65340 Federal Register / Vol. 79, No. 213 / Tuesday, November 4, 2014 / Rules and Regulations 

the closed position for 45 days to 

facilitate the repairs. 

DATES: This deviation is effective from 

November 5, 2014 through December 

19, 2014. 

ADDRESSES: The docket for this 

deviation, [USCG–2014–0946] is 

available at 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 deviation. 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 deviation, 

call or email Ms. Judy Leung-Yee, 

Project Officer, First Coast Guard 

District, telephone (212) 668–7165, 

judy.k.leung-yee@uscg.mil. If you have 

questions on viewing the docket, call 

Cheryl Collins, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: The Metro 

North (Devon) Bridge across the 

Housatonic River, mile 3.9, has a 

vertical clearance in the closed position 

of 19 feet at mean high water and 25 feet 

at mean low water. The existing 

drawbridge operation regulations are 

listed at 33 CFR 117.207(b). 

The Housatonic River is transited by 

commercial barges and seasonal 

recreational vessel traffic. 

The bridge owner, Metro North, 

requested a bridge closure for 45 days to 

facilitate repairs to the miter plates and 

headlocks at the bridge. 

Under this temporary deviation, the 

Metro North (Devon) Bridge may remain 

in the closed position from 10 a.m. on 

November 5, 2014 through 2 p.m. on 

December 19, 2014; except that, the 

draw shall open on Fridays, Saturdays 

and Sundays during the repair period, 

after at least a 24 hour advance notice 

is given. 

There are no alternate routes for 

vessel traffic; however, vessels that can 

pass under the closed draw during this 

closure may do so at any time. The 

bridge may be opened in the event of an 

emergency. 

The Coast Guard will inform the users 

of the waterways through our Local and 

or Broadcast Notices to Mariners of the 

change in operating schedule for the 

bridges so that vessels can arrange their 

transits to minimize any impact caused 

by the temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: October 24, 2014. 

C.J. Bisignano, 

Supervisory Bridge Management Specialist, 

First Coast Guard District. 

[FR Doc. 2014–26093 Filed 11–3–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2014–0902] 

RIN 1625–AA00 

Safety Zone; Pier Removal, WI Central 

Railroad Bridge, Fox River, Green Bay, 

WI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the Fox River in Green Bay, Wisconsin. 

This safety zone is intended to restrict 

vessels from a portion of the Fox River 

due to demolition work on a railroad 

bridge. This temporary safety zone is 

necessary to protect the surrounding 

public and vessels from the hazards 

associated with the demolition work on 

the railroad bridge. 

DATES: This rule is effective from 

November 4, 2014 until 9 p.m. on 

November 30, 2014. This rule will be 

enforced with actual notice from 6 a.m. 

on October 25, 2014 until November 4, 

2014. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2014–0902. 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 temporary 

rule, contact or email MST1 Joseph 

McCollum, U.S. Coast Guard Sector 

Lake Michigan, at 414–747–7148 or 

Joseph.P.McCollum@uscg.mil. If you 

have questions on viewing the docket, 

call Cheryl Collins, Program Manager, 

Docket Operations, telephone 1–800– 

647–5527. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

A. Regulatory History and Information 

On September 11, 2014, in response 

to demolition work on the west pier of 

the WI Central Railroad Bridge for 

September 12 & 19, 2014, the Coast 

Guard issued a Temporary final rule 

(TFR) (USCG–2014–0835) entitled 

Safety Zone; Bridge Demolition, Fox 

River, Green Bay, WI and published it 

in the Federal Register on Friday, 

September 26, 2014 (79 FR 57799). On 

September 16, 2014 the Coast Guard 

was informed that the demolition work 

will continue in October on the same 

railroad bridge. The Coast Guard is 

issuing this TFR to establish a safety 

zone for the demolition scheduled for 

October. 

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(b)(B), the Coast Guard finds that 

good cause exists for not publishing an 

NPRM with respect to this rule because 

doing so would be impracticable and 

contrary to the public interest. The final 

details for this event were not known to 

the Coast Guard until there was 

insufficient time remaining before the 

event to publish an NPRM. Specifically, 

the Coast Guard was informed of this 

demolition project on September 16, 

2014. Thus, delaying the effective date 

of this rule to wait for a comment period 

to run would be both impracticable and 

contrary to the public interest because it 

would inhibit the Coast Guard’s ability 

to protect persons and vessels from the 

hazards associated with the bridge 

demolition project, which are discussed 

further below. 

Under 5 U.S.C. 553(d)(3), The Coast 

Guard finds that good cause exists for 

making this temporary rule effective less 

than 30 days after publication in the 


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Federal Register / Vol. 79, No. 213 / Tuesday, November 4, 2014 / Rules and Regulations 65341 

Federal Register for the same reasons 

discussed in the preceding paragraph, 

waiting for a 30 day notice period to run 

would be impracticable and contrary to 

the public interest. 

B. Basis and Purpose 

The legal basis for this rule is the 

Coast Guard’s authority to establish 

safety zones: 33 U.S.C. 1231; 33 CFR 

1.05–1, 160.5; Department of Homeland 

Security Delegation No. 0170.1. 

On October 27 and 28, 2014, the Coast 

Guard anticipates that blasting will take 

place as part of a demolition project on 

the east and central piers of the 

Wisconsin Central Railroad Bridge at 

mile marker 2.61 on the Fox River in 

Green Bay, Wisconsin. The Captain of 

the Port Lake Michigan has determined 

that this demolition project involving 

blasting will pose a significant risk to 

public safety and property. Such 

hazards include loss of life and property 

in the proximity of explosives, and 

collisions among transiting vessels and 

contractors involved in the demolition 

project. 

C. Discussion of the Final Rule 

With the aforementioned hazards in 

mind, the Captain of the Port Lake 

Michigan has determined that this 

temporary safety zone is necessary to 

ensure the safety of persons and vessels 

during the demolition project in Green 

Bay, Wisconsin. This rule is effective 

from 6 a.m. on October 25, 2014 until 

9 p.m. on November 30, 2014. This rule 

will be enforced intermittently with 

actual notice from 6 a.m. until 9 p.m. on 

each day of October 27, 2014 and 

October 28, 2014. If there is a 

rescheduling of the demolition project 

within this effective date range, the 

Captain of the Port Lake Michigan will 

establish an updated enforcement date 

with a Notice of Enforcement. The 

safety zone will encompass all waters of 

the Fox River near Green Bay, 

Wisconsin within a 1000-foot radius of 

the Wisconsin Central Railroad Bridge 

in approximate position 44°30′14′′ N, 

088°01′22′′ W (NAD 83). 

Entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the Captain of the 

Port Lake Michigan or her designated 

on-scene representative. The Captain of 

the Port or her designated on-scene 

representative may be contacted via 

VHF Channel 16. 

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 conclude that this rule is not a 

significant regulatory action because we 

anticipate that it will have minimal 

impact on the economy, will not 

interfere with other agencies, will not 

adversely alter the budget of any grant 

or loan recipients, and will not raise any 

novel legal or policy issues. The safety 

zone created by this rule will only 

impact a small area and will be enforced 

for a limited duration in October and 

November, 2014. Under certain 

conditions, moreover, vessels may still 

transit through the safety zone when 

permitted by the Captain of the Port or 

her designated on-scene representative. 

2. Impact on Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

the impact of this temporary rule on 

small entities. 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 might 

be small entities: The owners or 

operators of vessels intending to transit 

or anchor in a portion of the Fox River 

during the times that this zone is 

enforced in October and November of 

2014. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the reasons cited in the Regulatory 

Planning and Review section. 

Additionally, before the enforcement of 

the zone, we would issue local 

Broadcast Notice to Mariners so vessel 

owners and operators can plan 

accordingly. 

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 an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 


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65342 Federal Register / Vol. 79, No. 213 / Tuesday, November 4, 2014 / Rules and Regulations 

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 the 

establishment of a safety zone and, 

therefore it 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: 

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

Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 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 § 165.T09–0902 to read as 

follows: 

§ 165.T09–0902 Safety Zone; Pier 

Removal, WI Central Railroad Bridge, Fox 

River, Green Bay, WI. 

(a) Location. All waters of the Fox 

River near Green Bay, Wisconsin within 

a 1000-foot radius of the Wisconsin 

Central Railroad Bridge in approximate 

position 44°30′14′′ N, 088°01′22′′ W 

(NAD 83). 

(b) Effective and enforcement period. 

This rule is effective from 6 a.m. on 

October 25, 2014 until 9 p.m. on 

November 30, 2014. This rule will be 

enforced intermittently with actual 

notice from 6 a.m. until 9 p.m. on each 

day of October 27, 2014 and October 28, 

2014. If there is a rescheduling of the 

demolition project within this effective 

date range, the Captain of the Port Lake 

Michigan will establish an updated 

enforcement date with a Notice of 

Enforcement. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Lake Michigan or her 

designated on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Lake Michigan or her designated onscene representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Lake Michigan 

is any Coast Guard commissioned, 

warrant or petty officer who has been 

designated by the Captain of the Port 

Lake Michigan to act on her behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the Captain of the Port Lake 

Michigan or her on-scene representative 

to obtain permission to do so. The 

Captain of the Port Lake Michigan or her 

on-scene representative may be 

contacted via VHF Channel 16. Vessel 

operators given permission to enter or 

operate in the safety zone must comply 

with all directions given to them by the 

Captain of the Port Lake Michigan or her 

on-scene representative. 

Dated: October 14, 2014. 

A.B. Cocanour, 

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

Port, Lake Michigan. 

[FR Doc. 2014–26094 Filed 11–3–14; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL SERVICE 

39 CFR Part 601 

Purchasing of Property and Services; 

Supplier Debarment, Suspension, and 

Ineligibility 

AGENCY: Postal Service.TM

ACTION: Final rule. 

SUMMARY: The Postal Service is revising 

its regulations governing supplier 

debarment, suspension, and ineligibility 

to reflect that the Postal Service has 

eliminated its separate list of debarred, 

suspended, or ineligible suppliers, and 

now uses the list maintained by the 

General Services Administration (GSA) 

under its System for Award 

Management (SAM). 

DATES: Effective date: December 4, 2014. 

FOR FURTHER INFORMATION CONTACT: Paul 

McGinn, 202–268–4368. 

SUPPLEMENTARY INFORMATION: The Postal 

Service (USPS®) is revising 39 CFR 

601.113, governing supplier debarment, 

suspension, and ineligibility. The Postal 

Service has eliminated its own separate 

list of debarred, suspended, and 

ineligible suppliers, and now uses the 

GSA’s System for Award Management 

(SAM) to determine whether a 

particular supplier is suspended, 

debarred, or ineligible, and to notify the 

public when the USPS suspends or 

debars a supplier. Necessary changes 

have been made to the language of 

§ 601.113, including replacement of the 

term ‘‘debarment, suspension, and 

ineligibility’’ with ‘‘suspension, 

debarment, and ineligibility’’ to reflect 

the sequence of events followed in that 


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