83_FR_61030 83 FR 60802 - Safety Zone for Fireworks Display; Spa Creek, Annapolis, MD

83 FR 60802 - Safety Zone for Fireworks Display; Spa Creek, Annapolis, MD

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 228 (November 27, 2018)

Page Range60802-60804
FR Document2018-25841

The Coast Guard proposes to establish a temporary safety zone for certain waters of Spa Creek. This action is necessary to provide for the safety of life on these navigable waters of Spa Creek at Annapolis, MD, during a fireworks display on December 31, 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 228 (Tuesday, November 27, 2018)
[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Proposed Rules]
[Pages 60802-60804]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25841]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-1021]
RIN 1625-AA00


Safety Zone for Fireworks Display; Spa Creek, Annapolis, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for certain waters of Spa Creek. This action is necessary to provide 
for the safety of life on these navigable waters of Spa Creek at 
Annapolis, MD, during a fireworks display on December 31, 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 December 12, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-1021 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: 

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 17, 2018, Pyrotecnico, Inc., of New Castle, PA, notified 
the Coast Guard that it will be conducting a fireworks display from 
11:55 p.m. on December 31, 2018 to 12:30 a.m. on January 1, 2019, 
sponsored by the City of Annapolis, MD. The fireworks are to be 
launched from a barge in Spa Creek, in Annapolis, MD. Additional 
details were received on November 5, 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 400 feet of the 
fireworks barge.
    The purpose of this rulemaking is to ensure the safety of vessels 
on the navigable waters within 400 feet of the fireworks barge on Spa 
Creek before, during, and after the scheduled event. The Coast Guard 
proposes this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a temporary safety zone in Spa Creek 
from 11 p.m. on December 31, 2018 through 1 a.m. on January 1, 2019. 
The safety zone would cover all navigable waters within 400 feet of the 
fireworks barge in Spa Creek within 400 feet of the fireworks barge in 
approximate position latitude 38[deg]58'32.48'' N, longitude 
076[deg]28'57.55'' W, located at Annapolis, MD. 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

[[Page 60803]]

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 Spa 
Creek 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.

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 two hours that would prohibit entry within a portion of 
Spa Creek. 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://

[[Page 60804]]

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.T05-1021 to read as follows:


Sec.  165.T05-1021  Safety Zone for Fireworks Display; Spa Creek, 
Annapolis, MD.

    (a) Location. The following area is a safety zone: All navigable 
waters of Spa Creek within 400 feet of the fireworks barge in 
approximate position latitude 38[deg]58'32.48'' N, longitude 
076[deg]28'57.55'' W, located at Annapolis, MD. 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 11 p.m. 
on December 31, 2018 through 1 a.m. on January 1, 2019.

    Dated: November 21, 2018.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National 
Capital Region.
[FR Doc. 2018-25841 Filed 11-26-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                 60802               Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Proposed Rules

                                                 Exchange Act, and registration                          release, the Commission considered                    I. Table of Abbreviations
                                                 statements under the Securities Act as                  comments received on the Initial                      CFR Code of Federal Regulations
                                                 well as the Investment Company Act.                     Regulatory Flexibility Analysis included              COTP Captain of the Port
                                                 The amendments also transferred from                    in the proposing release, Release No.                 DHS Department of Homeland Security
                                                 Forms 10–Q and 10–K to Form 8–K the                     IA–2876 (May 20, 2009).                               FR Federal Register
                                                 requirement to disclose shareholder                     *     *     *   *      *                              NPRM Notice of proposed rulemaking
                                                 voting rights.                                                                                                § Section
                                                                                                           By the Commission.                                  U.S.C. United States Code
                                                    Prior RFA Analysis: A Final                            Dated: November 21, 2018.
                                                 Regulatory Flexibility Act Analysis was                                                                       II. Background, Purpose, and Legal
                                                                                                         Brent J. Fields,
                                                 prepared in accordance with 5 U.S.C.                                                                          Basis
                                                 604 in conjunction with the adoption of                 Secretary.
                                                 Release No. 33–9089 (Dec. 16, 2009).                    [FR Doc. 2018–25861 Filed 11–26–18; 8:45 am]             On October 17, 2018, Pyrotecnico,
                                                 The Commission requested comment on                     BILLING CODE 8011–01–P                                Inc., of New Castle, PA, notified the
                                                 the Initial Regulatory Flexibility Act                                                                        Coast Guard that it will be conducting
                                                 Analysis included in the proposing                                                                            a fireworks display from 11:55 p.m. on
                                                 release, Release No. 33–9052 (July 10,                                                                        December 31, 2018 to 12:30 a.m. on
                                                                                                         DEPARTMENT OF HOMELAND                                January 1, 2019, sponsored by the City
                                                 2009), but received no comments                         SECURITY
                                                 specifically addressing it. Other                                                                             of Annapolis, MD. The fireworks are to
                                                 comments received that addressed                        Coast Guard                                           be launched from a barge in Spa Creek,
                                                 aspects of the proposed rule that could                                                                       in Annapolis, MD. Additional details
                                                 potentially affect small entities were                  33 CFR Part 165                                       were received on November 5, 2018.
                                                 considered in the proposing release,                                                                          Hazards from the fireworks display
                                                 however.                                                [Docket Number USCG–2018–1021]                        include accidental discharge of
                                                                                                                                                               fireworks, dangerous projectiles, and
                                                 *      *    *      *    *                                                                                     falling hot embers or other debris. The
                                                                                                         RIN 1625–AA00
                                                    Title: Custody of Funds or Securities                                                                      Captain of the Port Maryland-National
                                                 of Clients by Investment Advisers.                      Safety Zone for Fireworks Display; Spa                Capital Region (COTP) has determined
                                                    Citation: 17 CFR 275.204–2, 17 CFR                   Creek, Annapolis, MD                                  that potential hazards associated with
                                                 275.206(4)–2, 17 CFR 279.1, and 17 CFR                                                                        the fireworks to be used in this display
                                                 279.8.                                                  AGENCY:   Coast Guard, DHS.
                                                                                                                                                               would be a safety concern for anyone
                                                    Authority: 15 U.S.C. 80b–6(4) 80b–                   ACTION:   Notice of proposed rulemaking.              within 400 feet of the fireworks barge.
                                                 3(c)(1), 80b–4, 80b11 and 80b–11(a).                                                                             The purpose of this rulemaking is to
                                                    Description: The Commission adopted                  SUMMARY:   The Coast Guard proposes to
                                                                                                                                                               ensure the safety of vessels on the
                                                 amendments to the custody and                           establish a temporary safety zone for
                                                                                                                                                               navigable waters within 400 feet of the
                                                 recordkeeping rules under the                           certain waters of Spa Creek. This action
                                                                                                                                                               fireworks barge on Spa Creek before,
                                                 Investment Advisers Act of 1940 and                     is necessary to provide for the safety of
                                                                                                                                                               during, and after the scheduled event.
                                                 related forms. The amendments were                      life on these navigable waters of Spa
                                                                                                                                                               The Coast Guard proposes this
                                                 designed to provide additional                          Creek at Annapolis, MD, during a
                                                                                                                                                               rulemaking under authority in 33 U.S.C.
                                                 safeguards under the Advisers Act when                  fireworks display on December 31,
                                                                                                                                                               1231.
                                                 a registered adviser has custody of client              2018. This proposed rulemaking would
                                                 funds or securities by requiring such an                prohibit persons and vessels from being               III. Discussion of Proposed Rule
                                                 adviser, among other things: To undergo                 in the safety zone unless authorized by                  The COTP proposes to establish a
                                                 an annual surprise examination by an                    the Captain of the Port Maryland-                     temporary safety zone in Spa Creek from
                                                 independent public accountant to verify                 National Capital Region or a designated               11 p.m. on December 31, 2018 through
                                                 client assets; to have the qualified                    representative. We invite your                        1 a.m. on January 1, 2019. The safety
                                                 custodian maintaining client funds and                  comments on this proposed rulemaking.                 zone would cover all navigable waters
                                                 securities send account statements                      DATES: Comments and related material                  within 400 feet of the fireworks barge in
                                                 directly to the advisory clients; and                   must be received by the Coast Guard on                Spa Creek within 400 feet of the
                                                 unless client assets are maintained by                  or before December 12, 2018.                          fireworks barge in approximate position
                                                 an independent custodian (i.e., a                       ADDRESSES: You may submit comments                    latitude 38°58′32.48″ N, longitude
                                                 custodian that is not the adviser itself or             identified by docket number USCG–                     076°28′57.55″ W, located at Annapolis,
                                                 a related person), to obtain, or receive                2018–1021 using the Federal                           MD. The duration of the safety zone is
                                                 from a related person, a report of the                  eRulemaking Portal at http://                         intended to ensure the safety of vessels
                                                 internal controls relating to the custody               www.regulations.gov. See the ‘‘Public                 and these navigable waters before,
                                                 of those assets from an independent                     Participation and Request for                         during, and after the scheduled
                                                 public accountant that is registered with               Comments’’ portion of the                             fireworks display. No vessel or person
                                                 and subject to regular inspection by the                SUPPLEMENTARY INFORMATION section for                 would be permitted to enter the safety
                                                 Public Company Accounting Oversight                     further instructions on submitting                    zone without obtaining permission from
                                                 Board. Finally, the amended custody                     comments.                                             the COTP or a designated
                                                 rule and forms provide the Commission                                                                         representative. The regulatory text we
                                                 and the public with better information                  FOR FURTHER INFORMATION CONTACT:   If
                                                                                                         you have questions about this proposed                are proposing appears at the end of this
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 about the custodial practices of                                                                              document.
                                                 registered investment advisers.                         rulemaking, call or email Mr. Ron
                                                    Prior RFA Analysis: A Final                          Houck, Sector Maryland-National                       IV. Regulatory Analyses
                                                 Regulatory Flexibility Analysis was                     Capital Region Waterways Management                     We developed this proposed rule after
                                                 prepared in accordance with 5 U.S.C.                    Division, U.S. Coast Guard; telephone                 considering numerous statutes and
                                                 604 in conjunction with the                             410–576–2674, email Ronald.L.Houck@                   Executive orders related to rulemaking.
                                                 Commission’s adoption of Release No.                    uscg.mil.                                             Below we summarize our analyses
                                                 IA–2968 (Dec. 30, 2009). In the adopting                SUPPLEMENTARY INFORMATION:                            based on a number of these statutes and


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                                                                     Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Proposed Rules                                            60803

                                                 Executive orders and we discuss First                   understanding this proposed rule. If the              F. Environment
                                                 Amendment rights of protestors.                         rule would affect your small business,                  We have analyzed this proposed rule
                                                                                                         organization, or governmental                         under Department of Homeland
                                                 A. Regulatory Planning and Review
                                                                                                         jurisdiction and you have questions                   Security Management Directive 023–01
                                                    Executive Orders 12866 and 13563                     concerning its provisions or options for
                                                 direct agencies to assess the costs and                                                                       and Commandant Instruction
                                                                                                         compliance, please contact the person                 M16475.lD, which guide the Coast
                                                 benefits of available regulatory                        listed in the FOR FURTHER INFORMATION
                                                 alternatives and, if regulation is                                                                            Guard in complying with the National
                                                                                                         CONTACT section. The Coast Guard will
                                                 necessary, to select regulatory                                                                               Environmental Policy Act of 1969 (42
                                                                                                         not retaliate against small entities that             U.S.C. 4321–4370f), and have made a
                                                 approaches that maximize net benefits.                  question or complain about this
                                                 Executive Order 13771 directs agencies                                                                        preliminary determination that this
                                                                                                         proposed rule or any policy or action of              action is one of a category of actions that
                                                 to control regulatory costs through a                   the Coast Guard.
                                                 budgeting process. This NPRM has not                                                                          do not individually or cumulatively
                                                 been designated a ‘‘significant                         C. Collection of Information                          have a significant effect on the human
                                                 regulatory action,’’ under Executive                                                                          environment. This proposed rule
                                                 Order 12866. Accordingly, the NPRM                        This proposed rule would not call for               involves a safety zone lasting two hours
                                                 has not been reviewed by the Office of                  a new collection of information under                 that would prohibit entry within a
                                                 Management and Budget (OMB), and                        the Paperwork Reduction Act of 1995                   portion of Spa Creek. Normally such
                                                 pursuant to OMB guidance it is exempt                   (44 U.S.C. 3501–3520).                                actions are categorically excluded from
                                                 from the requirements of Executive                                                                            further review under paragraph L60(a)
                                                                                                         D. Federalism and Indian Tribal
                                                 Order 13771.                                                                                                  of Appendix A, Table 1 of DHS
                                                                                                         Governments
                                                    This regulatory action determination                                                                       Instruction Manual 023–01–001–01,
                                                 is based on the size, duration, and time-                  A rule has implications for federalism             Rev. 01. A preliminary Record of
                                                 of-day of the safety zone. Although                     under Executive Order 13132,                          Environmental Consideration
                                                 vessel traffic will not be able to safely               Federalism, if it has a substantial direct            supporting this determination is
                                                 transit around this safety zone, the                    effect on the States, on the relationship             available in the docket where indicated
                                                 impact would be for 2 hours during the                  between the national government and                   under ADDRESSES. We seek any
                                                 evening when vessel traffic in Spa Creek                the States, or on the distribution of                 comments or information that may lead
                                                 is normally low. Moreover, the Coast                    power and responsibilities among the                  to the discovery of a significant
                                                 Guard will issue a Broadcast Notice to                  various levels of government. We have                 environmental impact from this
                                                 Mariners via VHF–FM marine channel                      analyzed this proposed rule under that                proposed rule.
                                                 16 about the zone.                                      Order and have determined that it is                  G. Protest Activities
                                                                                                         consistent with the fundamental
                                                 B. Impact on Small Entities                                                                                     The Coast Guard respects the First
                                                                                                         federalism principles and preemption
                                                    The Regulatory Flexibility Act of                    requirements described in Executive                   Amendment rights of protesters.
                                                 1980, 5 U.S.C. 601–612, as amended,                     Order 13132.                                          Protesters are asked to contact the
                                                 requires Federal agencies to consider                                                                         person listed in the FOR FURTHER
                                                                                                            Also, this proposed rule does not have             INFORMATION CONTACT section to
                                                 the potential impact of regulations on
                                                                                                         tribal implications under Executive                   coordinate protest activities so that your
                                                 small entities during rulemaking. The
                                                                                                         Order 13175, Consultation and                         message can be received without
                                                 term ‘‘small entities’’ comprises small
                                                                                                         Coordination with Indian Tribal                       jeopardizing the safety or security of
                                                 businesses, not-for-profit organizations
                                                                                                         Governments, because it would not have                people, places, or vessels.
                                                 that are independently owned and
                                                                                                         a substantial direct effect on one or
                                                 operated and are not dominant in their                                                                        V. Public Participation and Request for
                                                                                                         more Indian tribes, on the relationship
                                                 fields, and governmental jurisdictions                                                                        Comments
                                                                                                         between the Federal Government and
                                                 with populations of less than 50,000.
                                                                                                         Indian tribes, or on the distribution of                 We view public participation as
                                                 The Coast Guard certifies under 5 U.S.C.
                                                                                                         power and responsibilities between the                essential to effective rulemaking, and
                                                 605(b) that this proposed rule would not
                                                                                                         Federal Government and Indian tribes.                 will consider all comments and material
                                                 have a significant economic impact on
                                                                                                         If you believe this proposed rule has                 received during the comment period.
                                                 a substantial number of small entities.
                                                    While some owners or operators of                    implications for federalism or Indian                 Your comment can help shape the
                                                 vessels intending to transit the safety                 tribes, please contact the person listed              outcome of this rulemaking. If you
                                                 zone may be small entities, for the                     in the FOR FURTHER INFORMATION                        submit a comment, please include the
                                                                                                         CONTACT section.                                      docket number for this rulemaking,
                                                 reasons stated in section IV.A above,
                                                 this proposed rule would not have a                     E. Unfunded Mandates Reform Act                       indicate the specific section of this
                                                 significant economic impact on any                                                                            document to which each comment
                                                 vessel owner or operator.                                  The Unfunded Mandates Reform Act                   applies, and provide a reason for each
                                                    If you think that your business,                     of 1995 (2 U.S.C. 1531–1538) requires                 suggestion or recommendation.
                                                 organization, or governmental                           Federal agencies to assess the effects of                We encourage you to submit
                                                 jurisdiction qualifies as a small entity                their discretionary regulatory actions. In            comments through the Federal
                                                 and that this rule would have a                         particular, the Act addresses actions                 eRulemaking Portal at http://
                                                 significant economic impact on it,                      that may result in the expenditure by a               www.regulations.gov. If your material
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 please submit a comment (see                            State, local, or tribal government, in the            cannot be submitted using http://
                                                 ADDRESSES) explaining why you think it                  aggregate, or by the private sector of                www.regulations.gov, contact the person
                                                 qualifies and how and to what degree                    $100,000,000 (adjusted for inflation) or              in the FOR FURTHER INFORMATION
                                                 this rule would economically affect it.                 more in any one year. Though this                     CONTACT section of this document for
                                                    Under section 213(a) of the Small                    proposed rule would not result in such                alternate instructions.
                                                 Business Regulatory Enforcement                         an expenditure, we do discuss the                        We accept anonymous comments. All
                                                 Fairness Act of 1996 (Pub. L. 104–121),                 effects of this rule elsewhere in this                comments received will be posted
                                                 we want to assist small entities in                     preamble.                                             without change to http://


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                                                 60804               Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Proposed Rules

                                                 www.regulations.gov and will include                       (2) To seek permission to enter,                   ADDRESSES:   Division of Transplantation,
                                                 any personal information you have                       contact the COTP or the COTP’s                        5600 Fishers Lane, Room 8W63,
                                                 provided. For more about privacy and                    designated representative by telephone                Rockville, MD 20852.
                                                 the docket, visit http://                               at 410–576–2693 or on Marine Band                     FOR FURTHER INFORMATION CONTACT:
                                                 www.regulations.gov/privacyNotice.                      Radio VHF–FM channel 16 (156.8                        Frank L. Holloman, MPA, Acting
                                                   Documents mentioned in this NPRM                      MHz). The Coast Guard vessels                         Division Director, Division of
                                                 as being available in the docket, and all               enforcing this section can be contacted               Transplantation, 5600 Fishers Lane,
                                                 public comments, will be in our online                  on Marine Band Radio VHF–FM                           Room 8W63, Rockville, MD 20852.
                                                 docket at http://www.regulations.gov                    channel 16 (156.8 MHz).                               Telephone: (301) 443–7577.
                                                 and can be viewed by following that                        (3) Those in the safety zone must                  SUPPLEMENTARY INFORMATION:
                                                 website’s instructions. Additionally, if                comply with all lawful orders or                         On March 1, 2017, President Trump
                                                 you go to the online docket and sign up                 directions given to them by the COTP or               issued Executive Order 13777,
                                                 for email alerts, you will be notified                  the COTP’s designated representative.                 ‘‘Enforcing the Regulatory Reform
                                                 when comments are posted or a final                        (d) Enforcement officials. The U.S.                Agenda,’’ to implement and enforce
                                                 rule is published.                                      Coast Guard may be assisted in the                    regulatory reform (82 FR 12285 2/24/
                                                 List of Subjects in 33 CFR Part 165                     patrol and enforcement of the safety                  2017). Executive Order 13777 directed
                                                                                                         zone by Federal, State, and local                     each Federal agency to establish a
                                                   Harbors, Marine safety, Navigation                    agencies.                                             Regulatory Reform Task Force to
                                                 (water), Reporting and recordkeeping                       (e) Enforcement period. This section               identify regulations that are ‘‘outdated,
                                                 requirements, Security measures,                        will be enforced from 11 p.m. on                      unnecessary, or ineffective.’’ In
                                                 Waterways.                                              December 31, 2018 through 1 a.m. on                   accordance with guidance from
                                                   For the reasons discussed in the                      January 1, 2019.                                      Executive Orders 13777 and 13771
                                                 preamble, the Coast Guard proposes to                     Dated: November 21, 2018.                           (January 30, 2017, titled ‘‘Regulatory
                                                 amend 33 CFR part 165 as follows:                                                                             Freeze Pending Review’’), HHS’s Task
                                                                                                         Joseph B. Loring,
                                                                                                         Captain, U.S. Coast Guard, Captain of the
                                                                                                                                                               Force identified the proposed change in
                                                 PART 165—REGULATED NAVIGATION                                                                                 definition of ‘‘human organ’’ as a
                                                 AREAS AND LIMITED ACCESS AREAS                          Port Maryland-National Capital Region.
                                                                                                         [FR Doc. 2018–25841 Filed 11–26–18; 8:45 am]
                                                                                                                                                               candidate for withdrawal at this time.
                                                 ■ 1. The authority citation for part 165                BILLING CODE 9110–04–P                                  Dated: November 13, 2018.
                                                 continues to read as follows:                                                                                 George Sigounas,
                                                   Authority: 33 U.S.C. 1231; 50 U.S.C. 191,                                                                   Administrator, Health Resources and Services
                                                 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                     Administration.
                                                 and; Department of Homeland Security                    DEPARTMENT OF HEALTH AND                                Dated: November 20, 2018.
                                                 Delegation No. 0170.1.                                  HUMAN SERVICES                                        Alex M. Azar II,
                                                 ■ 2. Add § 165.T05–1021 to read as                                                                            Secretary, Department of Health and Human
                                                                                                         42 CFR Part 121
                                                 follows:                                                                                                      Services.
                                                                                                                                                               [FR Doc. 2018–25833 Filed 11–26–18; 8:45 am]
                                                 § 165.T05–1021 Safety Zone for Fireworks                RIN 0906–AB02                                         BILLING CODE 4165–15–P
                                                 Display; Spa Creek, Annapolis, MD.
                                                   (a) Location. The following area is a                 Change to the Definition of ‘‘Human
                                                 safety zone: All navigable waters of Spa                Organ’’ Under Section 301 of the
                                                 Creek within 400 feet of the fireworks                  National Organ Transplant Act of 1984;                FEDERAL COMMUNICATIONS
                                                 barge in approximate position latitude                  Withdrawal                                            COMMISSION
                                                 38°58′32.48″ N, longitude 076°28′57.55″                                                                       47 CFR Part 76
                                                 W, located at Annapolis, MD. All                        AGENCY:  Health Resources and Services
                                                 coordinates refer to datum NAD 1983.                    Administration (HRSA), Department of                  [MB Docket Nos. 17–105, 02–144; MM
                                                   (b) Definitions. As used in this                      Health and Human Services (HHS).                      Docket Nos. 92–266, 93–215; CS Docket No.
                                                 section:                                                ACTION: Proposed rule; Withdrawal.                    94–28; FCC 18–148]
                                                   (1) Captain of the Port (COTP) means
                                                 the Commander, U.S. Coast Guard                         SUMMARY:   This document withdraws a                  Modernization of Media Regulation
                                                 Sector Maryland-National Capital                        proposed rule published in the Federal                Initiative: Revisions to Cable
                                                 Region.                                                 Register on October 2, 2013. The                      Television Rate Regulations
                                                   (2) Designated representative means                   proposed rule sought public comment                   AGENCY:  Federal Communications
                                                 any Coast Guard commissioned,                           on the proposed change in the                         Commission.
                                                 warrant, or petty officer who has been                  definition of ‘‘human organ’’ in section
                                                                                                                                                               ACTION: Proposed rule.
                                                 authorized by the Captain of the Port                   301 of the National Organ and
                                                 Maryland-National Capital Region to                     Transplant Act of 1984, as amended,                   SUMMARY:   In this document, the
                                                 assist in enforcing the safety zone                     (NOTA) to explicitly incorporate                      Commission seek comment on whether
                                                 described in paragraph (a) of this                      hematopoietic stem cells within                       to replace and simplify the
                                                 section.                                                peripheral blood in the definition of                 Commission’s cable rate-regulation
                                                   (c) Regulations. (1) Under the general                ‘‘bone marrow.’’ HHS received over 500                framework. We also seek comment on
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 safety zone regulations in subpart C of                 comments on the proposed rule. Given                  decisions to deregulate rates charged for
                                                 this part, you may not enter the safety                 the number of substantive comments, at                equipment used to receive service tiers
                                                 zone described in paragraph (a) of this                 this time HHS has decided to consider                 that have been deregulated, deregulate
                                                 section unless authorized by the COTP                   the issue further and may issue an                    some small systems owned by small
                                                 or the COTP’s designated representative.                NPRM in the future.                                   cable companies and clarify that the rate
                                                 All vessels underway within this safety                 DATES: The proposed rule published on                 regulations do not apply to services
                                                 zone at the time it is activated are to                 October 2, 2013 (78 FR 60810) is                      provided to commercial entities. Lastly,
                                                 depart the zone.                                        withdrawn as of November 27, 2018.                    we seek comment on our decision to


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Document Created: 2018-11-27 01:24:37
Document Modified: 2018-11-27 01:24:37
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 December 12, 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 60802 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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