Safety Zone: Eastport Breakwater Terminal, Eastport, Maine, 1344-1346 [2015-00184]
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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 https://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,
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SUMMARY:
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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.
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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.
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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
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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
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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
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■
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
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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:
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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:
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]]>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 https://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
