Safety Zone for Fireworks Display; Anacostia River, Washington, DC, 12452-12454 [2020-04302]
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12452
Federal Register / Vol. 85, No. 42 / Tuesday, March 3, 2020 / Proposed Rules
purpose of this notice is to solicit public
comments on the proposed increase in
LHG marine traffic on the SabineNeches Waterway. The Coast Guard
believes that public input may be useful
to the Captain of the Port Marine Safety
Unit Port Arthur with respect to
validating the information provided in
Martin Midstream Partner’s LOI and
WSA and the development of the Coast
Guard’s LOR. A brief summary of
Martin Midstream Partner’s proposal is
available in the docket where indicated
under ADDRESSES.
On January 24, 2011, the Coast Guard
published Navigation and Vessel
Inspection Circular (NVIC) 01–2011,
titled ‘‘Guidance Related to Waterfront
Liquefied Natural Gas (LNG) Facilities.’’
NVIC 01–2011 provides guidance for
owners and operators seeking approval
to build and operate LNG facilities. The
Coast Guard will refer to NVIC 01–2011
for process information and guidance in
evaluating Martin Midstream Partner’s
Preliminary WSA. NVIC 01–2011 is
available in the docket where indicated
under ADDRESSES and also on the Coast
Guard’s website at https://
www.dco.uscg.mil/Portals/9/
DCO%20Documents/5p/5ps/NVIC/
2011/NVIC%2001-2011%20Final.pdf.
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IV. Public Participation and Request for
Comments
We encourage you to submit
comments through the Federal portal at
https://www.regulations.gov. If your
material cannot be submitted using
https://www.regulations.gov, contact the
person in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions. In your
submission, please include the docket
number for this notice of inquiry and
provide a reason for each suggestion or
recommendation.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this notice
of inquiry as being available in the
docket, and all public comments, will
be in our online docket at https://
www.regulations.gov and can be viewed
by following that website’s instructions.
This document is issued under
authority of 5 U.S.C. 552(a).
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Dated: February 26, 2020.
Jacqueline Twomey,
Captain, U.S. Coast Guard, Captain of the
Port Marine Safety Unit Port Arthur.
U.S.C.
[FR Doc. 2020–04310 Filed 3–2–20; 8:45 am]
National Cherry Blossom Festival,
Inc., notified the Coast Guard that it will
be conducting a fireworks display on
April 11, 2020, from 8:30 p.m. to 8:45
p.m. in conjunction with the National
Cherry Blossom Festival. In the event of
inclement weather, the event will be
held those same hours on April 12,
2020. The fireworks will be launched
from a barge located in the Anacostia
River across from Yards Park in
Washington, DC. Hazards from the
firework display include accidental
discharge of fireworks, dangerous
projectiles, and falling hot embers or
other debris. The COTP MarylandNational Capital Region has determined
that potential hazards associated with
the fireworks to be used in this display
would be a safety concern for anyone in
the Anacostia River near the fireworks
barge.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within 400 feet of the
fireworks barge before, during, and after
the scheduled event. The Coast Guard is
proposing this rulemaking under
authority in 46 U.S.C. 70034 (previously
33 U.S.C. 1231).
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0112]
RIN 1625–AA00
Safety Zone for Fireworks Display;
Anacostia River, Washington, DC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary safety zone for
certain navigable waters of the
Anacostia River in Washington, DC, on
April 11, 2020 (with alternate date of
April 12, 2020). This action is necessary
to provide for the safety of life on these
waters during a fireworks display. This
rulemaking would prohibit persons and
vessels from entering the safety zone
unless authorized by the Captain of the
Port Maryland-National Capital Region
or a designated representative. We
invite your comments on this proposed
rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before April 2, 2020.
ADDRESSES: You may submit comments
identified by docket number USCG–
2020–0112 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email MST3
Courtney Perry, Sector MarylandNational Capital Region Waterways
Management Division, U.S. Coast
Guard; telephone (410) 576–2674, email
Courtney.E.Perry@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
United States Code
II. Background, Purpose, and Legal
Basis
III. Discussion of Proposed Rule
The COTP is proposing to establish a
safety zone to be enforced from 7:30
p.m. to 9:45 p.m. on April 11, 2020 (or
alternatively, in case of rain, from 7:30
p.m. to 9:45 p.m. on April 12, 2020).
The safety zone would cover all
navigable waters of the Anacostia River
within 400 feet of the fireworks barge,
in approximate position latitude
38°52′16.3″ N, longitude 077°00′09.7 W,
located at Washington, DC. The
duration and enforcement of the safety
zone is intended to ensure the safety of
vessels and these navigable waters
before, during, and after the scheduled
fireworks display. No vessel or person
would be permitted to enter the safety
zone without first obtaining permission
from the COTP or a designated
representative. The regulatory text we
are proposing appears at the end of this
document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
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Federal Register / Vol. 85, No. 42 / Tuesday, March 3, 2020 / Proposed Rules
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on size, duration, time-of-day
and time-of-year of the safety zone.
Although this safety zone would restrict
access to certain parts of the waterway,
it would only impact a small designated
area for a short period of time. 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 certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
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16:40 Mar 02, 2020
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jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132
(Federalism), if it has a substantial
direct effect on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this proposed rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, Rev. 1,
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12453
associated implementing instructions,
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 made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves a safety zone that would
be enforced for less than 2.5 hours that
would prohibit entry within 400 feet of
a fireworks barge. 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. 1. A preliminary Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
E:\FR\FM\03MRP1.SGM
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Federal Register / Vol. 85, No. 42 / Tuesday, March 3, 2020 / Proposed Rules
provided. For more about privacy and
submissions in response to this
document, see DHS’s Correspondence
System of Records notice (84 FR 48645,
September 26, 2018).
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
Dated: February 26, 2020.
Mathew S. Fine,
Commander, U.S. Coast Guard, Acting
Captain of the Port Sector Maryland-NCR.
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 is proposing
to amend 33 CFR part 165 as follows:
[FR Doc. 2020–04302 Filed 3–2–20; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
[EPA–HQ–OPP–2020–0053; FRL–10005–58]
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.
2. Add § 165.T05–0112 to read as
follows:
■
§ 165.T05–0112 Safety Zone for Fireworks
Display; Anacostia River, Washington, DC.
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VHF–FM channel 16 (156.8 MHz).
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 period. This section
will be enforced from 7:30 p.m. to 9:45
p.m. on April 11, 2020. Or alternatively,
if necessary due to inclement weather it
will be enforced from 7:30 p.m. to 9:45
p.m. on April 12, 2020.
(a) Location. The following area is a
safety zone: All navigable waters of the
Anacostia River within 400 feet of the
fireworks barge, in approximate position
latitude 38°52′16.3″ N, longitude
077°00′09.7 W, located at Washington,
DC. These coordinates are based on
datum NAD 1983.
(b) Definitions. As used in this
section—
Captain of the Port (COTP) means the
Commander, U.S. Coast Guard Sector
Maryland-National Capital Region.
Designated representative means any
Coast Guard commissioned, warrant, or
petty officer who has been authorized
by the Captain of the Port MarylandNational Capital Region to assist in
enforcing the security 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.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by telephone number
410–576–2693 or on Marine Band Radio
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BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
Receipt of a Pesticide Petition Filed for
Residues of Pesticide Chemicals in or
on Various Commodities (January
2020)
Environmental Protection
Agency (EPA).
ACTION: Notice of filing of petition and
request for comment.
AGENCY:
This document announces the
Agency’s receipt of an initial filing of a
pesticide petition requesting the
establishment or modification of
regulations for residues of pesticide
chemicals in or on various commodities.
DATES: Comments must be received on
or before April 2, 2020.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
SUMMARY:
PO 00000
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dockets generally, is available at https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael Goodis, Registration Division
(7505P), main telephone number: (703)
305–7090, email address:
RDFRNotices@epa.gov; or Robert
McNally, Biopesticides and Pollution
Prevention Division (7511P), main
telephone number: (703) 305–7090,
email address: BPPDFRNotices@
epa.gov. The mailing address for each
contact person is: Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001. As part of
the mailing address, include the contact
person’s name, division, and mail code.
The division to contact is listed at the
end of each pesticide petition summary.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. What should I consider as I prepare
my comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
regulations.gov or email. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments.
When preparing and submitting your
comments, see the commenting tips at
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Agencies
[Federal Register Volume 85, Number 42 (Tuesday, March 3, 2020)]
[Proposed Rules]
[Pages 12452-12454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04302]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0112]
RIN 1625-AA00
Safety Zone for Fireworks Display; Anacostia River, Washington,
DC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain navigable waters of the Anacostia River in Washington,
DC, on April 11, 2020 (with alternate date of April 12, 2020). This
action is necessary to provide for the safety of life on these waters
during a fireworks display. This rulemaking would prohibit persons and
vessels from entering the safety zone unless authorized by the Captain
of the Port Maryland-National Capital Region or a designated
representative. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before April 2, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0112 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST3 Courtney Perry, Sector
Maryland-National Capital Region Waterways Management Division, U.S.
Coast Guard; telephone (410) 576-2674, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
National Cherry Blossom Festival, Inc., notified the Coast Guard
that it will be conducting a fireworks display on April 11, 2020, from
8:30 p.m. to 8:45 p.m. in conjunction with the National Cherry Blossom
Festival. In the event of inclement weather, the event will be held
those same hours on April 12, 2020. The fireworks will be launched from
a barge located in the Anacostia River across from Yards Park in
Washington, DC. Hazards from the firework display include accidental
discharge of fireworks, dangerous projectiles, and falling hot embers
or other debris. The COTP Maryland-National Capital Region has
determined that potential hazards associated with the fireworks to be
used in this display would be a safety concern for anyone in the
Anacostia River near the fireworks barge.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within 400 feet of the fireworks barge before,
during, and after the scheduled event. The Coast Guard is proposing
this rulemaking under authority in 46 U.S.C. 70034 (previously 33
U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone to be enforced
from 7:30 p.m. to 9:45 p.m. on April 11, 2020 (or alternatively, in
case of rain, from 7:30 p.m. to 9:45 p.m. on April 12, 2020). The
safety zone would cover all navigable waters of the Anacostia River
within 400 feet of the fireworks barge, in approximate position
latitude 38[deg]52'16.3'' N, longitude 077[deg]00'09.7 W, located at
Washington, DC. The duration and enforcement of the safety zone is
intended to ensure the safety of vessels and these navigable waters
before, during, and after the scheduled fireworks display. No vessel or
person would be permitted to enter the safety zone without first
obtaining permission from the COTP or a designated representative. The
regulatory text we are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.
[[Page 12453]]
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on size, duration,
time-of-day and time-of-year of the safety zone. Although this safety
zone would restrict access to certain parts of the waterway, it would
only impact a small designated area for a short period of time. The
Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, 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 made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a safety
zone that would be enforced for less than 2.5 hours that would prohibit
entry within 400 feet of a fireworks barge. 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. 1. A
preliminary Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have
[[Page 12454]]
provided. For more about privacy and submissions in response to this
document, see DHS's Correspondence System of Records notice (84 FR
48645, September 26, 2018).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 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.T05-0112 to read as follows:
Sec. 165.T05-0112 Safety Zone for Fireworks Display; Anacostia River,
Washington, DC.
(a) Location. The following area is a safety zone: All navigable
waters of the Anacostia River within 400 feet of the fireworks barge,
in approximate position latitude 38[deg]52'16.3'' N, longitude
077[deg]00'09.7 W, located at Washington, DC. These coordinates are
based on datum NAD 1983.
(b) Definitions. As used in this section--
Captain of the Port (COTP) means the Commander, U.S. Coast Guard
Sector Maryland-National Capital Region.
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
security 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.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by telephone number 410-576-2693 or on Marine Band Radio
VHF-FM channel 16 (156.8 MHz). 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 period. This section will be enforced from 7:30
p.m. to 9:45 p.m. on April 11, 2020. Or alternatively, if necessary due
to inclement weather it will be enforced from 7:30 p.m. to 9:45 p.m. on
April 12, 2020.
Dated: February 26, 2020.
Mathew S. Fine,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector
Maryland-NCR.
[FR Doc. 2020-04302 Filed 3-2-20; 8:45 am]
BILLING CODE 9110-04-P