Safety Zone; Ordinance Removal; Saipan Harbor, CNMI, 63315-63317 [2014-25273]
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Federal Register / Vol. 79, No. 205 / Thursday, October 23, 2014 / Rules and Regulations
The bridge will be able to open for
emergencies and there is no immediate
alternate route for vessels to pass. The
Coast Guard will also inform the users
of the waterways through our Local and
Broadcast Notices to Mariners of the
change in operating schedule for the
bridge so that vessels can arrange their
transits to minimize any impact caused
by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridges must return to its
regular operating schedule immediately
at the end of the designated time period.
This deviation from the operating
regulations is authorized under 33 CFR
117.35.
Dated: October 10, 2014.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2014–25271 Filed 10–22–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2014–0849]
RIN 1625–AA00
Safety Zone; Ordinance Removal;
Saipan Harbor, CNMI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone in support of
World War II ordinance disposal found
southeast of Buoy 3 in Saipan Harbor.
This safety zone will encompass a 140
yard radius centered around a blue and
white buoy, located at approximately 15
degrees 13.370 minutes North Latitude,
145 degrees 42.256 minutes East
Longitude, southeast of Buoy 3 in
Saipan Harbor. (NAD 1983)
DATES: This rule is effective without
actual notice from October 23, 2014
until December 18, 2014. For the
purposes of enforcement, actual notice
will be used from September 19, 2014,
until October 23, 2014.
ADDRESSES: Documents indicated in this
preamble are part of docket USCG–
2014–0849. 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
wreier-aviles on DSK5TPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
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Jkt 235001
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. (EST), Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call Chief Kristina Gauthier, U.S.
Coast Guard Sector Guam at (671) 355–
4866. If you have any questions on
viewing or submitting material to the
docket, call Cheryl Collins Program
Manager, Docket Operations, at (202)
366–9826 or 1–800–647–5527.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port
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 doing
so would be impracticable. The Coast
Guard received notice of the ordinance
on September 10, 2014. Due to the
emergent nature of this incident, the
Coast Guard did not have time to issue
a notice of proposed rulemaking. The
ordinance was discovered during
operations related to the grounded M/V
PAUL RUSS which was covered under
the temporary final rule USCG–2013–
0203.
Under 5 U.S.C. 553(d)(3), for the same
reason mentioned above, the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Due to the late notice and
inherent danger in removal of
ordinance, and a grounded vessel,
delaying the effective period of this
safety zone would be contrary to the
public interest.
B. Basis and Purpose
The legal basis for this rule is the
Coast Guard’s authority to establish
regulated navigation areas and other
limited access areas: 33 U.S.C. 1231; 33
CFR 1.05–1, 6.04–6, 160.5; and
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
63315
Department of Homeland Security
Delegation No. 0170.1.
A safety zone is a water area, shore
area, or water and shore area, for which
access is limited to authorized person,
vehicles, or vessels for safety or
environmental purposes. The purpose of
this rulemaking is to protect mariners
from the potential hazards associated
with salvage operations. Approaching
too close to such operations could
potentially expose the mariner to
hazardous conditions.
C. Discussion of Rule
In order to protect the public from the
hazards associated with the ordinance
and subsequent removal operations, the
Coast Guard is establishing a temporary
safety zone, effective from September
19, 2014 until December 18, 2014. The
enforcement period for this rule is from
September 19, 2014 until December 18,
2014.
The safety zone is located within the
Guam COTP Zone (See 33 CFR 3.70–15),
and will cover all waters bounded by a
circle with a 140-yard radius centered
around the ordinance, located at
approximately 15 degrees 13.370 North
Latitude, 145 degrees 42.256 minutes
East Longitude, from the surface of the
water to the ocean floor.
The general regulations governing
safety zones contained in 33 CFR 165.23
apply. Entry into, transit through or
anchoring within this zone is prohibited
unless authorized by the COTP or a
designated representative thereof. Any
Coast Guard commissioned, warrant, or
petty officer, and any other COTP
representative permitted by law, may
enforce the zone. The COTP may waive
any of the requirements of this rule for
any person, vessel, or class of vessel
upon finding that application of the
safety zone is unnecessary or
impractical for the purpose of maritime
safety. Vessels or persons violating this
rule may be subject to the penalties set
forth in 33 U.S.C. 1232 and/or 50 U.S.C.
192.
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
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63316
Federal Register / Vol. 79, No. 205 / Thursday, October 23, 2014 / Rules and Regulations
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 Coast Guard expects the
economic impact of this rule to be
extremely minimal based on the limited
geographic area affected by it.
wreier-aviles on DSK5TPTVN1PROD with RULES
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 safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons. Traffic will be
allowed to pass through the zone with
the permission of the Coast Guard Patrol
Commander 671–355–4821. During the
effective period, we will issue maritime
advisories widely available to users of
the Saipan shipping channel and
surrounding waters.
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.
VerDate Sep<11>2014
15:42 Oct 22, 2014
Jkt 235001
4. Collection of Information
11. Indian Tribal Governments
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
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.
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it 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 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
Frm 00024
Fmt 4700
Sfmt 4700
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 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
closed area of the Saipan Harbor, to
vessel traffic and water sports above and
below the water, until further notice.
This rule is categorically excluded,
under figure 2–1, paragraph (34)(g), of
the Instruction.
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:
■
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.
PO 00000
12. Energy Effects
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.T14–0849 to read as
follows:
■
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23OCR1
Federal Register / Vol. 79, No. 205 / Thursday, October 23, 2014 / Rules and Regulations
§ 165.T14–0849 Safety Zone; Ordinance
Removal, Saipan Harbor, CNMI.
(a) Location. The following area,
within the Guam Captain of the Port
(COTP) Zone (See 33 CFR 3.70–15),
from the surface of the water to the
ocean floor, is a safety zone: All waters
bounded by a circle with a 140-yard
radius, centered around the World War
II era ordinance, located at
approximately 15 degrees 13.370
minutes North Latitude, 145 degrees
42.256 minutes East Longitude,
southeast of Buoy 3 in Saipan Harbor
(NAD 1983).
(b) Effective period. This rule is
effective from September 19, 2014 until
December 18, 2014.
(c) Enforcement period. This safety
zone will be enforced from September
19, 2014 until December 18, 2014.
(d) Regulations. The general
regulations governing safety zones
contained in § 165.23 apply. Entry into,
transit through or within this zone is
prohibited unless authorized by the
COTP or a designated representative
thereof.
(e) Enforcement. Any Coast Guard
commissioned, warrant, or petty officer,
and any other COTP representative
permitted by law, may enforce this
temporary safety zone.
(f) Waiver. The COTP may waive any
of the requirements of this rule for any
person, vessel, or class of vessel upon
finding that application of the safety
zone is unnecessary or impractical for
the purpose of maritime security.
(g) Penalties. Vessels or persons
violating this rule are subject to the
penalties set forth in 33 U.S.C. 1232 and
50 U.S.C. 192.
Dated: September 19, 2014.
B.J. Kettner,
Commander, U. S. Coast Guard, Captain of
the Port Guam, Acting.
[FR Doc. 2014–25273 Filed 10–22–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Part 685
RIN 1840–AD17
[Docket ID ED–2014–OPE–0082]
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William D. Ford Federal Direct Loan
Program
Office of Postsecondary
Education, Department of Education.
ACTION: Final regulations.
AGENCY:
The Secretary amends the
regulations governing the William D.
Ford Federal Direct Loan (Direct Loan)
Program. These regulations strengthen
SUMMARY:
VerDate Sep<11>2014
15:42 Oct 22, 2014
Jkt 235001
and improve administration of the
Federal Direct PLUS Loan Program
authorized under title IV of the Higher
Education Act of 1965, as amended
(HEA).
DATES: These regulations are effective
July 1, 2015. Implementation date: For
the implementation date, see the
Implementation Date of These
Regulations section of this document.
FOR FURTHER INFORMATION CONTACT:
Brian Smith, U.S. Department of
Education, 1990 K Street NW., Room
8082, Washington, DC 20006.
Telephone (202) 502–7551 or by email:
Brian.Smith@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION:
Executive Summary: Purpose of This
Regulatory Action: We are amending
§ 685.200 of title 34 of the Code of
Federal Regulations (CFR) to update the
standard for determining if a potential
parent or student borrower has an
adverse credit history for purposes of
eligibility for a Direct PLUS Loan (PLUS
loan). Specifically, the final regulations
will revise the definition of ‘‘adverse
credit history’’ and require that parents
and students who have an adverse
credit history but who are approved for
a PLUS loan on the basis that
extenuating circumstances exist or who
obtain an endorser for the PLUS loan
must receive loan counseling before
receiving the loan. The current
regulations governing adverse credit
history determinations have not been
updated since the Direct Loan Program
was established in 1994. The final
regulations will reflect programmatic
and economic changes that have
occurred since 1994.
Summary of the Major Provisions of
This Regulatory Action: These final
regulations will—
• Revise the student PLUS loan
borrower eligibility criteria to state more
clearly that the PLUS loan adverse
credit history requirements apply to
student, as well as parent, PLUS loan
borrowers.
• Add definitions of the terms
‘‘charged off’’ and ‘‘in collection’’ for
purposes of determining whether an
applicant for a PLUS loan has an
adverse credit history.
• Specify that a PLUS loan applicant
has an adverse credit history if the
applicant has one or more debts with a
total combined outstanding balance
greater than $2,085 that are 90 or more
days delinquent as of the date of the
credit report, or that have been placed
PO 00000
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Fmt 4700
Sfmt 4700
63317
in collection or charged off during the
two years preceding the date of the
credit report.
• Provide that the combined
outstanding balance threshold of $2,085
will be increased over time based on the
rate of inflation, as measured by the
Consumer Price Index for All Urban
Consumers (CPI–U).
• Revise the provision that specifies
the types of documentation the
Secretary may accept as a basis for
determining that extenuating
circumstances exist for a PLUS loan
applicant who is determined to have an
adverse credit history.
• Specify that an applicant for a
PLUS loan who is determined to have
an adverse credit history, but who
obtains an endorser, must complete
PLUS loan counseling offered by the
Secretary before receiving a PLUS loan.
• Specify that an applicant for a
PLUS loan who is determined to have
an adverse credit history, but who
documents to the Secretary’s
satisfaction that extenuating
circumstances exist, must complete
PLUS loan counseling offered by the
Secretary before receiving the PLUS
loan.
Costs and Benefits: As further detailed
in the Regulatory Impact Analysis
section of this document, the final
regulations will affect applicants for
parent and student PLUS loans by
modifying the standard for a
determination of an adverse credit
history. In particular, a student or
parent will be considered to have an
adverse credit history if the student or
parent has one or more debts with a
combined outstanding balance greater
than $2,085 that are 90 or more days
delinquent as of the date of the credit
report, or that have been placed in
collection or charged off during the two
years preceding the date of the credit
report.
The final regulations will also require
that an applicant for a PLUS loan who
is determined to have an adverse credit
history but who documents to the
satisfaction of the Secretary that
extenuating circumstances exist or who
obtains an endorser must complete
PLUS loan counseling offered by the
Secretary prior to receiving the loan.
In November 2011, the Department
modified its procedures relating to
adverse credit history determinations to
be consistent with the regulations. This
modification resulted in an increase in
the number of PLUS loan applicants
who were determined to have an
adverse credit history. The Department
expects that the final regulations will
increase the number of PLUS loan
applicants who pass the adverse credit
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]]>Agencies
[Federal Register Volume 79, Number 205 (Thursday, October 23, 2014)]
[Rules and Regulations]
[Pages 63315-63317]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25273]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2014-0849]
RIN 1625-AA00
Safety Zone; Ordinance Removal; Saipan Harbor, CNMI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone in support of
World War II ordinance disposal found southeast of Buoy 3 in Saipan
Harbor. This safety zone will encompass a 140 yard radius centered
around a blue and white buoy, located at approximately 15 degrees
13.370 minutes North Latitude, 145 degrees 42.256 minutes East
Longitude, southeast of Buoy 3 in Saipan Harbor. (NAD 1983)
DATES: This rule is effective without actual notice from October 23,
2014 until December 18, 2014. For the purposes of enforcement, actual
notice will be used from September 19, 2014, until October 23, 2014.
ADDRESSES: Documents indicated in this preamble are part of docket
USCG-2014-0849. 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.
(EST), Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Chief Kristina Gauthier, U.S. Coast Guard Sector
Guam at (671) 355-4866. If you have any questions on viewing or
submitting material to the docket, call Cheryl Collins Program Manager,
Docket Operations, at (202) 366-9826 or 1-800-647-5527.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port
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 doing so would be impracticable. The
Coast Guard received notice of the ordinance on September 10, 2014. Due
to the emergent nature of this incident, the Coast Guard did not have
time to issue a notice of proposed rulemaking. The ordinance was
discovered during operations related to the grounded M/V PAUL RUSS
which was covered under the temporary final rule USCG-2013-0203.
Under 5 U.S.C. 553(d)(3), for the same reason mentioned above, the
Coast Guard finds that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register. Due to the
late notice and inherent danger in removal of ordinance, and a grounded
vessel, delaying the effective period of this safety zone would be
contrary to the public interest.
B. Basis and Purpose
The legal basis for this rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 33 CFR 1.05-1, 6.04-6, 160.5; and Department of Homeland
Security Delegation No. 0170.1.
A safety zone is a water area, shore area, or water and shore area,
for which access is limited to authorized person, vehicles, or vessels
for safety or environmental purposes. The purpose of this rulemaking is
to protect mariners from the potential hazards associated with salvage
operations. Approaching too close to such operations could potentially
expose the mariner to hazardous conditions.
C. Discussion of Rule
In order to protect the public from the hazards associated with the
ordinance and subsequent removal operations, the Coast Guard is
establishing a temporary safety zone, effective from September 19, 2014
until December 18, 2014. The enforcement period for this rule is from
September 19, 2014 until December 18, 2014.
The safety zone is located within the Guam COTP Zone (See 33 CFR
3.70-15), and will cover all waters bounded by a circle with a 140-yard
radius centered around the ordinance, located at approximately 15
degrees 13.370 North Latitude, 145 degrees 42.256 minutes East
Longitude, from the surface of the water to the ocean floor.
The general regulations governing safety zones contained in 33 CFR
165.23 apply. Entry into, transit through or anchoring within this zone
is prohibited unless authorized by the COTP or a designated
representative thereof. Any Coast Guard commissioned, warrant, or petty
officer, and any other COTP representative permitted by law, may
enforce the zone. The COTP may waive any of the requirements of this
rule for any person, vessel, or class of vessel upon finding that
application of the safety zone is unnecessary or impractical for the
purpose of maritime safety. Vessels or persons violating this rule may
be subject to the penalties set forth in 33 U.S.C. 1232 and/or 50
U.S.C. 192.
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
[[Page 63316]]
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 Coast
Guard expects the economic impact of this rule to be extremely minimal
based on the limited geographic area affected by it.
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 safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. Traffic
will be allowed to pass through the zone with the permission of the
Coast Guard Patrol Commander 671-355-4821. During the effective period,
we will issue maritime advisories widely available to users of the
Saipan shipping channel and surrounding waters.
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 calls for no 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 State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it 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 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
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 closed area of the Saipan Harbor, to vessel traffic and
water sports above and below the water, until further notice. This rule
is categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction.
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
0
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.
0
2. Add Sec. 165.T14-0849 to read as follows:
[[Page 63317]]
Sec. 165.T14-0849 Safety Zone; Ordinance Removal, Saipan Harbor,
CNMI.
(a) Location. The following area, within the Guam Captain of the
Port (COTP) Zone (See 33 CFR 3.70-15), from the surface of the water to
the ocean floor, is a safety zone: All waters bounded by a circle with
a 140-yard radius, centered around the World War II era ordinance,
located at approximately 15 degrees 13.370 minutes North Latitude, 145
degrees 42.256 minutes East Longitude, southeast of Buoy 3 in Saipan
Harbor (NAD 1983).
(b) Effective period. This rule is effective from September 19,
2014 until December 18, 2014.
(c) Enforcement period. This safety zone will be enforced from
September 19, 2014 until December 18, 2014.
(d) Regulations. The general regulations governing safety zones
contained in Sec. 165.23 apply. Entry into, transit through or within
this zone is prohibited unless authorized by the COTP or a designated
representative thereof.
(e) Enforcement. Any Coast Guard commissioned, warrant, or petty
officer, and any other COTP representative permitted by law, may
enforce this temporary safety zone.
(f) Waiver. The COTP may waive any of the requirements of this rule
for any person, vessel, or class of vessel upon finding that
application of the safety zone is unnecessary or impractical for the
purpose of maritime security.
(g) Penalties. Vessels or persons violating this rule are subject
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
Dated: September 19, 2014.
B.J. Kettner,
Commander, U. S. Coast Guard, Captain of the Port Guam, Acting.
[FR Doc. 2014-25273 Filed 10-22-14; 8:45 am]
BILLING CODE 9110-04-P
