15320 Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 

(REG–130777–11), providing guidance 

on the tax treatment of Treasury 

Inflation-Protected Securities issued 

with more than a de minimis amount of 

premium. 

DATES: The public hearing originally 

scheduled for March 28, 2012 at 10 a.m., 

is cancelled. 

FOR FURTHER INFORMATION CONTACT: 

Funmi Taylor of the Publications and 

Regulations Branch, Legal Processing 

Division, Associate Chief Counsel 

(Procedure and Administration), at (202) 

622–7180 (not a toll-free number). 

SUPPLEMENTARY INFORMATION: A notice 

of proposed rulemaking by crossreference to temporary regulations and 

notice of public hearing that appeared 

in the Federal Register on Monday, 

December 5, 2011 (76 FR 75829), 

announced that a public hearing was 

scheduled for March 28, 2012, at 10 

a.m., in the IRS Auditorium, Internal 

Revenue Service Building, 1111 

Constitution Avenue NW., Washington, 

DC. The subject of the public hearing is 

under section 1275 of the Internal 

Revenue Code. 

The public comment period for these 

regulations expired on March 7, 2012. 

The notice of proposed rulemaking by 

cross-reference to temporary regulations 

and notice of public hearing, instructed 

those interested in testifying at the 

public hearing to submit a request to 

speak and an outline of the topics to be 

addressed. As of Monday, March 12, 

2012, no one has requested to speak. 

Therefore, the public hearing scheduled 

for March 28, 2012, is cancelled. 

LaNita Van Dyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel (Procedures and Administration). 

[FR Doc. 2012–6212 Filed 3–14–12; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2012–0109] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Temporary Change of Dates 

for Recurring Marine Events in the 

Fifth Coast Guard District, Bogue 

Sound; Morehead City, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

temporarily change the enforcement 

period of a special local regulation for 

a recurring marine event in the Fifth 

Coast Guard District. This change 

applies only to the ‘‘Crystal Coast Super 

Boat Grand Prix’’ conducted on the 

waters of Bogue Sound near Morehead 

City, North Carolina. This Special Local 

Regulation is necessary to provide for 

the safety of life on navigable waters 

during the event, which has been 

rescheduled from the fourth or last 

Sunday in September to the third 

Saturday and Sunday in September. 

This regulation would close a portion of 

the waters of Bogue Sound to vessel 

traffic during the boat race. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before April 16, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2012–0109 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or email BOSN3 Joseph M. 

Edge, Coast Guard Sector North 

Carolina, Coast Guard; telephone 252– 

247–4525, email 

Joseph.M.Edge@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2012–0109), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an email address, 

or a telephone number in the body of 

your document so that we can contact 

you if we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2012–0109’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period and may 

change the rule based on your 

comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2012– 

0109’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 


tkelley on DSK3SPTVN1PROD with PROPOSALS-1
Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 15321 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Basis and Purpose 

The legal basis for this rule is 33 

U.S.C. 1233, which authorizes the Coast 

Guard to define special local regulations 

for specified areas on navigable waters. 

The purpose of this rulemaking is to 

ensure the safety of life on navigable 

waters during marine events and 

provide the marine community the 

opportunity to comment on regulated 

area locations, size, and length of time 

the special local regulation will be 

active. 

Background 

On September 15–16, 2012 from 

10 a.m. to 4 p.m. East Coast Extreme 

Corporation will sponsor ‘‘The Crystal 

Coast Super Boat Grand Prix’’ on the 

waters of Bogue Sound adjacent to 

Morehead City, North Carolina. This 

special local regulation is necessary to 

ensure the safety of vessels and 

spectators from hazards associated with 

a powerboat race. The Captain of the 

Port North Carolina has determined 

powerboat races in close proximity to 

other watercraft and waterfront 

infrastructure pose significant risk to 

public safety and property. The likely 

combination of large numbers of 

recreational vessels, powerboats 

traveling at high speeds, and large 

numbers of spectators in close 

proximity to the event area poses risks 

that could result in serious injuries or 

fatalities. Special local regulations are in 

effect annually, defining a buffer or 

regulated area that prohibits vessels or 

persons from entering the race course. 

The regulated area that encompasses the 

event location will help ensure the 

safety of persons and property during 

the power boat race and minimize 

associated risk. 

The regulations at 33 CFR § 100.501 

lists recurring marine events within the 

Fifth Coast Guard District and marine 

event dates. The Table to § 100.501 

identifies marine events by Captain of 

the Port zone. This particular marine 

event is listed in the Table to § 100.501 

(d.)3. 

The regulation in the Table to 

§ 100.501 line (d.)3 indicates the Crystal 

Coast Super Boat Grand Prix would 

normally take place this year on 

September 23, 2012. This regulation 

temporarily changes the event date for 

this year to September 15–16, 2012. 

To provide for the safety of the 

participants, spectators and other 

transiting vessels, the Coast Guard will 

temporarily restrict vessel traffic in the 

event area during this event. The 

regulation at 33 CFR 100.501 would be 

enforced from 10 a.m. to 4 p.m. on 

September 15–16, 2012; vessels may not 

enter the regulated area unless they 

receive permission from the Coast 

Guard Patrol Commander. 

Discussion of Proposed Rule 

The Coast Guard is proposing to 

temporarily suspend the regulation 

listed at line No. (d.)3 in Table to 

§ 100.501 and will insert a new 

temporary regulation at Table to 

§ 100.501 line No. (d.)5. This change 

will reflect a new date for this year’s 

marine event, i.e. September 15–16, 

2012. This change is needed to 

accommodate the change in date of the 

annual Crystal Coast Super Boat Grand 

Prix. No other portion of the Table to 

§ 100.501 or other provisions in 

§ 100.501 shall be affected by this 

regulation. 

This safety zone will restrict vessel 

movement on the specified waters of 

Bogue Sound adjacent to Morehead 

City, North Carolina. The regulated area 

will be established in the interest of 

participant safety during the ‘‘Crystal 

Coast Super Boat Grand Prix’’ and will 

be enforced from 10 a.m. to 4 p.m. on 

September 15–16, 2012. The Coast 

Guard, at its discretion and when 

practical, will allow the passage of 

vessels. During the Marine Event no 

vessel will be allowed to transit the 

waterway unless the vessel is given 

permission from the Patrol Commander 

to transit. 

Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This proposed rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation is 

unnecessary. Although this regulation 

will restrict access to the area, the effect 

of this rule will not be significant 

because the regulated area will be in 

effect for a limited time, from 10 a.m. to 

4 p.m., on September 15–16, 2012. The 

Coast Guard will give advance 

notification via maritime advisories so 

mariners can adjust their plans 

accordingly, and the regulated area will 

apply only to the section of Bogue 

Sound adjacent to Morehead City. Coast 

Guard vessels enforcing this regulated 

area can be contacted on marine band 

radio VHF–FM channel 16 (156.8 MHz). 

Additionally, this rulemaking does not 

change the permanent regulated areas 

that have been published in 33 CFR 

100.501, Table to § 100.501. Vessel 

traffic will be able to transit the 

regulated area before and after the races, 

when the Coast Guard Patrol 

Commander deems it is safe to do so. 

Coast Guard vessels enforcing this 

regulated area can be contacted on 

marine band radio VHF–FM channel 16 

(156.8 MHz). 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed rule would have 

a significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 

This rule will affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to transit the specified 

portion of Bogue Sound from 10 a.m. to 

4 p.m. on September 15–16, 2012. 


tkelley on DSK3SPTVN1PROD with PROPOSALS-1
15322 Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 

This proposed rule would not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. This rule will 

only be in effect for six hours each day 

for two days. The regulated area applies 

only to the section of Bogue Sound 

adjacent to Morehead City and traffic 

may be allowed to pass through the 

regulated area with the permission of 

the Coast Guard Patrol Commander. 

Before the enforcement period, we will 

issue maritime advisories so mariners 

can adjust their plans accordingly. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

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 BOSN3 

Joseph Edge, Prevention Department, 

Sector North Carolina, 252–247–4525. 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this proposed rule or 

any policy or action of the Coast Guard. 

Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

Federalism 

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 

determined that this rule does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

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

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

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

more in any one year. Though this 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This proposed rule would not cause a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination, 

under figure 2–1, paragraph 34(h) of the 

Instruction, that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. A preliminary 

environmental analysis checklist 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. This proposed rule 

involves implementation of regulations 

within 33 CFR Part 100 that apply to 

organized marine events on the 

navigable waters of the United States 

that may have potential for negative 

impact on the safety or other interest of 

waterway users and shore side activities 

in the event area. This special local 

regulation is necessary to provide for 

the safety of the general public and 

event participants from potential 

hazards associated with movement of 

vessels near the event area. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this 

proposed rule. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 


tkelley on DSK3SPTVN1PROD with PROPOSALS-1
Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 15323 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 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: 33 U.S.C 1233. 

2. From September 15, through 

September 23, 2012, in § 100.501, Table 

to § 100.501, suspend entry (d)3. 

3. From 10 a.m. to 4 p.m. on 

September 15–16, 2012 in § 100.501, 

Table to § 100.501, add entry (d.)5 to 

read as follows: 

§ 100.501–T05–0109 Special Local 

Regulations; Recurring Marine Event in the 

Fifth Coast Guard District 

* * * * * 

TABLE TO § 100.501 

[All coordinates listed in the Table to § 100.501 reference Datum NAD 1983] 

(d.) Coast Guard Sector North Carolina—COTP Zone 

Number Date Event Sponsor Location 

*******

5 ............. September 15–16, 

2012.

Crystal Coast Super 

Boat Grand Prix.

East Coast Extreme The waters of Bogue Sound, adjacent to Morehead City, NC, 

from the southern tip of Sugar Loaf Island approximate position latitude 34°42′55′′ N, longitude 076°42′48′′ W, thence 

westerly to Morehead City Channel Day beacon 7 (LLNR 

38620), thence southwest along the channel line to Bogue 

Sound Light 4 (LLRN 38770), thence southerly to Causeway 

Channel Day beacon 2 (LLNR 38720), thence southeasterly 

to Money Island Day beacon 1 (LLNR 38645), thence easterly to Eight and One Half Marina Day beacon 2 (LLNR 

38685), thence easterly to the westernmost shoreline of 

Brant Island approximate position latitude 34°42′36′′ N, longitude 076°42′11′′ W, thence northeasterly along the shoreline to Tombstone Point approximate position latitude 

34°42′14′′ N, longitude 076°41′20′′ W, thence southeasterly 

to the east end of the pier at Coast Guard Sector North 

Carolina approximate position latitude 34°42′00′′ N, longitude 076°40′52′′ W, thence easterly to Morehead City 

Channel Buoy 20 (LLNR 29427), thence northerly to Beaufort Harbor Channel LT 1BH (LLNR 34810), thence northwesterly to the southern tip of Radio Island approximate position latitude 34°42′22′′ N, longitude 076°40′52′′ W, thence 

northerly along the shoreline to approximate position latitude 

34°43′00′′ N, longitude 076°41′25′′ W, thence westerly to 

the North Carolina State Port Facility, thence westerly along 

the State Port to the southwest corner approximate position 

latitude 34°42′55′′ N, longitude 076°42′12′′ W, thence westerly to the southern tip of Sugar Loaf Island the point of origin. 

Dated: February 20, 2012. 

A. Popiel, 

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

Port North Carolina. 

[FR Doc. 2012–6314 Filed 3–14–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 100 and 165 

[Docket No. USCG–2012–0123] 

RIN 1625–AA08, AA00 

Special Local Regulations and Safety 

Zone; War of 1812 Bicentennial 

Commemorations, Chesapeake Bay 

and Port of Baltimore, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish temporary special local 

regulations and safety zone in the 

Chesapeake Bay and Port of Baltimore, 

Maryland for War of 1812 Bicentennial 

Commemorations activities. This action 

is necessary to provide for the safety of 

life on navigable waters before, during, 

and after War of 1812 Bicentennial 

Commemorations events being planned 

for Baltimore, Maryland. This action 

will restrict vessel traffic in portions of 

the Inner Harbor, the Northwest Harbor, 

the Patapsco River, and the Chesapeake 

Bay. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before April 16, 2012. Requests for 

public meetings must be received by the 

Coast Guard on or before March 30, 

2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2012–0123 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The telephone 

number is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 


tkelley on DSK3SPTVN1PROD with PROPOSALS-1