83_FR_55546 83 FR 55332 - Safety Zone for Fireworks Display, Upper Potomac River, Washington Channel, DC

83 FR 55332 - Safety Zone for Fireworks Display, Upper Potomac River, Washington Channel, DC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 214 (November 5, 2018)

Page Range55332-55334
FR Document2018-24121

The Coast Guard proposes to establish a temporary safety zone for certain waters of the Upper Potomac River. This action is necessary to provide for the safety of life on these navigable waters of the Washington Channel adjacent to The Wharf DC, Washington, DC, during a fireworks display on December 1, 2018. This proposed rulemaking would prohibit 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. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 214 (Monday, November 5, 2018)
[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Proposed Rules]
[Pages 55332-55334]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24121]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0999]
RIN 1625-AA00


Safety Zone for Fireworks Display, Upper Potomac River, 
Washington Channel, DC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for certain waters of the Upper Potomac River. This action is necessary 
to provide for the safety of life on these navigable waters of the 
Washington Channel adjacent to The Wharf DC, Washington, DC, during a 
fireworks display on December 1, 2018. This proposed rulemaking would 
prohibit 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. We invite your comments on this 
proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before November 19, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0999 using the Federal eRulemaking Portal at http://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 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 55333]]

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

    On October 10, 2018, Pyrotecnico, Inc., of New Castle, PA, notified 
the Coast Guard that it will be conducting a fireworks display from 
7:45 p.m. to 8 p.m. on December 1, 2018, sponsored by The Wharf DC. The 
fireworks are to be launched from a barge in the Washington Channel, 
adjacent to The Wharf DC in Washington, DC. Additional details were 
received on October 18, 2018. Hazards from the fireworks display 
include accidental discharge of fireworks, dangerous projectiles, and 
falling hot embers or other debris. The Captain of the Port Maryland-
National Capital Region (COTP) has determined that potential hazards 
associated with the fireworks to be used in this display would be a 
safety concern for anyone within 200 feet of the fireworks barge.
    The purpose of this rulemaking is to ensure the safety of vessels 
on the navigable waters within 200 feet of the fireworks barge on the 
Washington Channel before, during, and after the scheduled event. The 
Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231.
    Because of when final details of the event were provided to the 
Coast Guard, the Coast Guard does not have time to provide a full 30 
day comment period and publish a final rule. Instead, the Coast Guard 
is providing 14 day comment period. The Coast Guard believes that 14 
days will provide adequate time for interested individuals to review 
and provide meaningful comment on the proposal.

III. Discussion of Proposed Rule

    The COTP proposes to establish a temporary safety zone in the 
Washington Channel from 7 p.m. to 9 p.m. on December 1, 2018. The 
safety zone would cover all navigable waters within 200 feet of the 
fireworks barge in the Washington Channel located within an area 
bounded on the south by latitude 38[deg]52'30'' W, and bounded on the 
north by the Francis Case (I-395) Memorial Bridge, located at 
Washington, DC. The duration of the safety zone is intended to ensure 
the safety of vessels and these navigable waters before, during, and 
after the scheduled fireworks display. No vessel or person 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. 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 the size, 
duration, and time-of-day of the safety zone. Although vessel traffic 
will not be able to safely transit around this safety zone, the impact 
would be for 2 hours during the evening when vessel traffic in 
Washington Channel is normally low. Moreover, the Coast Guard will 
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about 
the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
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 contact 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 contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

[[Page 55334]]

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 Management Directive 023-01 and Commandant Instruction 
M16475.lD, 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 2 hours that would prohibit entry within a portion of the 
Washington Channel. Normally such actions are categorically excluded 
from further review under paragraph L60(a) of Appendix A, Table 1 of 
DHS Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record of 
Environmental Consideration supporting this determination is available 
in the docket where indicated under ADDRESSES. 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 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.

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 http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact 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 http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://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 proposes 
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: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; and; Department of Homeland Security Delegation 
No. 0170.1.

0
2. Add Sec.  165.T05-0999 to read as follows:


Sec.  165.T05-0999   Safety Zone for Fireworks Display, Upper Potomac 
River, Washington Channel, Washington, DC.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Washington Channel within 200 feet of the fireworks barge 
located within an area bounded on the south by latitude 38[deg]52'30'' 
W, and bounded on the north by the southern extent of the Francis Case 
(I-395) Memorial Bridge, located at Washington, DC. All coordinates 
refer to datum NAD 1983.
    (b) Definitions. As used in this section:
    (1) Captain of the Port (COTP) means the Commander, U.S. Coast 
Guard Sector Maryland-National Capital Region.
    (2) Designated representative means any Coast Guard commissioned, 
warrant, or petty officer who has been authorized by the Captain of the 
Port Maryland-National Capital Region to assist in enforcing the safety 
zone described in paragraph (a) of this section.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative. All vessels underway within this 
safety zone at the time it is activated are to depart the zone.
    (2) To seek permission to enter, contact the COTP or the COTP's 
designated representative by telephone at 410-576-2693 or on Marine 
Band Radio VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels 
enforcing this section can be contacted on Marine Band Radio VHF-FM 
channel 16 (156.8 MHz).
    (3) Those in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative.
    (d) Enforcement officials. The U.S. Coast Guard may be assisted in 
the patrol and enforcement of the safety zone by Federal, State, and 
local agencies.
    (e) Enforcement period. This section will be enforced from 7 p.m. 
to 9 p.m. on December 1, 2018.

    Dated: October 30, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2018-24121 Filed 11-2-18; 8:45 am]
 BILLING CODE 9110-04-P



     55332                Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Proposed Rules

     § 111.6   Procedures.                                      (3) In order to continue benefits, the             dependent-abuse misconduct, may
        (a) Recipients of payment. The                       spouse or former spouse must annually                 receive medical and dental care in
     Secretary concerned makes TC                            certify to DFAS that he or she is not                 accordance with 10 U.S.C. 1408(h).
     payments to Service member                              remarried or is not cohabitating with the               Dated: October 29, 2018.
     dependents, former dependents, or                       Service member separated for the abuse.               Aaron T. Siegel,
     court-appointed guardians as described                  DFAS will provide a form for
                                                                                                                   Alternate OSD Federal Register Liaison
     by 10 U.S.C. 1059. If a recipient is                    recertification of benefits.                          Officer, Department of Defense.
     incapable of handling his or her own                       (d) Coordination of benefits. A spouse
                                                                                                                   [FR Doc. 2018–23964 Filed 11–2–18; 8:45 am]
     affairs, payments may be made only to                   or former spouse may not concurrently
                                                                                                                   BILLING CODE 5001–06–P
     a court-appointed guardian.                             receive TC payments and retired pay
        (b) Payments.                                        payments pursuant to 10 U.S.C. 1059
        (1) Payments begin in accordance                     and 1408(h), respectively. If a spouse or
     with 10 U.S.C. 1059.                                    former spouse is eligible for both TC                 DEPARTMENT OF HOMELAND
        (2) Payments must continue for at                    payments and retired pay payments, the                SECURITY
     least 12 months and no more than 36                     spouse or former spouse chooses which
     months, as prescribed by the applicable                 of the two payments to receive. If the                Coast Guard
     Secretary of the Military Department.                   spouse or former spouse receives TC
     When the unserved portion of the                        payments and later receives payments                  33 CFR Part 165
     Service member’s obligated active duty                  from a Service member’s retired pay,
     service, as of the starting date of                     any TC received concurrently with                     [Docket Number USCG–2018–0999]
     payment, is greater than 12 months and                  retired pay must be recouped.
     less than or equal to 36 months,                           (e) Source of funds. TC must be paid               RIN 1625–AA00
     payments continue for no less than the                  from operations and maintenance funds
     unserved portion.                                       of the Department of the Service                      Safety Zone for Fireworks Display,
        (i) For enlisted Service members,                    member.                                               Upper Potomac River, Washington
     obligated active duty service is the time                  (f) Application of procedures. An                  Channel, DC
     remaining on their terms of enlistment.                 individual must initiate a request for TC             AGENCY:   Coast Guard, DHS.
        (ii) For officers, obligated active duty             through a Service-appointed
     service is indefinite unless an officer                                                                       ACTION:   Notice of proposed rulemaking.
                                                             representative. The Service-appointed
     has a date of separation established. In                representative:                                       SUMMARY:   The Coast Guard proposes to
     that case, it is the time remaining until                  (1) Collects data and validates the                establish a temporary safety zone for
     the date of separation.                                 claim using DD Form 2698 (available at                certain waters of the Upper Potomac
        (3) The amount of payment will be in                 http://www.esd.whs.mil/Portals/54/                    River. This action is necessary to
     accordance with 10 U.S.C. 1059. Partial                 Documents/DD/forms/dd/dd2698.pdf).                    provide for the safety of life on these
     month entitlements are pro-rated. If a                     (2) Approves payment and forwards                  navigable waters of the Washington
     recipient dies, arrears of payments are                 the application to DFAS unless                        Channel adjacent to The Wharf DC,
     not paid.                                               otherwise submitted by the Secretary                  Washington, DC, during a fireworks
        (4) Payments will be stopped in                      concerned in accordance with 10 U.S.C.                display on December 1, 2018. This
     accordance with 10 U.S.C. 1059.                         1059.                                                 proposed rulemaking would prohibit
        (i) Payments will end on the first day                  (g) Commissary and exchange benefits               persons and vessels from being in the
     of the first month following the month                     (1) A recipient of TC is entitled to use
                                                                                                                   safety zone unless authorized by the
     in which the Secretary concerned                        commissary and exchange stores while
                                                                                                                   Captain of the Port Maryland-National
     notifies the recipient of such                          receiving payments.
                                                                (2) If a recipient entitled to use                 Capital Region or a designated
     transitional compensation in writing
                                                             commissary and exchange stores is also                representative. We invite your
     that the payment of TC will stop.
        (ii) Recipients are not required to                  entitled to use commissary and                        comments on this proposed rulemaking.
     repay amounts of TC received before the                 exchange stores under another provision               DATES: Comments and related material
     effective date payment is stopped, in                   of law, the entitlement is determined                 must be received by the Coast Guard on
     accordance with paragraph (b)(4)(i) of                  under the other provision of law and not              or before November 19, 2018.
     this section; however, TC may be                        paragraph (g)(1).                                     ADDRESSES: You may submit comments
     recouped for erroneous payments or                         (h) Medical benefits.                              identified by docket number USCG–
     payments made based on false                               (1) The Secretary concerned will                   2018–0999 using the Federal
     information provided.                                   determine appropriate medical and                     eRulemaking Portal at http://
        (c) Forfeiture provisions. In addition               dental care eligibility for TC recipients             www.regulations.gov. See the ‘‘Public
     to 10 U.S.C. 1059, the following                        and affected dependents. At a                         Participation and Request for
     requirements apply:                                     minimum, an abused dependent who is                   Comments’’ portion of the
        (1) The former spouse receiving TC                   receiving TC in accordance with                       SUPPLEMENTARY INFORMATION section for
     must notify the Defense Finance                         paragraph (a) of this part may receive                further instructions on submitting
     Accounting Services (DFAS) within 30                    medical and dental care, including                    comments.
     days of remarriage or if the spouse or                  mental health services, in facilities of
                                                                                                                   FOR FURTHER INFORMATION CONTACT:   If
     former spouse begins residing in the                    the military services or through the
                                                                                                                   you have questions about this proposed
     same household as the spouse or former                  TRICARE program as outlined in 10
                                                                                                                   rulemaking, call or email Mr. Ron
     spouse.                                                 U.S.C. 1076 and 1077.
        (2) If a Service member’s dependent                     (2) Dental care may be provided on a               Houck, Sector Maryland-National
     child is not living in the same                         space-available basis in facilities of the            Capital Region Waterways Management
     household as the spouse or former                       military services.                                    Division, U.S. Coast Guard; telephone
     spouse who forfeits TC, payments are                       (3) Eligible dependents of a member                410–576–2674, email Ronald.L.Houck@
     made to each dependent child or his or                  who is retirement eligible, but who loses             uscg.mil.
     her court-appointed guardian.                           eligibility for retirement pay because of             SUPPLEMENTARY INFORMATION:



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                          Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Proposed Rules                                            55333

     I. Table of Abbreviations                               scheduled fireworks display. No vessel                significant economic impact on any
                                                             or person would be permitted to enter                 vessel owner or operator.
     CFR Code of Federal Regulations                         the safety zone without obtaining
     COTP Captain of the Port                                                                                         If you think that your business,
                                                             permission from the COTP or a                         organization, or governmental
     DHS Department of Homeland Security                     designated representative. The
     FR Federal Register                                                                                           jurisdiction qualifies as a small entity
     NPRM Notice of proposed rulemaking
                                                             regulatory text we are proposing appears              and that this rule would have a
     § Section                                               at the end of this document.                          significant economic impact on it,
     U.S.C. United States Code                               IV. Regulatory Analyses                               please submit a comment (see
                                                                                                                   ADDRESSES) explaining why you think it
     II. Background, Purpose, and Legal                        We developed this proposed rule after
                                                                                                                   qualifies and how and to what degree
     Basis                                                   considering numerous statutes and
                                                                                                                   this rule would economically affect it.
                                                             Executive orders related to rulemaking.
        On October 10, 2018, Pyrotecnico,                                                                             Under section 213(a) of the Small
                                                             Below we summarize our analyses
     Inc., of New Castle, PA, notified the                                                                         Business Regulatory Enforcement
                                                             based on a number of these statutes and
     Coast Guard that it will be conducting                                                                        Fairness Act of 1996 (Pub. L. 104–121),
                                                             Executive orders and we discuss First
     a fireworks display from 7:45 p.m. to 8                                                                       we want to assist small entities in
                                                             Amendment rights of protestors.
     p.m. on December 1, 2018, sponsored by                                                                        understanding this proposed rule. If the
     The Wharf DC. The fireworks are to be                   A. Regulatory Planning and Review                     rule would affect your small business,
     launched from a barge in the                                                                                  organization, or governmental
                                                                Executive Orders 12866 and 13563
     Washington Channel, adjacent to The                                                                           jurisdiction and you have questions
                                                             direct agencies to assess the costs and
     Wharf DC in Washington, DC.                                                                                   concerning its provisions or options for
                                                             benefits of available regulatory
     Additional details were received on                                                                           compliance, please contact the person
                                                             alternatives and, if regulation is
     October 18, 2018. Hazards from the
                                                             necessary, to select regulatory                       listed in the FOR FURTHER INFORMATION
     fireworks display include accidental
                                                             approaches that maximize net benefits.                CONTACT section. The Coast Guard will
     discharge of fireworks, dangerous
                                                             Executive Order 13771 directs agencies                not retaliate against small entities that
     projectiles, and falling hot embers or
                                                             to control regulatory costs through a                 question or complain about this
     other debris. The Captain of the Port
                                                             budgeting process. This NPRM has not                  proposed rule or any policy or action of
     Maryland-National Capital Region
                                                             been designated a ‘‘significant                       the Coast Guard.
     (COTP) has determined that potential
                                                             regulatory action,’’ under Executive
     hazards associated with the fireworks to                                                                      C. Collection of Information
                                                             Order 12866. Accordingly, the NPRM
     be used in this display would be a safety
                                                             has not been reviewed by the Office of                  This proposed rule would not call for
     concern for anyone within 200 feet of
                                                             Management and Budget (OMB), and                      a new collection of information under
     the fireworks barge.
        The purpose of this rulemaking is to                 pursuant to OMB guidance it is exempt                 the Paperwork Reduction Act of 1995
     ensure the safety of vessels on the                     from the requirements of Executive                    (44 U.S.C. 3501–3520).
     navigable waters within 200 feet of the                 Order 13771.
                                                                This regulatory action determination               D. Federalism and Indian Tribal
     fireworks barge on the Washington
                                                             is based on the size, duration, and time-             Governments
     Channel before, during, and after the
     scheduled event. The Coast Guard                        of-day of the safety zone. Although
                                                                                                                      A rule has implications for federalism
     proposes this rulemaking under                          vessel traffic will not be able to safely
                                                                                                                   under Executive Order 13132,
     authority in 33 U.S.C. 1231.                            transit around this safety zone, the
                                                                                                                   Federalism, if it has a substantial direct
        Because of when final details of the                 impact would be for 2 hours during the
                                                                                                                   effect on the States, on the relationship
     event were provided to the Coast Guard,                 evening when vessel traffic in
                                                                                                                   between the national government and
     the Coast Guard does not have time to                   Washington Channel is normally low.
                                                             Moreover, the Coast Guard will issue a                the States, or on the distribution of
     provide a full 30 day comment period                                                                          power and responsibilities among the
     and publish a final rule. Instead, the                  Broadcast Notice to Mariners via VHF–
                                                             FM marine channel 16 about the zone.                  various levels of government. We have
     Coast Guard is providing 14 day                                                                               analyzed this proposed rule under that
     comment period. The Coast Guard                         B. Impact on Small Entities                           Order and have determined that it is
     believes that 14 days will provide                                                                            consistent with the fundamental
     adequate time for interested individuals                   The Regulatory Flexibility Act of
                                                             1980, 5 U.S.C. 601–612, as amended,                   federalism principles and preemption
     to review and provide meaningful                                                                              requirements described in Executive
     comment on the proposal.                                requires Federal agencies to consider
                                                             the potential impact of regulations on                Order 13132.
     III. Discussion of Proposed Rule                        small entities during rulemaking. The                    Also, this proposed rule does not have
        The COTP proposes to establish a                     term ‘‘small entities’’ comprises small               tribal implications under Executive
     temporary safety zone in the                            businesses, not-for-profit organizations              Order 13175, Consultation and
     Washington Channel from 7 p.m. to 9                     that are independently owned and                      Coordination with Indian Tribal
     p.m. on December 1, 2018. The safety                    operated and are not dominant in their                Governments, because it would not have
     zone would cover all navigable waters                   fields, and governmental jurisdictions                a substantial direct effect on one or
     within 200 feet of the fireworks barge in               with populations of less than 50,000.                 more Indian tribes, on the relationship
     the Washington Channel located within                   The Coast Guard certifies under 5 U.S.C.              between the Federal Government and
     an area bounded on the south by                         605(b) that this proposed rule would not              Indian tribes, or on the distribution of
     latitude 38°52′30″ W, and bounded on                    have a significant economic impact on                 power and responsibilities between the
     the north by the Francis Case (I–395)                   a substantial number of small entities.               Federal Government and Indian tribes.
     Memorial Bridge, located at                                While some owners or operators of                  If you believe this proposed rule has
     Washington, DC. The duration of the                     vessels intending to transit the safety               implications for federalism or Indian
     safety zone is intended to ensure the                   zone may be small entities, for the                   tribes, please contact the person listed
     safety of vessels and these navigable                   reasons stated in section IV.A above,                 in the FOR FURTHER INFORMATION
     waters before, during, and after the                    this proposed rule would not have a                   CONTACT section.



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     55334                Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Proposed Rules

     E. Unfunded Mandates Reform Act                         document to which each comment                        Sector Maryland-National Capital
        The Unfunded Mandates Reform Act                     applies, and provide a reason for each                Region.
     of 1995 (2 U.S.C. 1531–1538) requires                   suggestion or recommendation.                            (2) Designated representative means
     Federal agencies to assess the effects of                  We encourage you to submit                         any Coast Guard commissioned,
     their discretionary regulatory actions. In              comments through the Federal                          warrant, or petty officer who has been
     particular, the Act addresses actions                   eRulemaking Portal at http://                         authorized by the Captain of the Port
     that may result in the expenditure by a                 www.regulations.gov. If your material                 Maryland-National Capital Region to
     State, local, or tribal government, in the              cannot be submitted using http://                     assist in enforcing the safety zone
     aggregate, or by the private sector of                  www.regulations.gov, contact the person               described in paragraph (a) of this
     $100,000,000 (adjusted for inflation) or                in the FOR FURTHER INFORMATION                        section.
                                                             CONTACT section of this document for                     (c) Regulations. (1) Under the general
     more in any one year. Though this
                                                             alternate instructions.                               safety zone regulations in subpart C of
     proposed rule would not result in such
                                                                We accept anonymous comments. All                  this part, you may not enter the safety
     an expenditure, we do discuss the
                                                             comments received will be posted                      zone described in paragraph (a) of this
     effects of this rule elsewhere in this
                                                             without change to http://                             section unless authorized by the COTP
     preamble.
                                                             www.regulations.gov and will include                  or the COTP’s designated representative.
     F. Environment                                          any personal information you have                     All vessels underway within this safety
       We have analyzed this proposed rule                   provided. For more about privacy and                  zone at the time it is activated are to
     under Department of Homeland                            the docket, visit http://                             depart the zone.
     Security Management Directive 023–01                    www.regulations.gov/privacyNotice.                       (2) To seek permission to enter,
     and Commandant Instruction                                 Documents mentioned in this NPRM                   contact the COTP or the COTP’s
     M16475.lD, which guide the Coast                        as being available in the docket, and all             designated representative by telephone
     Guard in complying with the National                    public comments, will be in our online                at 410–576–2693 or on Marine Band
     Environmental Policy Act of 1969 (42                    docket at http://www.regulations.gov                  Radio VHF–FM channel 16 (156.8
     U.S.C. 4321–4370f), and have made a                     and can be viewed by following that                   MHz). The Coast Guard vessels
     preliminary determination that this                     website’s instructions. Additionally, if              enforcing this section can be contacted
     action is one of a category of actions that             you go to the online docket and sign up               on Marine Band Radio VHF–FM
     do not individually or cumulatively                     for email alerts, you will be notified                channel 16 (156.8 MHz).
     have a significant effect on the human                  when comments are posted or a final                      (3) Those in the safety zone must
     environment. This proposed rule                         rule is published.                                    comply with all lawful orders or
     involves a safety zone lasting 2 hours                                                                        directions given to them by the COTP or
                                                             List of Subjects in 33 CFR Part 165                   the COTP’s designated representative.
     that would prohibit entry within a
     portion of the Washington Channel.                        Harbors, Marine safety, Navigation                     (d) Enforcement officials. The U.S.
     Normally such actions are categorically                 (water), Reporting and recordkeeping                  Coast Guard may be assisted in the
     excluded from further review under                      requirements, Security measures,                      patrol and enforcement of the safety
     paragraph L60(a) of Appendix A, Table                   Waterways.                                            zone by Federal, State, and local
     1 of DHS Instruction Manual 023–01–                                                                           agencies.
                                                               For the reasons discussed in the
     001–01, Rev. 01. A preliminary Record                                                                            (e) Enforcement period. This section
                                                             preamble, the Coast Guard proposes to
     of Environmental Consideration                                                                                will be enforced from 7 p.m. to 9 p.m.
                                                             amend 33 CFR part 165 as follows:
     supporting this determination is                                                                              on December 1, 2018.
     available in the docket where indicated                 PART 165—REGULATED NAVIGATION                           Dated: October 30, 2018.
     under ADDRESSES. We seek any                            AREAS AND LIMITED ACCESS AREAS                        Joseph B. Loring,
     comments or information that may lead                                                                         Captain, U.S. Coast Guard, Captain of the
     to the discovery of a significant                       ■ 1. The authority citation for part 165              Port Maryland-National Capital Region.
     environmental impact from this                          continues to read as follows:                         [FR Doc. 2018–24121 Filed 11–2–18; 8:45 am]
     proposed rule.                                            Authority: 33 U.S.C. 1231; 50 U.S.C. 191,           BILLING CODE 9110–04–P
                                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
     G. Protest Activities                                   and; Department of Homeland Security
       The Coast Guard respects the First                    Delegation No. 0170.1.
                                                                                                                   LIBRARY OF CONGRESS
     Amendment rights of protesters.                         ■ 2. Add § 165.T05–0999 to read as
     Protesters are asked to contact the                     follows:                                              Copyright Royalty Board
     person listed in the FOR FURTHER
     INFORMATION CONTACT section to                          § 165.T05–0999 Safety Zone for Fireworks              37 CFR Chapter III
     coordinate protest activities so that your              Display, Upper Potomac River, Washington
     message can be received without                         Channel, Washington, DC.                              [Docket No. 18–CRB–0012–RM]
     jeopardizing the safety or security of                    (a) Location. The following area is a
                                                             safety zone: All navigable waters of the              Modification and Amendment of
     people, places, or vessels.
                                                             Washington Channel within 200 feet of                 Regulations To Conform to the MMA
     V. Public Participation and Request for                 the fireworks barge located within an
     Comments                                                                                                      AGENCY:  Copyright Royalty Board,
                                                             area bounded on the south by latitude                 Library of Congress.
       We view public participation as                       38°52′30″ W, and bounded on the north                 ACTION: Notification of inquiry.
     essential to effective rulemaking, and                  by the southern extent of the Francis
     will consider all comments and material                 Case (I–395) Memorial Bridge, located at              SUMMARY:   The Copyright Royalty Judges
     received during the comment period.                     Washington, DC. All coordinates refer to              (Judges) publish a notice of inquiry
     Your comment can help shape the                         datum NAD 1983.                                       regarding necessary and appropriate
     outcome of this rulemaking. If you                        (b) Definitions. As used in this                    modifications and amendments to
     submit a comment, please include the                    section:                                              agency regulations following enactment
     docket number for this rulemaking,                        (1) Captain of the Port (COTP) means                of a new law regarding the music
     indicate the specific section of this                   the Commander, U.S. Coast Guard                       industry.


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Document Created: 2018-11-03 00:28:54
Document Modified: 2018-11-03 00:28:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before November 19, 2018.
ContactIf you have questions about this proposed rulemaking, 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]
FR Citation83 FR 55332 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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