62568 Federal Register / Vol. 79, No. 202 / Monday, October 20, 2014 / Rules and Regulations 

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[FR Doc. 2014–24598 Filed 10–17–14; 8:45 am] 

BILLING CODE 3510–17–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[Docket Number USCG–2013–0819] 

RIN 1625–AA01 

Anchorage; Ashley River Anchorage, 

Ashley River, Charleston, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is modifying 

the special anchorage area located on 

the Ashley River, in Charleston, SC. 

This change is necessary to 

accommodate the expansion of the 

Charleston City Marina and to meet 

special anchorage area requirements. 

This change will ensure that there is 

sufficient space to accommodate vessels 

desiring to anchor in the area, while 

allowing a sufficient buffer between the 

federal channel and special anchorage. 

DATES: This rule is effective November 

19, 2014. 


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Federal Register / Vol. 79, No. 202 / Monday, October 20, 2014 / Rules and Regulations 62569 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2013–0819. 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 Chief Warrant Officer Christopher 

Ruleman, Sector Charleston Waterways 

Management, U.S. Coast Guard; 

telephone (843) 740–3184, email 

christopher.l.ruleman@uscg.mil. If you 

have questions on viewing 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 

On May 7, 2014, we published a 

notice of proposed rulemaking (NPRM) 

entitled Anchorage; Ashley River 

Anchorage, Ashley River, Charleston, 

SC, in the Federal Register (79 FR 

26195). We received no comments on 

the proposed rule. No public meeting 

was requested, and none was held. 

B. Basis and Purpose 

The legal basis for this rule is: 33 

U.S.C. 471, 1221 through 1236, 2071; 33 

CFR 1.05–1; and Department of 

Homeland Security Delegation No. 

0170.1, which collectively authorize the 

Coast Guard to define anchorage 

grounds. 

The purpose of this rule is to relocate 

and reestablish the Ashley River 

Anchorage to accommodate the 

approved expansion plans of the 

Charleston City Marina. The City 

Marina Company received a permit for 

the expansion of their marina in August 

2012. The expansion will force the 

relocation of the centerline of the 

federal channel in the vicinity of the 

marina. The new channel will impede 

on the current special anchorage area. 

Consistent with requirements in 33 CFR 

109.10, the special anchorage area must 

be modified to prevent potential 

navigational hazards caused by the 

proximity of vessels transiting the 

channel to vessels anchored in the 

special anchorage area. This rule 

maintains the current size of the 

anchorage, ensuring no reduction in 

space for vessels needing to anchor. 

C. Discussion of Comments, Changes 

and the Final Rule 

The Coast Guard did not receive any 

comments to the proposed rule, and no 

changes were made to the regulatory 

text. 

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. The impacts on routine 

navigation are expected to be minimal 

because the anchorage area will not 

unnecessarily restrict traffic as it is 

located outside of the established 

navigation channel. Vessels will be able 

to maneuver in, around, and through the 

anchorage. The anchorage maintains the 

same amount of anchorage area as the 

existing anchorage and associated 

special conditions ensure that 

navigational concerns are addressed. 

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. 

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. 

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 does 

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

section 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 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 


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62570 Federal Register / Vol. 79, No. 202 / Monday, October 20, 2014 / Rules and Regulations 

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 made a determination that this 

action is one of a category of actions that 

do not individually or cumulatively 

have a significant effect on the human 

environment. An environmental 

analysis checklist supporting this 

determination is available in the docket 

where indicated under ADDRESSES. This 

rule involves changing the location and 

size of a anchorage area as described in 

figure 2–1, paragraph (34)(f), of the 

Commandant Instruction. 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 110 

Anchorage grounds. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 110 as follows: 

PART 110—ANCHORAGE 

REGULATIONS 

■ 1. The authority citation for part 110 

continues to read as follows: 

Authority: 33 U.S.C. 471, 1221 through 

1236, 2071; 33 CFR 1.05–1; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Revise § 110.72d to read as follows: 

§ 110.72d Ashley River, SC. 

All waters on the southwest portion of 

the Ashley River encompassed within 

the following points: Beginning at 

latitude 32°46′40′′ N, longitude 

79°57′27′′ W; thence continuing northnortheasterly to latitude 32°46′44′′ N, 

longitude 79°57′25′′ W; thence 

continuing southeasterly to latitude 

32°46′40′′ N, longitude 79°57′22′′ W; 

thence continuing southeasterly to 

latitude 32°46′27′′ N, longitude 

79°57′03′′ W; thence continuing westsouthwesterly to latitude 32°46′25′′ N, 

longitude 79°57′09′′ W; thence 

continuing northwesterly to the 

beginning point at latitude 32°46′40′′ N, 

longitude 79°57′27′′ W. All coordinates 

are North American Datum 1983. 

Dated: September 11, 2014. 

J.H. Korn, 

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

Coast Guard Seventh District. 

[FR Doc. 2014–24910 Filed 10–17–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2014–0916] 

RIN 1625–AA87 

Security Zone; Cruise Ship HAMBURG, 

Lake Michigan, Milwaukee, WI and 

Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

on Lake Michigan in the vicinity of both 

Milwaukee Harbor in Milwaukee, WI 

and Chicago Harbor in Chicago, IL 

within a 500-yard radius of the Cruise 

Ship HAMBURG. This security zone is 

intended to restrict vessels from a 

portion of Lake Michigan during the 

transit of the Cruise Ship HAMBURG to 

and from Milwaukee, WI and Chicago, 

IL. This security zone is necessary to 

protect the Cruise Ship HAMBURG and 

its occupants during its transit to and 

from Milwaukee, WI, and Chicago, IL. 

DATES: This rule is effective without 

actual notice from October 20, 2014 

until October 31, 2014 at 12:01 a.m. For 

the purposes of enforcement, actual 

notice will be used from the date the 

rule was signed, October 1, 2014, until 

October 20, 2014. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2014–0916. 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, contact 

or email MST1 Joseph McCollum, U.S. 

Coast Guard Sector Lake Michigan, at 

(414) 414–7148 or Joseph.P.McCollum@

uscg.mil. If you have questions on 

viewing 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 

TFR Temporary Final Rule 

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 


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