Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Proposed Rules 19957 

(b) Definitions: (1) Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard who has been designated 

by the Commander, Coast Guard Sector 

North Carolina. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector North Carolina with 

a commissioned, warrant, or petty 

officer on board and displaying a Coast 

Guard ensign. 

(3) Participant means all vessels 

participating in the ‘‘The Crossing’’ 

swim event under the auspices of the 

Marine Event Permit issued to the event 

sponsor and approved by Commander, 

Coast Guard Sector North Carolina. 

(4) Spectator means all persons and 

vessels not registered with the event 

sponsor as participants or official patrol. 

(c) Special local regulations: (1) The 

Coast Guard Patrol Commander will 

control the movement of all vessels in 

the vicinity of the regulated area. When 

hailed or signaled by an official patrol 

vessel, a vessel approaching the 

regulated area shall immediately 

comply with the directions given. 

Failure to do so may result in 

termination of voyage and citation for 

failure to comply. 

(2) The Coast Guard Patrol 

Commander may terminate the event, or 

the operation of any support vessel 

participating in the event, at any time it 

is deemed necessary for the protection 

of life or property. The Coast Guard may 

be assisted in the patrol and 

enforcement of the regulated area by 

other Federal, State, and local agencies. 

(3) Vessel traffic, not involved with 

the event, may be allowed to transit the 

regulated area with the permission of 

the Patrol Commander. Vessels that 

desire passage through the regulated 

area shall contact the Coast Guard Patrol 

Commander on VHF–FM marine band 

radio for direction. Only participants 

and official patrol vessels are allowed to 

enter the regulated area. 

(4) All Coast Guard vessels enforcing 

the regulated area can be contacted on 

marine band radio VHF–FM channel 16 

(156.8 MHz) and channel 22 (157.1 

MHz). The Coast Guard will issue 

marine information broadcast on VHF– 

FM marine band radio announcing 

specific event date and times. 

(d) Enforcement period: This section 

will be enforced from 7:30 a.m. to 12 

p.m. on August 11, 2012. 

Dated: March 21, 2012. 

A. Popiel, 

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

Port North Carolina. 

[FR Doc. 2012–7962 Filed 4–2–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 100, 110, and 165 

[Docket No. USCG–2012–0174] 

RIN 1625–AA00, AA01, AA08, AA11, AA87 

OPSAIL 2012 Virginia, Port of Hampton 

Roads, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes 

establishing temporary regulations in 

the Port of Hampton Roads, Virginia for 

Operation Sail (OPSAIL) 2012 Virginia 

activities. This regulation is necessary to 

provide for the safety of life on 

navigable waters before, during, and 

after OPSAIL 2012 Virginia events. This 

action is intended to restrict vessel 

traffic movement in portions of 

Chesapeake Bay, Hampton Roads, the 

James River and Elizabeth River. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before May 3, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2012–0174 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 Dennis Sens, 

Prevention Division, Fifth Coast Guard 

District; telephone 757–398–6204, email 

Dennis.M.Sens@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–2012–0174), 

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–2012–0174) 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–2012–0174) in 

the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 


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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 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 

Operation Sail, Inc. is sponsoring 

OPSAIL 2012 Virginia in the Port of 

Hampton Roads. Planned events include 

the scheduled arrival of U.S. and foreign 

naval vessels, public vessels, tall ships 

and other vessels on June 6, 2012 and 

June 8, 2012; the scheduled departure of 

those vessels on June 12, 2012; and 

three fireworks displays on June 9, 2012 

with a rain date of June 10, 2012. 

The Coast Guard anticipates a large 

spectator fleet for these events. Vessel 

operators should expect significant 

congestion along the OPSAIL parade 

route and viewing areas for fireworks 

displays. 

The purpose of these regulations is to 

promote maritime safety and protect 

participants and the boating public in 

the Port of Hampton Roads immediately 

prior to, during, and after the scheduled 

events. The regulations provide clear 

passage and a safety buffer around 

participating vessels along the parade 

route while they are in transit, 

enhancing safety of participant and 

spectator vessels. The regulations also 

establish areas where vessels shall 

proceed at the minimum speed 

necessary that minimizes wake along 

the parade route and modifies existing 

anchorage regulations for the benefit of 

participants and spectators. These 

proposed regulations will provide a 

safety buffer around the planned 

fireworks displays. The regulations will 

impact the movement of all vessels 

operating in the specified areas of the 

Port of Hampton Roads. 

The Coast Guard proposes to establish 

safety and security zones as a part of 

these regulations to safeguard 

dignitaries and certain vessels 

participating in the event. The Coast 

Guard will implement and enforce 

safety zones as specified in this 

regulation. The details of the safety 

zones outlined in this regulation will 

also be announced separately via Local 

Notice to Mariners, Safety Voice 

Broadcasts, and by other public media 

outlets. 

Vessel operators are also reminded 

that Norfolk Naval Base will be strictly 

enforcing the existing restricted area 

defined at 33 CFR 334.300 during all of 

the events. 

All vessel operators and passengers 

are reminded that vessels carrying 

passengers for hire or that have been 

chartered and are carrying passengers 

may have to comply with certain 

additional rules and regulations beyond 

the safety equipment requirements for 

all pleasure craft. When a vessel is not 

being used exclusively for pleasure, but 

rather is engaged in carrying passengers 

for hire or has been chartered and is 

carrying the requisite number of 

passengers, the vessel operator must 

possess an appropriate license and the 

vessel may be subject to inspection. The 

definition of the term ‘‘passenger for 

hire’’ is found in 46 U.S.C. 2101(21a). In 

general, it means any passenger who has 

contributed any consideration 

(monetary or otherwise) either directly 

or indirectly for carriage onboard the 

vessel. The definition of the term 

‘‘passenger’’ is found in 46 U.S.C. 

2101(21). It varies depending on the 

type of vessel, but generally means 

individuals carried aboard vessels 

except for certain specified individuals 

engaged in the operation of the vessel or 

the business of the owner/charterer. The 

law provides for substantial penalties 

for any violation of applicable license 

and inspection requirements. If you 

have any questions concerning the 

application of the above law to your 

particular case, you should contact the 

Coast Guard at the address listed in 

ADDRESSES for additional information. 

Vessel operators are reminded they 

must have sufficient facilities on board 

their vessels to retain all garbage and 

untreated sewage. Discharge of either 

into any waters of the United States is 

strictly forbidden. Violators may be 

assessed civil penalties up to $40,000 or 

face criminal prosecution. 

We recommend that vessel operators 

visiting the Port of Hampton Roads for 

this event obtain up to date editions of 

the following charts of the area: NOS. 

12222, 12245, 12253, and 12254 to 

avoid anchoring within a charted cable 

or pipeline area. 

With the arrival of OPSAIL 2012 

Virginia participants and spectator 

vessels in the Port of Hampton Roads for 

this event, it will be necessary to curtail 

normal port operations to some extent. 

Interference will be kept to the 

minimum considered necessary to 

ensure the safety of life on the navigable 

waters immediately before, during, and 

after the scheduled events. 

Discussion of Proposed Rule 

The vessels involved in the Parades of 

Sail are scheduled to arrive in the 

Captain of the Port (COTP) Hampton 

Roads Zone, as described in 33 CFR 

3.25–10, on June 6, 2012 and June 8, 

2012, following a route that includes 

specified waters of the Chesapeake Bay, 

Hampton Roads, James River, and 

Elizabeth River. The vessels involved in 

Parades of Sail are scheduled to depart 

the COTP Hampton Roads Zone on June 

12, 2012, following a route that includes 

specified waters of the Chesapeake Bay, 

Hampton Roads, James River and 

Elizabeth River 

The safety of marine parade 

participants and spectators will require 

that spectator craft be kept at a safe 

distance from the parade routes during 

vessel movement. The Coast Guard 

proposes closing the arrival parade 

route to all vessels not involved in the 

Parades of Sail for the duration of events 

on June 6 and 8, 2012. The arrival 

parade route has been segmented in this 

rulemaking to facilitate the earliest 

possible reopening of the waterway 

once all OPSAIL 2012 Virginia vessels 

have cleared a particular segment of the 

route, but portions of the Elizabeth 

River will remain closed until all of the 

OPSAIL 2012 Virginia vessels are safely 

moored at their assigned berths. 

The departure parade route will also 

require that spectator craft be kept at a 

safe distance during vessel movement, 

we propose to establish a temporary 

moving safety zone around Parade of 

Sail vessels greater than 100 feet in 

length overall, while operating in the 

navigable waters of the Chesapeake Bay 

or its tributaries, north of latitude 

36°55′00′′ N and south of the VirginiaMaryland border. This action is 

necessary to ensure the safety of 

participants and spectators immediately 

prior to, during, and following the 

OPSAIL 2012 activities. 


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In addition to closing the parade 

route, we propose to establish Vessel 

Traffic Control Points to control the 

flow of spectator vessel traffic 

immediately prior to and during the 

parades and fireworks display. Vessel 

Traffic Control Points will be 

established on specified areas of the 

Chesapeake Bay, Hampton Roads, James 

River and Elizabeth River. 

The Coast Guard also intends to 

temporarily modify the existing 

anchorage regulations found at 33 CFR 

Sec. 110.168 to accommodate OPSAIL 

2012 Virginia participants and spectator 

vessels. Spectator vessels will be 

allowed to anchor in Anchorage E and 

Anchorage F during the arrival and 

departure parades of sail. Anchorage K 

will be closed to all vessels, except large 

spectator vessels. 

The regulations for the Regulated 

Navigation Area defined in 33 CFR 

165.501 will also be temporarily 

modified for the OPSAIL 2012 Virginia 

event. Draft limitations for vessels using 

Thimble Shoal Channel will be waived 

for OPSAIL 2012 Virginia vessels; and 

vessels will be required to proceed at 

the minimum speed necessary that 

minimizes wake within the regulated 

navigation area, as defined in 33 CFR 

165.501, during the Parades of Sail. 

Coast Guard Captain of the Port will 

give notice of the enforcement of each 

regulated area and safety zone by all 

appropriate means to provide the widest 

dissemination of notice among the 

affected segments of the public. This 

will include publication in the Local 

Notice to Mariners and Marine 

Information Broadcasts. Marine 

information and facsimile broadcasts 

may also be made for these events, 

beginning 24 to 48 hours before the 

event. 

Due to the need to protect mariners 

and spectators from the hazards 

associated with the fireworks display, 

such as the accidental discharge of 

fireworks, dangerous projectiles, and 

falling hot embers or other debris, the 

Coast Guard also intends to implement 

a safety zone from 9 p.m. to 11 p.m. on 

June 9, 2012 with a rain date from 9 

p.m. to 11 p.m. on June 10, 2012. 

The regulations contained within this 

proposed rule are not intended to affect 

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 14 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This proposed rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, 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. The primary impact of these 

regulations will be on vessels wishing to 

transit the affected waterways during 

OPSAIL 2012 Virginia vessels arrival 

beginning on June 6, 2012, June 8, 2012, 

their departure ending on June 12, 2012 

and during the fireworks display on 

June 9, 2012. Although these regulations 

prevent traffic from transiting a portion 

of the Chesapeake Bay, Thimble Shoals 

Channel, Hampton Roads, James River 

and Elizabeth River during these events, 

that restriction is limited in duration, 

affects only a limited area, and will be 

well publicized to allow mariners to 

make alternative plans for transiting the 

affected area. Moreover, the magnitude 

of the event itself will limit or prevent 

transit of the waterway. These 

regulations are designed to ensure such 

transit is conducted in a safe and 

orderly fashion. 

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 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 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 Chesapeake Bay, 

Thimble Shoals Channel, Hampton 

Roads, James River and Elizabeth River, 

in Virginia. 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. 

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 Dennis Sens, 

Prevention Division, Fifth Coast Guard 

District; telephone 757–398–6204, email 

Dennis.M.Sens@uscg.mil. 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 proposed rule under that 

Order and determined that this rule 

does not have implications for 

federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

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

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

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

more in any one year. Though this 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This proposed rule would not cause a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 


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19960 Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Proposed Rules 

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 proposed 

rule would temporarily change who can 

use various anchorages, establish 

temporary safety and security zones, 

and establish temporary special local 

regulations in conjunction with a 

marine event of national significance. 

These activities are categorically 

excluded from further environmental 

analysis under figure 2–1, paragraphs 

(34)(f), (g), and (h) of the Instruction. We 

seek any comments or information that 

may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 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 110 

Anchorage grounds. 

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, 110, 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 a temporary § 100.35T–05– 

0174 to read as follows: 

§ 100.35T–05–0174 Special Local 

Regulations; OPSAIL 2012 Virginia, Port of 

Hamptons, VA. 

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

Representative means any U.S. Coast 

Guard commissioned, warrant or petty 

officer who has been authorized by the 

Captain of the Port, Hampton Roads, 

Virginia to act on their behalf. 

(2) Official Patrol Vessel includes all 

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

or local law enforcement vessels 

assigned and/or approved by the 

Captain of the Port, Hampton Roads, 

Virginia. 

(3) Parades of Sail Vessel include all 

vessels participating in OPSAIL 2012 

Virginia under the auspices of the U.S. 

Department of Homeland Security 

Application for Marine Event, Form 

CG–4423, for OPSAIL 2012 Virginia 

activities in the Port of Hampton Roads, 

Virginia approved by the Captain of the 

Port, Hampton Roads. 

(4) Parade of Sail arrivals is the 

movement of Parades of Sail vessels in 

orderly succession as they navigate 

designated routes in the Port of 

Hampton Roads, Virginia while inbound 

to the Port of Hampton Roads, Virginia 

on June 6, 2012 and June 8, 2012. 

(5) Parade of Sail departure is the 

movement of Parades of Sail vessels in 

orderly succession as they navigate 

designated departure routes from the 

Port of Hampton Roads, Virginia to 

Baltimore, Maryland on June 12, 2012. 

(6) Spectator Vessel includes any 

vessel, commercial or recreational, 

being used for pleasure or carrying 

passenger that is in the Port of Hampton 

Roads to observe part or all of the 

OPSAIL 2012 Virginia events. 

(7) Large Spectator Vessel includes 

any spectator vessel 60 feet or greater in 

length with a passenger capacity of 50 

persons or greater. 

(8) Vessel Traffic Control Point means 

a designated point which vessel traffic 

may not proceed past in either inbound 

or outbound direction without 

permission of the Captain of the Port. 

(b) Regulated Areas. The following 

Vessel Traffic Control Points are 

established as special local regulations 

during OPSAIL 2012 Virginia in the Port 

of Hampton Roads, Virginia. All 

coordinates reference Datum NAS 1983: 

(1) Elizabeth River, Western Branch 

along a line drawn across the Elizabeth 

River, Western Branch, at the West 

Norfolk Bridge, located at 36°51′31′′ N 

076°20′54′′ W thence to 36°51′16′′ N 

076°20′38′′ W. 

(2) Elizabeth River, Eastern Branch 

along a line drawn across the Elizabeth 

River, Eastern Branch, at the Berkley 

Bridge, located at 36°50′33′′ N 


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076°17′11′′ W thence to 36°50′27′′ N 

076°17′12′′ W. 

(3) Elizabeth River, Southern Branch 

along a line drawn across the Elizabeth 

River, Southern Branch, at the Jordan 

Bridge, located at 36°48′29′′ N 

076°17′30′′ W thence to 36°48′32′′ N 

076°17′17′′ W. 

(4) James River along a line drawn 

across the James River at the MonitorMerrimac Bridge/Tunnel, located at 

36°57′32′′ N 076°24′36′′ W thence to 

36°56′54′′ N 076°24′18′′ W. 

(5) Chesapeake Bay, Hampton Roads, 

Hampton Bar, along a line drawn from 

the Old Point Comfort Light (LLNR 

9380) to Fort Wool Light (LLNR 9385), 

located at 37°00′03′′ N 076°18′24′′ W 

thence to 36°59′14′′ N 076°18′10′′ W. 

(6) Elizabeth River along a line drawn 

from Elizabeth River Channel Lighted 

Buoy 20 (LLNR 9620) to Lafayette River 

Channel Light 2 (LLNR 10660), located 

at 36°53′33′′ N 076°20′15′′ W thence to 

36°53′36′′ N 076°19′27′′ W. 

(7) Elizabeth River along a line drawn 

from Elizabeth River Channel Lighted 

Buoy 29 (LLNR 9715) to Elizabeth River 

Channel Lighted Buoy 30 (LLNR 9735), 

located at 36°52′13′′ N 076°19′44′′ W 

thence to 36°52′02′′ N 076°19′41′′ W. 

(8) Elizabeth River along a line drawn 

from Elizabeth River Channel Lighted 

Buoy 36 (LLNR 9900), located at 

36°50′49.7′′ N 076°17′58.7′′ W thence to 

the southeast corner of Hospital Point, 

approximate position latitude 36°50′51′′ 

N, longitude 076°18′09′′ W. 

(9) Elizabeth River, Southern Branch 

along a line drawn across the Elizabeth 

River, Southern Branch, at the 

Downtown Tunnel, located at 

36°49′57.3′′ N 076°17′44.5′′ W thence to 

36°50′00.3′′ N 076°17′35.4′′ W. 

(c) Notification. (1) Coast Guard 

Captain of the Port will notify the public 

of the enforcement of these safety zones 

by all appropriate means to affect the 

widest publicity among the affected 

segments of the public. Publication in 

the Local Notice to Mariners, marine 

information broadcasts, and facsimile 

broadcasts may be made for these 

events, beginning 24 to 48 hours before 

the event is scheduled to begin, to notify 

the public. 

(2) Contact Information. Questions 

about safety zones and related events 

should be addressed to the Coast Guard 

Captain of the Port. Contact Coast Guard 

Sector Hampton Roads—Captain of the 

Port Zone, Norfolk, Virginia: (757) 483– 

8567. 

(d) Special Local Regulations. (1) 

Except for persons or vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel may enter or remain 

in the regulated area. 

(2) The operator of any vessel in the 

regulated area shall: (i) Stop the vessel 

immediately when directed to do so by 

an Official Patrol. 

(ii) Proceed as directed by any official 

patrol. 

(iii) The operator of any vessel shall 

proceed at the minimum speed 

necessary to maintain a safe course that 

minimizes wake in or near the regulated 

area. 

(e) Enforcement Period: This 

regulation will be enforced on June 6, 8, 

9, and 12, 2012. 

PART 110—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

1. The authority citation for part 110 

continues to read as follows: 

Authority: 33 U.S.C. 471, 1221 through 

1236, 2030, 2035, 2071; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

2. In section 110.168, temporarily 

suspend paragraphs (e)(2), (e)(3), and 

(e)(6). 

3. Add temporary § 110.168T to read 

as follows: 

§ 110.168T Temporary Amendment 

Anchorages in Hampton Roads, Virginia 

and adjacent waters (Datum: NAD 83). 

(a) The regulations in this temporary 

section are supplemental to the 

regulations in 33 CFR 110.168. 

(b) Definitions. As used in this 

section— 

(1) Captain of the Port Representative 

means any U.S. Coast Guard 

commissioned, warrant or petty officer 

who has been authorized by the Captain 

of the Port, Hampton Roads, Virginia 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 the 

Captain of the Port, Hampton Roads, 

Virginia. 

(3) Parades of Sail Vessel includes all 

vessels participating in OPSAIL 2012 

Virginia under the auspices of the U.S. 

Department of Homeland Security 

Application for Marine Event, CG–4423, 

for the OPSAIL 2012 Virginia activities 

in the Port of Hampton Roads, Virginia 

approved by the Captain of the Port, 

Hampton Roads. 

(4) Parade of Sail Arrivals is the 

movement of Parades of Sail vessels in 

orderly succession as they navigate 

designated routes in the Port of 

Hampton Roads, Virginia while inbound 

to the Port of Hampton Roads, Virginia 

on June 6, 2012 and June 8, 2012. 

(5) Parade of Sail Departure is the 

movement of Parades of Sail vessels in 

orderly succession as they navigate 

designated departure routes from the 

Port of Hampton Roads, Virginia to 

Baltimore, Maryland on June 12, 2012. 

(6) Spectator Vessel includes any 

vessel, commercial or recreational, 

being used for pleasure or carrying 

passenger that is in the Port of Hampton 

Roads to observe part or all of the 

OPSAIL 2012 Virginia events. 

(7) Large Spectator Vessel includes 

any spectator vessel 60 feet or greater in 

length with a passenger capacity of 50 

persons or greater. 

(8) Vessel Traffic Control Point means 

a designated point which vessel traffic 

may not proceed past in either inbound 

or outbound direction without 

permission of the Captain of the Port. 

(c) [RESERVED] 

(d) [RESERVED] 

(e) The following modifications apply 

to Anchorage areas E, F and K. These 

modifications replace the temporarily 

suspended regulations in 33 CFR 

110.168 paragraphs (e)(2), (e)(3), and 

(e)(6). 

(1) [RESERVED] 

(2) Anchorage E. Only Spectator 

Vessels may anchor in Anchorage E. 

(3) Anchorage F. Only Spectator 

Vessels may anchor in Anchorage F. 

(4) [RESERVED] 

(5) [RESERVED] 

(6) Anchorage K. Only Large Spectator 

Vessels may anchor in Anchorage K. 

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. 1226, 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, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

2. Add a temporary § 165.501T–05– 

0174 to read as follows: 

§ 165.501T–05–0174 Chesapeake Bay 

entrance and Hampton Roads, VA and 

adjacent waters—Regulated Navigation 

Area. 

(a) The regulations in this temporary 

section are supplemental to the 

regulations in 33 CFR 110.168. 

(b) Definitions. In this section: 

(1) Official Patrol Vessel includes all 

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

or local law enforcement vessels 

assigned and/or approved by the 

Captain of the Port, Hampton Roads, 

Virginia. 

(2) Parade of Sail Vessel includes all 

vessels participating in OPSAIL 2012 

Virginia under the auspices of the U.S. 

Department of Homeland Security 

Application for Marine Event, CG–4423, 

for the OPSAIL 2012 Virginia activities 


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19962 Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Proposed Rules 

in the Port of Hampton Roads, Virginia 

approved by the Captain of the Port, 

Hampton Roads. 

(3) Parade of Sail Arrivals is the 

movement of Parades of Sail vessels in 

orderly succession as they navigate 

designated routes in the Port of 

Hampton Roads, Virginia while inbound 

to the Port of Hampton Roads, Virginia 

on June 6, 2012 and June 8, 2012. 

(4) Parade of Sail Departure is the 

movement of Parades of Sail vessels in 

orderly succession as they navigate 

designated departure routes from the 

Port of Hampton Roads, Virginia to 

Baltimore, Maryland on June 12, 2012. 

(5) Spectator Vessel includes any 

vessel, commercial or recreational, 

being used for pleasure or carrying 

passenger that is in the Port of Hampton 

Roads to observe part or all of the 

OPSAIL 2012 Virginia events. 

(6) Large Spectator Vessel includes 

any Spectator Vessel 60 feet or greater 

in length with a passenger capacity of 

50 persons or greater. 

(7) Vessel Traffic Control Point means 

a designated point which vessel traffic 

may not proceed past in either inbound 

or outbound direction without 

permission of the Captain of the Port. 

(c) [RESERVED] 

(d) Vessels participating in OPSAIL 

2012 Virginia Parades of Sail are exempt 

from the regulations of 165.501(d)(4). 

(e) [RESERVED] 

(f) [RESERVED] 

(g) Regulated Navigation Area for 

OPSAIL 2012 Virginia. During parades 

of sail, after firework displays, and any 

other time deemed necessary for safety 

and security by the Captain of the Port, 

Hampton Roads, vessels shall operate at 

the minimum speed required to 

maintain steerage and shall avoid 

creating a wake when operating within 

the Regulated Navigation Area, as 

defined in 33 CFR 165.501. 

(h) Regulated areas. The following 

locations are a moving safety zone: (1) 

All waters within 500 yards of any 

OPSAIL 2012 vessel which is greater 

than 100 feet in length, while operating 

in the navigable waters of the 

Chesapeake Bay or its tributaries, south 

of the Maryland-Virginia border and 

north of latitude 36°55′00′′ N. Vessels 

must operate at minimum speed within 

500 yards of any OPSAIL 2012 vessel 

and proceed as directed by the official 

patrol commander. 

(2) All waters within 100 yards of any 

OPSAIL 2012 vessel which is greater 

than 100 feet in length overall, while 

operating in the navigable waters of the 

Chesapeake Bay or its tributaries, south 

of the Maryland-Virginia border and 

north of latitude 36°55′00′′ N. Vessels 

shall not approach within 100 yards any 

OPSAIL vessel. If a vessel needs to pass 

within 100 yards of an OPSAIL 2012 

vessel in order to ensure safe passage in 

accordance with the Navigation Rules, 

the vessel must contact the Coast Guard 

patrol commander on VHF–FM marine 

band radio channel 13 (165.65MHz) or 

channel 16 (156.8 MHz). 

3. Add a temporary § 165T05–0174 to 

read as follows: 

§ 165T05–0174 Safety Zone; OPSAIL 2012 

Virginia, Port of Hampton, VA. 

(a) Regulated Area. The following 

areas are safety zones. All coordinates 

listed reference Datum NAD 1983. 

(1) OPSAIL Parade of Sail Route 

Segments. Regulated waters enclosed by 

the following lines: (i) Segment One. All 

waters bounded by a line connecting the 

Chesapeake Bay Entrance Lighted 

Whistle Buoy CH (LLNR 405) to 

Thimble Shoal Channel Lighted Bell 

Buoy 1TS (LLNR 9205), thence to 

Thimble Shoal Channel Lighted Bell 

Buoy 9 (LLNR 9255), thence to Thimble 

Shoal Channel Lighted Bell Buoy 10 

(LLNR 9260), thence to Thimble Shoal 

Channel Lighted Buoy 2 (LLNR 9210), 

thence to the beginning. 

(ii) Segment Two. All waters bounded 

by a line connecting Thimble Shoal 

Channel Lighted Bell Buoy 9 (LLNR 

9255), thence to Thimble Shoal Channel 

Lighted Gong Buoy 17 (LLNR 9295), 

thence to Fort Wool Light (LLNR 9385), 

thence to Old Point Comfort Light 

(LLNR 9380), thence to Thimble Shoal 

Channel Lighted Buoy 22 (LLNR 9320), 

thence to Thimble Shoal Channel 

Lighted Buoy 18 (LLNR 9300), thence to 

Thimble Shoal Channel Lighted Buoy 

10 (LLNR 9260), thence to the 

beginning. 

(iii) Segment Three. All waters 

bounded by a line connecting Fort Wool 

Light (LLNR 9385), thence to Elizabeth 

River Channel Lighted Buoy 1ER (LLNR 

9445), thence to Elizabeth River 

Channel Lighted Bell Buoy 3 (LLNR 

9465), thence to Elizabeth River 

Channel Lighted Gong Buoy 5 (LLNR 

9470), thence to Elizabeth River 

Channel Lighted Buoy 7 (LLNR 9475), 

thence to Elizabeth River Channel 

Lighted Buoy 9 (LLNR 9515), thence to 

Elizabeth River Channel Lighted Buoy 

11 (LLNR 9525), thence to Elizabeth 

River Channel Lighted Buoy 15 (LLNR 

9545), thence to Elizabeth River 

Channel Lighted Gong Buoy 17 (LLNR 

9595), thence to Elizabeth River 

Channel Lighted Buoy 19 (LLNR 9605), 

thence to Lafayette River Channel Light 

2 (LLNR 10660), thence to Elizabeth 

River Channel Lighted Buoy 20 (LLNR 

9620), thence to Elizabeth River 

Channel Lighted Buoy 18 (LLNR 9600), 

thence to Elizabeth River Channel 

Lighted Buoy 14 (LLNR 9540), thence to 

Elizabeth River Channel Lighted Buoy 

12 (LLNR 9530), thence to Elizabeth 

River Channel Lighted Bell Buoy 10 

(LLNR 9520), thence to Elizabeth River 

Channel Lighted Buoy 8 (LLNR 9500), 

thence to Newport News Channel 

Lighted Buoy 2 (LLNR 10840), thence to 

Old Point Comfort Light (LLNR 9380), 

thence to the beginning. 

(iv) Segment Four. All waters 

bounded by a line connecting Elizabeth 

River Channel Lighted Buoy 20 (LLNR 

9620), thence to Elizabeth River U.S. 

Navy Deperming Range Sound Signal 

(LLNR 9725), thence to Elizabeth River 

Channel Lighted Buoy 30 (LLNR 9735), 

thence to Elizabeth River Channel 

Lighted Buoy 32 (LLNR 9840), thence to 

Elizabeth River Channel Lighted Buoy 

36 (LLNR 9900), thence following the 

shoreline to the western terminus of the 

Jordan Bridge, thence to the eastern 

terminus of the Jordan Bridge shoreline, 

thence following the shoreline to the 

southern terminus of the Berkley Bridge, 

thence to the northern terminus of the 

Berkley Bridge, thence following the 

shoreline to Elizabeth River Channel 

Lighted Buoy 33 (LLNR 9850), thence to 

Elizabeth River Channel Buoy 31 (LLNR 

9835), thence to Elizabeth River 

Channel Lighted Buoy 29 (LLNR 9715), 

thence to Elizabeth River Channel 

Lighted Buoy 25 (LLNR 9710), thence to 

Elizabeth River Channel Lighted Buoy 

21 (LLNR 9625), thence to Lafayette 

River Channel Light 2 (LLNR 10660), 

thence to the beginning. 

(b) Regulated Area. The following 

area is a safety zone. All coordinates 

listed reference Datum NAD 1983. 

(1) Fireworks Display Safety Zone: 

Regulated waters enclosed by the 

following lines: (i) All waters bounded 

by a line connecting Elizabeth River 

Channel Lighted Buoy 20 (LLNR 9620), 

thence to Elizabeth River U.S. Navy 

Deperming Range Sound Signal (LLNR 

9725), thence to Elizabeth River 

Channel Lighted Buoy 30 (LLNR 9735), 

thence to Elizabeth River Channel 

Lighted Buoy 32 (LLNR 9840), thence to 

Elizabeth River Channel Lighted Buoy 

36 (LLNR 9900), thence following the 

shoreline to the western terminus of the 

Jordan Bridge, thence to the eastern 

terminus of the Jordan Bridge shoreline, 

thence following the shoreline to the 

southern terminus of the Berkley Bridge, 

thence to the northern terminus of the 

Berkley Bridge, thence following the 

shoreline to Elizabeth River Channel 

Lighted Buoy 33 (LLNR 9850), thence to 

Elizabeth River Channel Buoy 31 (LLNR 

9835), thence to Elizabeth River 

Channel Lighted Buoy 29 (LLNR 9715), 

thence to Elizabeth River Channel 

Lighted Buoy 25 (LLNR 9710), thence to 


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Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Proposed Rules 19963 

Elizabeth River Channel Lighted Buoy 

21 (LLNR 9625), thence to Lafayette 

River Channel Light 2 (LLNR 10660), 

thence to the beginning. 

(c) Notification. (1) Coast Guard 

Captain of the Port will notify the public 

of the enforcement of these safety zones 

by all appropriate means to affect the 

widest publicity among the affected 

segments of the public. Publication in 

the Local Notice to Mariners, marine 

information broadcasts, and facsimile 

broadcasts may be made for these 

events, beginning 24 to 48 hours before 

the event is scheduled to begin, to notify 

the public. 

(2) Contact Information. Questions 

about safety zones and related events 

should be addressed to the Coast Guard 

Captain of the Port. Contact Coast Guard 

Sector Hampton Roads—Captain of the 

Port Zone, Norfolk, Virginia: (757) 483– 

8567. 

(d) Regulations: (1) In accordance 

with the general regulations in 165.23 of 

this part, entry into these zones is 

prohibited unless authorized by the 

Captain of the Port, Hampton Roads or 

his designated representatives. 

(2) The operator of any vessel in the 

immediate vicinity of this safety zone 

shall: (i) Stop the vessel immediately 

upon being directed to do so by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(3) The Captain of the Port, Hampton 

Roads can be reached through the Sector 

Duty Officer at Sector Hampton Roads 

in Portsmouth, Virginia at telephone 

Number (757) 668–5555. 

(4) The Coast Guard Representatives 

enforcing the safety zone can be 

contacted on VHF–FM marine band 

radio channel 13 (165.65MHz) or 

channel 16 (156.8 MHz). 

(e) Enforcement Period: This 

regulation will be enforced June 6, 8, 9, 

and 12, 2012. 

Dated: March 15, 2012. 

William D. Lee, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. 2012–7920 Filed 4–2–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 100 and 165 

[Docket No. USCG–2012–0100] 

RIN 1625–AA00; 1625–AA08 

Special Local Regulation and Security 

Zone: War of 1812 Bicentennial 

Commemoration, Port of Boston, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

adopt a temporary special local 

regulation and temporary security 

zones, during, and after the War of 1812 

Bicentennial Commemoration events in 

the Port of Boston, Massachusetts, to be 

held between June 28, 2012 and July 6, 

2012. These regulations are necessary to 

promote the safe navigation of vessels 

and the safety of life and property 

during the heavy volume of vessel 

traffic expected during this event. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before May 18, 2012. Requests for 

public meetings must be received by the 

Coast Guard on or before April 24, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2012–0100 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 Mr. Mark Cutter, 

Coast Guard Sector Boston, Waterways 

Management Division, telephone 617– 

223–4000, email 

Mark.E.Cutter@uscg.mil or Lieutenant 

Junior Grade Isaac Slavitt, Coast Guard 

First District Waterways Management 

Branch, telephone 617–223–8385, email 

Isaac.M.Slavitt@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–2012–0100), 

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–2012–0100 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, selfaddressed postcard or envelope. We will 

consider all comments and material 

received during the comment period 

and may change the rule based on your 

comments. 


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