Anchorage; Ashley River Anchorage, Ashley River, Charleston, SC, 62568-62570 [2014-24910]
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Federal Register / Vol. 79, No. 202 / Monday, October 20, 2014 / Rules and Regulations
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[FR Doc. 2014–24598 Filed 10–17–14; 8:45 am]
BILLING CODE 3510–17–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 110
[Docket Number USCG–2013–0819]
RIN 1625–AA01
Anchorage; Ashley River Anchorage,
Ashley River, Charleston, SC
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is modifying
the special anchorage area located on
the Ashley River, in Charleston, SC.
This change is necessary to
accommodate the expansion of the
Charleston City Marina and to meet
special anchorage area requirements.
This change will ensure that there is
sufficient space to accommodate vessels
desiring to anchor in the area, while
allowing a sufficient buffer between the
federal channel and special anchorage.
DATES: This rule is effective November
19, 2014.
SUMMARY:
E:\FR\FM\20OCR1.SGM
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Federal Register / Vol. 79, No. 202 / Monday, October 20, 2014 / Rules and Regulations
Documents mentioned in
this preamble are part of docket USCG–
2013–0819. To view documents
mentioned in this preamble as being
available in the docket, go to https://
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 Chief Warrant Officer Christopher
Ruleman, Sector Charleston Waterways
Management, U.S. Coast Guard;
telephone (843) 740–3184, email
christopher.l.ruleman@uscg.mil. If you
have questions on viewing the docket,
call Cheryl Collins, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
rmajette on DSK3VPTVN1PROD with RULES
A. Regulatory History and Information
On May 7, 2014, we published a
notice of proposed rulemaking (NPRM)
entitled Anchorage; Ashley River
Anchorage, Ashley River, Charleston,
SC, in the Federal Register (79 FR
26195). We received no comments on
the proposed rule. No public meeting
was requested, and none was held.
B. Basis and Purpose
The legal basis for this rule is: 33
U.S.C. 471, 1221 through 1236, 2071; 33
CFR 1.05–1; and Department of
Homeland Security Delegation No.
0170.1, which collectively authorize the
Coast Guard to define anchorage
grounds.
The purpose of this rule is to relocate
and reestablish the Ashley River
Anchorage to accommodate the
approved expansion plans of the
Charleston City Marina. The City
Marina Company received a permit for
the expansion of their marina in August
2012. The expansion will force the
relocation of the centerline of the
federal channel in the vicinity of the
marina. The new channel will impede
on the current special anchorage area.
Consistent with requirements in 33 CFR
109.10, the special anchorage area must
be modified to prevent potential
navigational hazards caused by the
VerDate Sep<11>2014
13:53 Oct 17, 2014
Jkt 235001
proximity of vessels transiting the
channel to vessels anchored in the
special anchorage area. This rule
maintains the current size of the
anchorage, ensuring no reduction in
space for vessels needing to anchor.
C. Discussion of Comments, Changes
and the Final Rule
The Coast Guard did not receive any
comments to the proposed rule, and no
changes were made to the regulatory
text.
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. The impacts on routine
navigation are expected to be minimal
because the anchorage area will not
unnecessarily restrict traffic as it is
located outside of the established
navigation channel. Vessels will be able
to maneuver in, around, and through the
anchorage. The anchorage maintains the
same amount of anchorage area as the
existing anchorage and associated
special conditions ensure that
navigational concerns are addressed.
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.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
PO 00000
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Fmt 4700
Sfmt 4700
62569
we want to assist small entities in
understanding this rule. If the rule does
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
section 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 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
E:\FR\FM\20OCR1.SGM
20OCR1
62570
Federal Register / Vol. 79, No. 202 / Monday, October 20, 2014 / Rules and Regulations
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
analysis checklist supporting this
determination is available in the docket
where indicated under ADDRESSES. This
rule involves changing the location and
size of a anchorage area as described in
figure 2–1, paragraph (34)(f), of the
Commandant Instruction. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
[FR Doc. 2014–24910 Filed 10–17–14; 8:45 am]
BILLING CODE 9110–04–P
Table of Acronyms
DEPARTMENT OF HOMELAND
SECURITY
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
List of Subjects in 33 CFR Part 110
Anchorage grounds.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 110 as follows:
PART 110—ANCHORAGE
REGULATIONS
1. The authority citation for part 110
continues to read as follows:
■
11. Indian Tribal Governments
All waters on the southwest portion of
the Ashley River encompassed within
the following points: Beginning at
latitude 32°46′40″ N, longitude
79°57′27″ W; thence continuing northnortheasterly to latitude 32°46′44″ N,
longitude 79°57′25″ W; thence
continuing southeasterly to latitude
32°46′40″ N, longitude 79°57′22″ W;
thence continuing southeasterly to
latitude 32°46′27″ N, longitude
79°57′03″ W; thence continuing westsouthwesterly to latitude 32°46′25″ N,
longitude 79°57′09″ W; thence
continuing northwesterly to the
beginning point at latitude 32°46′40″ N,
longitude 79°57′27″ W. All coordinates
are North American Datum 1983.
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.
rmajette on DSK3VPTVN1PROD with RULES
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 made a determination that this
action is one of a category of actions that
do not individually or cumulatively
have a significant effect on the human
environment. An environmental
VerDate Sep<11>2014
13:53 Oct 17, 2014
Jkt 235001
Temporary final rule.
The Coast Guard is
establishing a temporary security zone
on Lake Michigan in the vicinity of both
Milwaukee Harbor in Milwaukee, WI
and Chicago Harbor in Chicago, IL
within a 500-yard radius of the Cruise
Ship HAMBURG. This security zone is
intended to restrict vessels from a
portion of Lake Michigan during the
transit of the Cruise Ship HAMBURG to
and from Milwaukee, WI and Chicago,
IL. This security zone is necessary to
protect the Cruise Ship HAMBURG and
its occupants during its transit to and
from Milwaukee, WI, and Chicago, IL.
DATES: This rule is effective without
actual notice from October 20, 2014
until October 31, 2014 at 12:01 a.m. For
the purposes of enforcement, actual
notice will be used from the date the
rule was signed, October 1, 2014, until
October 20, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2014–0916. To view documents
mentioned in this preamble as being
available in the docket, go to https://
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 MST1 Joseph McCollum, U.S.
Coast Guard Sector Lake Michigan, at
(414) 414–7148 or Joseph.P.McCollum@
uscg.mil. If you have questions on
viewing the docket, call Cheryl Collins,
Program Manager, Docket Operations,
telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
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.
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.
ACTION:
Authority: 33 U.S.C. 471, 1221 through
1236, 2071; 33 CFR 1.05–1; Department of
Homeland Security Delegation No. 0170.1.
■
2. Revise § 110.72d to read as follows:
§ 110.72d
Ashley River, SC.
Dated: September 11, 2014.
J.H. Korn,
Rear Admiral, U.S. Coast Guard, Commander,
Coast Guard Seventh District.
Coast Guard
33 CFR Part 165
[Docket No. USCG–2014–0916]
RIN 1625–AA87
Security Zone; Cruise Ship HAMBURG,
Lake Michigan, Milwaukee, WI and
Chicago, IL
AGENCY:
PO 00000
Coast Guard, DHS.
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Fmt 4700
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SUMMARY:
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
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]]>Agencies
[Federal Register Volume 79, Number 202 (Monday, October 20, 2014)]
[Rules and Regulations]
[Pages 62568-62570]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24910]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket Number USCG-2013-0819]
RIN 1625-AA01
Anchorage; Ashley River Anchorage, Ashley River, Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is modifying the special anchorage area
located on the Ashley River, in Charleston, SC. This change is
necessary to accommodate the expansion of the Charleston City Marina
and to meet special anchorage area requirements. This change will
ensure that there is sufficient space to accommodate vessels desiring
to anchor in the area, while allowing a sufficient buffer between the
federal channel and special anchorage.
DATES: This rule is effective November 19, 2014.
[[Page 62569]]
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0819. To view documents mentioned in this preamble as being
available in the docket, go to https://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 Chief Warrant Officer Christopher Ruleman, Sector
Charleston Waterways Management, U.S. Coast Guard; telephone (843) 740-
3184, email christopher.l.ruleman@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
On May 7, 2014, we published a notice of proposed rulemaking (NPRM)
entitled Anchorage; Ashley River Anchorage, Ashley River, Charleston,
SC, in the Federal Register (79 FR 26195). We received no comments on
the proposed rule. No public meeting was requested, and none was held.
B. Basis and Purpose
The legal basis for this rule is: 33 U.S.C. 471, 1221 through 1236,
2071; 33 CFR 1.05-1; and Department of Homeland Security Delegation No.
0170.1, which collectively authorize the Coast Guard to define
anchorage grounds.
The purpose of this rule is to relocate and reestablish the Ashley
River Anchorage to accommodate the approved expansion plans of the
Charleston City Marina. The City Marina Company received a permit for
the expansion of their marina in August 2012. The expansion will force
the relocation of the centerline of the federal channel in the vicinity
of the marina. The new channel will impede on the current special
anchorage area. Consistent with requirements in 33 CFR 109.10, the
special anchorage area must be modified to prevent potential
navigational hazards caused by the proximity of vessels transiting the
channel to vessels anchored in the special anchorage area. This rule
maintains the current size of the anchorage, ensuring no reduction in
space for vessels needing to anchor.
C. Discussion of Comments, Changes and the Final Rule
The Coast Guard did not receive any comments to the proposed rule,
and no changes were made to the regulatory text.
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. The impacts on routine
navigation are expected to be minimal because the anchorage area will
not unnecessarily restrict traffic as it is located outside of the
established navigation channel. Vessels will be able to maneuver in,
around, and through the anchorage. The anchorage maintains the same
amount of anchorage area as the existing anchorage and associated
special conditions ensure that navigational concerns are addressed.
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.
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 does 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
section 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 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
[[Page 62570]]
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 made a
determination that this action is one of a category of actions that do
not individually or cumulatively have a significant effect on the human
environment. An environmental analysis checklist supporting this
determination is available in the docket where indicated under
ADDRESSES. This rule involves changing the location and size of a
anchorage area as described in figure 2-1, paragraph (34)(f), of the
Commandant Instruction. 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 110
Anchorage grounds.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 110 as follows:
PART 110--ANCHORAGE REGULATIONS
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1. The authority citation for part 110 continues to read as follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2071; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 0170.1.
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2. Revise Sec. 110.72d to read as follows:
Sec. 110.72d Ashley River, SC.
All waters on the southwest portion of the Ashley River encompassed
within the following points: Beginning at latitude 32[deg]46'40'' N,
longitude 79[deg]57'27'' W; thence continuing north-northeasterly to
latitude 32[deg]46'44'' N, longitude 79[deg]57'25'' W; thence
continuing southeasterly to latitude 32[deg]46'40'' N, longitude
79[deg]57'22'' W; thence continuing southeasterly to latitude
32[deg]46'27'' N, longitude 79[deg]57'03'' W; thence continuing west-
southwesterly to latitude 32[deg]46'25'' N, longitude 79[deg]57'09'' W;
thence continuing northwesterly to the beginning point at latitude
32[deg]46'40'' N, longitude 79[deg]57'27'' W. All coordinates are North
American Datum 1983.
Dated: September 11, 2014.
J.H. Korn,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh
District.
[FR Doc. 2014-24910 Filed 10-17-14; 8:45 am]
BILLING CODE 9110-04-P
