Safety Zone: Eastport Breakwater Terminal, Eastport, Maine, 1344-1346 [2015-00184]

Download as PDF 1344 Federal Register / Vol. 80, No. 6 / Friday, January 9, 2015 / Rules and Regulations Guard, Coast Guard Auxiliary, or local, state, and federal law enforcement vessels who have been authorized to act on the behalf of the Captain of the Port. (d) Regulations. (1) Under the general regulations in 33 CFR part 165, subpart C, entry into, transit through or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port of San Diego or his designated representative. (2) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or his designated representative. (3) Upon being hailed by U.S. Coast Guard or designated patrol personnel by siren, radio, flashing light or other means, the operator of a vessel shall proceed as directed. (4) The Coast Guard may be assisted by other Federal, state, or local agencies in patrol and notification of the regulation. Dated: December 15, 2014. J.A. Janszen, Commander, U.S. Coast Guard, Acting, Captain of the Port San Diego. [FR Doc. 2015–00176 Filed 1–8–15; 8:45 am] December 12, 2014, until January 9, 2015. Documents indicated in this preamble as being available in the docket are part of docket USCG–2014– 1037 and are available online by going to http://www.regulations.gov, inserting USCG–2014–1037 in the ’’Keyword’’ box, and then clicking ‘‘Search’’. They are also available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 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 temporary rule, call or email LT David Bourbeau at Sector Northern New England; telephone (207) 347–5015, email David.T.Bourbeau@uscg.mil. If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: ADDRESSES: BILLING CODE 9110–04–P Table of Acronyms DEPARTMENT OF HOMELAND SECURITY CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register U.S.C. United States Code USCG United States Coast Guard COTP Captain of the Port Coast Guard 33 CFR Part 165 A. Regulatory Information and Information [USCG–2014–1037] 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 publishing an NPRM would be impracticable and contrary to the public interest. Because of the emergency nature of the incident that created the need for this safety zone, there is insufficient time for the Coast Guard to seek public comments. Publishing an NPRM and delaying the effective date of this rule to await public comments would inhibit the Coast Guard’s ability to fulfill its statutory missions to protect ports, waterways, and the maritime public. RIN 1625–AA00 Safety Zone: Eastport Breakwater Terminal, Eastport, Maine Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on the navigable waters around the Eastport Breakwater Terminal in Eastport, Maine. This safety zone is intended to restrict vessels from approaching within 100 yards of the eastern face of the Eastport Breakwater Terminal without authorization from the Captain of the Port (COTP), Sector Northern New England. This action is necessary due to the uncertainty regarding the breakwater’s strength following a partial collapse of the structure on December 4, 2014. DATES: This rule is effective without actual notice from January 9, 2015 until January 30, 2017. For the purposes of enforcement, actual notice will be used from the date the rule was signed, rljohnson on DSK3VPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 14:52 Jan 08, 2015 Jkt 235001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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 for the reasons discussed above. For the same reasons discussed in the preceding paragraph, the Coast Guard finds that waiting 30 days to make this rule effective would be impracticable and contrary to the public interest. B. Basis and Purpose The legal basis for the temporary rule is 33 U.S.C. 1226, 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Public Law 107–295, 116 Stat. 2064; and Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to define safety zones. On December 4, 2014, the southwest portion of the Eastport Breakwater Terminal collapsed into the protected harbor shoreward of the Breakwater in Eastport, Maine. The catastrophic collapse resulted in several vessels being damaged or destroyed, and left the remaining breakwater structure at risk of further collapse. This safety zone is being established based on the analysis of an independent engineering firm that determined the remaining portion of the breakwater does not have the required lateral strength, nor is it designed to hold the weight of the current forces thrust upon it. The remaining portion of the breakwater could collapse without warning. The COTP has determined that a safety zone is necessary to protect the public from the safety hazards created by this emergency. C. Discussion of Rule For the reasons discussed above, the COTP is establishing a temporary safety zone in Eastport Harbor, ME. The safety zone will be bound inside an area within 4 points along the breakwater at 44°54′26″ N, 066°59′00″ W, 44°54′25″ N, 066°58′54″ W, 44°54′19″ N, 066°58′55″ W, 44°54′19″ N, 066°59′01″ W. No vessel may enter, transit, moor, or anchor within this safety zone during the period of enforcement unless authorized by the COTP or designated representative. The COTP will cause public notifications to be made by all appropriate means including but not limited to Broadcast Notice to Mariners. 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. E:\FR\FM\09JAR1.SGM 09JAR1 Federal Register / Vol. 80, No. 6 / Friday, January 9, 2015 / Rules and Regulations 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 Coast Guard determined that this rule is not a significant regulatory action for the following reasons: The safety zone will be relatively short in duration and it covers only a small portion of the navigable waterways. Furthermore, vessels may transit the navigable waterway outside of the safety zone. Moreover, vessels desiring entry into the safety zone may be authorized to do so by the COTP or designated representative. Advanced public notifications will also be made to the local maritime community by Broadcast Notice to Mariners. rljohnson on DSK3VPTVN1PROD 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 persons. 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 may affect the following entities, some of which may be small entities: the owners and operators of vessels intending to transit in the vicinity of the Eastport Breakwater. This temporary safety zone will not have a significant economic impact on a substantial number of small entities for all of the reasons discussed in the Regulatory Planning and Review section above. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. VerDate Sep<11>2014 14:52 Jan 08, 2015 Jkt 235001 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 will 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 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 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 1345 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 From Environmental Health Risks From Environmental Health Risks 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 E:\FR\FM\09JAR1.SGM 09JAR1 1346 Federal Register / Vol. 80, No. 6 / Friday, January 9, 2015 / Rules and Regulations (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 establishment of a safety zone and thus, is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. Under figure 2–1, paragraph (34)(g), of the Instruction, an environmental analysis checklist supporting this determination and a Categorical Exclusion Determination will be 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: movement within this zone is prohibited unless authorized by the Captain of the Port or his designated representatives. (3) The ‘‘designated representative’’ is any Coast Guard commissioned, warrant, or petty officer who has been designated by the Captain of the Port to act on his behalf. The designated representative may be on board a Coast Guard vessel, or on board a federal, state, or local agency vessel that is authorized to act in support of the Coast Guard. (4) Upon being hailed by a U.S. Coast Guard vessel or his designated representatives by siren, radio, flashing light or other means, the operator of the vessel shall proceed as directed. (5) Vessel operators desiring to enter or operate within this safety zone shall contact the Captain of the Port or his designated representatives via VHF channel 16 to obtain permission to do so. Dated: December 12, 2014. B. S. Gilda, Captain, U.S. Coast Guard, Captain of the Port, Northern New England. PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: [FR Doc. 2015–00184 Filed 1–8–15; 8:45 am] BILLING CODE 9110–04–P ■ DEPARTMENT OF COMMERCE 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, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. United States Patent and Trademark Office 2. Add § 165.T01–1037 to read as follows: [Docket No.: PTO–P–2014–0023] § 165.T01–1037 Safety Zone: Eastport Breakwater Terminal, Eastport, Maine. Changes to Patent Term Adjustment in View of the Federal Circuit Decision in Novartis v. Lee rljohnson on DSK3VPTVN1PROD with RULES ■ RIN 0651–AC96 (a) Location. The following area is a safety zone: All navigable waters, from surface to bottom, within the following position(s) 44°54′26″ N, 066°59′00″ W, 44°54′25″ N, 066°58′54″ W, 44°54′19″ N, 066°58′55″ W, 44°54′19″ N, 066°59′01″ W, (NAD). Friar Roads, Eastport, Maine. All positions are approximate. (b) Enforcement period. This rule will be enforced from 3:00 p.m. on December 11, 2014 to 11:59 p.m. January 30, 2017. (c) Notification. Coast Guard Sector Northern New England will give actual notice to mariners for the purpose of enforcement of this temporary safety zone. Also, Sector Northern New England will notify the public to the greatest extent possible of any period in which the Coast Guard will suspend enforcement of this safety zone. (d) Regulations. (1) The general regulations contained in § 165.23 apply. (2) In accordance with the general regulations in § 165.23, entry into or VerDate Sep<11>2014 14:52 Jan 08, 2015 Jkt 235001 37 CFR Part 1 United States Patent and Trademark Office, Commerce. ACTION: Final rule. AGENCY: The United States Patent and Trademark Office (Office) is revising the rules of practice pertaining to patent term adjustment in view of the decision by the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) in Novartis AG v. Lee. The Federal Circuit confirmed in Novartis that any time consumed by continued examination is subtracted in determining the extent to which the period of application pendency exceeds three years, regardless of when the continued examination was initiated. The Federal Circuit, however, decided that the time consumed by continued examination does not include the time after a notice of allowance, unless the Office actually SUMMARY: PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 resumes examination of the application after allowance. Accordingly, the Office is revising the rules of practice to provide that the time consumed by continued examination does not include the time after a notice of allowance, unless the applicant files a request for continued examination after such allowance. The Office also is revising the rules of practice to provide that the submission of a request for continued examination after any notice of allowance has been mailed will constitute a failure of an applicant to engage in reasonable efforts to conclude processing or examination of an application and thus result in a reduction of any period of patent term adjustment. The Office is providing an exception to this patent term adjustment reduction provision for a request for continued examination filed solely to submit information cited in a patent office communication in a counterpart application that is submitted to the Office within thirty days of receipt of the patent office communication. Additionally, the Office is clarifying what papers may be submitted after a notice of allowance without the applicant being considered to have failed to engage in reasonable efforts to conclude processing or examination of the application. Effective date: The changes to 37 CFR 1.703 in this final rule are effective on January 9, 2015, and the changes to 37 CFR 1.704 in this final rule are effective on March 10, 2015. Applicability date: The changes to 37 CFR 1.703 in this final rule apply to any patent granted before, on, or after January 9, 2015. 37 CFR 1.704 as adopted in this final rule applies to all original applications (other than for a design patent) filed on or after May 29, 2000, and to patents issued on such applications, except that 37 CFR 1.704(c)(12) as adopted in this final rule applies only to applications in which a request for continued examination under 35 U.S.C. 132(b) and 37 CFR 1.114 is filed on or after March 10, 2015, and 37 CFR 1.704(c)(13) as adopted in this final rule applies only to patent applications filed under 35 U.S.C. 111 on or after December 18, 2013, and international patent applications in which the national stage commenced under 35 U.S.C. 371 on or after December 18, 2013. DATES: Kery Fries, Senior Legal Advisor, Office of Patent Legal Administration, Office of the Deputy Commissioner for Patent Examination Policy, at telephone number 571–272–7757. FOR FURTHER INFORMATION CONTACT: E:\FR\FM\09JAR1.SGM 09JAR1

Agencies

[Federal Register Volume 80, Number 6 (Friday, January 9, 2015)]
[Rules and Regulations]
[Pages 1344-1346]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-00184]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2014-1037]
RIN 1625-AA00


Safety Zone: Eastport Breakwater Terminal, Eastport, Maine

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters around the Eastport Breakwater Terminal in Eastport, 
Maine. This safety zone is intended to restrict vessels from 
approaching within 100 yards of the eastern face of the Eastport 
Breakwater Terminal without authorization from the Captain of the Port 
(COTP), Sector Northern New England. This action is necessary due to 
the uncertainty regarding the breakwater's strength following a partial 
collapse of the structure on December 4, 2014.

DATES: This rule is effective without actual notice from January 9, 
2015 until January 30, 2017. For the purposes of enforcement, actual 
notice will be used from the date the rule was signed, December 12, 
2014, until January 9, 2015.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2014-1037 and are available online 
by going to http://www.regulations.gov, inserting USCG-2014-1037 in the 
''Keyword'' box, and then clicking ``Search''. They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 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 
temporary rule, call or email LT David Bourbeau at Sector Northern New 
England; telephone (207) 347-5015, email David.T.Bourbeau@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

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
U.S.C. United States Code
USCG United States Coast Guard
COTP Captain of the Port

A. Regulatory Information 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 publishing an NPRM would be 
impracticable and contrary to the public interest. Because of the 
emergency nature of the incident that created the need for this safety 
zone, there is insufficient time for the Coast Guard to seek public 
comments. Publishing an NPRM and delaying the effective date of this 
rule to await public comments would inhibit the Coast Guard's ability 
to fulfill its statutory missions to protect ports, waterways, and the 
maritime public.
    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 for the reasons discussed above. 
For the same reasons discussed in the preceding paragraph, the Coast 
Guard finds that waiting 30 days to make this rule effective would be 
impracticable and contrary to the public interest.

B. Basis and Purpose

    The legal basis for the temporary rule is 33 U.S.C. 1226, 1231, 46 
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Public Law 107-295, 
116 Stat. 2064; and Department of Homeland Security Delegation No. 
0170.1, which collectively authorize the Coast Guard to define safety 
zones.
    On December 4, 2014, the southwest portion of the Eastport 
Breakwater Terminal collapsed into the protected harbor shoreward of 
the Breakwater in Eastport, Maine. The catastrophic collapse resulted 
in several vessels being damaged or destroyed, and left the remaining 
breakwater structure at risk of further collapse. This safety zone is 
being established based on the analysis of an independent engineering 
firm that determined the remaining portion of the breakwater does not 
have the required lateral strength, nor is it designed to hold the 
weight of the current forces thrust upon it. The remaining portion of 
the breakwater could collapse without warning. The COTP has determined 
that a safety zone is necessary to protect the public from the safety 
hazards created by this emergency.

C. Discussion of Rule

    For the reasons discussed above, the COTP is establishing a 
temporary safety zone in Eastport Harbor, ME. The safety zone will be 
bound inside an area within 4 points along the breakwater at 
44[deg]54'26'' N, 066[deg]59'00'' W, 44[deg]54'25'' N, 066[deg]58'54'' 
W, 44[deg]54'19'' N, 066[deg]58'55'' W, 44[deg]54'19'' N, 
066[deg]59'01'' W. No vessel may enter, transit, moor, or anchor within 
this safety zone during the period of enforcement unless authorized by 
the COTP or designated representative.
    The COTP will cause public notifications to be made by all 
appropriate means including but not limited to Broadcast Notice to 
Mariners.

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.

[[Page 1345]]

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 Coast Guard determined that this rule is not a significant 
regulatory action for the following reasons: The safety zone will be 
relatively short in duration and it covers only a small portion of the 
navigable waterways. Furthermore, vessels may transit the navigable 
waterway outside of the safety zone. Moreover, vessels desiring entry 
into the safety zone may be authorized to do so by the COTP or 
designated representative. Advanced public notifications will also be 
made to the local maritime community by Broadcast Notice to Mariners.

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 persons.
    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 may affect the following entities, some of which 
may be small entities: the owners and operators of vessels intending to 
transit in the vicinity of the Eastport Breakwater. This temporary 
safety zone will not have a significant economic impact on a 
substantial number of small entities for all of the reasons discussed 
in the Regulatory Planning and Review section above.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 will 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 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 From Environmental Health Risks From 
Environmental Health Risks

    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

[[Page 1346]]

(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 
establishment of a safety zone and thus, is categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. Under figure 2-1, paragraph (34)(g), of the Instruction, 
an environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination will be 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

0
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, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.T01-1037 to read as follows:


Sec.  165.T01-1037  Safety Zone: Eastport Breakwater Terminal, 
Eastport, Maine.

    (a) Location. The following area is a safety zone: All navigable 
waters, from surface to bottom, within the following position(s) 
44[deg]54'26'' N, 066[deg]59'00'' W, 44[deg]54'25'' N, 066[deg]58'54'' 
W, 44[deg]54'19'' N, 066[deg]58'55'' W, 44[deg]54'19'' N, 
066[deg]59'01'' W, (NAD). Friar Roads, Eastport, Maine. All positions 
are approximate.
    (b) Enforcement period. This rule will be enforced from 3:00 p.m. 
on December 11, 2014 to 11:59 p.m. January 30, 2017.
    (c) Notification. Coast Guard Sector Northern New England will give 
actual notice to mariners for the purpose of enforcement of this 
temporary safety zone. Also, Sector Northern New England will notify 
the public to the greatest extent possible of any period in which the 
Coast Guard will suspend enforcement of this safety zone.
    (d) Regulations. (1) The general regulations contained in Sec.  
165.23 apply.
    (2) In accordance with the general regulations in Sec.  165.23, 
entry into or movement within this zone is prohibited unless authorized 
by the Captain of the Port or his designated representatives.
    (3) The ``designated representative'' is any Coast Guard 
commissioned, warrant, or petty officer who has been designated by the 
Captain of the Port to act on his behalf. The designated representative 
may be on board a Coast Guard vessel, or on board a federal, state, or 
local agency vessel that is authorized to act in support of the Coast 
Guard.
    (4) Upon being hailed by a U.S. Coast Guard vessel or his 
designated representatives by siren, radio, flashing light or other 
means, the operator of the vessel shall proceed as directed.
    (5) Vessel operators desiring to enter or operate within this 
safety zone shall contact the Captain of the Port or his designated 
representatives via VHF channel 16 to obtain permission to do so.

    Dated: December 12, 2014.
B. S. Gilda,
Captain, U.S. Coast Guard, Captain of the Port, Northern New England.
[FR Doc. 2015-00184 Filed 1-8-15; 8:45 am]
BILLING CODE 9110-04-P