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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19964 Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Proposed Rules 

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–2012–0100 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. A copy of this 

proposal will also be placed in the local 

notice to mariners. 

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 24, 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. 

The event sponsor hosted a planning 

and coordination meeting that was open 

to the public on October 12, 2011 and 

held an Initial Planning Conference on 

February 14–15, 2012 in Boston, MA. 

Recommendations to employ a similar 

pattern to that which was used during 

the Sail Boston 2009 events was 

recommended during this meeting and 

that recommendation is incorporated 

into this document. Additionally, 

informal discussions were held 

December 21, 2011 and January 18, 2012 

during the Boston’s Port Operators 

Group Meeting, and comments 

concerning the use of traffic patterns the 

way they were used during Sail Boston 

2009 have been addressed. The War of 

1812 Bicentennial Commemoration 

Events will be a topic on the agenda in 

future monthly Boston Port Operators 

Group Meetings. On January 26, 2012 

the Coast Guard held an informal 

meeting with Federal, State and local 

government agencies to brief them on 

the planning the Coast Guard is doing 

for the War of 1812 Bicentennial 

Commemoration Events; this meeting 

was attended by some local business 

leaders. Nothing discussed at this 

meeting impacted the drafting of this 

proposed regulation. 

Basis and Purpose 

The legal basis for the proposed rule 

is 33 U.S.C. 1225, 1226, 1231, 1233; 46 

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

U.S.C. 191, 195; Pub. L. 107–295, 116 

Stat. 2064; Ports and Waterways Safety 

Act and Department of Homeland 

Security Delegation No. 0170.1, which 

collectively authorize the Coast Guard 

to define special local regulations and 

security zones. 

The proposed temporary regulations 

are for the War of 1812 Bicentennial 

Commemoration events to be held in 

Boston Harbor, which the U.S. Coast 

Guard has designated this as a Marine 

Event of National Significance. These 

events will be held from June 28, 2012 

through July 6, 2012. This rule is 

proposed to provide for the safety of life 

on navigable waters and to protect U.S. 

and Foreign military vessels, U.S. and 

foreign government sailing vessels, 

private vessels, spectators, and the Port 

of Boston during these events. 

Discussion of Proposed Rule 

The United States Navy is planning a 

series of events nationwide to celebrate 

the commemoration of the War of 1812. 

The Port of Boston events will occur 

between June 28 and July 6, 2012. The 

events will consist of a gathering of U.S 

and foreign military vessels, U.S. and 

foreign government sailing vessels 

mooring in various berths throughout 

the Port of Boston. 

At the time of this notice, War of 1812 

Bicentennial Commemoration events are 

expected to include the following: 

1. June 28–29—Multiple U.S. and 

foreign military vessels arrive; 

2. June 30: Arrival of the U.S. and 

foreign government sailing vessels; 

3. June 28 through July 6: Security 

Zones in effect; 

4. June 30 through July 6: Public tours 

of U.S and Foreign military vessels and 

U.S and foreign government sailing 

vessels; 

5. June 29 through July 6: Vessel 

movement control measures in effect; 

6. July 4: USS CONSTITUTION and 

USCGC EAGLE Parade; 

7. July 4: USN Blue Angles aerial 

demonstration. 

On July 4, starting at 11 a.m. there 

will be salute to the USS 

CONSITUTION and USCGC EAGLE as 

they sail from Constitution Pier, 

outbound Boston Main Channel to 

Castle Island and return. This will be 

followed by an air demonstration by the 

Navy’s Blue Angels above Boston Inner 

Harbor at approximately 12:15 p.m. 

Special Local Regulations 

In the year 2009, a similar event, Sail 

Boston 2009, drew several hundred 

thousand spectators by both land as 

well as water to Boston Harbor. 

Recognizing the significant draw this 

event may have on recreational boating 

traffic, the Coast Guard’s proposes to 

establish a special local regulation that 

would create vessel movement control 

measures in Boston Harbor through a 

Regulated Area, which will be in effect 

during the War of 1812 Bicentennial 

Commemoration events. 

This proposed regulated area is 

needed for vessel movement control 

measures and to facilitate law 

enforcement vessel access to support 

facilities. Additionally, the regulated 

areas will protect the maritime public 

and participating vessels from possible 

hazards to navigation associated with 

dense vessel traffic. 

The proposed Regulated Area 

establishes a counter-clockwise traffic 

pattern around Boston Inner Harbor to 

ensure spectator vessels are following 

an organized route, facilitating the 

smooth flow of boating traffic, thereby 

minimizing disruption on the waterway. 

A Coast Guard Patrol Commander 

(PATCOM) will be designated and on 

scene controlling the flow of traffic 

through the Regulated Area. 

The waterway between the World 

Trade Center Pier and the Fish Pier, as 

well as the waterway within the 

Reserved Channel do not constitute 

large areas for unhindered navigation. 

Due to the navigation restrictions in 

these waterways, when vessels over 125 

feet enter the area, on-scene patrol 

personnel will halt the flow of vessel 

traffic and allow no other vessel in the 

channel until the vessel greater than 125 

feet is clear of the narrow channel. 

Due to concerns of tenants at the 

World Trade Center, Fish Piers and the 

Black Falcon Terminal, waterside 

viewing hours for vessels berthed at 

these facilities will be limited to times 

specified in the regulatory text, outside 

of which only vessels which are tenants 

within the channels of the World Trade 

Center, Fish Pier and Reserved Channel 

will be authorized access within those 

areas. 

Security Zones 

Additionally, the Coast Guard is 

proposing to establish 25-yard security 


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zones surrounding participating vessels 

while moored. The proposed regulations 

would be in effect in Boston Harbor 

throughout the effective period. These 

restrictions are expected to minimize 

the risks associated with the anticipated 

large number of recreational vessel 

traffic within the confines of Boston 

Inner Harbor operating in conjunction 

with commercial deep draft vessel 

traffic that pose a significant threat to 

the safety of life. 

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. 

Although this regulation imposes 

traffic restrictions in portions of Boston 

Harbor during the events, the effect of 

this regulation will not be significant for 

the following reasons: the regulated area 

and security zones will only be in place 

during the week long War of 1812 

activities, and Extensive advance notice 

will be made to mariners via 

appropriate means, which may include 

broadcast notice to mariners, local 

notice to mariners, facsimile, marine 

safety information bulletin, local Port 

Operators Group meetings, the Internet, 

USCG Sector Boston Homeport Web 

page, and local newspapers and media. 

The advance notice will permit 

mariners to adjust their plans 

accordingly. Additionally, the regulated 

area is tailored to impose the least 

impact on maritime interests without 

compromising safety. 

Similar restrictions were established 

for Sailing Boston 1992, 2000, and 2009 

events. Based upon the Coast Guard’s 

experiences from those previous similar 

magnitude events, these proposed 

regulations have been narrowly tailored 

to impose the least impact on maritime 

interests yet provide the necessary level 

of safety. 

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, 

fish, or anchor in portions of Boston 

Harbor during various times during the 

effective period. 

The proposed rule would not have a 

significant economic impact on a 

substantial number of small entities for 

the same reasons outlined in the 

Executive Order 12866 and Executive 

Order 13563 section above. 

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 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 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. 

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 


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19966 Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Proposed Rules 

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 appears to be 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 will be 

available in the docket where indicated 

under ADDRESSES. This rule appears to 

be categorically excluded, under figure 

2–1, paragraphs (34)(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. 

List of Subjects 

33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, and Waterways. 

33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR parts 100 and 165 as 

follows: 

PART 100—REGATTAS AND MARINE 

PARADES 

1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

2. Add temporary Sec. 100.T01–0100 

to read as follows: 

§ 100.T01–0100 Special Local Regulation; 

War of 1812 Bicentennial Commemoration, 

Port of Boston, Massachusetts. 

(a) Location: This special local 

regulation establishes a regulated area to 

include all waters west of a line drawn 

from the monument at Castle Island in 

approximate position 42°20′21′′ N, 

71°00′37′′ W, to the Logan Airport 

Security Zone Buoy ‘‘24’’ in 

approximate position 42°20′45′′ N, 

71°00′29′′ W, and then to land in 

approximate position 42°20′48′′ N, 

71°00′27′′ W, including the Reserved 

Channel to the Summer Street retractile 

bridge in approximate position 

42°20′34′′ N, 71°02′11′′ W, the Charles 

River to the Gridley Locks at the Charles 

River Dam in approximate position 

42°22′07′′ N, 71°03′40′′ W, the Mystic 

River at the Alford Street Bridge in 

approximate position 42°23′22′′ N, 

71°04′16′′ W, and the Chelsea River to 

the McArdle Bridge in approximate 

position 42°23′09′′ N, 71°02′21′′ W. 

(b) Special Local Regulations. (1) 

During the effective period, vessel 

operators transiting through the 

regulated area shall proceed in a 

counterclockwise direction at no wake 

speeds not to exceed five knots, unless 

otherwise authorized by the Captain of 

the Port. 

(2) Vessel operators shall comply with 

the instructions of on-scene Coast Guard 

patrol personnel. On-scene Coast Guard 

patrol personnel include commissioned, 

warrant, and petty officers of the Coast 

Guard onboard Coast Guard, Coast 

Guard Auxiliary, local, state, and federal 

law enforcement vessels. 

(3) From 9 a.m. on June 29, 2012 

through 6 p.m. on July 6, 2012 vessel 

control measures will be implemented. 

The traffic pattern will be in a 

counterclockwise rotation, such that all 

vessels shall stay generally as far to the 

starboard side of the channel as is safe 

and practicable. 

(4) To facilitate commercial ferry 

traffic with minimal disruption, 

commercial ferries within the regulated 

area, moving between stops on their 

normal routes, will be exempt from the 

mandatory counterclockwise traffic 

pattern. This exemption does not give 

ferries navigational precedence or in 

any way alter their responsibilities 

under the Rules of the Road or any other 

pertinent regulations. 

(5) Vessel operators transiting the 

waterway between the Fish Pier and 

World Trade Center must enter and 

keep to the starboard side of the 

channel, proceeding as directed by onscene Coast Guard patrol personnel. 

Vessel traffic shall move in a 

counterclockwise direction around a 

turning point as marked by an 

appropriate on-scene patrol vessel. 

(6) Vessel operators transiting the 

regulated area must maintain at least 

twenty five (25) yard safe distance from 

all official War of 1812 event 

participants, all U.S. military vessels 

under 100 feet, and all foreign military 

vessels, and must make way for all deep 

draft vessel traffic underway in the 

regulated area. 

(7) When a vessel greater than 125 feet 

enters the waterway between the World 

Trade Center and the Fish Pier and 

inside the Reserved Channel, no other 

vessel will be allowed to enter until that 

vessel departs that area unless 

authorized by the on-scene Patrol 

Commander. 

(8) From 10 p.m. through 8 a.m. daily, 

while regulated area is in effect, only 

vessels which are tenants within the 

channels of the World Trade Center, 

Fish Pier and Reserved Channel will be 

authorized access. 

(9) The Captain of the Port (COTP) 

may control the movement of all vessels 

operating on the navigable waters of 

Boston Harbor when the COTP has 

determined that such orders are justified 

in the interest of safety by reason of 

weather, visibility, sea conditions, 

temporary port congestion, and other 

temporary hazards circumstance. 

(c) Enforcement period. This 

regulation will be enforced from 9 a.m. 

on June 29, 2012 through 6 p.m. on July 

6, 2012. 


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Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Proposed Rules 19967 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

3. 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 and 160.5; 

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

of Homeland Security Delegation No. 0170.1. 

4. Add temporary Sec. 165.T01–0100 

to read as follows: 

§ 165.T01–0100 Security Zones: War of 

1812 Bicentennial Commemoration, Port of 

Boston, Massachusetts. 

(a) Location. The following are 

security zones: a twenty five (25) yard 

safety and security zone around all 

moored official War of 1812 event 

participants, all moored U.S. military 

vessels under 100 feet, and all foreign 

military vessels within the Captain of 

the Port Zone Boston. 

(b) Definitions. For purposes of this 

section ‘‘Designated on-scene 

representative’’ is any Coast Guard 

commissioned, warrant, or petty officer 

who has been designated by the Captain 

of the Port (COTP) Boston to act on the 

COTP’s behalf. The designated on-scene 

representative may be on a Coast Guard 

vessel, or onboard a federal, state, or 

local agency vessel that is authorized to 

act in support of the Coast Guard. 

(c) Enforcement period. This 

regulation will be enforced from 9 a.m. 

on June 28, 2012 until 6 p.m. on July 6, 

2012. 

(d) Regulations. (1) In accordance 

with the general regulations in 33 CFR 

165.33, subpart D, no person or vessel 

may enter, transit, anchor or otherwise 

move within the security zones created 

by this section unless granted 

permission to do so by the COTP Boston 

or the designated on-scene 

representative. 

(2) Vessel operators desiring to enter 

or operate within the security zone shall 

contact the COTP or the designated onscene representative via VHF channel 

16 to obtain permission. 

(3) Penalties. Vessels or persons 

violating this rule are subject to the 

penalties set forth in 33 U.S.C. 1232 and 

50 U.S.C. 192. 

Dated: March 15, 2012. 

J.N. Healey, 

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

Port Boston. 

[FR Doc. 2012–7917 Filed 4–2–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0198] 

RIN 1625–AA00 

Safety Zone, Port of Dutch Harbor; 

Dutch Harbor, AK 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes 

temporary safety zones in the Port of 

Dutch Harbor, Alaska, and adjacent 

U.S. territorial sea from 12:01 a.m. local 

time on June 15, 2012, through 11:59 

p.m. on July 1, 2012. The temporary 

safety zones will encompass the 

navigable waters within a 25-yard 

radius of moored or anchored offshore 

exploration or support vessels, and the 

navigable waters within a 100-yard 

radius of underway offshore exploration 

or support vessels. The purpose of the 

safety zones is to protect persons and 

vessels during an unusually high 

volume of vessel traffic in the Port of 

Dutch Harbor, Alaska, and the adjacent 

territorial sea due to additional vessel 

traffic associated with exploratory 

drilling operations in the Chukchi and 

Beaufort seas during the summer of 

2012. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before May 3, 2012. 

Requests for public meetings must be 

received by the Coast Guard on or before 

April 10, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2012–0198 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 LTJG Olivia Jones, 

Sector Anchorage Enforcement Division, 

Coast Guard; telephone 907–271–6741, 

email Olivia.S.Jones@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–2012–0198), 

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 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–2012–0198’’ 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 


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