[Federal Register Volume 77, Number 108 (Tuesday, June 5, 2012)]
[Rules and Regulations]
[Pages 33089-33094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13404]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket Number USCG-2012-0174]
RIN 1625-AA00, AA08, AA11


OPSAIL 2012 Virginia, Port of Hampton Roads, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is 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: This rule is effective from June 6, 2012 to June 12, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0174]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Dennis Sens, Prevention Division, Fifth Coast Guard 
District; (757) 398-6204, email [email protected]. 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:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On April 3, 2012, we published a notice of proposed rulemaking 
(NPRM) entitled ``OPSAIL 2012 Virginia, Port of Hampton Roads, VA'' in 
the Federal Register (77 FR 19957). We received no comments on the 
proposed rule. No public meeting was requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Due to the need for immediate 
action, the restriction of vessel traffic is necessary to protect life, 
property and the environment; therefore, a 30-day notice is 
impracticable. Delaying the effective date would be contrary to the 
regulations intended objectives of protecting persons and vessels, and 
enhancing public and maritime safety.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish

[[Page 33090]]

special local regulations, regulated navigation areas, and other 
limited access areas: 33 U.S.C. 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, 6.04-1, 6.04-6, 
160.5; Public Law 107-295, 116 Stat. 2064; Department of Homeland 
Security Delegation No. 0170.1.
    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 temporarily 
modifies use of existing anchorages for the benefit of participants and 
spectators. These regulations 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 will establish safety 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 be announced separately via Local 
Notice to Mariners, Safety Voice Broadcasts, and by other public media 
outlets.
    Vessel operators are reminded that Norfolk Naval Base will be 
strictly enforcing the existing restricted area defined at 33 CFR 
334.300 during all OPSAIL 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.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard did not receive comments in response to the notice 
of proposed rulemaking (NPRM) published in the Federal Register. 
Accordingly, the Coast Guard is establishing special local regulations 
and safety zones on the specified navigable waters listed in this 
regulation.

D. 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.

1. 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. The primary impact of 
these regulations will be on vessels desiring 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 manner.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The Coast Guard 
received no comments from the Small Business Administration on this 
rule. 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 would affect the following entities, some of which 
might be small entities: the owners or operators of vessels intending 
to transit or anchor in portions of the Chesapeake Bay, Thimble Shoals 
Channel, Hampton Roads, James River and Elizabeth River, in Virginia 
during various time periods on June 6, June 8, June 9 and June 12, 
2012. The regulations would not have a significant impact on a 
substantial number of small entities for the

[[Page 33091]]

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.
    (2) The special local regulations, regulated navigation areas and 
safety zones specified in this regulation will not have a significant 
economic impact on a substantial number of small entities for the 
following reasons. The regulated areas would be activated, and thus 
subject to enforcement, for only the minimum time necessary to 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. Although the safety zone would apply 
to the entire width of the river, traffic may be allowed to pass 
through the zone with the permission of the Captain of the Port. Before 
the activation of regulated areas or safety zones, we would issue 
maritime advisories widely available to users of the affected waterway.

3. 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 rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. 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.

6. 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.

7. 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 will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves implementation of regulations at 33 CFR 
part 100 and part 165 that apply to organized marine events on the 
navigable waters of the United States that may impact on the safety or 
other interest of waterway users and shore side activities in the event 
area. These regulations are necessary to provide for the safety of the 
general public and event participants from potential hazards associated 
with movement of vessels near the event area. This rule involves 
establishing special local regulations and safety zones issued in 
conjunction with a OPSAIL 2012 Virginia a marine event.
    This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves establishing temporary 
safety zones. An environmental analysis checklist and a categorical 
exclusion determination are available in the docket where indicated 
under ADDRESSES.
    Additionally, this rule involves establishing special local 
regulations issued in conjunction with a marine event, as described in 
figure 2-1, paragraph (34)(h), of the Instruction. Under figure 2-1, 
paragraph (34)(h), of the Instruction, an environmental analysis 
checklist and categorical exclusion determination are not required for 
this rule.
    We seek any comments or information that may lead to the discovery 
of a

[[Page 33092]]

significant environmental impact from this rule.

List of Subjects

33 CFR Part 100

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

33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.


0
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 Hampton Roads, 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: (757) 483-8567.
    (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 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
3. The authority citation for part 165 continues to read as follows:

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


0
4. Add a temporary Sec.  165.T05-0174 to read as follows:


Sec.  165.T05-0174  Chesapeake Bay entrance and Hampton Roads, VA and 
adjacent waters--Regulated Navigation Area.

    (a) Regulations in this temporary section are supplemental to the 
regulations in 33 CFR 165.501. All coordinates listed reference Datum 
NAD 1983.
    (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.

[[Page 33093]]

    (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) Vessels participating in OPSAIL 2012 Virginia Parades of Sail 
are exempt from the regulations of Sec.  165.501(d)(4).
    (d) 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 this regulation. During the 
enforcement period a regulated navigation area will be established for 
spectator vessel anchorage. Spectator vessel anchoring will preempt use 
of these areas by other vessels.
    (1) Chesapeake Bay near Thimble Shoals channel, all waters bounded 
by a line connecting the following points latitude 36[deg]59'59.2'' N 
Longitude 76[deg]13'45.8'' W, thence to latitude 36[deg]59'08.7'' N 
longitude 76[deg]10'32.6'' W, thence to 36[deg]58'13.5'' longitude N 
76[deg]10'50.6'' W, thence to latitude 36[deg]59'02.5'' N longitude 
76[deg]14'08.9'' W, thence to point of origin.
    (2) Hampton Roads, Hampton Bar, all waters bounded by a line 
connecting the following points latitude 36[deg]59'25.5'' N longitude 
76[deg]20'05.8'' W, thence to latitude 36[deg]59'52.1'' N longitude 
76[deg]19'10.8'' W, thence to latitude 36[deg]59'25.7'' N longitude 
76[deg]18'47.3'' W, thence to latitude 36[deg]58'49.6'' N longitude 
76[deg]19'32.6'' W, thence to point of origin.
    (3) Newport News Middle Ground, all waters bounded by a line 
connecting the following points latitude 36[deg]57'56.4'' N longitude 
76[deg]20'30.5'' W, thence to latitude 36[deg]57'08.5'' N longitude 
76[deg]20'31.0'' W, thence to latitude 36[deg]56'48.8'' N longitude 
76[deg]20'22.5'' W, thence to latitude 36[deg]56'45.0'' N longitude 
76[deg]20'32.0'' W, thence to latitude 36[deg]56'45.0'' N longitude 
76[deg]21'37.7'' W, thence to latitude 36[deg]57'14.1'' N longitude 
76[deg]23'29.1'' W, thence to latitude 36[deg]57'28.1'' N longitude 
76[deg]21'11.7'' W, thence to point of origin.
    (e) 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 100 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 of 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).
    (f) Safety Zone. The following areas are safety zones. OPSAIL 
Parade of Sail Route Segments. Regulated waters enclosed by the 
following lines:
    (1) 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.
    (2) 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.
    (3) 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.
    (4) 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

[[Page 33094]]

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.
    (g) Regulated Area. The following area is a safety zone. Fireworks 
Display Safety Zone: Regulated waters enclosed by the following lines: 
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.
    (h) Notification. (1) Coast Guard Captain of the Port will notify 
the public of the enforcement of these safety zones by all appropriate 
means to affect the widest publicity among the affected segments of the 
public. Publication in the Local Notice to Mariners, marine information 
broadcasts, and facsimile broadcasts may be made for these events, 
beginning 24 to 48 hours before the event is scheduled to begin, to 
notify the public.
    (2) Contact Information. Questions about safety zones and related 
events should be addressed to the Coast Guard Captain of the Port. 
Contact Coast Guard Sector Hampton Roads--Captain of the Port Zone, 
Norfolk, Virginia: (757) 483-8567.
    (i) Regulations: (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into these zones is prohibited unless 
authorized by the Captain of the Port, Hampton Roads or his designated 
representatives.
    (2) The operator of any vessel in the immediate vicinity of this 
safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant or petty officer on shore or on board a vessel 
that is displaying a U.S. Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty 
officer on shore or on board a vessel that is displaying a U.S. Coast 
Guard Ensign.
    (3) The Captain of the Port, Hampton Roads can be reached through 
the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia 
at telephone Number (757) 668-5555.
    (4) The Coast Guard Representatives enforcing the safety zone can 
be contacted on VHF-FM marine band radio channel 13 (165.65MHz) or 
channel 16 (156.8 MHz).
    (j) Enforcement Period. This regulation will be enforced June 6, 8, 
9, and 12, 2012.

    Dated: May 17, 2012.
Steven H. Ratti,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2012-13404 Filed 6-4-12; 8:45 am]
BILLING CODE 9110-04-P