[Federal Register Volume 87, Number 116 (Thursday, June 16, 2022)]
[Notices]
[Pages 36365-36366]
[FR Doc No: 2022-12976]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0332; FMCSA-2013-0124; FMCSA-2013-0125; FMCSA-
2017-0057; FMCSA-2017-0058; FMCSA-2020-0024]

Qualification of Drivers; Exemption Applications; Hearing

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to renew exemptions for 10
individuals from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these hard of hearing and deaf
individuals to continue to operate CMVs in interstate commerce.

DATES: The exemptions were applicable on May 15, 2022. The exemptions
expire on May 15, 2024.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
DOT, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-
0001. Office hours are from 8:30 a.m. to 5 p.m., ET, Monday through
Friday, except Federal holidays. If you have questions regarding
viewing or submitting material to the docket, contact Dockets
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number, FMCSA-2012-0332, FMCSA-2013-0124, FMCSA-2013-0125, FMCSA-2017-
0057, FMCSA-2017-0058, or FMCSA-2020-0024 in the keyword box, and click
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose
the first notice listed, and click ``Browse Comments.'' If you do not
have access to the internet, you may view the docket online by visiting
Dockets Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between
9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.
To be sure someone is there to help you, please call<PHONE_NUMBER> or
(202) 366-9826 before visiting Dockets Operations.

B. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption request. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.

II. Background

    On April 5, 2022, FMCSA published a notice announcing its decision
to renew exemptions for 10 individuals from the hearing standard in 49
CFR 391.41(b)(11) to operate a CMV in interstate commerce and requested
comments from the public (87 FR 19731). The public comment period ended
on May 5, 2022, and no comments were received.
    FMCSA has evaluated the eligibility of these applicants and
determined that renewing these exemptions would achieve a level of
safety equivalent to, or greater than, the level that would be achieved
by complying with Sec.  391.41(b)(11).
    The physical qualification standard for drivers regarding hearing
found in Sec.  391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5--1951.
    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing
aid, 35 FR 6458, 6463 (Apr. 22, 1970) and 36 FR 12857 (July 3, 1971).

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Conclusion

    Based upon its evaluation of the 10 renewal exemption applications,
FMCSA announces its decision to exempt the following drivers from the
hearing requirement in Sec.  391.41(b)(11).
    As of May 15, 2022, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following 10 individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers (87 FR 19731):

Dustin Bemesderfer (FL)
Marquarius Boyd (MS)
Thomas Jensen (IA)
William Larson (NC)
Michael Paasch (NE)
Jesus Perez (IL)
Michael Quinonez (NM)
Jonathan Ramirez (CA)
Byron Smith (TX)
Aldale Williamson (DC)

    The drivers were included in docket number FMCSA-2012-0332, FMCSA-
2013-0124, FMCSA-2013-0125, FMCSA-2017-0057, FMCSA-2017-0058, or FMCSA-
2020-0024. Their exemptions were applicable as of May 15, 2022 and will
expire on May 15, 2024.
    In accordance with 49 U.S.C. 31315(b), each exemption will be valid
for 2 years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (1) the person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315(b).

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-12976 Filed 6-15-22; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 77, Number 64 (Tuesday, April 3, 2012)]
[Proposed Rules]
[Pages 19957-19963]
[FR Doc No: 2012-7920]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100, 110, and 165

[Docket No. USCG-2012-0174]
RIN 1625-AA00, AA01, AA08, AA11, AA87

OPSAIL 2012 Virginia, Port of Hampton Roads, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes establishing temporary regulations in
the Port of Hampton Roads, Virginia for Operation Sail (OPSAIL) 2012
Virginia activities. This regulation is necessary to provide for the
safety of life on navigable waters before, during, and after OPSAIL
2012 Virginia events. This action is intended to restrict vessel
traffic movement in portions of Chesapeake Bay, Hampton Roads, the
James River and Elizabeth River.

DATES: Comments and related material must be received by the Coast
Guard on or before May 3, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0174 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (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<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Dennis Sens, Prevention Division, Fifth Coast Guard
District; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you
have questions on viewing or submitting material to the docket, call
Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-
9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0174), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number (USCG-2012-0174) in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2012-0174) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket

Folder on the line associated with this rulemaking. You may also visit
the Docket Management Facility in Room W12-140 on the ground floor of
the Department of Transportation West Building, 1200 New Jersey Avenue
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. We have an agreement with the
Department of Transportation to use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.

Basis and Purpose

    Operation Sail, Inc. is sponsoring OPSAIL 2012 Virginia in the Port
of Hampton Roads. Planned events include the scheduled arrival of U.S.
and foreign naval vessels, public vessels, tall ships and other vessels
on June 6, 2012 and June 8, 2012; the scheduled departure of those
vessels on June 12, 2012; and three fireworks displays on June 9, 2012
with a rain date of June 10, 2012.
    The Coast Guard anticipates a large spectator fleet for these
events. Vessel operators should expect significant congestion along the
OPSAIL parade route and viewing areas for fireworks displays.
    The purpose of these regulations is to promote maritime safety and
protect participants and the boating public in the Port of Hampton
Roads immediately prior to, during, and after the scheduled events. The
regulations provide clear passage and a safety buffer around
participating vessels along the parade route while they are in transit,
enhancing safety of participant and spectator vessels. The regulations
also establish areas where vessels shall proceed at the minimum speed
necessary that minimizes wake along the parade route and modifies
existing anchorage regulations for the benefit of participants and
spectators. These proposed regulations will provide a safety buffer
around the planned fireworks displays. The regulations will impact the
movement of all vessels operating in the specified areas of the Port of
Hampton Roads.
    The Coast Guard proposes to establish safety and security zones as
a part of these regulations to safeguard dignitaries and certain
vessels participating in the event. The Coast Guard will implement and
enforce safety zones as specified in this regulation. The details of
the safety zones outlined in this regulation will also be announced
separately via Local Notice to Mariners, Safety Voice Broadcasts, and
by other public media outlets.
    Vessel operators are also reminded that Norfolk Naval Base will be
strictly enforcing the existing restricted area defined at 33 CFR
334.300 during all of the events.
    All vessel operators and passengers are reminded that vessels
carrying passengers for hire or that have been chartered and are
carrying passengers may have to comply with certain additional rules
and regulations beyond the safety equipment requirements for all
pleasure craft. When a vessel is not being used exclusively for
pleasure, but rather is engaged in carrying passengers for hire or has
been chartered and is carrying the requisite number of passengers, the
vessel operator must possess an appropriate license and the vessel may
be subject to inspection. The definition of the term ``passenger for
hire'' is found in 46 U.S.C. 2101(21a). In general, it means any
passenger who has contributed any consideration (monetary or otherwise)
either directly or indirectly for carriage onboard the vessel. The
definition of the term ``passenger'' is found in 46 U.S.C. 2101(21). It
varies depending on the type of vessel, but generally means individuals
carried aboard vessels except for certain specified individuals engaged
in the operation of the vessel or the business of the owner/charterer.
The law provides for substantial penalties for any violation of
applicable license and inspection requirements. If you have any
questions concerning the application of the above law to your
particular case, you should contact the Coast Guard at the address
listed in ADDRESSES for additional information.
    Vessel operators are reminded they must have sufficient facilities
on board their vessels to retain all garbage and untreated sewage.
Discharge of either into any waters of the United States is strictly
forbidden. Violators may be assessed civil penalties up to $40,000 or
face criminal prosecution.
    We recommend that vessel operators visiting the Port of Hampton
Roads for this event obtain up to date editions of the following charts
of the area: NOS. 12222, 12245, 12253, and 12254 to avoid anchoring
within a charted cable or pipeline area.
    With the arrival of OPSAIL 2012 Virginia participants and spectator
vessels in the Port of Hampton Roads for this event, it will be
necessary to curtail normal port operations to some extent.
Interference will be kept to the minimum considered necessary to ensure
the safety of life on the navigable waters immediately before, during,
and after the scheduled events.

Discussion of Proposed Rule

    The vessels involved in the Parades of Sail are scheduled to arrive
in the Captain of the Port (COTP) Hampton Roads Zone, as described in
33 CFR 3.25-10, on June 6, 2012 and June 8, 2012, following a route
that includes specified waters of the Chesapeake Bay, Hampton Roads,
James River, and Elizabeth River. The vessels involved in Parades of
Sail are scheduled to depart the COTP Hampton Roads Zone on June 12,
2012, following a route that includes specified waters of the
Chesapeake Bay, Hampton Roads, James River and Elizabeth River
    The safety of marine parade participants and spectators will
require that spectator craft be kept at a safe distance from the parade
routes during vessel movement. The Coast Guard proposes closing the
arrival parade route to all vessels not involved in the Parades of Sail
for the duration of events on June 6 and 8, 2012. The arrival parade
route has been segmented in this rulemaking to facilitate the earliest
possible reopening of the waterway once all OPSAIL 2012 Virginia
vessels have cleared a particular segment of the route, but portions of
the Elizabeth River will remain closed until all of the OPSAIL 2012
Virginia vessels are safely moored at their assigned berths.
    The departure parade route will also require that spectator craft
be kept at a safe distance during vessel movement, we propose to
establish a temporary moving safety zone around Parade of Sail vessels
greater than 100 feet in length overall, while operating in the
navigable waters of the Chesapeake Bay or its tributaries, north of
latitude 36[deg]55'00'' N and south of the Virginia-Maryland border.
This action is necessary to ensure the safety of participants and
spectators immediately prior to, during, and following the OPSAIL 2012
activities.

    In addition to closing the parade route, we propose to establish
Vessel Traffic Control Points to control the flow of spectator vessel
traffic immediately prior to and during the parades and fireworks
display. Vessel Traffic Control Points will be established on specified
areas of the Chesapeake Bay, Hampton Roads, James River and Elizabeth
River.
    The Coast Guard also intends to temporarily modify the existing
anchorage regulations found at 33 CFR Sec. 110.168 to accommodate
OPSAIL 2012 Virginia participants and spectator vessels. Spectator
vessels will be allowed to anchor in Anchorage E and Anchorage F during
the arrival and departure parades of sail. Anchorage K will be closed
to all vessels, except large spectator vessels.
    The regulations for the Regulated Navigation Area defined in 33 CFR
165.501 will also be temporarily modified for the OPSAIL 2012 Virginia
event. Draft limitations for vessels using Thimble Shoal Channel will
be waived for OPSAIL 2012 Virginia vessels; and vessels will be
required to proceed at the minimum speed necessary that minimizes wake
within the regulated navigation area, as defined in 33 CFR 165.501,
during the Parades of Sail.
    Coast Guard Captain of the Port will give notice of the enforcement
of each regulated area and safety zone by all appropriate means to
provide the widest dissemination of notice among the affected segments
of the public. This will include publication in the Local Notice to
Mariners and Marine Information Broadcasts. Marine information and
facsimile broadcasts may also be made for these events, beginning 24 to
48 hours before the event.
    Due to the need to protect mariners and spectators from the hazards
associated with the fireworks display, such as the accidental discharge
of fireworks, dangerous projectiles, and falling hot embers or other
debris, the Coast Guard also intends to implement a safety zone from 9
p.m. to 11 p.m. on June 9, 2012 with a rain date from 9 p.m. to 11 p.m.
on June 10, 2012.
    The regulations contained within this proposed rule are not
intended to affect existing Naval Vessel Protection Zone regulations
described in Title 33 CFR Part 165 (Subpart G).

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 14 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The primary impact of
these regulations will be on vessels wishing to transit the affected
waterways during OPSAIL 2012 Virginia vessels arrival beginning on June
6, 2012, June 8, 2012, their departure ending on June 12, 2012 and
during the fireworks display on June 9, 2012. Although these
regulations prevent traffic from transiting a portion of the Chesapeake
Bay, Thimble Shoals Channel, Hampton Roads, James River and Elizabeth
River during these events, that restriction is limited in duration,
affects only a limited area, and will be well publicized to allow
mariners to make alternative plans for transiting the affected area.
Moreover, the magnitude of the event itself will limit or prevent
transit of the waterway. These regulations are designed to ensure such
transit is conducted in a safe and orderly fashion.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities. This proposed rule would affect the following entities,
some of which might be small entities: the owners or operators of
vessels intending to operate or anchor in portions of the Chesapeake
Bay, Thimble Shoals Channel, Hampton Roads, James River and Elizabeth
River, in Virginia. The regulations would not have a significant impact
on a substantial number of small entities for the following reasons:
the restrictions are limited in duration, affect only limited areas,
and will be well publicized to allow mariners to make alternative plans
for transiting the affected areas.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Dennis Sens, Prevention
Division, Fifth Coast Guard District; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>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 power and
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. This proposed rule would
temporarily change who can use various anchorages, establish temporary
safety and security zones, and establish temporary special local
regulations in conjunction with a marine event of national
significance. These activities are categorically excluded from further
environmental analysis under figure 2-1, paragraphs (34)(f), (g), and
(h) of the Instruction. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule. A preliminary environmental analysis checklist and a
categorical exclusion determination are available in the docket where
indicated under ADDRESSES.

List of Subjects

33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

33 CFR Part 110

    Anchorage grounds.

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR Parts 100, 110, and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 continues to read as
follows:

    Authority:  33 U.S.C. 1233.

    2. Add a temporary Sec.  100.35T-05-0174 to read as follows:

Sec.  100.35T-05-0174  Special Local Regulations; OPSAIL 2012 Virginia,
Port of Hamptons, VA.

    (a) Definitions. (1) Captain of the Port Representative means any
U.S. Coast Guard commissioned, warrant or petty officer who has been
authorized by the Captain of the Port, Hampton Roads, Virginia to act
on their behalf.
    (2) Official Patrol Vessel includes all U.S. Coast Guard, public,
state, county or local law enforcement vessels assigned and/or approved
by the Captain of the Port, Hampton Roads, Virginia.
    (3) Parades of Sail Vessel include all vessels participating in
OPSAIL 2012 Virginia under the auspices of the U.S. Department of
Homeland Security Application for Marine Event, Form CG-4423, for
OPSAIL 2012 Virginia activities in the Port of Hampton Roads, Virginia
approved by the Captain of the Port, Hampton Roads.
    (4) Parade of Sail arrivals is the movement of Parades of Sail
vessels in orderly succession as they navigate designated routes in the
Port of Hampton Roads, Virginia while inbound to the Port of Hampton
Roads, Virginia on June 6, 2012 and June 8, 2012.
    (5) Parade of Sail departure is the movement of Parades of Sail
vessels in orderly succession as they navigate designated departure
routes from the Port of Hampton Roads, Virginia to Baltimore, Maryland
on June 12, 2012.
    (6) Spectator Vessel includes any vessel, commercial or
recreational, being used for pleasure or carrying passenger that is in
the Port of Hampton Roads to observe part or all of the OPSAIL 2012
Virginia events.
    (7) Large Spectator Vessel includes any spectator vessel 60 feet or
greater in length with a passenger capacity of 50 persons or greater.
    (8) Vessel Traffic Control Point means a designated point which
vessel traffic may not proceed past in either inbound or outbound
direction without permission of the Captain of the Port.
    (b) Regulated Areas. The following Vessel Traffic Control Points
are established as special local regulations during OPSAIL 2012
Virginia in the Port of Hampton Roads, Virginia. All coordinates
reference Datum NAS 1983:
    (1) Elizabeth River, Western Branch along a line drawn across the
Elizabeth River, Western Branch, at the West Norfolk Bridge, located at
36[deg]51'31'' N 076[deg]20'54'' W thence to 36[deg]51'16'' N
076[deg]20'38'' W.
    (2) Elizabeth River, Eastern Branch along a line drawn across the
Elizabeth River, Eastern Branch, at the Berkley Bridge, located at
36[deg]50'33'' N

076[deg]17'11'' W thence to 36[deg]50'27'' N 076[deg]17'12'' W.
    (3) Elizabeth River, Southern Branch along a line drawn across the
Elizabeth River, Southern Branch, at the Jordan Bridge, located at
36[deg]48'29'' N 076[deg]17'30'' W thence to 36[deg]48'32'' N
076[deg]17'17'' W.
    (4) James River along a line drawn across the James River at the
Monitor-Merrimac Bridge/Tunnel, located at 36[deg]57'32'' N
076[deg]24'36'' W thence to 36[deg]56'54'' N 076[deg]24'18'' W.
    (5) Chesapeake Bay, Hampton Roads, Hampton Bar, along a line drawn
from the Old Point Comfort Light (LLNR 9380) to Fort Wool Light (LLNR
9385), located at 37[deg]00'03'' N 076[deg]18'24'' W thence to
36[deg]59'14'' N 076[deg]18'10'' W.
    (6) Elizabeth River along a line drawn from Elizabeth River Channel
Lighted Buoy 20 (LLNR 9620) to Lafayette River Channel Light 2 (LLNR
10660), located at 36[deg]53'33'' N 076[deg]20'15'' W thence to
36[deg]53'36'' N 076[deg]19'27'' W.
    (7) Elizabeth River along a line drawn from Elizabeth River Channel
Lighted Buoy 29 (LLNR 9715) to Elizabeth River Channel Lighted Buoy 30
(LLNR 9735), located at 36[deg]52'13'' N 076[deg]19'44'' W thence to
36[deg]52'02'' N 076[deg]19'41'' W.
    (8) Elizabeth River along a line drawn from Elizabeth River Channel
Lighted Buoy 36 (LLNR 9900), located at 36[deg]50'49.7'' N
076[deg]17'58.7'' W thence to the southeast corner of Hospital Point,
approximate position latitude 36[deg]50'51'' N, longitude
076[deg]18'09'' W.
    (9) Elizabeth River, Southern Branch along a line drawn across the
Elizabeth River, Southern Branch, at the Downtown Tunnel, located at
36[deg]49'57.3'' N 076[deg]17'44.5'' W thence to 36[deg]50'00.3'' N
076[deg]17'35.4'' W.
    (c) Notification. (1) Coast Guard Captain of the Port will notify
the public of the enforcement of these safety zones by all appropriate
means to affect the widest publicity among the affected segments of the
public. Publication in the Local Notice to Mariners, marine information
broadcasts, and facsimile broadcasts may be made for these events,
beginning 24 to 48 hours before the event is scheduled to begin, to
notify the public.
    (2) Contact Information. Questions about safety zones and related
events should be addressed to the Coast Guard Captain of the Port.
Contact Coast Guard Sector Hampton Roads--Captain of the Port Zone,
Norfolk, Virginia:<PHONE_NUMBER>.
    (d) Special Local Regulations. (1) Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area.
    (2) The operator of any vessel in the regulated area shall: (i)
Stop the vessel immediately when directed to do so by an Official
Patrol.
    (ii) Proceed as directed by any official patrol.
    (iii) The operator of any vessel shall proceed at the minimum speed
necessary to maintain a safe course that minimizes wake in or near the
regulated area.
    (e) Enforcement Period: This regulation will be enforced on June 6,
8, 9, and 12, 2012.

PART 110--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 110 continues to read as
follows:

    Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071;
33 CFR 1.05-1; Department of Homeland Security Delegation No.
0170.1.

    2. In section 110.168, temporarily suspend paragraphs (e)(2),
(e)(3), and (e)(6).
    3. Add temporary Sec.  110.168T to read as follows:

Sec.  110.168T  Temporary Amendment Anchorages in Hampton Roads,
Virginia and adjacent waters (Datum: NAD 83).

    (a) The regulations in this temporary section are supplemental to
the regulations in 33 CFR 110.168.
    (b) Definitions. As used in this section--
    (1) Captain of the Port Representative means any U.S. Coast Guard
commissioned, warrant or petty officer who has been authorized by the
Captain of the Port, Hampton Roads, Virginia to act on his behalf.
    (2) Official Patrol Vessel includes all U.S. Coast Guard, public,
state, county or local law enforcement vessels assigned and/or approved
by the Captain of the Port, Hampton Roads, Virginia.
    (3) Parades of Sail Vessel includes all vessels participating in
OPSAIL 2012 Virginia under the auspices of the U.S. Department of
Homeland Security Application for Marine Event, CG-4423, for the OPSAIL
2012 Virginia activities in the Port of Hampton Roads, Virginia
approved by the Captain of the Port, Hampton Roads.
    (4) Parade of Sail Arrivals is the movement of Parades of Sail
vessels in orderly succession as they navigate designated routes in the
Port of Hampton Roads, Virginia while inbound to the Port of Hampton
Roads, Virginia on June 6, 2012 and June 8, 2012.
    (5) Parade of Sail Departure is the movement of Parades of Sail
vessels in orderly succession as they navigate designated departure
routes from the Port of Hampton Roads, Virginia to Baltimore, Maryland
on June 12, 2012.
    (6) Spectator Vessel includes any vessel, commercial or
recreational, being used for pleasure or carrying passenger that is in
the Port of Hampton Roads to observe part or all of the OPSAIL 2012
Virginia events.
    (7) Large Spectator Vessel includes any spectator vessel 60 feet or
greater in length with a passenger capacity of 50 persons or greater.
    (8) Vessel Traffic Control Point means a designated point which
vessel traffic may not proceed past in either inbound or outbound
direction without permission of the Captain of the Port.
    (c) [RESERVED]
    (d) [RESERVED]
    (e) The following modifications apply to Anchorage areas E, F and
K. These modifications replace the temporarily suspended regulations in
33 CFR 110.168 paragraphs (e)(2), (e)(3), and (e)(6).
    (1) [RESERVED]
    (2) Anchorage E. Only Spectator Vessels may anchor in Anchorage E.
    (3) Anchorage F. Only Spectator Vessels may anchor in Anchorage F.
    (4) [RESERVED]
    (5) [RESERVED]
    (6) Anchorage K. Only Large Spectator Vessels may anchor in
Anchorage K.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as
follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

    2. Add a temporary Sec.  165.501T-05-0174 to read as follows:

Sec.  165.501T-05-0174  Chesapeake Bay entrance and Hampton Roads, VA
and adjacent waters--Regulated Navigation Area.

    (a) The regulations in this temporary section are supplemental to
the regulations in 33 CFR 110.168.
    (b) Definitions. In this section:
    (1) Official Patrol Vessel includes all U.S. Coast Guard, public,
state, county or local law enforcement vessels assigned and/or approved
by the Captain of the Port, Hampton Roads, Virginia.
    (2) Parade of Sail Vessel includes all vessels participating in
OPSAIL 2012 Virginia under the auspices of the U.S. Department of
Homeland Security Application for Marine Event, CG-4423, for the OPSAIL
2012 Virginia activities

in the Port of Hampton Roads, Virginia approved by the Captain of the
Port, Hampton Roads.
    (3) Parade of Sail Arrivals is the movement of Parades of Sail
vessels in orderly succession as they navigate designated routes in the
Port of Hampton Roads, Virginia while inbound to the Port of Hampton
Roads, Virginia on June 6, 2012 and June 8, 2012.
    (4) Parade of Sail Departure is the movement of Parades of Sail
vessels in orderly succession as they navigate designated departure
routes from the Port of Hampton Roads, Virginia to Baltimore, Maryland
on June 12, 2012.
    (5) Spectator Vessel includes any vessel, commercial or
recreational, being used for pleasure or carrying passenger that is in
the Port of Hampton Roads to observe part or all of the OPSAIL 2012
Virginia events.
    (6) Large Spectator Vessel includes any Spectator Vessel 60 feet or
greater in length with a passenger capacity of 50 persons or greater.
    (7) Vessel Traffic Control Point means a designated point which
vessel traffic may not proceed past in either inbound or outbound
direction without permission of the Captain of the Port.
    (c) [RESERVED]
    (d) Vessels participating in OPSAIL 2012 Virginia Parades of Sail
are exempt from the regulations of 165.501(d)(4).
    (e) [RESERVED]
    (f) [RESERVED]
    (g) Regulated Navigation Area for OPSAIL 2012 Virginia. During
parades of sail, after firework displays, and any other time deemed
necessary for safety and security by the Captain of the Port, Hampton
Roads, vessels shall operate at the minimum speed required to maintain
steerage and shall avoid creating a wake when operating within the
Regulated Navigation Area, as defined in 33 CFR 165.501.
    (h) Regulated areas. The following locations are a moving safety
zone: (1) All waters within 500 yards of any OPSAIL 2012 vessel which
is greater than 100 feet in length, while operating in the navigable
waters of the Chesapeake Bay or its tributaries, south of the Maryland-
Virginia border and north of latitude 36[deg]55'00'' N. Vessels must
operate at minimum speed within 500 yards of any OPSAIL 2012 vessel and
proceed as directed by the official patrol commander.
    (2) All waters within 100 yards of any OPSAIL 2012 vessel which is
greater than 100 feet in length overall, while operating in the
navigable waters of the Chesapeake Bay or its tributaries, south of the
Maryland-Virginia border and north of latitude 36[deg]55'00'' N.
Vessels shall not approach within 100 yards any OPSAIL vessel. If a
vessel needs to pass within 100 yards of an OPSAIL 2012 vessel in order
to ensure safe passage in accordance with the Navigation Rules, the
vessel must contact the Coast Guard patrol commander on VHF-FM marine
band radio channel 13 (165.65MHz) or channel 16 (156.8 MHz).
    3. Add a temporary Sec.  165T05-0174 to read as follows:

Sec.  165T05-0174  Safety Zone; OPSAIL 2012 Virginia, Port of Hampton,
VA.

    (a) Regulated Area. The following areas are safety zones. All
coordinates listed reference Datum NAD 1983.
    (1) OPSAIL Parade of Sail Route Segments. Regulated waters enclosed
by the following lines: (i) Segment One. All waters bounded by a line
connecting the Chesapeake Bay Entrance Lighted Whistle Buoy CH (LLNR
405) to Thimble Shoal Channel Lighted Bell Buoy 1TS (LLNR 9205), thence
to Thimble Shoal Channel Lighted Bell Buoy 9 (LLNR 9255), thence to
Thimble Shoal Channel Lighted Bell Buoy 10 (LLNR 9260), thence to
Thimble Shoal Channel Lighted Buoy 2 (LLNR 9210), thence to the
beginning.
    (ii) Segment Two. All waters bounded by a line connecting Thimble
Shoal Channel Lighted Bell Buoy 9 (LLNR 9255), thence to Thimble Shoal
Channel Lighted Gong Buoy 17 (LLNR 9295), thence to Fort Wool Light
(LLNR 9385), thence to Old Point Comfort Light (LLNR 9380), thence to
Thimble Shoal Channel Lighted Buoy 22 (LLNR 9320), thence to Thimble
Shoal Channel Lighted Buoy 18 (LLNR 9300), thence to Thimble Shoal
Channel Lighted Buoy 10 (LLNR 9260), thence to the beginning.
    (iii) Segment Three. All waters bounded by a line connecting Fort
Wool Light (LLNR 9385), thence to Elizabeth River Channel Lighted Buoy
1ER (LLNR 9445), thence to Elizabeth River Channel Lighted Bell Buoy 3
(LLNR 9465), thence to Elizabeth River Channel Lighted Gong Buoy 5
(LLNR 9470), thence to Elizabeth River Channel Lighted Buoy 7 (LLNR
9475), thence to Elizabeth River Channel Lighted Buoy 9 (LLNR 9515),
thence to Elizabeth River Channel Lighted Buoy 11 (LLNR 9525), thence
to Elizabeth River Channel Lighted Buoy 15 (LLNR 9545), thence to
Elizabeth River Channel Lighted Gong Buoy 17 (LLNR 9595), thence to
Elizabeth River Channel Lighted Buoy 19 (LLNR 9605), thence to
Lafayette River Channel Light 2 (LLNR 10660), thence to Elizabeth River
Channel Lighted Buoy 20 (LLNR 9620), thence to Elizabeth River Channel
Lighted Buoy 18 (LLNR 9600), thence to Elizabeth River Channel Lighted
Buoy 14 (LLNR 9540), thence to Elizabeth River Channel Lighted Buoy 12
(LLNR 9530), thence to Elizabeth River Channel Lighted Bell Buoy 10
(LLNR 9520), thence to Elizabeth River Channel Lighted Buoy 8 (LLNR
9500), thence to Newport News Channel Lighted Buoy 2 (LLNR 10840),
thence to Old Point Comfort Light (LLNR 9380), thence to the beginning.
    (iv) Segment Four. All waters bounded by a line connecting
Elizabeth River Channel Lighted Buoy 20 (LLNR 9620), thence to
Elizabeth River U.S. Navy Deperming Range Sound Signal (LLNR 9725),
thence to Elizabeth River Channel Lighted Buoy 30 (LLNR 9735), thence
to Elizabeth River Channel Lighted Buoy 32 (LLNR 9840), thence to
Elizabeth River Channel Lighted Buoy 36 (LLNR 9900), thence following
the shoreline to the western terminus of the Jordan Bridge, thence to
the eastern terminus of the Jordan Bridge shoreline, thence following
the shoreline to the southern terminus of the Berkley Bridge, thence to
the northern terminus of the Berkley Bridge, thence following the
shoreline to Elizabeth River Channel Lighted Buoy 33 (LLNR 9850),
thence to Elizabeth River Channel Buoy 31 (LLNR 9835), thence to
Elizabeth River Channel Lighted Buoy 29 (LLNR 9715), thence to
Elizabeth River Channel Lighted Buoy 25 (LLNR 9710), thence to
Elizabeth River Channel Lighted Buoy 21 (LLNR 9625), thence to
Lafayette River Channel Light 2 (LLNR 10660), thence to the beginning.
    (b) Regulated Area. The following area is a safety zone. All
coordinates listed reference Datum NAD 1983.
    (1) Fireworks Display Safety Zone: Regulated waters enclosed by the
following lines: (i) All waters bounded by a line connecting Elizabeth
River Channel Lighted Buoy 20 (LLNR 9620), thence to Elizabeth River
U.S. Navy Deperming Range Sound Signal (LLNR 9725), thence to Elizabeth
River Channel Lighted Buoy 30 (LLNR 9735), thence to Elizabeth River
Channel Lighted Buoy 32 (LLNR 9840), thence to Elizabeth River Channel
Lighted Buoy 36 (LLNR 9900), thence following the shoreline to the
western terminus of the Jordan Bridge, thence to the eastern terminus
of the Jordan Bridge shoreline, thence following the shoreline to the
southern terminus of the Berkley Bridge, thence to the northern
terminus of the Berkley Bridge, thence following the shoreline to
Elizabeth River Channel Lighted Buoy 33 (LLNR 9850), thence to
Elizabeth River Channel Buoy 31 (LLNR 9835), thence to Elizabeth River
Channel Lighted Buoy 29 (LLNR 9715), thence to Elizabeth River Channel
Lighted Buoy 25 (LLNR 9710), thence to

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:<PHONE_NUMBER>.
    (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<PHONE_NUMBER>.
    (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