Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Rules and Regulations 22489 

1The 1995 policy statement generally replaced 

the 1992 statement. 

2Although it was published as a proposal with an 

invitation for public comment, the 2001 penalty 

policy proposed rule was (as its preamble stated) 

not subject to notice and comment rulemaking 

requirements under section 553 of the 

Administrative Procedure Act because it dealt only 

with general statements of PBGC policy and with 

PBGC procedural rules. On November 17, 2006 (at 

71 FR 66867), PBGC published a final rule adding 

a penalty policy appendix, drawn from the 2001 

proposed rule, to its regulation on Payment of 

Premiums. 

3Premium penalties under ERISA section 4007 

are already covered by the administrative review 

regulation. Premium penalty determinations are in 

the class of matters for which reconsideration is 

provided. 

4On May 7, 2004 (at 69 FR 25797), PBGC 

proposed a new penalty policy for failures to issue 

Participant Notices as required under ERISA section 

4011 and PBGC’s regulation on Disclosure to 

Participants (29 CFR part 4011), the provisions of 

which are inapplicable to plan years starting after 

2006. Comments received on that proposal were 

relevant to some aspects of the 2001 proposal, but 

not to the administrative review provisions. 

5See www.pbgc.gov/documents/plan-forregulatory-review.pdf. 

penalties for failure to timely provide 

certain notices or other material 

information. Under the rule, such 

assessments will be subject to 

reconsideration in accordance with the 

provisions of the regulation. 

DATES: Effective May 16, 2012 and 

applicable to determinations made on or 

after that date. 

FOR FURTHER INFORMATION CONTACT: 

Catherine B. Klion (klion.catherine@

pbgc.gov), Manager, or Deborah C. 

Murphy (murphy.deborah@pbgc.gov), 

Attorney, Regulatory and Policy 

Division, Legislative and Regulatory 

Department, Pension Benefit Guaranty 

Corporation, 1200 K Street NW., 

Washington, DC 20005–4026; 202–326– 

4024. (TTY/TDD users may call the 

Federal relay service toll free at 1–800– 

877–8339 and ask to be connected to 

202–326–4024.) 

SUPPLEMENTARY INFORMATION: The 

Pension Benefit Guaranty Corporation 

(PBGC) administers the pension plan 

termination insurance program under 

title IV of the Employee Retirement 

Income Security Act of 1974 (ERISA). 

PBGC’s regulation on Rules for 

Administrative Review of Agency 

Decisions (29 CFR Part 4003) provides 

rules governing the issuance of initial 

determinations by PBGC involving the 

matters set forth in the regulation and 

procedures for requesting and obtaining 

PBGC review of those determinations, 

either by appeal (a more formal 

proceeding) or by request for 

reconsideration (a less formal process), 

depending on the type of matter. A 

person that fails to exhaust 

administrative remedies under the 

regulation with respect to a 

determination may not be able to raise 

in court some legal defenses against 

enforcement of the determination that 

might otherwise have been available. 

Section 4071 of ERISA authorizes 

PBGC to assess a penalty for failure to 

timely provide any notice or other 

material information required under 

ERISA sections 4001–4071 or 303(k)(4) 

or regulations thereunder. PBGC 

published policy guidance on its 

assessment and review of section 4071 

penalties on March 3, 1992 (at 57 FR 

7605), and July 18, 1995 (at 60 FR 

36837).1 On January 12, 2001 (at 66 FR 

2857), PBGC published a proposed rule 

on Assessment of and Relief from 

Penalties under both ERISA section 

4007 (dealing with payment of 

premiums) and ERISA section 4071.2

Among the proposed actions was 

amendment of the administrative review 

regulation to make determinations with 

respect to penalties under section 4071 

subject to that regulation, in the class of 

matters reviewable by reconsideration.3

No comments were received on the 

proposal.4

This final rule amends the 

administrative review regulation 

consistent with the 2001 proposal. This 

change will promote uniformity in 

PBGC’s procedures for making and 

reviewing determinations. The 

provisions of the administrative review 

regulation will supersede any 

inconsistent provisions of the 1992 and 

1995 penalty policy statements; in other 

respects, those policy statements will be 

unaffected. 

Applicability 

The amendment made by this rule 

applies to determinations under section 

4071 made on or after May 16, 2012. 

Compliance With Rulemaking 

Guidelines 

PBGC has determined that this action 

is not a ‘‘significant regulatory action’’ 

under the criteria set forth in Executive 

Order 12866. 

This rule is not subject to notice and 

comment rulemaking requirements 

under section 553 of the Administrative 

Procedure Act because it deals only 

with PBGC procedural rules. Because no 

general notice of proposed rulemaking 

is required, the Regulatory Flexibility 

Act does not apply. See 5 U.S.C. 601(2), 

603, 604. 

This action is associated with 

retrospective review and analysis in 

PBGC’s Plan for Regulatory Review 5

issued in accordance with Executive 

Order 13563 on ‘‘Improving Regulation 

and Regulatory Review.’’ 

List of Subjects in 29 CFR Part 4003 

Administrative practice and 

procedure, Organization and functions 

(Government agencies), Pension 

insurance, Pensions. 

For the reasons given above, PBGC is 

amending 29 CFR part 4003 as follows. 

PART 4003—RULES FOR 

ADMINISTRATIVE REVIEW OF 

AGENCY DECISIONS 

■ 1. The authority citation for part 4003 

continues to read as follows: 

Authority: 29 U.S.C. 1302(b)(3). 

■ 2. In § 4003.1, paragraph (a) is 

amended by removing the words ‘‘(b)(1) 

through (b)(4)’’ and adding in their 

place the words ‘‘(b)(1) through (b)(5)’’ 

and by removing the words ‘‘(b)(5) 

through (b)(10)’’ and adding in their 

place the words ‘‘(b)(6) through (b)(11)’’; 

paragraphs (b)(5) through (b)(10) are 

redesignated as paragraphs (b)(6) 

through (b)(11); and a new paragraph 

(b)(5) is added to read as follows: 

§ 4003.1 Purpose and scope. 

* * * * * 

(b) Scope. * * * 

(5) Determinations with respect to 

penalties under section 4071 of ERISA; 

* * * * * 

Issued in Washington, DC, this 6th day of 

April 2012. 

Joshua Gotbaum, 

Director, Pension Benefit Guaranty 

Corporation. 

[FR Doc. 2012–9095 Filed 4–13–12; 8:45 am] 

BILLING CODE 7709–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[Docket No. USCG–2010–0929] 

RIN 1625–AA01 

Special Anchorage Regulations, 

Newport Bay Harbor, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is expanding 

the boundaries of the special anchorage 

areas in Newport Bay Harbor, California, 

to encompass and replace temporary 

anchorage grounds C–1 and C–2, and 

anchorage ground C–3. This rule 

realigns anchorage boundaries to reflect 

the way the harbor currently is used. 

DATES: This rule is effective May 16, 

2012. 


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22490 Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Rules and Regulations 

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–2010–0929 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2010–0929 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 Lucas Mancini, Coast 

Guard District Eleven, telephone 510– 

437–3801, email 

Lucas.W.Mancini@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: 

Regulatory Information 

On December 16, 2011 we published 

a notice of proposed rulemaking 

(NPRM) entitled ‘‘Anchorage 

Regulations: Subpart A—Special 

Anchorage Regulations, Newport Bay 

Harbor, CA’’ in the Federal Register (76 

FR 78185). We received no comments 

on the proposed rule. No request for 

public meeting was made. 

Basis and Purpose 

The legal basis for this rule is: 33 

U.S.C. 471, 1221 through 1236, 2030, 

2035, 2071; 33 CFR 1.05–1; and 

Department of Homeland Security 

Delegation No. 0170.1, which 

collectively authorize the Coast Guard 

to define anchorage grounds. 

This rule expands the designated 

special anchorage areas in Newport Bay 

Harbor, and removes other anchorage 

grounds, to align with the actual 

placement of existing mooring areas and 

reflect the way the harbor is currently 

used. 

Background 

Due to enhanced anchorage 

population over the years, the mooring 

areas being used in Newport Bay Harbor 

are nominally larger than the special 

anchorage areas originally charted in 33 

CFR 110.95. As moorings were added or 

overhauled, the new moorings would 

fall outside the existing boundaries, 

resulting in moorings lying outside the 

charted areas. Similarly, the anchorage 

grounds designated in 33 CFR 110.212 

were originally used as temporary 

overflow anchorages, but are now used 

regularly. Harbor users have been 

accustomed to this placement for the 

last 10 years. 

The Mooring Master Plan 

Subcommittee of the City of Newport 

Harbor Commission led an outreach 

campaign involving a series of public 

meetings about aligning the anchorage 

regulations with actual harbor use 

patterns, and we understand that it did 

not receive any opposition from the 

waterway users. After these public 

meetings, the City of Newport asked the 

Coast Guard to amend its anchorage 

regulations. The Coast Guard therefore 

solicited public comment on proposed 

changes in the NPRM mentioned above. 

We received no comment on the 

proposal. 

Discussion of Changes 

The Coast Guard is finalizing the 

proposal without changes and 

realigning the anchorage boundaries in 

order to reflect the way the harbor 

currently is used. This rule removes 

§ 110.212 and the three anchorage 

grounds found therein (anchorages C–1, 

C–2, C–3). The area covered by those 

anchorages is incorporated into the 

special anchorage area regulations at 

§ 110.95. Anchorage C–1 is incorporated 

into area B–1 under revised § 110.95(m), 

and anchorages C–2 and C–3 is 

incorporated into area A–11 under 

revised § 110.95(k). An image of the 

anchorage areas is available in the 

docket. 

The enlargement of the special 

anchorage areas does not pose any 

waterway or navigational hazard, or 

restrict harbor use in any way. The 

Army Corps of Engineers has been 

consulted and did not have any 

opposition. We anticipate that this rule 

would have no impact on fishing or 

boating because the amendment adjusts 

the lines to fit the current layout of 

moorings in Newport Harbor. Small 

craft are not restricted in the harbor. 

Berthing and anchoring in Newport 

Harbor also is regulated by Orange 

County ordinance and the City of 

Newport’s municipal code. The 

enlargement of the special anchorages 

does not impact these laws; for the 

convenience of the reader we have 

included references pertaining to local 

municipal codes in the rule. 

Regulatory Analyses 

We developed this 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 rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. The Coast Guard is realigning 

anchorage boundaries in order to reflect 

the way the harbor currently is used. 

The enlargement of the anchorages does 

not restrict harbor use in any way. 

Small Entities 

Under the Regulatory Flexibility Act 

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

whether this rule will 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. 

(1) This rule may affect the following 

entities, some of which might be small 

entities: The owners or operators of 

commercial and recreational vessels 

intending to transit or anchor in the 

affected area. 

(2) The impact to these entities will 

not, however, be significant since this 

area will encompass only a small 

portion of the waterway and vessels can 

safely navigate around the anchored 

vessels. 

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). 


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Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Rules and Regulations 22491 

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 State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

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

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

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

more in any one year. Though this rule 

would not result in such expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

Taking of Private Property 

This rule does 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 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 

would not create an environmental risk 

to health or risk to safety that might 

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 will 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 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 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 that this action is one 

of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. An ‘‘Environmental 

Analysis Check List’’ and a categorical 

exclusion determination supporting this 

determination are available in the 

docket where indicated under 

ADDRESSES. This rule involves changing 

the size of special anchorage areas. 

List of Subjects in 33 CFR Part 110 

Anchorage grounds. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 110 as follows: 

PART 110—ANCHORAGE 

REGULATIONS 

■ 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(g); 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Revise § 110.95 to read as follows: 

§ 110.95 Newport Bay Harbor, Calif. 

(a) Area A–1. The entire water area 

within beginning at latitude 33°36′09.3′′ 

N., longitude 117°53′52.6′′ W.; thence to 

latitude 33°36′11.4′′ N., longitude 

117°53′51.2′′ W.; thence to latitude 

33°36′04.0′′ N., longitude 117°53′33.4′′ 

W.; thence to latitude 33°36′03.9′′ N., 

longitude 117°53′20.4′′ W.; thence to 

33°36′01.1′′ N., longitude 117°53′09.9′′ 

W.; thence to 33°36′01.1′′ N., longitude 

117°53′32.7′′ W.; thence to 33°36′03.9 

N., longitude 117°53′41.9′′ W.; returning 

to latitude 33°36′09.3′′ N., longitude 

117°53′52.6′′ W. 

(b) Area A–2. The entire water area 

within beginning at latitude 33°36′12.9′′ 

N., longitude 117°53′44.2′′ W; thence to 

latitude 33°36′14.2′′ N., longitude 

117°53′44.3′′ W.; thence to latitude 

33°36′14.2′′ N., longitude 117°53′20.6′′ 

W.; thence to latitude 33°36′10.8′′ N., 

longitude 117°53′20.5′′ W.; thence to 

latitude 33°36′12.7′′ N., longitude 

117°53′29.9′′ W.; thence to latitude 

33°36′12.7′′ N., longitude 117°53′35.4′′ 

W.; thence to latitude 33°36′12.9′′ N., 

longitude 117°53′37.0′′ W.; returning to 

latitude 33°36′12.9′′ N., longitude 

117°53′44.2′′ W. 

(c) Area A–3. The entire water area 

within beginning at latitude 33°36′22.7′′ 

N., longitude 117 54′12.6′′ W.; thence to 

latitude 33°36′24.9′′ N., longitude 

117°54′12.6′′ W.; thence to latitude 

33°36′26.2′′ N., longitude 117°54′11.3′′ 

W.; thence to latitude 33°36′18.7′′ N., 

longitude 117°54′00.5′′ W.; thence to 

latitude 33°36′16.2′′ N., longitude 

117°54′02.9′′ W.; returning to latitude 

33°36′22.7′′ N., longitude 117°54′12.6′′ 

W. 

(d) Area A–4. The entire water area 

within beginning at latitude 33°36′ 32.7′′ 

N., longitude 117°53′56.6′′ W.; thence to 

latitude 33°36′33.6′′ N., longitude 

117°53′56.6′′ W.; thence to latitude 

33°36′33.5′′ N., longitude 117°53′26.2′′ 

W.; thence to latitude 33°36′32.9′′ N., 


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22492 Federal Register / Vol. 77, No. 73 / Monday, April 16, 2012 / Rules and Regulations 

longitude 117°53′26.2′′ W.; thence to 

latitude 33°36′32.6′′ N., longitude 

117°53′33.8′′ W.; thence to latitude 

33°36′32.4′′ N., longitude 117°53′36.7′′ 

W.; thence to latitude 33°36′31.7′′ N., 

longitude 117°53′40.9′′ W.; thence to 

33°36′31.7′′ N., longitude 117°53′46.3′′ 

W.; thence to latitude 33°36′32.6′′ N., 

longitude 117°53′50.9′′ W.; returning to 

latitude 33°36′ 32.7′′ N., longitude 

117°53′56.6′′ W. 

(e) Area A–5. The entire water area 

within beginning at latitude 33°36′29.1′′ 

N., longitude 117°54′55.3′′ W.; thence to 

latitude 33°36′27.8′′ N., longitude 

117°54′55.8′′ W.; thence to latitude 

33°36′24.1′′ N., longitude 117°54′41.8′′ 

W.; thence to latitude 33°36′26.7′′ N., 

longitude 117°54′40.8′′ W.; thence to 

latitude 33°36′26.7′′ N., longitude 

117°54′46.3′′ W.; returning to latitude 

33°36′29.1′′ N., longitude 117°54′55.3′′ 

W. 

(f) Area A–6. The entire water area 

within beginning at latitude 33°36′43.3′′ 

N., longitude 117°54′26.4′′ W.; thence to 

latitude 33°36′51.7′′ N., longitude 

117°54′22.8′′ W.; thence to latitude 

33°36′51.4′′ N., longitude 117°54′21.5′′ 

W.; thence to latitude 33°36′42.9′′ N., 

longitude 117°54′25.2′′ W.; returning to 

latitude 33°36′43.3′′ N., longitude 

117°54′26.4′′ W. 

(g) Area A–7. The entire water area 

within beginning at latitude 33°36′32.1′′ 

N., longitude 117°55′12.5′′ W.; thence to 

latitude 33°36′37.7′′ N., longitude 

117°55′11.0′′ W.; thence to latitude 

33°36′35.1′′ N., longitude 117°55′01.3′′ 

W.; thence to latitude 33°36′30.4′′ N., 

longitude 117°55′02.6′′ W.; thence to 

latitude 33°36′31.2′′ N., longitude 

117°55′06.7′′ W.; returning to latitude 

33°36′32.1′′ N., longitude 117°55′12.5′′ 

W. 

(h) Area A–8. The entire water area 

within beginning at latitude 33°36′34.2′′ 

N., longitude 117°55′27.3′′ W.; thence to 

latitude 33°36′36.2′′ N., longitude 

117°55′26.7′′ W.; thence to latitude 

33°36′39.5′′ N., longitude 117°55′20.9′′ 

W.; thence to latitude 33°36′38.9′′ N., 

longitude 117°55′15.4′′ W.; thence to 

latitude 33°36′37.9′′ N., longitude 

117°55′11.7′′ W.; thence to latitude 

33°36′32.1′′ N., longitude 117°55′13.3′′ 

W.; returning to latitude 33°36′34.2′′ N., 

longitude 117°55′27.3′′ W. 

(i) Area A–9. The entire water area 

within beginning at latitude 33°36′53.5′′ 

N., longitude 117°55′28.2′′ W.; thence to 

latitude 33°36′54.0′′ N., longitude 

117°55′27.0′′ W.; thence to latitude 

33°36′43.4′′ N., longitude 117°55′20.4′′ 

W.; thence to latitude 33°36′42.9′′ N., 

longitude 117°55′21.6′′ W.; returning to 

latitude 33°36′53.5′′ N., longitude 

117°55′28.2′′ W. 

(j) Area A–10. The entire water area 

within beginning at latitude 33°36′07.4′′ 

N., longitude 117°53′19.2′′ W.; thence to 

latitude 33°36′14.2′′ N., longitude 

117°53′19.4′′ W.; thence to latitude 

33°36′14.2′′ N., longitude 117°53′06.9′′ 

W.; thence to latitude 33°36′08.1′′ N., 

longitude 117°53′04.9′′ W.; thence to 

latitude 33°36′06.5′′ N., longitude 

117°53′08.9′′ W.; thence to latitude 

33°36′06.5′′ N., longitude 117°53′16.3′′ 

W.; returning to latitude 33°36′07.4′′ N., 

longitude 117°53′19.2′′ W. 

(k) Area A–11. The entire water area 

within beginning at latitude 33°36′04.7′′ 

N., longitude 117°53′01.9′′ W.; thence to 

latitude 33°36′06.1′′ N., longitude 

117°53′00.5′′ W.; thence to latitude 

33°36′06.2′′ N., longitude 117°52′59.0′′ 

W.; thence to latitude 33°35′59.4′′ N., 

longitude 117°52′51.1′′ W.; thence to 

latitude 33°35′57.5′′ N., longitude 

117°52′50.9′′ W.; thence to latitude 

33°36′01.9′′ N., longitude 117°52′57.3′′ 

W.; thence to latitude 33°36′03.0′′ N., 

longitude 117°53′00.4′′ W.; returning to 

latitude 33°36′04.7′′ N., longitude 

117°53′01.9′′ W. 

(l) Area A–12. The entire water area 

within beginning at latitude 33°36′27.9′′ 

N., longitude 117°54′40.4′′ W.; thence to 

latitude 33°36′23.9′′ N., longitude 

117°54′41.8′′ W.; thence to latitude 

33°36′20.8′′ N., longitude 117°54′29.9′′ 

W.; thence to latitude 33°36′28.5′′ N., 

longitude 117°54′20.2′′ W.; returning to 

latitude 33°36′27.9′′ N., longitude 

117°54′40.4′′ W. 

(m) Area B–1. The entire water area 

within beginning at latitude 33°36′35.1′′ 

N., longitude 117°54′28.8′′ W.; thence to 

latitude 33°36′32.1′′ N., longitude 

117°54′22.1′′ W.; thence to latitude 

33°36′30.6′′ N., longitude 117°54′22.8′′ 

W; thence to latitude 33°36′30.5′′ N., 

longitude 117°54′30.9′′ W.; returning to 

latitude 33°36′35.1′′ N., longitude 

117°54′28.8′′ W. 

Note to § 110.95: These anchorage 

areas are reserved for recreational and 

other small craft. Local law, including 

the City of Newport Beach Municipal 

Code 17.25.020, may provide for fore 

and aft moorings for recreational and 

small craft of such size and alignment 

as permitted by the harbor master. 

■ 3. Remove § 110.212. 

Dated: April 1, 2012. 

J.R. Castillo, 

Rear Admiral, U.S. Coast Guard, District 

Eleven Commander. 

[FR Doc. 2012–9006 Filed 4–13–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2012–0144] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

Long Island, New York Inland 

Waterway from East Rockaway Inlet to 

Shinnecock Canal, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The Coast Guard is 

temporarily changing the drawbridge 

operating regulations governing the 

operation of the Atlantic Beach Bridge, 

mile 0.4, across Reynolds Channel at 

Lawrence, New York. The owner of the 

bridge has requested a temporary 

change to the regulations to facilitate 

major rehabilitation at the bridge. It is 

expected that this temporary change to 

the regulations will help facilitate the 

bridge rehabilitation. This interim rule 

is intended to better meet the present 

needs of navigation by allowing the 

bridge rehabilitation repairs to continue 

on schedule while providing the public 

the opportunity to submit comments. 

DATES: This interim rule is effective 

from April 23, 2012 through May 15, 

2013. Comments and related material 

must reach the Coast Guard on or before 

May 15, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2012–0144 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 interim rule, 


emcdonald on DSK29S0YB1PROD with RULES