Special Local Regulation; Bush River and Otter Point Creek, Harford County, MD, 16402-16406 [2019-07910]
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Federal Register / Vol. 84, No. 76 / Friday, April 19, 2019 / Rules and Regulations
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required for the export, reexport,
retransfer, or temporary import of a
defense article or the performance of a
defense service, when made by another
person for a department or agency of the
U.S. Government:
(1) To a department or agency of the
U.S. Government at its request; or
(2) To an entity other than the U.S.
Government at the written direction of
a department or agency of the U.S.
Government or pursuant to an
international agreement or arrangement,
for an activity authorized for that
department or agency in paragraphs
(a)(1) through (4) of this section.
(c) Return to the United States. No
license is required under this
subchapter for the return to the United
States of a defense article exported
pursuant to this section and not
subsequently reexported or retransferred
other than pursuant to this section, to:
(1) A department or agency of the U.S.
Government; or
(2) The person who exported the item.
(d) Prohibited activities and arms
embargoes. This section does not
authorize any department or agency of
the U.S. Government to make or
authorize any export that is otherwise
prohibited by any other administrative
provisions or by any statute or that is
inconsistent with U.S. arms embargoes
or United Nations Security Council
Resolutions (see § 126.1).
(e) Export clearance. For exports
shipped other than by a U.S. diplomatic
pouch or a U.S. Government aircraft,
vehicle, or vessel, an Electronic Export
Information (EEI) filing must be
submitted to U.S. Customs and Border
Protection using its electronic system(s)
at the time of export, unless electronic
submission of such information is
unavailable, in which case U.S. Customs
and Border Protection or the
Department of Defense transmittal
authority will issue instructions.
(f) Change in end-use or end-user.
Any change in end-use or end-user of a
defense article, to any party or use not
authorized by this section, requires
approval of the Directorate of Defense
Trade Controls through a license or
other approval.
Andrea Thompson,
Under Secretary for Arms Control and
International Security, U.S. Department of
State.
[FR Doc. 2019–07696 Filed 4–18–19; 8:45 am]
BILLING CODE 4710–25–P
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Department of the Army
PART 552—REGULATIONS
AFFECTING MILITARY
RESERVATIONS
32 CFR Part 552
■
[Docket ID: USA–2018–HQ–0015]
Authority: 5 U.S.C. 301; 10 U.S.C. 3012, 15
U.S.C. 1601; 18 U.S.C. 1382; 31 U.S.C. 71; 40
U.S.C. 258a; 41 U.S.C. 14; 50 U.S.C. 797.
DEPARTMENT OF DEFENSE
1. The authority citation for part 552
continues to read as follows:
RIN 0702–AA95
Regulations Affecting Military
Reservations
Department of the Army, DoD.
ACTION: Final rule.
AGENCY:
This final rule removes
subparts containing internal policies
concerning real estate claims upon
contract, and obsolete information on
the operation and use of fishing
facilities at Fort Monroe, Virginia and
the restriction of training areas on Fort
Benjamin Harrison, Indiana. Those
military installations have been
decommissioned.
SUMMARY:
DATES:
This rule is effective on April 19,
Subpart A—[Removed and Reserved]
2. Amend part 552 by removing and
reserving subpart A, consisting of
§ 552.16.
■
Subpart K—[Removed and Reserved]
3. Amend part 552 by removing and
reserving subpart K, consisting of
§§ 552.140 through 552.145.
■
Subpart N—[Removed and Reserved]
4. Amend part 552 by removing and
reserving subpart N, consisting of
§§ 552.180 through 552.185.
■
2019.
Brenda S. Bowen,
Army Federal Register Liaison Officer.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2019–07897 Filed 4–18–19; 8:45 am]
Arthur Dias at 703–697–0843.
SUPPLEMENTARY INFORMATION: These
subparts convey internal Army policy
and procedures and obsolete regulations
for military installations
decommissioned through the Defense
Base Closure Act of 1990 and the
National Defense Authorization Act of
Fiscal Year 2002. The subparts are
unnecessary.
It has been determined that public
comment on the removal of these
subparts is impracticable, unnecessary,
and contrary to public interest since it
is based on removing obsolete
information and DoD internal policies
and procedures that are publicly
available on the Department’s website.
DoD internal guidance will continue to
be published in Engineer Regulation
405–1–21, ‘‘Claims and Damages,’’
available at https://
www.publications.usace.army.mil/
USACE-Publications/EngineerRegulations.
This rule is not significant under
Executive Order (E.O.) 12866,
‘‘Regulatory Planning and Review,’’
therefore, E.O. 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs’’ does not apply.
List of Subjects in 32 CFR Part 552
Claims, Consumer protection, Federal
buildings and facilities, Government
employees, Life insurance, Military
personnel, Youth organizations.
Accordingly, 32 CFR part 552 is
amended as follows:
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BILLING CODE 5001–03–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2019–0083]
RIN 1625–AA08
Special Local Regulation; Bush River
and Otter Point Creek, Harford County,
MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing temporary special local
regulations for certain navigable waters
of the Bush River and Otter Point Creek.
This action is necessary to provide for
the safety of life on these waters located
at Edgewood, Harford County, MD, on
May 11, 2019, and May 12, 2019, during
a high-speed power boat racing event.
This regulation prohibits persons and
vessels from being in the regulated area
unless authorized by the Captain of the
Port Maryland-National Capital Region
or Coast Guard Patrol Commander.
DATES: This rule is effective from 9:30
a.m. on May 11, 2019 to 6:30 p.m. on
May 12, 2019. This rule will be enforced
from 9:30 a.m. to 6:30 p.m. on May 11,
2019, and, from 9:30 a.m. to 6:30 p.m.
on May 12, 2019.
SUMMARY:
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To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0083 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 Mr. Ronald Houck, U.S. Coast
Guard Sector Maryland-National Capital
Region; telephone 410–576–2674, email
Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
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CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Coast Guard Patrol Commander
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Carolina-Virginia Racing
Association of Havre de Grace, MD,
notified the Coast Guard that it will be
conducting the Flying Point Park
Outboard Regatta from 10 a.m. to 6 p.m.
on May 11, 2019, and from 10 a.m. to
6 p.m. on May 12, 2019. The high-speed
power boat racing event consists of
approximately 60 participating outboard
hydroplane and runabout race boats of
various classes, 9 to 14 feet in length,
with 4 to 12 boats racing in 3-lap heats,
along a designated, marked racetracktype course located in Bush River and
Otter Point Creek at Edgewood, Harford
County, MD. In response, on March 4,
2019, the Coast Guard published a
notice of proposed rulemaking (NPRM)
titled ‘‘Special Local Regulation; Bush
River and Otter Point Creek, Harford
County, MD’’ (84 FR 7310). There we
stated why we issued the NPRM and
invited comments on our proposed
regulatory action related to this power
boat racing race. During the comment
period that ended April 3, 2019, we
received one comment.
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. Due to the date of the event,
it would be impracticable to make the
regulation effective 30 days after
publication in the Federal Register.
Delaying the effective date of this rule
is impracticable and contrary to public
interest because it would delay the
safety measures necessary to respond to
potential safety hazards associated with
this marine event. Immediate action is
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needed to protect participants,
spectators, and other persons and
vessels during the high-speed race event
on these navigable waters.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041. The
Captain of the Port Maryland-National
Capital Region (COTP) has determined
that potential hazards associated with
the power boat racing event will be a
safety concern for anyone intending to
operate in or near the event area. The
purpose of this rule is to protect event
participants, spectators, and transiting
vessels on specified waters of the Bush
River and Otter Point Creek before,
during, and after the scheduled event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received one
public submission to the docket
responding to our NPRM published
March 4, 2019. We thank the commenter
for taking time to review the NPRM and
submitting a comment regarding this
action.
The comment was in support of the
Coast Guard’s rulemaking. However, the
commenter stated that because highspeed power boats will pass a certain
area, the Coast Guard should make sure
to inform the public, especially
residents around that area.
Patrol vessels assigned by the COTP
Maryland-National Capital Region will
be present to monitor the event and
enforce the special local regulation. In
addition, the COTP Maryland-National
Capital Region will notify the public of
the specific enforcement times of the
regulated area by all appropriate means
to affect the widest publicity among the
affected segments of the public,
including publishing a notice in the
Federal Register and an article in the
Local Notice to Mariners. Broadcast
Notice to Mariners will also be made for
this event, to begin prior to that start of
the scheduled event, and to continue to
notify the public, until immediately
after its completion.
There are no changes in the regulatory
text of this rule from that proposed in
the NPRM.
This rule establishes a special local
regulation to be enforced from 9:30 a.m.
to 6:30 p.m. on May 11, 2019, and from
9:30 a.m. to 6:30 on May 12, 2019. The
regulated area will cover all navigable
waters of the Bush River and Otter Point
Creek, from shoreline to shoreline,
bounded to the north by a line drawn
from the western shoreline of the Bush
River at latitude 39°27′15″ N, longitude
076°14′39″ W and thence eastward to
the eastern shoreline of the Bush River
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at latitude 39°27′03″ N, longitude
076°13′57″ W; and bounded to the south
by the Amtrak Railroad Bridge, across
the Bush River at mile 6.8, between
Perryman, MD, and Edgewood, MD. The
duration of the special local regulations
and size of the regulated area are
intended to ensure the safety of life on
these navigable waters before, during,
and after the power boat racing event,
scheduled from 10 a.m. until 6 p.m. on
May 11, 2019, and May 12, 2019.
Except for participants and vessels
already at berth, a person or vessel
within the regulated area at the start of
enforcement of this regulation must
immediately depart the regulated area.
A person or vessel that desires to transit,
moor, or anchor within the regulated
area must first obtain authorization from
the COTP Maryland-National Capital
Region or PATCOM. A person or vessel
seeking such permission can contact the
COTP Maryland-National Capital
Region at telephone number 410–576–
2693 or on VHF–FM channel 16, or the
PATCOM on VHF–FM channel 16 and
channel 22A. A vessel within the
regulated area must operate at safe
speed that minimizes wake. A person or
vessel not registered with the event
sponsor as a participant or assigned as
Official Patrols would be considered a
spectator. Official Patrols are any vessel
assigned or approved by the
Commander, Coast Guard Sector
Maryland-National Capital Region with
a commissioned, warrant, or petty
officer on board and displaying a Coast
Guard ensign. Official Patrols enforcing
this regulated area can be contacted on
VHF–FM channel 16 and channel 22A.
If permission is granted, the spectator
may enter the designated spectator area
or must pass directly through the
regulated area as instructed by
PATCOM. A spectator vessel must not
loiter within the navigable channel
while within the regulated area. Official
Patrols will direct spectator vessels to
the designated spectator area. All
spectator vessels within the designated
spectator area must be anchored or
operate at a No Wake Speed while
within the designated spectator area.
Only participants and Official Patrols
are allowed to enter the race area. 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 announcing specific
event date and times.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
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based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
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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 rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule 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 year of the regulated area, which will
impact a small designated area of the
Bush River and Otter Point Creek for 18
total enforcement hours. The Coast
Guard will issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the status of the regulated area.
Moreover, the rule will allow vessels to
seek permission to enter the regulated
area, and vessel traffic will be able to
safely transit the regulated area once the
COTP or PATCOM deems it safe to do
so.
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 no 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
rule will 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
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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
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 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.
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
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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
implementation of regulations within 33
CFR part 100 applicable to organized
marine events on the navigable waters
of the United States. The temporary
regulated area will be in effect for 33
hours. 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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.501T05–0083 to read as
follows:
■
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§ 100.501T05–0083 Special Local
Regulation; Bush River and Otter Point
Creek, Harford County, MD.
(a) Definitions. As used in this
section:
Buffer Zone is a neutral area that
surrounds the perimeter of the Race
Area within the regulated area described
by this section. The purpose of a buffer
zone is to minimize potential collision
conflicts with marine event participants
or race boats and spectator vessels or
nearby transiting vessels. This area
provides separation between a Race
Area and a specified Spectator Area or
other vessels that are operating in the
vicinity of the regulated area established
by the special local regulations.
Captain of the Port (COTP) MarylandNational Capital Region means the
Commander, U.S. Coast Guard Sector
Maryland-National Capital Region or
any Coast Guard commissioned, warrant
or petty officer who has been authorized
by the COTP to act on his behalf.
Coast Guard Patrol Commander
(PATCOM) 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.
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.
Participant means a person or vessel
registered with the event sponsor as
participating in the Flying Point Park
Outboard Regatta or otherwise
designated by the event sponsor as
having a function tied to the event.
Race Area is an area described by a
line bound by coordinates provided in
latitude and longitude that outlines the
boundary of a race area within the
regulated area defined by this section.
Spectator means a person or vessel
not registered with the event sponsor as
participants or assigned as official
patrols.
Spectator Area is an area described by
a line bound by coordinates provided in
latitude and longitude that outlines the
boundary of a spectator area within the
regulated area defined by this part.
(b) Locations. All coordinates
reference Datum NAD 1983.
(1) Regulated area. All navigable
waters of Bush River and Otter Point
Creek, from shoreline to shoreline,
bounded to the north by a line drawn
from the western shoreline of the Bush
River at latitude 39°27′15″ N, longitude
076°14′39″ W and thence eastward to
the eastern shoreline of the Bush River
at latitude 39°27′03″ N, longitude
076°13′57″ W; and bounded to the south
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by the Amtrak Railroad Bridge, across
the Bush River at mile 6.8, between
Perryman, MD and Edgewood, MD. The
following locations are within the
regulated area:
(2) Race Area. The race area is a
polygon in shape measuring
approximately 540 yards in length by
270 yards in width. The area is bounded
by a line commencing at position
latitude 39°26′33.1″ N, longitude
076°15′46.8″ W; thence westerly to
latitude 39°26′33.1″ N, longitude
076°15′49.3″ W; thence northerly to
latitude 39°26′37.1″ N, longitude
076°15′52.4″ W; thence northeasterly to
latitude 39°26′40.0″ N, longitude
076°15′52.5″ W; thence easterly to
latitude 39°26′45.9″ N, longitude
076°15′32.2″ W; thence southeasterly to
latitude 39°26′45.3″ N, longitude
076°15′30.0″ W; thence southerly to
latitude 39°26′43.8″ N, longitude
076°15′29.1″ W; thence southerly to
latitude 39°26′42.2″ N, longitude
076°15′28.9″ W; thence southwesterly to
latitude 39°26′40.8″ N, longitude
076°15′29.3″ W; thence westerly
terminating at point of origin.
(3) Buffer Zone. The buffer zone
surrounds the entire race area described
in the preceding paragraph of this
section. This area is a polygon in shape
and provides a buffer around the
perimeter of the race area. The area is
bounded by a line commencing at the
shoreline at Flying Point Park at
position latitude 39°26′31.9″ N,
longitude 076°15′32.5″ W; thence
westerly to latitude 39°26′30.5″ N,
longitude 076°15′52.7″ W; thence
northerly to latitude 39°26′39.9″ N,
longitude 076°16′00.0″ W; thence
easterly to latitude 39°26′51.6″ N,
longitude 076°15′26.7″ W; thence
southerly to latitude 39°26′37.0″ N,
longitude 076°15′22.5″ W; thence
southerly to latitude 39°26′33.7″ N,
longitude 076°15′22.8″ W, located at the
shoreline at Flying Point Park.
(4) Spectator Area. The designated
spectator area is a polygon in shape and
is bounded by a line commencing at
position latitude 39°26′39.9″ N,
longitude 076°15′23.3″ W; thence east to
latitude 39°26′39.6″ N, longitude
076°15′19.4″ W; thence south to latitude
39°26′36.6″ N, longitude 076°15′18.7″
W; thence west to latitude 39°26′37.0″
N, longitude 076°15′22.5″ W; thence
north to point of origin.
(c) Special local regulations: (1) The
COTP Maryland-National Capital
Region or PATCOM 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 must
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immediately comply with the directions
given by the patrol. Failure to do so may
result in the Coast Guard expelling the
person or vessel from the area, issuing
a citation for failure to comply, or both.
The COTP Maryland-National Capital
Region or PATCOM may terminate the
event, or a participant’s operations at
any time the COTP Maryland-National
Capital Region or PATCOM believes it
necessary to do so for the protection of
life or property.
(2) Except for participants and vessels
already at berth, a person or vessel
within the regulated area at the start of
enforcement of this section must
immediately depart the regulated area.
(3) A spectator must contact the
PATCOM to request permission to
either enter or pass through the
regulated area. The PATCOM, 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). If permission is granted, the
spectator may enter the designated
Spectator Area or must pass directly
through the regulated area as instructed
by PATCOM. A vessel within the
regulated area must operate at safe
speed that minimizes wake. A spectator
vessel must not loiter within the
navigable channel while within the
regulated area.
(4) A person or vessel that desires to
transit, moor, or anchor within the
regulated area must first obtain
authorization from the COTP MarylandNational Capital Region or PATCOM. A
person or vessel seeking such
permission can contact the COTP
Maryland-National Capital Region at
telephone number 410–576–2693 or on
Marine Band Radio, VHF–FM channel
16 (156.8 MHz) or the PATCOM on
Marine Band Radio, VHF–FM channel
16 (156.8 MHz).
(5) Only participant vessels and
official patrol vessels are allowed to
enter the race area.
(6) Spectators are only allowed inside
the regulated area if they remain within
the designated spectator area. All
spectator vessels must be anchored or
operate at a No Wake Speed within the
designated spectator area. Official patrol
vessels will direct spectator vessels to
the spectator area. Spectators must
contact the Coast Guard Patrol
Commander to request permission to
pass through the regulated area. If
permission is granted, spectators must
pass directly through the regulated area
at safe speed and without loitering.
(7) 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–
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FM marine band radio announcing
specific event date and times.
(d) Enforcement officials. The Coast
Guard may be assisted with marine
event patrol and enforcement of the
regulated area by other Federal, State,
and local agencies.
(e) Enforcement periods. This section
will be enforced from 9:30 a.m. to 6:30
p.m. on May 11, 2019, and, from 9:30
a.m. to 6:30 p.m. on May 12, 2019.
Dated: April 15, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2019–07910 Filed 4–18–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 6
[Docket No. PTO–T–2018–0063]
RIN 0651–AD32
International Trademark Classification
Changes
Correction
In rule document 2018–26373
beginning on page 62711 in the issue of
December 6, 2018, make the following
correction:
§ 6.1 International schedule of classes of
goods and services [Corrected].
On page 62713 in the second column,
in the first paragraph of section 6.1,
under the heading titled ‘‘Goods’’, the
numerical text entry ‘‘1.’’ was
inadvertently omitted and should
appear prior to the word ‘‘Chemical’’.
■
[FR Doc. C1–2018–26373 Filed 4–18–19; 8:45 am]
BILLING CODE 1301–00–D
I. Background
40 CFR Part 62
khammond on DSKBBV9HB2PROD with RULES
[EPA–R07–OAR–2018–0837; FRL–9992–09–
Region 7]
Approval of State Plans for Designated
Facilities and Pollutants; Missouri;
Diammonium Phosphate Fertilizer
Units
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
rescind the current state plan and
VerDate Sep<11>2014
15:46 Apr 18, 2019
Jkt 247001
Table of Contents
I. Background
II. What action is the EPA taking?
III. Statutory and Executive Order Reviews
ENVIRONMENTAL PROTECTION
AGENCY
SUMMARY:
associated regulation and to accept the
negative declaration submitted by the
State of Missouri for Diammonium
Phosphate Fertilizer units. The negative
declaration submitted by the Missouri
Department of Natural Resources
(MoDNR) certifies that Diammonium
Phosphate Fertilizer (DPF) units subject
to section 111(d) of the Clean Air Act
(CAA) do not operate within the
jurisdiction of the State of Missouri. The
EPA is accepting the negative
declaration in accordance with the
requirements of the CAA.
DATES: This final rule is effective on
May 20, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2018–0837. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional information.
FOR FURTHER INFORMATION CONTACT:
Larry Gonzalez, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
(913) 551–7041 or by email at
gonzalez.larry@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to the EPA.
The Clean Air Act (CAA) requires that
state regulatory agencies implement
emission guidelines and associated
compliance times using a state plan
developed under sections 111(d) of the
CAA. The general provisions for the
submittal and approval of state plans are
codified in 40 CFR part 60, subpart B
and 40 CFR part 62, subpart A. Section
111(d) establishes general requirements
and procedures on state plan submittals
for the control of designated pollutants.
States have options other than
submitting a state plan in order to fulfill
their obligations under CAA section
111(d). If a state does not have any
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
existing units for the relevant emission
guidelines, a letter can be submitted
certifying that no such units exist
within the state (i.e., a negative
declaration) in lieu of a state plan, in
accordance with 40 CFR 60.5010. The
negative declaration exempts the state
from the requirements of subpart B that
would otherwise require the submittal
of a CAA section 111(d) plan.
On August 6, 1975, the EPA finalized
standards of performance for new
stationary sources from the phosphate
fertilizer industry which included
diammonium phosphate fertilizer
production plants under the authority of
section 111 of the CAA. As required by
the CAA 111(d) and 40 CFR part 60,
subpart B, each state must adopt and
submit a plan for the control of
pollutants from existing facilities
regulated under section 111(b) New
Source Performance Standards
following publication of a notice of
availability of an applicable emission
control guideline unless no such
facilities exist within the state. If there
are no facilities in the state, the state is
required to submit a letter of certifying
that fact.
In response to these requirements, the
State of Missouri submitted a plan for
the control of fluoride emissions from
phosphate fertilizer plants on January 3,
1985. The state plan was based on the
state regulation 10 CSR 10–3.160
‘‘Restriction of Emissions from
Diammonium Phosphate Fertilizer
Plants’’. At the time of the submittal
there was a single operating phosphate
fertilizer plant in the State located in
Joplin, Missouri. On March 14, 1986,
the EPA approved the state plan and
associated regulation submitted by the
State of Missouri pursuant to CAA
section 111(d) and 40 CFR part 60,
subpart B. Subsequent to this state plan
approval, the single phosphate fertilizer
plant operating in Joplin, Missouri
ceased fertilizer production and
dismantled its fertilizer production
equipment in between the years of 2003
and 2004.
On December 3, 2018, MoDNR
submitted a negative declaration to the
EPA, certifying that there are no
operating phosphate fertilizer plants in
Missouri, and requested that the EPA
rescind its previous state plan
applicable to phosphate fertilizer
production facilities. Additionally,
MoDNR notified the EPA that it would
rescind its 10 CSR 10–3.160 rule that
controlled emissions of fluoride from
diammonium phosphate fertilizer
plants.
On February 4, 2019, the EPA
published in the Federal Register (84
FR 1039) a rule proposing to accept
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Agencies
[Federal Register Volume 84, Number 76 (Friday, April 19, 2019)]
[Rules and Regulations]
[Pages 16402-16406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07910]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2019-0083]
RIN 1625-AA08
Special Local Regulation; Bush River and Otter Point Creek,
Harford County, MD
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary special local
regulations for certain navigable waters of the Bush River and Otter
Point Creek. This action is necessary to provide for the safety of life
on these waters located at Edgewood, Harford County, MD, on May 11,
2019, and May 12, 2019, during a high-speed power boat racing event.
This regulation prohibits persons and vessels from being in the
regulated area unless authorized by the Captain of the Port Maryland-
National Capital Region or Coast Guard Patrol Commander.
DATES: This rule is effective from 9:30 a.m. on May 11, 2019 to 6:30
p.m. on May 12, 2019. This rule will be enforced from 9:30 a.m. to 6:30
p.m. on May 11, 2019, and, from 9:30 a.m. to 6:30 p.m. on May 12, 2019.
[[Page 16403]]
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0083 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 Mr. Ronald Houck, U.S. Coast Guard Sector Maryland-
National Capital Region; 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
PATCOM Coast Guard Patrol Commander
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Carolina-Virginia Racing Association of Havre de Grace, MD,
notified the Coast Guard that it will be conducting the Flying Point
Park Outboard Regatta from 10 a.m. to 6 p.m. on May 11, 2019, and from
10 a.m. to 6 p.m. on May 12, 2019. The high-speed power boat racing
event consists of approximately 60 participating outboard hydroplane
and runabout race boats of various classes, 9 to 14 feet in length,
with 4 to 12 boats racing in 3-lap heats, along a designated, marked
racetrack-type course located in Bush River and Otter Point Creek at
Edgewood, Harford County, MD. In response, on March 4, 2019, the Coast
Guard published a notice of proposed rulemaking (NPRM) titled ``Special
Local Regulation; Bush River and Otter Point Creek, Harford County,
MD'' (84 FR 7310). There we stated why we issued the NPRM and invited
comments on our proposed regulatory action related to this power boat
racing race. During the comment period that ended April 3, 2019, we
received one comment.
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. Due to the date of the event, it
would be impracticable to make the regulation effective 30 days after
publication in the Federal Register. Delaying the effective date of
this rule is impracticable and contrary to public interest because it
would delay the safety measures necessary to respond to potential
safety hazards associated with this marine event. Immediate action is
needed to protect participants, spectators, and other persons and
vessels during the high-speed race event on these navigable waters.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Maryland-National Capital Region (COTP)
has determined that potential hazards associated with the power boat
racing event will be a safety concern for anyone intending to operate
in or near the event area. The purpose of this rule is to protect event
participants, spectators, and transiting vessels on specified waters of
the Bush River and Otter Point Creek before, during, and after the
scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one public submission to the docket
responding to our NPRM published March 4, 2019. We thank the commenter
for taking time to review the NPRM and submitting a comment regarding
this action.
The comment was in support of the Coast Guard's rulemaking.
However, the commenter stated that because high-speed power boats will
pass a certain area, the Coast Guard should make sure to inform the
public, especially residents around that area.
Patrol vessels assigned by the COTP Maryland-National Capital
Region will be present to monitor the event and enforce the special
local regulation. In addition, the COTP Maryland-National Capital
Region will notify the public of the specific enforcement times of the
regulated area by all appropriate means to affect the widest publicity
among the affected segments of the public, including publishing a
notice in the Federal Register and an article in the Local Notice to
Mariners. Broadcast Notice to Mariners will also be made for this
event, to begin prior to that start of the scheduled event, and to
continue to notify the public, until immediately after its completion.
There are no changes in the regulatory text of this rule from that
proposed in the NPRM.
This rule establishes a special local regulation to be enforced
from 9:30 a.m. to 6:30 p.m. on May 11, 2019, and from 9:30 a.m. to 6:30
on May 12, 2019. The regulated area will cover all navigable waters of
the Bush River and Otter Point Creek, from shoreline to shoreline,
bounded to the north by a line drawn from the western shoreline of the
Bush River at latitude 39[deg]27'15'' N, longitude 076[deg]14'39'' W
and thence eastward to the eastern shoreline of the Bush River at
latitude 39[deg]27'03'' N, longitude 076[deg]13'57'' W; and bounded to
the south by the Amtrak Railroad Bridge, across the Bush River at mile
6.8, between Perryman, MD, and Edgewood, MD. The duration of the
special local regulations and size of the regulated area are intended
to ensure the safety of life on these navigable waters before, during,
and after the power boat racing event, scheduled from 10 a.m. until 6
p.m. on May 11, 2019, and May 12, 2019.
Except for participants and vessels already at berth, a person or
vessel within the regulated area at the start of enforcement of this
regulation must immediately depart the regulated area. A person or
vessel that desires to transit, moor, or anchor within the regulated
area must first obtain authorization from the COTP Maryland-National
Capital Region or PATCOM. A person or vessel seeking such permission
can contact the COTP Maryland-National Capital Region at telephone
number 410-576-2693 or on VHF-FM channel 16, or the PATCOM on VHF-FM
channel 16 and channel 22A. A vessel within the regulated area must
operate at safe speed that minimizes wake. A person or vessel not
registered with the event sponsor as a participant or assigned as
Official Patrols would be considered a spectator. Official Patrols are
any vessel assigned or approved by the Commander, Coast Guard Sector
Maryland-National Capital Region with a commissioned, warrant, or petty
officer on board and displaying a Coast Guard ensign. Official Patrols
enforcing this regulated area can be contacted on VHF-FM channel 16 and
channel 22A. If permission is granted, the spectator may enter the
designated spectator area or must pass directly through the regulated
area as instructed by PATCOM. A spectator vessel must not loiter within
the navigable channel while within the regulated area. Official Patrols
will direct spectator vessels to the designated spectator area. All
spectator vessels within the designated spectator area must be anchored
or operate at a No Wake Speed while within the designated spectator
area. Only participants and Official Patrols are allowed to enter the
race area. 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 announcing specific event date
and times.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
[[Page 16404]]
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 rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule 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 year of the regulated area, which will impact a small
designated area of the Bush River and Otter Point Creek for 18 total
enforcement hours. The Coast Guard will issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the status of the regulated
area. Moreover, the rule will allow vessels to seek permission to enter
the regulated area, and vessel traffic will be able to safely transit
the regulated area once the COTP or PATCOM deems it safe to do so.
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 no 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 rule will 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 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 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.
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
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States.
The temporary regulated area will be in effect for 33 hours. 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: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. [thinsp]100.501T05-0083 to read as follows:
[[Page 16405]]
Sec. 100.501T05-0083 Special Local Regulation; Bush River and Otter
Point Creek, Harford County, MD.
(a) Definitions. As used in this section:
Buffer Zone is a neutral area that surrounds the perimeter of the
Race Area within the regulated area described by this section. The
purpose of a buffer zone is to minimize potential collision conflicts
with marine event participants or race boats and spectator vessels or
nearby transiting vessels. This area provides separation between a Race
Area and a specified Spectator Area or other vessels that are operating
in the vicinity of the regulated area established by the special local
regulations.
Captain of the Port (COTP) Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or any Coast Guard commissioned, warrant or petty officer who has been
authorized by the COTP to act on his behalf.
Coast Guard Patrol Commander (PATCOM) 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.
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.
Participant means a person or vessel registered with the event
sponsor as participating in the Flying Point Park Outboard Regatta or
otherwise designated by the event sponsor as having a function tied to
the event.
Race Area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of a race
area within the regulated area defined by this section.
Spectator means a person or vessel not registered with the event
sponsor as participants or assigned as official patrols.
Spectator Area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of a
spectator area within the regulated area defined by this part.
(b) Locations. All coordinates reference Datum NAD 1983.
(1) Regulated area. All navigable waters of Bush River and Otter
Point Creek, from shoreline to shoreline, bounded to the north by a
line drawn from the western shoreline of the Bush River at latitude
39[deg]27'15'' N, longitude 076[deg]14'39'' W and thence eastward to
the eastern shoreline of the Bush River at latitude 39[deg]27'03'' N,
longitude 076[deg]13'57'' W; and bounded to the south by the Amtrak
Railroad Bridge, across the Bush River at mile 6.8, between Perryman,
MD and Edgewood, MD. The following locations are within the regulated
area:
(2) Race Area. The race area is a polygon in shape measuring
approximately 540 yards in length by 270 yards in width. The area is
bounded by a line commencing at position latitude 39[deg]26'33.1'' N,
longitude 076[deg]15'46.8'' W; thence westerly to latitude
39[deg]26'33.1'' N, longitude 076[deg]15'49.3'' W; thence northerly to
latitude 39[deg]26'37.1'' N, longitude 076[deg]15'52.4'' W; thence
northeasterly to latitude 39[deg]26'40.0'' N, longitude
076[deg]15'52.5'' W; thence easterly to latitude 39[deg]26'45.9'' N,
longitude 076[deg]15'32.2'' W; thence southeasterly to latitude
39[deg]26'45.3'' N, longitude 076[deg]15'30.0'' W; thence southerly to
latitude 39[deg]26'43.8'' N, longitude 076[deg]15'29.1'' W; thence
southerly to latitude 39[deg]26'42.2'' N, longitude 076[deg]15'28.9''
W; thence southwesterly to latitude 39[deg]26'40.8'' N, longitude
076[deg]15'29.3'' W; thence westerly terminating at point of origin.
(3) Buffer Zone. The buffer zone surrounds the entire race area
described in the preceding paragraph of this section. This area is a
polygon in shape and provides a buffer around the perimeter of the race
area. The area is bounded by a line commencing at the shoreline at
Flying Point Park at position latitude 39[deg]26'31.9'' N, longitude
076[deg]15'32.5'' W; thence westerly to latitude 39[deg]26'30.5'' N,
longitude 076[deg]15'52.7'' W; thence northerly to latitude
39[deg]26'39.9'' N, longitude 076[deg]16'00.0'' W; thence easterly to
latitude 39[deg]26'51.6'' N, longitude 076[deg]15'26.7'' W; thence
southerly to latitude 39[deg]26'37.0'' N, longitude 076[deg]15'22.5''
W; thence southerly to latitude 39[deg]26'33.7'' N, longitude
076[deg]15'22.8'' W, located at the shoreline at Flying Point Park.
(4) Spectator Area. The designated spectator area is a polygon in
shape and is bounded by a line commencing at position latitude
39[deg]26'39.9'' N, longitude 076[deg]15'23.3'' W; thence east to
latitude 39[deg]26'39.6'' N, longitude 076[deg]15'19.4'' W; thence
south to latitude 39[deg]26'36.6'' N, longitude 076[deg]15'18.7'' W;
thence west to latitude 39[deg]26'37.0'' N, longitude 076[deg]15'22.5''
W; thence north to point of origin.
(c) Special local regulations: (1) The COTP Maryland-National
Capital Region or PATCOM 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 must immediately comply with the directions given
by the patrol. Failure to do so may result in the Coast Guard expelling
the person or vessel from the area, issuing a citation for failure to
comply, or both. The COTP Maryland-National Capital Region or PATCOM
may terminate the event, or a participant's operations at any time the
COTP Maryland-National Capital Region or PATCOM believes it necessary
to do so for the protection of life or property.
(2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
(3) A spectator must contact the PATCOM to request permission to
either enter or pass through the regulated area. The PATCOM, 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). If permission is granted, the spectator may enter the
designated Spectator Area or must pass directly through the regulated
area as instructed by PATCOM. A vessel within the regulated area must
operate at safe speed that minimizes wake. A spectator vessel must not
loiter within the navigable channel while within the regulated area.
(4) A person or vessel that desires to transit, moor, or anchor
within the regulated area must first obtain authorization from the COTP
Maryland-National Capital Region or PATCOM. A person or vessel seeking
such permission can contact the COTP Maryland-National Capital Region
at telephone number 410-576-2693 or on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz) or the PATCOM on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz).
(5) Only participant vessels and official patrol vessels are
allowed to enter the race area.
(6) Spectators are only allowed inside the regulated area if they
remain within the designated spectator area. All spectator vessels must
be anchored or operate at a No Wake Speed within the designated
spectator area. Official patrol vessels will direct spectator vessels
to the spectator area. Spectators must contact the Coast Guard Patrol
Commander to request permission to pass through the regulated area. If
permission is granted, spectators must pass directly through the
regulated area at safe speed and without loitering.
(7) 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-
[[Page 16406]]
FM marine band radio announcing specific event date and times.
(d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
Federal, State, and local agencies.
(e) Enforcement periods. This section will be enforced from 9:30
a.m. to 6:30 p.m. on May 11, 2019, and, from 9:30 a.m. to 6:30 p.m. on
May 12, 2019.
Dated: April 15, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2019-07910 Filed 4-18-19; 8:45 am]
BILLING CODE 9110-04-P