, U.S. Coast Guard Commander, 

Eleventh Coast Guard District. 

[FR Doc. E9–12599 Filed 5–29–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0330] 

RIN 1625–AA00 

Safety Zone; June and July Northwest 

Harbor Safety Zone; Northwest Harbor, 

San Clemente Island, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone on the 

navigable waters of the Northwest 

Harbor of San Clemente Island in 

support of the Naval Underwater 

Detonation. This safety zone is 

necessary to ensure non-authorized 

personnel and vessels remain safe by 

keeping clear of the hazardous area 

during the training activity. Persons and 

vessels are prohibited from entering 

into, transiting through, or anchoring 

within this safety zone unless 

authorized by the Captain of the Port 

(COTP) or his designated representative. 

DATES: This rule is effective from June 

1, 2009 through July 31, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0330 and are available online by going 

to http://www.regulations.gov, selecting 

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0330 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. They are 

also available for inspection or copying 

at two locations: the Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Petty Officer Kristen 

Beer, Waterways Management, U.S. 

Coast Guard Sector San Diego, Coast 

Guard; telephone 619–278–7262, e-mail 

Kristen.A.Beer@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior