Safety Zone; Appomattox River, Hopewell, VA, 24950-24952 [2018-11645]
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Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Proposed Rules
Authority: 26 U.S.C. 7805 * * *
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Section 301.6721–1 is also issued under 26
U.S.C. 6011(e).
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*
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*
Par. 2. Section 301.6011–2 is
amended as follows:
■ a. Paragraphs (b)(4) through (6) are
added.
■ b. Paragraphs (c)(1)(iii) and (iv) are
removed.
■ c. Paragraph (g)(2) is revised.
The additions and revisions read as
follows:
■
§ 301.6011–2
media.
*
Required use of magnetic
*
*
*
*
(b) * * *
(4) Aggregation of returns. For
purposes of determining whether the
number of returns a person is required
to file meets the 250-return threshold
under paragraph (c)(1)(i) of this section,
all types of returns covered by
paragraphs (b)(1) and (2) of this section
required to be filed during the calendar
year are aggregated. Corrected returns
are not taken into account in
determining whether the 250-return
threshold is met.
(5) Corrected returns. Any person
required to file returns covered by
paragraphs (b)(1) and (2) of this section
on magnetic media for a calendar year
must file corrected returns covered by
paragraphs (b)(1) and (2) of this section
for such calendar year on magnetic
media.
(6) Examples. The provisions of
paragraphs (b)(4) and (5) of this section
are illustrated by the following
examples:
pmangrum on DSK30RV082PROD with PROPOSALS
*
Example 1. For the 2018 calendar year,
Company W is required to file 200 Forms
1099–INT, ‘‘Interest Income,’’ and 200 Forms
1099–DIV, ‘‘Dividends and Distributions,’’
for a total of 400 returns. Because Company
W is required to file 250 or more returns
covered by paragraphs (b)(1) and (2) of this
section for the calendar year, Company W
must file all Forms 1099–INT and Forms
1099–DIV electronically.
Example 2. During the 2018 calendar year,
Company X has 200 employees in Puerto
Rico and 75 employees in American Samoa,
for a total of 275 returns. Because Company
X is required to file 250 or more returns
covered by paragraphs (b)(1) and (2) of this
section for the calendar year, Company X
must file Forms 499R–2/W–2PR,
‘‘Commonwealth of Puerto Rico Withholding
Statement,’’ and Forms W–2AS, ‘‘American
Samoa Wage and Tax Statement,’’
electronically.
Example 3. For the 2018 calendar year,
Company Y files 300 original Forms 1099–
MISC, ‘‘Miscellaneous Income.’’ Later,
Company Y files 70 corrected Forms 1099–
MISC for the 2018 calendar year. Because
Company Y is required to file 250 or more
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returns covered by paragraphs (b)(1) and (2)
of this section for the calendar year,
Company Y must file its original 300 Forms
1099–MISC, as well as its 70 corrected Forms
1099–MISC for the 2018 calendar year,
electronically.
*
*
*
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(g) * * *
(2) Paragraphs (a)(1), (b)(1) and (2),
(c)(1)(i), (c)(2), (d), (e), and (f) of this
section are effective for information
returns required to be filed after
December 31, 1996. For information
returns required to be filed after
December 31, 1989, and before January
1, 1997, see section 6011(e) [26 U.S.C.
6011(e)]. Paragraph (b)(4) of this section
is effective for information returns
required to be filed after December 31,
2018. Paragraph (b)(5) of this section is
effective for corrected information
returns filed after December 31, 2018.
*
*
*
*
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■ Par. 3. Section 301.6721–1 is
amended as follows:
■ a. By removing the fifth through
seventh sentences in paragraph (a)(2)(ii).
■ b. Adding paragraph (h).
The revisions and addition reads as
follows:
fireworks display on June 30, 2018. This
proposed rulemaking would prohibit
persons and vessels from being in the
safety zone unless authorized by the
Captain of the Port Hampton Roads or
a designated representative. We invite
your comments on this proposed
rulemaking.
Comments and related material
must be received by the Coast Guard on
or before June 7, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0330 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.
DATES:
If
you have questions about this proposed
rulemaking, call or email LCDR Barbara
Wilk, Waterways Management Division
Chief, Sector Hampton Roads, U.S.
Coast Guard; telephone 757–668–5580,
email HamptonRoadsWaterways@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
§ 301.6721–1 Failure to file correct
information returns.
SUPPLEMENTARY INFORMATION:
*
I. Table of Abbreviations
*
*
*
*
(h) Effective dates. Paragraph (a)(2)(ii)
of this section is effective for
information returns required to be filed
after December 31, 2018.
Kirsten Wielobob
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 2018–11749 Filed 5–30–18; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0330]
RIN 1625–AA00
Safety Zone; Appomattox River,
Hopewell, VA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone for a
marine event on the navigable waters of
the Appomattox River at confluence
with the James River in Hopewell, VA.
This action is necessary to provide for
the safety of life on these navigable
waters in Hopewell, VA, during a
SUMMARY:
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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
II. Background, Purpose, and Legal
Basis
On March 27, 2018, the Hopewell
Recreation and Parks Department
notified the Coast Guard that it will be
conducting a fireworks display from
approximately 9:30 to 9:45 p.m. on June
30, 2018, to serve as the city of
Hopewell’s Fourth of July celebration.
The fireworks are to be launched from
a barge in the Appomattox River near
City Point. Potential hazards from
firework displays include accidental
discharge of fireworks, dangerous
projectiles, and falling hot embers or
other debris. The Captain of the Port
Hampton Roads (COTP) has determined
that potential hazards associated with
the fireworks to be used in this display
would be a safety concern for anyone
within a 234-yard radius of the barge.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within a 234-yard
radius of the fireworks barge before,
during, and after the scheduled event.
The Coast Guard proposes this
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Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Proposed Rules
rulemaking under authority in 33 U.S.C.
1231.
III. Discussion of Proposed Rule
The COTP proposes to establish a
safety zone from 9 to 11 p.m. on June
30, 2018. The safety zone would cover
all navigable waters within 234 yards of
a barge in the Appomattox River at
approximate coordinates: 37°18′52.20″
N, 077°17′12.52″ W. The duration of the
zone is intended to ensure the safety of
vessels and these navigable waters
before, during, and after the scheduled
9:30 to 9:45 p.m. fireworks display. No
vessel or person will 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.
pmangrum on DSK30RV082PROD with PROPOSALS
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-year of the safety zone.
Vessel traffic will be able to safely
transit around this safety zone which
will impact a small designated area of
the Appomattox River at confluence
with the James River in Hopewell, VA,
for 2 hours. Moreover, the Coast Guard
will issue Broadcast Notice to Mariners
via VHF–FM marine channel 16 about
the zone and the rule allows vessels to
seek permission on-scene to enter the
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
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Jkt 244001
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).
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
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24951
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 and
Commandant Instruction M16475.1D,
which guide 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 2 hours
that would prohibit entry within 234
yards of a fireworks barge. 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
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Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Proposed Rules
jeopardizing the safety or security of
people, places, or vessels.
§ 165.T05–0330 Safety Zone, Appomattox
River; Hopewell, VA.
V. Public Participation and Request for
Comments
(a) Definitions. The following
definitions apply to this section: (1)
Captain of the Port means the
Commander, Sector Hampton Roads.
(2) Representative means any Coast
Guard commissioned, warrant or petty
officer who has been authorized to act
on the behalf of the Captain of the Port.
(3) Participants mean individuals and
vessels involved in the fireworks
display.
(b) Location. The following area is a
safety zone: All navigable waters in the
vicinity of the Appomattox River at
confluence with the James River, within
a 234 yard radius of the fireworks
display barge in approximate position
37°18′52.20″ N, 077°17′12.52″ W. (NAD
1983).
(c) Regulations. (1) Except as provided
in paragraph (c)(4) of this section, all
persons are required to comply with the
general regulations governing safety
zones of subpart C of this part.
(2) With the exception of participants,
entry into or remaining in this safety
zone is prohibited unless authorized by
the Captain of the Port, Hampton Roads
or his designated representatives. All
vessels within this safety zone at the
time it is implemented are to depart the
zone immediately.
(3) The Captain of the Port, Hampton
Roads or his representative can be
contacted at telephone number (757)
668–5555. The Coast Guard and
designated security vessels enforcing
the safety zone can be contacted on
VHF–FM marine band radio channel 13
(165.65 Mhz) and channel 16 (156.8
Mhz), or by visual or verbal hailing onscene.
(4) This section does not apply to
participants and vessels that are
engaged in the following operations:
(i) Enforcing laws;
(ii) Servicing aids to navigation, and
(iii) Emergency response vessels.
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:
pmangrum on DSK30RV082PROD with PROPOSALS
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Dated: May 24, 2018.
Richard J. Wester,
Captain of the Port, Hampton Roads.
[FR Doc. 2018–11645 Filed 5–30–18; 8:45 am]
1. The authority citation for part 165
continues to read as follows:
■
BILLING CODE 9110–04–P
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T05–0330 to read as
follows:
■
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2018–0221, FRL–9978–
81—Region 9]
Approval and Promulgation of Air
Quality Implementation Plans; Nevada;
Rescission of Regional Haze Federal
Implementation Plan for the Reid
Gardner Generating Station
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to rescind
the Regional Haze Federal
Implementation Plan (FIP) that we
promulgated on August 23, 2012, to
regulate air pollutant emissions from
Reid Gardner Generating Station Units
1, 2, and 3 (RGGS), previously located
in Clark County, Nevada. The EPA is
proposing this action in response to the
Nevada Division of Environmental
Protection’s (NDEP) request dated
January 16, 2018. The request seeks
rescission of the FIP because RGGS
Units 1–3 have been permanently
decommissioned and are being
dismantled and demolished, as
demonstrated by the supporting
documentation provided by NDEP.
DATES: Any comments on this proposal
must arrive by July 16, 2018. Requests
for a public hearing must be received on
or before June 15, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID number EPA–
R09–OAR–2018–0221, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the Web, cloud, or
other file sharing system). For
additional submission methods, the
EPA’s full public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Proposed Rules]
[Pages 24950-24952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11645]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0330]
RIN 1625-AA00
Safety Zone; Appomattox River, Hopewell, VA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary safety zone
for a marine event on the navigable waters of the Appomattox River at
confluence with the James River in Hopewell, VA. This action is
necessary to provide for the safety of life on these navigable waters
in Hopewell, VA, during a fireworks display on June 30, 2018. This
proposed rulemaking would prohibit persons and vessels from being in
the safety zone unless authorized by the Captain of the Port Hampton
Roads 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 7, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0330 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 LCDR Barbara Wilk, Waterways
Management Division Chief, Sector Hampton Roads, U.S. Coast Guard;
telephone 757-668-5580, 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 27, 2018, the Hopewell Recreation and Parks Department
notified the Coast Guard that it will be conducting a fireworks display
from approximately 9:30 to 9:45 p.m. on June 30, 2018, to serve as the
city of Hopewell's Fourth of July celebration. The fireworks are to be
launched from a barge in the Appomattox River near City Point.
Potential hazards from firework displays include accidental discharge
of fireworks, dangerous projectiles, and falling hot embers or other
debris. The Captain of the Port Hampton Roads (COTP) has determined
that potential hazards associated with the fireworks to be used in this
display would be a safety concern for anyone within a 234-yard radius
of the barge. The purpose of this rulemaking is to ensure the safety of
vessels and the navigable waters within a 234-yard radius of the
fireworks barge before, during, and after the scheduled event. The
Coast Guard proposes this
[[Page 24951]]
rulemaking under authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The COTP proposes to establish a safety zone from 9 to 11 p.m. on
June 30, 2018. The safety zone would cover all navigable waters within
234 yards of a barge in the Appomattox River at approximate
coordinates: 37[deg]18'52.20'' N, 077[deg]17'12.52'' W. The duration of
the zone is intended to ensure the safety of vessels and these
navigable waters before, during, and after the scheduled 9:30 to 9:45
p.m. fireworks display. No vessel or person will 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-year of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small designated area of the Appomattox River at confluence
with the James River in Hopewell, VA, for 2 hours. Moreover, the Coast
Guard will issue Broadcast Notice to Mariners via VHF-FM marine channel
16 about the zone and the rule allows vessels to seek permission on-
scene to enter the 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).
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 and Commandant Instruction M16475.1D, which
guide 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 2 hours
that would prohibit entry within 234 yards of a fireworks barge.
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
[[Page 24952]]
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, 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T05-0330 to read as follows:
Sec. 165.T05-0330 Safety Zone, Appomattox River; Hopewell, VA.
(a) Definitions. The following definitions apply to this section:
(1) Captain of the Port means the Commander, Sector Hampton Roads.
(2) Representative means any Coast Guard commissioned, warrant or
petty officer who has been authorized to act on the behalf of the
Captain of the Port.
(3) Participants mean individuals and vessels involved in the
fireworks display.
(b) Location. The following area is a safety zone: All navigable
waters in the vicinity of the Appomattox River at confluence with the
James River, within a 234 yard radius of the fireworks display barge in
approximate position 37[deg]18'52.20'' N, 077[deg]17'12.52'' W. (NAD
1983).
(c) Regulations. (1) Except as provided in paragraph (c)(4) of this
section, all persons are required to comply with the general
regulations governing safety zones of subpart C of this part.
(2) With the exception of participants, entry into or remaining in
this safety zone is prohibited unless authorized by the Captain of the
Port, Hampton Roads or his designated representatives. All vessels
within this safety zone at the time it is implemented are to depart the
zone immediately.
(3) The Captain of the Port, Hampton Roads or his representative
can be contacted at telephone number (757) 668-5555. The Coast Guard
and designated security vessels enforcing the safety zone can be
contacted on VHF-FM marine band radio channel 13 (165.65 Mhz) and
channel 16 (156.8 Mhz), or by visual or verbal hailing on-scene.
(4) This section does not apply to participants and vessels that
are engaged in the following operations:
(i) Enforcing laws;
(ii) Servicing aids to navigation, and
(iii) Emergency response vessels.
Dated: May 24, 2018.
Richard J. Wester,
Captain of the Port, Hampton Roads.
[FR Doc. 2018-11645 Filed 5-30-18; 8:45 am]
BILLING CODE 9110-04-P
