Safety Zone for Fireworks Display; Middle River, Baltimore County, MD, 24051-24054 [2018-10900]

Download as PDF Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Proposed Rules 1,200 feet above the surface at the Los Angeles ARTCC, Los Angeles, CA, to support en route IFR operations where the airway structure is inadequate. This proposal would allow the most efficient routing between airports without reducing margins of safety or requiring additional coordination and pilot/ controller workload. This action is necessary to ensure the safety and management of controlled airspace within the National Airspace System as it transitions from ground based navigation aids to satellite-based Global Navigation Satellite System for navigation. Class E airspace designations are published in paragraph 6006 of FAA Order 7400.11B, dated August 3, 2017, and effective September 15, 2017, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order. Regulatory Notices and Analyses The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current, is non-controversial and unlikely to result in adverse or negative comments. It, therefore: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, would not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Environmental Review sradovich on DSK3GMQ082PROD with PROPOSALS This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1F, ‘‘Environmental Impacts: Policies and Procedures’’ prior to any FAA final regulatory action. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). The Proposed Amendment Accordingly, pursuant to the authority delegated to me, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows: VerDate Sep<11>2014 18:08 May 23, 2018 Jkt 244001 PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, is amended as follows: ■ Paragraph 6006 Airspace Areas. Class E En Route Domestic * * * * * AWP CA E6 Los Angeles, CA [NEW] That airspace extending upward from 1,200 feet above the surface within an area bounded by lat. 35°17′00″ N, long. 121°25′28″ W; to lat. 35°32′00″ N, long. 120°51′00″ W; to lat. 35°37′00″ N, long. 120°33′45″ W; to lat. 35°38′30″ N, long. 120°28′30″ W; to lat. 35°41′58″ N, long. 120°17′17″ W; to lat. 35°43′00″ N, long. 120°13′55″ W; to lat. 35°45′00″ N, long. 120°07′00″ W; to lat. 35°43′11″ N, long. 119°55′03″ W; to lat. 35°41′04″ N, long. 119°42′46″ W; to lat. 35°39′39″ N, long. 119°34′35″ W; to lat. 35°38′43″ N, long. 119°29′25″ W; to lat. 35°49′40″ N, long. 119°22′20″ W; to lat. 36°04′30″ N, long. 119°12′30″ W; to lat. 36°08′00″ N, long. 119°10′00″ W; to lat. 36°08′00″ N, long. 119°02′20″ W; to lat. 36°08′00″ N, long. 119°00′00″ W; to lat. 36°08′00″ N, long. 118°35′00″ W; to lat. 36°34′15″ N, long. 118°35′00″ W; to lat. 36°45′45″ N, long. 118°35′00″ W; to lat. 37°04′50″ N, long. 118°35′00″ W; to lat. 37°12′00″ N, long. 118°35′03″ W; to lat. 37°12′00″ N, long. 118°26′00″ W; to lat. 37°12′00″ N, long. 118°00′00″ W; to lat. 37°12′00″ N, long. 117°20′00″ W; to lat. 37°22′00″ N, long. 117°00′30″ W; to lat. 37°26′30″ N, long. 117°04′33″ W; to lat. 37°33′00″ N, long. 117°05′41″ W; to lat. 37°53′00″ N, long. 117°05′41″ W; to lat. 37°53′00″ N, long. 116°50′00″ W; to lat. 37°53′00″ N, long. 116°26′03″ W; to lat. 37°53′00″ N, long. 116°11′03″ W; to lat. 37°59′59″ N, long. 114°42′06″ W; to lat. 38°01′00″ N, long. 114°30′03″ W; to lat. 38°01′00″ N, long. 114°12′03″ W; to lat. 37°53′44″ N, long. 113°42′03″ W; to lat. 37°49′25″ N, long. 113°42′01″ W; to lat. 37°43′00″ N, long. 113°47′00″ W; to lat. 37°30′00″ N, long. 113°00′00″ W; to lat. 37°27′22″ N, long. 112°25′19″ W; to lat. 37°24′50″ N, long. 111°53′45″ W; to lat. 37°24′45″ N, long. 111°52′45″ W; to lat. 37°00′18″ N, long. 111°43′06″ W; to lat. 36°44′00″ N, long. 111°36′30″ W; to lat. 36°30′54″ N, long. 111°32′08″ W; to lat. 36°25′15″ N, long. 111°30′15″ W; to lat. 35°46′00″ N, long. 111°50′30″ W; to lat. 35°24′00″ N, long. 112°00′00″ W; to lat. 35°23′48″ N, long. 112°09′11″ W; to lat. 35°23′00″ N, long. 112°40′00″ W; to lat. PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 24051 35°15′20″ N, long. 112°55′40″ W; to lat. 34°55′00″ N, long. 113°37′00″ W; to lat. 34°52′00″ N, long. 113°42′00″ W; to lat. 34°40′00″ N, long. 114°00′00″ W; to lat. 33°24′00″ N, long. 114°00′00″ W; to lat. 32°41′00″ N, long. 114°00′00″ W; to lat. 32°44′15″ N, long. 113°41′05″ W; to lat. 32°06′58″ N, long. 113°30′46″ W; to lat. 32°06′00″ N, long. 113°30′30″ W; to lat. 32°15′00″ N, long. 114°00′00″ W; to lat. 32°29′38″ N, long. 114°48′47″ W; to lat. 32°43′07″ N, long. 114°43′07″ W; to lat. 32°38′30″ N, long. 115°48′30″ W; to lat. 32°32′03″ N, long. 117°07′25″ W; to lat. 32°24′00″ N, long. 117°24′38″ W; to lat. 32°35′07″ N, long. 118°29′51″ W; to lat. 33°04′49″ N, long. 119°44′49″ W; to lat. 33°54′53″ N, long. 120°40′02″ W; to lat. 34°50′19″ N, long. 121°10′09″ W., thence to the point of beginning, excluding that airspace offshore beyond 12 miles of the shore line. Issued in Seattle, Washington, on May 17, 2018. B.G. Chew, Acting Manager, Operations Support Group, Western Service Center. [FR Doc. 2018–11063 Filed 5–23–18; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 151 [Docket No. USCG–2018–0245] RIN 1625–AC45 Ballast Water Management—Annual Reporting Requirement Correction In proposed rule document 2018– 09877 beginning on page 21214 in the issue of Wednesday, May 9, 2018, make the following correction: On page 21215, in the second column, the 39th line should read as follows: COTP Captain of the Port [FR Doc. C1–2018–09877 Filed 5–23–18; 8:45 am] BILLING CODE 1301–00–D DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2018–0293] RIN 1625–AA00 Safety Zone for Fireworks Display; Middle River, Baltimore County, MD AGENCY: E:\FR\FM\24MYP1.SGM Coast Guard, DHS. 24MYP1 24052 ACTION: Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Proposed Rules Notice of proposed rulemaking. The Coast Guard proposes to establish a temporary safety zone for certain waters of the Middle River. This action is necessary to provide for the safety of life on the navigable waters of the Middle River in Baltimore County, MD, during a fireworks display on June 30, 2018 (with alternate date of July 1, 2018). This action would prohibit persons and vessels from entering the safety zone unless authorized by the Captain of the Port Maryland-National Capital Region or a designated representative. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before June 25, 2018. ADDRESSES: You may submit comments identified by docket number USCG– 2018–0293 using the Federal eRulemaking Portal at https:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions about this proposed rulemaking, call or email Mr. Ron Houck, Sector Maryland-National Capital Region Waterways Management Division, U.S. Coast Guard; telephone 410–576–2674, email Ronald.L.Houck@ uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: dangerous projectiles, and falling hot embers or other debris. The COTP Maryland-National Capital Region has determined that potential hazards associated with the fireworks to be used in this display would be a safety concern for anyone within 200 yards of the fireworks barge. The purpose of this rulemaking is to ensure the safety of persons and vessels on the navigable waters of the Middle River within 200 yards of the fireworks barge before, during, and after the scheduled event. The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231. III. Discussion of Proposed Rule The COTP proposes to establish a safety zone from 8 p.m. to 10:30 p.m. on June 30, 2018, and if necessary due to inclement weather, from 8 p.m. to 10:30 p.m. on July 1, 2018. The safety zone would cover all navigable waters of the Middle River, within 200 yards of a fireworks barge in approximate position latitude 39°18′24″ N, longitude 076°24′29″ W, located in Baltimore County, MD. The duration of the zone is intended to ensure the safety of persons and vessels on the specified navigable waters before, during, and after the scheduled 9 p.m. fireworks display. No vessel or person would be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. The regulatory text we are proposing appears at the end of this document. CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code IV. Regulatory Analyses We developed this proposed 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. II. Background, Purpose, and Legal Basis On March 21, 2018, the Marine Trades Association of Baltimore County, Inc. of Baltimore, MD notified the Coast Guard that it will be conducting a fireworks display on June 30, 2018 at 9 p.m., to commemorate the July 4th Holiday. Details of the proposed event were provided to the Coast Guard on March 29, 2018. The private fireworks display is to be launched from a fireworks barge located in the Middle River, approximately 300 yards southeast of Wilson Point in Baltimore County, MD. In the event of inclement weather, the fireworks display will be scheduled for July 1, 2018. Hazards from fireworks displays include accidental discharge of fireworks, 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 13771 directs agencies to control regulatory costs through a budgeting process. This NPRM has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the size, location, duration, sradovich on DSK3GMQ082PROD with PROPOSALS I. Table of Abbreviations VerDate Sep<11>2014 18:08 May 23, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 and time-of-day of the safety zone. Vessel traffic will be able to safely transit around this safety zone, which would impact a small designated area of the Middle River for 2.5 hours during the evening when vessel traffic is normally low. The Coast Guard will issue a Broadcast Notice to Mariners via VHF–FM marine band channel 16 to provide information about the safety zone. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 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 proposed rule would 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 IV.A above, this proposed rule would not have a significant economic impact on any vessel owner or operator. 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. 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 proposed 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. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. C. Collection of Information This proposed rule would not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). E:\FR\FM\24MYP1.SGM 24MYP1 Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Proposed Rules 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 proposed 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 proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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 proposed rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. sradovich on DSK3GMQ082PROD with PROPOSALS F. Environment We have analyzed this proposed rule under Department of Homeland Security Directive 023–01, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have made a preliminary determination 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 proposed rule involves a safety zone lasting less than 3 hours that would prohibit vessel movement within a portion of the Middle River. Normally such actions are categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction VerDate Sep<11>2014 18:08 May 23, 2018 Jkt 244001 Manual 023–01–001–01, Rev. 01. A preliminary Record of Environmental Consideration supporting this determination is 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 proposed 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. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at https:// www.regulations.gov. If your material cannot be submitted using https:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit https:// www.regulations.gov/privacyNotice. Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 24053 For the reasons discussed in the preamble, the Coast Guard proposes to amend 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.T05–0293 to read as follows: ■ § 165.T05–0293 Safety Zone for Fireworks Display; Middle River, Baltimore County, MD. (a) Location. The following area is a safety zone: All navigable waters of the Middle River, within 200 yards of a fireworks barge in approximate position latitude 39°18′24″ N, longitude 076°24′29″ W, located in Baltimore County, MD. All coordinates refer to datum NAD 1983. (b) Definitions. As used in this section: (1) Captain of the Port MarylandNational Capital Region means the Commander, U.S. Coast Guard Sector Maryland-National Capital Region. (2) Designated representative means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port Maryland-National Capital Region to assist in enforcement of the safety zone described in paragraph (a) of this section. (c) Regulations. The general safety zone regulations found in subpart C of this part apply to the safety zone created by this section. (1) Entry into or remaining in this safety zone is prohibited unless authorized by the Coast Guard Captain of the Port Maryland-National Capital Region. All vessels underway within this safety zone at the time it is implemented are to depart the zone. (2) Persons desiring to transit the area of the safety zone must obtain authorization from the Captain of the Port Maryland-National Capital Region or designated representative. To request permission to transit the area, the Captain of the Port Maryland-National Capital Region or designated representatives can be contacted at telephone number 410–576–2693 or on marine band radio VHF–FM channel 16 (156.8 MHz). Coast Guard vessels enforcing this section can be contacted on marine band radio VHF–FM channel 16 (156.8 MHz). Upon being hailed by a Coast Guard vessel, or other Federal, State, or local agency vessel, by siren, E:\FR\FM\24MYP1.SGM 24MYP1 24054 Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Proposed Rules radio, flashing light, or other means, the operator of a vessel must proceed as directed. If permission is granted to enter the safety zone, all persons and vessels must comply with the instructions of the Captain of the Port Maryland-National Capital Region or designated representative and proceed as directed while within the zone. (4) Enforcement officials. The Coast Guard may be assisted in the patrol and enforcement of the zone by Federal, State, and local agencies. (d) Enforcement periods. This section will be enforced from 8 p.m. to 10:30 p.m. on June 30, 2018, and if necessary due to inclement weather, from 8 p.m. to 10:30 p.m. on July 1, 2018. Dated: May 2, 2018. Joseph B. Loring, Captain, U.S. Coast Guard, Captain of the Port Maryland-National Capital Region. BILLING CODE 9110–04–P LIBRARY OF CONGRESS Copyright Office 37 CFR Part 201 [Docket No. 2018–4] Copyright Office Fees U.S. Copyright Office, Library of Congress. ACTION: Notice of proposed rulemaking. AGENCY: The Copyright Office is proposing the adoption of a new fee schedule. The proposed fees would help the Office recover a significant part, though not the whole, of its costs. The Office is providing an opportunity to the public to comment on the proposed changes before it submits the fee schedule to Congress. DATES: Written comments must be received no later than 11:59 p.m. Eastern Time on July 23, 2018. ADDRESSES: For reasons of government efficiency, the Copyright Office is using the regulations.gov system for the submission and posting of public comments in this proceeding. All comments are therefore to be submitted electronically through regulations.gov. Specific instructions for submitting comments are available on the Copyright Office website at https:// www.copyright.gov/policy/ feestudy2018. If electronic submission of comments is not feasible due to lack of access to a computer and/or the internet, please contact the Office using the contact information below for special instructions. sradovich on DSK3GMQ082PROD with PROPOSALS VerDate Sep<11>2014 18:08 May 23, 2018 Jkt 244001 Regan A. Smith, Deputy General Counsel, by email at resm@loc.gov, or Julie Saltman, Assistant General Counsel, by email at jusa@loc.gov, or either by telephone at 202–707–8350. SUPPLEMENTARY INFORMATION: The Copyright Office is proposing the establishment of a new fee schedule for Copyright Office services. Below, the Office describes the legal authority for establishment and adjustment of its fees, describes the overarching methodology employed by the Office in studying its costs and establishing a new fee schedule, and describes and provides justification for each of the Office’s proposed fee adjustments. I. Statutory Framework [FR Doc. 2018–10900 Filed 5–23–18; 8:45 am] SUMMARY: FOR FURTHER INFORMATION CONTACT: The Copyright Act provides for the funding of Copyright Office operations through user fees to cover its reasonable costs. The main provision authorizing the establishment and collection of such fees is 17 U.S.C. 708. Section 708(a) specifies that ‘‘[f]ees shall be paid to the Register of Copyrights’’ for the following services: (1) On filing an application under section 408 for registration of a copyright claim or for a supplementary registration, including the issuance of a certificate of registration if registration is made; (2) on filing each application for registration of a claim for renewal of a subsisting copyright under section 304(a), including the issuance of a certificate of registration if registration is made; (3) for the issuance of a receipt for a deposit under section 407; (4) for the recordation, as provided by section 205, of a transfer of copyright ownership or other document; (5) for the filing, under section 115(b), of a notice of intention to obtain a compulsory license; (6) for the recordation, under section 302(c), of a statement revealing the identity of an author of an anonymous or pseudonymous work, or for the recordation, under section 302(d), of a statement relating to the death of an author; (7) for the issuance, under section 706, of an additional certificate of registration; (8) for the issuance of any other certification; (9) for the making and reporting of a search as provided by section 705, and for any related services; (10) on filing a statement of account based on secondary transmissions of primary transmissions pursuant to section 119 or 122; and PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 (11) on filing a statement of account based on secondary transmissions of primary transmissions pursuant to section 111. Fees for the services described in paragraphs (1) through (9) above are established in accordance with the following process. The Register must first ‘‘conduct a study of the costs incurred by the Copyright Office for the registration of claims, the recordation of documents, and the provision of services.’’ 17 U.S.C. 708(b)(1). The study must ‘‘consider the timing of any adjustment in fees and the authority to use such fees consistent with the budget.’’ Id. On the basis of that study, the Register may ‘‘adjust fees’’ by regulation ‘‘to not more than that necessary to cover the reasonable costs incurred by the Copyright Office for’’ its services ‘‘plus a reasonable inflation adjustment to account for any estimated increase in costs.’’ 17 U.S.C. 708(b)(2). The Register must then prepare a proposed fee schedule and submit it with the accompanying economic analysis to Congress. Id. 708(b)(5). The proposed schedule may go into effect after the end of 120 days after submitting it to Congress unless, within that 120 day period, Congress enacts a law stating in substance that Congress does not approve the schedule. Id. Importantly, section 708 also requires that fees under section 708(a)(1)–(9) ‘‘be fair and equitable and give due consideration to the objectives of the copyright system.’’ Id. 708(b)(4). This mandate makes clear that the Copyright Office must review more than the reasonable costs of services provided; instead, the Office must take into account the public interest in the nation’s copyright scheme. In assessing these fees, the Register thus has ‘‘wide discretion to adjust Copyright Office fees by regulation.’’ Melville B. Nimmer & David Nimmer, Nimmer on Copyright, secs. 7.24, 7–232 (2013). The Copyright Act also authorizes the Register of Copyrights to establish fees for services other than those listed in paragraphs (1) through (9) of section 708(a). Though not subject to the procedural requirements of section 708(b), these fees are often evaluated and adjusted as part of the fee study mandated by section 708(b)—as is the case here. First, paragraphs (10) and (11) of section 708 provide that the Copyright Office’s Licensing Division may charge filing fees for the statements of account that cable and satellite companies must submit under the statutory licenses in sections 111, 119, and 122 for the secondary transmissions of primary broadcast television transmissions. 17 U.S.C. 708(a)(10), (11). E:\FR\FM\24MYP1.SGM 24MYP1

Agencies

[Federal Register Volume 83, Number 101 (Thursday, May 24, 2018)]
[Proposed Rules]
[Pages 24051-24054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10900]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0293]
RIN 1625-AA00


Safety Zone for Fireworks Display; Middle River, Baltimore 
County, MD

AGENCY: Coast Guard, DHS.

[[Page 24052]]


ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for certain waters of the Middle River. This action is necessary to 
provide for the safety of life on the navigable waters of the Middle 
River in Baltimore County, MD, during a fireworks display on June 30, 
2018 (with alternate date of July 1, 2018). This action would prohibit 
persons and vessels from entering the safety zone unless authorized by 
the Captain of the Port Maryland-National Capital Region or a 
designated representative. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 25, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0293 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Mr. Ron Houck, Sector Maryland-
National Capital Region Waterways Management Division, U.S. Coast 
Guard; telephone 410-576-2674, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On March 21, 2018, the Marine Trades Association of Baltimore 
County, Inc. of Baltimore, MD notified the Coast Guard that it will be 
conducting a fireworks display on June 30, 2018 at 9 p.m., to 
commemorate the July 4th Holiday. Details of the proposed event were 
provided to the Coast Guard on March 29, 2018. The private fireworks 
display is to be launched from a fireworks barge located in the Middle 
River, approximately 300 yards southeast of Wilson Point in Baltimore 
County, MD. In the event of inclement weather, the fireworks display 
will be scheduled for July 1, 2018. Hazards from fireworks displays 
include accidental discharge of fireworks, dangerous projectiles, and 
falling hot embers or other debris. The COTP Maryland-National Capital 
Region has determined that potential hazards associated with the 
fireworks to be used in this display would be a safety concern for 
anyone within 200 yards of the fireworks barge.
    The purpose of this rulemaking is to ensure the safety of persons 
and vessels on the navigable waters of the Middle River within 200 
yards of the fireworks barge before, during, and after the scheduled 
event. The Coast Guard proposes this rulemaking under authority in 33 
U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 8 p.m. to 10:30 
p.m. on June 30, 2018, and if necessary due to inclement weather, from 
8 p.m. to 10:30 p.m. on July 1, 2018. The safety zone would cover all 
navigable waters of the Middle River, within 200 yards of a fireworks 
barge in approximate position latitude 39[deg]18'24'' N, longitude 
076[deg]24'29'' W, located in Baltimore County, MD. The duration of the 
zone is intended to ensure the safety of persons and vessels on the 
specified navigable waters before, during, and after the scheduled 9 
p.m. fireworks display. No vessel or person would be permitted to enter 
the safety zone without obtaining permission from the COTP or a 
designated representative. The regulatory text we are proposing appears 
at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone, which would 
impact a small designated area of the Middle River for 2.5 hours during 
the evening when vessel traffic is normally low. The Coast Guard will 
issue a Broadcast Notice to Mariners via VHF-FM marine band channel 16 
to provide information about the safety zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 
proposed rule would 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 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    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.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

[[Page 24053]]

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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, which guides the Coast Guard in complying 
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370f), and have made a preliminary determination 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 proposed rule 
involves a safety zone lasting less than 3 hours that would prohibit 
vessel movement within a portion of the Middle River. Normally such 
actions are categorically excluded from further review under paragraph 
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, 
Rev. 01. A preliminary Record of Environmental Consideration supporting 
this determination is 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 proposed 
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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 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.  [thinsp]165.T05-0293 to read as follows:


Sec.  [thinsp]165.T05-0293   Safety Zone for Fireworks Display; Middle 
River, Baltimore County, MD.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Middle River, within 200 yards of a fireworks barge in 
approximate position latitude 39[deg]18'24'' N, longitude 
076[deg]24'29'' W, located in Baltimore County, MD. All coordinates 
refer to datum NAD 1983.
    (b) Definitions. As used in this section:
    (1) Captain of the Port Maryland-National Capital Region means the 
Commander, U.S. Coast Guard Sector Maryland-National Capital Region.
    (2) Designated representative means any Coast Guard commissioned, 
warrant, or petty officer who has been authorized by the Captain of the 
Port Maryland-National Capital Region to assist in enforcement of the 
safety zone described in paragraph (a) of this section.
    (c) Regulations. The general safety zone regulations found in 
subpart C of this part apply to the safety zone created by this 
section.
    (1) Entry into or remaining in this safety zone is prohibited 
unless authorized by the Coast Guard Captain of the Port Maryland-
National Capital Region. All vessels underway within this safety zone 
at the time it is implemented are to depart the zone.
    (2) Persons desiring to transit the area of the safety zone must 
obtain authorization from the Captain of the Port Maryland-National 
Capital Region or designated representative. To request permission to 
transit the area, the Captain of the Port Maryland-National Capital 
Region or designated representatives can be contacted at telephone 
number 410-576-2693 or on marine band radio VHF-FM channel 16 (156.8 
MHz). Coast Guard vessels enforcing this section can be contacted on 
marine band radio VHF-FM channel 16 (156.8 MHz). Upon being hailed by a 
Coast Guard vessel, or other Federal, State, or local agency vessel, by 
siren,

[[Page 24054]]

radio, flashing light, or other means, the operator of a vessel must 
proceed as directed. If permission is granted to enter the safety zone, 
all persons and vessels must comply with the instructions of the 
Captain of the Port Maryland-National Capital Region or designated 
representative and proceed as directed while within the zone.
    (4) Enforcement officials. The Coast Guard may be assisted in the 
patrol and enforcement of the zone by Federal, State, and local 
agencies.
    (d) Enforcement periods. This section will be enforced from 8 p.m. 
to 10:30 p.m. on June 30, 2018, and if necessary due to inclement 
weather, from 8 p.m. to 10:30 p.m. on July 1, 2018.

    Dated: May 2, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2018-10900 Filed 5-23-18; 8:45 am]
 BILLING CODE 9110-04-P


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