Federal Register / Vol. 80, No. 6 / Friday, January 9, 2015 / Rules and Regulations 1341 

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.T01–0554 to read as 

follows: 

§ 165.T01–0554 Regulated Navigation 

Area; Sarah Mildred Long Bridge 

Replacement, Portsmouth, NH. 

(a) Location. The following area is a 

Regulated Navigation Area (RNA): All 

navigable waters of the Piscataqua River 

between Portsmouth, NH and Kittery, 

ME, from surface to bottom, within a 

300 yard radius of position 43°05′10′′ N, 

070°45′38′′ W (NAD 83), center point of 

the existing Sarah Mildred Long Bridge. 

(b) Regulations. (1) The general 

regulations contained in §§ 165.10, 

165.11, and 165.13 apply within the 

RNA. 

(2) Any vessel transiting through the 

RNA must make a direct passage. No 

vessel may stop, moor, anchor or loiter 

within the RNA at any time unless they 

are working on the bridge construction. 

Movement within the RNA is subject to 

a ‘‘Slow-No Wake’’ speed limit. All 

vessels may not produce a wake and 

may not attain speeds greater than five 

(5) knots unless a higher minimum 

speed is necessary to maintain bare 

steerageway. 

(3) There may be times that the First 

District Commander or the Captain of 

the Port (COTP) finds it necessary to 

close the RNA to vessel traffic. All 

closures will be limited to specific 

hours of the day. Mariners will be 

advised of all closure dates and times 

via Local Notice to Mariners and 

Broadcast Notice to Mariners in advance 

of closure times. During times of limited 

closure, persons and vessels may 

request permission to enter the RNA by 

contacting the COTP or the COTP’s onscene representative on VHF–16 or via 

phone at 207–767–0303. 

(4) Any vessels transiting in the RNA 

must comply with all directions given to 

them by the COTP or the COTP’s onscene representative. The ‘‘on-scene 

representative’’ of the COTP is any 

Coast Guard commissioned, warrant or 

petty officer who has been designated 

by the COTP to act on the COTP’s 

behalf. The on-scene representative may 

be on a Coast Guard vessel; or other 

designated craft; or on shore and 

communicating with vessels via VHF– 

FM radio or loudhailer. Members of the 

Coast Guard Auxiliary may be present to 

inform vessel operators of this 

regulation. 

(5) All other relevant regulations, 

including but not limited to the Rules of 

the Road, as codified in 33 CFR 

subchapter E, Inland Navigational 

Rules, remain in effect within the RNA 

and must be strictly followed at all 

times. 

(c) Enforcement period. This 

regulation is enforceable 24 hours a day 

from 12:01 a.m. on December 31, 2014 

until 11:59 p.m. on May 31, 2019. 

(d) Notification. The Coast Guard will 

rely on the methods described in § 165.7 

to notify the public of the time and 

duration of any closure of the RNA. 

Violations of this RNA may be reported 

to the COTP at 207–767–0303 or on 

VHF-Channel 16. 

Dated: December 22, 2014. 

L.L. Fagan, 

Admiral, U.S. Coast Guard, Commander, First 

Coast Guard District. 

[FR Doc. 2015–00182 Filed 1–8–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2014–0990] 

RIN 1625–AA00 

Safety Zone; Blue Water Resort and 

Casino Southwest Showdown 4; 

Parker, AZ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule; request for 

comments. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

within the Lake Moolvalya region of the 

navigable waters of the Colorado River 

in Parker, Arizona in support of the 

Arizona Drag Boat Association 

sponsored race event, the Blue Water 

Resort and Casino Southwest 

Showdown. This safety zone is 

established to ensure the safety of 

participants, crew, spectators, 

participating vessels, and other vessels 

and users of the waterway. 

Unauthorized persons and vessels are 

prohibited from entering into, transiting 

through, or anchoring within this safety 

zone unless authorized by the Captain 

of the Port, or their designated 

representative. The Coast Guard 

requests public comments on the 

temporary safety zone. 

DATES: This rule is effective from 9 a.m. 

on February 20, 2015 through 6 p.m. 

February 22, 2015. This rule will be 

enforced from 9 a.m. until 6 p.m. 

February 20, 2015, February 21, 2015, 

and February 22, 2015. Public 

comments must be received by February 

9, 2015. 

ADDRESSES: Submit comments using one 

of the listed methods, and see 

SUPPLEMENTARY INFORMATION for more 

information on public comments. 

• Online—http://www.regulations.gov 

following Web site instructions. 

• Fax—202–493–2251. 

• Mail or hand deliver—Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC 20590–0001. Hand 

delivery hours: 9 a.m. to 5 p.m., Monday 

through Friday, except Federal holidays 

(telephone 202–366–9329). 

Documents mentioned in this 

preamble are part of docket [USCG– 

2014–0990]. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

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 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 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 rule, call or 

email Petty Officer Nick Bateman, 

Waterways Management, U.S. Coast 

Guard Sector San Diego, Coast Guard; 

telephone 619–278–7656, email 

d11marineeventssandiego@uscg.mil If 

you have questions on viewing or 

submitting material to the docket, call 

Cheryl Collins, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

TFR Temporary Final Rule 

A. Public Participation and Comments 

We encourage you to submit 

comments (or related material) on this 

temporary final rule. We will consider 

all submissions and may adjust our final 


rljohnson on DSK3VPTVN1PROD with RULES
1342 Federal Register / Vol. 80, No. 6 / Friday, January 9, 2015 / Rules and Regulations 

action based on your comments. 

Comments should be marked with 

docket number USCG–2014–0990 and 

should provide a reason for each 

suggestion or recommendation. You 

should provide personal contact 

information so that we can contact you 

if we have questions regarding your 

comments; but please note that all 

comments will be posted to the online 

docket without change and that any 

personal information you include can be 

searchable online (see the Federal 

Register Privacy Act notice regarding 

our public dockets, 73 FR 3316, Jan. 17, 

2008). 

Mailed or hand-delivered comments 

should be in an unbound 81⁄2 × 11 inch 

format suitable for reproduction. The 

Docket Management Facility will 

acknowledge receipt of mailed 

comments if you enclose a stamped, 

self-addressed postcard or envelope 

with your submission. 

Documents mentioned in this notice, 

and all public comments, are in our 

online docket at http://

www.regulations.gov and can be viewed 

by following the Web site’s instructions. 

You can also view the docket at the 

Docket Management Facility (see the 

mailing address under ADDRESSES) 

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

through Friday, except Federal holidays. 

B. Regulatory History and Information 

The Blue Water Resort and Casino 

Southwest Showdown is an annual 

recurring marine event in March, and is 

listed in 33 CFR 100.1102 (table 1, 

number 7) for annual marine events on 

the Colorado River, between Davis Dam 

and Headgate Dam. Special local 

regulations exist for the marine event to 

allow for high speed boat racing in a nowake zone. For 2015, the event dates 

have been shifted from the listed 

weekend in March, to February. As 

such, a temporary safety zone will be 

established to ensure the safety of event 

participants and spectators. 

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 an NPRM would be 

impracticable and contrary to the public 

interest in ensuring safety. We did not 

receive confirmation of the February 

event dates until November 15, 2014, 

which left insufficient time to draft, 

publish, and receive public comment on 

an NPRM. We wish to take immediate 

action to help protect the safety of the 

participants, crew, spectators, and 

participating vessels from other vessels 

during this three day annual event. 

However, because publication of this 

rule in the Federal Register will precede 

the event by several weeks, we are 

requesting public comment on the need 

for and sufficiency of our safety zone, 

and on whether it should be adjusted in 

any way. In light of public comment, 

and with actual notice by on-scene 

personnel, we may modify the safety 

zone during its periods of enforcement. 

C. Basis and Purpose 

The legal basis and authorities for this 

rule are found in 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; and Department of 

Homeland Security Delegation No. 

0170.1, which collectively authorize the 

Coast Guard to propose, establish, and 

define regulatory safety zones. 

Because of the date change, this 

annual recurring marine event requires 

promulgation of a limited access area 

safety zone to ensure the safety of the 

event and support the safety of event 

participants and the public, who may 

not be aware of the event date change 

from March to February. 

D. Discussion of the Final Rule 

The Coast Guard is establishing a 

temporary safety zone that will be 

enforced from 9 a.m. to 6 p.m. on 

February 20, 2015, February 21, 2015, 

and February 22, 2015. The effect of the 

temporary safety zone will be to restrict 

navigation in the vicinity of the boat 

race site until the conclusion of the 

races. The limits of the safety zone will 

support the Coast Guard issued marine 

event permit special local regulations to 

include all the navigable waters of the 

Colorado River between Headgate Dam 

and 0.5 miles north of the Blue Water 

Marina in Parker, Arizona. 

The safety zone is necessary to 

provide for the safety of the crew, 

spectators, participants, and other 

vessels and users of the waterway. 

Persons and vessels will be prohibited 

from entering into, transiting through, or 

anchoring within this safety zone unless 

authorized by the Captain of the Port, or 

his designated representative, during 

the proposed times. The three day event 

will include racing on Friday, Saturday, 

and Sunday. Before the effective period, 

the Coast Guard will publish a local 

notice to mariners (LNM). 

E. 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. 

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. We expect the economic impact 

of this rule to be so minimal that a full 

Regulatory Evaluation is unnecessary. 

This determination is based on the size, 

location, limited duration of the safety 

zone and that the boat race is an annual 

recurring marine event. Additionally, to 

the maximum extent practicable, the 

event sponsor will assist with the 

movement of boaters desiring to transit 

the racing area during non-racing times 

throughout the three days. 

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. 

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 will affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

the impacted portion of the Colorado 

River from 9 a.m. to 6 p.m. on February 

20, 2015, February 21, 2015 and 

February 22, 2015. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. Although the 

safety zone would apply to the entire 

width of the river, traffic would be 

allowed to pass through the zone with 

the permission of the Captain of the 


rljohnson on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 6 / Friday, January 9, 2015 / Rules and Regulations 1343 

Port, or his designated representative. 

The event sponsor will also to their 

maximum extent assist boaters wishing 

to transit the racing area during nonracing times throughout the three days. 

Before the effective period, the Coast 

Guard will publish a Local Notice to 

Mariners. 

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 

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, 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 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. 

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 

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 

(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 on the 

navigable waters of Moovalya Lake. This 

rule 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. 

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.T11–677 to read as 

follows: 

§ 165.T11–677 Safety zone; Blue Water 

Resort and Casino Southwest Showdown 4; 

Parker, AZ. 

(a) Location. The limits of the safety 

zone will include all the navigable 

waters of the Colorado River on 

Moovalya Lake between Headgate Dam 

and 0.5 miles north of the Blue Water 

Marina in Parker, Arizona. 

(b) Enforcement period. This section 

will be enforced from 9 a.m. to 6 p.m. 

on February 20, 2015, February 21, 

2015, and February 22, 2015. 

(c) Definitions. The following 

definition applies to this section: 

designated representative, means any 

commissioned, warrant, or petty officer 

of the Coast Guard on board Coast 


rljohnson on DSK3VPTVN1PROD with RULES
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