19570 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Proposed Rules 

Issued in Renton, Washington, on March 

22, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–7770 Filed 3–30–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2012–0169] 

RIN 1625–AA08 

Special Local Regulation for Marine 

Events, Chesapeake Bay Workboat 

Race, Back River, Messick Point; 

Poquoson, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a special local regulation 

during the Chesapeake Bay Workboat 

Race, a series of boat races to be held on 

the waters of Back River, Poquoson, 

Virginia on June 24, 2012. This event 

will consist of approximately 75 

powerboats conducting high-speed 

competitive races on the waters of the 

Back River. 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 Back River, 

Messick Point, Poquoson, Virginia 

during the event. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before May 2, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2012–0169 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–2012–0169), 

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–2012–0169) 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. 

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–2012–0169) 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. 


sroberts on DSK5SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Proposed Rules 19571 

This regulation proposes to add an 

enforcement period of a new special 

local regulation for one marine event 

within Fifth Coast Guard District. 

On June 24, 2012, the Chesapeake Bay 

Workboat Race Committee will sponsor 

the ‘‘2012 Chesapeake Bay Workboat 

Races’’ on the waters of Back River. The 

event will consist of approximately 75 

powerboats conducting high-speed 

competitive races on the waters of Back 

River, Messick Point, Poquoson, VA. A 

fleet of spectator vessels is expected to 

gather near the event site to view the 

competition. To provide for the safety of 

participants, spectators, support and 

transiting vessels, the Coast Guard will 

temporarily restrict vessel traffic in the 

event area during the 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 June 24, 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 Back River, 

Messick Point in Poquoson, Virginia. 

The regulated area will be established in 

the interest of public safety during the 

‘‘Chesapeake Bay Workboat Race’’, and 

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

on June 24, 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. 

This regulation would establish an 

enforcement location to include all 

waters of the Back River, Poquoson, 

Virginia, bounded to the north by a line 

drawn along latitude 37°06′30′′ N, 

bounded to the south by a line drawn 

along latitude 37°16′15′′ N, bounded to 

the east by a line drawn along longitude 

076°18′52′′ W and bounded on the west 

by a line drawn along longitude 

076°19′30′′ W. 

Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This proposed rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, 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 Back River 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 (six hours); (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 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 


sroberts on DSK5SPTVN1PROD with PROPOSALS
19572 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Proposed Rules 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform 

This proposed rule meets applicable 

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

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

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

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

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, Table to § 100.501, 

add temporary line No. 26 to read as 

follows: 

§ 100.501 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. 

COAST GUARD SECTOR HAMPTON ROADS—COTP ZONE

No. Date Event Sponsor Location 

*******

26 ...... June 24, 2012— 

11 a.m. to 5 

p.m.

2012 Chesapeake 

Bay Workboat 

Race.

Chesapeake Bay 

Workboat Race 

Committee.

The regulated area includes all waters of the Back River, Poquoson, Virginia, bounded to the north by a line drawn along latitude 37°06′30′′ N, 

bounded to the south by a line drawn along latitude 37°16′15′′ N, 

bounded to the east by a line drawn along longitude 076°18′52′′ W and 

bounded on the west by a line drawn along longitude 076°19′30′′ W. 

All coordinates reference Datum NAD 1983. 


sroberts on DSK5SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Proposed Rules 19573 

* * * * * 

Dated: March 13, 2012. 

Mark S. Ogle, 

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

Port Hampton Roads. 

[FR Doc. 2012–7790 Filed 3–30–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0130] 

RIN 1625–AA00 

Safety Zone; Wedding Fireworks 

Display, Boston Inner Harbor, Boston, 

MA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone on the 

navigable waters of the Boston Inner 

Harbor in the vicinity of Anthony’s Pier 

4, Boston, MA for a wedding fireworks 

display. This temporary safety zone is 

necessary to protect spectators and 

vessels from the hazards associated with 

fireworks displays. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before May 2, 2012. Requests for 

public meetings must be received by the 

Coast Guard on or before April 9, 2012. 

The Coast Guard anticipates that this 

proposed rule will be effective from 8 

p.m. to 11 p.m. on May 19, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2012–0130 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–2012–0130), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http://www.

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

delivery, but please use only one of 

these means. If you submit a comment 

online via www.regulations.gov, it will 

be considered received by the Coast 

Guard when you successfully transmit 

the comment. If you fax, hand deliver, 

or mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an email address, 

or a telephone number in the body of 

your document so that we can contact 

you if we have questions regarding your 

submission. 

To submit your comment online, go to 

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

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2012–0130’’ in the ‘‘Keyword’’ 

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

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period and may 

change the rule based on your 

comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

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

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2012– 

0130’’ and click ‘‘Search.’’ Click the 

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

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

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

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one by 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 the proposed rule 

is 33 U.S.C. 1231; 46 U.S.C. Chapter 

701, 3306, 3703; 50 U.S.C. 191, 195; 33 

CFR 1.05–1, 6.04–1, 6.04–6, 160.5; 

Public Law 107–295, 116 Stat. 2064; 

Department of Homeland Security 

Delegation No. 0170.1, which 

collectively authorize the Coast Guard 

to establish safety zones. 

This proposed safety zone is 

necessary to ensure the safety of 

spectators and vessels from hazards 

associated with the fireworks display. 


sroberts on DSK5SPTVN1PROD with PROPOSALS