Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Proposed Rules 39937 

PART 140—ORGANIZATION, 

FUNCTIONS, AND PROCEDURES OF 

THE COMMISSION 

■ 6. The authority citation for part 140 

continues to read as follows: 

Authority: 7 U.S.C. 2(a)(12), 12a, 13(c), 

13(d), 13(e), and 16(b). 

■ 7. Amend § 140.94 as follows: 

■ a. Revise the introductory text of 

paragraph (c); 

■ b. Redesignate paragraphs (c)(4) 

through (c)(13) as paragraphs (c)(5) 

through (c)(14); and 

■ c. Add new paragraph (c)(4). 

The revisions and additions read as 

follows: 

§ 140.94 Delegation of authority to the 

Director of the Division of Swap Dealer and 

Intermediary Oversight and the Director of 

the Division of Clearing and Risk. 

* * * * * 

(c) The Commission hereby delegates, 

until such time as the Commission 

orders otherwise, the following 

functions to the Director of the Division 

of Clearing and Risk and to such 

members of the Commission’s staff 

acting under his or her direction as he 

or she may designate from time to time: 

* * * * * 

(4) All functions reserved to the 

Commission in § 39.6 of this chapter, 

except for the authority to: 

(i) Grant an exemption under § 39.6(a) 

of this chapter; 

(ii) Prescribe conditions to an 

exemption under § 39.6(b) of this 

chapter; 

(iii) Modify an exemption under 

§ 39.6(f) of this chapter; and 

(iv) Terminate an exemption under 

§ 39.6(g)(3) of this chapter. 

* * * * * 

Issued in Washington, DC, on August 8, 

2018, by the Commission. 

Christopher Kirkpatrick, 

Secretary of the Commission. 

Note: The following appendices will not 

appear in the Code of Federal Regulations. 

Appendices to Exemption From 

Derivatives Clearing Organization 

Registration—Commission Voting 

Summary and Chairman’s Statement 

Appendix 1—Commission Voting 

Summary 

On this matter, Chairman Giancarlo and 

Commissioners Quintenz and Behnam voted 

in the affirmative. No Commissioner voted in 

the negative. 

Appendix 2—Statement of Chairman J. 

Christopher Giancarlo 

This proposal is part of Project KISS’s 

simple and straightforward efforts to make 

what has been an internal process public and 

transparent. Under the Commodity Exchange 

Act (CEA), the Commission may 

conditionally or unconditionally exempt a 

derivatives clearing organization (DCO) from 

registration for the clearing of swaps if the 

Commission determines that the clearing 

organization is subject to ‘‘comparable, 

comprehensive supervision and regulation’’ 

by appropriate government authorities in the 

clearing organization’s home country. 

Pursuant to this authority, the Commission 

has exempted four non-U.S. clearing 

organizations from DCO registration. 

The Commission is proposing to adopt 

regulations that would codify the policies 

and procedures that the Commission is 

currently following with respect to granting 

exemptions from DCO registration. The 

proposed regulations are consistent with the 

policies and procedures that the Commission 

is currently following, and with the terms 

and conditions that the Commission has 

imposed on each of the clearing 

organizations to which it has previously 

issued orders of exemption. 

The exempt DCO process applies a 

comparable, outcomes-based approach to 

reflect the Commission’s recognition that a 

foreign jurisdiction may have different 

regulations for its central counterparties 

(CCP) but share the same regulatory goals. 

Under the proposal, for CCPs in foreign 

jurisdictions, a framework that conforms to 

the Committee on Payments and Market 

Infrastructures (CPMI) and the International 

Organization of Securities Commissions 

(IOSCO) Principles for Financial Market 

Infrastructures (PFMI) would be deemed 

comparable to the CFTC’s requirements for 

domestic CCPs. 

The proposal is part of the Commission’s 

continued efforts to foster cross-border 

cooperation and show deference to home 

country regulation that is deemed 

comparable to the Commission’s regulations. 

As our regulatory counterparts continue to 

implement swaps reforms in their markets, it 

is critical that the Commission endeavor to 

ensure that its rules do not unnecessarily 

conflict and fragment the global marketplace. 

For this reason, the Commission should 

operate on the basis of comity, not 

uniformity, with non-U.S. regulators. This 

avoids the untenable state of overlapping and 

duplicative regulations. The current proposal 

reflects this vision. 

I support this proposed rule from the 

Division of Clearing and Risk (DCR). I look 

forward to hearing comments on the 

proposal. 

[FR Doc. 2018–17335 Filed 8–10–18; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0723] 

RIN 1625–AA00 

Safety Zone; Delaware River; Penn’s 

Landing; Philadelphia, PA; Fireworks 

Display 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone on a 

portion of the Delaware River in 

Philadelphia, PA. This action is 

necessary to protect the surrounding 

public and vessels on these navigable 

waters adjacent to Penn’s Landing, 

Philadelphia, PA, during a fireworks 

display on September 16, 2018. This 

proposed rulemaking would prohibit 

persons and vessels from entering, 

transiting, or remaining within the 

safety zone unless authorized by the 

Captain of the Port Delaware Bay 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 August 28, 2018. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2018–0723 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 Petty Officer 

Thomas Welker, U.S. Coast Guard, 

Sector Delaware Bay, Waterways 

Management Division; telephone 215– 

271–4814, email Thomas.j.welker@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

On July 18, 2018, the Mexican 

Cultural Society notified the Coast 


sradovich on DSK3GMQ082PROD with PROPOSALS
39938 Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Proposed Rules 

Guard that it will be conducting a 

fireworks display from 8 to 8:30 p.m. on 

September 16, 2018, to commemorate 

Mexican Independence Day. The 

fireworks are to be launched from a 

barge in the Delaware River adjacent to 

Penn’s Landing in Philadelphia, PA. 

Hazards from firework displays include 

accidental discharge of fireworks, 

dangerous projectiles, and falling hot 

embers or other debris. The Captain of 

the Port Delaware Bay (COTP) has 

determined that potential hazards 

associated with the fireworks to be used 

in this display would be a safety 

concern for anyone within a 500-yard 

radius of the barge. 

The purpose of this rulemaking is to 

ensure the safety of vessels and the 

navigable waters within a 500-yard 

radius of the fireworks barge 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 

safety zone from 7:30 p.m. through 8:45 

p.m. on September 16, 2018. The safety 

zone would cover all navigable waters 

within 500 yards of a barge in the 

Delaware River adjacent to Penn’s 

Landing in Philadelphia, PA. The barge 

will be anchored in approximate 

position 39°56′50.35′′ N Latitude 

075°08′18.27′′ W Longitude. The 

duration of the zone is intended to 

ensure the safety of vessels and these 

navigable waters before, during, and 

after the scheduled 8 p.m. to 8:30 p.m. 

fireworks display. No vessel or person 

would be permitted to enter, transit, or 

remain within 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, location, duration, 

and time-of-day of the safety zone. 

Vessel traffic would be able to safely 

transit around this safety zone which 

would impact a small designated area of 

the Delaware River for 1 hour and 15 

minutes during the evening when vessel 

traffic is normally low. Moreover, the 

Coast Guard would issue a Broadcast 

Notice to Mariners via VHF–FM marine 

channel 16 about the zone, and the rule 

would allow vessels to seek permission 

to enter the zone. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this proposed rule would not 

have a significant economic impact on 

a substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section IV.A above, 

this proposed rule would not have a 

significant economic impact on any 

vessel owner or operator. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this 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 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 made a 

preliminary determination that this 

action is one of a category of actions that 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Proposed Rules 39939 

do not individually or cumulatively 

have a significant effect on the human 

environment. This proposed rule 

involves a safety zone lasting 1 hour 15 

minutes that would prohibit entry 

within 500 yards of a fireworks barge. 

Normally such actions are categorically 

excluded from further review under 

paragraph L60(a) of Appendix A, Table 

1 of DHS Instruction Manual 023–01– 

001–01, Rev. 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 

■ 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; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T05–0723 to read as 

follows: 

§ 165.T05–0723 Safety Zone; Safety Zone; 

Delaware River; Penn’s Landing; 

Philadelphia, PA; Fireworks Display. 

(a) Location. The following area is a 

safety zone: All waters of the Delaware 

River within a 500-yard radius of the 

fireworks barge, which will be anchored 

in approximate position 39°56′50.35′′ N 

Latitude 075°08′18.27′′ W Longitude. All 

coordinates are based on Datum NAD 

1983. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

petty officer, warrant or commissioned 

officer on board a Coast Guard vessel or 

on board a federal, state, or local law 

enforcement vessel assisting the Captain 

of the Port, Delaware Bay in the 

enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part—(a) 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; and (b) all persons and 

vessels in the safety zone must comply 

with all lawful orders or directions 

given to them by the COTP or the 

COTP’s designated representative. 

(2) To request permission to enter the 

safety zone, contact the COTP or the 

COTP’s representative on marine band 

radio VHF–FM channel 16 (156.8 MHz) 

or 215–271–4807. 

(3) No vessel may take on bunkers or 

conduct lightering operations within the 

safety zone during its enforcement 

period(s). 

(4) This section applies to all vessels 

except those engaged in law 

enforcement, aids to navigation 

servicing, and emergency response 

operations. 

(d) Enforcement. 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 zone 

will be enforced from 7:30 p.m. through 

8:45 p.m. on September 16, 2018. 

Dated: August 8, 2018. 

S.E. Anderson, 

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

Port Delaware Bay. 

[FR Doc. 2018–17333 Filed 8–10–18; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3015 

[Docket No. RM2017–1; Order No. 4742] 

Competitive Postal Products 

AGENCY: Postal Regulatory Commission. 

ACTION: Proposed rulemaking. 

SUMMARY: The Commission is revising 

its previously proposed rules related to 

the minimum amount that competitive 

products as a whole are required to 

contribute to institutional costs 

annually, based on comments received. 

The Commission invites public 

comment on the revised proposed rules. 

DATES: Comments are due: September 

12, 2018. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at http://

www.prc.gov. Those who cannot submit 

comments electronically should contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section by 

telephone for advice on filing 

alternatives. 

FOR FURTHER INFORMATION CONTACT: 

David A. Trissell, General Counsel, at 

202–789–6820. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. Organization of Discussion 

III. Background 

IV. Proposed Modified Formula and 

Commission Analysis 

V. Section 703(d) of the PAEA 

VI. Administrative Actions 

VII. Ordering Paragraphs 

I. Introduction 

On February 8, 2018, the Commission 

issued a Notice of Proposed Rulemaking 

(Order No. 4402) proposing that a 

formula be used to calculate the 

minimum amount that competitive 

products as a whole are required to 


sradovich on DSK3GMQ082PROD with PROPOSALS