Safety Zone for Fireworks Displays; Upper Potomac River, Washington Channel, DC, 4333-4336 [2019-02465]
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Federal Register / Vol. 84, No. 32 / Friday, February 15, 2019 / Rules and Regulations
rule whose mandates require spending
in any one year of $100 million in 1995
dollars, updated annually for inflation.
That threshold level is currently
approximately $140 million. This final
rule will not mandate any requirements
for state, local, or tribal governments or
the private sector.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
This rulemaking does not contain a
‘‘collection of information’’
requirement, and will not impose
additional information collection
requirements on the public under Public
Law 96–511, ‘‘Paperwork Reduction
Act’’ (44 U.S.C. Chapter 35).
Executive Order 13132, ‘‘Federalism’’
This final rule has been examined for
its impact under E.O. 13132, and it does
not contain policies that have
federalism implications that would have
substantial direct effects on the States,
on the relationship between the national
Government and the States, or on the
distribution of powers and
responsibilities among the various
levels of Government. Therefore,
consultation with State and local
officials is not required.
List of Subjects in 32 CFR Part 199
Claims, Dental health, Health care,
Health insurance, Individuals with
disabilities, Mental health, Mental
health parity, Military personnel.
Accordingly, the interim final rule
amending 32 CFR part 199 which was
published at 82 FR 45438–45461 on
September 29, 2017 is adopted as a final
rule with the following changes:
PART 199—[AMENDED]
1. The authority citation for part 199
continues to read as follows:
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Authority: 5 U.S.C. 301; 10 U.S.C. chapter
55.
2. Section 199.2 is amended in
paragraph (b) by revising the definition
of ‘‘TRICARE Standard’’ to read as
follows:
■
§ 199.2
Definitions.
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(b) * * *
TRICARE Standard. The TRICARE
program made available prior to January
1, 2018, covering health benefits
contracted for under the authority of 10
U.S.C. section 1079(a) or 1086(a) and
subject to the same rates and conditions
as apply to persons covered under those
sections.
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3. Section 199.14 is amended by
revising paragraph (a)(1)(i)(D) to read as
follows:
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§ 199.14 Provider reimbursement
methods.
(a) * * *
(1) * * *
(i) * * *
(D) DRG system updates. The
CHAMPUS DRG-based payment system
is modeled on the Medicare Prospective
Payment System (PPS) and uses
annually updated items and numbers
from the Medicare PPS as provided for
in this part and in instructions issued by
the Director, DHA. The effective date of
these items and numbers shall not
correspond to that under Medicare PPS
but shall be delayed until January 1, to
align with TRICARE’s program year
reporting. This allows for an
administrative simplicity that optimizes
healthcare delivery by reducing existing
administrative burden and costs.
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■ 4. Section 199.17 is amended by
revising paragraphs (f)(4), (l)(1)(ii),
(1)(2)(ii), and (n)(2)(vi) to read as
follows:
§ 199.17
TRICARE program.
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(f) * * *
(4) High value services. Under the
authority of 10 U.S.C. 1097 and other
authority, including sections 706 and
729 of the NDAA–17, for purposes of
improving population-based health
outcomes and incentivizing medical
intervention programs to address
chronic diseases and other conditions
and healthy lifestyle interventions, the
Director may waive or reduce cost
sharing requirements for TRICARE
Prime and TRICARE Select enrollees for
care received from network providers
for certain health care services
designated for this purpose. The specific
services designated for this purpose will
be those the Director determines
provide especially high value in terms
of better health outcomes. The specific
services affected for any plan year will
be announced by the Director prior to
the open season enrollment period for
that plan year. Services affected by
actions of the Director under this
paragraph (f)(4) may be associated with
actions taken for high value medications
under § 199.21(j)(3) for select
pharmaceutical agents to be cost-shared
at a reduced or zero dollar rate.
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(l) * * *
(1) * * *
(ii) For Group B TRICARE Prime
enrollees, the enrollment fee,
catastrophic cap, and cost sharing
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amounts are as set forth in 10 U.S.C.
1075a. The cost sharing requirements
applicable to services not specifically
addressed in the table set forth in 10
U.S.C. 1075a(b)(1) shall be determined
by the Director, DHA.
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(2) * * *
(ii) For Group B TRICARE Select
enrollees, the enrollment fee, annual
deductible for services received while in
an outpatient status, catastrophic cap.,
and cost sharing amounts are as
provided in 10 U.S.C. 1075 and as
consistent with this section. The cost
sharing requirements applicable to
services not specifically addressed in 10
U.S.C. 1075 shall be determined by the
Director, DHA.
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(n) * * *
(2) * * *
(vi) The cost-sharing requirement for
a beneficiary enrolled in TRICARE
Prime who does not obtain a referral for
care when it is required, including care
from a non-network provider, is as
provided in paragraph (l)(1)(iii) of this
section concerning point of service care.
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Dated: February 12, 2019.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2019–02532 Filed 2–14–19; 8:45 am]
BILLING CODE 5001–06–P
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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing 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 regulation
prohibits persons and vessels from
entering the safety zone unless
authorized by the Captain of the Port
SUMMARY:
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Maryland-National Capital Region or a
designated representative.
DATES: This deviation is effective
without actual notice from February 15,
2019 through December 31, 2019. For
the purposes of enforcement, actual
notice will be used from January 12,
2019, until February 15, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
1011 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this rule, 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.
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
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II. Background Information and
Regulatory History
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. In response, on
November 14, 2018, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled ‘‘Safety Zone
for Fireworks Displays; Upper Potomac
River, Washington Channel, DC’’ (83 FR
56768). There we stated why we issued
the NPRM, and invited comments on
our proposed regulatory action related
to this fireworks display. During the
comment period that ended December
14, 2018, we received 29 comments.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable and
contrary to the public interest because
immediate action is needed to mitigate
the potential safety hazards associated
with a fireworks display in this location.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port (COTP) MarylandNCR has determined that potential
hazards associated with the fireworks to
be used in these displays will be a safety
concern for anyone within a 200-foot
radius of the fireworks barge. This rule
is needed to ensure 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.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received 29
public submissions to the docket
responding to our NPRM published
November 14, 2018. We thank all of the
commenters for taking time to review
the NPRM and submit comments
regarding this action.
The majority of commenters
expressed support for the rule but there
were four issues presented.
The size of the safety zone is not
effective and should be increased for
public safety purposes.
The minimum safe distance from the
fireworks barge used by the Coast Guard
to determine the size of the safety zone
is based on industry standards for
outdoor aerial fireworks set by the
National Fire Protection Association
(NFPA). The NFPA standard for this
fireworks display is 140 feet from the
discharge site. At the request of the
contracted fireworks company,
Pyrotecnico, the Coast Guard is using
200 feet for the size of its safety zone,
which is an increase of approximately
40 percent above the safe distance set by
the NFPA.
The duration of the enforcement of
the zone, from 7 p.m. until 11:59 p.m.,
is excessive and doesn’t agree with the
duration of a typical fireworks show.
Although these fireworks shows are
typically of short duration, not all of
these fireworks displays will be
scheduled to occur at the same time of
the evening throughout the year. The
actual enforcement period used for each
of these fireworks events is expected to
be two hours. In developing the length
of the safety zone enforcement period of
five hours, the Coast Guard has taken
care to avoid imposing restrictions on
waterway usage longer than what is
justified to ensure the safety of the
public.
A barrier or sign, and other methods
of notice, should be used to separate the
zone from the rest of the waterway and
its users.
The following forms of notice will be
provided for each fireworks display.
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The fireworks barge that operates within
the safety zone will have a sign affixed
to the port and starboard side of the
barge labeled ‘‘FIREWORKS—
DANGER—STAY AWAY’’ to provide
on-scene notice that the safety zone will
be enforced on that day. Patrol vessels
assigned by the COTP MarylandNational Capital Region will be present
to monitor the fireworks display and
enforce the safety zone. In addition, the
COTP Maryland-National Capital
Region will notify the public of the
specific enforcement times of the safety
zone by all appropriate means to affect
the widest publicity among the affected
segments of the public, including
publishing a Notice of Enforcement in
the Federal Register and an article in
the Local Notice to Mariners. Broadcast
Notice to Mariners will also be made for
each of these events, to begin prior to
that start of the scheduled event, and to
continue to notify the public, until
immediately after its completion.
Waterway users must be notified with
ample time so that they have the ability
to obtain the authorization required to
transit the area of the safety zone.
Since the forms of notice stated
previously will be provided in advance
of each fireworks display, waterway
users will have the time needed to
request authorization to transit the area
of the safety zone and make appropriate
voyage plans.
There are no changes in the regulatory
text of this rule from the proposed rule
in the NPRM.
This rule establishes a temporary
safety zone in the Washington Channel
from January 12, 2019, through
December 31, 2019. The safety zone will
cover all navigable waters of the
Washington Channel within 200 feet of
the fireworks barge. 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 southern extent of the Francis
Case (I–395) Memorial Bridge, located at
Washington, DC. The safety zone will 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 will be permitted to enter the
safety zone without obtaining
permission from the COTP or a
designated representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
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Below we summarize our analyses
based on a number of these statutes and
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 rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule 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 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 rule will 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 V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
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 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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listed in the FOR FURTHER INFORMATION
section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
CONTACT
C. Collection of Information
This rule will 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 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 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
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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.
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 that will be in effect for the entire
year, however, when activated, lasting
less than 5 hours that prohibits 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
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.
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:
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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:
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§ 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
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Washington Channel within 200 feet of
the fireworks barge 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
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.
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Dated: February 11, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2019–02465 Filed 2–14–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Parts 3, 8, 14, 19, 20, and 21
RIN 2900–AQ26
VA Claims and Appeals Modernization
Department of Veterans Affairs.
Final rule; correction.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is correcting a final rule
regarding its claims adjudication,
appeals, and Rules of Practice of the
Board of Veterans’ Appeals (Board)
regulations. This correction addresses
minor technical errors in the published
final rule.
DATES: Effective February 19, 2019.
FOR FURTHER INFORMATION CONTACT:
Veterans Benefits Administration
information, Jennifer Williams, Senior
Management and Program Analyst,
Appeals Management Office,
Department of Veterans Affairs, 810
Vermont Avenue NW, Washington, DC
20420, (202) 530–9124 (this is not a tollfree number). Board of Veterans’
Appeals information, parts 19 and 20:
Rachel Sauter, Counsel for Legislation,
Regulations, and Policy, Board of
Veterans’ Appeals. Department of
Veterans Affairs, 810 Vermont Avenue
NW, Washington, DC 20420, (202) 632–
5555 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION: Due to
technical errors and dropped
amendments in editing, VA is correcting
its final rule, VA Claims and Appeals
Modernization, that published January
18, 2019, in the Federal Register at 84
FR 138.
SUMMARY:
Corrections
In FR Rule Doc. No. 2018–28350,
beginning on page 138 in the issue of
January 18, 2019, make the following
corrections.
1. On page 139, second column, third
paragraph under ‘‘B. Comments
Concerning § 3.103—Procedural Due
Process and Other Rights,’’ in last
sentence (line 21), remove ‘‘to
§ 3.103(d)(2)’’.
2. On page 146, first column, in line
22, correct ‘‘§ 3.351(c)’’ to read
‘‘§ 3.151(c)’’, and in line 24, correct
‘‘admistrative’’ to read ‘‘administrative’’.
3. On page 168, second column,
correct instruction 8 to read as follows:
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‘‘8. In § 3.114, remove the word
‘‘reopened’’ and add in its place the
word ‘‘supplemental’’.’’
4. On page 169, first column, in the
amendment to § 3.156, add introductory
text, per instruction 11b, and correct the
third sentence in paragraph (a) to read
as follows:
§ 3.156
[Corrected]
New evidence is evidence not
previously part of the actual record
before agency adjudicators.
(a) * * * New evidence is evidence
not previously part of the actual record
before agency adjudicators. * * *
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§ 3.2400
[Corrected]
5. On page 171, second column, in
paragraph (d) of added § 3.2400, add the
word ‘‘only’’ between the words
‘‘applicable’’ and ‘‘to’’.
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§ 3.2500
[Corrected]
6. On page 171, third column, in
paragraph (b) of added § 3.2500, add a
period at the end of the first sentence
ending with ‘‘option’’.
■ 7. On page 172, third column, correct
instruction 31 and add text for revised
paragraph (c) to read as follows:
■ 31. Amend § 3.2600 by revising the
section heading, adding introductory
text, revising paragraph (c), and
removing paragraph (g).
The revisions and addition read as
follows:
■
§ 3.2600 Legacy review of benefit claims
decisions.
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(c) The reviewer may conduct
whatever development he or she
considers necessary to resolve any
disagreements in the Notice of
Disagreement, consistent with
applicable law. This may include an
attempt to obtain additional evidence or
the holding of an informal conference
with the claimant. Upon the request of
the claimant, the reviewer will conduct
a hearing under the version of § 3.103(c)
of this chapter predating Public Law
115–55.
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■ 8. On page 177, in the second column,
in the second table, add the entry
‘‘20.304. . . . . . . . . . . . . . . .19.54’’ at
the end of the table.
■ 9. On page 180, first column, before
instruction 95, add instruction 94a and
its corresponding regulatory text to read
as follows:
94a. Amend newly redesignated
§ 20.101 by revising the section heading
and paragraph (b) to read as follows:
E:\FR\FM\15FER1.SGM
15FER1
]]>Agencies
[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Rules and Regulations]
[Pages 4333-4336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02465]
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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: Temporary final rule.
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SUMMARY: The Coast Guard is establishing 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 regulation prohibits persons and vessels from entering
the safety zone unless authorized by the Captain of the Port
[[Page 4334]]
Maryland-National Capital Region or a designated representative.
DATES: This deviation is effective without actual notice from February
15, 2019 through December 31, 2019. For the purposes of enforcement,
actual notice will be used from January 12, 2019, until February 15,
2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-1011 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
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.
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 Information and Regulatory History
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. In response, on November 14, 2018, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled
``Safety Zone for Fireworks Displays; Upper Potomac River, Washington
Channel, DC'' (83 FR 56768). There we stated why we issued the NPRM,
and invited comments on our proposed regulatory action related to this
fireworks display. During the comment period that ended December 14,
2018, we received 29 comments.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to mitigate the potential safety
hazards associated with a fireworks display in this location.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port (COTP) Maryland-NCR has determined that
potential hazards associated with the fireworks to be used in these
displays will be a safety concern for anyone within a 200-foot radius
of the fireworks barge. This rule is needed to ensure 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.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received 29 public submissions to the docket
responding to our NPRM published November 14, 2018. We thank all of the
commenters for taking time to review the NPRM and submit comments
regarding this action.
The majority of commenters expressed support for the rule but there
were four issues presented.
The size of the safety zone is not effective and should be
increased for public safety purposes.
The minimum safe distance from the fireworks barge used by the
Coast Guard to determine the size of the safety zone is based on
industry standards for outdoor aerial fireworks set by the National
Fire Protection Association (NFPA). The NFPA standard for this
fireworks display is 140 feet from the discharge site. At the request
of the contracted fireworks company, Pyrotecnico, the Coast Guard is
using 200 feet for the size of its safety zone, which is an increase of
approximately 40 percent above the safe distance set by the NFPA.
The duration of the enforcement of the zone, from 7 p.m. until
11:59 p.m., is excessive and doesn't agree with the duration of a
typical fireworks show.
Although these fireworks shows are typically of short duration, not
all of these fireworks displays will be scheduled to occur at the same
time of the evening throughout the year. The actual enforcement period
used for each of these fireworks events is expected to be two hours. In
developing the length of the safety zone enforcement period of five
hours, the Coast Guard has taken care to avoid imposing restrictions on
waterway usage longer than what is justified to ensure the safety of
the public.
A barrier or sign, and other methods of notice, should be used to
separate the zone from the rest of the waterway and its users.
The following forms of notice will be provided for each fireworks
display. The fireworks barge that operates within the safety zone will
have a sign affixed to the port and starboard side of the barge labeled
``FIREWORKS--DANGER--STAY AWAY'' to provide on-scene notice that the
safety zone will be enforced on that day. Patrol vessels assigned by
the COTP Maryland-National Capital Region will be present to monitor
the fireworks display and enforce the safety zone. In addition, the
COTP Maryland-National Capital Region will notify the public of the
specific enforcement times of the safety zone by all appropriate means
to affect the widest publicity among the affected segments of the
public, including publishing a Notice of Enforcement in the Federal
Register and an article in the Local Notice to Mariners. Broadcast
Notice to Mariners will also be made for each of these events, to begin
prior to that start of the scheduled event, and to continue to notify
the public, until immediately after its completion.
Waterway users must be notified with ample time so that they have
the ability to obtain the authorization required to transit the area of
the safety zone.
Since the forms of notice stated previously will be provided in
advance of each fireworks display, waterway users will have the time
needed to request authorization to transit the area of the safety zone
and make appropriate voyage plans.
There are no changes in the regulatory text of this rule from the
proposed rule in the NPRM.
This rule establishes a temporary safety zone in the Washington
Channel from January 12, 2019, through December 31, 2019. The safety
zone will cover all navigable waters of the Washington Channel within
200 feet of the fireworks barge. 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 southern extent of the Francis Case
(I-395) Memorial Bridge, located at Washington, DC. The safety zone
will 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 will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking.
[[Page 4335]]
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 rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule 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 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 rule
will 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
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will 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 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 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.
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 that will be in effect for the entire year, however, when
activated, lasting less than 5 hours that prohibits 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
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.
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
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
[[Page 4336]]
Washington Channel within 200 feet of the fireworks barge 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: February 11, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2019-02465 Filed 2-14-19; 8:45 am]
BILLING CODE 9110-04-P
