Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Rules and Regulations 69761 

Railroad Bridge, at mile 0.2, across 

Trent River in Bern, NC, has a vertical 

clearance in the closed to navigation 

position of 0 feet above mean high 

water. 

Under the current operating schedule 

set out in 33 CFR 117.5, the draw must 

open promptly and fully for the passage 

of vessels when a request or signal to 

open is given. 

Under this temporary deviation, the 

bridge will be closed-to-navigation for 

maintenance and would allow the 

bridge to remain closed from 8 a.m. 

Monday, December 15, 2014 to 7 p.m. 

Friday, December 19, 2014, so necessary 

repairs may be made. Vessels will not be 

able to pass through when the bridge is 

in the closed position. The bridge will 

not be able to open for emergencies and 

there is no alternate route for vessels. 

The Coast Guard will inform the users 

of the waterway through Local and 

Broadcast Notice to Mariners of the 

temporary deviation in operating 

schedule for the bridge so that vessels 

can arrange their transit plans 

accordingly. Waterway traffic consists of 

fishing boats, recreational boats, and 

occasional tugs and barges. 

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: November 12, 2014. 

James L Rousseau, 

Bridge Program Manager, Fifth Coast Guard 

District. 

[FR Doc. 2014–27832 Filed 11–21–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2014–0980] 

RIN 1625–AA00 

Safety Zone; Salvage Operations, Lake 

Michigan, Navy Pier, Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

Lake Michigan north of Navy Pier, 

Chicago, IL. This safety zone is intended 

to restrict vessels from a designated 

portion of Lake Michigan for salvage 

operations of a sunken barge. 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 November 24, 2014 

until December 5, 2014. For the 

purposes of enforcement, actual notice 

will be used from November 4, 2014, 

until November 24, 2014. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2014–0980. 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 

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 

‘‘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 of a barge 

that unexpectedly sank on Lake 

Michigan on October 31, 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 November 4, through December 

5, 2014, salvage operations will take 

place on Lake Michigan in response to 

a sunken barge north of Navy Pier, 

within the Chicago Harbor. 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 include 

vessel collisions in a congested harbor. 

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 Lake Michigan. 

This safety zone will be in effect from 

November 4, through December 5, 2014. 

It will be enforced intermittently on an 

as-needed basis during this time. 

Additionally, advanced notice of 

enforcement times will be provided 

through Broadcast Notice to Mariners. 

This zone will encompass all waters of 

Lake Michigan within the arc of a circle 

with a 500-foot radius, with its center 

located on the north side of Navy Pier, 

approximate position 41°53′33′′ N, 

087°36′07′′ 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 a designated onscene representative. The Captain of the 

Port or a designated on-scene 

representative may be contacted via 

VHF Channel 16. 


asabaliauskas on DSK5VPTVN1PROD with RULES
69762 Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Rules and Regulations 

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 be 

relatively small and enforced on an as 

needed basis for about a month. 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 

Lake Michigan, within the Chicago 

Harbor, in the vicinity north of Navy 

Pier, from November 4, through 

December 5, 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 (Public Law 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

INTFORMATION 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 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Rules and Regulations 69763 

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.T09–0980 to read as 

follows: 

§ 165.T09–0980 Safety Zone; Salvage 

Operations, Lake Michigan, Navy Pier, 

Chicago, IL. 

(a) Location. All waters of Lake 

Michigan within the arc of a circle with 

a 500-foot radius, with its center located 

on the north side of Navy Pier, 

approximate position 41°53′33′′ N, 

087°36′07′′ W; (NAD 83). 

(b) Effective and Enforcement Period. 

This rule is effective without actual 

notice from November 24, 2014 until 

December 5, 2014. For the purposes of 

enforcement, actual notice will be used 

from November 4, 2014, until November 

24, 2014. This rule will be enforced 

intermittently on an as-needed basis. 

(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: November 4, 2014. 

A.B. Cocanour, 

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

Port, Lake Michigan. 

[FR Doc. 2014–27828 Filed 11–21–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–1036] 

Safety Zone; Connectquot River Fall 

Fireworks; Connectquot River; 

Oakdale, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the safety zone for Connectquot River 

Fall Fireworks on Connectquot River in 

Oakdale, NY from 6:30 p.m. to 7:30 p.m. 

on November 29, 2014. In the event of 

inclement weather the safety zone will 

be enforced from 6:30 p.m. to 7:30 p.m. 

on November 30, 2014. This action is 

necessary and intended to ensure safety 

of life on the navigable waters 

immediately prior to, during, and 

immediately after the fireworks event. 

During the aforementioned period, the 

Coast Guard will enforce restrictions 

upon, and control movement of, vessels 

in a specified area immediately prior to, 

during, and immediately after the 

fireworks event. During the enforcement 

period, no person or vessel may enter 

the safety zone without permission of 

the Captain of the Port. 

DATES: The regulations in 33 CFR 

165.151 Table 1, 11.3 listed below will 

be enforced from 6:30 p.m. to 7:30 p.m. 

on November 29, 2014 with a rain date 

of November 30, 2014. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email Petty Officer Ian Fallon, 

Waterways Management Division, U.S. 

Coast Guard Sector Long Island Sound; 

telephone 203–468–4565, email 

Ian.M.Fallon@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

Connectquot River Fall Fireworks; 

Connectquot River; Oakdale, NY. The 

safety zone listed in 33 CFR 165.151 

Table 1, 11.3 will be enforced from 6:30 

p.m. to 7:30 p.m. on November 29, 2014. 

In the event of inclement weather the 

safety zone will be enforced from 6:30 

p.m. to 7:30 p.m. on November 30, 2014. 

Under the provisions of 33 CFR 

165.151, the fireworks display listed 

above is established as a safety zone. 

During the enforcement period, persons 

and vessels are prohibited from entering 

into, transiting through, mooring, or 

anchoring within the safety zone unless 

they receive permission from the COTP 

or designated representative. 

This notice is issued under authority 

of 33 CFR 165 and 5 U.S.C. 552 (a). 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 or 

marine information broadcasts. If the 

COTP determines that the safety zone 

need not be enforced for the full 

duration stated in this notice, a 

Broadcast Notice to Mariners may be 

used to grant general permission to 

enter the regulated area. 

Dated: November 6, 2014. 

E.J. Cubanski, III, 

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

Port Sector Long Island Sound. 

[FR Doc. 2014–27827 Filed 11–21–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 49 

[EPA–R10–OAR–2012–0557: FRL–9917–07– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Swinomish 

Indian Tribal Community; Tribal 

Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 


asabaliauskas on DSK5VPTVN1PROD with RULES