30888 Federal Register / Vol. 77, No. 101 / Thursday, May 24, 2012 / Rules and Regulations 

final rule that appeared in the Federal 

Register of May 3, 2012. (77 FR 26162). 

The final rule provides manufacturers of 

biological products greater flexibility, as 

appropriate, and encourages use of the 

most appropriate and state-of-the-art test 

methods for assuring the safety of 

biological products. The rule was 

published with an inaccurate citation in 

the codified section of the rule. This 

notice corrects that error. 

DATES: Effective June 4, 2012. 

FOR FURTHER INFORMATION CONTACT: Paul 

E. Levine, Jr., Center for Biologics 

Evaluation and Research (HFM–17), 

Food and Drug Administration, 1401 

Rockville Pike, Suite 200N, Rockville, 

MD 20852–1448, 301–827–6210. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2012–10649, appearing on page 26162 

in the Federal Register of Thursday, 

May 3, 2012, the following correction is 

made: 

§ 680.3 [Corrected] 

1. On page 26175, in the second 

column, in Part 680 Additional 

Standards for Miscellaneous Products, 

in § 680.3 Tests, paragraph (c), in line 4, 

‘‘§ 601.12’’ is corrected to read 

‘‘§ 610.12’’. 

Dated: May 18, 2012. 

Leslie Kux, 

Assistant Commissioner for Policy. 

[FR Doc. 2012–12594 Filed 5–23–12; 8:45 a.m.] 

BILLING CODE 4160–01–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

25 CFR Part 36 

[Docket ID: BIA–2012–0001] 

RIN 1076–AF10 

Heating, Cooling, and Lighting 

Standards for Bureau-Funded 

Dormitory Facilities 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: As required by the No Child 

Left Behind Act of 2001, the Secretary 

of the Interior has developed regulations 

using negotiated rulemaking that 

address heating, cooling, and lighting 

standards for Bureau-funded dormitory 

facilities. These regulations also make a 

technical change to remove an obsolete 

reference. 

DATES: This rule is effective on May 24, 

2012. Please submit written comments 

by June 25, 2012. The incorporation by 

reference of certain publications listed 

in the regulations is approved by the 

Director of the Federal Register as of 

May 24, 2012. 

ADDRESSES: You may submit comments 

by any of the following methods: 

—Federal rulemaking portal: http:// 

www.regulations.gov. The rule is 

listed under the agency name ‘‘Bureau 

of Indian Affairs.’’ The rule has been 

assigned Docket ID: BIA–2012–0001. 

If you would like to submit comments 

through the Federal e-Rulemaking 

Portal, go to www.regulations.gov and 

do the following. Go to the box 

entitled ‘‘Enter Keyword or ID,’’ type 

in ‘‘BIA–2012–0001,’’ and click the 

‘‘Search’’ button. The next screen will 

display the Docket Search Results for 

the rulemaking. If you click on BIA– 

2012–0001, you can view this rule 

and submit a comment. You can also 

view any supporting material and any 

comments submitted by others. 

—Email: Regina.Gilbert@bia.gov. 

Include the number 1076–AF10 in the 

subject line of the message. 

—Fax: (505) 563–3811. Include the 

number 1076–AF10 in the subject line 

of the message. 

—Mail: Regina Gilbert, Office of 

Regulatory Affairs & Collaborative 

Action, U.S. Department of the 

Interior, 1001 Indian School Road 

NW., Suite 312, Albuquerque, NM 

87104. Include the number 1076– 

AF10 in the subject line of the 

message. 

—Hand delivery: Regina Gilbert, Office 

of Regulatory Affairs & Collaborative 

Action, U.S. Department of the 

Interior, 1001 Indian School Road 

NW., Suite 312, Albuquerque, NM 

87104. Include the number 1076– 

AF10 in the subject line of the 

message. 

We cannot ensure that comments 

received after the close of the comment 

period (see DATES) will be included in 

the docket for this rulemaking and 

considered. Comments sent to an 

address other than those listed above 

will not be included in the docket for 

this rulemaking. 

FOR FURTHER INFORMATION CONTACT: 

Regina Gilbert, Office of Regulatory 

Affairs and Collaborative Action, Office 

of the Assistant Secretary—Indian 

Affairs, 1001 Indian School Road NW., 

Suite 312, Albuquerque, NM 87104; 

telephone (505) 563–3805; fax (505) 

563–3811. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Description of Changes 

III. Procedural Requirements 

A. Regulatory Planning and Review (E.O. 

12866) 

B. Regulatory Flexibility Act 

C. Small Business Regulatory Enforcement 

Fairness Act 

D. Unfunded Mandates Reform Act 

E. Takings (E.O. 12630) 

F. Federalism (E.O. 13132) 

G. Civil Justice Reform (E.O. 12988) 

H. Consultation With Indian Tribes (E.O. 

13175) 

I. Paperwork Reduction Act 

J. National Environmental Policy Act 

K. Information Quality Act 

L. Effects on the Energy Supply (E.O. 

13211) 

M. Clarity of This Regulation 

N. Public Availability of Comments 

O. Determination To Allow Shortened 

Public Comment Period 

I. Background 

The U.S. Government is responsible 

for educating American Indian children. 

This Federal duty is executed by the 

Bureau of Indian Affairs within the 

Department of the Interior. The Bureau 

funds 183 schools serving American 

Indian children. In part because of the 

low population densities across much of 

Indian country, a number of these 

schools include dormitory (‘‘homeliving’’) facilities. Many of these schools 

and associated facilities are in poor 

physical condition. 

The No Child Left Behind Act of 2001 

(107 Pub. L. 110: 115 Stat. 1425) (Act) 

included provisions intended to 

improve the quality of education 

provided at Bureau-funded schools, and 

the physical condition of the school 

facilities. The Act directed the Secretary 

of the Interior to establish a negotiated 

rulemaking committee, in accordance 

with the provisions of the Negotiated 

Rulemaking Act, to ensure maximum 

contribution by the affected Indian 

tribes in responding to the mandates of 

the Act. 

In 2003, the Secretary established a 

negotiated rulemaking committee, 

which held a series of meetings to 

address the mandates of the Act (the 

2003 committee). On April 28, 2005, 

final rules developed by the 2003 

committee were published in the 

Federal Register, addressing six 

components of the Act’s mandates: 

defining adequate yearly progress; 

establishing geographic attendance areas 

for Bureau-funded schools; establishing 

a formula for the minimum amount 

necessary to fund Bureau-funded 

schools; establishing a system of 

uniform direct funding and support for 

Bureau-operated schools; providing 

guidelines to ensure the Constitutional 

and civil rights of Indian students; and 

establishing a method for administering 

grants to tribally controlled schools. 70 

FR 22178. 


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Federal Register / Vol. 77, No. 101 / Thursday, May 24, 2012 / Rules and Regulations 30889 

Another section of the Act, codified at 

25 U.S.C. 2002, directed that: 

the Secretary [of the Interior], in consultation 

with the Secretary of Education, Indian 

organizations and tribes, and Bureau-funded 

schools, shall revise the national standards 

for home-living (dormitory) situations to 

include such factors as heating, lighting, 

cooling, adult-child ratios, needs for 

counselors (including special needs related 

to off-reservation home-living (dormitory) 

situations), therapeutic programs, space, and 

privacy. 

The 2003 committee promulgated 

rules addressing some of the 

components of section 2002, which 

were published on December 5, 2007, at 

72 FR 68491. However, the 2003 

committee had previously announced 

that: 

Standards relating to heating, cooling, and 

lighting of dormitories for home-living 

situations should be deferred for later 

consideration by the negotiated rulemaking 

committee charged with negotiating school 

construction under section 1125 of the Act. 

The Committee determined that it did not 

have the necessary expertise to define 

standards for these areas. 

69 FR 41773, Monday, July 12, 2004. 

The section of the Act referred to by 

the 2003 committee in the passage 

quoted above directs the Secretary to 

form a negotiated rulemaking committee 

specifically to collect information on the 

physical condition of the Bureau-funded 

school facilities, and submit reports to 

the Secretary and to certain 

Congressional committees regarding the 

allocation of funds for the maintenance, 

repair, and replacement of such 

facilities. 25 U.S.C. 2005. To comply 

with that mandate, the Secretary 

chartered the No Child Left Behind 

School Facilities and Construction 

Negotiated Rulemaking Committee on 

December 8, 2009 (the 2010 committee). 

Membership of the 2010 committee was 

published at 74 FR 65784 on December 

11, 2009. The 2010 committee has held 

seven meetings at locations around 

Indian country through September 2011 

to complete its work responding to the 

mandates of 25 U.S.C. 2005. It has 

drafted an interim final rule to complete 

the work responding to the mandates of 

25 U.S.C. 2002. 

Responsibility for the maintenance, 

repair, and replacement of Indian school 

facilities rests with the Office of 

Facilities Management and Construction 

(OFMC), under the Assistant 

Secretary—Indian Affairs. In designing 

such facilities, OFMC complies with the 

criteria set out in its ‘‘School Facilities 

Design Handbook’’ (handbook) dated 

March 30, 2007, which can be found at 

www.bia.gov/WhoWeAre/AS-IA/ORM/ 

Rulemaking/index.htm. The handbook 

identifies the building and design codes 

with which construction at Bureaufunded schools must comply. 

II. Description of Changes 

The 2010 committee determined, by 

consensus, that the codes and standards 

identified in the handbook respecting 

heating, ventilation, air conditioning, 

and lighting are appropriate for homeliving (dormitory) situations at Bureaufunded Indian education facilities. 

Therefore, the regulations being 

published today: 

• Make the building and design codes 

identified in the handbook mandatory 

for Bureau-funded Indian education 

dormitories; 

• Require the Bureau to give the 

public notice and an opportunity to 

comment on any proposal to change 

which standard building codes are 

incorporated in the handbook; and 

• Make a technical change to remove 

reference to subpart H, which is no 

longer in existence, and replace with a 

reference to subpart G. 

III. Procedural Requirements 

A. Regulatory Planning and Review 

(E.O. 12866) 

This interim final rule is not a 

significant rule and the Office of 

Management and Budget has not 

reviewed this rule under Executive 

Order 12866. This rule implements 

statutory requirements to revise the 

national standards for home-living 

(dormitory) situations to include such 

factors as heating, lighting, and cooling. 

Such standards shall be implemented in 

Bureau-operated schools, and shall 

serve as minimum standards for 

contract or grant schools. 

This rule also makes a technical 

correction. On April 28, 2005, at 70 FR 

21951, subpart H was deleted, and the 

home-living regulations were placed in 

subpart G. Therefore, a technical 

correction is needed to correct the 

reference of subpart H to subpart G. 

1. This rule will not have an effect of 

$100 million or more on the economy or 

adversely affect in a material way the 

economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 

governments or communities. This rule 

will have no effect on the economy 

because it merely establishes the 

minimum standards for national criteria 

for home-living situations. 

2. This rule will not create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency because the Department 

is the only agency with Bureau-operated 

schools. This rule will affect tribes that 

operate schools that are contract or grant 

schools by following the minimum 

requirements for all new construction, 

major alterations and improvements, 

and minor remodeling of facilities. 

3. This rule does not involve 

entitlements, grants, user fees, or loan 

programs or the rights or obligations of 

recipients. The revisions have no 

budgetary effects and do not affect the 

rights or obligations of any recipients. 

4. These regulatory changes directly 

implement statutory provisions and do 

not raise novel legal or policy issues. 

Overall, the impact of the rule is 

limited to Bureau-operated schools, and 

tribes that operate schools that are 

contract or grant schools. Accordingly, 

this rule is not a ‘‘significant regulatory 

action’’ from an economic standpoint, 

nor does it otherwise create any 

inconsistencies, materially alter any 

budgetary impacts, or raise novel legal 

or policy issues. 

B. Regulatory Flexibility Act 

The Department of the Interior 

certifies that this document will not 

have a significant economic effect on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). It does not change 

current funding requirements or 

regulate small entities. 

C. Small Business Regulatory 

Enforcement Fairness Act 

This interim final rule is not a major 

rule under 5 U.S.C. 804(2), the Small 

Business Regulatory Enforcement 

Fairness Act. It will not result in the 

expenditure by State, local, or tribal 

governments, in the aggregate, or by the 

private sector of $100 million or more 

in any one year. Because the standards 

in this rule are already being met in 

practice, it will not result in a major 

increase in costs or prices for 

consumers, individual industries, 

Federal, State, or local government 

agencies, or geographic regions. Nor will 

this rule have significant adverse effects 

on competition, employment, 

investment, productivity, innovation, or 

the ability of the U.S.-based enterprises 

to compete with foreign-based 

enterprises. 

D. Unfunded Mandates Reform Act 

This interim final rule does not 

impose an unfunded mandate on State, 

local, or tribal governments or the 

private sector of more than $100 million 

per year. The rule does not have a 

significant or unique effect on State, 

local, or tribal governments or the 

private sector. A statement containing 

the information required by the 


srobinson on DSK4SPTVN1PROD with RULES
30890 Federal Register / Vol. 77, No. 101 / Thursday, May 24, 2012 / Rules and Regulations 

Unfunded Mandates Reform Act (2 

U.S.C. 1531 et seq.) is not required. 

E. Takings (E.O. 12630) 

Under the criteria in Executive Order 

12630, this interim final rule does not 

affect individual property rights 

protected by the Fifth Amendment nor 

does it involve a compensable ‘‘taking.’’ 

A takings implication assessment is not 

required. 

F. Federalism (E.O. 13132) 

Under the criteria in Executive Order 

13132, this interim final rule has no 

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. This rule 

implements a statutory requirement in 

Public Law 107–110, which requires 

national standards for home-living 

(dormitory) situations to include such 

factors as heating, lighting, and cooling. 

This Federal rule affects Bureauoperated schools and tribes that operate 

schools that are contract or grant 

schools by following the minimum 

requirements for all new construction, 

major alterations and improvements, 

and minor remodeling of facilities. 

Because the rule does not affect the 

Federal government’s relationship to the 

States or the balance of power and 

responsibilities among various levels of 

government, it will not have sufficient 

federalism implications to warrant the 

preparation of a federalism summary 

impact statement. 

G. Civil Justice Reform (E.O. 12988) 

This interim final rule complies with 

the requirements of Executive Order 

12988. Specifically, this rule has been 

reviewed to eliminate errors and 

ambiguity and written to minimize 

litigation; and is written in clear 

language and contains clear legal 

standards. 

H. Consultation With Indian Tribes 

(E.O. 13175) 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government-to-Government Relations 

with Native American Tribal 

Governments,’’ Executive Order 13175 

(59 FR 22951, November 6, 2000), and 

512 DM 2, we have evaluated the 

potential effects on federally recognized 

Indian tribes and Indian trust assets and 

have identified potential effects. The 

Department engaged tribal government 

representatives throughout the 

development of this interim final rule 

through the establishment of the 

negotiated rulemaking committee, as 

required by the No Child Left Behind 

Act of 2001. 

I. Paperwork Reduction Act 

This interim final rule does not 

require any information to be collected. 

Therefore, the Paperwork Reduction Act 

is not required. 

J. National Environmental Policy Act 

This interim final rule does not 

constitute a major Federal action 

significantly affecting the quality of the 

human environment. 

K. Information Quality Act 

In developing this interim final rule 

we did not conduct or use a study, 

experiment, or survey requiring peer 

review under the Information Quality 

Act (Pub. L. 106–554). 

L. Effects on the Energy Supply (E.O. 

13211) 

This interim final rule is not a 

significant energy action under the 

definition in Executive Order 13211. A 

Statement of Energy Effects is not 

required. 

M. Clarity of This Regulation 

We are required by Executive Orders 

12866 and 12988 and by the 

Presidential Memorandum of June 1, 

1998, to write all rules in plain 

language. This means that each rule we 

publish must: 

(a) Be logically organized; 

(b) Use the active voice to address 

readers directly; 

(c) Use clear language rather than 

jargon; 

(d) Be divided into short sections and 

sentences; and 

(e) Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in the 

‘‘COMMENTS’’ section. To better help 

us revise the rule, your comments 

should be as specific as possible. For 

example, you should tell us the 

numbers of the sections or paragraphs 

that are unclearly written, which 

sections or sentences are too long, the 

sections where you believe lists or 

tables would be useful, etc. 

N. Public Availability of Comments 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

O. Required Determinations Under the 

Administrative Procedure Act 

We are publishing this interim final 

rule with a request for comment without 

prior notice and comment, as allowed 

under 5 U.S.C. 553(b)(B). 

Under section 553(b)(B), we find that 

prior notice and comment are 

unnecessary and would be contrary to 

the public interest. This rule codifies 

standards applicable to school facilities. 

The 2010 committee wrote this rule 

after consultation with tribes and to 

meet the needs of the Bureau-funded 

dormitory facilities. Delay in publishing 

this rule could lead to uncertainty about 

which standards are appropriate for 

heating, cooling, and lighting in 

residential facilities, which could lead 

to substandard living conditions, health 

problems, and other serious 

consequences. Delaying the rule by 

publication of a proposed rule would 

therefore be contrary to the public 

interest. 

As allowed under 5 U.S.C. 553(d)(3), 

the effective date of this rule is the date 

of publication in the Federal Register. 

Good cause for an immediate effective 

date exists because immediate 

availability of the standards that the rule 

requires will eliminate uncertainty 

about facility requirements and will 

avoid problems that could result from 

substandard facilities, as discussed 

above. 

We have requested comments on this 

interim final rule. We will review any 

comments received and, by a future 

publication in the Federal Register, 

address any comments received and 

either confirm the interim final rule 

with or without change or initiate a 

proposed rulemaking. 

List of Subjects in 25 CFR Part 36 

Educational facilities, Incorporation 

by reference, Indians—education, 

School construction. 

For the reasons given in the preamble, 

the Department of the Interior amends 

25 CFR part 36 as follows: 

PART 36—MINIMUM ACADEMIC 

STANDARDS FOR THE BASIC 

EDUCATION OF INDIAN CHILDREN 

AND NATIONAL CRITERIA FOR 

DORMITORY SITUATIONS 

■ 1. The authority for part 36 continues 

to read as follows: 

Authority: Section 502, 25 U.S.C. 2001; 

section 5101, 25 U.S.C. 2001; Section 1101, 

25 U.S.C. 2002; 5 U.S.C. 301; 25 U.S.C. 2 and 

9; 25 U.S.C. 2901, Title I of Pub. L. 101–477. 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 101 / Thursday, May 24, 2012 / Rules and Regulations 30891 

■ 2. Revise § 36.2 to read as follows: 

§ 36.2 Applicability. 

The national criteria for dormitory 

situations established under subpart G 

serve as a minimum requirement and 

are mandatory for all Bureau-operated 

and Indian-controlled contract schools. 

■ 2. Add § 36.104 to read as follows: 

§ 36.104 What are the requirements for 

heating, ventilation, cooling and lighting at 

dormitories? 

(a) All dormitories must be designed 

to meet or exceed the standards for 

heating, ventilation, cooling, and 

lighting set out in the building codes in 

the Bureau of Indian Affairs ‘‘School 

Facilities Design Handbook,’’ dated 

March 30, 2007, written and published 

by the Bureau of Indian Affairs Office of 

Facilities Management and 

Construction. The Director of the 

Federal Register has approved this 

incorporation by reference in 

accordance with 5 U.S.C. 552(a). To 

enforce any edition other than that 

specified in this section, the Bureau of 

Indian Affairs must publish notice of 

change in the Federal Register and the 

material must be available to the public 

(1) You may obtain a copy of the 

Handbook at http://www.bia.gov/cs/ 

groups/xraca/documents/text/ 

idc008030.pdf. You can get answers to 

your questions from the Bureau of 

Indian Affairs Office of Facilities 

Management and Construction at: 1011 

Indian School Road NW., Suite 335, 

Albuquerque, NM 87103; email: 

OFECT@bia.gov; Web site: http:// 

www.bia.gov/WhoWeAre/AS-IA/ 

OFECR/index.htm. 

(2) You may inspect the Handbook at 

the Department of the Interior Library, 

Main Interior Building, 1849 C Street 

NW., Room 1151, Washington, DC 

20240; telephone: (202) 208–3796. It is 

also available for inspection at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030 

or go to http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

(b) If an existing dormitory does not 

comply with the standards in paragraph 

(a) of this section, we will classify the 

discrepancy as ‘‘deferred capital 

maintenance’’ for purposes of 

prioritizing correction of the 

discrepancy. 

(c) The Bureau must publish in the 

Federal Register any proposal to change 

which building codes are included in 

the Bureau of Indian Affairs ‘‘School 

Facilities Design Handbook’’ or any 

successor document, and allow 120 

days for public comment and 

consultation. 

Dated: February 3, 2012. 

Larry Echo Hawk, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2012–12678 Filed 5–23–12; 8:45 a.m.] 

BILLING CODE 4310–W7–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2009–0996] 

Hydroplane Races Within the Captain 

of the Port Puget Sound Area of 

Responsibility 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Special Local Regulation for 

Hydroplane Races within the Captain of 

the Port Puget Sound Area of 

Responsibility for the Tastin’ n’ Racin’ 

hydroplane event in Lake Sammamish, 

WA on June 9th and 10th, 2012. This 

action is necessary to restrict vessel 

movement in the vicinity of the race 

courses thereby ensuring the safety of 

participants and spectators during these 

events. During the enforcement period 

non-participant vessels are prohibited 

from entering the designated race areas. 

Spectator craft entering, exiting or 

moving within the spectator area must 

operate at speeds which will create a 

minimum wake. 

DATES: The regulations in 33 CFR 

100.1308 will be enforced from 9 a.m. 

through 6 p.m. on June 9, 2012 and from 

9 a.m. through 6 p.m. on June 10, 2012. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email Ensign Anthony P. LaBoy, 

Sector Puget Sound Waterways 

Management Division, Coast Guard; 

telephone 206–217–6323, email 

SectorPugetSoundWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard is providing notice of 

enforcement of the Special Local 

Regulation for Hydroplane Races within 

the Captain of the Port Puget Sound 

Area of Responsibility 33 CFR 100.1308. 

The Lake Sammamish area, 33 CFR 

100.1308(a)(3) will be enforced on June 

9, 2012, from 9 a.m. to 6 p.m. and on 

June 10, 2012 from 9 a.m. to 6 p.m. 

These regulations can be found in the 

March 29, 2011 issue of the Federal 

Register (76 FR 17341). 

Under the provisions of 33 CFR 

100.1308, the regulated area shall be 

closed for the duration of the event to 

all vessel traffic not participating in the 

event and authorized by the event 

sponsor or Coast Guard Patrol 

Commander. 

When this special local regulation is 

enforced, non-participant vessels are 

prohibited from entering the designated 

race areas unless authorized by the 

designated on-scene Patrol Commander. 

Spectator craft may remain in 

designated spectator areas but must 

follow the directions of the designated 

on-scene Patrol Commander. The event 

sponsor may also function as the 

designated on-scene Patrol Commander. 

Spectator craft entering, exiting or 

moving within the spectator area must 

operate at speeds which will create a 

minimum wake. 

Emergency Signaling: A succession of 

sharp, short signals by whistle or horn 

from vessels patrolling the areas under 

the discretion of the designated onscene Patrol Commander shall serve as 

a signal to stop. Vessels signaled shall 

stop and shall comply with the orders 

of the patrol vessel. Failure to do so may 

result in expulsion from the area, 

citation for failure to comply, or both. 

This notice is issued under authority 

of 33 CFR 100.1308 and 5 U.S.C. 552(a). 

In addition to this notice in the Federal 

Register, the Coast Guard will provide 

the maritime community with advance 

notification of this enforcement period 

via the Local Notice to Mariners. If the 

Captain of the Port determines that the 

regulated area need not be enforced for 

the full duration stated in this notice, he 

may use a Broadcast Notice to Mariners 

to grant general permission to enter the 

regulated area. 

Dated: May 13, 2012. 

S.J. Ferguson, 

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

Port, Puget Sound. 

[FR Doc. 2012–12595 Filed 5–23–12; 8:45 a.m.] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 100 and 165 

[Docket No. USCG–2012–0350] 

Special Local Regulations and Safety 

Zones; Recurring Events in Northern 

New England 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulations. 


srobinson on DSK4SPTVN1PROD with RULES