Unknown. Temporary final rule

4,592 words·~21 min read·/register/2014/10/06/2014-23663

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2014-10-06.xml --- 79 193 Monday, October 6, 2014 Contents Administrative Administrative Conference of the United States NOTICES No FEAR Act, 60126-60127 2014-23762 Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Irish Potatoes Grown in Colorado and Imported Irish Potatoes: Area No. 2 Handling and Importation; Relaxation of Handling and Import, 60117-60119 2014-23524 Agriculture Agriculture Department See Agricultural Marketing Service See Food and Nutrition Service See Forest Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 60127-60128 2014-23709 2014-23710 Meetings: National Agricultural Research, Extension, Education, and Economics Advisory Board, 60128 2014-23814 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Refugee Assistance Program Estimates, 60170 2014-23672 Temporary Assistance for Needy Families/National Directory of New Hires Match Results Report, 60169-60170 2014-23670 Civil Rights Civil Rights Commission NOTICES Requests for Nominations:

State Advisory Committees, 60133-60134 2014-23746 Coast Guard Coast Guard RULES Safety Zones: Delaware River, Delaware City, DE, 60057-60059 2014-23663 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Copyright Royalty Board Copyright Royalty Board NOTICES Distribution of 2013 DART Sound Recordings Fund Royalties, 60185-60186 2014-23654 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: E-Complaint Form, 60149-60150 2014-23642 Energy Department Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: California, Lake County Air Quality Management District; Revisions, 60061-60063 2014-23771 California; Imperial County Air Pollution Control District; Revisions, 60070-60073 2014-23788 District of Columbia, Maryland, and Virginia;

Approval of the Redesignation Requests and Maintenance Plan of the Washington, DC-MD-VA Nonattainment Area, etc., 60081-60087 2014-23624 Illinois; Amendments to Gasoline Volatility Standards and Motor Vehicle Refinishing Requirements, 60065-60070 2014-23767 Illinois; Chicago 8-Hour Ozone Maintenance Plan; Revision, 60073-60075 2014-23795 Nevada; Las Vegas Valley, Redesignation to Attainment for PM10; Designation of Areas, 60078-60081 2014-23623 Ohio; Infrastructure Requirements for the 2008 Lead and 2010 NO2 NAAQS, 60075-60077 2014-23798 Pennsylvania;

Allegheny County's Adoption of Control Techniques Guidelines for Offset Lithographic Printing and Letterpress Printing, etc., 60059-60061 2014-23777 Wisconsin; Revisions to Prevention of Significant Deterioration and Nonattainment New Source Review Programs, 60064-60065 2014-23769 Standards and Practices for All Appropriate Inquiries, 60087-60090 2014-23399 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: California, Lake County Air Quality Management District;

Revisions, 60124 2014-23770 California; Imperial County Air Pollution Control District; Revisions, 60123-60124 2014-23787 Illinois; Amendments to Gasoline Volatility Standards and Motor Vehicle Refinishing Requirements, 60125 2014-23768 National Emission Standards for Hazardous Air Pollutants: Ferroalloys Production, 60238-60291 2014-23266 NOTICES Certain New Chemicals: Receipt and Status Information, 60154-60157 2014-23772 Proposed Settlement Agreements under CERCLA: Strategic Sciences Removal Site, Sylmar, CA, 60157 2014-23816 Executive Office of the President See Trade Representative, Office of United States Federal Aviation Federal Aviation Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Landing Area Proposal, 60230-60231 2014-23813 Use of Certain Personal Oxygen Concentrator Devices on Board Aircraft, 60231 2014-23815 Federal Communications Federal Communications Commission RULES Connect America Fund: ETC Annual Reports and Certifications; Correction, 60090 2014-23781 Medical Body Area Network, 60092-60100 2014-23519 Radio Broadcasting Services: Bruce, MS, 60091-60092 2014-23779 Various Locations, 60090-60091 2014-23657 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 60157-60160 2014-23783 2014-23784 2014-23785 Radio Broadcasting Services: AM or FM Proposals to Change the Community of License, 60160 2014-23778 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 60160 2014-23952 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 60150-60151 2014-23759 2014-23760 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

Hoopeston Wind, LLC, 60153 2014-23756 Roundtop Energy LLC, 60151 2014-23754 Skylar Resources, LP, 60151-60152 2014-23755 UP Power Marketing, LLC, 60152-60153 2014-23758 White Pine Electric Power, LLC, 60152 2014-23757 Federal Highway Federal Highway Administration RULES Environmental Impact and Related Procedures - Programmatic Agreements and Additional Categorical Exclusions, 60100-60116 2014-23660 NOTICES Environmental Impact Statements; Availability, etc.: Lone Star Regional Rail Project;

Williamson, Travis, Bastrop, Hays, Caldwell, Comal, Guadalupe, and Bexar Counties, TX, 60232-60233 2014-23711 Federal Maritime Federal Maritime Commission NOTICES Investigations and Hearings: Metro Freight Services, Inc., d/b/a Maritime Express Lines; Possible Shipping Act Violations, 60161-60163 2014-23645 Ocean Transportation Intermediary License Applicants, 60163 2014-23649 Ocean Transportation Intermediary License Reissuances, 60163 2014-23648 Ocean Transportation Intermediary License Rescissions of Orders of Revocation, 60163-60164 2014-23647 Ocean Transportation Intermediary License Revocations and Surrenders, 60164 2014-23646 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 60164-60165 2014-23682 Proposed Consent Agreements: Norm Thompson Outfitters, Inc., 60165-60167 2014-23680 Wacoal America, Inc., 60167-60169 2014-23681 Federal Transit Federal Transit Administration RULES Environmental Impact and Related Procedures - Programmatic Agreements and Additional Categorical Exclusions, 60100-60116 2014-23660 Fish Fish and Wildlife Service NOTICES Permits: Endangered Species, 60182-60183 2014-23741 Endangered Species;

Marine Mammals, 60181-60182 2014-23742 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Special Supplemental Nutrition Program for Women, Infants, and Children Infant and Toddler Feeding Practices Study, 60129-60131 2014-23740 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Lower Yaak, O'Brien, Sheep Project, Kootenai National Forest, Lincoln County, MT, 60131-60133 2014-22817 Meetings:

National Urban and Community Forestry Advisory Council, 60133 2014-23745 Health and Human Health and Human Services Department See Children and Families Administration See National Institutes of Health NOTICES Report on Carcinogens, Thirteenth Edition, 60169 2014-23748 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Regulation on Agency Protests, 60178 2014-23688 Various Contract Related Forms, Acquisition Regulation, 60178-60179 2014-23687 Meetings: Homeland Security Academic Advisory Council, 60179-60180 2014-23782 Interior Interior Department See Fish and Wildlife Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Freshwater Crawfish Tail Meat from the People's Republic of China, 60134-60136 2014-23793 Polyethylene Terephthalate Film, Sheet, and Strip from the People's Republic of China, 60136-60137 2014-23796 Applications for Duty-Free Entry of Scientific Instruments, 60137 2014-23794 Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an In-Quota Rate of Duty, 60137-60138 2014-23797 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Refined Brown Aluminum Oxide from China, 60183 2014-23801 Recent Trends in U.S. Services Trade, 2015 Annual Report, 60183-60184 2014-23753 Justice Department Justice Department NOTICES Proposed Consent Decrees under the Clean Air Act, 60184-60185 2014-23749 Proposed Consent Decrees under the Clean Water Act and the Clean Air Act, 60185 2014-23679 Proposed Settlement Agreements under CERCLA, 60185 2014-23774 Library Library of Congress See Copyright Royalty Board NASA National Aeronautics and Space Administration PROPOSED RULES Patents and Other Intellectual Property Rights, 60119-60123 2014-23739 National Highway National Highway Traffic Safety Administration NOTICES Buy American Waivers;

Correction, 60233 2014-23822 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 60171-60172, 60175 2014-23729 2014-23731 National Cancer Institute, 60171-60174, 60177-60178 2014-23722 2014-23733 2014-23735 2014-23736 2014-23737 National Center for Complementary and Alternative Medicine, 60176-60177 2014-23727 National Heart, Lung, and Blood Institute, 60173 2014-23730 National Institute of Allergy and Infectious Diseases, 60176 2014-23726 National Institute of Diabetes and Digestive and Kidney Diseases, 60174-60175 2014-23724 National Institute of General Medical Sciences, 60173, 60177 2014-23732 2014-23734 National Institute of Mental Health, 60175-60176 2014-23728 National Institute of Neurological Disorders and Stroke, 60170-60171 2014-23723 Office of the Director, 60173-60174 2014-23725 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Cooperative Game Fish Tagging Report, 60139 2014-23712 Pacific Albacore Logbook, 60139-60140 2014-23713 Southeast Region Bycatch Reduction Device Certification Family of Forms, 60138-60139 2014-23715 Southeast Region Gear Identification Requirements, 60140 2014-23716 Southeast Region Vessel Identification Requirements, 60140-60141 2014-23714 Meetings: South Atlantic Fishery Management Council, 60141-60142 2014-23752 Takes of Marine Mammals Incidental to Specified Activities:

Operation, Maintenance, and Repair of the Northeast Gateway Liquefied Natural Gas Port and the Algonquin Pipeline Lateral Facilities in Massachusetts Bay, 60142-60149 2014-23764 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60186-60188 2014-23674 2014-23675 2014-23676 Guidance: Applications for Bioassay for Uranium, 60190-60191 2014-23719 Nonmetallic Thermal Insulation for Austenitic Stainless Steel, 60188-60190 2014-23743 License Applications:

Standard Format and Content for Independent Spent Fuel Storage Installations or a Monitored Retrievable Storage Facilities, 60191-60192 2014-23718 License Transfers: Susquehanna Steam Electric Station, Units 1 and 2, 60192-60197 2014-23800 Petitions: Entergy Nuclear Operations, Inc.; Palisades Nuclear Plant, 60197 2014-23802 Regulatory Guidance: Medical Evaluation of Licensed Personnel for Nuclear Power Plants, 60197-60199 2014-23717 Office of United States Trade Representative See Trade Representative, Office of United States Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 60199-60200 2014-23668 2014-23669 Postal Products;

Amendments, 60200 2014-23678 Postal Service Postal Service NOTICES Product Changes: Priority Mail Negotiated Service Agreement, 60200-60201 2014-23683 2014-23685 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60201-60203 2014-23706 2014-23707 2014-23708 Joint Industry Plans: BATS Exchange, Inc., BATS Y-Exchange, Inc., Chicago Board Options Exchange, Inc., et al., 60203-60205 2014-23655 Self-Regulatory Organizations;

Proposed Rule Changes: Chicago Mercantile Exchange Inc., 60211-60212, 60221-60223 2014-23699 2014-23700 Chicago Stock Exchange, Inc., 60205-60207 2014-23705 International Securities Exchange, LLC, 60226-60228 2014-23701 NASDAQ Stock Market LLC, 60207-60211 2014-23703 New York Stock Exchange LLC, 60218-60221 2014-23702 NYSE Arca, Inc., 60212-60214, 60223-60225 2014-23697 2014-23704 NYSE MKT LLC, 60217-60218 2014-23696 Options Clearing Corp., 60214-60217 2014-23698 Small Business Small Business Administration NOTICES Disaster Declarations:

Washington, 60228 2014-23808 State Department State Department RULES Exchange Visitor Program -- General Provisions, 60294-60317 2014-23510 NOTICES Meetings: Advisory Committee on Private International Law, 60229 2014-23789 Advisory Committee on Private International Law; Electronic Commerce, 60229 2014-23790 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions; Discontinuance of Service Exemptions: CSX Transportation, Inc., Knoxville, Knox County, TN;

Norfolk Southern Railway Co., Knoxville, Knox County, TN, 60233-60234 2014-23791 Trade Representative Trade Representative, Office of United States NOTICES 2014 Special 301 Out-of-Cycle Review of Kuwait, 60229-60230 2014-23763 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Surface Transportation Board U.S. Citizenship U.S.

Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application to Adjust Status from Temporary to Permanent Resident, 60180 2014-23786 Customs U.S. Customs and Border Protection NOTICES Meetings: U.S. Customs and Border Protection Airport and Seaport Inspections User Fee Advisory Committee, 60180-60181 2014-23744 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Claim for Reimburse of Travel Expenses, 60234-60235 2014-23738 Requests for Nominations: Research Advisory Committee on Gulf War Veterans' Illnesses, 60235 2014-23661 Western Western Area Power Administration NOTICES Rate Formulas; Extensions: Provo River Project, Rate Order No. WAPA-165, 60153-60154 2014-23773 Separate Parts In This Issue Part II Environmental Protection Agency, 60238-60291 2014-23266 Part III State Department, 60294-60317 2014-23510 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 79 193 Monday, October 6, 2014 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 165 [Docket Number USCG-2014-0883] RIN 1625-AA00 Safety Zone, Delaware River; Delaware City, DE AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule. SUMMARY: The Coast Guard is establishing a temporary safety zone closing Pea Patch Island Anchorage No. 5 and the upper portion of Reedy Point South Anchorage No. 3 to anchoring operations in order to facilitate dredging in New Castle Range in the Delaware River. This regulation is necessary to provide for the safety of life on the navigable waters of Pea Patch Island and Reedy Point South Anchorages. These closures are intended to restrict vessel anchoring to protect mariners from the hazards associated with ongoing pipe-laying and dredging operations.

DATES: This rule is effective without actual notice from October 6, 2014 until November 15, 2014, unless cancelled earlier by the Captain of the Port. For the purposes of enforcement, actual notice will be used from October 1, 2014, until October 6, 2014. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG-2014-0883]. 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. If you have questions on this temporary rule, call or email Lieutenant Brennan Dougherty, U.S.

Coast Guard, Sector Delaware Bay, Chief Waterways Management Division, Coast Guard; telephone

(215)271-4851, email *Brennan.P.Dougherty@uscg.mil.* If you have questions on viewing or submitting material to 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

(NPRM)with respect to this rule because it is impracticable because immediate action is necessary to protect the maritime public. Publishing an NPRM is impracticable given that the final details for the dredging operation were not received by the Coast Guard until September 17, 2014. Vessels attempting to anchor in either Pea Patch Island or the upper portion of Reedy Point South Anchorages during pipe-laying or dredging operations may be at risk. Delaying this rule to wait for a notice and comment period to run would be contrary to the public interest as it would inhibit the Coast Guard's ability to protect the public from the hazards associated with pipe-laying and dredging operations. 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** as any delay encountered in this regulation's effective date would be contrary to public interest because immediate action is needed to provide for the safety of life and property from the hazards associated with pipe-laying and dredging operations. B. Basis and Purpose The legal basis for the rule is the Coast Guard's authority to establish regulated navigation areas and other limited access areas: 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. Norfolk Dredging Company has been contracted by the Army Corps of Engineers

(ACOE)to conduct maintenance dredging in the Delaware River within New Castle Range in order to maintain channel depth. This project requires the placement of floating and submerged pipeline, along with placement of an anchor barge, within Pea Patch Island Anchorage No. 5. Due to the presence of the pipeline, vessels are not permitted to anchor within Pea Patch Island Anchorage for the duration of the dredging project. In addition, as the dredging project proceeds south and approaches the entrance of the Chesapeake and Delaware (C & D) Canal, vessels heading north through the Delaware River with intent to transit the Canal will be re-directed through the upper portion of Reedy Point South Anchorage No. 3. As a result this upper portion of Anchorage No. 3 will be closed for anchoring purposes during this time. Notice of the closure will be broadcast by a Local Notice to Mariners and a Broadcast Notice to Mariners at the appropriate time. The Captain of the Port will reopen both anchorages once all submerged pipeline has been recovered and dredging operations are complete. At such time, notice that the temporary closure of the anchorages is no longer in effect will be broadcast to mariners on VHF channel 16. The Captain of the Port is establishing this safety zone to ensure the safety of life and property of all mariners and vessels transiting the local area. C. Discussion of the Temporary Final Rule The Coast Guard Captain of the Port is temporarily establishing a safety zone closing Pea Patch Island Anchorage No. 5 and the upper portion of Reedy Point South Anchorage No. 3 to anchoring operations from October 1, 2014 to November 15, 2014, unless cancelled earlier by the Captain of the Port once operations are complete. The safety zone will include all waters within the boundaries of Pea Patch Island Anchorage No. 5 and all waters within a portion of Reedy Point South Anchorage No. 3 north of a line drawn between positions 39°33′7.5″ N, 75°33′2.0″ W and 39°33′8.8″ N, 75°32′31.8″ W, as charted on NOAA chart 12311. Vessels will not be permitted to anchor within these areas of Anchorage No. 5 or Anchorage No. 3. The Captain of the Port or her 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 or 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. Although this regulation will restrict access to the regulated area, the effect of this rule will not be significant because:

(i)The Coast Guard will make extensive notification of the Safety Zone to the maritime public via maritime advisories so mariners can alter their plans accordingly;

(ii)vessels may still be permitted to transit through the safety zone with the permission of the Captain of the Port on a case-by-case basis; and

(iii)this rule will be enforced until pipe-laying and dredging operations have been completed. 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. This rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to anchor in Pea Patch Island Anchorage No. 5 and the upper portion of Reedy Point South Anchorage No. 3, from October 1, 2014 to November 15, 2014, unless cancelled earlier by the Captain of the Port once all operations are completed. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reason: Vessel traffic will be allowed to pass through the safety zone with permission of the Captain of the Port or her designated representative, and the safety zone is limited in size. Sector Delaware Bay will issue maritime advisories widely available to users of the Delaware River. 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 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 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 implementation of regulations within 33 CFR Part 165, applicable to safety zones on the navigable waterways. This safety zone will temporarily restrict vessel traffic from anchoring in Pea Patch Island Anchorage No. 5 and Reedy Point South Anchorage No. 3. 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, 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. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1 2. Amend § 165.T05-0883, to read as follows: § 165.T05-0883 Safety Zone, Delaware River; Delaware City, DE

(a)*Regulated area.* The safety zone will include all waters within the boundaries of Pea Patch Island Anchorage No. 5 and all waters within the upper portion of Reedy Point South Anchorage No. 3 north of a line drawn between positions 39°33′7.5″ N, 75°33′2.0″ W and 39°33′8.8″ N, 75°32′31.8″ W, as charted on NOAA chart 12311.

(b)*Enforcement period.* This section will be enforced from October 1, 2014 to November 15, 2014, unless cancelled earlier by the Captain of the Port once all operations are completed.

(c)*Regulations.* All persons are required to comply with the general regulations governing safety zones in 33 CFR 165.23.

(1)All persons or vessels wishing to transit through the Safety Zone must request authorization to do so from the Captain of the Port or her designated representative one hour prior to the intended time of transit.

(2)Vessels granted permission to transit must do so in accordance with the directions provided by the Captain of the Port or her designated representative to the vessel.

(3)To seek permission to transit the Safety Zone, the Captain of the Port's representative can be contacted via marine radio VHF Channel 16.

(4)This section applies to all vessels wishing to transit through the Safety Zone except vessels that are engaged in the following operations:

(i)Enforcing laws;

(ii)Servicing aids to navigation, and

(iii)Emergency response vessels.

(5)No person or vessel may enter or remain in a safety zone without the permission of the Captain of the Port;

(6)Each person and vessel in a safety zone shall obey any direction or order of the Captain of the Port;

(7)No person may board, or take or place any article or thing on board, any vessel in a safety zone without the permission of the Captain of the Port; and

(8)No person may take or place any article or thing upon any waterfront facility in a safety zone without the permission of the Captain of the Port.

(d)*Definitions.* The *Captain of the Port* means the Commander of Sector Delaware Bay or any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port to act on her behalf.

(e)*Enforcement.* The U.S. Coast Guard may be assisted in the patrol and enforcement of the Safety Zone by Federal, State, and local agencies. Dated: September 24, 2014. K. Moore, Captain, U.S. Coast Guard, Captain of the Port Delaware Bay. [FR Doc. 2014-23663 Filed 10-3-14; 8:45 am]

Connectionstraces to 12

Traces to 12 documents

U.S. Code

CFR

public-private-law