Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Rules and Regulations 15167 

TABLE FOUR

Vessel Number 

Distance in meters of 

masthead light below 

the submarine 

identification lights 

*******

USS JOHN WARNER ......................................................... SSN 785 ............................................................................. 0.81 

26. * * * 

Obstruction angle relative to 

ship’s heading 

Vessel Number Forward Anchor 

Light Aft Anchor Light 

*******

USS JOHN WARNER ............................................ SSN 785 ................................................................. 172° to 188° 359° to 1° 

* * * * * 

Approved: January 28, 2015. 

A.B. Fischer, 

Captain, JAGC, U.S. Navy, Deputy Assistant 

Judge Advocate, General (Admiralty and 

Maritime Law). 

Dated: March 11, 2015. 

N.A. Hagerty-Ford, 

Commander, Office of the Judge Advocate 

General, U.S. Navy, Federal Register Liaison 

Officer. 

[FR Doc. 2015–06298 Filed 3–20–15; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2015–0062] 

Special Local Regulation; Annual 

Marine Events on the Colorado River, 

Between Davis Dam (Bullhead City, 

Arizona) and Headgate Dam (Parker, 

Arizona) Within the San Diego Captain 

of the Port Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the 2015 Lake Havasu Desert Storm 

marine event special local regulations 

from 8 a.m. through 3 p.m. on April 25, 

2015. This annual marine event occurs 

on the navigable waters of the Colorado 

River in Lake Havasu, Arizona. This 

action is necessary to provide for the 

safety of the participants, crew, 

spectators, safety vessels, and general 

users of the waterway. During the 

enforcement period, persons and vessels 

are prohibited from entering into, 

transiting through, or anchoring within 

this regulated area unless authorized by 

the Captain of the Port, or his 

designated representative. 

DATES: The regulations in 33 CFR 

100.1102, Table 1, Item 4 will be 

enforced from 8 a.m. through 3 p.m. on 

April 25, 2015. If the event is delayed 

by inclement weather, these regulations 

will also be enforced from 8 a.m. 

through 3 p.m. on April 26, 2015. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this document, 

call or email Petty Officer Nick 

Bateman, Waterways Management, U.S. 

Coast Guard Sector San Diego, CA; 

telephone 619–278–7656, D11-PFMarineEventsSanDiego@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Special Local 

Regulations in Lake Havasu for the 2015 

Desert Storm Shootout in 33 CFR 

100.1102, Table 1, Item 4 from 8 a.m. 

through 3 p.m. on April 25, 2015. If the 

event is delayed by inclement weather, 

these regulations will also be enforced 

from 8 a.m. through 3 p.m. on April 26, 

2015. 

Under provisions of 33 CFR 100.1102, 

persons and vessels are prohibited from 

entering into, transiting through, or 

anchoring within the regulated area, 

unless authorized by the Coast Guard 

Captain of the Port or his designated 

representative. Persons or vessels 

desiring to enter into or pass through 

the special local regulations may request 

permission from the Captain of the Port 

or a designated representative. If 

permission is granted, all persons and 

vessels shall comply with the 

instructions of the Captain of the Port or 

his designated representative. Spectator 

vessels may safely transit outside the 

regulated area but may not anchor, 

block, loiter, or impede the transit of 

participants or official patrol vessels. 

The Coast Guard may be assisted by 

other Federal, State, or Local law 

enforcement agencies in enforcing this 

regulation. 

This document is issued under 

authority of 33 CFR 100.1102 and 5 

U.S.C. 552(a). In addition to this 

document in the Federal Register, the 

Coast Guard will provide the maritime 

community with extensive advance 

notification of this enforcement period 

via the Local Notice to Mariners, 

Broadcast Notice to Mariners, and local 

advertising by the event sponsor. 

If the Captain of the Port Sector San 

Diego or his designated representative 

determines that the regulated area need 

not be enforced for the full duration 

stated on this document, he or she may 

use a Broadcast Notice to Mariners to 

grant general permission to enter the 

regulated area. 

Dated: March 6, 2015. 

J.A. Janszen, 

Commander, U.S. Coast Guard, Acting, 

Captain of the Port San Diego. 

[FR Doc. 2015–06603 Filed 3–20–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2015–0129] 

RIN 1625–AA00 

Safety Zone, Delaware River; Marcus 

Hook, PA 

AGENCY: Coast Guard, DHS. 

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15168 Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Rules and Regulations 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the waters of Delaware River in the 

vicinity of Marcus Hook, Pennsylvania. 

The safety zone will temporarily restrict 

vessel traffic from transiting or 

anchoring in a portion of Marcus Hook 

anchorage in order to protect the safety 

of life and property on the waters while 

underwater impulsive sound testing is 

conducted. 

DATES: This rule is effective without 

actual notice from March 23, 2015 until 

6 p.m. on May 12, 2015. For the 

purposes of enforcement, actual notice 

will be used from 5 a.m. on March 10, 

2015, until March 23, 2015. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket [USCG– 

2015–0129]. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 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 

email. If you have questions on this 

temporary rule, call or email Lieutenant 

Brennan Dougherty, U.S. Coast Guard, 

Sector Delaware Bay, Chief Waterways 

Management Division, Coast Guard; 

telephone (215) 271–4851, email 

Brennan.P.Dougherty@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Cheryl 

Collins, Program Manager, Docket 

Operations, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

A. Regulatory History and Information 

The Coast Guard is issuing this final 

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)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule as publishing 

an NPRM is impracticable because 

immediate action is necessary to protect 

the maritime public. The Coast Guard 

was notified on February 24, 2015, of 

the Philadelphia Regional Port 

Authority’s final intentions to conduct 

these tests in the upper portion of 

Marcus Hook anchorage. Because of the 

inherent threat to navigation, providing 

a notice and comment period would be 

impractical. Furthermore, allowing this 

situation to exist without a safety zone 

in place would expose mariners and the 

public to unnecessary dangers contrary 

to the public interest. Vessels transiting 

or attempting to transit through the area 

may be at risk, and therefore a safety 

zone is needed to protect the public 

from the hazards associated with 

underwater impulsive sound testing. 

Therefore, delay in taking action is both 

impracticable and contrary to public 

interest. For the reasons stated above, 

under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. 

B. Basis and Purpose 

The legal basis for the rule is the 

Coast Guard’s authority to establish 

regulated navigation areas and other 

limited access areas: 33 U.S.C. 1231; 

50 U.S.C. 191; 33 CFR 1.05–1 6.04–1, 

6.04–6, and 160.5; Department of 

Homeland Security Delegation No. 

0170.1. 

The Philadelphia Regional Port 

Authority (PRPA), in cooperation with 

the U.S. Army Corps of Engineers 

(USACE), Philadelphia District, will 

conduct tests to determine the 

feasibility of using loud impulsive 

sound to behaviorally exclude two 

species of endangered sturgeon from the 

areas where blasting will be performed 

for the Delaware River Main Channel 

Deepening Project starting in December 

2015. These tests will be conducted in 

the upper portion of the Marcus Hook 

Anchorage, where sturgeon are known 

to commonly occur, and as far north 

within the anchorage as possible to 

minimize potential impacts to 

commercial vessel traffic. The tests will 

require anchoring a barge with the 

sound-producing equipment (using 

spuds) on the edge of, but not within, 

the anchorage. The barge, 40′ wide by 

100′ long, will be equipped with anchor 

lighting meeting U.S. Coast Guard 

requirements. Nine acoustic telemetry 

receivers will be deployed within the 

test area. The telemetry receivers will be 

deployed on bottom-set moorings with 

no surface marker floats or buoys. To 

reduce the possibility of vessel 

interference with the tests, and to 

prevent damage to, or displacement of, 

the telemetry receivers a safety zone is 

necessary. 

C. Discussion of the Final Rule 

To mitigate the risks associated with 

the underwater impulsive sound testing 

in Marcus Hook anchorage, the Captain 

of the Port, Delaware Bay will enforce 

a temporary safety zone in the upper 

portion of Anchorage 7 off Marcus 

Hook, as described in § 110.157(a)(8) of 

this chapter. The safety zone will be 

effective and enforced from 5 a.m. on 

March 10, 2015, to 6 p.m. on May 12, 

2015. If this safety zone should be 

cancelled earlier the Captain of the Port, 

Delaware Bay will notify mariners via 

broadcast on VHF Ch.16. 

Entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the Captain of the 

Port, Delaware Bay, or her on-scene 

representative. The Captain of the Port, 

Delaware Bay, or her on-scene 

representative may be contacted via 

VHF channel 16 or at 215–271–4807. 

D. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes or executive 

orders. 

1. Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. Although this regulation will 

restrict access to the regulated area, the 

effect of this rule will not be significant 

because: (i) The Coast Guard will make 

extensive notification of the Safety Zone 

to the maritime public via maritime 

advisories so mariners can alter their 

plans accordingly; (ii) this rule will be 

enforced for a limited duration. 

2. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 

requires federal agencies to consider the 

potential impact of regulations on small 

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Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Rules and Regulations 15169 

entities during rulemaking. The term 

‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

This rule will affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to anchor or transit 

along a portion or Marcus Hook 

anchorage on the Delaware River in the 

vicinity of Marcus Hook, Pennsylvania, 

from 5 a.m. on March 10, 2015 to 6 p.m. 

on May 12, 2015, unless cancelled 

earlier by the Captain of the Port once 

all operations are completed. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reason: Vessel traffic will 

be allowed to pass through the zone 

with permission of the Coast Guard 

Captain of the Port Delaware Bay or her 

designated representative and the zone 

is limited in duration. Sector Delaware 

Bay will issue maritime advisories 

widely available to users of the Salem 

River. 

3. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT, above. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

4. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

5. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

determined that this rule does not have 

implications for federalism. 

6. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

7. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such expenditure, we 

do discuss the effects of this rule 

elsewhere in this preamble. 

8. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

9. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

10. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

11. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have determined that this action is one 

of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves 

implementation of regulations within 33 

CFR part 165, applicable to safety zones 

on the navigable waterways. This rule is 

categorically excluded from further 

review under paragraph 34(g) of Figure 

2–1 of the Commandant Instruction. An 

environmental analysis checklist 

supporting this determination and a 

Categorical Exclusion Determination are 

available in the docket where indicated 

under ADDRESSES. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

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15170 Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Rules and Regulations 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add temporary § 165.T05–0129, to 

read as follows: 

§ 165.T05–0129 Safety Zone, Delaware 

River; Marcus Hook, PA. 

(a) Regulated area. The following area 

is a safety zone: All waters of the 

Delaware River in Anchorage 7 off 

Marcus Hook described in 

§ 110.157(a)(8) of this chapter inside a 

boundary described as originating from 

39°48′38′′ N., 075°23′17′′ W.; then 

Northwest to 39°48′55′′ N., 075°23′35′′ 

W.; then Northeast to 39°49′12′′ N., 

075°23′01′′ W.; then Southeast to 

39°49′07′′ N., 075°22′57′′ W.; and then 

Southwest to 39°48′38′′ N., 075°23′17′′ 

W. Mariners will be advised of this 

safety zone by broadcast on VHF 

channel 16. 

(b) Enforcement period. From 5 a.m. 

on March 10, 2015, to 6 p.m. on May 12, 

2015, unless cancelled earlier by the 

Captain of the Port once all operations 

are completed. If this safety zone should 

be cancelled earlier the Captain of the 

Port, Delaware Bay will notify mariners 

via broadcast on VHF Ch. 16. 

(c) Regulations. All persons are 

required to comply with the general 

regulations governing safety zones in 33 

CFR 165.23 of this part. 

(1) All persons or vessels wishing to 

transit through the Safety Zone 

described in paragraph (a) of this 

section must request authorization to do 

so from the Captain of the Port or her 

designated representative 30 minutes 

prior to the intended time of transit. 

(2) Vessels granted permission to 

transit must do so in accordance with 

the directions provided by the Captain 

of the Port or her designated 

representative. 

(3) To seek permission to transit the 

Safety Zone, the Captain of the Port’s 

representative can be contacted via 

marine radio VHF Channel 16 or at 215– 

271–4807. 

(4) This section applies to all vessels 

wishing to transit through the Safety 

Zone except vessels that are engaged in 

the following operations: 

(i) Enforcing laws; 

(ii) Servicing aids to navigation; and 

(iii) Emergency response vessels. 

(5) No person or vessel may enter or 

remain in a safety zone without the 

permission of the Captain of the Port; 

(6) Each person and vessel in a safety 

zone shall obey any direction or order 

of the Captain of the Port; 

(7) No person may board, or take, or 

place any article or thing on board, any 

vessel in a safety zone without the 

permission of the Captain of the Port; 

and 

(8) No person may take or place any 

article or thing upon any waterfront 

facility in a safety zone without the 

permission of the Captain of the Port. 

(d) Definitions. The Captain of the 

Port means the Commander of Sector 

Delaware Bay or any Coast Guard 

commissioned, warrant, or petty officer 

who has been authorized by the Captain 

of the Port to act on her behalf. 

(e) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the Safety Zone by 

Federal, State, and local agencies. 

Dated: March 5, 2015. 

Stephen P. Metruck, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. 2015–06578 Filed 3–20–15; 8:45 am] 

BILLING CODE 9110–04–P 

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