1344 Federal Register / Vol. 80, No. 6 / Friday, January 9, 2015 / Rules and Regulations 

Guard, Coast Guard Auxiliary, or local, 

state, and federal law enforcement 

vessels who have been authorized to act 

on the behalf of the Captain of the Port. 

(d) Regulations. (1) Under the general 

regulations in 33 CFR part 165, subpart 

C, entry into, transit through or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port of San Diego or his 

designated representative. 

(2) All persons and vessels shall 

comply with the instructions of the 

Coast Guard Captain of the Port or his 

designated representative. 

(3) Upon being hailed by U.S. Coast 

Guard or designated patrol personnel by 

siren, radio, flashing light or other 

means, the operator of a vessel shall 

proceed as directed. 

(4) The Coast Guard may be assisted 

by other Federal, state, or local agencies 

in patrol and notification of the 

regulation. 

Dated: December 15, 2014. 

J.A. Janszen, 

Commander, U.S. Coast Guard, Acting, 

Captain of the Port San Diego. 

[FR Doc. 2015–00176 Filed 1–8–15; 8:45 am] 

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 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters around the 

Eastport Breakwater Terminal in 

Eastport, Maine. This safety zone is 

intended to restrict vessels from 

approaching within 100 yards of the 

eastern face of the Eastport Breakwater 

Terminal without authorization from 

the Captain of the Port (COTP), Sector 

Northern New England. This action is 

necessary due to the uncertainty 

regarding the breakwater’s strength 

following a partial collapse of the 

structure on December 4, 2014. 

DATES: This rule is effective without 

actual notice from January 9, 2015 until 

January 30, 2017. For the purposes of 

enforcement, actual notice will be used 

from the date the rule was signed, 

December 12, 2014, until January 9, 

2015. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2014– 

1037 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2014–1037 in the ’’Keyword’’ 

box, and then clicking ‘‘Search’’. They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or email LT David Bourbeau at 

Sector Northern New England; 

telephone (207) 347–5015, email 

David.T.Bourbeau@uscg.mil. If you have 

questions on viewing the docket, call 

Cheryl Collins, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

U.S.C. United States Code 

USCG United States Coast Guard 

COTP Captain of the Port 

A. Regulatory Information and 

Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because 

publishing an NPRM would be 

impracticable and contrary to the public 

interest. Because of the emergency 

nature of the incident that created the 

need for this safety zone, there is 

insufficient time for the Coast Guard to 

seek public comments. Publishing an 

NPRM and delaying the effective date of 

this rule to await public comments 

would inhibit the Coast Guard’s ability 

to fulfill its statutory missions to protect 

ports, waterways, and the maritime 

public. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register for the reasons discussed 

above. For the same reasons discussed 

in the preceding paragraph, the Coast 

Guard finds that waiting 30 days to 

make this rule effective would be 

impracticable and contrary to the public 

interest. 

B. Basis and Purpose 

The legal basis for the temporary rule 

is 33 U.S.C. 1226, 1231, 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 

195; Public Law 107–295, 116 Stat. 

2064; and Department of Homeland 

Security Delegation No. 0170.1, which 

collectively authorize the Coast Guard 

to define safety zones. 

On December 4, 2014, the southwest 

portion of the Eastport Breakwater 

Terminal collapsed into the protected 

harbor shoreward of the Breakwater in 

Eastport, Maine. The catastrophic 

collapse resulted in several vessels 

being damaged or destroyed, and left the 

remaining breakwater structure at risk of 

further collapse. This safety zone is 

being established based on the analysis 

of an independent engineering firm that 

determined the remaining portion of the 

breakwater does not have the required 

lateral strength, nor is it designed to 

hold the weight of the current forces 

thrust upon it. The remaining portion of 

the breakwater could collapse without 

warning. The COTP has determined that 

a safety zone is necessary to protect the 

public from the safety hazards created 

by this emergency. 

C. Discussion of Rule 

For the reasons discussed above, the 

COTP is establishing a temporary safety 

zone in Eastport Harbor, ME. The safety 

zone will be bound inside an area 

within 4 points along the breakwater at 

44°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. 


rljohnson on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 6 / Friday, January 9, 2015 / Rules and Regulations 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 


rljohnson on DSK3VPTVN1PROD with RULES
1346 Federal Register / Vol. 80, No. 6 / Friday, January 9, 2015 / Rules and Regulations 

(NEPA) (42 U.S.C. 4321–4370f), and 

have determined that this action is one 

of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves 

establishment of a safety zone and thus, 

is categorically excluded from further 

review under paragraph 34(g) of Figure 

2–1 of the Commandant Instruction. 

Under figure 2–1, paragraph (34)(g), of 

the Instruction, an environmental 

analysis checklist supporting this 

determination and a Categorical 

Exclusion Determination will be 

available in the docket where indicated 

under ADDRESSES. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

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; 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. 

■ 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) 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 

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 

DEPARTMENT OF COMMERCE 

United States Patent and Trademark 

Office 

37 CFR Part 1 

[Docket No.: PTO–P–2014–0023] 

RIN 0651–AC96 

Changes to Patent Term Adjustment in 

View of the Federal Circuit Decision in 

Novartis v. Lee 

AGENCY: United States Patent and 

Trademark Office, Commerce. 

ACTION: Final rule. 

SUMMARY: 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 

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. 

DATES: 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. 

FOR FURTHER INFORMATION CONTACT: 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. 


rljohnson on DSK3VPTVN1PROD with RULES