Safety Zone for Fireworks Display; Upper Potomac River, Washington, DC, 27531-27533 [2019-12508]
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Federal Register / Vol. 84, No. 114 / Thursday, June 13, 2019 / Rules and Regulations
to payments of gross income after
August 27, 2018.
Kirsten Wielobob,
Deputy Commissioner for Services and
Enforcement.
Approved: June 3, 2019.
David J. Kautter,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. 2019–12418 Filed 6–11–19; 4:15 pm]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2019–0336]
Safety Zone; San Francisco Giants
Fireworks Display, San Francisco Bay,
San Francisco, CA
Coast Guard, DHS.
ACTION: Notice of enforcement of
regulation.
AGENCY:
The Coast Guard will enforce
the safety zone for the San Francisco
Giants Fireworks Display in the Captain
of the Port, San Francisco area of
responsibility during the dates and
times noted below. This action is
necessary to protect life and property of
the maritime public from the hazards
associated with the fireworks display.
During the enforcement period,
unauthorized persons or vessels are
prohibited from entering into, transiting
through, or anchoring in the safety zone,
unless authorized by the Patrol
Commander (PATCOM) or other federal,
state, or local law enforcement agencies
on scene to assist the Coast Guard in
enforcing the regulated area.
DATES: The regulation in 33 CFR
165.1191, Table 1, Item number 1, will
be enforced from 11 a.m. on June 14,
2019, through 12:15 a.m. on June 15,
2019, or as announced via Broadcast
Notice to Mariners.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or email Lieutenant Junior Grade Jennae
N. Cotton, Waterways Management, U.S.
Coast Guard Sector San Francisco;
telephone (415) 399–3585, email
SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zone
established in 33 CFR 165.1191 Table 1,
Item number 1 for the San Francisco
Giants Fireworks Display from 11 a.m.
on June 14, 2019 until 12:15 a.m. on
June 15, 2019, or as announced via
khammond on DSKBBV9HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
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Jkt 247001
Broadcast Notice to Mariners. The San
Francisco Giants Fireworks Display will
commence at the conclusion of the San
Francisco Giants game, but will not
commence later than 11:30 p.m. on June
14, 2019. This notice is issued under
authority of 46 U.S.C. 70034, 70051; 33
CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security
Delegation No. 0170.1.
The safety zone will extend to all
navigable waters of the San Francisco
Bay, from surface to bottom, within a
circle formed by connecting all points
100 feet out from the fireworks barge
during the loading, transit, and arrival
of the fireworks barge from the loading
location to the display location and
until the start of the fireworks display.
From 11 a.m. on June 14, 2019 until 5
p.m. on June 14, 2019, the fireworks
barge will be loading pyrotechnics from
Pier 50 in San Francisco, CA. The
fireworks barge will remain at the
loading location until its transit to the
display location. From 8:30 p.m. to 9
p.m. on June 14, 2019 the loaded
fireworks barge will transit from Pier 50
to the launch site near Pier 48 in
approximate position 37°46′36″ N,
122°22′56″ W (NAD 83) where it will
remain until the conclusion of the
fireworks display. Upon the
commencement of the 15-minute
fireworks display, scheduled to begin at
the conclusion of the baseball game,
between approximately 10 p.m. and
11:30 p.m. on June 14, 2019, the safety
zone will increase in size and
encompass all navigable waters of the
San Francisco Bay, from surface to
bottom, within a circle formed by
connecting all points 700 feet out from
the fireworks barge near Pier 48 in
approximate position 37°46′36″ N,
122°22′56″ W (NAD 83). This safety
zone will be in effect from 11 a.m. on
June 14, 2019 until 12:15 a.m. on June
15, 2019, or as announced via Broadcast
Notice to Mariners.
In addition to this notice in the
Federal Register, the Coast Guard plans
to provide notification of the safety zone
and its enforcement period via the Local
Notice to Mariners.
Under the provisions of 33 CFR
165.1191, unauthorized persons or
vessels are prohibited from entering
into, transiting through, or anchoring in
the safety zone during all applicable
effective dates and times, unless
authorized to do so by the PATCOM or
other Official Patrol defined as a federal,
state, or local law enforcement agency
on scene to assist the Coast Guard in
enforcing the regulated area.
Additionally, each person who receives
notice of a lawful order or direction
issued by the PATCOM or Official
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27531
Patrol shall obey the order or direction.
The PATCOM or Official Patrol may,
upon request, allow the transit of
commercial vessels through regulated
areas when it is safe to do so.
If the Captain of the Port determines
that the regulated area need not be
enforced for the full duration stated in
this notice, a Broadcast Notice to
Mariners may be used to grant general
permission to enter the regulated area.
Dated: June 6, 2019.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
[FR Doc. 2019–12468 Filed 6–12–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0221]
RIN 1625–AA00
Safety Zone for Fireworks Display;
Upper Potomac River, Washington, 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 Upper Potomac
River at Washington, DC, during a
fireworks display on July 4, 2019 (with
alternate date of July 5, 2019). This
regulation prohibits 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.
DATES: This rule is effective from 8 p.m.
on July 4, 2019, through 10:30 p.m. on
July 5, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0221 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 on this rule, call or
email Mr. Ron Houck, Sector MarylandNational Capital Region Waterways
Management Division, U.S. Coast
Guard; telephone 410–576–2674, email
Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Federal Register / Vol. 84, No. 114 / Thursday, June 13, 2019 / Rules and Regulations
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 Information and
Regulatory History
The National Park Service will be
conducting a fireworks display,
launched from the West Potomac Park,
adjacent to the Upper Potomac River in
Washington, DC, between 9:07 p.m. and
9:27 p.m. on July 4, 2019. In the event
of inclement weather on July 4th, the
fireworks display will be launched from
the same location, during those same
times, on July 5, 2019. The COTP
Maryland-National Capital Region has
determined that the display poses a
safety concern for anyone within 1,000
feet of the fireworks discharge site—the
potential exists for accidental discharge
of fireworks, dangerous projectiles, and
falling hot embers or other debris. Due
to these safety concerns, on April 29,
2019, the Coast Guard published a
notice of proposed rulemaking (NPRM),
‘‘Safety Zone for Fireworks Display;
Upper Potomac River, Washington, DC’’
(84 FR 17984). There we stated why we
issued the NPRM, and invited
comments on our proposal to create a
safety zone in association with this
fireworks display. During the comment
period that ended May 29, 2019, we
received one comment.
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 respond
to the potential safety hazards
associated with the fireworks display.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Maryland-National
Capital Region (COTP) has determined
that potential hazards associated with
the fireworks to be used in this July 4,
2019, display will be a safety concern
for anyone within 1,000 feet of the
fireworks discharge site. The purpose of
this rule is to ensure safety of vessels
and the navigable waters in the safety
zone before, during, and after the
scheduled event.
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IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received one
comment on our NPRM published April
29, 2019. The comment was in support
of the Coast Guard’s rulemaking. There
are no changes in the regulatory text of
this rule from the proposed rule in the
NPRM.
This rule establishes a safety zone that
the Coast Guard will enforce from 8
p.m. to 10:30 p.m. on July 4, 2019 (or,
alternatively, during those same hours
on July 5th). The safety zone will cover
all navigable waters of the Upper
Potomac River, including the Tidal
Basin, within 1,000 feet of the fireworks
discharge site at West Potomac Park in
approximate position latitude
38°53′07.1″ N, longitude 077°02′49.5″
W, located at Washington, DC. The
duration of the 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.
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 timeof-day of the safety zone. Vessel traffic
will be able to safely transit around this
safety zone which will impact a small
designated area of the Upper Potomac
River for less than 3 hours during the
evening when vessel traffic is normally
low. Moreover, the Coast Guard will
issue a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
zone.
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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 received no comments
from the Small Business Administration
on this rulemaking. 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
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Federal Register / Vol. 84, No. 114 / Thursday, June 13, 2019 / Rules and Regulations
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.
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.
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F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Environmental
Planning COMDTINST 5090.1 (series),
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 2.5 hours that will prohibit
entry within a portion of the Upper
Potomac River, including the Tidal
Basin, in Washington, DC. It is
categorically excluded from further
review under paragraph L60(a) in Table
3–1 of U.S. Coast Guard Environmental
Planning Implementing Procedures
5090.1. A Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
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Jkt 247001
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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
27533
(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 8 p.m. to 10:30
p.m. on July 4, 2019, or if necessary due
to inclement weather, from 8 p.m. to
10:30 p.m. on July 5, 2019.
Dated: June 10, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2019–12508 Filed 6–12–19; 8:45 am]
BILLING CODE 9110–04–P
2. Add § 165.T05–0221 to read as
follows:
■
§ 165.T05–0221 Safety Zone for Fireworks
Display; Upper Potomac River, Washington,
DC.
(a) Location. The following area is a
safety zone: All navigable waters of the
Upper Potomac River, including the
Tidal Basin, within 1,000 feet of the
fireworks discharge site at West
Potomac Park in approximate position
latitude 38°53′07.1″ N, longitude
077°02′49.5″ W, 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.
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 355
[EPA–HQ–OLEM–2018–0318; FRL–9995–
03–OLEM]
RIN 2050–AH00
Amendment to Emergency Release
Notification Regulations on Reporting
Exemption for Air Emissions From
Animal Waste at Farms; Emergency
Planning and Community Right-toKnow Act
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA or the Agency) is
amending the release notification
regulations under the Emergency
Planning and Community Right-toKnow Act (EPCRA) to add the reporting
exemption for air emissions from animal
waste at farms provided in section
103(e) of the Comprehensive
Environmental Response, Compensation
and Liability Act (CERCLA). In addition,
EPA is adding definitions of ‘‘animal
waste’’ and ‘‘farm’’ to the EPCRA
regulations to delineate the scope of this
reporting exemption. This amendment
maintains consistency between the
emergency release notification
requirements of EPCRA and CERCLA in
SUMMARY:
E:\FR\FM\13JNR1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 114 (Thursday, June 13, 2019)]
[Rules and Regulations]
[Pages 27531-27533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12508]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0221]
RIN 1625-AA00
Safety Zone for Fireworks Display; Upper Potomac River,
Washington, DC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
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 Upper
Potomac River at Washington, DC, during a fireworks display on July 4,
2019 (with alternate date of July 5, 2019). This regulation prohibits
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.
DATES: This rule is effective from 8 p.m. on July 4, 2019, through
10:30 p.m. on July 5, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0221 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 on 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 [email protected].
SUPPLEMENTARY INFORMATION:
[[Page 27532]]
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
The National Park Service will be conducting a fireworks display,
launched from the West Potomac Park, adjacent to the Upper Potomac
River in Washington, DC, between 9:07 p.m. and 9:27 p.m. on July 4,
2019. In the event of inclement weather on July 4th, the fireworks
display will be launched from the same location, during those same
times, on July 5, 2019. The COTP Maryland-National Capital Region has
determined that the display poses a safety concern for anyone within
1,000 feet of the fireworks discharge site--the potential exists for
accidental discharge of fireworks, dangerous projectiles, and falling
hot embers or other debris. Due to these safety concerns, on April 29,
2019, the Coast Guard published a notice of proposed rulemaking (NPRM),
``Safety Zone for Fireworks Display; Upper Potomac River, Washington,
DC'' (84 FR 17984). There we stated why we issued the NPRM, and invited
comments on our proposal to create a safety zone in association with
this fireworks display. During the comment period that ended May 29,
2019, we received one comment.
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 respond to the potential safety
hazards associated with the fireworks display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Maryland-
National Capital Region (COTP) has determined that potential hazards
associated with the fireworks to be used in this July 4, 2019, display
will be a safety concern for anyone within 1,000 feet of the fireworks
discharge site. The purpose of this rule is to ensure safety of vessels
and the navigable waters in the safety zone before, during, and after
the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on our NPRM published April
29, 2019. The comment was in support of the Coast Guard's rulemaking.
There are no changes in the regulatory text of this rule from the
proposed rule in the NPRM.
This rule establishes a safety zone that the Coast Guard will
enforce from 8 p.m. to 10:30 p.m. on July 4, 2019 (or, alternatively,
during those same hours on July 5th). The safety zone will cover all
navigable waters of the Upper Potomac River, including the Tidal Basin,
within 1,000 feet of the fireworks discharge site at West Potomac Park
in approximate position latitude 38[deg]53'07.1'' N, longitude
077[deg]02'49.5'' W, located at Washington, DC. The duration of the
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. 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. Vessel traffic will be
able to safely transit around this safety zone which will impact a
small designated area of the Upper Potomac River for less than 3 hours
during the evening when vessel traffic 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 received no comments from the Small Business
Administration on this rulemaking. 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
[[Page 27533]]
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.
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 Environmental Planning COMDTINST 5090.1 (series),
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 2.5 hours that
will prohibit entry within a portion of the Upper Potomac River,
including the Tidal Basin, in Washington, DC. It is categorically
excluded from further review under paragraph L60(a) in Table 3-1 of
U.S. Coast Guard Environmental Planning Implementing Procedures 5090.1.
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
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T05-0221 to read as follows:
Sec. 165.T05-0221 Safety Zone for Fireworks Display; Upper Potomac
River, Washington, DC.
(a) Location. The following area is a safety zone: All navigable
waters of the Upper Potomac River, including the Tidal Basin, within
1,000 feet of the fireworks discharge site at West Potomac Park in
approximate position latitude 38[deg]53'07.1'' N, longitude
077[deg]02'49.5'' W, 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 period. This section will be enforced from 8 p.m.
to 10:30 p.m. on July 4, 2019, or if necessary due to inclement
weather, from 8 p.m. to 10:30 p.m. on July 5, 2019.
Dated: June 10, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2019-12508 Filed 6-12-19; 8:45 am]
BILLING CODE 9110-04-P
