16974 Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Proposed Rules 

Federal Food, Drug, and Cosmetic Act 

(the FD&C Act), added by section 

901(d)(3)(A) of the Food and Drug 

Administration Amendments Act of 

2007 (Pub. L. 110–85) (FDAAA). This 

section requires that the major statement 

in DTC television or radio 

advertisements relating to the side 

effects and contraindications of an 

advertised prescription drug intended 

for use by humans be presented in a 

clear, conspicuous, and neutral manner, 

and directs FDA to publish regulations 

establishing the standards for 

determining whether a major statement 

meets these requirements. As directed 

by section 901(d)(3)(B) of FDAAA, the 

proposed rule described standards that 

the Agency would consider in 

determining whether the major 

statement is clear, conspicuous, and 

neutral, and it provided a 90-day period 

for public comment, which closed on 

June 28, 2010. 

On January 27, 2012 (77 FR 4273), 

FDA reopened the comment period on 

this rulemaking until February 27, 2012, 

to allow an opportunity for interested 

parties to comment on FDA’s analyses 

of the results of its study (see 

attachment in Docket No. FDA–2009– 

N–0582–0040) on the impact of 

distraction on consumer understanding 

of risk and benefit information in DTC 

prescription drug television 

advertisements (72 FR 47051, August 

22, 2007) (Distraction Study) as it relates 

to the proposed standards. The 

Pharmaceutical Research and 

Manufacturers of America (PhRMA) 

submitted a letter dated February 20, 

2012, requesting an additional 15 days 

for interested persons to comment. FDA 

believes that an additional 15 days to 

comment on the Distraction Study as it 

relates to the proposed standards is 

appropriate. 

II. Comments 

Interested persons may submit to the 

Division of Dockets Management (see 

ADDRESSES) either electronic or written 

comments regarding the Distraction 

Study as it relates to the proposed 

standards. It is only necessary to send 

one set of comments. Identify comments 

with the docket number found in 

brackets in the heading of this 

document and label them ‘‘ATTN: 

Distraction Study.’’ The data and 

received comments may be seen in the 

Division of Dockets Management 

between 9 a.m. and 4 p.m., Monday 

through Friday. 

Dated: March 16, 2012. 

Leslie Kux, 

Acting Assistant Commissioner for Policy. 

[FR Doc. 2012–6948 Filed 3–22–12; 8:45 am] 

BILLING CODE 4160–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 100 

[Docket No. USCG–2012–0073] 

RIN 1625–AA08 

Special Local Regulations; Ocean 

State Tall Ships Festival 2012, 

Narragansett Bay, RI 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish temporary special local 

regulations on the navigable waters of 

Narragansett Bay and Newport Harbor, 

Rhode Island, for the Ocean State Tall 

Ships Festival 2012. This action is 

necessary to provide for the safety of life 

and property on the navigable waters of 

Narragansett Bay and Newport Harbor, 

Rhode Island, during the Ocean State 

Tall Ships Festival on July 6–9, 2012. 

These temporary special local 

regulations would restrict vessel traffic 

in portions of Narragansett Bay and 

Newport Harbor, Rhode Island, unless 

authorized by the Captain of the Port 

(COTP) Sector Southeastern New 

England. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before May 22, 2012. Requests for 

public meetings must be received by the 

Coast Guard on or before April 13, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2012–0073 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail or Delivery: 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. Deliveries 

accepted between 9 a.m. and 5 p.m., 

Monday through Friday, except federal 

holidays. The telephone number is 202– 

366–9329. See the ‘‘Public Participation 

and Request for Comments’’ portion of 

the SUPPLEMENTARY INFORMATION section 

below for further instructions on 

submitting comments. To avoid 

duplication, please use only one of 

these three methods. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or email Mr. Edward G. 

LeBlanc, Waterways Management 

Division at Coast Guard Sector 

Southeastern New England, telephone 

401–435–2351, email 

Edward.G.LeBlanc@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–2012–0073), 

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 http:// 

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–2012–0073 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 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Proposed Rules 16975 

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 proposed 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–2012–0073 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. 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 April 13, 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 legal basis for this proposed rule 

is 33 U.S.C. 1233, which authorizes the 

Coast Guard to define Special Local 

Regulations. 

These temporary special local 

regulations are necessary to ensure the 

safety of vessels and spectators from 

hazards associated with the Ocean State 

Tall Ships Festival 2012. 

Discussion of Proposed Rule 

Newport, Rhode Island, will host the 

Ocean State Tall Ships Festival 2012 

from July 6–9, 2012. This visit of Class 

A, B, and C sailing vessels is part of a 

recurring series of sail training races, 

rallies, cruises, and port festivals 

organized by Tall Ships America in 

conjunction with host ports in the 

United States and Canada. The Ocean 

State Tall Ships Festival 2012, including 

a Parade of Sail, is akin to similar events 

held several times in the past in 

Newport, Rhode Island, the most recent 

being in 2007. 

The Tall Ships visit to Newport, 

which will occur from July 6–9, 2012, 

will include a Parade of Sail on July 9, 

2012. About 20 Class A, B, and C vessels 

are expected to participate in the Parade 

of Sail. These temporary special local 

regulations will provide for the safety of 

life and protection of property on the 

navigable waters of Narragansett Bay 

and Newport Harbor, Rhode Island, by 

providing for the organized viewing of 

Tall Ships at their assigned berths 

during the festival and by preventing 

the large number of spectator vessels 

from interfering with the organized and 

controlled Parade of Sail. There may be 

vessels participating in the event from 

several foreign countries and the high 

visibility of this event warrants that 

temporary special local regulations be 

established to ensure the safety of 

vessels and spectators from hazards 

associated with the Ocean State Tall 

Ships Festival 2012. 

The participating vessels will berth at 

assigned facilities in Newport, Rhode 

Island, from July 5–9 2012. The festival 

begins on July 6, 2012, when visitors 

will be permitted to get a relatively 

close view of the Tall Ships from 

recreational vessels in Newport Harbor, 

and also to board the berthed vessels 

from shore. On the morning of July 9, 

2012, the Tall Ships will depart 

Newport Harbor and transit up the East 

Passage, Narragansett Bay, to a turning 

point just north of Gould Island. The 

vessels will then transit back down the 

East Passage, exit Narragansett Bay, and 

head for sea. 

The Coast Guard believes that vessel 

congestion due to the large number of 

participating and spectator vessels may 

pose a significant hazard to navigation. 

To reduce the risk associated with 

congested waterways the Coast Guard is 

proposing to establish regulated areas to 

restrict vessel movement around the 

location of the participating Tall Ships 

while berthed at Newport, Rhode Island, 

and also while participating in the 

Parade of Sail in Narragansett Bay. 

These temporary special local 

regulations would be in effect at various 

times in Narragansett Bay beginning on 

July 6, 2012 through July 9, 2012. 

Area ‘‘Newport Harbor’’: This Area 

would include all waters of Newport 

Harbor within an area bounded by 

Aquidneck Island to the east and south, 

by the Goat Island Causeway to the 

north, and by a line extending from the 

southernmost tip of Goat Island due 

south to Aquidneck Island. This area is 

needed to protect the maritime public 

and participating vessels from hazards 

to navigation associated with numerous 

spectator craft approaching participating 

Tall Ships berthed at various facilities 

in the Newport area for the Ocean State 

Tall Ships Festival 2012. 

Area ‘‘Potter Cove’’: In connection 

with the Parade of Sail on July 9, 2012, 

this area would be of the same 

coordinates of the existing Anchorage A 

in the East Passage, Narragansett Bay, 

that lies north of the Claiborne Pell/ 

Newport Bridge. This area would be 

used as a spectator anchoring area 

limited to excursion and passenger-forhire vessels greater than 50 feet in 

length carrying passengers for the 

viewing of the Parade of Sail. 

Vessels other than excursion and 

passenger-for-hire vessels greater than 

50 feet in length would not be permitted 

to anchor and would be required to 

transit at reduced speeds staying at least 

20 yards away from any vessels 

authorized to anchor or otherwise 

remain within Area Potter Cove. 

Area ‘‘Parade of Sail’’ 

The Coast Guard proposes to establish 

an area to ensure the safety of spectator 

vessels and participating Tall Ships 

during the Ocean State Tall Ships 

Festival 2012 Parade of Sail on July 9, 

2012. 

This proposed Area includes all 

waters of the East Passage, Narragansett 

Bay, Rhode Island. 

This area would be enforced only 

during the actual Parade of Sail. This 

area is designed to enhance navigation 

safety by facilitating the organized and 

controlled transit of participating 

vessels through the parade route and 

minimizing the impact on the maritime 

community. 

Notice of these special local 

regulations would be provided prior to 

the event through the Local Notice to 

Mariners and Broadcast Notice to 

Mariners. In addition, the sponsoring 

organization, Ocean State Tall Ships, 

Inc., is planning to publish information 

of the event in local newspapers, 

pamphlets, Internet sites, television, and 

radio broadcasts. 

The specific geographic locations of 

regulated areas and specific 

requirements of this rule are contained 

in the regulatory text. 

Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
16976 Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Proposed Rules 

Below we summarize our analyses 

based on 14 of these statutes or 

executive orders. 

Executive Order 12866 and Executive 

Order 13563 

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 minimal. These 

proposed regulations involve only the 

southern portion of Narragansett Bay 

and would close the East Passage to 

commercial traffic only for several hours 

during the actual Parade of Sail on July 

9, 2012. The West Passage would 

remain open to vessel traffic at all times. 

The impact of these proposed 

regulations will not be significant 

because the majority of these proposed 

regulations would be in effect for only 

a portion of one day centered on the 

Parade of Sail, and most vessel traffic 

can pass safely around affected areas of 

the East Passage by transiting through 

the West Passage, Narragansett Bay. 

Notice of these special local 

regulations would be provided prior to 

the event through the Local Notice to 

Mariners and Broadcast Notice to 

Mariners. In addition, the sponsoring 

organization, Ocean State Tall Ships, 

Inc., is planning to publish information 

of the event in local newspapers, 

pamphlets, Internet sites, television, and 

radio broadcasts. 

Mariners will be able to adjust their 

plans accordingly based on the 

extensive advance information. 

Moreover, the Areas created by these 

special local regulations have been 

narrowly tailored to impose the least 

impact on maritime interests yet 

provide the level of safety and 

protection deemed necessary. 

Small Entities 

Under the Regulatory Flexibility Act 

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

the impact of this proposed rule on 

small entities. The term ‘‘small entities’’ 

comprises small businesses, not-forprofit 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 will not 

have a significant economic impact on 

a substantial number of small entities. 

This proposed rule may affect the 

following entities, some of which might 

be small entities: the owners or 

operators of vessels intending to transit 

or anchor in a portion of Narragansett 

Bay between July 6 and July 9, 2012, 

particularly during the Parade of Sail on 

July 9, 2012, when the navigation 

channel in the East Passage, 

Narragansett Bay, is closed for a period 

of time to all traffic except vessels 

participating in the Parade of Sail. 

These proposed regulations would not 

have a significant economic impact on 

a substantial number of small entities 

for the following reasons: the 

regulations affecting navigation in the 

East Passage, Narragansett Bay, would 

be in effect temporarily, and only for 

those periods of time necessary for the 

safety of the Ocean State Tall Ships 

Festival 2012 participants and 

spectators in boats viewing the Parade 

of Sail from waters adjacent to the 

parade route. The East Passage would 

remain open to all vessel traffic for the 

entire Festival from July 6–8, 2012, and 

would only be closed to vessel traffic for 

several hours during the Parade of Sail 

on July 9, 2012. While the East Passage 

is closed, the West Passage would 

remain open and is capable of being 

used by all recreational and most 

commercial vessels. 

Notice of these special local 

regulations would be provided prior to 

the event by Local Notice to Mariners 

and Broadcast Notice to Mariners. In 

addition, the sponsoring organization, 

Ocean State Tall Ships, Inc., is planning 

to publish information of the event in 

local newspapers, pamphlets, Internet 

sites, television, and radio broadcasts. 

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 proposed rule would affect your 

small business, organization, or 

governmental jurisdiction and you have 

questions concerning its provisions or 

options for compliance, please contact 

the person listed under FOR FURTHER

INFORMATION CONTACT. 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 calls for no new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

Federalism 

A proposed 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 will not result in such 

expenditure, we do discuss the effects of 

this proposed rule elsewhere in this 

preamble. 

Taking of Private Property 

This proposed rule will 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 proposed rule is not an 

economically significant rule and does 

not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Proposed Rules 16977 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it does not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

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 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. It appears that this 

proposed rule will qualify for Coast 

Guard categorical exclusion (34)(h), as 

described in figure 2–1 of the 

Instruction. This proposed rule 

establishes temporary special local 

regulations. 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. Add § 100.35T01–0073 to read as 

follows: 

§ 100.35T01–0073 Special Local 

Regulations; Ocean State Tall Ships 2012, 

Narragansett Bay and Newport Harbor, 

Rhode Island. 

(a) Regulated Areas: 

(1) Area Newport Harbor: All waters 

of Newport Harbor within an area 

bounded by Aquidneck Island to the 

east and south; by the Goat Island 

Causeway to the north; and by a line 

extending from the southernmost tip of 

Goat Island due south to Aquidneck 

Island. 

(2) Area Potter Cove: This Area is of 

the same coordinates as that portion of 

charted Anchorage A, as defined in 

paragraph § 110.145(a)(1) of this 

chapter, that lies north of the Claiborne 

Pell/Newport Bridge. 

(3) Area Parade of Sail: Includes all 

waters of the East Passage, Narragansett 

Bay, Rhode Island, within the following 

boundaries: Beginning at position 

41°27′19′′ N, 71°23′08′′ W, then 

northward to position 41°28′18′′ N, 

71°22′14′′ W, (Lighted Gong Buoy ‘‘7’’ 

(LLNR 17800)) then to position 

41°28′38′′ N, 71°21′15′′ W, (Lighted 

Gong Buoy ‘‘9’’ (LLNR 17805)) then to 

position 41°29′00′′ N, 71°21′00′′ W, 

(Lighted Bell Buoy ‘‘11’’ (LLNR 17810)) 

then to position 41°29′33′′ N, 71°21′04′′ 

W, then to position 41°30′19′′ N, 

71°21′04′′ W below the Claiborne Pell/ 

Newport Bridge, then to position 

41°31′07′′ N, 71°21′17′′ W, then to 

position 41°31′49′′ N, 71°21′26′′ W, then 

to position 41°32′30′′ N, 71°21′22′′ W, 

then to position 41°33′00′′ N, 71°21′17′′ 

W, then to position 41°33′38′′ N, 

71°21′00′′ W, (U.S. Navy Buoy ‘‘E’’ 

(LLNR 18035)) then to position 

41°33′52′′ N, 71°20′27′′ W, (U.S. Navy 

Buoy ‘‘F’’ (LLNR 18040)) then to 

position 41°33′48′′ N, 71°19′55′′ W, (the 

charted Halfway Rock). Area Parade of 

Sail will continue southward to position 

41°33′14′′ N, 71°19′12.5′′ W, then to 

position 41°32′28′′ N, 71°19′30.6′′ W, 

then to position 41°31′55′′ N, 

71°19′42.7′′ W, then to position 

41°31′00′′ N, 71°20′04′′ W, (Lighted Bell 

Buoy ‘‘14’’ (LLNR 17940)) then to 

position 41°30′28′′ N, 71°20′21′′ W, then 

to position 41°30′12′′, 71°20′30′′ W 

below the Claiborne Pell/Newport 

Bridge, then to position 41°29′34′′ N, 

71°20′11′′ W, (Mitchell Rock Gong Buoy 

‘‘3’’ (LLNR 17865)), then to position 

41°28′55′′ N, 71°20′19′′ W, then to 

position 41°27′55′′ N, 71°21′43′′ W, then 

to position 41°27′27′′ N, 71°21′57′′ W, 

(Bell Buoy ‘‘6’’ (LLNR 17790)), then to 

position 41°26′57′′ N, 71°21′57′′ W, then 

returning to the starting point at 

41°27′19′′ N, 71°23′08′′ W. All 

coordinates are NAD 1983. 

(b) Special Local Regulations. 

(1) Definitions. 

(i) As used in this section, designated 

representative means a Coast Guard 

Patrol Commander, including a Coast 

Guard coxswain, petty officer, or other 

officer operating a Coast Guard vessel 

and a Federal, State, or local officer 

designated by the Captain of the Port 

(COTP). 

(ii) Excursion vessel, as used in this 

section, refers to any vessel granted an 

excursion permit as such term is 

defined in 46 CFR 2.01–45. 

(iii) Vessel carrying passengers-forhire, as used in this section, refers to, 

but is not limited to, vessels subject to 

regulation under Subchapters H, K, and 

T of Title 46 of the Code of Federal 

Regulations. 

(2) In accordance with the general 

regulations in section 100.35 of this 

part, entering into, transiting through, 

anchoring or remaining within the 

regulated areas is prohibited unless 

designated for vessels of that size or 

entry is authorized by the Captain of the 

Port (COTP) Southeastern New England 

or designated representative. 

(3) All persons and vessels are 

authorized by the COTP Southeastern 

New England to enter areas of these 

special location regulations in 

accordance with the following 

restrictions: 

(i) Area Newport Harbor: Vessels 

transiting this Area must do so at a 

speed of at least three (3) knots or at no 

wake speed, whichever is more, while 

not exceeding six (6) knots. Vessels 

must not maneuver within 20 yards of 

a moored Tall Ship. Vessels must transit 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
16978 Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Proposed Rules 

this Area in a counterclockwise 

direction, entering Newport Harbor from 

the west, then proceeding north along 

the eastern side of the harbor to a 

turning point south of the Goat Island 

causeway in approximate position 

41°29′28′′ N and 71°19′40′′ N, then 

proceeding south along the western side 

of Newport Harbor to the exit of the 

Area. 

Vessels proceeding under sail will not 

be allowed in Area Newport Harbor 

unless also propelled by machinery, due 

to increased difficulty in maintaining 

required speed of advance while sailing 

as well as limited maneuvering ability 

to proceed in a single file behind 

numerous other spectator craft viewing 

the moored Tall Ships. 

(ii) Area Potter Cove: This area is a 

spectator anchoring area limited to 

excursion and passenger-for-hire vessels 

greater than 50 feet in length carrying 

passengers for the viewing of the Parade 

of Sail. Vessels transiting this Area must 

do so at a speed of at least three (3) 

knots or at no wake speed, whichever is 

more, while not exceeding six (6) knots. 

Vessels transiting this Area must not 

maneuver within 20 yards of any vessel 

lawfully anchored within this area for 

the viewing of the Parade of Sail. 

(iii) Area Parade of Sail: This will be 

closed to all vessel traffic, except those 

vessels designated as participants. 

(4) All persons and vessels shall 

comply with the instructions of the 

COTP Southeastern New England or 

designated representative. Upon being 

hailed by a U.S. Coast Guard vessel by 

siren, radio, flashing lights, or other 

means the operator of a vessel shall 

proceed as directed. 

(5) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated areas must 

contact the COTP Southeastern New 

England by telephone at 508–457–3211, 

or designated representatives via VHF 

radio on channel 16, to request 

authorization. If authorization to enter, 

transit through, anchor in, or remain 

within the regulated areas is granted by 

the COTP Southeastern New England or 

designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the COTP Southeastern New England or 

designated representative. 

(6) The Coast Guard will provide 

notice of the regulated areas prior to the 

event through the Local Notice to 

Mariners and Broadcast Notice to 

Mariners. Notice will also be provided 

by on-scene designated representatives. 

(c) Enforcement Period: This section 

will be enforced during the following 

times. 

(1) Area Newport Harbor, from 6 a.m. 

on July 6, 2012, to noon on July 9, 2012. 

(2) Area Potter Cove, from 9 a.m. to 

4 p.m. on July 9, 2012. 

(3) Area Parade of Sail, from 9 a.m. to 

4 p.m. on July 9, 2012. 

Dated: February 29, 2012. 

Verne B. Gifford, Jr., 

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

Port, Southeastern New England. 

[FR Doc. 2012–6986 Filed 3–22–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2012–0004] 

RIN 1625–AA08 

Special Local Regulation; Macy’s 

Fourth of July Fireworks Display 

Spectator Viewing Areas; Hudson 

River; New York, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary special local 

regulation (SLR) on the navigable waters 

of the Hudson River in the vicinity of 

New York, NY for the Macy’s Fourth of 

July Fireworks Display. The temporary 

SLR is intended to restrict certain 

vessels from portions of the Hudson 

River before, during, and immediately 

after the fireworks event. This 

regulation is necessary to provide for 

the safety of life on the navigable waters 

by controlling vessel movement and to 

establish public viewing areas for the 

fireworks event. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before May 7, 2012. Requests for 

public meetings must be received by the 

Coast Guard on or before April 13, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2012–0004 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 Ensign Kimberly 

Farnsworth, Coast Guard; telephone 

(718) 354–4163, email 

Kimberly.A.Farnsworth@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–2012–0004), 

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–2012–0004) in 

the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on ‘‘Submit a 

Comment’’ on the line associated with 

this rulemaking. 


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