Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Rules and Regulations 67353 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2014–0971] 

Special Local Regulation; Southern 

California Annual Marine Events for 

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 Hanohano Ocean Challenge special 

local regulations on January 24, 2015. 

This marine event occurs on the 

navigable waters of Mission Bay, in San 

Diego, California. This action is 

necessary to provide for 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 for the marine 

event listed in 33 CFR 100.1101, Table 

1, Item 16, will be enforced from 6:00 

a.m. to 2:00 p.m. on January 24, 2015. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email Petty Officer Nick Bateman, 

Waterways Management, U.S. Coast 

Guard Sector San Diego, CA; telephone 

(619) 278–7656, email D11-PFMarineEventsSanDiego@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the special local 

regulations in Mission Bay for the 

Hanohano Ocean Challenge Nationals in 

33 CFR 100.1101, Table 1, Item 16 from 

6:00 a.m. to 2:00 p.m. 

Under the provisions of 33 CFR 

100.1101, persons and vessels are 

prohibited from entering into, transiting 

through, or anchoring within the 

regulated race course area during 

designated racing times unless 

authorized by the Captain of the Port, or 

his designated representative. Persons 

or vessels desiring to enter into or pass 

through the regulated area may request 

permission from the Captain of the Port 

or designated representative. If 

permission is granted, all persons and 

vessels shall comply with the 

instructions of the Captain of the Port or 

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 patrol 

notification and education of the marine 

event special local regulations. 

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, 

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 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 28, 2014. 

J. S. Spaner, 

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

Port San Diego. 

[FR Doc. 2014–26916 Filed 11–12–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2014–0950] 

RIN 1625–AA00 

Safety Zone: Carquinez Strait Cable 

Repair Operation, Martinez, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the navigable waters of Carquinez Strait 

near Martinez, CA in support of a cable 

repair operation. This temporary safety 

zone is established to ensure the safety 

of the mariners and vessels from the 

dangers associated with the cable 

repairs being done in Carquinez Strait. 

Unauthorized persons or vessels are 

prohibited from entering into, transiting 

through, or remaining in the safety zone 

without the permission of the Captain of 

the Port or a designated representative. 

DATES: This rule is effective without 

actual notice from November 13, 2014 

until 8:00 p.m. on December 5, 2014. 

For the purposes of enforcement, actual 

notice will be used from 6 a.m. on 

November 4, 2014, until November 13, 

2014. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2014–0950. 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 Program Manager, Docket 

Operations, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NOAA National Oceanic and Atmospheric 

Administration 

PATCOM U.S. Coast Guard Patrol 

Commander 

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 it 

would be impracticable to publish a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because 

immediate action is necessary to protect 

the public from the dangers associated 

with the cable repair operation. The 

cable repairs in the Carquinez Strait are 

the result of a previous emergency 

anchorage and are an unforeseeable 

event that poses an immediate danger to 

mariners. 

For the same reasons, 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. 

Providing 30 days notice and delaying 

its effective date would be impracticable 


rmajette on DSK2TPTVN1PROD with RULES
67354 Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Rules and Regulations 

because immediate action is needed to 

protect persons, property, and 

infrastructure from potential damage 

and safety hazards associated with the 

cable repair operation in Carquinez 

Strait in Martinez, CA. 

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; 

Department of Homeland Security 

Delegation No. 0170.1, which 

collectively authorize the Coast Guard 

to establish safety zones. 

On October 10, 2014, Coast Guard 

Sector San Francisco received 

notification that the Manson 71 Barge 

would be conducting cable repairs 

following an anchoring incident in 

Carquinez Strait. The cable repairs are 

necessary to ensure that power is not 

lost to the San Francisco Bay area in the 

future due to damage done to the cable 

during the anchoring incident. The 

safety zone is necessary to protect 

people, vessels, and other property from 

the hazards associated with the cable 

repair operations in Carquinez Strait. 

C. Discussion of the Final Rule 

The Coast Guard is establishing a 

temporary safety zone in navigable 

waters of the Carquinez Strait enclosed 

within the following points: 38°02′26′′ 

N, 122°07′41′′ W; 38°02′13′′ N, 

122°07′34′′ W; 38°02′07′′ N, 122°07′48′′ 

W; and 38°02′15′′ N, 122°08′03′′ W 

(NAD83) during the cable repair 

operations following an anchoring 

incident in Carquinez Strait. Anchors 

will be placed at each of the coordinates 

and the Manson 71 Barge will be tied off 

in a four-point configuration. This will 

allow the barge to remain on top of the 

cable and move up and down to 

conduct all repairs. This rule is effective 

and enforceable from 6 a.m. on 

November 4, 2014 until 8 p.m. on 

December 5, 2014. 

Unauthorized persons or vessels are 

prohibited from entering into, transiting 

through, or remaining in the safety zone 

without the permission of the Captain of 

the Port or a designated representative. 

The effect of the safety zones will be to 

restrict navigation in the vicinity of the 

Manson 71 Barge while the vessel is 

conducting a cable repair operation. 

Except for persons or vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel may enter or remain 

in the restricted area. These regulations 

are needed to keep people, vessels, and 

other property safe by preventing 

interaction between the Manson 71 

Barge and small craft during restricted 

maneuvering and to ensure safety of life 

on the navigable waters. 

D. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of 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 zones are limited 

in duration, and are limited to a 

narrowly tailored geographic area. In 

addition, although this rule restricts 

access to the waters encompassed by the 

safety zones, 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 zones 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. These safety zones would 

not have a significant economic impact 

on a substantial number of small entities 

for the following reasons. These safety 

zones would be activated, and thus 

subject to enforcement, for a limited 

duration. When the safety zones are 

activated, vessel traffic may coordinate 

movements around the safety zones by 

contacting PATCOM on VHF channel 

16. The maritime public will be advised 

in advance of these 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 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 


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Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Rules and Regulations 67355 

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. 1226, 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 § 165.T11–675 to read as 

follows: 

§ 165.T11–675 Safety zone; Carquinez 

Strait Cable Repair Operation, Martinez, CA. 

(a) Location. This temporary safety 

zone is established for the navigable 

waters of Carquinez Strait near 

Martinez, CA as depicted in National 

Oceanic and Atmospheric 

Administration (NOAA) Chart 18656. 

The temporary safety zone in the 

navigable waters of the Carquinez Strait 

is enclosed within the following points: 

38°02′26′′ N, 122°07′41′′ W; 38°02′13′′ N, 

122°07′34′′ W; 38°02′07′′ N, 122°07′48′′ 

W; and 38°02′15′′ N, 122°08′03′′ W 

(NAD83). 

(b) Enforcement period. The zone 

described in paragraph (a) of this 

section will be enforced from 6 a.m. on 

November 4, 2014 until 8 p.m. on 

December 5, 2014. 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 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 

zone. 

(d) Regulations. (1) Entry into, 

transiting or anchoring within these 

safety zones is prohibited unless 

authorized by the COTP or a designated 

representative. 

(2) The safety zones are 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 zones 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 zones 

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 

zones on VHF–16 or through the 24- 

hour Command Center at telephone 

(415) 399–3547. 

Dated: October 28, 2014. 

Gregory G. Stump, 

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

Port San Francisco. 

[FR Doc. 2014–26754 Filed 11–12–14; 8:45 am] 

BILLING CODE 9110–04–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 14–139; RM–11732; DA 14– 

1579] 

Television Broadcasting Services; 

Mount Vernon, Illinois 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the 

Commission issued in response to a 

petition for rulemaking filed by WPXS, 

Inc. (‘‘WPXS’’), the licensee of 

WPXS(TV), channel 21, Mount Vernon, 

Illinois, requesting the substitution of 

channel 11 for channel 21 at Mount 

Vernon. WPXS filed comments 

reaffirming its interest in the proposed 

channel substitution and states that it 

will apply for the channel if allotted, 


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