Safety Zone for Fireworks Display; Spa Creek, Annapolis, MD, 60802-60804 [2018-25841]
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60802
Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Proposed Rules
Exchange Act, and registration
statements under the Securities Act as
well as the Investment Company Act.
The amendments also transferred from
Forms 10–Q and 10–K to Form 8–K the
requirement to disclose shareholder
voting rights.
Prior RFA Analysis: A Final
Regulatory Flexibility Act Analysis was
prepared in accordance with 5 U.S.C.
604 in conjunction with the adoption of
Release No. 33–9089 (Dec. 16, 2009).
The Commission requested comment on
the Initial Regulatory Flexibility Act
Analysis included in the proposing
release, Release No. 33–9052 (July 10,
2009), but received no comments
specifically addressing it. Other
comments received that addressed
aspects of the proposed rule that could
potentially affect small entities were
considered in the proposing release,
however.
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Title: Custody of Funds or Securities
of Clients by Investment Advisers.
Citation: 17 CFR 275.204–2, 17 CFR
275.206(4)–2, 17 CFR 279.1, and 17 CFR
279.8.
Authority: 15 U.S.C. 80b–6(4) 80b–
3(c)(1), 80b–4, 80b11 and 80b–11(a).
Description: The Commission adopted
amendments to the custody and
recordkeeping rules under the
Investment Advisers Act of 1940 and
related forms. The amendments were
designed to provide additional
safeguards under the Advisers Act when
a registered adviser has custody of client
funds or securities by requiring such an
adviser, among other things: To undergo
an annual surprise examination by an
independent public accountant to verify
client assets; to have the qualified
custodian maintaining client funds and
securities send account statements
directly to the advisory clients; and
unless client assets are maintained by
an independent custodian (i.e., a
custodian that is not the adviser itself or
a related person), to obtain, or receive
from a related person, a report of the
internal controls relating to the custody
of those assets from an independent
public accountant that is registered with
and subject to regular inspection by the
Public Company Accounting Oversight
Board. Finally, the amended custody
rule and forms provide the Commission
and the public with better information
about the custodial practices of
registered investment advisers.
Prior RFA Analysis: A Final
Regulatory Flexibility Analysis was
prepared in accordance with 5 U.S.C.
604 in conjunction with the
Commission’s adoption of Release No.
IA–2968 (Dec. 30, 2009). In the adopting
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release, the Commission considered
comments received on the Initial
Regulatory Flexibility Analysis included
in the proposing release, Release No.
IA–2876 (May 20, 2009).
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By the Commission.
Dated: November 21, 2018.
Brent J. Fields,
Secretary.
[FR Doc. 2018–25861 Filed 11–26–18; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–1021]
RIN 1625–AA00
Safety Zone for Fireworks Display; Spa
Creek, Annapolis, MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone for
certain waters of Spa Creek. This action
is necessary to provide for the safety of
life on these navigable waters of Spa
Creek at Annapolis, MD, during a
fireworks display on December 31,
2018. This proposed rulemaking would
prohibit persons and vessels from being
in the safety zone unless authorized by
the Captain of the Port MarylandNational 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 12, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–1021 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.
SUMMARY:
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:
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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
On October 17, 2018, Pyrotecnico,
Inc., of New Castle, PA, notified the
Coast Guard that it will be conducting
a fireworks display from 11:55 p.m. on
December 31, 2018 to 12:30 a.m. on
January 1, 2019, sponsored by the City
of Annapolis, MD. The fireworks are to
be launched from a barge in Spa Creek,
in Annapolis, MD. Additional details
were received on November 5, 2018.
Hazards from the fireworks display
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 be used in this display
would be a safety concern for anyone
within 400 feet of the fireworks barge.
The purpose of this rulemaking is to
ensure the safety of vessels on the
navigable waters within 400 feet of the
fireworks barge on Spa Creek 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
temporary safety zone in Spa Creek from
11 p.m. on December 31, 2018 through
1 a.m. on January 1, 2019. The safety
zone would cover all navigable waters
within 400 feet of the fireworks barge in
Spa Creek within 400 feet of the
fireworks barge in approximate position
latitude 38°58′32.48″ N, longitude
076°28′57.55″ W, located at Annapolis,
MD. 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
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Executive orders and we discuss First
Amendment rights of protestors.
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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 timeof-day of the safety zone. Although
vessel traffic will not be able to safely
transit around this safety zone, the
impact would be for 2 hours during the
evening when vessel traffic in Spa Creek
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
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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.
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60803
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 lasting two hours
that would prohibit entry within a
portion of Spa Creek. 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://
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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
(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 period. This section
will be enforced from 11 p.m. on
December 31, 2018 through 1 a.m. on
January 1, 2019.
Dated: November 21, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2018–25841 Filed 11–26–18; 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, and 160.5;
and; Department of Homeland Security
Delegation No. 0170.1.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
2. Add § 165.T05–1021 to read as
follows:
42 CFR Part 121
§ 165.T05–1021 Safety Zone for Fireworks
Display; Spa Creek, Annapolis, MD.
RIN 0906–AB02
(a) Location. The following area is a
safety zone: All navigable waters of Spa
Creek within 400 feet of the fireworks
barge in approximate position latitude
38°58′32.48″ N, longitude 076°28′57.55″
W, located at Annapolis, MD. 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.
Change to the Definition of ‘‘Human
Organ’’ Under Section 301 of the
National Organ Transplant Act of 1984;
Withdrawal
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Division of Transplantation,
5600 Fishers Lane, Room 8W63,
Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT:
Frank L. Holloman, MPA, Acting
Division Director, Division of
Transplantation, 5600 Fishers Lane,
Room 8W63, Rockville, MD 20852.
Telephone: (301) 443–7577.
SUPPLEMENTARY INFORMATION:
On March 1, 2017, President Trump
issued Executive Order 13777,
‘‘Enforcing the Regulatory Reform
Agenda,’’ to implement and enforce
regulatory reform (82 FR 12285 2/24/
2017). Executive Order 13777 directed
each Federal agency to establish a
Regulatory Reform Task Force to
identify regulations that are ‘‘outdated,
unnecessary, or ineffective.’’ In
accordance with guidance from
Executive Orders 13777 and 13771
(January 30, 2017, titled ‘‘Regulatory
Freeze Pending Review’’), HHS’s Task
Force identified the proposed change in
definition of ‘‘human organ’’ as a
candidate for withdrawal at this time.
ADDRESSES:
Dated: November 13, 2018.
George Sigounas,
Administrator, Health Resources and Services
Administration.
Dated: November 20, 2018.
Alex M. Azar II,
Secretary, Department of Health and Human
Services.
[FR Doc. 2018–25833 Filed 11–26–18; 8:45 am]
BILLING CODE 4165–15–P
FEDERAL COMMUNICATIONS
COMMISSION
Health Resources and Services
Administration (HRSA), Department of
Health and Human Services (HHS).
ACTION: Proposed rule; Withdrawal.
47 CFR Part 76
This document withdraws a
proposed rule published in the Federal
Register on October 2, 2013. The
proposed rule sought public comment
on the proposed change in the
definition of ‘‘human organ’’ in section
301 of the National Organ and
Transplant Act of 1984, as amended,
(NOTA) to explicitly incorporate
hematopoietic stem cells within
peripheral blood in the definition of
‘‘bone marrow.’’ HHS received over 500
comments on the proposed rule. Given
the number of substantive comments, at
this time HHS has decided to consider
the issue further and may issue an
NPRM in the future.
DATES: The proposed rule published on
October 2, 2013 (78 FR 60810) is
withdrawn as of November 27, 2018.
Modernization of Media Regulation
Initiative: Revisions to Cable
Television Rate Regulations
AGENCY:
SUMMARY:
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[MB Docket Nos. 17–105, 02–144; MM
Docket Nos. 92–266, 93–215; CS Docket No.
94–28; FCC 18–148]
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the
Commission seek comment on whether
to replace and simplify the
Commission’s cable rate-regulation
framework. We also seek comment on
decisions to deregulate rates charged for
equipment used to receive service tiers
that have been deregulated, deregulate
some small systems owned by small
cable companies and clarify that the rate
regulations do not apply to services
provided to commercial entities. Lastly,
we seek comment on our decision to
SUMMARY:
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Agencies
[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Proposed Rules]
[Pages 60802-60804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25841]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-1021]
RIN 1625-AA00
Safety Zone for Fireworks Display; Spa Creek, Annapolis, MD
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary safety zone
for certain waters of Spa Creek. This action is necessary to provide
for the safety of life on these navigable waters of Spa Creek at
Annapolis, MD, during a fireworks display on December 31, 2018. 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 12, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-1021 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 17, 2018, Pyrotecnico, Inc., of New Castle, PA, notified
the Coast Guard that it will be conducting a fireworks display from
11:55 p.m. on December 31, 2018 to 12:30 a.m. on January 1, 2019,
sponsored by the City of Annapolis, MD. The fireworks are to be
launched from a barge in Spa Creek, in Annapolis, MD. Additional
details were received on November 5, 2018. Hazards from the fireworks
display 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 be used in this
display would be a safety concern for anyone within 400 feet of the
fireworks barge.
The purpose of this rulemaking is to ensure the safety of vessels
on the navigable waters within 400 feet of the fireworks barge on Spa
Creek 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 temporary safety zone in Spa Creek
from 11 p.m. on December 31, 2018 through 1 a.m. on January 1, 2019.
The safety zone would cover all navigable waters within 400 feet of the
fireworks barge in Spa Creek within 400 feet of the fireworks barge in
approximate position latitude 38[deg]58'32.48'' N, longitude
076[deg]28'57.55'' W, located at Annapolis, MD. 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
[[Page 60803]]
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. Although vessel traffic
will not be able to safely transit around this safety zone, the impact
would be for 2 hours during the evening when vessel traffic in Spa
Creek 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 lasting two hours that would prohibit entry within a portion of
Spa Creek. 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://
[[Page 60804]]
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.T05-1021 to read as follows:
Sec. 165.T05-1021 Safety Zone for Fireworks Display; Spa Creek,
Annapolis, MD.
(a) Location. The following area is a safety zone: All navigable
waters of Spa Creek within 400 feet of the fireworks barge in
approximate position latitude 38[deg]58'32.48'' N, longitude
076[deg]28'57.55'' W, located at Annapolis, MD. 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 period. This section will be enforced from 11 p.m.
on December 31, 2018 through 1 a.m. on January 1, 2019.
Dated: November 21, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2018-25841 Filed 11-26-18; 8:45 am]
BILLING CODE 9110-04-P