Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Rules and Regulations 67081 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01 and Commandant 

Instruction M16475.1D, which guide the 

Coast Guard in complying with the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone lasting 2 hours that prohibits 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 Record of Environmental 

Consideration supporting this 

determination is available in the docket 

where indicated under ADDRESSES. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 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. 

■ 2. Add § 165.T05–1021 to read as 

follows: 

§ 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°58′32.48′′ N, longitude 076°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: December 21, 2018, 

Joseph B. Loring, 

Captain, U.S. Coast Guard, Captain of the 

Port Maryland-National Capital Region. 

[FR Doc. 2018–28245 Filed 12–27–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–1105] 

Safety Zone, Brandon Road Lock and 

Dam to Lake Michigan Including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, and 

Calumet-Saganashkee Channel, 

Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the following segment of the Safety 

Zone: Brandon Road Lock and Dam to 

Lake Michigan including Des Plaines 

River, Chicago Sanitary and Ship Canal, 

Chicago River, and CalumetSaganashkee Channel on all waters of 

the Chicago Sanitary and Ship Canal 

between Mile Marker 296.1 to Mile 

Marker 296.7 at specified times from 

December 21, 2018 until February 8, 

2019. This action is necessary to protect 

the waterway and vessels from the 

potential hazards associated with 

maintenance operations being 

conducted by the U.S. Army Corps of 

Engineers at the U.S. Army Corps of 

Engineer’s Electric Dispersal Barrier. 

DATES: The regulations in 33 CFR 

165.930 will be enforced each Monday 

through Friday, from 7 a.m. until 5 p.m., 

without actual notice from December 

28, 2018 until February 8, 2019. For 

purposes of enforcement, actual notice 

will be used from December 21, 2018 

until December 28, 2018. 

FOR FURTHER INFORMATION CONTACT: Call 

or email LT John Ramos (Waterways 

Management Division Chief, Marine 

Safety Unit Chicago, U.S. Coast Guard) 

if you have questions about this notice 

of enforcement; telephone 630–986– 

2155; email address D09-DGMSUChicago-Waterways@uscg.mil. 


amozie on DSK3GDR082PROD with RULES
67082 Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Rules and Regulations 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the following 

segment of the Safety Zone: Brandon 

Road Lock and Dam to Lake Michigan 

including Des Plaines River, Chicago 

Sanitary and Ship Canal, Chicago River, 

Calumet-Saganashkee Channel, Chicago, 

IL, listed in 33 CFR 165.930. 

Specifically, the Coast Guard will 

enforce this safety zone on all waters of 

the Chicago Sanitary and Ship Canal 

between Mile Marker 296.1 to Mile 

Marker 296.7. Enforcement will occur 

on each Monday through Friday from 7 

a.m. until 5 p.m., from December 21, 

2018 until February 8, 2019. All vessels 

must obtain permission from the 

Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative to enter into, transit, 

moor, lay up or anchor within any 

enforced segment of the safety zone 

when the safety zone is enforced. 

Vessels and persons granted permission 

to enter the safety zone shall obey all 

lawful orders or directions of the 

Captain of the Port Lake Michigan, or 

his or her on-scene representative. 

This notice of enforcement is issued 

under the authority of 33 CFR 165.930 

and 5 U.S.C. 552(a). In addition to this 

publication in the Federal Register, the 

Captain of the Port Lake Michigan will 

also provide notice through other 

means, which will include Broadcast 

Notice to Mariners, Local Notice to 

Mariners, and distribution in leaflet 

form. Additionally, the Captain of the 

Port Lake Michigan may notify 

representatives from the maritime 

industry through telephonic and email 

notifications. If the Captain of the Port 

or a designated representative 

determines that the regulated area need 

not be enforced for the full duration 

stated in this notice of enforcement or 

suspends the safety zone in part, he or 

she may use a Broadcast Notice to 

Mariners, Local Notice to Mariners, and 

may notify representatives from the 

maritime industry through telephonic 

and email notifications to grant general 

permission to enter the regulated area. 

The Captain of the Port Lake Michigan 

or a designated on-scene representative 

may be contacted via Channel 16, VHF– 

FM or at (414) 747–7182. 

Dated: December 20, 2018. 

Thomas J. Stuhlreyer, 

Captain, U.S. Coast Guard, Captain of the 

Port Lake Michigan. 

[FR Doc. 2018–28162 Filed 12–27–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 413 and 414 

[CMS–1691–CN] 

RIN 0938–AT28 

Medicare Program; End-Stage Renal 

Disease Prospective Payment System, 

Payment for Renal Dialysis Services 

Furnished to Individuals With Acute 

Kidney Injury, End-Stage Renal 

Disease Quality Incentive Program, 

Durable Medical Equipment, 

Prosthetics, Orthotics and Supplies 

(DMEPOS) Competitive Bidding 

Program (CBP) and Fee Schedule 

Amounts, and Technical Amendments 

To Correct Existing Regulations 

Related to the CBP for Certain 

DMEPOS; Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

technical and typographical errors that 

appeared in the final rule published in 

the Federal Register on November 14, 

2018 titled ‘‘Medicare Program; EndStage Renal Disease Prospective 

Payment System, Payment for Renal 

Dialysis Services Furnished to 

Individuals With Acute Kidney Injury, 

End-Stage Renal Disease Quality 

Incentive Program, Durable Medical 

Equipment, Prosthetics, Orthotics and 

Supplies (DMEPOS) Competitive 

Bidding Program (CBP) and Fee 

Schedule Amounts, and Technical 

Amendments To Correct Existing 

Regulations Related to the CBP for 

Certain DMEPOS.’’ 

DATES: Effective Date: This correction is 

effective on January 1, 2019. 

FOR FURTHER INFORMATION CONTACT: 

Alexander Ullman, (410) 786–9671 and 

DMEPOS@cms.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2018–24238 of November 

14, 2018 (83 FR 56922), there were 

technical and typographical errors that 

are identified and corrected in the 

Correction of Errors section below. The 

provisions in this correction document 

are effective as if they had been 

included in the document published on 

November 14, 2018. Accordingly, the 

corrections are effective January 1, 2019. 

II. Summary of Errors 

On page 57029, we inadvertently 

made several technical and 

typographical errors by referencing the 

final rule instead of the proposed rule. 

We are correcting those errors by 

replacing references to ‘‘this rule’’ and 

‘‘this final rule’’ with the correct 

reference to the Calendar Year (CY) 

2019 End-Stage Renal Disease 

Prospective Payment System, Durable 

Medical Equipment, Prosthetics, 

Orthotics and Supplies (CY 2019 ESRD 

PPS DMEPOS) proposed rule. 

III. Waiver of Proposed Rulemaking 

Under 5 U.S.C. 553(b) of the 

Administrative Procedure Act (APA), 

the agency is required to publish a 

notice of the proposed rule in the 

Federal Register before the provisions 

of a rule take effect. Similarly, section 

1871(b)(1) of the Social Security Act 

(the Act) requires the Secretary of the 

Department of Health and Human 

Services to provide for notice of the 

proposed rule in the Federal Register 

and provide a period of not less than 60 

days for public comment. In addition, 

section 553(d) of the APA, and section 

1871(e)(1)(B)(i) of the Act mandate a 30- 

day delay in effective date after issuance 

or publication of a rule. Sections 

553(b)(B) and 553(d)(3) of the APA 

provide for exceptions from the notice 

and comment and delay in effective date 

requirements; in cases in which these 

exceptions apply, sections 1871(b)(2)(C) 

and 1871(e)(1)(B)(ii) of the Act provide 

exceptions from the notice and 60-day 

comment period and delay in effective 

date requirements of the Act as well. 

Section 553(b)(B) of the APA and 

section 1871(b)(2)(C) of the Act 

authorize an agency to dispense with 

normal rulemaking requirements for 

good cause if the agency makes a 

finding that the notice and comment 

process is impracticable, unnecessary, 

or contrary to the public interest. In 

addition, both section 553(d)(3) of the 

APA and section 1871(e)(1)(B)(ii) of the 

Act allow the agency to avoid the 30- 

day delay in effective date where such 

delay is contrary to the public interest 

and an agency includes a statement of 

support. 

We believe that this correcting 

document does not constitute a 

rulemaking that would be subject to the 

notice and comment or delayed effective 

date requirements of the APA or section 

1871 of the Act. This document simply 

corrects technical and typographical 

errors in the preamble, but does not 

make substantive changes to the policies 

or payment methodologies that were 

adopted in the final rule. As a result, 


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