61238 Federal Register / Vol. 79, No. 197 / Friday, October 10, 2014 / Rules and Regulations 

C. Administrative Procedure Act 

The Administrative Procedure Act (5 

U.S.C. 551 et seq.) (APA) provides that 

agency rules should become effective 30 

days after publication in the Federal 

Register. See 5 U.S.C. 553(d). The APA, 

however, allows agencies to dispense 

with a delayed effective date when the 

agency finds that good cause exists. 5 

U.S.C. 553(d)(3). In this case, Treasury 

finds that good cause exists to effectuate 

this rule on October 14, 2014. As 

discussed earlier in the preamble, this 

rule for Louisiana parishes amends the 

RESTORE Act interim rule that was 

published on August 15, 2014 (79 FR 

48039). The August 15, 2014 interim 

rule covers other aspects of the Direct 

Component and the Act and takes effect 

on October 14, 2014. It would be 

contrary to the public interest to make 

the RESTORE Act funds available to 

some recipients ahead of others. So that 

all entities eligible to receive Direct 

Component funds are treated equally, 

Treasury believes good cause exists to 

make this parishes rule effective on the 

same date as the August 15, 2014 

interim rule. 

List of Subjects in 31 CFR Part 34 

Coastal zone, Fisheries, Grant 

programs, Grants administration, 

Intergovernmental relations, Marine 

resources, Natural resources, Oil 

pollution, Research, Science and 

technology, Trusts, Wildlife. 

For the reasons set forth in the 

preamble, the Department of the 

Treasury amends 31 CFR subtitle A, part 

34, to read as follows: 

PART 34—RESOURCES AND 

ECOSYSTEMS SUSTAINABILITY, 

TOURIST OPPORTUNITIES, AND 

REVIVED ECONOMIES OF THE GULF 

COAST STATES 

■ 1. The authority citation for part 34 

continues to read as follows: 

Authority: 31 U.S.C. 301; 31 U.S.C. 321; 33 

U.S.C. 1251 et seq. 

■ 2. In § 34.302, revise the section 

heading and add a second sentence in 

paragraph (e) to read as follows: 

§ 34.302 Allocation of funds—Direct 

Component. 

* * * * * 

(e) * * * The share of each coastal 

zone parish is as follows: Ascension, 

2.42612%; Assumption, 0.93028%; 

Calcasieu, 5.07063%; Cameron, 

2.10096%; Iberia, 2.55018%; Jefferson, 

11.95309%; Lafourche, 7.86746%; 

Livingston, 3.32725%; Orleans, 

7.12875%; Plaquemines, 17.99998%; St. 

Bernard, 9.66743%; St. Charles, 

1.35717%; St. James, 0.75600%; St. John 

the Baptist, 1.11915%; St. Martin, 

2.06890%; St. Mary, 1.80223%; St. 

Tammany, 5.53058%; Terrebonne, 

9.91281%; Tangipahoa, 3.40337%; and 

Vermilion, 3.02766%. 

* * * * * 

David A. Lebryk, 

Fiscal Assistant Secretary. 

[FR Doc. 2014–24283 Filed 10–9–14; 8:45 am] 

BILLING CODE 4810–25–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2014–0862] 

RIN 1625–AA00 

Safety Zone: Suisun Bay 

Electromagnetic Scan and Ordnance 

Recovery, Suisun Bay, Concord, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing temporary safety zones in 

the navigable waters of Suisun Bay in 

support of the Military Ocean Terminal 

Concord (MOTCO) electromagnetic scan 

and ordnance recovery operations. 

These safety zones are established to 

ensure the safety of the ordnance 

identification and recovery teams and 

mariners transiting the area. 

Unauthorized persons or vessels are 

prohibited from entering into, transiting 

through, or remaining in the safety 

zones without permission of the Captain 

of the Port or their designated 

representative. 

DATES: This rule is effective without 

actual notice from October 10, 2014 

until October 31, 2014. For the purposes 

of enforcement, actual notice will be 

used from September 29, 2014, through 

October 31, 2014. This rule will be 

enforced from 7 a.m. to 6 p.m. on the 

dates mentioned above. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2014–0862. 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 Lieutenant Junior Grade Joshua 

Dykman, U.S. Coast Guard Sector San 

Francisco; telephone (415) 399–3585 or 

email at D11-PF-MarineEvents@

uscg.mil. If you have questions on 

viewing or submitting material to the 

docket, call Barbara Hairston, Program 

Manager, Docket Operations, telephone 

(202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

DoD Department of Defense 

FR Federal Register 

MMRP Military Munitions Response 

Program 

MOTCO Military Ocean Terminal Concord 

NPRM Notice of Proposed Rulemaking 

A. Regulatory History and Information 

The Coast Guard is issuing this 

temporary 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(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. MOTCO notified the Coast 

Guard on September 4, 2014 that they 

intend to conduct an intrusive 

electromagnetic scan and ordnance 

recovery operation in selected areas of 

Suisun Bay with a high probability of 

containing ordnance items, and the 

operation would occur before the 

rulemaking process would be 

completed. It would be impracticable to 

collect and respond to comments before 

the recovery operations begin. The 

safety zone is necessary to ensure the 

safety of the teams conducting ordnance 

scanning and recovery operations as 

well as provide for the safety of vessels 

transiting the area. For the safety 

concerns noted, it is in the public 

interest to have these regulations in 

effect during the event. 

B. Basis and Purpose 

The legal basis for the proposed rule 

is 33 U.S.C 1231; 46 U.S.C Chapter 701, 

3306, 3703; 50 U.S.C. 191, 195; 33 CFR 

1.05–1, 6.04–1, 6.04–6, 160.5; Public 

Law 107–295, 116 Stat. 2064; 

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Federal Register / Vol. 79, No. 197 / Friday, October 10, 2014 / Rules and Regulations 61239 

Department of Homeland Security 

Delegation No. 0170.1, which 

collectively authorize the Coast Guard 

to establish safety zones. 

MOTCO is conducting 

Electromagnetic Scan and Ordnance 

Recovery operations from September 29, 

2014 through October 31, 2014 in the 

navigable waters of the Suisun Bay, CA 

as depicted in National Oceanic and 

Atmospheric Administration (NOAA) 

Chart 18656. The Military Munitions 

Response Program (MMRP) addresses 

the safety and environmental hazards 

presented by munitions and explosives. 

MOTCO recently completed an 

underwater geophysical survey of 

Suisun Bay whereby they identified 55 

locations throughout Suisun Bay with 

ferrous-based objects that may contain 

ordnance deposited as a result of the 

Port Chicago explosion on July 17, 1944. 

They completed 33 of the locations in 

2013 and are now finishing the last 22. 

These safety zones are necessary to 

ensure the safety of teams conducting 

electromagnetic scans and ordnance 

recovery operations and to ensure the 

safety of mariners transiting the area. 

These safety zones will be enforced 

from September 29, 2014 to October 31, 

2014 between the hours of 7 a.m. and 

6 p.m. The safety zones shall terminate 

at the conclusion of the electromagnetic 

scan and ordnance recovery operations. 

C. Discussion of the Final Rule 

The Coast Guard will enforce a 500 

foot moving safety zone around a 2- 

barge configuration, flying a red flag, 

and traveling throughout Suisun Bay 

conducting electromagnetic scan and 

ordnance recovery operations from 

September 29, 2014 to October 31, 2014 

between the hours of 7 a.m. and 6 p.m. 

To minimize impacts to commerce, the 

ordnance disposal team will cease 

operations to accommodate commercial 

vessels requiring transit through the 

navigation channel in vicinity to the 

project location. Commercial vessels 

will be informed via broadcast and local 

notice to mariners to coordinate passing 

arrangements with the ordnance 

disposal team prior to transiting the 

project area. 

A temporary safety zone will be 

established for emergency ordnance 

detonation between Roe Island and Ryer 

Island at the following location: 

38°04′24′′ N, 122°01′14′′ W (NAD 83) for 

use only in the event that unstable 

ordnance items are recovered that 

require immediate detonation on site. 

Until such a time is needed, vessel 

traffic is free to move through the area. 

A broadcast will be released when the 

zone will be enforced, giving vessel 

traffic enough time to leave the area. At 

the conclusion of the electromagnetic 

scan and ordnance recovery the safety 

zones shall terminate. 

The effect of the temporary safety 

zones will be to restrict navigation in 

the vicinity of the electromagnetic scan 

and ordnance recovery operations. 

Except for persons or vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel may enter or remain 

in the restricted area. 

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 and 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. 

We expect the economic impact of 

this rule will not rise to the level of 

necessitating a full Regulatory 

Evaluation. The safety zone is limited in 

duration, and is limited to a narrowly 

tailored geographic area. In addition, 

although this rule restricts access to the 

waters encompassed by the safety zone, 

the effect of this rule will not be 

significant because the local waterway 

users will be notified via public 

Broadcast Notice to Mariners to ensure 

the safety zone will result in minimum 

impact. The entities most likely to be 

affected are waterfront facilities, 

commercial vessels, and pleasure craft 

engaged in recreational activities. 

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 

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. 

This rule may affect owners and 

operators of waterfront facilities, 

commercial vessels, and pleasure craft 

engaged in recreational activities and 

sightseeing. The safety zones will not 

have a significant economic impact on 

a substantial number of small entities 

for the following reasons. The safety 

zones will be activated, and thus subject 

to enforcement, for a limited duration. 

When the safety zones are activated, 

vessel traffic could pass safely around 

the safety zones. The maritime public 

will be advised in advance of the safety 

zones via Broadcast Notice to Mariners. 

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 

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61240 Federal Register / Vol. 79, No. 197 / Friday, October 10, 2014 / Rules and Regulations 

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 an 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 concluded 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 a safety 

zone of limited size and duration. 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, and 

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: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add temporary § 165.T11–666 to 

read as follows: 

§ 165.T11–666 Safety zone; Suisun Bay 

Electromagnetic Scan and Ordnance 

Recovery, Suisun Bay, Concord, CA. 

(a) Location. A temporary 500 foot 

moving safety zone will be established 

around a 2-barge configuration, flying a 

red flag, and traveling throughout 

Suisun Bay conducting electromagnetic 

scan and ordnance recovery operations 

as depicted in National Oceanic and 

Atmospheric Administration (NOAA) 

Chart 18656. Prior to vessels traveling 

through the navigational channel, notice 

will be given to the barges so that they 

have ample time to move out of the way 

and not impede traffic. An additional 

temporary safety zone will be 

established for emergency ordnance 

detonation between Roe Island and Ryer 

Island at the following location: 

38°04′24′′ N, 122°01′14′′ W (NAD 83) for 

use only in the event that unstable 

ordnance items are recovered that 

require immediate detonation on site. 

Until such a time is needed, vessel 

traffic is free to move through the area. 

A broadcast will be released when the 

zone will be enforced, giving vessel 

traffic enough time to leave the area. 

(b) Enforcement period. The zones 

described in paragraph (a) of this 

section will be in effect from September 

29, 2014 through October 31, 2014 

between the hours of 7 a.m. until 6 p.m. 

The Captain of the Port San Francisco 

(COTP) will notify the maritime 

community of periods during which this 

zone will be enforced via Broadcast 

Notice to Mariners in accordance with 

33 CFR 165.7. 

(c) Definitions. As used in this 

section, ‘‘designated representative’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

on a Coast Guard vessel or a Federal, 

State, or local officer designated by or 

assisting the COTP pursuant to a 

Memorandum of Understanding with 

that agency, to assist in the enforcement 

of the safety zones. 

(d) Regulations. (1) Under the general 

regulations in 33 CFR Part 165, Subpart 

C, entry into, transiting or anchoring 

within this safety zone is prohibited 

unless authorized by the COTP or a 

designated representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or a designated 

representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or a designated 

representative to obtain permission to 

do so. Vessel operators given permission 

to enter or operate in the safety zone 

must comply with all directions given to 

them by the COTP or a designated 

representative. Persons and vessels may 

request permission to enter the safety 

zone on VHF–23A or through the 24- 

hour Command Center at telephone 

(415) 399–3547. 

Dated: September 25, 2014. 

Michael H. Day, 

Captain, U.S. Coast Guard, Captain of the 

Port San Francisco, Acting. 

[FR Doc. 2014–24292 Filed 10–9–14; 8:45 am] 

BILLING CODE 9110–04–P 

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