Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Rules and Regulations 23599 

■ 2. In § 122.153, revise paragraph (c) to 

read as follows: 

§ 122.153 Limitations on airport of entry or 

departure. 

* * * * * 

(c) List of airports authorized to 

accept aircraft traveling to or from 

Cuba. For reference purposes, the 

following is a list of airports that have 

been authorized by CBP to accept 

aircraft traveling between Cuba and the 

United States. 

Location Name 

Atlanta, Georgia ........................................................................................ Hartsfield-Jackson Atlanta International Airport. 

Austin, Texas ............................................................................................ Austin-Bergstrom International Airport. 

Baltimore, Maryland .................................................................................. Baltimore/Washington International Thurgood Marshall Airport. 

Chicago, Illinois ........................................................................................ O’Hare International Airport. 

Dallas, Texas ............................................................................................ Dallas/Fort Worth International Airport. 

Fort Lauderdale, Florida ........................................................................... Fort Lauderdale-Hollywood International Airport. 

Fort Myers, Florida ................................................................................... Southwest Florida International Airport. 

Houston, Texas ........................................................................................ George Bush Intercontinental Airport. 

Jamaica, New York .................................................................................. John F. Kennedy International Airport. 

Key West, Florida ..................................................................................... Key West International Airport. 

Los Angeles, California ............................................................................ Los Angeles International Airport. 

Miami, Florida ........................................................................................... Miami International Airport. 

New Orleans, Louisiana ........................................................................... Louis Armstrong New Orleans International Airport. 

Oakland, California ................................................................................... Oakland International Airport. 

Orlando, Florida ........................................................................................ Orlando International Airport. 

Pittsburgh, Pennsylvania .......................................................................... Pittsburgh International Airport. 

San Juan, Puerto Rico ............................................................................. San Juan Luis Mun ̃oz Marı ́n International Airport. 

Tampa, Florida ......................................................................................... Tampa International Airport. 

West Palm Beach, Florida ........................................................................ Palm Beach International Airport. 

Dated: April 10, 2012. 

David V. Aguilar, 

Acting Commissioner, U.S. Customs and 

Border Protection. 

[FR Doc. 2012–9510 Filed 4–19–12; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2011–1176] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Potomac River, Charles 

County, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary Final rule. 

SUMMARY: The Coast Guard is 

establishing special local regulations 

during the ‘‘Potomac River Sharkfest 

Swim’’ amateur swim, a marine event to 

be held on the waters of the Potomac 

River on June 2, 2012. These special 

local regulations are necessary to 

provide for the safety of life on 

navigable waters during the event. This 

action is intended to temporarily restrict 

vessel traffic in a portion of the Potomac 

River during the event. 

DATES: This rule is effective and will be 

enforced from 10 a.m. until 2:30 p.m. on 

June 2, 2012. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2011–1176 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2011–1176 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ This material is 

also available for inspection or copying 

at the 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, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or email Mr. Ronald Houck, 

U.S. Coast Guard Sector Baltimore, MD; 

telephone 410–576–2674, email 

Ronald.L.Houck@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On February 9, 2012, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Special Local Regulations for 

Marine Events; Potomac River, Charles 

County, MD’’ in the Federal Register 

(77 FR 27). We received one comment 

on the proposed rule. No public meeting 

was requested, and none was held. 

Background and Purpose 

On June 2, 2012, Enviro-Sports 

Productions, Inc. of Stinson Beach, 

California, will sponsor an amateur 

swim across the Potomac River between 

Newburg, Maryland and King George, 

VA. The event consists of up to 500 

swimmers on a course located upriver 

and parallel to the Governor Harry W. 

Nice Memorial (US–301) Bridge. The 

swimmers will be supported by 

sponsor-provided watercraft. The start 

will be located along the shore at the 

Aqua-Land Marina and the finish will 

be located along the shore at Dahlgren 

Wayside Park. A portion of the swim 

course will cross the federal navigation 

channel. Due to the need for vessel 

control during the event, the Coast 

Guard will temporarily restrict vessel 

traffic in the event area to provide for 

the safety of participants, spectators and 

other transiting vessels. 

Discussion of Comments and Changes 

The Coast Guard received one 

comment in response to the NPRM. No 

public meeting was requested and none 

was held. What follows is a review of, 

and the Coast Guard’s response to, the 

issue that was presented by the 

commenter concerning the proposed 

regulations. 

The commenter, Mr. David R. Horning 

of EnviroSports, who is the event 

organizer, stated that after further 

review of the tidal currents for June 2, 

2012, it has been determined that the 

best time to start the swim event would 

be between 11:30 a.m. and 12 p.m. 

(Noon) to get all participants across the 

Potomac River safely. Furthermore, the 

timeline in the proposed regulation 

closing this portion of the Potomac 


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23600 Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Rules and Regulations 

River should be adjusted to a time from 

10 a.m. to 2:30 p.m. 

We feel that adjusting the effective 

period in the proposed rule as suggested 

by the commenter will not adversely 

affect waterway users in this portion of 

the Potomac River on June 2, 2012. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes or executive 

orders. 

Regulatory Planning and Review 

This 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 rule to be so minimal that a full 

Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. Although this 

regulation will prevent traffic from 

transiting a portion of the Potomac River 

during the event, 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 the 

Local Notice to Mariners and marine 

information broadcasts, so mariners can 

adjust their plans accordingly. 

Small Entities 

Under the Regulatory Flexibility Act 

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

whether this 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 rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule would affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

the effected portions of the Potomac 

River during the event. 

Although this regulation prevents 

traffic from transiting a portion of the 

Potomac River near the Governor Harry 

W. Nice Memorial (US–301) Bridge 

during the event, this rule will not have 

a significant economic impact on a 

substantial number of small entities for 

the following reasons. This rule will be 

in effect for only a limited period. 

Though the regulated area extends 

across the entire width of the river, 

vessel traffic may be permitted to safely 

transit a portion of the regulated area, 

but only after all participants have 

safely cleared that portion of the 

regulated area and when the Coast 

Guard Patrol Commander deems it safe 

for vessel traffic to do so. All Coast 

Guard vessels enforcing this regulated 

area can be contacted on marine band 

radio VHF–FM channel 16 (156.8 MHz). 

Before the enforcement period, we 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), 

in the NPRM we offered to assist small 

entities in understanding the rule so 

that they could better evaluate its effects 

on them and participate in the 

rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

determined that this rule does not have 

implications for federalism. 

Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

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 or more in any one year. 

Though this rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not effect 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 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 rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Rules and Regulations 23601 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this 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 concluded 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 applicable to 

organized marine events on the 

navigable waters of the United States 

that could negatively impact the safety 

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, canoe and sail 

board racing. An environmental analysis 

checklist and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

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 temporarily 

amends 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add temporary § 100.35T05–1176 

to read as follows: 

§ 100.35T05–1176 Special Local 

Regulations for Marine Events; Potomac 

River, Charles County, MD. 

(a) Regulated area. The following 

location is a regulated area: All waters 

of the Potomac River, within lines 

connecting the following positions: 

From latitude 38°22′05′′ N, longitude 

076°59′03′′ W, thence to latitude 

38°21′50′′ N, longitude 077°00′54′′ W, 

and from latitude 38°21′29′′ N, longitude 

077°00′54′′ W to latitude 38°21′45′′ N, 

longitude 076°58′59′′ W. All coordinates 

reference Datum NAD 1983. 

(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 

Baltimore. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Baltimore with a 

commissioned, warrant, or petty officer 

on board and displaying a Coast Guard 

ensign. 

(c) Special local regulations. (1) The 

Coast Guard Patrol Commander may 

forbid and control the movement of all 

vessels and persons in the regulated 

area. When hailed or signaled by an 

official patrol vessel, a vessel or person 

in the regulated area shall immediately 

comply with the directions given. 

Failure to do so may result in expulsion 

from the area, citation for failure to 

comply, or both. 

(2) All Coast Guard vessels enforcing 

this regulated area can be contacted at 

telephone number 410–576–2693 or on 

marine band radio VHF–FM channel 16 

(156.8 MHz). 

(3) The Coast Guard will publish a 

notice in the Fifth Coast Guard District 

Local Notice to Mariners and issue a 

marine information broadcast on VHF– 

FM marine band radio announcing 

specific event date and times. 

(d) Enforcement period. This section 

will be enforced from 10 a.m. to 

2:30 p.m. on June 2, 2012. 

Dated: March 30, 2012. 

Mark P. O’Malley, 

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

Port Baltimore. 

[FR Doc. 2012–9518 Filed 4–19–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 100 and 165 

[Docket No. USCG–2011–1023] 

RIN 1625–AA08; AA00 

Special Local Regulations and Safety 

Zones; Recurring Events in Northern 

New England 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is updating 

special local regulations and permanent 

safety zones in the Coast Guard Captain 

of the Port (COTP) Northern New 

England Zone for annual recurring 

marine events. When these special local 

regulations or safety zones are activated, 

and subject to enforcement, this rule 

will restrict vessels from portions of 

water areas during these annual 

recurring events. The revised special 

local regulations and safety zones will 

expedite public notification of events, 

and ensure the protection of the 

maritime public and event participants 

from the hazards associated with these 

annual recurring events. 

DATES: This rule is effective May 21, 

2012. 

This rule will be enforced during 

dates and times specified in the Tables 

to §§ 100.120 and 165.171. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2011–1023 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2011–1023 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ This material is 

also available for inspection or copying 

at the 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, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Junior Grade Terence 

Leahy, Waterways Management 

Division at Coast Guard Sector Northern 

New England, telephone 207–767–0398, 

email Terence.O.Leahy@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On Tuesday, December 27, 2011, the 

Coast Guard published a notice of 

proposed rulemaking (NPRM) entitled 

‘‘Special Local Regulations and Safety 

Zones; Recurring Events in Northern 

New England’’ in the Federal Register 

(Vol. 76 No. 248). We received no 

comments or requests for a public 

meeting on the proposed rule. 

Basis and Purpose 

The legal basis for this rule is the Port 

and Waterways Safety Act, 33 U.S.C. 

1226 and 1231, 33 U.S.C. 1233; 46 

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

U.S.C. 191, 195; 33 CFR 1.05–1, and 

160.5; Public Law 107–295, 116 Stat. 


tkelley on DSK3SPTVN1PROD with RULES