Safety Zone for Fireworks Displays; Upper Potomac River, Washington Channel, DC, 56768-56770 [2018-24773]
Download as PDF
<![CDATA[
56768
Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Proposed Rules
this chapter), expanding the list of
distributions deemed to be made on
account of immediate and heavy
financial needs and setting forth
additional methods to demonstrate that
a distribution is necessary to satisfy an
immediate and heavy financial need.
(v) Effective/applicability date—(A)
General rule. This paragraph (d)(3)
applies to distributions made in plan
years beginning after December 31,
2018. Except as otherwise provided in
this paragraph (d)(3)(v), the rules in 26
CFR 1.401(k)–1(d)(3) (revised as of April
1, 2018) apply to distributions made in
plan years beginning before January 1,
2019.
(B) Options for earlier application.
The last sentence of paragraph
(d)(3)(iii)(C) of this section (prohibiting
the suspension of contributions as a
condition of obtaining a hardship
distribution) may be applied as of the
first day of the first plan year beginning
after December 31, 2018, even if the
distribution was made in the prior plan
year. Thus, for example, a calendar-year
plan that provides for hardship
distributions under the rules in 26 CFR
1.401(k)–1(d)(3)(iv)(E) (revised as of
April 1, 2018) may be amended to
provide that an employee who receives
a hardship distribution in the second
half of the 2018 plan year will be
prohibited from making contributions
only until January 1, 2019 (or may
continue to provide that contributions
will be suspended for the originally
scheduled 6 months). In addition,
paragraph (d)(3)(ii)(B) of this section
may be applied to distributions made on
or after a date that is as early as January
1, 2018.
*
*
*
*
*
■ Par. 3. Section 1.401(k)–3 is amended
by:
■ 1. Revising paragraph (c)(6)(v).
■ 2. Removing the language ‘‘, and, in
the case of a hardship distribution,
suspends an employee’s ability to make
elective contributions for 6 months in
accordance with § 1.401(k)–
1(d)(3)(iv)(E)’’ in the fifth sentence in
paragraph (c)(7), Example 1.
■ 3. Removing the second sentence in
paragraph (j)(2)(iv).
The revision reads as follows:
§ 1.401(k)–3
Safe harbor requirements.
*
*
*
*
*
(c) * * *
(6) * * *
(v) Restrictions due to limitations
under the Internal Revenue Code. A
plan may limit the amount of elective
contributions made by an eligible
employee under a plan—
(A) Because of the limitations of
section 402(g) or 415;
VerDate Sep<11>2014
18:15 Nov 13, 2018
Jkt 247001
(B) Due to a suspension under section
414(u)(12)(B)(ii); or
(C) Because, on account of a hardship
distribution made before January 1,
2020, an employee’s ability to make
elective contributions has been
suspended for 6 months.
*
*
*
*
*
§ 1.401(k)–6
[Amended]
Par. 4. Section 1.401(k)–6 is amended
by:
■ 1. Removing the fourth sentence in
paragraph (2) of the definition of
Eligible employee.
■ 2. Removing the language ‘‘, except as
provided otherwise in § 1.401(k)–1(c)
and (d),’’ in the definitions of Qualified
matching contributions (QMACs) and
Qualified nonelective contributions
(QNECs).
■ Par. 5. Section 1.401(m)–3 is amended
by revising paragraph (d)(6)(v) to read as
follows:
■
§ 1.401(m)–3
Safe harbor requirements.
*
*
*
*
*
(d) * * *
(6) * * *
(v) Restrictions due to limitations
under the Internal Revenue Code. A
plan may limit the amount of
contributions made by an eligible
employee under a plan—
(A) Because of the limitations of
section 402(g) or section 415;
(B) Due to a suspension under section
414(u)(12)(B)(ii); or
(C) Because, on account of a hardship
distribution made before January 1,
2020, an employee’s ability to make
contributions has been suspended for 6
months.
*
*
*
*
*
Kirsten Wielobob,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 2018–24812 Filed 11–9–18; 4:15 pm]
BILLING CODE 4830–01–P
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–1011]
RIN 1625–AA00
Safety Zone for Fireworks Displays;
Upper Potomac River, Washington
Channel, DC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
The Coast Guard is proposing
to establish a temporary safety zone for
SUMMARY:
PO 00000
Frm 00027
Fmt 4702
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.
FOR FURTHER INFORMATION CONTACT:
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
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
DEPARTMENT OF HOMELAND
SECURITY
ACTION:
certain waters of the Upper Potomac
River. This action is necessary to
provide for the safety of life on these
navigable waters of the Washington
Channel adjacent to The Wharf DC,
Washington, DC, for recurring fireworks
displays from January 12, 2019, through
December 31, 2019. This proposed
rulemaking would prohibit persons and
vessels from being in 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 December 14, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–1011 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.
Sfmt 4702
On October 30, 2018, Pyrotecnico,
Inc., of New Castle, PA, notified the
Coast Guard that it will be conducting
fireworks displays, sponsored by The
Wharf DC, from 7 p.m. to 11:59 p.m. for
various events from January 12, 2019,
through December 31, 2019. The
fireworks are to be launched from a
barge in the Washington Channel,
adjacent to The Wharf DC in
Washington, DC. Hazards from the
fireworks displays include accidental
discharge of fireworks, dangerous
projectiles, and falling hot embers or
other debris. The Captain of the Port
Maryland-National Capital Region
(COTP) has determined that potential
hazards associated with the fireworks to
E:\FR\FM\14NOP1.SGM
14NOP1
Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Proposed Rules
be used in these displays would be a
safety concern for anyone within 200
feet of the fireworks barge.
The purpose of this rulemaking is to
ensure the safety of vessels on the
navigable waters within 200 feet of the
fireworks barge on the Washington
Channel before, during, and after the
scheduled events. 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
temporary recurring safety zone in the
Washington Channel from January 12,
2019, through December 31, 2019. The
safety zone would cover all navigable
waters of the Washington Channel
within 200 feet of the fireworks barge.
It is anticipated that the safety zone will
be activated for eight separate events
during 2019. For each event, the barge
will be located within an area bounded
on the south by latitude 38°52′30″ W,
and bounded on the north by the
Francis Case (I–395) Memorial Bridge,
located at Washington, DC. The safety
zone would be enforced from 7 p.m.
until 11:59 p.m. for each fireworks
display scheduled from January 12,
2019, through December 31, 2019. The
duration of the safety zone is intended
to ensure the safety of vessels and these
navigable waters before, during, and
after the scheduled 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
VerDate Sep<11>2014
18:15 Nov 13, 2018
Jkt 247001
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, duration, and timeof-day of the safety zone. It is
anticipated that the safety zone will be
activated for eight separate events
during 2019. Although vessel traffic will
not be able to safely transit around this
safety zone when being enforced, the
impact would be for less than 5 hours
during the evening when vessel traffic
in Washington Channel is normally low.
Moreover, the Coast Guard will issue a
Broadcast Notice to Mariners via VHF–
FM marine channel 16 about 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
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
56769
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 Management Directive 023–01
and Commandant Instruction
M16475.lD, 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 that will be in
effect for the entire year, however, when
activated, lasting less than 5 hours that
E:\FR\FM\14NOP1.SGM
14NOP1
56770
Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Proposed Rules
would prohibit entry within a portion of
the Washington Channel. 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.
VerDate Sep<11>2014
18:15 Nov 13, 2018
Jkt 247001
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
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;
and; Department of Homeland Security
Delegation No. 0170.1.
2. Add § 165.T05–1011 to read as
follows:
■
§ 165.T05–1011 Safety Zone for Fireworks
Displays, Upper Potomac River,
Washington Channel, Washington, DC.
(a) Location. The following area is a
safety zone: All navigable waters of the
Washington Channel within 200 feet of
the fireworks barge which will be
located within an area bounded on the
south by latitude 38°52′30″ W, and
bounded on the north by the southern
extent of the Francis Case (I–395)
Memorial Bridge, located at
Washington, DC. All coordinates refer to
datum NAD 1983.
(b) Definitions. As used in this
section:
(1) Captain of the Port (COTP) 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 enforcing the safety zone
described in paragraph (a) of this
section.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
All vessels underway within this safety
zone at the time it is activated are to
depart the zone.
(2) To seek permission to enter,
contact the COTP or the COTP’s
designated representative by telephone
at 410–576–2693 or on Marine Band
Radio VHF–FM channel 16 (156.8
MHz). The Coast Guard vessels
enforcing this section can be contacted
on Marine Band Radio VHF–FM
channel 16 (156.8 MHz).
(3) Those in the safety zone must
comply with all lawful orders or
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
directions given to them by the COTP or
the COTP’s designated representative.
(d) Enforcement officials. The U.S.
Coast Guard may be assisted in the
patrol and enforcement of the safety
zone by Federal, State, and local
agencies.
(e) Enforcement. This safety zone will
be enforced January 12, 2019, through
December 31, 2019, from 7 p.m. to 11:59
p.m. each day that a barge with a
‘‘FIREWORKS—DANGER—STAY
AWAY’’ sign on the port and starboard
sides is on-scene or a ‘‘FIREWORKS—
DANGER—STAY AWAY’’ sign is
posted on land adjacent to the shoreline,
near the location described in paragraph
(a) of this section. The enforcement
times of this section are subject to
change, but the duration of each
enforcement of the zone is expected to
be 5 hours or less. Prior to enforcement,
the COTP will provide notice by
publishing a Notice of Enforcement in
the Federal Register, as well as issuing
a Broadcast Notice to Mariners.
Dated: November 7, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2018–24773 Filed 11–13–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2018–0675; FRL–9985–91–
Region 6]
Air Plan Approval; Texas; Reasonably
Available Control Technology
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to convert its
September 22, 2017 conditional
approval of revisions to the Texas State
Implementation Plan (SIP), addressing
Oxides of Nitrogen (NOX) Reasonably
Available Control Technology (RACT)
for the TXI Operations, LP (Texas
Industries, Inc., TXI) cement
manufacturing plant in Ellis County, to
full approval. The August 21, 2018 SIP
submittal satisfies Texas’ commitment
which was the basis for our conditional
approval of NOX RACT for this plant.
Final approval of this SIP submittal will
convert our earlier conditional approval
to full approval. We are taking this
action in accordance with the Clean Air
Act (CAA, the Act) requirements.
SUMMARY:
E:\FR\FM\14NOP1.SGM
14NOP1
]]>Agencies
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Proposed Rules]
[Pages 56768-56770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24773]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-1011]
RIN 1625-AA00
Safety Zone for Fireworks Displays; Upper Potomac River,
Washington Channel, DC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of the Upper Potomac River. This action is
necessary to provide for the safety of life on these navigable waters
of the Washington Channel adjacent to The Wharf DC, Washington, DC, for
recurring fireworks displays from January 12, 2019, through December
31, 2019. This proposed rulemaking would prohibit persons and vessels
from being in 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 December 14, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-1011 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 October 30, 2018, Pyrotecnico, Inc., of New Castle, PA, notified
the Coast Guard that it will be conducting fireworks displays,
sponsored by The Wharf DC, from 7 p.m. to 11:59 p.m. for various events
from January 12, 2019, through December 31, 2019. The fireworks are to
be launched from a barge in the Washington Channel, adjacent to The
Wharf DC in Washington, DC. Hazards from the fireworks displays include
accidental discharge of fireworks, dangerous projectiles, and falling
hot embers or other debris. The Captain of the Port Maryland-National
Capital Region (COTP) has determined that potential hazards associated
with the fireworks to
[[Page 56769]]
be used in these displays would be a safety concern for anyone within
200 feet of the fireworks barge.
The purpose of this rulemaking is to ensure the safety of vessels
on the navigable waters within 200 feet of the fireworks barge on the
Washington Channel before, during, and after the scheduled events. 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 temporary recurring safety zone in
the Washington Channel from January 12, 2019, through December 31,
2019. The safety zone would cover all navigable waters of the
Washington Channel within 200 feet of the fireworks barge. It is
anticipated that the safety zone will be activated for eight separate
events during 2019. For each event, the barge will be located within an
area bounded on the south by latitude 38[deg]52'30'' W, and bounded on
the north by the Francis Case (I-395) Memorial Bridge, located at
Washington, DC. The safety zone would be enforced from 7 p.m. until
11:59 p.m. for each fireworks display scheduled from January 12, 2019,
through December 31, 2019. The duration of the safety zone is intended
to ensure the safety of vessels and these navigable waters before,
during, and after the scheduled 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,
duration, and time-of-day of the safety zone. It is anticipated that
the safety zone will be activated for eight separate events during
2019. Although vessel traffic will not be able to safely transit around
this safety zone when being enforced, the impact would be for less than
5 hours during the evening when vessel traffic in Washington Channel is
normally low. Moreover, the Coast Guard will issue a Broadcast Notice
to Mariners via VHF-FM marine channel 16 about 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 Management Directive 023-01 and Commandant Instruction
M16475.lD, 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 that will be in effect for the entire year, however, when
activated, lasting less than 5 hours that
[[Page 56770]]
would prohibit entry within a portion of the Washington Channel.
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; and; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T05-1011 to read as follows:
Sec. 165.T05-1011 Safety Zone for Fireworks Displays, Upper Potomac
River, Washington Channel, Washington, DC.
(a) Location. The following area is a safety zone: All navigable
waters of the Washington Channel within 200 feet of the fireworks barge
which will be located within an area bounded on the south by latitude
38[deg]52'30'' W, and bounded on the north by the southern extent of
the Francis Case (I-395) Memorial Bridge, located at Washington, DC.
All coordinates refer to datum NAD 1983.
(b) Definitions. As used in this section:
(1) Captain of the Port (COTP) 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 enforcing the safety
zone described in paragraph (a) of this section.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative. All vessels underway within this
safety zone at the time it is activated are to depart the zone.
(2) To seek permission to enter, contact the COTP or the COTP's
designated representative by telephone at 410-576-2693 or on Marine
Band Radio VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels
enforcing this section can be contacted on Marine Band Radio VHF-FM
channel 16 (156.8 MHz).
(3) Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(d) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
(e) Enforcement. This safety zone will be enforced January 12,
2019, through December 31, 2019, from 7 p.m. to 11:59 p.m. each day
that a barge with a ``FIREWORKS--DANGER--STAY AWAY'' sign on the port
and starboard sides is on-scene or a ``FIREWORKS--DANGER--STAY AWAY''
sign is posted on land adjacent to the shoreline, near the location
described in paragraph (a) of this section. The enforcement times of
this section are subject to change, but the duration of each
enforcement of the zone is expected to be 5 hours or less. Prior to
enforcement, the COTP will provide notice by publishing a Notice of
Enforcement in the Federal Register, as well as issuing a Broadcast
Notice to Mariners.
Dated: November 7, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2018-24773 Filed 11-13-18; 8:45 am]
BILLING CODE 9110-04-P
