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 


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15324 Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or email Mr. Ronald Houck, 

Sector Baltimore Waterways 

Management Division, Coast Guard; 

telephone 410–576–2674, email 

Ronald.L.Houck@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–2012–0123), 

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–2012–0123’’ 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– 

0123’’ 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 

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 on or before March 30, 2012 

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 U.S. Department of the Navy is 

sponsoring War of 1812 Bicentennial 

Commemorations in the Chesapeake 

Bay and Port of Baltimore, Maryland. 

Planned events include the scheduled 

arrival of U.S. and foreign naval vessels, 

public vessels, tall ships and other 

vessels beginning on June 12, 2012 and 

the scheduled departure of those vessels 

ending on June 20, 2012. The Coast 

Guard anticipates a large spectator fleet 

for these events. Operators should 

expect significant vessel congestion 

along the arrival and departure routes. 

The purpose of these regulations is to 

promote maritime safety and protect 

participants and the boating public in 

the Port of Baltimore and the waters of 

the Chesapeake Bay immediately prior 

to, during, and after the scheduled 

events. The regulations will provide for 

clear passage of participating vessels, a 

safety buffer around the participating 

vessels while they are in transit for the 

benefit of participants and spectators. 

The regulations will impact the 

movement of all vessels operating in 

specified waters of the Chesapeake Bay, 

Patapsco River, Northwest Harbor and 

the Inner Harbor. 

It may be necessary for the Coast 

Guard to establish additional safety or 

security zones in addition to these 

regulations to safeguard dignitaries and 

certain vessels participating in the 

event. If the Coast Guard deems it 

necessary to establish such zones at a 

later date, the details of those zones will 

be announced separately via the Federal 

Register, Local Notice to Mariners, 

Safety Voice Broadcasts, and any other 

means available. 

With the arrival of War of 1812 

Bicentennial Commemorations 

participants and spectator vessels in the 

Port of Baltimore for this event, it will 

be necessary to curtail normal port 

operations to some extent. The Coast 

Guard will attempt to minimize 

interference while still ensuring the 

safety of life on the navigable waters 

immediately before, during, and after 

the scheduled events. 

Discussion of Proposed Rule 

The War of 1812 Bicentennial 

Commemorations vessels are scheduled 

to arrive in the Captain of the Port 

(COTP) Baltimore Zone, as described in 

33 CFR 3.25–15, beginning on June 12, 

2012, following a route that includes 

specified waters of the Chesapeake Bay, 

Patapsco River, Northwest Harbor and 

the Inner Harbor. The War of 1812 

Bicentennial Commemorations vessels 

are scheduled to depart the COTP 

Baltimore Zone, ending on June 20, 

2012, following a route that includes 

specified waters of the Inner Harbor, 

Northwest Harbor, Patapsco River and 

the Chesapeake Bay. The safety of War 

of 1812 Bicentennial Commemorations 

vessels and spectators requires that 

spectator craft be kept at a safe distance 

from these routes during these vessel 

movements. 

The Coast Guard proposes 

establishing special local regulations for 

the area in the Port of Baltimore through 

which the vessels will pass for the War 

of 1812 Bicentennial Commemorations 

arrival on June 13, 2012 and the War of 

1812 Bicentennial Commemorations 


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departure on June 19, 2012. In addition 

to establishing special local regulations, 

we propose to establish temporary 

moving safety zones around War of 1812 

Bicentennial Commemorations vessels 

greater than 100 feet in length overall, 

while operating in the navigable waters 

of the Chesapeake Bay or its tributaries, 

north of the Maryland—Virginia border 

and south of latitude 39°35′00′′ N. This 

action is necessary to ensure the safety 

of participants and spectators 

immediately prior to, during, and 

following the War of 1812 Bicentennial 

Commemorations activities. 

The regulations contained within this 

proposed rule are not intended to effect 

existing Naval Vessel Protection Zone 

regulations described in Title 33 CFR 

Part 165 (Subpart G). 

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 

Executive Orders 12866, Regulatory 

Planning and Review, and 13563, 

Improving Regulation and Regulatory 

Review, 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 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This 

proposed rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, 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. The primary impact of this 

proposed rule would be on vessels 

wishing to transit the affected 

waterways during the War of 1812 

Bicentennial Commemorations vessels 

arrival beginning on June 12, 2012 and 

their departure ending on June 20, 2012. 

Although this proposed rule would 

prevent traffic from transiting a portion 

of the Inner Harbor, Northwest Harbor, 

Patapsco River and the Chesapeake Bay 

during these events, that restriction is 

limited in duration, affects only a 

limited area, and would be well 

publicized to allow mariners to make 

alternative plans for transiting the 

affected area. Moreover, the magnitude 

of the event itself would severely 

hamper or prevent transit of the 

waterway, even absent this proposed 

rule, which is designed to ensure it is 

conducted in a safe and orderly fashion. 

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 proposed rule would affect 

the following entities, some of which 

might be small entities: The owners or 

operators of vessels intending to operate 

or anchor in portions of the Inner 

Harbor, the Northwest Harbor and 

Patapsco River, and the Chesapeake 

Bay, in Maryland. The regulations 

would not have a significant impact on 

a substantial number of small entities 

for the following reasons: The 

restrictions are limited in duration, 

affect only limited areas, and will be 

well publicized to allow mariners to 

make alternative plans for transiting the 

affected areas. Moreover, the magnitude 

of the event itself will severely hamper 

or prevent transit of the waterway, even 

absent these regulations designed to 

ensure it is conducted in a safe and 

orderly fashion. 

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 Commander, 

Coast Guard Sector Baltimore, 2401 

Hawkins Pont Road, Building 70, 

Baltimore, Maryland, 21226–1791, 

Attention to: Waterways Management 

Division. 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 State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it 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 


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15326 Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 

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 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment. 

This proposed rule involves 

establishing special local regulations 

issued in conjunction with a marine 

event, as described in figure 2–1, 

paragraph (34)(h), of the Instruction. 

Under figure 2–1, paragraph (34)(h), of 

the Instruction, an environmental 

analysis checklist and categorical 

exclusion determination are not 

required for this proposed rule. We seek 

any comments or information that may 

lead to the discovery of a significant 

environmental impact from this 

proposed rule. 

Additionally, this proposed rule is 

categorically excluded, under figure 2– 

1, paragraph (34)(g), of the Instruction. 

This rule also involves establishing a 

temporary safety zone. A preliminary 

environmental analysis checklist and a 

categorical exclusion determination are 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects 

33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR parts 100 and 165 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. Add § 100.35T05–0123 to read as 

follows: 

§ 100.35T05–0123 Special Local 

Regulations for Marine Events; War of 1812 

Bicentennial Commemorations, 

Chesapeake Bay and Port of Baltimore, MD. 

(a) Definitions. (1) ‘‘Captain of the 

Port Baltimore’’ means the Commander, 

Coast Guard Sector Baltimore or any 

Coast Guard commissioned, warrant, or 

petty officer who has been authorized 

by the Captain of the Port Baltimore to 

act on his behalf. 

(2) ‘‘Official Patrol Vessel’’ includes 

all U. S. Coast Guard, public, state, 

county or local law enforcement vessels 

assigned and/or approved by 

Commander, Coast Guard Sector 

Baltimore. 

(3) ‘‘War of 1812 Bicentennial 

Commemorations Vessel’’ includes all 

vessels participating in War of 1812 

Bicentennial Commemorations activities 

under the auspices of the U.S. 

Department of Homeland Security 

Application for Marine Event submitted 

for the War of 1812 Bicentennial 

Commemorations activities in 

Baltimore, Maryland and approved by 

the Captain of the Port Baltimore. 

(4) ‘‘War of 1812 Bicentennial 

Commemorations arrival’’ is the 

movement of War of 1812 Bicentennial 

Commemorations vessels in orderly 

succession as they navigate designated 

routes in the Chesapeake Bay in 

Maryland and in the Port of Baltimore 

while inbound to Baltimore, Maryland 

on June 13, 2012. 

(5) ‘‘War of 1812 Bicentennial 

Commemorations departure’’ is the 

movement of War of 1812 Bicentennial 

Commemorations vessels in orderly 

succession as they navigate designated 

routes in the Port of Baltimore and in 

the Chesapeake Bay in Maryland while 

outbound from Baltimore, Maryland on 

June 19, 2012. 

(b) Regulated areas. The following 

regulated areas are established as 

special local regulations during the War 

of 1812 Bicentennial Commemorations 

in Baltimore, Maryland. All coordinates 

reference Datum NAD 1983. 

(1) ‘‘Arrival Area’’. All waters of the 

Patapsco River, Northwest Harbor and 

Inner Harbor enclosed by: 

Latitude Longitude 

39°15′41′′ N 076°34′48′′ W, to 

39°15′05′′ N 076°34′44′′ W, and 

39°14′08′′ N 076°33′38′′ W, to 

39°12′46′′ N 076°32′03′′ W, to 

39°10′ 25′′ N 076°31′01′′ W, to 

39°12′06′′ N 076°29′43′′ W, to 

39°13′22′′ N 076°31′16′′ W, to 

39°15′40′′ N 076°33′34′′ W. 

(2) ‘‘Departure Area’’. All waters of 

the Patapsco River, Northwest Harbor 

and Inner Harbor enclosed by: 

Latitude Longitude 

39°15′41′′ N 076°34′48′′ W, to 

39°15′05′′ N 076°34′44′′ W, and 

39°14′08′′ N 076°33′38′′ W, to 

39°12′46′′ N 076°32′03′′ W, to 

39°10′25′′ N 076°31′01′′ W, to 

39°12′06′′ N 076°29′43′′ W, to 

39°13′22′′ N 076°31′16′′ W, to 

39°15′40′′ N 076°33′34′′ W. 

(c) Special Local Regulations. (1) All 

persons and vessels within the regulated 

areas must operate in strict conformance 

with any directions given by the Captain 


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Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 15327 

of the Port Baltimore and leave the 

regulated areas immediately if the 

Captain of the Port Baltimore so orders. 

(2) Unless otherwise directed by the 

Captain of the Port Baltimore, all vessels 

within the regulated areas shall be 

operated at the minimum speed 

necessary to maintain safe course. 

(3) Persons desiring to transit the 

regulated area must first obtain 

authorization from the Captain of the 

Port Baltimore. To seek permission to 

transit the regulated areas, the Captain 

of the Port Baltimore and his designated 

representatives can be contacted at 

telephone number 410–576–2693 or on 

Marine Band Radio, VHF–FM channel 

16 (156.8 MHz). All Coast Guard vessels 

enforcing these regulated areas can be 

contacted on marine band radio VHF– 

FM channel 16 (156.8 MHz). 

(4) The Captain of the Port Baltimore 

will publish a notice in the Fifth Coast 

Guard District Local Notice to Mariners 

and will notify the public of any 

changes in the status of the regulated 

areas by a Marine Safety Radio 

Broadcast on VHF–FM marine band 

radio, channel 22A (157.1 MHZ). 

(d) Effective dates: This rule is 

effective from June 13, 2012 through 

June 19, 2012. 

(e) Enforcement periods: (1) ‘‘Arrival 

Area’’. Paragraph (b)(1) of this section 

will be enforced from 9 a.m. until 9 p.m. 

on June 13, 2012. 

(2) ‘‘Departure Area’’. Paragraph (b)(2) 

of this section will be enforced from 

6:30 a.m. until 3 p.m. on June 19, 2012. 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

2. Add § 165.T05–0123 to read as 

follows: 

§ 165.T05–0123 Safety Zone; War of 1812 

Bicentennial Commemorations, 

Chesapeake Bay and Port of Baltimore, MD. 

(a) Definitions. (1) ‘‘Captain of the 

Port Baltimore’’ means the Commander, 

U.S. Coast Guard Sector Baltimore, 

Maryland. 

(2) ‘‘Designated Representative’’ 

means any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the Captain of the Port 

Baltimore to assist in enforcing the 

safety zone described in paragraph (b) of 

this section. 

(3) ‘‘War of 1812 Bicentennial 

Commemorations Vessels’’ includes all 

vessels participating in War of 1812 

Bicentennial Commemorations activities 

under the auspices of the U.S. 

Department of Homeland Security 

Application for Marine Event submitted 

for the War of 1812 Bicentennial 

Commemorations activities in 

Baltimore, Maryland and approved by 

the Captain of the Port Baltimore. 

(b) Regulated areas. The following 

locations are a moving safety zone: (1) 

All waters within 500 yards of any War 

of 1812 Bicentennial Commemorations 

vessel which is greater than 100 feet in 

length overall, while operating in the 

navigable waters of the Chesapeake Bay 

or its tributaries, north of the MarylandVirginia border and south of latitude 

39°35′00′′ N. 

(2) All waters within 100 yards of any 

War of 1812 Bicentennial 

Commemorations vessel which is 

greater than 100 feet in length overall, 

while operating in the navigable waters 

of the Chesapeake Bay or its tributaries, 

north of the Maryland-Virginia border 

and south of latitude 39°35′00′′ N. 

(c) Regulations. The general safety 

zone regulations found in 33 CFR 

165.23 apply to the safety zone created 

by this temporary section, 

§ 165.T05.0123. (1) All persons are 

required to comply with the general 

regulations governing safety zones 

found in 33 CFR 165.23. 

(2) The Navigation Rules shall apply 

while within the safety zone described 

in paragraph (b). 

(3) Persons and vessels intending to 

transit the area of the safety zone 

described in paragraph (b)(1) of this 

section shall operate at the minimum 

speed necessary to maintain a safe 

course, unless required to maintain 

speed by the Navigation Rules, and shall 

proceed as directed by the Captain of 

the Port Baltimore or his designated 

representative. 

(4) Entry into or remaining in the area 

of the safety zone described in 

paragraph (b)(2) of this section is 

prohibited unless authorized by the 

Captain of the Port Baltimore or his 

designated representative. Persons 

desiring to transit the area of the safety 

zone described in paragraph (b)(2) of 

this section must first request 

authorization from the Captain of the 

Port Baltimore or his designated 

representative. To seek permission to 

transit the area, the Captain of the Port 

Baltimore and his designated 

representatives can be contacted at 

telephone number 410–576–2693 or on 

Marine Band Radio, VHF–FM channel 

16 (156.8 MHz). The Coast Guard 

vessels enforcing this section can be 

contacted on Marine Band Radio, VHF– 

FM channel 16 (156.8 MHz). Upon 

being hailed by a U.S. Coast Guard 

vessel, or other Federal, State, or local 

agency vessel, by siren, radio, flashing 

lights, or other means, the operator of a 

vessel shall proceed as directed. If 

permission is granted, all persons and 

vessels must comply with the 

instructions of the Captain of the Port 

Baltimore or his designated 

representative and proceed at the 

minimum speed necessary to maintain a 

safe course while within the zone, 

unless required to maintain speed by 

the Navigation Rules. 

(5) The Captain of the Port Baltimore 

will notify the public of any changes in 

the status of this zone by a Marine 

Safety Radio Broadcast on Marine Band 

Radio VHF–FM channel 22A (157.1 

MHZ). 

(6) The U.S. Coast Guard may be 

assisted in the patrol and enforcement 

of the zone by Federal, State, and local 

agencies. 

(d) Effective dates: This section is 

effective from June 12, 2012 through 

June 20, 2012. 

(e) Enforcement periods: This section 

will be enforced from 6 p.m. on June 12, 

2012 until 9 p.m. on June 13, 2012, and 

from 6 a.m. on June 19, 2012 until 

5 a.m. on June 20, 2012. 

Dated: February 26, 2012. 

Mark P. O’Malley, 

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

Port Baltimore. 

[FR Doc. 2012–6222 Filed 3–14–12; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 201 

[Docket No. RM 2011–7] 

Notice of Public Hearings: Exemption 

to Prohibition on Circumvention of 

Copyright Protection Systems for 

Access Control Technologies 

AGENCY: Copyright Office, Library of 

Congress. 

ACTION: Notice of Public Hearings. 

SUMMARY: The Copyright Office of the 

Library of Congress (‘‘Office’’) will be 

holding public hearings on the possible 

exemptions to the prohibition against 

circumvention of technological 

measures that control access to 

copyrighted works. In accordance with 

the Copyright Act, as amended by the 

Digital Millennium Copyright Act, the 

Office is conducting its triennial 

rulemaking proceeding to determine 

whether there are particular ‘‘classes of 


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