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


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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.

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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 [email protected]. 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