Federal Register / Vol. 79, No. 210 / Thursday, October 30, 2014 / Rules and Regulations 64511 

This notice is issued under authority 

of 5 U.S.C. 552(a) and 33 CFR 100.1101. 

In addition to this notice in the Federal 

Register, the Coast Guard will provide 

the maritime community with advance 

notification of this enforcement period 

via the Local 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 notice, he or she may use 

a Broadcast Notice to Mariners or other 

communications coordinated with the 

event sponsor to grant general 

permission to enter the regulated area. 

Dated: October 14, 2014. 

J.S. Spaner, 

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

Port San Diego. 

[FR Doc. 2014–25850 Filed 10–29–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2014–0951] 

RIN 1625–AA00 

Safety Zone; Salvage Operations, 

Chicago River, Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the Chicago River between the Lake 

Street Bridge and the Randolph Street 

Bridge, Chicago, IL. This safety zone is 

intended to restrict vessels from a 

designated portion of the Chicago River 

for a sunken barge and related salvage 

operations. This temporary safety zone 

is necessary to protect the surrounding 

public and vessels from the hazards 

associated with salvage operations. 

DATES: This rule is effective without 

actual notice from October 30, 2014 

until November 14, 2014. For the 

purposes of enforcement, actual notice 

will be used from the date the rule was 

signed, October 17, 2014 until October 

30, 2014. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2014–0951. 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 MST2 Stacy Smith, U.S. Coast 

Guard Marine Safety Unit Chicago, at 

(630) 986–2155 or Stacy.D.Smith@

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 

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 a 

notice of proposed rulemaking 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, this safety zone is 

needed for salvage operations for a barge 

that unexpectedly sank on the Chicago 

River on October 17, 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 the public and vessels from the 

hazards associated with the salvage 

operations discussed 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 

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 the 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. 

From October 17 through November 

14, 2014, salvage operations will take 

place on the Chicago River in response 

to a sunken barge on the south branch 

of the Chicago River. The Captain of the 

Port Lake Michigan has determined that 

the salvage operations will pose a 

significant risk to public safety and 

property. This safety zone is necessary 

to protect emergency responders and 

transiting mariners from associated 

hazards, which potentially include 

vessel collisions in a narrow congested 

channel. 

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 vessels during 

salvage operations on the Chicago River. 

This safety zone will be in effect from 

October 17 through November 14, 2014. 

It will be enforced intermittently during 

this time with actual notice. 

Additionally, advanced notice of 

enforcement times will be provided 

through Broadcast Notice to Mariners. 

This zone will encompass all waters on 

the south branch of the Chicago River 

between the Lake Street Bridge and the 

Randolph Street Bridge, Chicago, IL. 

Entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the Captain of the 

Port Lake Michigan or a designated onscene representative. The Captain of the 

Port or a 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 


tkelley on DSK3SPTVN1PROD with RULES
64512 Federal Register / Vol. 79, No. 210 / Thursday, October 30, 2014 / Rules and Regulations 

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 be 

relatively small and enforced on an as 

needed basis. Under certain conditions, 

moreover, vessels may still transit 

through the safety zone when permitted 

by the Captain of the Port. 

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. 

Under the Regulatory Flexibility Act 

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

the impact of this temporary rule on 

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 

the south branch of the Chicago River 

between the Lake Street Bridge and the 

Randolph Street Bridge from October 17 

through November 14, 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 will 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. 

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 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 210 / Thursday, October 30, 2014 / Rules and Regulations 64513 

discovery of a significant environmental 

impact from this rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and record keeping 

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.T09–0951 to read as 

follows: 

§ 165.T09–0951 Safety Zone; Salvage 

Operations, Chicago River, Chicago, IL. 

(a) Location. All waters on the south 

branch of the Chicago River between the 

Lake Street Bridge and the Randolph 

Street Bridge, Chicago, IL. 

(b) Effective and enforcement period. 

This rule is effective without actual 

notice from October 30, 2014 until 

November 14, 2014. For the purposes of 

enforcement, actual notice will be used 

from the date the rule was signed, 

October 17, 2014 until October 30, 2014. 

This rule will be enforced intermittently 

with actual notice. 

(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 a 

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 a designated on-scene 

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 shall 

contact the Captain of the Port Lake 

Michigan or an 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 an 

on-scene representative. 

Dated: October 17, 2014. 

A.B. Cocanour, 

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

Port, Lake Michigan. 

[FR Doc. 2014–25856 Filed 10–29–14; 8:45 am] 

BILLING CODE 9110–04–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 102–37 

[FMR Change–2014–05; FMR Case 2012– 

102–2; Docket No. 2012–0007; Sequence 

No. 1] 

RIN 3090–AJ26 

Federal Management Regulation; 

Donation of Surplus Personal Property 

AGENCY: Office of Governmentwide 

Policy, General Services Administration 

(GSA). 

ACTION: Final rule. 

SUMMARY: The General Services 

Administration is amending the Federal 

Management Regulation (FMR) by 

changing its personal property policy. 

The changes include the addition of 

certain veterans organizations as eligible 

donation recipients, updating and 

clarifying language regarding the use of 

Standard Form 97, The United States 

Government Certificate to Obtain Title 

to a Vehicle (SF 97), instructing 

agencies to ensure against unauthorized 

use of blank copies of SF 97, making 

minor clarifying edits to existing 

policies, and removing and reserving 

certain regulations that are no longer 

required. 

DATES: Effective: October 30, 2014. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Holcombe, Office of 

Governmentwide Policy, Office of Asset 

and Transportation Management (MT), 

at 202–501–3828 or by email at 

Robert.Holcombe@gsa.gov for 

clarification of content. For information 

pertaining to status or publication 

schedules contact the Regulatory 

Secretariat at 202–501–4755. Please cite 

FMR Case 2012–102–2. 

SUPPLEMENTARY INFORMATION: 

A. Background 

GSA published a proposed rule in the 

Federal Register at 77 FR 50447 on 

August 21, 2012. As a result, two 

comments were received that suggested 

revisions or clarifications to Federal 

Acquisition Regulation (FAR) section 

31.205–8 concerning whether contractor 

contributions or donations of contractorowned property to veterans 

organizations are allowable costs under 

a contract. Because that issue is outside 

the scope of this final rule, both 

submitters were provided with the 

procedures for suggesting changes to the 

FAR. Additionally GSA informed the 

submitters that Federal property used by 

contractors is screened for use and 

donation under the plant clearance 

processes contained in FAR part 45. 

Specifically, Federal property is made 

available for screening by other Federal 

agencies and eligible donees under FAR 

section 45.602–3. The proposed new 

subpart J, ‘‘Insuring Donated Property,’’ 

published in the proposed rule has been 

removed from this final rule because 

GSA determined that, as a general 

matter, the decision to acquire 

insurance rests with the recipient of the 

property. No other substantive changes 

have been made to that which was 

published as the proposed rule. 

B. Changes 

The changes in this final rule include 

(1) the addition of certain veterans 

organizations as eligible donation 

recipients as authorized by 40 U.S.C. 

549(c)(3)(C); (2) updating and clarifying 

language regarding the use of Standard 

Form 97, The United States Government 

Certificate to Obtain Title to a Vehicle 

(SF 97), and instructing agencies to 

ensure against unauthorized use of 

blank copies of SF 97; (3) making minor 

clarifying edits to existing policies; and 

(4) removing and reserving current FMR 

sections 102–37.180 and 102–37.185 as 

screener identification cards are no 

longer required. 

C. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This final rule is not a 

significant regulatory action, and 

therefore, was not subject to review 

under Section 6(b) of E.O. 12866, 

Regulatory Planning and Review, dated 

September 30, 1993. This final rule is 

not a major rule under 5 U.S.C. 804. 

D. Regulatory Flexibility Act 

This final rule will not have a 

significant economic impact on a 

substantial number of small entities 


tkelley on DSK3SPTVN1PROD with RULES