Safety Zone; Fireworks Display; James River, Newport News, VA, 16922-16924 [2023-05669]
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ddrumheller on DSK120RN23PROD with PROPOSALS1
16922
Federal Register / Vol. 88, No. 54 / Tuesday, March 21, 2023 / Proposed Rules
amendments that would require brokers
and dealers, investment companies, and
investment advisers registered with the
Commission to adopt written policies
and procedures for incident response
programs to address unauthorized
access to or use of customer
information, including procedures for
providing timely notification to
individuals affected by an incident
involving sensitive customer
information with details about the
incident and information designed to
help affected individuals respond
appropriately.3 The Commission also is
proposing to broaden the scope of
information covered by amending
requirements for safeguarding customer
records and information, and for
properly disposing of consumer report
information. In addition, the proposed
amendments would extend the
application of the safeguards provisions
to transfer agents. The proposed
amendments would also include
requirements to maintain written
records documenting compliance with
the proposed amended rules. Finally,
the proposed amendments would
conform annual privacy notice delivery
provisions to the terms of an exception
provided by a statutory amendment to
the Gramm-Leach-Bliley Act.
In the Cybersecurity Risk
Management Rule for Broker-Dealers,
Clearing Agencies, Major Security-Based
Swap Participants, the Municipal
Securities Rulemaking Board, National
Securities Associations, National
Securities Exchanges, Security-Based
Swap Data Repositories, Security-Based
Swap Dealers, and Transfer Agents
Release (‘‘Cybersecurity Release’’), the
Commission is proposing a new rule
and form and amendments to existing
recordkeeping rules to require brokerdealers, clearing agencies, major
security-based swap participants, the
Municipal Securities Rulemaking Board,
national securities associations, national
securities exchanges, security-based
swap data repositories, security-based
swap dealers, and transfer agents to
address cybersecurity risks through
policies and procedures, immediate
notification to the Commission of the
occurrence of a significant cybersecurity
incident and, as applicable, reporting
detailed information to the Commission
about a significant cybersecurity
incident, and public disclosures that
would improve transparency with
respect to cybersecurity risks and
3 See Regulation S–P: Privacy of Consumer
Financial Information and Safeguarding Customer
Information, Exchange Act Rel. No. 97141 (Mar. 15,
2023).
VerDate Sep<11>2014
17:21 Mar 20, 2023
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significant cybersecurity incidents.4 In
addition, the Commission is proposing
amendments to existing clearing agency
exemption orders to require the
retention of records that would need to
be made under the proposed
cybersecurity requirements. Finally, the
Commission is proposing amendments
to address the potential availability to
security-based swap dealers and major
security-based swap participants of
substituted compliance in connection
with those requirements.
In the Regulation Systems
Compliance and Integrity Release
(‘‘Regulation SCI Release,’’ and together
with the Regulation S–P and
Cybersecurity Releases, the ‘‘Related
Proposals’’), the Commission is
proposing amendments to Regulation
Systems Compliance and Integrity
(‘‘Regulation SCI’’) under the Securities
Exchange Act of 1934.5 The proposed
amendments would expand the
definition of ‘‘SCI entity’’ to include a
broader range of key market participants
in the U.S. securities market
infrastructure, and update certain
provisions of Regulation SCI to take
account of developments in the
technology landscape of the markets
since the adoption of Regulation SCI in
2014. The proposed expansion would
add the following entities to the
definition of ‘‘SCI entity’’: registered
security-based swap data repositories;
registered broker-dealers exceeding an
asset or transaction activity threshold;
and additional clearing agencies
exempted from registration. The
proposed updates would amend
provisions of Regulation SCI relating to:
(i) systems classification and lifecycle
management; (ii) third party/vendor
management; (iii) cybersecurity; (iv) the
SCI review; (v) the role of current SCI
industry standards; and (vi)
recordkeeping and related matters.
Further, the Commission is requesting
comment on whether significant-volume
ATSs and/or broker-dealers using
electronic or automated systems for
trading of corporate debt securities or
municipal securities should be subject
to Regulation SCI. The comment period
for each of the Related Proposals ends
May 22, 2023.
4 See Cybersecurity Risk Management Rule for
Broker-Dealers, Clearing Agencies, Major SecurityBased Swap Participants, the Municipal Securities
Rulemaking Board, National Securities
Associations, National Securities Exchanges,
Security-Based Swap Data Repositories, SecurityBased Swap Dealers, and Transfer Agents, Exchange
Act Rel. No. 97142 (Mar. 15, 2023).
5 See Regulation Systems Compliance and
Integrity, Exchange Act Rel. No. 97143 (Mar. 15,
2023).
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II. Reopening of the Comment Period
The Commission is reopening the
comment period for the proposed rules
so that commenters may consider
whether there would be any effects of
the Related Proposals that the
Commission should consider in
connection with the proposed rules.
Therefore, the Commission is reopening
the comment period for Release No. 33–
11028 ‘‘Cybersecurity Risk Management
for Investment Advisers, Registered
Investment Companies, and Business
Development Companies’’ until May 22,
2023.
By the Commission.
Dated: March 15, 2023.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2023–05766 Filed 3–20–23; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0127]
RIN 1625–AA00
Safety Zone; Fireworks Display; James
River, Newport News, VA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone for navigable
waters within a 400-yard radius of a
fireworks barge in the James River,
Newport News, VA. The safety zone is
needed to protect personnel, vessels,
and the marine environment from
potential hazards created by the
launching of fireworks. Entry of vessels
or persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port (COTP) Sector
Virginia. We invite your comments on
this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before April 20, 2023.
ADDRESSES: You may submit comments
identified by docket number USCG–
2023–0127 using the Federal DecisionMaking 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
SUMMARY:
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Federal Register / Vol. 88, No. 54 / Tuesday, March 21, 2023 / Proposed Rules
rulemaking, call or email LCDR Ashley
Holm, Chief, Waterways Management
Division, Sector Virginia, U.S. Coast
Guard; telephone 757–668–5580 email
Ashley.E.Holm@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On January 12, 2023, the City of
Newport News notified the Coast Guard
that it will be conducting fireworks
display annually on July 4th from 9 p.m.
to 9:30 p.m. each year, to commemorate
Independence Day. The fireworks are to
be launched from a barge at position
36°58′28.72″ N, 076°26′20.97″ W in the
James River in Newport News, VA.
Hazards from firework displays include
accidental discharge of fireworks,
dangerous projectiles, and falling hot
embers or other debris. The COTP
Sector Virginia has determined that
potential hazards associated with the
fireworks to be used in this display
would be a safety concern for anyone
within a 400-yard radius of the barge.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within a 400-yard
radius 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.
ddrumheller on DSK120RN23PROD with PROPOSALS1
III. Discussion of Proposed Rule
The COTP is proposing to establish a
safety zone annually on July 4th from 9
to 9:30 p.m. each year. The safety zone
would cover all navigable waters within
400 yards of the fireworks barge located
at position 36°58′28.72″ N,
076°26′20.97″ W in the James River in
Newport News, VA. The duration of the
zone is intended to ensure the safety of
vessels and these navigable waters
before, during, and after the fireworks
display. No vessel or person would be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
The regulatory text we are proposing
appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
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Executive orders, and we discuss First
Amendment rights of protestors.
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.
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).
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone.
Vessel traffic would be able to safely
transit around this safety zone which
would impact a small designated area of
the James River for less than 1 hour
during the evening when vessel traffic is
normally low. Moreover, the Coast
Guard would issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the zone, and the rule would
allow vessels to seek permission to enter
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 proposed 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
proposed rule would affect your small
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16923
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
potential effects of this proposed rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
E:\FR\FM\21MRP1.SGM
21MRP1
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Federal Register / Vol. 88, No. 54 / Tuesday, March 21, 2023 / Proposed Rules
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 lasting only
30 minutes that will prohibit entry
within 400 yards of the 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.
Submitting comments. We encourage
you to submit comments through the
Federal Decision-Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2023–0127 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. Also, if you click
on the Dockets tab and then the
proposed rule, you should see a
‘‘Subscribe’’ option for email alerts. The
option will notify you when comments
are posted, or a final rule is published.
We review all comments received, but
we will only post comments that
address the topic of the proposed rule.
We may choose not to post off-topic,
inappropriate, or duplicate comments
that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Amend § 165.506 by adding in
Table 3 to Paragraph (h)(3) the entry for
‘‘14’’ to read as follows:
■
§ 165.506 Safety Zones; Fireworks
Displays in the Fifth Coast Guard District.
*
*
*
(h) * * *
*
*
(3) Coast Guard Sector Virginia—COTP
Zone
TABLE 3 TO PARAGRAPH (h)(3)
*
14 ............
*
*
*
July 4th .....................................
*
*
*
*
*
*
All waters of the James River, within a 400-yard radius around
position 36°58′28.72″ N, 076°26′20.97″ W.
DEPARTMENT OF EDUCATION
Dated: March 13, 2023.
Jennifer A. Stockwell,
Captain, U.S. Coast Guard, Captain of the
Port Sector Virginia.
[FR Doc. 2023–05669 Filed 3–20–23; 8:45 am]
34 CFR Parts 662 and 663
[Docket ID ED–2023–OPE–0009]
RIN 1840–AD90
Fulbright-Hays Doctoral Dissertation
Research Abroad Fellowship Program
and Faculty Research Abroad
Fellowship Program
BILLING CODE 9110–04–P
ddrumheller on DSK120RN23PROD with PROPOSALS1
*
*
James River, Newport News,
VA; Safety Zone.
Office of Postsecondary
Education, Department of Education.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Secretary proposes to
amend the regulations that govern the
SUMMARY:
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17:21 Mar 20, 2023
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Fulbright-Hays Doctoral Dissertation
Research Abroad (DDRA) Fellowship
Program and the Faculty Research
Abroad (FRA) Fellowship Program. The
proposed changes would revise
language proficiency qualifications for
DDRA and FRA applicants and clarify
the Secretary’s discretionary use of
eligibility criteria.
DATES: We must receive your comments
on or before April 20, 2023.
ADDRESSES: Comments must be
submitted via the Federal eRulemaking
Portal at Regulations.gov. However, if
you require an accommodation or
cannot otherwise submit your
comments via Regulations.gov, please
E:\FR\FM\21MRP1.SGM
21MRP1
]]>Agencies
[Federal Register Volume 88, Number 54 (Tuesday, March 21, 2023)]
[Proposed Rules]
[Pages 16922-16924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05669]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0127]
RIN 1625-AA00
Safety Zone; Fireworks Display; James River, Newport News, VA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone for navigable
waters within a 400-yard radius of a fireworks barge in the James
River, Newport News, VA. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by the launching of fireworks. Entry of vessels or persons into
this zone is prohibited unless specifically authorized by the Captain
of the Port (COTP) Sector Virginia. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before April 20, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0127 using the Federal Decision-Making 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
[[Page 16923]]
rulemaking, call or email LCDR Ashley Holm, Chief, Waterways Management
Division, Sector Virginia, U.S. Coast Guard; telephone 757-668-5580
email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On January 12, 2023, the City of Newport News notified the Coast
Guard that it will be conducting fireworks display annually on July 4th
from 9 p.m. to 9:30 p.m. each year, to commemorate Independence Day.
The fireworks are to be launched from a barge at position
36[deg]58'28.72'' N, 076[deg]26'20.97'' W in the James River in Newport
News, VA. Hazards from firework displays include accidental discharge
of fireworks, dangerous projectiles, and falling hot embers or other
debris. The COTP Sector Virginia has determined that potential hazards
associated with the fireworks to be used in this display would be a
safety concern for anyone within a 400-yard radius of the barge.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 400-yard radius 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.
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone annually on July
4th from 9 to 9:30 p.m. each year. The safety zone would cover all
navigable waters within 400 yards of the fireworks barge located at
position 36[deg]58'28.72'' N, 076[deg]26'20.97'' W in the James River
in Newport News, VA. The duration of the zone is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the fireworks display. No vessel or person would be permitted to enter
the safety zone without obtaining permission from the COTP or a
designated representative. The regulatory text we are proposing appears
at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and 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. 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).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone which would
impact a small designated area of the James River for less than 1 hour
during the evening when vessel traffic is normally low. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, and the rule would allow vessels to
seek permission to enter 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 proposed 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 proposed 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 potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
[[Page 16924]]
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 lasting only 30 minutes that will prohibit entry within 400 yards
of the 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
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Submitting comments. We encourage you to submit comments through
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to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 165
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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Amend Sec. 165.506 by adding in Table 3 to Paragraph (h)(3) the
entry for ``14'' to read as follows:
Sec. 165.506 Safety Zones; Fireworks Displays in the Fifth Coast
Guard District.
* * * * *
(h) * * *
(3) Coast Guard Sector Virginia--COTP Zone
Table 3 to Paragraph (h)(3)
------------------------------------------------------------------------
------------------------------------------------------------------------
* * * * * * *
14............ July 4th........ James River, All waters of the
Newport News, James River, within
VA; Safety Zone. a 400-yard radius
around position
36[deg]58'28.72''
N,
076[deg]26'20.97''
W.
------------------------------------------------------------------------
* * * * *
Dated: March 13, 2023.
Jennifer A. Stockwell,
Captain, U.S. Coast Guard, Captain of the Port Sector Virginia.
[FR Doc. 2023-05669 Filed 3-20-23; 8:45 am]
BILLING CODE 9110-04-P
