Special Local Regulation and Safety Zone; America's Cup Sailing Events

Federal Register / Vol. 77, No. 19 / Monday, January 30, 2012 / Proposed Rules 4501

wool products and the impact of such confidential only if the FTC General ACTION: Notice of proposed rulemaking costs on the ability of retailers to obtain Counsel, in his or her sole discretion, and public meetings. valid guaranties. grants your request in accordance with (c) Do the costs or difficulty of the law and the public interest. SUMMARY: The Coast Guard proposes to obtaining guaranties for imported wool Postal mail addressed to the adopt a temporary special local products create a problem for retailers? Commission is subject to delay due to regulation and temporary safety zone for If so, why and how? If not, why not? heightened security screening. As a those portions of the ‘‘America’s Cup (d) Do changes in the extent or result, we encourage you to submit your World Series,’’ the ‘‘Louis Vuitton Cup’’ manner in which wool products are comments online. To make sure that the challenger selection series, and the imported indicate that the Wool Act and Commission considers your online ‘‘America’s Cup Finals Match’’ sailing Rules should be modified? If so, why comment, you must file it at https:// regattas that may be conducted in the and how? If not, why not? ftcpublic.commentworks.com/ftc/ waters of San Francisco Bay adjacent to (e) Provide any evidence supporting woolanpr by following the instructions the City of San Francisco waterfront in your position. on the web-based form. If this Notice the vicinity of the Golden Gate Bridge You can file a comment online or on appears at http://www.regulations.gov/ and Alcatraz Island between August and paper. For the Commission to consider #!home, you also may file a comment September 2012 and between July and your comment, we must receive it on or through that Web site. September 2013. These regulations before March 26, 2012. Write ‘‘Wool If you file your comment on paper, would be necessary to provide for the Rules, 16 CFR part 300, Project No. write ‘‘Wool Rules, 16 CFR Part 300, safety of life on the navigable waters P124201’’ on your comment. Your Project No. P124201’’ on your comment immediately prior to, during, and comment B including your name and and on the envelope and mail or deliver immediately after any regattas that may your state B will be placed on the public it to the following address: Federal occur. The proposed regulation would record of this proceeding, including, to Trade Commission, Office of the temporarily restrict vessel traffic in a the extent practicable, on the public Secretary, Room H–113 (Annex Q), 600 portion of the San Francisco Bay, Commission Web site, at http:// Pennsylvania Avenue NW., Washington, prohibit vessels not participating in the www.ftc.gov/os/publiccomments.shtm. DC 20580. If possible, submit your America’s Cup sailing events from As a matter of discretion, the paper comment to the Commission by entering the designated race area, and Commission tries to remove individuals’ courier or overnight service. create a temporary safety zone around home contact information from Visit the Commission Web site at racing vessels. comments before placing them on the http://www.ftc.gov to read this Notice DATES: Comments and related material Commission Web site. Because your and the news release describing it. The must be received by the Coast Guard on comment will be made public, you are FTC Act and other laws that the or before April 30, 2012. Public solely responsible for making sure that Commission administers permit the meetings will be held between 6 p.m. your comment doesn’t include any collection of public comments to and 8 p.m. on March 6, 7, and 8, 2012. sensitive personal information, such as consider and use in this proceeding as ADDRESSES: You may submit comments anyone’s Social Security number, date appropriate. The Commission will identified by docket number USCG– of birth, driver’s license number or other consider all timely and responsive 2011–0551 using any one of the state identification number or foreign public comments that it receives on or following methods: country equivalent, passport number, before March 26, 2012. You can find financial account number, or credit or more information, including routine (1) Federal eRulemaking Portal: debit card number. You are also solely uses permitted by the Privacy Act, in http://www.regulations.gov. responsible for making sure that your the Commission’s privacy policy, at (2) Fax: (202) 493–2251. comment doesn’t include any sensitive http://www.ftc.gov/ftc/privacy.htm. (3) Mail: Docket Management Facility (M–30), U.S. Department of health information, like medical records By direction of the Commission. or other individually-identifiable health Transportation, West Building Ground Donald S. Clark, information. In addition, don’t include Floor, Room W12–140, 1200 New Jersey any ‘‘[t]rade secret or any commercial or Secretary. Avenue SE., Washington, DC 20590– financial information which is obtained [FR Doc. 2012–1862 Filed 1–27–12; 8:45 am] 0001. from any person and which is privileged BILLING CODE 6750–01–P (4) Hand delivery: Same as mail or confidential,’’ as provided in Section address above, between 9 a.m. and 5 6(f) of the FTC Act, 15 U.S.C. 46(f), and p.m., Monday through Friday, except FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). DEPARTMENT OF HOMELAND Federal holidays. The telephone number In particular, don’t include SECURITY is (202) 366–4325. competitively-sensitive information To avoid duplication, please use only such as costs, sales statistics, Coast Guard one of these four methods. See the inventories, formulas, patterns, devices, ‘‘Public Participation and Request for manufacturing processes, or customer 33 CFR Parts 100 and 165 Comments’’ portion of the names. [Docket No. USCG–2011–0551] SUPPLEMENTARY INFORMATION section If you want the Commission to give below for instructions on submitting your comment confidential treatment, RIN 1625–AA00; 1625–AA08 comments. you must file it in paper form, with a Special Local Regulation and Safety FOR FURTHER INFORMATION CONTACT: If request for confidential treatment, and Zone; America’s Cup Sailing Events, you have questions on this temporary you must follow the procedure San Francisco, CA rule, call Lieutenant Junior Grade explained in FTC Rule 4.9(c), 16 CFR DeCarol A. Davis at (415) 399–7436, or 4.9(c).19 Your comment will be kept AGENCY: Coast Guard, DHS. email D11–PF–[email protected]. 19 In particular, the written request for for the request and must identify the specific If you have questions on viewing or confidential treatment that accompanies the portions of the comment to be withheld from the submitting material to the docket, call comment must include the factual and legal basis public record. See FTC Rule 4.9(c), 16 CFR 4.9(c). Renee V. Wright, Program Manager,

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Docket Operations, telephone (202) as being available in the docket, go to a Marine Event Permit to hold the 34th 366–9826. http://www.regulations.gov, click on the America’s Cup races on the waters of SUPPLEMENTARY INFORMATION: ‘‘read comments’’ box, which will then San Francisco Bay in California. The become highlighted in blue. In the Coast Guard has not approved the Public Participation and Request for ‘‘Keyword’’ box type ‘‘USCG–2011– Marine Event Permit and is still Comments 0551’’ and click ‘‘Search.’’ Click the evaluating the application. If the permit We encourage you to participate in ‘‘Open Docket Folder’’ in the ‘‘Actions’’ is approved, however, we anticipate that this rulemaking by submitting column. You may also visit the Docket a special local regulation may be comments and related materials. All Management Facility in Room W12–140 necessary to ensure public safety during comments received will be posted on the ground floor of the Department the races. To provide adequate time for without change to http:// of Transportation West Building, 1200 public input, we are proposing this www.regulations.gov and will include New Jersey Avenue SE., Washington, special local regulation and safety zone any personal information you have DC 20590, between 9 a.m. and 5 p.m., prior to a decision on the Marine Event provided. Monday through Friday, except Federal Permit. If the Marine Event Permit is not approved, we will withdraw this Submitting Comments holidays. We have an agreement with the Department of Transportation to use proposed rule. If you submit a comment, please the Docket Management Facility. include the docket number for this Background rulemaking (USCG–2011–0551), Privacy Act On December 31, 2010, the America’s indicate the specific section of this Anyone can search the electronic Cup Organizing Committee selected the document to which each comment form of comments received into any of City of San Francisco as the event applies, and provide a reason for each our dockets by the name of the sponsor to host the 34th America’s Cup suggestion or recommendation. You individual submitting the comment (or sailing events taking place in 2012 and may submit your comments and signing the comment, if submitted on 2013. Mayor Gavin Newsom and the material online (via http:// behalf of an association, business, labor San Francisco Board of Supervisors www.regulations.gov) or by fax, mail, or union, etc.). You may review a Privacy approved a 34th America’s Cup Host hand delivery, but please use only one Act notice regarding our public dockets and Venue Agreement with the of these means. If you submit a in the January 17, 2008, issue of the America’s Cup Event Authority and comment online via Federal Register (73 FR 3316). America’s Cup Organizing Committee. www.regulations.gov, it will be In 2012, the City of San Francisco considered received by the Coast Guard Public Meetings plans to host two America’s Cup World when you successfully transmit the We will hold three public meetings on Series regattas as part of a circuit of comment. If you fax, hand deliver, or this proposed rule on March 6, 7, and sailing events being conducted at other mail your comment, it will be 8, 2012. All meetings will be held from U.S. and international venues. The San considered as having been received by 6 p.m. to 8 p.m. in the following Francisco World Series regattas are the Coast Guard when it is received at locations. The meetings may end earlier scheduled to occur August 11–19, 2012, the Docket Management Facility. We if all concerns are heard prior to 8 p.m. and August 25–September 2, 2012. Each recommend that you include your name March 6, 2012: Presidio Log Cabin, World Series regatta consists of fleet and and a mailing address, an email address, 1299 Storey Ave., San Francisco, CA match races and determines a regatta or a telephone number in the body of 94129; winner, but the outcomes do not affect your document so that we can contact March 7, 2012: Inn Marin, 250 the Louis Vuitton Cup or the America’s you if we have questions regarding your Entrada Dr., Novato, CA 94949; Cup Finals Match in 2013. submission. March 8, 2012: Waterfront Hotel, 10 In August 2013, the City of San To submit your comment online, go to Washington St., Oakland, CA 94607. Francisco plans to host the Louis http://www.regulations.gov, click on the For information on services and Vuitton Cup challenger selection series ‘‘submit a comment’’ box, which will facilities, or if you have any questions, to determine the contestant to race the then become highlighted in blue. In the contact Lieutenant Junior Grade DeCarol Defender of the 34th America’s Cup. ‘‘Document Type’’ drop down menu A. Davis at (415) 399–7436, or e-mail During the challenger selection series, select ‘‘Proposed Rule’’ and insert D11–PF–[email protected]. A teams will compete in a series of fleet ‘‘USCG–2011–0551’’ in the ‘‘Keyword’’ written summary of each meeting will and match races to determine the Louis box. Click ‘‘Search’’ then click on the be placed in the docket. Vuitton Cup winner, and that winning balloon shape in the ‘‘Actions’’ column. team will compete against the America’s Basis and Purpose If you submit your comments by mail or Cup Defender in the 34th America’s Cup hand delivery, submit them in an Under 33 CFR 100.35, the Coast Finals Match, a best of nine match races, unbound format, no larger than 81⁄2 by Guard District Commander has currently planned for September 7–24, 11 inches, suitable for copying and authority to promulgate certain special 2013, and expected to draw the most electronic filing. If you submit local regulations deemed necessary to spectator activity. comments by mail and would like to ensure the safety of life on the navigable The 2012 World Series regattas know that they reached the Facility, waters immediately before, during, and feature 45-foot winged-sail catamarans please enclose a stamped, self-addressed immediately after an approved regatta or (AC45) which have attained speeds in postcard or envelope. We will consider marine parade. The Commander of excess of 30 knots. In 2013, the Louis all comments and material received Coast Guard District 11 has delegated to Vuitton Cup and America’s Cup Finals during the comment period and may the Captain of the Port (COTP) San match will feature larger 72-foot change the rule based on your Francisco the responsibility of issuing catamarans (AC72), each crewed by a comments. such regulations. The COTP also has the team of 11 competitors. The AC72 is authority to establish safety zones under predicted to attain speeds in excess of Viewing Comments and Documents 33 CFR 1.05–1(e) and 165.5. 40 knots. The America’s Cup Event To view comments, as well as As discussed below, the America’s Authority has selected venues for each documents mentioned in this preamble Cup Race Management has applied for regatta around the world to showcase

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racing close to spectators ashore and via allowing for necessary commercial the primary race area. The Coast Guard broadcast media. In San Francisco, they access in and out of any regulated area; intends to define a regulated area larger propose to take advantage of the natural (3) ensuring the safety of spectators; (4) than the proposed race area to amphitheater that the Central Bay and encouraging Coast Guard accommodate changing weather City waterfront provides. communication with the public; (5) conditions that may alter the exact Prior to drafting this Notice of minimizing the impact to commercial orientation of racecourses shortly before Proposed Rulemaking, the Coast Guard shipping traffic due to potential closure each racing day and to help the public solicited input from maritime users and of the Eastbound and Westbound Traffic understand the maximum size of the stakeholders to better understand the Lanes; and (6) addressing crowding and regulated area of water during race nature of commercial and recreational congestion due to on-water spectator periods. On most race days, the Coast activities on the Bay and how the activity. A record of these meetings is Guard anticipates that some portion of proposed America’s Cup sailing regattas available in the docket, and the Coast the regulated area will not be restricted. could impact such activities. The Coast Guard considered the public input America’s Cup support vessels bearing Guard used the local Harbor Safety received at these meetings when prominently displayed banners will Committee (HSC) and hosted various developing this proposed rule. The mark the race area on each race day to public meetings to obtain information Coast Guard plans to continue indicate areas restricted from non- and gather feedback on notional consulting maritime users as part of a participating vessels. solutions. broad effort to determine and mitigate During prevailing westerly wind The Coast Guard attends all San impacts throughout the America’s Cup conditions, the regulated area for 2012 Francisco HSC meetings, providing a operational planning process. would be an area of approximately 2 monthly status report on safety square miles bounded by a line conditions in the Bay and addressing Discussion of Proposed Rule beginning at position 37°48′39″ N, questions for maritime users at large. The Coast Guard proposes to create 122°25′27″ W at the Municipal Pier at Since July 2011, the Coast Guard has two temporary sections in the Code of Aquatic Park, running north to position reserved a place on the HSC agenda to Federal Regulations, one for the 2012 37°49′14″ N, 122°25′27″ W located south discuss America’s Cup planning and has events and one for the 2013 events. of Alcatraz Island, running west to fielded questions and concerns ° ′ ″ ° ′ ″ 2012 America’s Cup World Series position 37 49 14 N, 122 28 07 W, regarding the proposed marine event. running southwest to position 37°49′02″ Issues brought forward by the HSC The Coast Guard proposes to establish N, 122°28′21″ W, running south to include the following: (1) Concern a special local regulation associated position 37°48′32″ N, 122°28′21″ W regarding communication to the public with the America’s Cup World Series (NAD 83), running eastward along the (i.e., how the public will be notified regattas in 2012. The areas regulated by City of San Francisco shoreline and when race-related regulations are in this special local regulation would be ending at the Municipal Pier. As effect); (2) concern about the Coast east of the Golden Gate Bridge, south of discussed in the above paragraph, the Guard’s ability and capacity to enforce Alcatraz Island, west of Treasure Island, Coast Guard anticipates that the actual event regulations over the time period and in the vicinity of the City of San race area would be smaller than the proposed; (3) concern about the Francisco waterfront. The Coast Guard primary regulated area bounded by economic impact to commercial entities does not propose to regulate movement these coordinates. The size of the on the Bay; and (4) concern about San within marinas, pier spaces, and regulated area is intended to Francisco Bay weather patterns that facilities along the City of San Francisco accommodate the size and speed of the could quickly change and affect safety. waterfront. The Coast Guard proposes to America’s Cup racing vessels, while still In addition to gathering comments establish a primary regulated area, allowing the flow of maritime commerce and concerns from the HSC, the Coast which includes an area reserved for through the central Bay. Guard held public meetings to gather recreational swimmers, rowers, and The Coast Guard also proposes a information related to activities on the kayakers; and a contingent regulated contingent race area to be used in the Bay that might be affected by the area used only during exceptional unlikely event that north-south wind America’s Cup events or related safety circumstances subject to COTP conditions make the primary race area regulations. In these public meetings, determination. Images of the primary unusable for racing. This area will be the Coast Guard met with the following and contingent regulated areas are located east of Alcatraz Island and maritime users: The deep-draft available in the docket. In this special northwest of Treasure Island within a commercial vessel operators and facility local regulation, the Coast Guard also contingent regulated area bounded by a operators; tug and barge operators; ferry intends to regulate vessel traffic in the line connecting the following vessel operators; charter fishing vessel Central Bay to maintain commercial coordinates: 37°50′56″ N, 122°24′37″ W; operators; small passenger vessel access to the ports. 37°51′24″ N, 122°23′39″ 37°51′23″ N, operators; and recreational vessel All proposed restrictions would apply 122°22′58″ W; 37°50′07″ N, 122°22′05″ operators and other maritime between noon and 5 p.m. on designated W; 37°49′54″ N, 122°22′43″ W; stakeholders. race days, but normal operations could 37°49′35″ N, 122°22′46″ W; 37°48′51″ N, During the public meetings, the Coast resume earlier than 5 p.m. at the 122°22′20″ W; 37°48′52″ N, 122°23′56″ Guard emphasized the following key discretion of the COTP. Designated race W; 37°49′02″ N, 122°24′43″ W; objectives in implementing a special days would occur between August 11 37°49′48″ N, 122°24′47″ W; and local regulation and permitting the and September 2, 2012. Not every day 37°50′55″ N, 122°24′37″ W (NAD 83). event: (1) Maintaining a safe and during that period would be a race day. The Coast Guard understands that the accessible waterway; (2) maintaining The Coast Guard anticipates issuing proposed contingent regulated area smooth flow of maritime commerce; (3) notice of 12 race dates via Broadcast extends into navigation channels east of mitigating environmental impacts; and Notice to Mariners and publishing these Alcatraz Island and northwest of (4) continuing USCG operations. race dates in the Local Notice to Treasure Island. In the unlikely event Typical comments received during Mariners and the Federal Register. racing is planned in the contingent public meetings included: (1) Enforcing The Coast Guard proposes to define a regulated area, it will only be conducted navigational Rules of the Road; (2) primary regulated area that surrounds with COTP approval. If the COTP deems

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that racing would interfere with the tons may need to transit through the through the America’s Cup Finals commercial shipping traffic requiring closed traffic lanes to conduct conclusion on September 24, 2013. transit through the contingent regulated operations that would not interfere with The primary regulated area proposed area, then the race will be delayed, the America’s Cup sailing events; for 2013 is larger than 2012’s because of shortened, or terminated to therefore, this proposed rule provides the larger size of the AC72 racing accommodate commercial shipping for entry into the closed traffic lanes vessels. The 2013 proposed rule would schedules. with COTP permission. implement the same provisions as The proposed rule would prohibit Shipping traffic may continue to described for the 2012 special local unauthorized vessels from entering the operate using the existing Deep Water regulation for establishing a primary race area in use between noon and 5 (two-way) Traffic Lane. The Regulated regulated area, which will include an p.m. on designated race days. This Navigation Area (RNA) specified in 33 area reserved for recreational swimmers, prohibition is necessary for public and CFR 165.1181 would continue to apply rowers, kayakers; and a contingent participant safety because of the speed in this area. This RNA contains one-way regulated area. As in 2012, the Coast of the racing vessels. The Coast Guard provisions for certain vessels such as Guard also intends to regulate vessel understands, however, that other vessels those greater than 1,600 gross tons traffic in the Central Bay to maintain may need to transit through these areas carrying dangerous cargos. At the commercial access to the ports. In in order to continue operations. For COTP’s discretion, vessels in addition to addition to those provisions discussed example, we are aware that dredges may those listed in the RNA could be in the 2012 special local regulation, the need to access the Alcatraz disposal site restricted to one-way traffic as Coast Guard proposes to establish a and that commercial ferries and fishing coordinated by Sector San Francisco’s transit zone along the San Francisco vessels will need to access the City of Vessel Traffic Service (VTS). Such a waterfront and restrict the use of San Francisco waterfront; therefore, this one-way traffic scheme could allow Anchorage 7. proposed rule provides for entry into more maneuvering space for transiting During prevailing westerly wind conditions, the 2013 race area would be the race area after requesting and vessels and may reduce navigational located inside of a primary regulated receiving Coast Guard permission. obstacles. The proposed rule intends to create a area approximately 4.5 square miles designated area for recreational The Coast Guard retains the discretion large bounded by a line beginning at swimmers, rowers, and kayakers located to delay, shorten, or terminate any position 37°48′12″ N, 122°24′04″ W near the shoreline between Fort Point America’s Cup race, if necessary to located on the foot of Pier 23, running and Anita Rock. The expected number ensure safety. Failure to comply with northeast to position 37°48′41″ N, of vessels in the Bay and potential for the lawful directions of the Coast Guard 122°23′16″ W, running northwest to crowding is such that the Coast Guard could result in additional vessel position 37°49′41″ N, 122°24′30″ W intends to create a designated space for movement restrictions, citation, or both. located east of Alcatraz Island, running these activities. During designated race 2013 America’s Cup Sailing Events west to position 37°49′41″ N, 122°27′35″ periods, this area would be closed to W, running southwest to position motorized vessels and all other vessels For reasons similar to those described 37°49′02″ N, 122°28′21″ W, running greater than 20 feet. All vessels are above, the Coast Guard proposes to south to position 37°48′32″ N, prohibited from anchoring in this establish a special local regulation 122°28′21″ W, and running eastward designated area. Restricting motorized associated with the Louis Vuitton Cup along the City of San Francisco and larger vessels from this area would challenger selection series and the shoreline ending at position 37°48′12″ help reduce environmental impact to America’s Cup Finals Match occurring N, 122°24′04″ W located on the foot of the Crissy field shoreline, ensure access in 2013. Similar to the special local Pier 23. and safety for swimmers, rowers, and regulation for the 2012 America’s Cup As in 2012, the Coast Guard kayakers, and reduce potential viewing World Series, the primary regulated area anticipates that the actual 2013 race area obstruction for spectators ashore. would be east of the Golden Gate would be smaller than the regulated This proposed rule would also Bridge, south of Alcatraz Island, west of bounded by the coordinates above. prohibit anchoring and loitering along Treasure Island, and in the vicinity of America’s Cup support vessels bearing the San Francisco waterfront area east of the City of San Francisco waterfront. prominently displayed banners will the protected swimming and boating Images of the regulated areas for 2013 mark the race area on each race day to area, and extending to the Municipal are available in the docket. indicate areas restricted from non- Pier at Aquatic Park. Because the As with the 2012 proposed rule, all participating vessels. proposed race area for 2012 will be proposed restrictions would apply While evaluating the primary close to the waterfront, this restriction is between noon and 5 p.m. on designated regulated area proposed for 2012 and its necessary to protect public safety and race days, which would occur between possible impact to commercial prevent potential spectator vessel July 4 and September 24, 2013. Not operators, the Coast Guard considered congestion south of the race area. every calendar day during that period including a dedicated transit zone for Because of the location of the would be a race day. The Coast Guard 2012 similar to the one proposed for America’s Cup race areas and anticipates issuing notice of 45 race 2013. The Coast Guard believes that a anticipated spectator activity on race dates via Broadcast Notice to Mariners transit zone for 2012 would be days, this proposed rule would close the and publishing these race dates in the unnecessary because the regulated Eastbound and Westbound San Local Notice to Mariners and the area’s size and location, which are Francisco Bay Traffic Lanes to vessels Federal Register. As competition similar to that of the regulated area for greater than or equal to 100 gross tons continues, the number of races planned San Francisco Fleet Week, adequately during designated race periods. Vessels each day in 2013 will decrease as allow vessel operators to transit around less than 100 gross tons are not barred competitors are eliminated during the the regulated area. Conversely, the from the traffic lanes, so long as they Louis Vuitton Cup challenger series. regulated area for 2013 is more than stay out of the race area. The Coast America’s Cup Race Management twice as large as the regulated area for Guard understands that commercial proposes conducting only one match 2012, and the Coast Guard anticipates vessels greater than or equal to 100 gross per race day from August 23, 2013 that the Louis Vuitton Cup and the

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America’s Cup Finals in 2013 will draw areas. The provisions of this temporary Traffic Lane. The San Francisco VTS more spectator activity than the regattas safety zone would not apply to will help facilitate the safe and efficient in 2012. Due to the size of the regulated anchored vessels, nor would it exempt use of the waterways. area in 2013, it may be less feasible for racing vessels from any Federal, state or commercial operators to safely transit local laws or regulations, including Small Entities around this regulated area as expected Rules of the Road regulations. Under the Regulatory Flexibility Act in 2012. For this reason, this rule Regulatory Analyses (5 U.S.C. 601–612), we have considered proposes to establish a transit zone whether this proposed rule would have along the City of San Francisco We developed this proposed rule after a significant economic impact on a waterfront and a no-loitering area considering numerous statutes and substantial number of small entities. similar to the one proposed for 2012. executive orders related to rulemaking. The transit zone is intended to Below we summarize our analyses The term ‘‘small entities’’ comprises facilitate the safe transit of vessels based on 13 of these statutes or small businesses, not-for-profit needing access to pier space and executive orders. organizations that are independently owned and operated and are not facilities along the City of San Francisco Regulatory Planning and Review waterfront and to minimize other traffic dominant in their fields, and that may obstruct the waterfront. Executive Orders 12866, Regulatory governmental jurisdictions with Vessels would not be permitted to loiter Planning and Review, and 13563, populations of less than 50,000. or block the transit area. At the COTP’s Improving Regulation and Regulatory The Coast Guard certifies under 5 discretion, vessel movement in this Review, direct agencies to assess the U.S.C. 605(b) that this proposed rule costs and benefits of available regulatory zone could be restricted to one-way would not have a significant economic alternatives and, if regulation is traffic coordinated by the Patrol impact on a substantial number of small necessary, to select regulatory Commander. The eastern entrances of entities. We find that the proposed rule the transit zone may be temporarily approaches that maximize net benefits (including potential economic, would have some effect on small closed as races finish. entities, but would not have a This proposed rule would also restrict environmental, public health and safety effects, distributive impacts, and significant economic impact on a vessels from anchoring in Anchorage substantial number of the entities. This No. 7 without permission from the equity). Executive Order 13563 proposed rule would affect the COTP during designated race periods in emphasizes the importance of following entities, some of which might 2013. Keeping this area clear would quantifying both costs and benefits, of be small entities: (i) the owners or increase maneuvering room for reducing costs, of harmonizing rules, operators of commercial vessels transiting vessels during peak spectator and of promoting flexibility. This activity and provide an emergency proposed rule is not a significant intending to transit, operate, or anchor anchorage in response to a marine regulatory action under section 3(f) of in a portion of the San Francisco Bay; casualty. Executive Order 12866, Regulatory and (ii) owners and operators of The Coast Guard retains the discretion Planning and Review, and does not recreational vessels using the regulated to delay, shorten, or terminate any require an assessment of potential costs portion of San Francisco Bay. America’s Cup race, if necessary. and benefits under section 6(a)(3) of that Although this proposed rule would Failure to comply with the lawful Order. The Office of Management and affect these small entities, this rule directions of the Coast Guard could Budget has not reviewed it under that would not have a significant economic result in additional vessel movement Order. impact on a substantial number of small restrictions, citation, or both. The entities most likely to be affected entities for several reasons: (i) This rule by this proposed rule would be will restrict only a small portion of the Temporary Safety Zone for America’s commercial shipping traffic, ferry Cup Racing Vessels waterway for a limited period of time; vessels, fishing vessels, and pleasure (ii) vessel traffic could pass safely The Coast Guard proposes to establish craft engaged in recreational activities. around the area; (iii) vessel traffic may a temporary safety zone requiring Although this rule proposes to restrict pass through the area with COTP persons and vessels to remain 100 yards navigation on San Francisco Bay, these approval; (iv) recreational vessel from America’s Cup racing vessels. This restrictions would only be in place in a operators may use spaces outside of the temporary safety zone would be in place small area for a limited time on specific affected areas; (v) the maritime public between noon and 5 p.m. on race days dates. We also expect this event to be would be advised in advance of this and would not be in effect while the well publicized so that waterway users regulated area via Broadcast Notice to racing vessels are practicing outside of would be able to plan their activities in Mariners; and (vi) at times of high traffic designated race periods. Only on rare advance to take into account any density anticipated in 2013, there will occasions do we anticipate America’s restrictions. be a transit zone implemented to Cup racing vessels competing outside of The proposed rule would not exceed facilitate navigation. These measures the race area, and we anticipate that this a five-hour period between noon and 5 have been implemented during similar safety zone will be necessary for public p.m. on certain dates. On many race marine events such as Fleet Week and safety during such exceptional days, the affected period will be shorter. have been successful. circumstances. An example of an The entities affected would be permitted exceptional circumstance would be to navigate around the restricted area If you think that your business, using the safety zone to provide during these periods, and the proposed organization, or governmental additional safeguards during Opening rule would create a traffic scheme for jurisdiction qualifies as a small entity Day Ceremonies when America’s Cup doing so. The proposed rule would not and that this rule would have a Race Management proposes to conduct prevent commercial operators from significant economic impact on it, a race leg under the Golden Gate Bridge. conducting operations during the please submit a comment (see We also have proposed this temporary America’s Cup sailing events. Shipping ADDRESSES) explaining why you think it safety zone in part to reduce the size of traffic may operate around the regulated qualifies and how and to what degree the footprint of the primary regulated area using the Deep Water (two-way) this rule would economically affect it.

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Assistance for Small Entities eliminate ambiguity, and reduce Environment Under section 213(a) of the Small burden. Pursuant to the National Business Regulatory Enforcement Protection of Children Environmental Policy Act of 1969 Fairness Act of 1996 (Pub. L. 104–121), (NEPA) (42 U.S.C. 4321–4370f), and the We have analyzed this proposed rule we want to assist small entities in Department of Homeland Security under Executive Order 13045, understanding this proposed rule so that Management Directive 023–01 and Protection of Children from they can better evaluate its effects on Coast Guard Commandant Instruction Environmental Health Risks and Safety them and participate in the rulemaking. M16475.lD, which guide the Coast Risks. This rule is not an economically If the rule would affect your small Guard in complying with the NEPA, the significant rule and would not create an business, organization, or governmental Coast Guard is working cooperatively environmental risk to health or risk to jurisdiction and you have questions with other affected Federal Agencies to safety that might disproportionately concerning its provisions or options for evaluate potential environmental effects affect children. compliance, please contact Lieutenant associated with the special local Junior Grade DeCarol A. Davis at (415) Indian Tribal Governments regulation, marine event permit, and 399–7436, or email D11–PF– This proposed rule does not have safety zones for the proposed 34th [email protected]. The Coast tribal implications under Executive America’s Cup. The Coast Guard will Guard will not retaliate against small Order 13175, Consultation and not publish a final rule until the NEPA entities that question or complain about Coordination with Indian Tribal review has been completed. this proposed rule or any policy or Governments, because it would not have We are publishing this proposed rule action of the Coast Guard. a substantial direct effect on one or now to encourage maximum public Collection of Information more Indian tribes, on the relationship input on the safety provisions proposed and seek any comments or information This proposed rule would call for no between the Federal Government and Indian tribes, or on the distribution of that may lead to the discovery of a new collection of information under the significant environmental impact from Paperwork Reduction Act of 1995 (44 power and responsibilities between the Federal Government and Indian tribes. this proposed rule. U.S.C. 3501–3520). The NEPA analysis will be available Federalism Energy Effects during the NPRM public review period We have analyzed this proposed rule and additional information on the NEPA A rule has implications for federalism analysis, along with the dates of the under Executive Order 13132, under Executive Order 13211, Actions Concerning Regulations That NEPA public review period, can be Federalism, if it has a substantial direct found at www.americascupnepa.org. effect on State or local governments and Significantly Affect Energy Supply, Distribution, or Use. We have Comments specific to the NEPA analysis would either preempt State law or or the marine event permit should be impose a substantial direct cost of determined that it is not a ‘‘significant energy action’’ under that order because directed to the contact listed at compliance on them. We have analyzed www.americascupnepa.org. this proposed rule under that Order and it is not a ‘‘significant regulatory action’’ have determined that it does not have under Executive Order 12866 and is not List of Subjects implications for federalism. likely to have a significant adverse effect on the supply, distribution, or use of 33 CFR Part 100 Unfunded Mandates Reform Act energy. The Administrator of the Office Marine safety, Navigation (water), The Unfunded Mandates Reform Act of Information and Regulatory Affairs Reporting and recordkeeping of 1995 (2 U.S.C. 1531–1538) requires has not designated it as a significant requirements, and Waterways. Federal agencies to assess the effects of energy action. Therefore, it does not 33 CFR Part 165 their discretionary regulatory actions. In require a Statement of Energy Effects particular, the Act addresses actions under Executive Order 13211. Harbors, Marine safety, Navigation (water), Reporting and recordkeeping that may result in the expenditure by a Technical Standards State, local, or tribal government, in the requirements, Security measures, and aggregate, or by the private sector of The National Technology Transfer Waterways. $100,000,000 (adjusted for inflation) or and Advancement Act (NTTAA) (15 For the reasons discussed in the more in any one year. Though this U.S.C. 272 note) directs agencies to use preamble, the Coast Guard proposes to proposed rule would not result in such voluntary consensus standards in their amend 33 CFR parts 100 and 165 as an expenditure, we do discuss the regulatory activities unless the agency follows: effects of this rule elsewhere in this provides Congress, through the Office of preamble. Management and Budget, with an PART 100—REGATTAS AND MARINE explanation of why using these PARADES Taking of Private Property standards would be inconsistent with This proposed rule would not cause a applicable law or otherwise impractical. 1. The authority citation for part 100 taking of private property or otherwise Voluntary consensus standards are continues to read as follows: have taking implications under technical standards (e.g., specifications Authority: 33 U.S.C. 1233. Executive Order 12630, Governmental of materials, performance, design, or 2. Add temporary § 100–T11–0551A Actions and Interference with operation; test methods; sampling to read as follows: Constitutionally Protected Property procedures; and related management Rights. systems practices) that are developed or § 100–T11–0551A Special Local adopted by voluntary consensus Regulation; 2012 America’s Cup World Civil Justice Reform standards bodies. Series. This proposed rule meets applicable This proposed rule does not use (a) Location. This special local standards in sections 3(a) and 3(b)(2) of technical standards. Therefore, we did regulation establishes regulated areas on Executive Order 12988, Civil Justice not consider the use of voluntary the waters of San Francisco Bay located Reform, to minimize litigation, consensus standards. in the vicinity of the Golden Gate

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Bridge, Alcatraz Island, the City of San (3) Contingent Race Area. As used in (6) Closure of Shipping Lanes. Francisco waterfront, and the Bay this section, ‘‘Contingent Race Area’’ Eastbound and Westbound San Bridge. Movement within marinas, pier means an area within the Contingent Francisco Bay Traffic Lanes will be spaces, and facilities along the City of Regulated Area bounded by America’s closed to all vessels greater than or San Francisco waterfront is not Cup support vessels, which will be equal to 100 gross tons. Vessel traffic regulated by this rule. marked by prominently displayed will be permitted to operate during the (1) The following area is the Primary banners. enforcement period using the Deep Regulated Area for the 2012 America’s (d) Special Local Regulations. (1) 2012 Water (two-way) Traffic Lane Cup sailing regattas: All waters of San Race Area Restrictions. The 2012 Race established in 33 CFR 165.1181. Vessels Francisco Bay bounded by a line Area is closed to all unauthorized vessel of 100 gross tons or greater that need to beginning at position 37°48′39″ N, traffic, except for those permitted by the enter or operate within the closed traffic 122°25′27″ W at the Municipal Pier at COTP or PATCOM. lanes shall obtain permission from the Aquatic Park, running north to position (2) Contingent Race Area Restrictions. COTP by contacting the VTS via VHF 37°49′14″ N, 122°25′27″ W located south In the event the race area must be Channel 14. of Alcatraz Island, running west to altered to accommodate a north-south (7) Control of Vessel Movement to position 37°49′14″ N, 122°28′07″ W, wind direction or other shift in weather, Ensure Safety. running southwest to position 37°49′02″ the restrictions in paragraphs (d)(1) will (i) The COTP, or PATCOM as the N, 122°28′21″ W, running south to apply to the Contingent Race Area. In designated representative of the COTP, position 37°48′32″ N, 122°28′21″ W, deciding whether to conduct the race in may control the movement of all vessels running eastward along the City of San the Contingent Race Area, the COTP operating on the navigable waters of San Francisco shoreline, and ending at the will consider commercial shipping Francisco Bay when the COTP has Municipal Pier. All coordinates are traffic that intends to operate in the determined that such orders are justified North American Datum 1983. Central Bay Precautionary Area west of in the interest of safety by reason of Treasure Island. The COTP will issue (2) The following area is the weather, visibility, sea conditions, Broadcast Notices to Mariners to Contingent Regulated Area for the 2012 temporary port congestion, and other publicize the use of the Contingent Race America’s Cup sailing regattas: All temporary hazardous circumstances. Area. waters of San Francisco Bay bounded by (ii) When hailed or signaled by (3) Requesting Transit through Race PATCOM, the hailed vessel must come a line connecting the following Areas. Vessel operators who desire to coordinates: 37°50′56″ N, 122°24′37″ W; to an immediate stop and comply with ° ′ ″ ° ′ ″ ° ′ ″ enter or operate within the 2012 Race the lawful directions issued. Failure to 37 51 24 N, 122 23 39 W; 37 51 23 N, Area or the Contingent Race Area while 122°22′58″ W; 37°50′07″ N, 122°22′05″ comply with a lawful direction may ° ′ ″ ° ′ ″ those areas are restricted must contact result in additional operating W; 37 49 54 N, 122 22 43 W; the COTP or PATCOM to obtain 37°49′35″ N, 122°22′46″ W; 37°48′51″ N, restrictions, citation for failure to ° ′ ″ ° ′ ″ ° ′ ″ permission to do so. Vessel operators comply, or both. 122 22 20 W; 37 48 52 N, 122 23 56 given permission to enter or operate in W; 37°49′02″ N, 122°24′43″ W; (iii) The COTP may delay, shorten, or ° ′ ″ ° ′ ″ those race areas must comply with all terminate any America’s Cup race at any 37 49 48 N, 122 24 47 W; and directions given to them by the COTP or 37°50′55″ N, 122°24′37″ W. All time it is deemed necessary. PATCOM. Persons and vessels may (iv) After termination of the America’s coordinates are North American Datum request permission to enter a race area 1983. Cup races each day, the Coast Guard on VHF Channel 23A or through the will issue a Broadcast Notice to (b) Enforcement Period. The Coast Guard Sector San Francisco regulations in this section will be Mariners to publicize the decision to Command Center via telephone at (415) resume normal operations. enforced between the hours of noon and 399–3547. 5 p.m. (unless curtailed earlier by the 3. Add temporary § 100–T11–0551B (4) Area Closed to All Motorized to read as follows: COTP or PATCOM) on race days Vessels and Vessels Greater Than 20 between August 11, 2012, and Feet. Within the Primary Regulated § 100–T11–0551B Special Local September 2, 2012. Notice of the Area, the following area is established Regulation; 2013 America’s Cup Sailing specific race dates will be issued via for swimmers, rowers, kayakers, and Events. Broadcast Notice to Mariners and non-motorized vessels of 20 feet or less: (a) Location. This special local published by the Coast Guard in the The area bounded by a line beginning at regulation establishes regulated areas on Local Notice to Mariners and in the position, 37°48′32″ N, 122°26′24″ W, the waters of San Francisco Bay located Federal Register. running west to position 37°48′32″ N, in the vicinity of the Golden Gate (c) Definitions. (1) Patrol Commander 122°28′00″ W, running northwest to Bridge, Alcatraz Island, the City of San (PATCOM). As used in this section, position 37°48′40″ N, 122°28′21″ W, Francisco waterfront, and the Bay ‘‘Patrol Commander’’ or ‘‘PATCOM’’ running south to position 37°48′32″ N, Bridge. Movement within marinas, pier means a Coast Guard Patrol 122°28′21″ W, running eastward along spaces, and facilities along the City of Commander, including a Coast Guard the City of San Francisco shoreline, and San Francisco waterfront is not coxswain, petty officer, or other officer, ending at the beginning position regulated by this rule. or a Federal, State, or local officer 37°48′32″ N, 122°26′24″ W (NAD 83). (1) The following area is the Primary designated by the Captain of the Port This area is closed to all motorized Regulated Area for the 2013 America’s San Francisco (COTP) to assist in the vessels and all other vessels greater than Cup sailing events: All waters of San enforcement of the special local 20 feet. All vessels are prohibited from Francisco Bay bounded by a line regulation. anchoring in this designated area. beginning at position 37°48′12″ N, (2) 2012 Race Area. As used in this (5) No-Loitering Area. No vessels may 122°24′04″ W located on the foot of Pier section, ‘‘2012 Race Area’’ means an anchor or loiter in the navigable waters 23, running northeast to position area within the Primary Regulated Area south of the 2012 Race Area, east of the 37°48′41″ N, 122°23′16″ W, running bounded by America’s Cup support area defined in paragraph (d)(4), and northwest to position 37°49′41″ N, vessels, which will be marked by west of Aquatic Park, except with the 122°24′30″ W located east of Alcatraz prominently displayed banners. permission of PATCOM. Island, running west to position

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37°49′41″ N, 122°27′35″ W, running deciding whether to conduct the race in 122°24′32″ W; 37°49′15″ N, 122°24′00″ southwest to position 37°49′02″ N, the Contingent Race Area, the COTP W; 37°49′21″ N, 122°24′05″ W; 122°28′21″ W, running south to position will consider commercial shipping 37°48′48″ N, 122°24′40″ W; 37°48′49″ N, 37°48′32″ N, 122°28′21″ W, and running traffic that intends to operate in the 122°25′16″ W; 37°48′37″ N, 122°26′22″ eastward along the City of San Francisco Central Bay west of Treasure Island. The W; 37°48′37″ N, 122°28′00″ W; shoreline ending at position 37°48′12″ COTP will issue Broadcast Notices to 37°48′47″ N, 122°28′21″ W; (NAD 83). N, 122°24′04″ W located on the foot of Mariners to publicize the use of the This transit zone is for vessels that need Pier 23. All coordinates are North Contingent Race Area. to access pier space or facilities at, or to American Datum 1983. (3) Requesting Transit through Race transit along, the City of San Francisco (2) The following area is the Areas. Vessel operators who desire to waterfront. It may be marked by Contingent Regulated Area for the 2013 enter or operate within the 2013 Race temporary buoys or America’s Cup America’s Cup sailing events: All waters Area or the Contingent Race Area while support vessels. No vessel may anchor, of San Francisco Bay bounded by a line those areas are restricted must contact block, loiter in, or otherwise impede connecting the following coordinates: the COTP or PATCOM to obtain transit in the transit zone. In the event 37°50′56″ N, 122°24′37″ W; 37°51′24″ N, permission to do so. Vessel operators the eastern sections of the transit zone 122°23′39″ W; 37°51′23″ N, 122°22′58″ given permission to enter or operate in are temporarily closed for vessel safety W; 37°50′07″ N, 122°22′05″ W; those race areas must comply with all as races finish, vessels must follow the 37°49′54″ N, 122°22′43″ W; 37°49′35″ N, directions given to them by the COTP or procedures in paragraph (d)(3) to 122°22′46″ W; 37°48′51″ N, 122°22′20″ PATCOM. Persons and vessels may request access. W; 37°48′52″ N, 122°23′56″ W; request permission to enter a race area (7) Anchorage 7 Restrictions. No 37°49′02″ N, 122°24′43″ W; 37°49′48″ N, on VHF Channel 23A or through the vessel may anchor in Anchorage No. 7, 122°24′47″ W; and 37°50′55″ N, Coast Guard Sector San Francisco delineated at 33 CFR 110.224(e)(4), 122°24′37″ W (NAD 83). Command Center via telephone at (415) except with the permission of the COTP. (b) Enforcement Period. The following 399–3547. Vessels encountering emergencies that regulations will be enforced between the (4) Area Closed to All Motorized require anchoring in Anchorage 7 hours of noon and 5 p.m. (unless Vessels and Vessels Greater Than 20 should contact the Sector San Francisco curtailed earlier by the COTP or Feet. Within the Primary Regulated Vessel Traffic System (VTS) on VHF PATCOM) on race days between July 4, Area, the following area is established Channel 14. 2013, and September 24, 2013. Notice of for swimmers, rowers, kayakers, and (8) Closure of Shipping Lanes. the specific race dates will be issued via non-motorized vessels of 20 feet or less: Eastbound and Westbound San Broadcast Notice to Mariners and The area bounded by a line beginning at Francisco Bay Traffic Lanes will be published by the Coast Guard in the position, 37°48′32″ N, 122°26′24″ W, closed to all vessels greater than or Local Notice to Mariners and in the running west to position 37°48′32″ N, equal to 100 gross tons. Vessel traffic Federal Register. 122°28′00″ W, running northwest to will be permitted to operate during the (c) Definitions. (1) Patrol Commander position 37°48′40″ N, 122°28′21″ W, America’s Cup sailing races using the (PATCOM). As used in this section, running south to position 37°48′32″ N, Deep Water (two-way) Traffic Lane ‘‘Patrol Commander’’ or ‘‘PATCOM’’ 122°28′21″ W, running eastward along established in 33 CFR 165.1181. Vessels means a Coast Guard Patrol the City of San Francisco shoreline, and of 100 gross tons or greater that need to Commander, including a Coast Guard ending at the beginning position enter or operate within the closed traffic coxswain, petty officer, or other officer, 37°48′32″ N, 122°26′24″ W (NAD 83). lanes shall obtain permission from the or a Federal, State, or local officer This area is closed to all motorized COTP by contacting the VTS via VHF designated by the Captain of the Port vessels and all other vessels greater than Channel 14. San Francisco (COTP) to assist in the 20 feet. All vessels are prohibited from (9) Control of Vessel Movement to enforcement of the special local anchoring in this designated area. Ensure Safety. (i) The COTP, or regulation. (5) No-Loitering Area. No vessels may PATCOM as the designated (2) 2013 Race Area. As used in this anchor or loiter in the navigable waters representative of the COTP, may control section, ‘‘2013 Race Area’’ means an south of the 2013 Race Area, east of the the movement of all vessels operating area within the Primary Regulated Area area defined in paragraph (d)(4), and on the navigable waters of San bounded by America’s Cup support west of Aquatic Park, except with the Francisco Bay when the COTP has vessels, which will be marked by permission of PATCOM. determined that such orders are justified prominently displayed banners. (6) Transit Zone. Within the Primary in the interest of safety by reason of (3) Contingent Race Area. As used in Regulated Area, a transit zone, weather, visibility, sea conditions, this section, ‘‘Contingent Race Area’’ approximately 200 yards in width, is temporary port congestion, and other means an area within the Contingent established along the City of San temporary hazardous circumstances. Regulated Area bounded by America’s Francisco waterfront. The transit zone (ii) When hailed or signaled by Cup support vessels, which will be will begin at the face of Pier 23, run PATCOM, the hailed vessel must come marked by prominently displayed westward along the pier faces to the to an immediate stop and comply with banners. Municipal Pier, and continue westward the lawful directions issued. Failure to (d) Special Local Regulations. (1) 2013 to the northern boundary of the area comply with a lawful direction may Race Area Restrictions. The 2013 Race defined in paragraph (d)(4). This transit result in additional operating Area is closed to all unauthorized vessel zone is bounded by the following restrictions, citation for failure to traffic, except for those permitted by the coordinates: 37°48′40″ N, 122°28′21″ W; comply, or both. COTP or PATCOM. 37°48′32″ N, 122°28′00″ W; 37°48′32″ N, (iii) The COTP may delay, shorten, or (2) Contingent Race Area Restrictions. 122°26′24″ W; 37°48′39″ N, 122°25′27″ terminate any America’s Cup race at any In the event the race area must be W; 37°48′23″ N, 122°25′13″ W; time it is deemed necessary to ensure altered to accommodate a north-south 37°48′41″ N, 121°24′30″ W; 37°48′28″ N, safety. wind direction or other shift in weather, 121°24′04″ W; 37°48′17″ N, 121°23′54″ (iv) After termination of the America’s the restrictions in paragraphs (d)(1) will W; 37°48′21″ N, 122°23′49″ W; Cup races each day, the Coast Guard apply to the Contingent Race Area. In 37°48′33″ N, 122°24′00″ W; 37°48′48″ N, will issue a Broadcast Notice to

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Mariners to publicize the decision to Dated: January 23, 2012. must request an opportunity to do so in resume normal operations. Cynthia L. Stowe, writing no later than February 8, 2012. Captain, U.S. Coast Guard, Captain of the Pre-scheduled speakers: Pre- PART 165—REGULATED NAVIGATION Port San Francisco. scheduled speakers providing testimony AREAS AND LIMITED ACCESS AREAS [FR Doc. 2012–1907 Filed 1–27–12; 8:45 am] at the hearings should submit a written 4. The authority for part 165 BILLING CODE 9110–04–P copy of their testimony for inclusion in continues to read as follows: the record of the proceedings no later than February 29, 2012. Authority: 33 U.S.C. 1231; 46 U.S.C. ADDRESSES: Public hearings: The PPAC Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; DEPARTMENT OF COMMERCE 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. will hold public hearings on 107–295, 116 Stat. 2064; Department of United States Patent and Trademark Wednesday, February 15, 2012, Homeland Security Delegation No. 0170.1. Office beginning at 8 a.m., Eastern Standard 5. Add a new temporary section Time (EST), and ending at 3 p.m., EST, 37 CFR Chapter I § 165–T11–0551 to read as follows: at the USPTO, Madison Auditorium, Concourse Level, Madison Building, 600 [Docket No.: PTO–P–2012–0002] § 165–T11–0551 Safety Zone; America’s Dulany Street, Alexandria, Virginia Cup Sailing Events. Patent Public Advisory Committee 22314, and on Thursday, February 23, (a) Definitions. (1) America’s Cup Public Hearings on the Proposed 2012, beginning at 8 a.m., Pacific Racing Vessel. As used in this section, Patent Fee Schedule Standard Time (PST), and ending at 3 ‘‘America’s Cup Racing Vessel’’ means p.m., PST, at the Sunnyvale Public an official competing vessel of the 34th AGENCY: United States Patent and Library, 665 W. Olive Avenue, America’s Cup. Trademark Office, Department of Sunnyvale, California 94086. (2) Patrol Commander. As used in this Commerce. Email: Written comments should be section, ‘‘Patrol Commander’’ means a ACTION: Notice of Public Hearings. sent by email addressed to Coast Guard Patrol Commander, [email protected]. SUMMARY: including a Coast Guard coxswain, petty Under Section 10 of the Postal mail: Comments may also be officer, or other officer, or a Federal, America Invents Act (AIA), the United submitted by postal mail addressed to: State, or local officer designated by the States Patent and Trademark Office United States Patent and Trademark Captain of the Port San Francisco (USPTO) may set or adjust by rule any Office, Mail Stop CFO, P.O. Box 1450, (COTP) to assist in the enforcement of patent or trademark fee established, Alexandria, VA 22313–1450, ATTN: the safety zone. authorized, or charged under Title 35 of Michelle Picard. Although comments (b) Location and enforcement period. the United States Code or the may be submitted by postal mail, the A safety zone extends 100 yards around Trademark Act of 1946, respectively. USPTO prefers to receive comments via America’s Cup Racing Vessels between The USPTO currently is planning to set email. Written comments should be noon and 5 p.m. on the race days during or adjust patent fees pursuant to its identified in the subject line of the the following dates: between August 11, Section 10 fee setting authority. As part email or postal mailing as ‘‘Fee Setting.’’ 2012, and September 2, 2012; and of the rulemaking process to set or Because comments will be made between July 4, 2013, and September 24, adjust patent fees, the Patent Public available for public inspection, 2013. Notice of the specific race dates Advisory Committee (PPAC) is required information that is not desired to be under Section 10 of the AIA to hold a will be issued via Broadcast Notice to made public, such as an address or public hearing about any proposed Mariners and published by the Coast telephone number, should not be patent fees, and the USPTO is required Guard in the Federal Register. included in the comments. (c) Regulations. (1) The provisions of to assist PPAC in carrying out that Web cast: The public hearings will be 33 CFR 165.23 apply to this safety zone. hearing. To that end, the USPTO will available via Web cast. Information No person or vessel underway may make its proposed patent fees available about the Web cast will be posted on the enter or remain within 100 yards of an as set forth in the Supplementary USPTO’s Internet Web site (address: America’s Cup Racing Vessel unless Information section of this Notice before www.uspto.gov/americainventsact) any PPAC hearing and will help the authorized by the Patrol Commander. before the public hearing. (2) This safety zone shall not relieve PPAC to notify the public about the Transcripts: Transcripts of the any vessel, including America’s Cup hearing. Accordingly, this document hearings will be available on the USPTO Racing Vessels, from the observance of announces the dates and logistics for Internet Web site (www.uspto.gov/ the Navigation Rules. two PPAC public hearings regarding americainventsact) shortly after the (3) To request authorization to operate USPTO proposed patent fees. Interested hearings. within 100 yards of an America’s Cup members of the public are invited to FOR FURTHER INFORMATION CONTACT: Racing Vessel, contact the Patrol testify at the hearing and/or submit written comments about the proposed Michelle Picard, Office of the Chief Commander on VHF–FM Channel 23A. Financial Officer, by phone (571) 272– (4) When conditions permit, the patent fees and the questions posed on 6354, or by email at Patrol Commander should: PPAC’s Web site about the proposed (i) Permit vessels constrained by their fees. [email protected]; or Janet Gongola, Office of the Under Secretary navigational draft or restricted in their DATES: Public hearings: February 15 and and Director, by phone at (571) 272– ability to maneuver to pass within 100 23, 2012. yards of America’s Cup Racing Vessels Comments: For those wishing to 8734, or by email at in order to ensure a safe passage in submit written comments, but not [email protected]. accordance with the Navigation Rules; requesting an opportunity to testify at SUPPLEMENTARY INFORMATION: Requests and either public hearing, the deadline for to testify should indicate the following: (ii) Permit vessels anchored in a receipt of those written comments is (1) The name of the person wishing to designated anchorage area to remain at February 29, 2012. testify; (2) the person’s contact anchor when within 100 yards of a Oral testimony: Those wishing to information (telephone number and passing America’s Cup Racing Vessel. present oral testimony at either hearing email address); (3) the organization(s)

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