83 FR 49489 - Special Local Regulation; Breton Bay, Leonardtown, MD
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 191 (October 2, 2018)
Coast Guard
Federal Register Volume 83, Issue 191 (October 2, 2018)
| Page Range | 49489-49492 | |
| FR Document | 2018-21350 |
[Federal Register Volume 83, Number 191 (Tuesday, October 2, 2018)] [Rules and Regulations] [Pages 49489-49492] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21350] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG-2018-0225] RIN 1625-AA08 Special Local Regulation; Breton Bay, Leonardtown, MD AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing temporary special local regulations for certain waters of the Breton Bay. This action is necessary to provide for the safety of life on these navigable waters of Breton Bay, at Leonardtown, MD, on October 6, 2018, and October 7, 2018. This regulation prohibits persons and vessels from entering the regulated area unless authorized by the Captain of the Port Maryland- National Capital Region or the Coast Guard Patrol Commander. DATES: This rule is effective from 7:30 a.m. on October 6, 2018 to 5:30 p.m. on October 7, 2018. It will be enforced from 7:30 a.m. to 5:30 p.m. on each of those days. [[Page 49490]] ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2018-0225 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email MST2 Dane Grulkey, U.S. Coast Guard Sector Maryland- National Capital Region; telephone 410-576-2570, email Dane.M.Grulkey@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 Sec. Section U.S.C. United States Code II. Background Information and Regulatory History On January 22, 2018, the Southern Maryland Boat Club notified the Coast Guard that it will be conducting the club's fall regatta from 8 a.m. to 5 p.m. on October 6, 2018, and October 7, 2018. The regatta consists of approximately 40 boats participating in an exhibition of vintage outboard racing V-hull boats. The regatta is not a competition but rather a demonstration of the vintage race craft. Vessels may reach speeds of 90 mph. Hazards include risks of injury or death resulting from near or actual contact among participant vessels and spectator vessels or waterway users if normal vessel traffic were to interfere with the event. In response, on August 17, 2018, the Coast Guard published a notice of proposed rulemaking (NPRM) titled ``Special Local Regulation; Breton Bay, Leonardtown, MD'' (83 FR 41032). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this high-speed power boat racing event. During the comment period that ended September 17, 2018, we received no comments. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be impracticable and contrary to the public interest because immediate action is needed to respond to the potential safety hazards associated with the regatta. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1233. The Captain of the Port (COTP) Maryland-National Capital Region has determined that potential hazards associated with the regatta will be a safety concern for anyone intending to participate in this event or for vessels that operate within specified waters of Breton Bay at Leonardtown, MD. The purpose of this rule is to protect marine event participants, spectators and transiting vessels on specified waters of Breton Bay before, during, and after the scheduled event. IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on our NPRM published August 17, 2018. There are no substantive changes in the regulatory text of this rule from the proposed rule in the NPRM. This rule establishes a temporary special local regulation to be enforced from 7:30 a.m. to 5:30 p.m. on October 6, 2018 and from 7:30 a.m. to 5:30 p.m. on October 7, 2018. The regulated area covers all navigable waters within Breton Bay, from shoreline to shoreline, within an area bound by a line drawn along latitude 38[deg]16'43'' N; and bounded to the west by a line drawn along longitude 076[deg]38'29.5'' W, located at Leonardtown, MD. This rule provides additional information about designated areas within the regulated area, including ``Race Area'', ``Buffer Zone'' and ``Spectator Area(s).'' The duration of the regulated area is intended to ensure the safety of event participants and vessels within the specified navigable waters before, during, and after the regatta, scheduled to occur between 8 a.m. to 5 p.m. each day of the event. Except for participants, no vessel or person will be permitted to enter the regulated area without obtaining permission from the COTP Maryland-National Capital Region or the Coast Guard Patrol Commander. V. Regulatory Analyses We developed this 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 Order13771 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 and duration of the regulated area, which would impact a small designated area of Breton Bay during October 6-7, 2018, for a total of 20 enforcement-hours. The Coast Guard will issue a Broadcast Notice to Mariners via marine band radio VHF-FM channel 16 about the status of the regulated area. Moreover, the rule will allow vessel operators to request permission to enter the regulated area for the purpose of safely transiting the regulated area if deemed safe to do so by the Coast Guard Patrol Commander. 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 received 0 comments from the Small Business Administration on this rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the regulated area may be small entities, for the reasons stated in section V.A above, this proposed rule would not have a significant economic impact on any vessel owner or operator. 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 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. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine [[Page 49491]] compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will 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 rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order13132. 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. 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 special local regulation to be enforced a total of 20 hours over two days. This category of marine event water activities includes but is not limited to sail boat regattas, boat parades, power boat racing, swimming events, crew racing, canoe and sail board racing. It is categorically excluded from further review under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Memorandum for Record for Categorically Excluded Actions 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 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS 0 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C. 1233; 33 CFR 1.05-1. 0 2. Add Sec. 100.501T05-0225 to read as follows: Sec. 100.501T05-0225 Special Local Regulation; Breton Bay, Leonardtown, MD. (a) Definitions--(1) Captain of the Port Maryland-National Capital Region means the Commander, U.S. Coast Guard Sector Maryland-National Capital Region or a Coast Guard commissioned, warrant or petty officer who has been authorized by the Captain of the Port to act on his behalf. (2) Coast Guard Patrol Commander means a commissioned, warrant, or petty officer of the U.S. Coast Guard who has been designated by the Commander, Coast Guard Sector Maryland-National Capital Region. (3) Official Patrol means any vessel assigned or approved by Commander, Coast Guard Sector Maryland-National Capital Region with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign. (4) Spectator means any person or vessel not registered with the event sponsor as a participant or an official patrol vessel. (5) Participant means any person or vessel participating in the Southern Maryland Boat Club Fall Regatta event under the auspices of the Marine Event Permit issued to the event sponsor and approved by Commander, Coast Guard Sector Maryland-National Capital Region. (b) Regulated area. All coordinates reference Datum NAD 1983. (1) Coordinates. The following location is a regulated area: all navigable waters within Breton Bay, MD, immediately adjacent to Leonardtown, MD shoreline, from shoreline to shoreline, within an area bounded to the east by a line drawn along latitude 38[deg]16'43'' N and bounded to the west by a line drawn along longitude 076[deg]38'29.5'' W, located at Leonardtown, MD. (2) Race area. Located within the waters of Breton Bay, MD in an area bound by a line commencing at position latitude 38[deg]17'07.2'' N, longitude 076[deg]38'17.3'' W, thence southeast to latitude 38[deg]16'55.3'' N, longitude 076[deg]37'48'' W, thence southwest to latitude 38[deg]16'50.1'' N, longitude 076[deg]37'51.3'' W, thence northwest to latitude 38[deg]17'01.9'' N, longitude 076[deg]38'21'' W, thence northeast to point of origin. (3) Buffer zone. Located within the waters of Breton Bay, MD. The area surrounds the entire race area described in the preceding paragraph of this section. This area is rectangular in shape and provides a buffer of approximately 125 yards around the perimeter of the race area. The area is bounded by a line commencing at position latitude 38[deg]17'12'' N, longitude 076[deg]38'19.6'' W; thence southeast to latitude 38[deg]16'57'' N, longitude 076[deg]37'40.5'' W; thence southwest to latitude 38[deg]16'44.8'' N, longitude 076[deg]37'48.2'' W; thence northwest to latitude 38[deg]17'00.2'' N, longitude 076[deg]38'27.8'' W; thence northeast to point of origin. (4) Spectator areas--(i) Spectator area A. The area is bounded by a line [[Page 49492]] commencing at position latitude 38[deg]16'52.1'' N, longitude 076[deg]38'14.2'' W; thence northeast to latitude 38[deg]16'54'' N, longitude 076[deg]38'12.5'' W; thence southeast to latitude 38[deg]16'48.6'' N, longitude 076[deg]37'59.3'' W; thence south to latitude 38[deg]16'47.4'' N, longitude 076[deg]37'59.3'' W; thence northwest along the shoreline to point of origin. (ii) Spectator area B. The area is bounded by a line commencing at position latitude 38[deg]16'59.1'' N, longitude 076[deg]37'45.6'' W; thence southeast to latitude 38[deg]16'57.1'' N, longitude 076[deg]37'40.2'' W; thence southwest to latitude 38[deg]16'54.3'' N, longitude 076[deg]37'41.9'' W; thence southeast to latitude 38[deg]16'51.8'' N, longitude 076[deg]37'36.4'' W; thence northeast to latitude 38[deg]16'55.2'' N, longitude 076[deg]37'34.2'' W; thence northwest to latitude 38[deg]16'59.2'' N, longitude 076[deg]37'37.2'' W; thence west to latitude 38[deg]17'01.7'' N, longitude 076[deg]37'43.7'' W; thence south to point of origin. (iii) Spectator area C. The area is bounded by a line commencing at position latitude 38[deg]16'47.2'' N, longitude 076[deg]37'54.8'' W; thence south to latitude 38[deg]16'43.3'' N, longitude 076[deg]37'55.2'' W; thence east to latitude 38[deg]16'43.2'' N, longitude 076[deg]37'47.8'' W; thence north to latitude 38[deg]16'44.7'' N, longitude 076[deg]37'48.5'' W; thence northwest to point of origin. (c) Special local regulations. (1) The Captain of the Port Maryland-National Capital Region or the Coast Guard Patrol Commander may forbid and control the movement of all vessels and persons, including event participants, in the regulated area. When hailed or signaled by an official patrol, a vessel or person in the regulated area shall immediately comply with the directions given. Failure to do so may result in expulsion from the area, citation for failure to comply, or both. (2) The operator of any vessel in the regulated area shall: (i) Stop the vessel immediately when directed to do so by any Official Patrol and then proceed only as directed. (ii) All persons and vessels shall comply with the instructions of the Official Patrol. (iii) When authorized to transit the regulated area, all vessels shall proceed at the minimum speed necessary to maintain a safe course that minimizes wake near the race course. (3) The Coast Guard Patrol Commander may terminate the event, or the operation of any participant, at any time it is deemed necessary for the protection of life or property. (4) The Race Area is an area described by a line bounded by coordinates provided in latitude and longitude that outlines the boundary of a Race Area within the regulated area defined in paragraph (b)(2) of this section. The actual placement of the race course will be determined by the marine event sponsor but must be located within the designated boundaries of the Race Area. Only participants and official patrol vessels are allowed to enter the Race Area. (5) The Buffer Zone is an area that surrounds the perimeter of the Race Area within the regulated area defined in paragraph (b)(3) of this section. The purpose of a Buffer Zone is to minimize potential collision conflicts with participants and spectators or nearby transiting vessels. This area provides separation between the Race Area and Spectator Area or other vessels that are operating in the vicinity of the regulated area defined in paragraph (b)(1) of this section. Only participants and official patrol vessels are allowed to enter the Buffer Zone. (6) The Spectator Area is an area described by a line bounded by coordinates provided in latitude and longitude that outlines the boundary of a spectator area within the regulated area defined in paragraph (b)(4) of this section. Spectators are only allowed inside the regulated area if they remain within the Spectator Area. All spectator vessels shall be anchored or operate at a no-wake speed while transiting within the Spectator Area. Spectators may contact the Coast Guard Patrol Commander to request permission to either enter the Spectator Area or pass through the regulated area. If permission is granted, spectators must enter the Spectator Area or pass directly through the regulated area as instructed at safe speed and without loitering. (7) The Coast Guard Patrol Commander and official patrol vessels enforcing this regulated area can be contacted on marine band radio VHF-FM channel 16 (156.8 MHz) and channel 22A (157.1 MHz). Persons and vessels desiring to transit, moor, or anchor within the regulated area must obtain authorization from Captain of the Port Maryland-National Capital Region or Coast Guard Patrol Commander. The Captain of the Port Maryland-National Capital Region can be contacted at telephone number 410-576-2693 or on Marine Band Radio, VHF-FM channel 16 (156.8 MHz). The Coast Guard Patrol Commander can be contacted on Marine Band Radio, VHF-FM channel 16 (156.8 MHz). (8) The Coast Guard will publish a notice in the Fifth Coast Guard District Local Notice to Mariners and issue a marine information broadcast on VHF-FM marine band radio. (d) Enforcement periods. This section will be enforced from 7:30 a.m. to 5:30 p.m. on October 6, 2018, and from 7:30 a.m. to 5:30 p.m. on October 7, 2018. Dated: September 26, 2018. Joseph B. Loring, Captain, U.S. Coast Guard, Captain of the Port Maryland-National Capital Region. [FR Doc. 2018-21350 Filed 10-1-18; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 83, No. 191 / Tuesday, October 2, 2018 / Rules and Regulations 49489
in the third trailer weighing more than either Route 21 from I–80 Exit 11 (Ohio Turnpike) means . . . interchanges, entrance plazas,
one of the lead trailers. In addition, under to a terminal located approximately 500 feet approaches, those portions of connecting
ORC 4513 .34, ODOT and local authorities to the north in the town of Richfield. The public roads that serve interchanges and are
are authorized to issue special permits for second exception is for a segment of State determined by the commission and the
oversized vehicles. Route 7 from Ohio Turnpike Exit 16 to 1 mile director of transportation to be necessary for
ACCESS: With two exceptions, triple south. Triple trailer units shall not leave the
trailer units shall not leave the Turnpike Turnpike project. Section 5537.01, as the safe merging of traffic between the
Project. The first exception is that triple discussed above defines ‘‘turnpike project’’ turnpike project and those public
trailer combinations are allowed on State as: ‘‘(B) ‘‘Project’’ or ‘‘turnpike project’’ roads, . . .’’
ROUTES
From To
I–76 Ohio Turnpike ........................................................................................................ Turnpike Exit 15 ................. Pennsylvania.
I–80 Ohio Turnpike ........................................................................................................ Turnpike Exit 8A ................. Turnpike Exit 15.
I–80/90 Ohio Turnpike ................................................................................................... Indiana ................................ Turnpike Exit 8A.
OH–7 .............................................................................................................................. Turnpike Exit 16 ................. Extending 1 mile south.
LEGAL CITATIONS: Same as the OH–TT2 combination.
* * * * * DRIVER: The driver must have a combinations, the heaviest trailer shall be
commercial driver’s license with the towed next to the truck tractor.
STATE: PENNSYLVANIA appropriate endorsement. PERMIT: None required except for a Class
COMBINATION: Truck tractor and 2 trailing VEHICLE: A semitrailer, or the trailer of a 9 vehicle.
units tandem trailer combination, may not be
LENGTH OF THE CARGO–CARRYING longer than 281⁄2 feet. A tandem
UNITS: 57 feet combination—including the truck tractor,
semitrailer and trailer—which exceeds 85
OPERATIONAL CONDITIONS: feet in length is considered a Class 9 vehicle
WEIGHT: The maximum gross weight is which requires a special permit to travel on
100,000 pounds. the Turnpike System. In tandem
ROUTES
From To
I–76 Pennsylvania Turnpike Mainline ............................................................................ Ohio .................................... Turnpike Exit 75.
I–76/1–70 Pennsylvania Turnpike Mainline ................................................................... Turnpike Exit 75 ................. Turnpike Exit 161.
I–76 Pennsylvania Turnpike Mainline ............................................................................ Turnpike Exit 161 ............... Turnpike Exit 326.
1–276 Pennsylvania Turnpike Mainline ......................................................................... Turnpike Exit 326 ............... I–95 Interchange.
I–95 interchange Pennsylvania Turnpike Mainline ........................................................ I–95 Interchange ................ New Jersey.
I–476 Pennsylvania Turnpike Northeastern Extension ................................................. Turnpike Exit 20 ................. Turnpike Exit 131.
I–376 Pennsylvania Turnpike Beaver Valley Expressway ............................................ Turnpike Exit 15 ................. Turnpike Exit 31.
Pennsylvania Turnpike 66 Greensburg Bypass ............................................................ Turnpike Exit 0 ................... Turnpike Exit 14.
Pennsylvania Turnpike 43 Mon/Fayette Expressway (I–68 to Route 43) ..................... West Virginia ...................... Turnpike Exit M8.
Pennsylvania Turnpike 43 Mon/Fayette Expressway (Uniontown to Brownsville) ....... Turnpike Exit M 15 ............. Turnpike Exit M28.
Pennsylvania Turnpike 43 Mon/Fayette Expressway (US–40 to PA–51) ..................... Turnpike Exit M30 .............. Turnpike Exit M54.
Pennsylvania Turnpike 43 Mon/Fayette Expressway (PA–51 to I–376/Monroeville) ... Turnpike Exit M54 .............. I–376/Monroeville.
Pennsylvania Turnpike 576 Southern Beltway (I–376 to US–22) ................................. Turnpike Exit S1 ................. Turnpike Exit S6.
Pennsylvania Turnpike 576 Southern Beltway (US–22 to I–79) ................................... Turnpike Exit S6 ................. I–79.
Pennsylvania Turnpike 576 Southern Beltway (I–79 to Mon/Fayette Expressway) ..... I–79 .................................... Pennsylvania Turnpike 43
Mon/Fayette Expressway.
LEGAL CITATIONS: Pennsylvania Vehicle DEPARTMENT OF HOMELAND regulations for certain waters of the
Code, 75 Pa.C.S. § 6110(a); Pennsylvania SECURITY Breton Bay. This action is necessary to
Code, 67 Pa. Code, Chapter 601. provide for the safety of life on these
* * * * * Coast Guard navigable waters of Breton Bay, at
[FR Doc. 2018–21341 Filed 10–1–18; 8:45 am] Leonardtown, MD, on October 6, 2018,
33 CFR Part 100 and October 7, 2018. This regulation
BILLING CODE 4910–22–P
[Docket Number USCG–2018–0225] prohibits persons and vessels from
entering the regulated area unless
RIN 1625–AA08 authorized by the Captain of the Port
Maryland-National Capital Region or the
Special Local Regulation; Breton Bay,
Coast Guard Patrol Commander.
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Leonardtown, MD
DATES: This rule is effective from 7:30
AGENCY: Coast Guard, DHS. a.m. on October 6, 2018 to 5:30 p.m. on
ACTION: Temporary final rule. October 7, 2018. It will be enforced from
SUMMARY: The Coast Guard is 7:30 a.m. to 5:30 p.m. on each of those
establishing temporary special local days.
VerDate Sep<11>2014 16:20 Oct 01, 2018 Jkt 247001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\02OCR1.SGM 02OCR1](https://thefederalregister.org/doc/83_FR_49680/page/1.svg)
![49492 Federal Register / Vol. 83, No. 191 / Tuesday, October 2, 2018 / Rules and Regulations
commencing at position latitude (4) The Race Area is an area described Local Notice to Mariners and issue a
38°16′52.1″ N, longitude 076°38′14.2″ by a line bounded by coordinates marine information broadcast on VHF–
W; thence northeast to latitude provided in latitude and longitude that FM marine band radio.
38°16′54″ N, longitude 076°38′12.5″ W; outlines the boundary of a Race Area (d) Enforcement periods. This section
thence southeast to latitude 38°16′48.6″ within the regulated area defined in will be enforced from 7:30 a.m. to 5:30
N, longitude 076°37′59.3″ W; thence paragraph (b)(2) of this section. The p.m. on October 6, 2018, and from 7:30
south to latitude 38°16′47.4″ N, actual placement of the race course will a.m. to 5:30 p.m. on October 7, 2018.
longitude 076°37′59.3″ W; thence be determined by the marine event Dated: September 26, 2018.
northwest along the shoreline to point sponsor but must be located within the Joseph B. Loring,
of origin. designated boundaries of the Race Area.
Captain, U.S. Coast Guard, Captain of the
(ii) Spectator area B. The area is Only participants and official patrol Port Maryland-National Capital Region.
bounded by a line commencing at vessels are allowed to enter the Race
[FR Doc. 2018–21350 Filed 10–1–18; 8:45 am]
position latitude 38°16′59.1″ N, Area.
(5) The Buffer Zone is an area that BILLING CODE 9110–04–P
longitude 076°37′45.6″ W; thence
southeast to latitude 38°16′57.1″ N, surrounds the perimeter of the Race
longitude 076°37′40.2″ W; thence Area within the regulated area defined
southwest to latitude 38°16′54.3″ N, in paragraph (b)(3) of this section. The ENVIRONMENTAL PROTECTION
longitude 076°37′41.9″ W; thence purpose of a Buffer Zone is to minimize AGENCY
southeast to latitude 38°16′51.8″ N, potential collision conflicts with
participants and spectators or nearby 40 CFR Part 52
longitude 076°37′36.4″ W; thence
northeast to latitude 38°16′55.2″ N, transiting vessels. This area provides [EPA–R02–OAR–2018–0422; FRL–9984–
longitude 076°37′34.2″ W; thence separation between the Race Area and 81—Region 2]
northwest to latitude 38°16′59.2″ N, Spectator Area or other vessels that are
operating in the vicinity of the regulated Approval and Promulgation of Air
longitude 076°37′37.2″ W; thence west
area defined in paragraph (b)(1) of this Quality Implementation Plans; New
to latitude 38°17′01.7″ N, longitude
section. Only participants and official York; Determination of Attainment of
076°37′43.7″ W; thence south to point of
patrol vessels are allowed to enter the the 2008 8-Hour Ozone National
origin.
Buffer Zone. Ambient Air Quality Standard for the
(iii) Spectator area C. The area is
(6) The Spectator Area is an area Jamestown, New York Marginal
bounded by a line commencing at
described by a line bounded by Nonattainment Area
position latitude 38°16′47.2″ N,
coordinates provided in latitude and
longitude 076°37′54.8″ W; thence south AGENCY: Environmental Protection
longitude that outlines the boundary of
to latitude 38°16′43.3″ N, longitude Agency (EPA).
a spectator area within the regulated
076°37′55.2″ W; thence east to latitude ACTION: Final rule.
area defined in paragraph (b)(4) of this
38°16′43.2″ N, longitude 076°37′47.8″
section. Spectators are only allowed SUMMARY: The Environmental Protection
W; thence north to latitude 38°16′44.7″ inside the regulated area if they remain
N, longitude 076°37′48.5″ W; thence Agency (EPA) is finalizing a
within the Spectator Area. All spectator determination that the Jamestown, New
northwest to point of origin. vessels shall be anchored or operate at
(c) Special local regulations. (1) The York Marginal Nonattainment Area
a no-wake speed while transiting within (Jamestown Area or Area) has attained
Captain of the Port Maryland-National the Spectator Area. Spectators may
Capital Region or the Coast Guard Patrol the 2008 8-hour ozone National
contact the Coast Guard Patrol
Commander may forbid and control the Ambient Air Quality Standard
Commander to request permission to
movement of all vessels and persons, (NAAQS). This determination is based
either enter the Spectator Area or pass
including event participants, in the upon complete, quality-assured, and
through the regulated area. If permission
regulated area. When hailed or signaled certified ambient air monitoring data
is granted, spectators must enter the
by an official patrol, a vessel or person that shows the Area has monitored
Spectator Area or pass directly through
in the regulated area shall immediately attainment of the 2008 8-hour ozone
the regulated area as instructed at safe
comply with the directions given. NAAQS for both the 2012–2014 and
speed and without loitering.
Failure to do so may result in expulsion (7) The Coast Guard Patrol 2015–2017 monitoring periods. This
from the area, citation for failure to Commander and official patrol vessels action does not constitute a
comply, or both. enforcing this regulated area can be redesignation to attainment. The
(2) The operator of any vessel in the contacted on marine band radio VHF– Jamestown Area will remain
regulated area shall: FM channel 16 (156.8 MHz) and nonattainment for the 2008 8-hour
(i) Stop the vessel immediately when channel 22A (157.1 MHz). Persons and ozone NAAQS until such time as EPA
directed to do so by any Official Patrol vessels desiring to transit, moor, or determines that the Jamestown Area
and then proceed only as directed. anchor within the regulated area must meets the Clean Air Act (CAA)
(ii) All persons and vessels shall obtain authorization from Captain of the requirements for redesignation to
comply with the instructions of the Port Maryland-National Capital Region attainment, including an approved
Official Patrol. or Coast Guard Patrol Commander. The maintenance plan. This action is being
(iii) When authorized to transit the Captain of the Port Maryland-National taken under the CAA.
regulated area, all vessels shall proceed Capital Region can be contacted at DATES: This final rule is effective on
at the minimum speed necessary to telephone number 410–576–2693 or on November 1, 2018.
maintain a safe course that minimizes Marine Band Radio, VHF–FM channel ADDRESSES: The EPA has established a
amozie on DSK3GDR082PROD with RULES
wake near the race course. 16 (156.8 MHz). The Coast Guard Patrol docket for this action under Docket ID
(3) The Coast Guard Patrol Commander can be contacted on Marine Number EPA–R02–OAR–2018–0422. All
Commander may terminate the event, or Band Radio, VHF–FM channel 16 (156.8 documents in the docket are listed on
the operation of any participant, at any MHz). the http://www.regulations.gov website.
time it is deemed necessary for the (8) The Coast Guard will publish a Although listed in the index, some
protection of life or property. notice in the Fifth Coast Guard District information is not publicly available,
VerDate Sep<11>2014 16:20 Oct 01, 2018 Jkt 247001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\02OCR1.SGM 02OCR1](https://thefederalregister.org/doc/83_FR_49680/page/4.svg)
Document Created: 2018-10-02 01:19:10
Document Modified: 2018-10-02 01:19:10
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule is effective from 7:30 a.m. on October 6, 2018 to 5:30 p.m. on October 7, 2018. It will be enforced from 7:30 a.m. to 5:30 p.m. on each of those days. | |
| Contact | If you have questions on this rule, call or email MST2 Dane Grulkey, U.S. Coast Guard Sector Maryland- National Capital Region; telephone 410-576-2570, email [email protected] | |
| FR Citation | 83 FR 49489 | |
| RIN Number | 1625-AA08 | |
| CFR Associated | Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements and Waterways |
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