Safety Zone; Tumon Bay, Tumon, GU, 50310-50312 [2018-21621]
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50310
Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Proposed Rules
no costs will be incurred by issuers and
underwriters as a result of the proposed
amendment to the Rule 15Ga–2
exemption.
The Commission encourages written
comments regarding this certification.
We solicit comment as to whether the
proposed amendments to Rule 17g–
5(a)(3), Rule 17g–7(a), and Rule 15Ga–
2 could have a significant economic
impact on a substantial number of small
entities. The Commission requests that
commenters describe the nature of any
impact on small entities and provide
empirical data to support the extent of
such impact.
VIII. Statutory Authority
The Commission is proposing an
amendment to 17 CFR 240.17g–5(a)(3),
17 CFR 240.17g–7(a), and 17 CRF
240.15Ga–2 pursuant to the authority
conferred by the Exchange Act,
including Sections 15E, 17(a), and 36
(15 U.S.C. 78o–7, 78q, and 78mm).
List of Subjects in 17 CFR Part 240
Reporting and recordkeeping
requirements, Securities.
Text of Proposed Amendment
In accordance with the foregoing, the
Commission proposes that title 17,
chapter II of the Code of Federal
Regulations be amended as follows:
PART 240—GENERAL RULES AND
REGULATIONS, SECURITIES
EXCHANGE ACT OF 1934
1. The authority citation for part 240
continues to read as follows:
■
Authority: 15 U.S.C. 77c, 77d, 77g, 77j,
77s, 77z–2, 77z–3, 77eee, 77ggg, 77nnn,
77sss, 77ttt, 78c, 78c–3, 78c–5, 78d, 78e, 78f,
78g, 78i, 78j, 78j–1, 78k, 78k–1, 78l, 78m,
78n, 78n–1, 78o, 78o–4, 78o–10, 78p, 78q,
78q–1, 78s, 78u–5, 78w, 78x, 78ll, 78mm,
80a–20, 80a–23, 80a–29, 80a–37, 80b–3, 80b–
4, 80b–11, 7201 et seq.; and 8302; 7 U.S.C.
2(c)(2)(E); 12 U.S.C. 5221(e)(3); 18 U.S.C.
1350; and Pub. L. 111–203, 939A, 124 Stat.
1887 (2010); and secs. 503 and 602, Pub. L.
112–106, 126 Stat. 326 (2012), unless
otherwise noted.
*
*
*
*
*
Section 240.15Ga–2 is also issued under
sec. 943, Public Law 111–203, 124 Stat. 1376.
*
*
*
*
*
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Section 240.17g–7 is also issued under sec.
943, Public Law 111–203, 124 Stat. 1376.
*
*
*
*
*
2. Amend § 240.15Ga–2 by revising
paragraph (e) to read as follows:
■
§ 240.15Ga–2 Findings and conclusions of
third-party due diligence reports.
*
*
*
*
*
(e) The requirements of this rule
would not apply to an offering of an
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asset-backed security if certain
conditions are met, including:
(1) The offering is not required to be,
and is not, registered under the
Securities Act of 1933;
(2) The issuer of the rated security is
not a U.S. person (as defined in
§ 230.902(k)); and
(3) All offers and sales of the security
by any issuer, sponsor, or underwriter
linked to the security will occur outside
the United States (as that phrase is used
in §§ 230.901 through 230.905
(Regulation S)).
*
*
*
*
*
■ 3. Amend § 240.17g–5 by adding
paragraph (a)(3)(iv) to read as follows:
§ 240.17g–5
Disclosure requirements.
(a) * * *
(3) Exemption. The provisions of
paragraphs (a)(1) and (2) of this section
do not apply to a rating action if:
(i) The rated obligor or issuer of the
rated security or money market
instrument is not a U.S. person (as
defined in § 230.902(k) of this chapter);
and
(ii) The nationally recognized
statistical rating organization has a
reasonable basis to conclude that:
(A) With respect to any security or
money market instrument issued by a
rated obligor, all offers and sales by any
issuer, sponsor, or underwriter linked to
the security or money market
instrument will occur outside the
United States (as that phrase is used in
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By the Commission.
Dated: September 26, 2018.
Brent J. Fields,
Secretary.
[FR Doc. 2018–21295 Filed 10–4–18; 8:45 am]
BILLING CODE 8011–01–P
Conflicts of interest.
(a) * * *
(3) * * *
(iv) The provisions of paragraphs
(a)(3)(i) through (iii) of this section will
not apply to a nationally recognized
statistical rating organization when
issuing or maintaining a credit rating for
a security or money market instrument
issued by an asset pool or as part of any
asset-backed securities transaction, if:
(A) The issuer of the security or
money market instrument is not a U.S.
person (as defined in § 230.902(k) of this
chapter); and
(B) The nationally recognized
statistical rating organization has a
reasonable basis to conclude that all
offers and sales of the security or money
market instrument by any issuer,
sponsor, or underwriter linked to the
security or money market instrument
will occur outside the United States (as
that phrase is used in §§ 230.901
through 230.905 (Regulation S) of this
chapter).
*
*
*
*
*
■ 4. Amend § 240.17g–7 by revising
paragraph (a)(3) to read as follows:
§ 240.17g–7
§§ 230.901 through 230.905 (Regulation
S) of this chapter); or
(B) With respect to a rated security or
money market instrument, all offers and
sales by any issuer, sponsor, or
underwriter linked to the security or
money market instrument will occur
outside the United States (as that phrase
is used in §§ 230.901 through 230.905
(Regulation S) of this chapter).
*
*
*
*
*
Fmt 4702
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0864]
RIN 1625–AA00
Safety Zone; Tumon Bay, Tumon, GU
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone for
navigable waters within a 190 yard
radius of a fireworks barge located in
Tumon Bay for the New Year’s Eve
Fireworks display. The Coast Guard
believes this safety zone is necessary to
protect the public from potential
hazards created by the fireworks display
fallout. This proposed rulemaking
would prohibit persons and vessels
from being in the safety zone unless
authorized by the Captain of the Port
Guam (COTP). We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before November 5, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0864 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 Chief Todd
Wheeler, Waterways Management, U.S.
Coast Guard; telephone 671–355–4566,
email wwmguam@uscg.mil.
SUMMARY:
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Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Proposed Rules
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
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
The fireworks display is anticipated
to be from midnight on December 31,
2018 through 00:30 a.m. on January 1,
2019, to celebrate New Year’s Eve. The
fireworks are to be launched from a
barge in Tumon Bay approximately 350
yards north of Joseph F. Flores Beach
Park. Hazards from fireworks displays
include accidental discharge of
fireworks, dangerous projectiles, and
falling hot embers or other debris. The
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 190 yard
radius of the barge.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within a 190 yard
radius 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.
daltland on DSKBBV9HB2PROD with PROPOSALS
III. Discussion of Proposed Rule
The COTP proposes to establish a
safety zone from 9 p.m. on December 31,
2018 through 1 a.m. on January 1, 2019.
The safety zone would cover all
navigable waters within 190 yards of the
fireworks barge. The safety zone will
cover all navigable waters within a 190
yards of the barge. The duration of the
zone is intended to protect the public
before, during, and after the 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
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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
Tumon Bay for 4 hours. This is a low
traffic area that consists mainly of
outrigger canoes and sail boards during
daylight hours. Moreover, the Coast
Guard will issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the safety zone, and the rule
allows vessels to seek permission 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
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50311
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
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Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Proposed Rules
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 4 hours
that would prohibit entry within 190
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.
daltland on DSKBBV9HB2PROD with PROPOSALS
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
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16:31 Oct 04, 2018
Jkt 247001
and can be viewed by following that
website’s instructions. Additionally,
you may go to the online docket and
sign up for email alerts, and 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 record-keeping
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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 3 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.T14–0864 to read as
follows:
■
§ 165. T14–0864
Tumon, GU.
Safety Zone; Tumon Bay,
(a) Location. The following areas,
within the Guam Captain of the Port
(COTP) Zone (See 33 CFR 3.70–15), all
navigable waters on the surface and
below the surface within 190 yards of
the fireworks barge participating in the
New Year’s Eve Fireworks display.
(1) Location. The following position
13 degrees 30 minutes 24.99 seconds N
Latitude, 144 degrees 47 minutes 21.93
seconds E Longitude are to be used as
a guide to the location of the barge.
(b) Effective Dates. This rule is
effective from 9 p.m. on December 31,
2018 through 1 a.m. on January 1, 2019.
(c) Enforcement. Any Coast Guard
commissioned, warrant, or petty officer,
and any other COTP representative
permitted by law, may enforce this
temporary safety zone.
(d) Waiver. The COTP may waive any
of the requirements of this rule for any
person, vessel, or class of vessel upon
finding that application of the safety
zone is unnecessary or impractical for
the purpose of maritime security.
(g) Penalties. Vessels or persons
violating this rule are subject to the
penalties set forth in 33 U.S.C. 1232 and
50 U.S.C. 192.
Dated: October 1, 2018.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the
Port, Guam.
[FR Doc. 2018–21621 Filed 10–4–18; 8:45 am]
BILLING CODE 9110–04–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2017–0145; 9983–65–
Region 6]
Approval and Promulgation of State
Implementation Plan, Oklahoma;
Supplemental Notice of Proposed
Rulemaking
Environmental Protection
Agency (EPA).
ACTION: Supplemental notice of
proposed rulemaking, withdrawal of
proposed rule.
AGENCY:
In this supplemental notice of
proposed rulemaking, the
Environmental Protection Agency (EPA)
is supplementing our proposed approval
published on March 22, 2018, of
revisions to the State Implementation
Plan (SIP) for Oklahoma, as submitted
by the State of Oklahoma designee with
a letter dated February 14, 2017. First,
we are reopening the comment period
based on information submitted by
Oklahoma in a letter dated July 31,
2018, and our analysis of it. Second,
EPA is withdrawing its proposed action
on the Commercial and Industrial Solid
Waste Incineration Units rule because
the State did not submit it for approval
as a SIP revision.
DATES: Written comments must be
received on or before November 5, 2018.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2017–0145, at https://
www.regulations.gov or via email to
shar.alan@epa.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, please contact Mr. Alan Shar,
(214) 665–6691, shar.alan@epa.gov. For
the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)]
[Proposed Rules]
[Pages 50310-50312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21621]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0864]
RIN 1625-AA00
Safety Zone; Tumon Bay, Tumon, GU
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary safety zone
for navigable waters within a 190 yard radius of a fireworks barge
located in Tumon Bay for the New Year's Eve Fireworks display. The
Coast Guard believes this safety zone is necessary to protect the
public from potential hazards created by the fireworks display fallout.
This proposed rulemaking would prohibit persons and vessels from being
in the safety zone unless authorized by the Captain of the Port Guam
(COTP). We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before November 5, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0864 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 Chief Todd Wheeler, Waterways
Management, U.S. Coast Guard; telephone 671-355-4566, email
[email protected].
[[Page 50311]]
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
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
The fireworks display is anticipated to be from midnight on
December 31, 2018 through 00:30 a.m. on January 1, 2019, to celebrate
New Year's Eve. The fireworks are to be launched from a barge in Tumon
Bay approximately 350 yards north of Joseph F. Flores Beach Park.
Hazards from fireworks displays include accidental discharge of
fireworks, dangerous projectiles, and falling hot embers or other
debris. The 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 190 yard radius of the barge.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 190 yard radius 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 9 p.m. on
December 31, 2018 through 1 a.m. on January 1, 2019. The safety zone
would cover all navigable waters within 190 yards of the fireworks
barge. The safety zone will cover all navigable waters within a 190
yards of the barge. The duration of the zone is intended to protect the
public before, during, and after the 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-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 Tumon Bay for 4 hours. This is a low
traffic area that consists mainly of outrigger canoes and sail boards
during daylight hours. Moreover, the Coast Guard will issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the safety zone,
and the rule allows vessels to seek permission 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
[[Page 50312]]
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 4 hours that would prohibit entry within 190 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 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, you may go to the online docket and sign up
for email alerts, and 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 record-
keeping 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: 3 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. 165.T14-0864 to read as follows:
Sec. 165. T14-0864 Safety Zone; Tumon Bay, Tumon, GU.
(a) Location. The following areas, within the Guam Captain of the
Port (COTP) Zone (See 33 CFR 3.70-15), all navigable waters on the
surface and below the surface within 190 yards of the fireworks barge
participating in the New Year's Eve Fireworks display.
(1) Location. The following position 13 degrees 30 minutes 24.99
seconds N Latitude, 144 degrees 47 minutes 21.93 seconds E Longitude
are to be used as a guide to the location of the barge.
(b) Effective Dates. This rule is effective from 9 p.m. on December
31, 2018 through 1 a.m. on January 1, 2019.
(c) Enforcement. Any Coast Guard commissioned, warrant, or petty
officer, and any other COTP representative permitted by law, may
enforce this temporary safety zone.
(d) Waiver. The COTP may waive any of the requirements of this rule
for any person, vessel, or class of vessel upon finding that
application of the safety zone is unnecessary or impractical for the
purpose of maritime security.
(g) Penalties. Vessels or persons violating this rule are subject
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
Dated: October 1, 2018.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2018-21621 Filed 10-4-18; 8:45 am]
BILLING CODE 9110-04-P
