Safety Zone: Eastport Breakwater Terminal, Eastport, Maine, 12177-12180 [2017-03985]
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Federal Register / Vol. 82, No. 39 / Wednesday, March 1, 2017 / Rules and Regulations
Reporting and recordkeeping
requirements.
For the reasons set out above, 21 CFR
part 1308 is amended as follows:
PART 1308—SCHEDULES OF
CONTROLLED SUBSTANCES
1. The authority citation for 21 CFR
part 1308 continues to read as follows:
■
(59)
(60)
(61)
(62)
(63)
(64)
(65)
(66)
(67)
(68)
*
2. In § 1308.11:
a. Add paragraphs (d)(59) through
(68);
■ b. Remove paragraphs (h)(1) through
(10);
■ c. Redesignate paragraphs (h)(11)
through (19) as (h)(1) through (9); and
■
■
d. Remove reserved paragraphs (h)(20)
through (22).
The additions read as follows:
■
§ 1308.11
*
Schedule I.
*
*
(d) * * *
*
*
4-methyl-N-ethylcathinone (4-MEC) ..........................................................................................................................................
4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP) ............................................................................................................
alpha-pyrrolidinopentiophenone (a-PVP) .................................................................................................................................
1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone, bk-MBDB) .........................................................................
2-(methylamino)-1-phenylpentan-1-one (pentedrone) ..............................................................................................................
1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone, bk-MBDP) .....................................................................
4-fluoro-N-methylcathinone (4-FMC; flephedrone) ..................................................................................................................
3-fluoro-N-methylcathinone (3-FMC) ........................................................................................................................................
1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl)pentan-1-one (naphyrone) ...........................................................................................
alpha-pyrrolidinobutiophenone (a-PBP) ...................................................................................................................................
*
*
*
*
Dated: February 22, 2017.
Chuck Rosenberg,
Acting Administrator.
[FR Doc. 2017–03974 Filed 2–28–17; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0055]
Drawbridge Operation Regulation;
Cape Fear River, Wilmington, NC
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Cape Fear
Memorial Bridge which carries US 17
across the Cape Fear River, mile 26.8, at
Wilmington, NC. The deviation is
necessary to facilitate routine biennial
maintenance and inspection of the lift
span for the bridge. This deviation
allows the bridge to remain in the
closed-to-navigation position.
DATES: This deviation is effective from
9 a.m. on March 7, 2017, through 4 p.m.
on March 17, 2017.
ADDRESSES: The docket for this
deviation, [USCG–2017–0055] is
available at 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 deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
SUMMARY:
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Authority: 21 U.S.C. 811, 812, 871(b),
unless otherwise noted.
12177
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deviation, call or email Mr. Mickey
Sanders, Bridge Administration Branch
Fifth District, Coast Guard; telephone
(757) 398–6587, email
Mickey.D.Sanders2@uscg.mil.
SUPPLEMENTARY INFORMATION: The North
Carolina Department of Transportation,
owner and operator of the Cape Fear
Memorial Bridge that carries US 17
across the Cape Fear River, mile 26.8, at
Wilmington, NC, has requested a
temporary deviation from the current
operating schedule to accommodate a
routine biennial maintenance and
inspection of the vertical lift span for
the drawbridge. The bridge has a
vertical clearance of 65 feet above mean
high water (MHW) in the closed
position and 135 feet above MHW in the
open position.
The current operating schedule is set
out in 33 CFR 117.822. Under this
temporary deviation, the bridge will be
maintained in the closed-to-navigation
position for two separate four (4) day
periods from 9 a.m. until 4 p.m. from
March 7, 2017, through March 10, 2017,
and from 9 a.m. until 4 p.m. from March
14, 2017, through March 17, 2017.
During the closure periods, the bridge
will open on signal if at least 3 hours
notice is given. The bridge will open on
signal at all other times.
The Cape Fear River is used by a
variety of vessels including small
commercial vessels, recreational vessels
and tug and barge traffic. The Coast
Guard has carefully considered the
nature and volume of vessel traffic on
the waterway in publishing this
temporary deviation.
Vessels able to pass through the
bridge in the closed position may do so
if at least 15 minutes notice is given.
The bridge will not be able to open for
emergencies and there is no immediate
alternate route for vessels unable to pass
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(7498)
(7545)
(7541)
(1246)
(7542)
(1238)
(1233)
(1258)
(7546)
through the bridge in the closed
position. The Coast Guard will also
inform the users of the waterways
through our Local and Broadcast Notice
to Mariners of the change in operating
schedule for the bridge so that vessel
operators can arrange their transits to
minimize any impact caused by this
temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of this effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: February 23, 2017.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2017–03987 Filed 2–28–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[USCG–2014–1037]
RIN 1625–AA00
Safety Zone: Eastport Breakwater
Terminal, Eastport, Maine
Coast Guard, DHS.
Temporary final rule; change in
effective period.
AGENCY:
ACTION:
The Coast Guard is extending
the effective period of a safety zone in
the vicinity of the Eastport Breakwater
Terminal, Eastport, Maine. This safety
zone was established on January 9, 2015
(80 FR 1344). This rule will extend the
SUMMARY:
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Federal Register / Vol. 82, No. 39 / Wednesday, March 1, 2017 / Rules and Regulations
effective period of the existing
temporary final rule from January 30,
2017 until October 1, 2017. This rule
will continue 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 safety zone
continues to be necessary due to the
ongoing repairs to the breakwater
following a partial collapse of the
structure on December 4, 2014.
DATES: This rule is effective without
actual notice from March 1, 2017 until
October 1, 2017. For the purposes of
enforcement, actual notice will be used
from the date the rule was signed,
January 17, 2017, until March 1, 2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2014–
1037 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email MSTC Chris Bains at Sector
Northern New England; telephone (207)
347–5003, email Chris.D.Bains@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
U.S.C. United States Code
USCG United States Coast Guard
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II. Background Information and
Regulatory History
On January 9, 2015 we published a
TFR entitled ‘‘Safety Zone: Eastport
Breakwater Terminal, Eastport, Maine’’
in the Federal Register (80 FR 1344).
The effective period for this rule was
from December 12, 2014 until on
January 30, 2017. The Coast Guard is
now extending the effective period of
the safety zone in the vicinity of the
Eastport Breakwater Terminal, Eastport,
Maine until October 1, 2017.
The Coast Guard is issuing this
temporary 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
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Guard is extending the effective period
of the safety zone in the vicinity of the
Eastport Breakwater Terminal to
October 1, 2017.
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
NPRM with respect to this rule because
publishing an NPRM would be
impracticable and contrary to the public
interest. The construction company was
late in requesting an extension of the
safety zone beyond the original
construction completion date of January
30, 2017. As a result, the delay inherent
in the NPRM process is contrary to the
public interest and impracticable, as
immediate action is needed to extend
this safety zone in order to protect ports,
waterways, and the maritime public.
We are issuing this rule, and 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.
IV. Discussion of Rule
For the reasons discussed above, the
COTP is extending the period of 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 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.
III. Legal Authority and Need for Rule
The legal basis for the temporary rule
is 33 U.S.C. 1231. 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 was established based on the
analysis of an independent engineering
firm that determined the remaining
portion of the breakwater did not have
the required lateral strength, nor was it
designed to hold the weight of the forces
thrust upon it. As a result, the
remaining portion of the breakwater
could have collapsed without warning.
The COTP determined that a safety zone
was necessary to protect the public from
the safety hazards created by this
emergency and the construction of a
replacement breakwater.
In January 2015, contractors began
working of the construction of a
replacement breakwater. The COTP has
determined that potential hazards
associated with emergency repairs to the
breakwater continue to be a safety
concern. Construction of the
replacement breakwater was originally
scheduled to be completed by January
30, 2017. Significant delays in
construction have resulted in an
anticipated completion date in August
2017. To ensure the continued
protection of personnel, vessels, and the
marine environment in the navigable
waters within the safety zone, the Coast
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, it has not been reviewed
by the Office of Management and
Budget.
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. 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.
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V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
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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.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V. A above,
this rule will not have a significant
economic impact on any vessel owner
or operator.
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 section.
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.
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C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
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
have determined that it is consistent
with the fundamental federalism
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principles and preemption requirements
described in Executive Order 13132.
Also, 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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. 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 an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. 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 (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 the
extension of the effective period of a
safety zone for ten months. It is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
G. 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
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12179
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T01–1037 to read as
follows:
■
§ 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°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) Effective Period. This rule is
effective and enforced from 3:00 p.m. on
January 30, 2017 to 11:59 p.m. October
1, 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 33 CFR 165.23
apply.
(2) In accordance with the general
regulations in § 165.23 of this part, 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.
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Dated: January 17, 2017.
M.A. Baroody,
Captain, U.S. Coast Guard, Captain of the
Port, Northern New England.
[FR Doc. 2017–03985 Filed 2–28–17; 8:45 am]
BILLING CODE 9110–04–P
LIBRARY OF CONGRESS
U.S. Copyright Office
37 CFR Part 204
[Docket No. 2016–5]
U.S. Copyright Office, Library
of Congress.
ACTION: Partial withdrawal of final rule.
AGENCY:
This document withdraws a
portion of the final rule that would
revise the Office’s Privacy Act
regulations, because that section will
have already been amended in a
separate document by the time this rule
is effective.
DATES: Effective March 1, 2017, the
Copyright Office withdraws the
amendments to 37 CFR 204.7 published
at 82 FR 9364, on February 6, 2017.
FOR FURTHER INFORMATION CONTACT:
Sarang V. Damle, General Counsel and
Associate Register of Copyrights, sdam@
loc.gov; Regan A. Smith, Deputy General
Counsel, resm@loc.gov; or Erik Bertin,
Deputy Director of Registration Policy
and Practice, ebertin@loc.gov. Each
person can be reached by telephone at
202–707–8040.
SUPPLEMENTARY INFORMATION: On
February 2, 2017, the Office published
a final rule creating procedures for the
replacement or removal of certain
‘‘personally identifiable information’’
(‘‘PII’’) from the Office’s registration
records. 82 FR 9004 (Feb. 2, 2017) (‘‘PII
Final Rule’’). Among other things, the
PII Final Rule rewrites 37 CFR 204.7. On
February 6, 2017, the Office published
a final rule that made several technical
amendments to the regulations
governing registration, recordation,
licensing, and other services that the
Office provides. 82 FR 9354 (Feb. 6,
jstallworth on DSK7TPTVN1PROD with RULES
SUMMARY:
14:27 Feb 28, 2017
Comments on Proposed Changes and
USPS Response
The Electronic Induction
(eInduction®) option is a process that
streamlines the preparation and
induction (how and where the mail
physically enters the Postal Service
mailstream) of drop shipments and
expedited plant load mailings.
eInduction links scans of Intelligent
Mail container barcodes (IMcb) to the
electronic documentation (eDoc)
information, allowing the Postal Service
to verify that postage was paid prior to
accepting a mailer shipped container.
eInduction eliminates the need for
paper PS Forms 8125, 8125–CD, 8017,
and manual reconciliation at the entry
facility. Correct postage payment is
verified both at the entry facility and
during post-induction processing in
PostalOne!.
Mailers who would like to use the
eInduction option must meet eligibility
requirements and request authorization
by contacting the Facility Access
Shipping Tracking (FAST®) Helpdesk.
Business Mailer Support will provide
final authorization. Additional
information, including information
regarding verification and associated
assessments, is provided in Publication
6850, Publication for Streamlined Mail
Acceptance for Letters and Flats,
available at: https://postalpro.usps.com/
node/581.
Approved by:
Carla D. Hayden,
Librarian of Congress.
Copyright Office Technical
Amendments
VerDate Sep<11>2014
2017) (‘‘Technical Amendments Final
Rule’’). In that final rule, the Office
made amendments to § 204.7 of its
regulations. The amendments to § 204.7
in the Technical Amendments Final
Rule were based on an earlier version of
the section, and did not take into
account the section as rewritten by the
PII Final Rule. The PII Final Rule is
scheduled to go into effect on March 6,
2017 and the Technical Amendments
Final Rule goes into effect on March 8,
2017.
Thus, the Copyright Office is
withdrawing the revisions to 37 CFR
204.7. The other revisions in the
Technical Amendments Final Rule are
not affected and will become effective
on March 8, 2017, as provided in the
final rule.
Dated: February 16, 2017.
Karyn Temple Claggett,
Acting Register of Copyrights and Director
of the U.S. Copyright Office.
(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.
Jkt 241001
Accordingly, amendatory instruction
55 in the final rule published in the
Federal Register on February 6, 2017, at
82 FR 9364, is withdrawn as of March
1, 2017.
[FR Doc. 2017–03946 Filed 2–28–17; 8:45 am]
BILLING CODE 1410–30–P
POSTAL SERVICE
39 CFR Part 111
Electronic Induction (eInduction®)
Option
Postal ServiceTM.
ACTION: Final rule.
AGENCY:
The Postal Service will revise
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM®) to add an option to streamline
the processing of drop shipments and
expedited plant load mailings.
DATES: Effective Date: March 1, 2017.
FOR FURTHER INFORMATION CONTACT:
Heather Dyer at (207) 482–7217 or
Jacqueline Erwin at (202) 268–2158.
SUPPLEMENTARY INFORMATION: The Postal
Service published a notice of proposed
rulemaking on January 9, 2017 (82 FR
2293–2294) to add an option to
streamline the processing of drop
shipments and expedited plant load
mailings, which included a 30-day
comment period. The Postal Service
received one customer comment.
SUMMARY:
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The Postal Service received 1 formal
response on the proposed general
language for the eInduction Option
proposal. The responder was seeking
additional information on a related
technical guide to the programming
intricacies for qualifying for the
eInduction option. Since the general
language for the DMM does not include
nor will it incorporate technical
guidance, the comments are not relevant
to this Final Rule. The commentary was
shared with the appropriate postal
personnel for response.
Summary of Changes To Be
Implemented
List of Subjects in 39 CFR Part 111
Administrative practice and
procedure, Postal Service.
The Postal Service adopts the
following changes to Mailing Standards
of the United States Postal Service,
Domestic Mail Manual (DMM),
incorporated by reference in the Code of
Federal Regulations. See 39 CFR 111.1.
Accordingly, 39 CFR part 111 is
amended as follows:
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]]>Agencies
[Federal Register Volume 82, Number 39 (Wednesday, March 1, 2017)]
[Rules and Regulations]
[Pages 12177-12180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03985]
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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; change in effective period.
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SUMMARY: The Coast Guard is extending the effective period of a safety
zone in the vicinity of the Eastport Breakwater Terminal, Eastport,
Maine. This safety zone was established on January 9, 2015 (80 FR
1344). This rule will extend the
[[Page 12178]]
effective period of the existing temporary final rule from January 30,
2017 until October 1, 2017. This rule will continue 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 safety zone continues to be
necessary due to the ongoing repairs to the breakwater following a
partial collapse of the structure on December 4, 2014.
DATES: This rule is effective without actual notice from March 1, 2017
until October 1, 2017. For the purposes of enforcement, actual notice
will be used from the date the rule was signed, January 17, 2017, until
March 1, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2014-1037 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MSTC Chris Bains at Sector Northern New England;
telephone (207) 347-5003, email Chris.D.Bains@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
U.S.C. United States Code
USCG United States Coast Guard
II. Background Information and Regulatory History
On January 9, 2015 we published a TFR entitled ``Safety Zone:
Eastport Breakwater Terminal, Eastport, Maine'' in the Federal Register
(80 FR 1344). The effective period for this rule was from December 12,
2014 until on January 30, 2017. The Coast Guard is now extending the
effective period of the safety zone in the vicinity of the Eastport
Breakwater Terminal, Eastport, Maine until October 1, 2017.
The Coast Guard is issuing this temporary 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 NPRM with respect to this rule
because publishing an NPRM would be impracticable and contrary to the
public interest. The construction company was late in requesting an
extension of the safety zone beyond the original construction
completion date of January 30, 2017. As a result, the delay inherent in
the NPRM process is contrary to the public interest and impracticable,
as immediate action is needed to extend this safety zone in order to
protect ports, waterways, and the maritime public.
We are issuing this rule, and 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.
III. Legal Authority and Need for Rule
The legal basis for the temporary rule is 33 U.S.C. 1231. 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 was
established based on the analysis of an independent engineering firm
that determined the remaining portion of the breakwater did not have
the required lateral strength, nor was it designed to hold the weight
of the forces thrust upon it. As a result, the remaining portion of the
breakwater could have collapsed without warning. The COTP determined
that a safety zone was necessary to protect the public from the safety
hazards created by this emergency and the construction of a replacement
breakwater.
In January 2015, contractors began working of the construction of a
replacement breakwater. The COTP has determined that potential hazards
associated with emergency repairs to the breakwater continue to be a
safety concern. Construction of the replacement breakwater was
originally scheduled to be completed by January 30, 2017. Significant
delays in construction have resulted in an anticipated completion date
in August 2017. To ensure the continued protection of personnel,
vessels, and the marine environment in the navigable waters within the
safety zone, the Coast Guard is extending the effective period of the
safety zone in the vicinity of the Eastport Breakwater Terminal to
October 1, 2017.
IV. Discussion of Rule
For the reasons discussed above, the COTP is extending the period
of 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 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.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
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. 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.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider
[[Page 12179]]
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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section V.
A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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
section.
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.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. 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 an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. 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 (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 the extension of the effective period of a safety zone
for ten months. It is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.
G. 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.
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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; 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) Effective Period. This rule is effective and enforced from 3:00
p.m. on January 30, 2017 to 11:59 p.m. October 1, 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 33 CFR
165.23 apply.
(2) In accordance with the general regulations in Sec. 165.23 of
this part, 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.
[[Page 12180]]
(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: January 17, 2017.
M.A. Baroody,
Captain, U.S. Coast Guard, Captain of the Port, Northern New England.
[FR Doc. 2017-03985 Filed 2-28-17; 8:45 am]
BILLING CODE 9110-04-P
