Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Proposed Rules 15647 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2012–0046] 

RIN 1625–AA08 

Special Local Regulation for Marine 

Events; Temporary Change of Dates 

for Recurring Marine Events in the 

Fifth Coast Guard District, Ocean City 

Maryland Offshore Grand Prix, Ocean 

City, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

temporarily change the enforcement 

period of special local regulations for 

one recurring marine event in the Fifth 

Coast Guard District, specifically, the 

‘‘Ocean City Maryland Offshore Grand 

Prix,’’ hydroplane races on the North 

Atlantic Ocean near Ocean City, 

Maryland. The event consists of 

approximately 50 V-hull and twin-hull 

inboard hydroplanes racing in heats 

counter-clockwise around an oval race 

course, this regulation is necessary to 

provide for the safety of life on 

navigable waters during the event. This 

action is intended to restrict vessel 

traffic in portions of the North Atlantic 

Ocean near Ocean City, Maryland 

during the event. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before April 5, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2012–0046 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. If you have questions 

on this temporary rule, call or email 

LCDR Christopher O’Neal, Waterways 

Management Division Chief, Sector 

Hampton Roads, Coast Guard; telephone 

757–668–5581, email 

Christopher.A.ONeal@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–2012–0046), 

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, type the 

docket number (USCG–2012–0046) in 

the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on ‘‘Submit a 

Comment’’ on the line associated with 

this rulemaking. 

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, type the 

docket number (USCG–2012–0046) in 

the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. 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. 

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. 

For information on facilities or 

services for individuals with disabilities 

or to request special assistance at the 

public meeting, contact LCDR 

Christopher O’Neal at the telephone 

number or email address indicated 

under the FOR FURTHER INFORMATION

CONTACT section of this notice. 

Basis and Purpose 

Marine events are frequently held on 

the navigable waters within the 

boundary of Fifth Coast Guard District. 

The water activities that typically 

comprise marine events include sailing 

regattas, power boat races, swim races 

and holiday parades. For a description 

of the geographical area of each Coast 

Guard Sector—Captain of the Port Zone, 

please see 33 CFR 3.25. 

This regulation proposes to 

temporarily change the enforcement 

period of special local regulations for 

one recurring marine event within Fifth 


tkelley on DSK3SPTVN1PROD with PROPOSALS
15648 Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Proposed Rules 

Coast Guard District. This proposed 

regulation applies to one marine event 

in 33 CFR 100.501, Table to § 100.501. 

The Offshore Performance 

Association (OPA) Racing LLC annually 

sponsors the ‘‘Ocean City Maryland 

Offshore Grand Prix’’, on the waters of 

the North Atlantic Ocean near Ocean 

City, Maryland. This year, the event will 

be held on May 13, 2012. The regulation 

at 33 CFR 100.501 is effective annually 

for Ocean City Offshore Challenge 

marine event. The event consists of 

approximately 50 V-hull and twin-hull 

inboard hydroplanes racing in heats 

counter-clockwise around an oval race 

course. A fleet of spectator vessels is 

expected to gather near the event site to 

view the competition. Therefore, to 

ensure the safety of participants, 

spectators, support and transiting 

vessels, the Coast Guard will 

temporarily restrict vessel traffic in the 

event area during the hydroplane races. 

The regulation at 33 CFR 100.501 would 

be enforced for the duration of the 

event. Under the provisions of 33 CFR 

100.501, from 11 a.m. to 5 p.m. on May 

13, 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 establishing a 

temporary special local regulation on 

specified waters of the North Atlantic 

Ocean, in Ocean City, Maryland. The 

regulated area will be established in the 

interest of public safety during the 

‘‘Ocean City Offshore Grand Prix’’, and 

will be enforced from 11 a.m. to 5 p.m. 

on May 13, 2012. The Coast Guard, at 

its discretion, when practical will allow 

the passage of vessels when races are 

not taking place. Except for participants 

and vessels authorized by the Captain of 

the Port or his Representative, no person 

or vessel may enter or remain in the 

regulated area. 

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 rulemaking is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation is 

unnecessary. Although this rule 

prevents traffic from transiting a portion 

of certain waterways during specified 

times, the effect of this regulation will 

not be significant due to the limited 

duration that the regulated area will be 

in effect and the extensive advance 

notifications that will be made to the 

maritime community via marine 

information broadcasts, local radio 

stations and area newspapers so 

mariners can adjust their plans 

accordingly. Additionally, this 

rulemaking does not change the 

permanent regulated areas that have 

been published in 33 CFR 100.501, 

Table to § 100.501. In some cases vessel 

traffic may be able to transit the 

regulated area when the Coast Guard 

Patrol Commander deems it is safe to do 

so. 

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 transit 

this section of the North Atlantic during 

the event. 

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. 

This regulation will not have a 

significant impact on a substantial 

number of small entities because: (i) It 

will be enforced only for a short period 

of time on two consecutive days; (ii) 

vessels may be granted the opportunity 

to transit the safety zone during the 

period of enforcement if the Patrol 

Commander deems it safe to do so; (iii) 

vessels may transit around the safety 

zone; and (iv) before the enforcement 

period, the Coast Guard will issue 

maritime advisories so mariners can 

adjust their plans accordingly. 

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 LCDR 

Christopher O’Neal. 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 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Proposed Rules 15649 

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 

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 rule is 

categorically excluded, under figure 2– 

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

This 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. The category of water 

activities includes but is not limited to 

sail boat regattas, boat parades, power 

boat racing, swimming events, crew 

racing, and sail board racing. 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. 

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. In § 100.501, suspend line No. 38 

in the Table to § 100.501. 

3. In § 100.501, add line No.(c.)24 in 

Table to § 100.501; to read as follows: 

§ 100.501–35T05–0046 Special Local 

Regulations; Marine Events in the Fifth 

Coast Guard District. 

* * * * * 

Table To § 100.501.—All coordinates 

listed in the Table to § 100.501 reference 

Datum NAD 1983. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
15650 Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Proposed Rules 

(C.) COAST GUARD SECTOR HAMPTON ROADS—COTP ZONE

Number Date Event Sponsor Location 

*******

24 ........ May 13, 2012 ........................ Ocean City Maryland Offshore Grand Prix.Offshore Performance Assn. 

Racing, LLC.

The waters of the Atlantic Ocean commencing at a point 

on the shoreline at latitude 38°25′42′′ N, longitude 

075°03′06′′ W; thence east southeast to latitude 

38°25′30′′ N, longitude 075°02′12′′ W, thence south 

southwest parallel to the Ocean City shoreline to latitude 

38°19′12′′ N, longitude 075°03′48′′ W; thence west 

northwest to the shoreline at latitude 38°19′30′′ N, longitude 075°05′00′′ W. The waters of the Atlantic Ocean 

bounded by a line drawn from a position along the 

shoreline near Ocean City, MD at latitude 38°22′25.2′′ N, 

longitude 075°03′49.4′′ W, thence easterly to latitude 

38°22′00.4′′ N, longitude 075°02′34.8′′ W, thence southwesterly to latitude 38°19′35.9′′ N, longitude 

075°03′35.4′′ W, thence westerly to a position near the 

shoreline at latitude 38°20′05′′ N, longitude 075°04′48.4′′ 

W, thence northerly along the shoreline to the point of 

origin. 

* * * * * 

Dated: February 17, 2012. 

Mark S. Ogle, 

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

Port Hampton Roads. 

[FR Doc. 2012–6380 Filed 3–15–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 60 

RIN 2900–AN79 

Fisher House and Other Temporary 

Lodging 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) proposes to amend its 

regulations concerning Fisher House 

and other temporary lodging furnished 

by VA while a veteran is experiencing 

an episode of care at a VA medical 

facility. We intend that the proposed 

rule would update current regulations to 

better describe the application process 

for this assistance and clarify the 

distinctions between Fisher House and 

other temporary lodging provided by 

VA. The proposed rule generally reflects 

current VA policy and practice, and 

conforms to industry standards and 

expectations. 

DATES: Comments must be received by 

VA on or before May 15, 2012. 

ADDRESSES: Written comments may be 

submitted through http:// 

www.regulations.gov; by mail or hand 

delivery to the Director, Regulation 

Policy and Management (02REG), 

Department of Veterans Affairs, 810 

Vermont Ave. NW., Room 1068, 

Washington, DC 20420; or by fax to 

(202) 273–9026. Comments should 

indicate that they are submitted in 

response to ‘‘RIN 2900–AN79, Fisher 

House and Other Temporary Lodging’’. 

Copies of comments received will be 

available for public inspection in the 

Office of Regulation Policy and 

Management, Room 1063B, between the 

hours of 8 a.m. and 4:30 p.m., Monday 

through Friday (except holidays). Please 

call (202) 461–4902 (this is not a tollfree number) for an appointment. In 

addition, during the comment period, 

comments may be viewed online 

through the Federal Docket Management 

System at http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Deborah Amdur, Chief Consultant, Care 

Management and Social Work Service 

(11SW), Veterans Health 

Administration, Department of Veterans 

Affairs, 810 Vermont Avenue NW., 

Washington, DC 20420, (202) 461–6780. 

(This is not a toll free number). 

SUPPLEMENTARY INFORMATION: Under the 

provisions of 38 U.S.C. 1708, VA ‘‘may 

furnish [certain] persons * * * with 

temporary lodging in a Fisher [H]ouse or 

other appropriate facility in connection 

with the examination, treatment, or care 

of a veteran under [chapter 17].’’ This 

authority to provide temporary lodging 

assists VA in providing appropriate 

treatment and care to veterans. 

Individuals receiving such treatment or 

care often respond better when they are 

accompanied by relatives, close friends, 

or caregivers. Thus, the provision of 

temporary lodging can be an important 

element of the veteran’s treatment. VA 

implemented its authority under section 

1708 in current 38 CFR part 60. 

However, we have determined that the 

current rules can be improved to better 

distinguish between Fisher House and 

other types of temporary lodging, and to 

describe the application process in 

greater detail. This proposed rule would 

provide such clarification, adding 

details where necessary. 

Section 60.1 Purpose and scope. 

Proposed § 60.1 would state that part 

60 applies to the use of Fisher House 

and other temporary lodging furnished 

by VA while a veteran is experiencing 

an episode of care at a VA health care 

facility. 

Section 60.2 Definitions. 

Proposed § 60.2 would set forth 

definitions applicable to part 60. For the 

purpose of receiving temporary lodging 

from VA, current regulations use the 

terms ‘‘eligible persons,’’ ‘‘a member of 

the family,’’ people who ‘‘provide the 

equivalent of family support,’’ and 

‘‘caregivers,’’ to refer to individuals 

permitted to accompany veterans during 

their episode of care. However, VA 

Form 10–0408A, the application form 

for Fisher House or other temporary 

lodging, uses the term ‘‘accompanying 

individual’’ to refer to such persons. For 

consistency of terms and to eliminate 

any ambiguity as to whether applicants 

must be related to the veteran, we 

propose to uniformly use the term 

‘‘accompanying individual.’’ We 

propose to define the term to mean ‘‘an 

individual seeking Fisher House or 

other temporary lodging, who provides 

familial support or the equivalent of 

familial support, to a veteran while the 

veteran is experiencing an episode of 

care.’’ The regulation would specifically 

explain that the term is ‘‘defined 

broadly to include relatives, close 

friends, and caregivers.’’ This proposed 

definition would therefore provide for a 

broader class of individuals permitted to 

accompany veterans during an episode 

of care. 

Current § 60.2 defines the term ‘‘C&P 

examination.’’ C&P is the acronym 


tkelley on DSK3SPTVN1PROD with PROPOSALS