Safety Zone, Brandon Road Lock and Dam to Lake Michigan Including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, and Calumet-Saganashkee Channel, Chicago, IL, 67081-67082 [2018-28162]

Download as PDF Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Rules and Regulations with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does 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 rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. 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 rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. amozie on DSK3GDR082PROD with RULES F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01 and Commandant Instruction M16475.1D, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined 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 rule involves a safety zone lasting 2 hours that prohibits 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 Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. 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. VerDate Sep<11>2014 16:02 Dec 27, 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 amends 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.T05–1021 to read as follows: 67081 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: December 21, 2018, Joseph B. Loring, Captain, U.S. Coast Guard, Captain of the Port Maryland-National Capital Region. [FR Doc. 2018–28245 Filed 12–27–18; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard ■ § 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°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. (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 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 33 CFR Part 165 [Docket Number USCG–2018–1105] Safety Zone, Brandon Road Lock and Dam to Lake Michigan Including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, and Calumet-Saganashkee Channel, Chicago, IL Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce the following segment of the Safety Zone: Brandon Road Lock and Dam to Lake Michigan including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, and CalumetSaganashkee Channel on all waters of the Chicago Sanitary and Ship Canal between Mile Marker 296.1 to Mile Marker 296.7 at specified times from December 21, 2018 until February 8, 2019. This action is necessary to protect the waterway and vessels from the potential hazards associated with maintenance operations being conducted by the U.S. Army Corps of Engineers at the U.S. Army Corps of Engineer’s Electric Dispersal Barrier. DATES: The regulations in 33 CFR 165.930 will be enforced each Monday through Friday, from 7 a.m. until 5 p.m., without actual notice from December 28, 2018 until February 8, 2019. For purposes of enforcement, actual notice will be used from December 21, 2018 until December 28, 2018. FOR FURTHER INFORMATION CONTACT: Call or email LT John Ramos (Waterways Management Division Chief, Marine Safety Unit Chicago, U.S. Coast Guard) if you have questions about this notice of enforcement; telephone 630–986– 2155; email address D09-DGMSUChicago-Waterways@uscg.mil. SUMMARY: E:\FR\FM\28DER1.SGM 28DER1 67082 Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Rules and Regulations The Coast Guard will enforce the following segment of the Safety Zone: Brandon Road Lock and Dam to Lake Michigan including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, Calumet-Saganashkee Channel, Chicago, IL, listed in 33 CFR 165.930. Specifically, the Coast Guard will enforce this safety zone on all waters of the Chicago Sanitary and Ship Canal between Mile Marker 296.1 to Mile Marker 296.7. Enforcement will occur on each Monday through Friday from 7 a.m. until 5 p.m., from December 21, 2018 until February 8, 2019. All vessels must obtain permission from the Captain of the Port, Sector Lake Michigan, or his or her designated representative to enter into, transit, moor, lay up or anchor within any enforced segment of the safety zone when the safety zone is enforced. Vessels and persons granted permission to enter the safety zone shall obey all lawful orders or directions of the Captain of the Port Lake Michigan, or his or her on-scene representative. This notice of enforcement is issued under the authority of 33 CFR 165.930 and 5 U.S.C. 552(a). In addition to this publication in the Federal Register, the Captain of the Port Lake Michigan will also provide notice through other means, which will include Broadcast Notice to Mariners, Local Notice to Mariners, and distribution in leaflet form. Additionally, the Captain of the Port Lake Michigan may notify representatives from the maritime industry through telephonic and email notifications. If the Captain of the Port or a designated representative determines that the regulated area need not be enforced for the full duration stated in this notice of enforcement or suspends the safety zone in part, he or she may use a Broadcast Notice to Mariners, Local Notice to Mariners, and may notify representatives from the maritime industry through telephonic and email notifications to grant general permission to enter the regulated area. The Captain of the Port Lake Michigan or a designated on-scene representative may be contacted via Channel 16, VHF– FM or at (414) 747–7182. amozie on DSK3GDR082PROD with RULES SUPPLEMENTARY INFORMATION: Dated: December 20, 2018. Thomas J. Stuhlreyer, Captain, U.S. Coast Guard, Captain of the Port Lake Michigan. [FR Doc. 2018–28162 Filed 12–27–18; 8:45 am] BILLING CODE 9110–04–P VerDate Sep<11>2014 16:02 Dec 27, 2018 Jkt 247001 DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Parts 413 and 414 [CMS–1691–CN] RIN 0938–AT28 Medicare Program; End-Stage Renal Disease Prospective Payment System, Payment for Renal Dialysis Services Furnished to Individuals With Acute Kidney Injury, End-Stage Renal Disease Quality Incentive Program, Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) Competitive Bidding Program (CBP) and Fee Schedule Amounts, and Technical Amendments To Correct Existing Regulations Related to the CBP for Certain DMEPOS; Correction Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Final rule; correction. AGENCY: This document corrects technical and typographical errors that appeared in the final rule published in the Federal Register on November 14, 2018 titled ‘‘Medicare Program; EndStage Renal Disease Prospective Payment System, Payment for Renal Dialysis Services Furnished to Individuals With Acute Kidney Injury, End-Stage Renal Disease Quality Incentive Program, Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) Competitive Bidding Program (CBP) and Fee Schedule Amounts, and Technical Amendments To Correct Existing Regulations Related to the CBP for Certain DMEPOS.’’ DATES: Effective Date: This correction is effective on January 1, 2019. FOR FURTHER INFORMATION CONTACT: Alexander Ullman, (410) 786–9671 and DMEPOS@cms.hhs.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background In FR Doc. 2018–24238 of November 14, 2018 (83 FR 56922), there were technical and typographical errors that are identified and corrected in the Correction of Errors section below. The provisions in this correction document are effective as if they had been included in the document published on November 14, 2018. Accordingly, the corrections are effective January 1, 2019. PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 II. Summary of Errors On page 57029, we inadvertently made several technical and typographical errors by referencing the final rule instead of the proposed rule. We are correcting those errors by replacing references to ‘‘this rule’’ and ‘‘this final rule’’ with the correct reference to the Calendar Year (CY) 2019 End-Stage Renal Disease Prospective Payment System, Durable Medical Equipment, Prosthetics, Orthotics and Supplies (CY 2019 ESRD PPS DMEPOS) proposed rule. III. Waiver of Proposed Rulemaking Under 5 U.S.C. 553(b) of the Administrative Procedure Act (APA), the agency is required to publish a notice of the proposed rule in the Federal Register before the provisions of a rule take effect. Similarly, section 1871(b)(1) of the Social Security Act (the Act) requires the Secretary of the Department of Health and Human Services to provide for notice of the proposed rule in the Federal Register and provide a period of not less than 60 days for public comment. In addition, section 553(d) of the APA, and section 1871(e)(1)(B)(i) of the Act mandate a 30day delay in effective date after issuance or publication of a rule. Sections 553(b)(B) and 553(d)(3) of the APA provide for exceptions from the notice and comment and delay in effective date requirements; in cases in which these exceptions apply, sections 1871(b)(2)(C) and 1871(e)(1)(B)(ii) of the Act provide exceptions from the notice and 60-day comment period and delay in effective date requirements of the Act as well. Section 553(b)(B) of the APA and section 1871(b)(2)(C) of the Act authorize an agency to dispense with normal rulemaking requirements for good cause if the agency makes a finding that the notice and comment process is impracticable, unnecessary, or contrary to the public interest. In addition, both section 553(d)(3) of the APA and section 1871(e)(1)(B)(ii) of the Act allow the agency to avoid the 30day delay in effective date where such delay is contrary to the public interest and an agency includes a statement of support. We believe that this correcting document does not constitute a rulemaking that would be subject to the notice and comment or delayed effective date requirements of the APA or section 1871 of the Act. This document simply corrects technical and typographical errors in the preamble, but does not make substantive changes to the policies or payment methodologies that were adopted in the final rule. As a result, E:\FR\FM\28DER1.SGM 28DER1

Agencies

[Federal Register Volume 83, Number 248 (Friday, December 28, 2018)]
[Rules and Regulations]
[Pages 67081-67082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28162]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-1105]


Safety Zone, Brandon Road Lock and Dam to Lake Michigan Including 
Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, and 
Calumet-Saganashkee Channel, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the following segment of the 
Safety Zone: Brandon Road Lock and Dam to Lake Michigan including Des 
Plaines River, Chicago Sanitary and Ship Canal, Chicago River, and 
Calumet-Saganashkee Channel on all waters of the Chicago Sanitary and 
Ship Canal between Mile Marker 296.1 to Mile Marker 296.7 at specified 
times from December 21, 2018 until February 8, 2019. This action is 
necessary to protect the waterway and vessels from the potential 
hazards associated with maintenance operations being conducted by the 
U.S. Army Corps of Engineers at the U.S. Army Corps of Engineer's 
Electric Dispersal Barrier.

DATES: The regulations in 33 CFR 165.930 will be enforced each Monday 
through Friday, from 7 a.m. until 5 p.m., without actual notice from 
December 28, 2018 until February 8, 2019. For purposes of enforcement, 
actual notice will be used from December 21, 2018 until December 28, 
2018.

FOR FURTHER INFORMATION CONTACT: Call or email LT John Ramos (Waterways 
Management Division Chief, Marine Safety Unit Chicago, U.S. Coast 
Guard) if you have questions about this notice of enforcement; 
telephone 630-986-2155; email address D09-DG-MSUChicago-Waterways@uscg.mil.

[[Page 67082]]


SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the following 
segment of the Safety Zone: Brandon Road Lock and Dam to Lake Michigan 
including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago 
River, Calumet-Saganashkee Channel, Chicago, IL, listed in 33 CFR 
165.930. Specifically, the Coast Guard will enforce this safety zone on 
all waters of the Chicago Sanitary and Ship Canal between Mile Marker 
296.1 to Mile Marker 296.7. Enforcement will occur on each Monday 
through Friday from 7 a.m. until 5 p.m., from December 21, 2018 until 
February 8, 2019. All vessels must obtain permission from the Captain 
of the Port, Sector Lake Michigan, or his or her designated 
representative to enter into, transit, moor, lay up or anchor within 
any enforced segment of the safety zone when the safety zone is 
enforced. Vessels and persons granted permission to enter the safety 
zone shall obey all lawful orders or directions of the Captain of the 
Port Lake Michigan, or his or her on-scene representative.
    This notice of enforcement is issued under the authority of 33 CFR 
165.930 and 5 U.S.C. 552(a). In addition to this publication in the 
Federal Register, the Captain of the Port Lake Michigan will also 
provide notice through other means, which will include Broadcast Notice 
to Mariners, Local Notice to Mariners, and distribution in leaflet 
form. Additionally, the Captain of the Port Lake Michigan may notify 
representatives from the maritime industry through telephonic and email 
notifications. If the Captain of the Port or a designated 
representative determines that the regulated area need not be enforced 
for the full duration stated in this notice of enforcement or suspends 
the safety zone in part, he or she may use a Broadcast Notice to 
Mariners, Local Notice to Mariners, and may notify representatives from 
the maritime industry through telephonic and email notifications to 
grant general permission to enter the regulated area. The Captain of 
the Port Lake Michigan or a designated on-scene representative may be 
contacted via Channel 16, VHF-FM or at (414) 747-7182.

    Dated: December 20, 2018.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2018-28162 Filed 12-27-18; 8:45 am]
 BILLING CODE 9110-04-P

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