[Federal Register Volume 65, Number 60 (Tuesday, March 28, 2000)]
[Proposed Rules]
[Pages 16358-16361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7468]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 100, 110 and 165

[CGD01-99-203]
RIN 2115-AA98, AE84, AE46


Temporary Regulations: OPSAIL 2000, Port of New London, CT

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish temporary regulations in 
Niantic Bay, Long Island Sound, the Thames River, and New London Harbor 
for OPSAIL 2000 Connecticut activities. This action is necessary to 
provide for the safety of life on navigable waters during OPSAIL 2000 
Connecticut. This action is intended to restrict vessel traffic in 
portions of Niantic Bay, Long Island Sound, the Thames River, and New 
London Harbor.

DATES: Comments and related materials must reach the Coast Guard on or 
before May 12, 2000.

ADDRESSES: You may mail comments and related material to Coast Guard 
Group/Marine Safety Office Long Island Sound, 120 Woodward Ave, New 
Haven, CT 06512-3698. The Readiness/Support Department maintains the 
public docket for this rulemaking. Comments and material received from 
the public, as well as documents indicated in this preamble as being 
available in the docket, will become part of this docket and will be 
available for inspection or copying at the Readiness/Support Department 
between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Master Chief Kenneth G. Dolan, Group/
MSO Long Island Sound, New Haven, Connecticut, (203) 468-4429.

SUPPLEMENTARY INFORMATION:  

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01-99-
203), indicate the specific section of this document to which each 
comment applies, and give reason for each comment. Please submit all 
comments and related material in an unbound format, no larger than 8\1/
2\ by 11 inches, suitable for copying. If you would like to know they 
reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them. 
The comment period for this regulation is 45 days. This time period is 
adequate to allow local input because the event is highly publicized, 
and the shortened comment period will allow the full 30-day publication 
requirement prior to the final rule becoming effective. Copies of this 
proposal will also be placed in the local notice to mariners.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Coast Guard Group/MSO Long Island 
Sound Readiness/Support Department at the address under ADDRESSES 
explaining why one would be beneficial. If we determine that one would 
aid this rulemaking, we will hold one at a time and place announced by 
a later notice in the Federal Register.

Background and Purpose

    The proposed temporary regulations are for OPSAIL 2000 Connecticut 
events in Niantic Bay, Long Island Sound and New London Harbor. These 
events will be held on July 11-12, 2000. The rule is proposed to 
provide for the safety of life and property on navigable waters.

Discussion of Proposed Rule

    Operation Sail, Inc. is sponsoring a Parade of Tall Ships into New 
London Harbor. The Tall Ships and participating vessels will be at 
anchorage in Niantic Bay on July 11, 2000. On July 12, 2000, the Tall 
Ships and participating vessels will transit from Niantic Bay via Long 
Island Sound and the Thames River Federal Channel to the Port of New 
London. The Coast Guard expects a minimum of 5,000 spectator craft for 
this event. The proposed regulations create vessel movement controls, 
safety zones and temporary anchorage regulations. The regulations will 
be in effect at various times in Niantic Bay, Long Island Sound and New 
London Harbor during July 11 and 12, 2000. The vessel congestion due to 
the large number of participating and spectator vessels poses a 
significant threat to the safety of life and property. This proposed 
rulemaking is necessary to ensure the safety of life and property on 
the navigable waters of the United States.

Regulated Areas

    The Coast Guard proposes to establish one regulated area in Niantic 
Bay during July 11-12, 2000. This proposed Regulated Area A is needed 
to protect the maritime public and participating vessels from possible 
hazards to navigation associated with the overnight anchoring of a 
large number of Tall Ships and their departure prior to the beginning 
of the Parade of Tall Ships into New London Harbor on July 12, 2000.
    Regulated Area A includes all waters of Niantic Bay located on Long 
Island Sound within the following boundaries: beginning at a point 300 
yards, bearing 203 deg.T from Wigwam Rock 41 deg.18'53" N, 
072 deg.11'48" W (NAD 1983), then to 41 deg.18'53" N, 072 deg.10'38" W 
(NAD 1983), then to 41 deg.16'40" N, 072 deg.10'38" W (NAD 1983), then 
to 41 deg.16'40" N, 072 deg.11'48" W (NAD 1983). This proposed area 
will be used as an anchorage area for vessels participating in the 
Parade of Tall Ships on July 12, 2000. This proposed regulated area is 
effective from 6 a.m., July 11, 2000 until 5 p.m., on July 12, 2000. 
Vessels transiting Regulated Area

[[Page 16359]]

A must do so at no wake speed or at speeds not to exceed 6 knots, 
whichever is less. Vessels transiting Regulated Area A must not 
maneuver within 100 yards of a Tall Ship or other vessel participating 
in OPSAIL 2000, unless authorized by the Captain of the Port or the 
Captain of the Port's on-scene representative.

Anchorage Regulations

    The Coast Guard also proposes to establish temporary Anchorage 
Regulations for participating OPSAIL 2000 vessels and spectator craft. 
Current Anchorage Regulations in 33 CFR 110.147 will be temporarily 
suspended by this regulation and other Anchorage Grounds will be 
temporarily established.
    The proposed anchorage regulations designate selected current or 
temporarily established Anchorage Grounds for spectator or OPSAIL 2000 
participant vessel use only. They restrict all other vessels from using 
these anchorage grounds during various portions of the OPSAIL 2000 
event. The anchorage grounds are needed to provide viewing areas for 
spectator vessels while maintaining a clear parade route for the 
participating OPSAIL vessels and to protect boaters and spectator 
vessels from the hazards associated with the Parade of Tall Ships.
    The Coast Guard proposes to temporarily suspend Anchorage Area C 
(see 33 CFR 110.147(3)), and redesignate it as Anchorage Area G, 
exclusively for spectator vessels exceeding 50 feet in length, carrying 
passengers for the viewing of the Tall Ships parade. Anchorage Area G 
will be established from 7:30 a.m., until 5 p.m., on July 12, 2000. The 
Coast Guard proposes to temporarily establish Anchorage Area H in 
Niantic Bay exclusively for the vessels participating in the Parade of 
Tall Ships. Anchorage Area H in Niantic Bay will be established from 6 
a.m., on July 11, 2000 until 5 p.m., on July 12, 2000. Anchorage Area H 
is the same area designated as Regulated Area A. Therefore, within this 
area, vessels other than those participating in OPSAIL 2000 will not be 
able to anchor and will be able to transit at reduced speeds staying at 
least 100 yards away from any OPSAIL 2000 vessel.
    The Coast Guard proposes to temporarily establish Anchorage Area I 
in the Thames River in the vicinity of the State Pier exclusively for 
vessels who have participated in the Parade of Tall Ships. Anchorage 
Area I will be established from 7:30 a.m., on July 12, 2000 until 5 
p.m., on July 12, 2000. The Coast Guard proposes to temporarily 
establish Anchorage Area J, located in the Thames River on the eastern 
side of the Federal Channel, exclusively for spectator vessels 
exceeding 50 feet in length carrying passengers for the viewing of the 
Tall Ships parade. Anchorage Area J will be established from 7:30 a.m., 
until 5 p.m., on July 12, 2000.

Safety Zones

    The Coast Guard proposes to establish two safety zones in the 
waters of Long Island Sound and New London Harbor. Safety Zone 1 
includes all waters of the Thames River in New London Harbor, in the 
vicinity of the State Pier within the following boundaries: beginning 
at a point located on the west shore line of the Thames River 25 yards 
below the Thames River Railroad Bridge, position 41 deg.21'46" N, 
072 deg.05'23" W (NAD 1983), then to position 41 deg.21'46" N, 
072 deg.05'16" W (NAD 1983), then to position 41 deg.20'37" N, 
072 deg.05'16" W (NAD 1983), then to position 41 deg.20'37" N, 
072 deg.05'33" W (NAD 1983), then along the shoreline to position 
41 deg.21'46" N, 072 deg.05'23" W (NAD 1983). This safety zone will be 
used as a mooring and turning area for the Parade of Tall Ships at the 
conclusion of the parade and is effective from 7:30 a.m., on July 12, 
2000, until 5 p.m., on July 12, 2000. Safety Zone 1 consists of the 
same area as Anchorage I.
    Safety Zone 2 covers all waters of the Thames River within the 
following boundaries: beginning at the east side of the Federal Channel 
at the Thames River Rail Road Bridge in the Port of New London, in 
position 41 deg.21'47.0" N, 072 deg.05'14.0" W (NAD 1983), then 
southward along the east side of the Federal Channel to the New London 
Harbor Channel Lighted Buoy ``2'' (LLNR 21790) in approximate position 
41 deg.17'38" N, 072 deg.04'40" W (NAD 1983), then to Bartlett Reef 
Lighted Bell Buoy ``4'' (LLNR 21065) in approximate position 
41 deg.15'38" N, 072 deg.08'22" W (NAD 1983), then south to Bartlett 
Reef Lighted Buoy ``1'' (LLNR 21065) in approximate position 
41 deg.16'28" N, 072 deg.07'54" W (NAD 1983), then to an area located, 
bearing 192 deg.T, approximately 325 yards from Rapid Rock Buoy ``R'' 
(LLNR 21770) 41 deg.17'07" N, 072 deg.06'09" W (NAD 1983), then to 
position 41 deg.18'04" N, 072 deg.04'50" W (NAD 1983), which meets the 
west side of the Federal Channel, then along the west side of the 
Federal Channel to the Thames River Railroad Bridge in the Port of New 
London, in the position 41 deg.21'46" N, 072 deg.05'23" W (NAD 1983). 
This proposed area will be used for the parade route of Tall Ships and 
is effective from 7:30 a.m., on July 12, 2000, until 5 p.m., on July 
12, 2000. No vessel may transit within Safety Zones 1 or 2 unless 
authorized by the Coast Guard Captain of the Port, Long Island Sound, 
or his on-scene representative.

Regulatory Evaluation

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order. It has not been reviewed by the Office of Management and 
Budget under that Order. It is not significant under the regulatory 
policies and procedures of the Department of Transportation (DOT) (44 
FR 11040; February 26, 1979).
    The Coast Guard expects the economic impact of this proposed rule 
to be so minimal that a full Regulatory Evaluation under paragraph 10e 
of the regulatory policies and procedures of DOT is unnecessary.
    Although this regulation prevents traffic from transiting a portion 
of Long Island Sound, Niantic Bay, and the Thames River during the 
events, the effect of this regulation will not be significant for the 
following reasons: the limited duration that the regulated areas will 
be in effect, mariners will be able to transit around these areas and 
the extensive advance notifications that will be made to the maritime 
community via the Local Notice to Mariners, facsimile, marine 
information broadcasts, local area committee meetings, and New London 
area newspapers. Mariners will be able to adjust their plans 
accordingly based on the extensive advance information. Additionally, 
these regulated areas have been narrowly tailored to impose the least 
impact on maritime interests yet provide the level of safety deemed 
necessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considers whether this proposed rule, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small entities'' include small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    For the reasons stated in the Regulatory Evaluation section above, 
the Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule, if adopted, will not have a significant economic impact on a 
substantial number of small entities. This proposed rule would affect 
the following entities, some of which might be small entities: the 
owners or operators of vessels

[[Page 16360]]

intending to transit through Niantic Bay, portions of Long Island Sound 
and New London Harbor during various times from July 11-12, 2000. 
Although these regulations would apply to a substantial portion of 
Niantic Bay and New London Harbor, designated areas for viewing the 
Parade of Sail are being established to allow for maximum use of the 
waterways by commercial tour boats that usually operate in the affected 
areas. Vessels, including commercial traffic, will be able to transit 
around the designated areas. At no time will the Port of New London be 
closed to commercial traffic. Before the effective period, the Coast 
Guard would make notifications to the public via mailings, facsimiles, 
the Local Notice to Mariners and use of the sponsors Internet site. In 
addition, the sponsoring organization, OPSAIL, Inc., is planning to 
publish information of the event in local newspapers, pamphlets, and 
television and radio broadcasts.
    If, however, you think that your business or organization qualifies 
as a small entity and that this proposed rule will have a significant 
economic impact on your business or organization, please submit a 
comment (see ADDRESSES) explaining why you think it qualifies and in 
what way and to what degree this proposed rule will economically affect 
it.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this proposed rule under E.O. 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under E.O. 13405, Protection of 
Children from Environmental Health Risks and Safety Risks. This rule is 
not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    The Coast Guard considered the environmental impact of this 
proposed rule and concluded that, under figure 2-1, paragraphs 34(f and 
h), of Commandant Instruction M16475.1C, this proposed rule is 
categorically excluded from further environmental documentation. A 
written Categorical Exclusion Determination is available in the docket 
for inspection or copying where indicated under ADDRESSES.

List of Subjects

33 CFR 100

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

33 CFR 110

    Anchorage grounds.

33 CFR 165

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

Proposed Regulation

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

 PART 100--[AMENDED]

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

    Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR 
100.35.

    2. Add temporary Sec. 100.T01-203 to read as follows:


Sec. 100.T01-203  Special Local Regulations: OPSAIL 2000 CT, Long 
Island Sound and the Thames River, Connecticut.

    (a) Regulated Area A location. All waters of Niantic Bay located on 
Long Island Sound within the following boundaries: Beginning at a point 
300 yards, bearing 203 deg.T from Wigwam Rock 41 deg.18'53" N, 
072 deg.11'48" W (NAD 1983), then 41 deg.18'53" N, 072 deg.10'38" W 
(NAD 1983), then 41 deg.16'40" N, 072 deg.10'38" W (NAD 1983) then to 
41 deg.16'40" N, 072 deg.11'48" W (NAD 1983).
    (b) Special local regulations. (1) Vessels transiting Area A must 
do so at no wake speed or at speeds not to exceed 6 knots, whichever is 
less.
    (2) Vessels transiting Area A must not maneuver within 100 yards of 
a Tall Ship or an OPSAIL participating vessel unless they are 
specifically authorized to do so by Coast Guard Captain of the Port, 
Long Island Sound, or his on-scene representative.
    (c) Effective period. This section is effective from 6 a.m., July 
11, 2000 until 5 p.m., on July 12, 2000.

PART 110--ANCHORAGE REGULATIONS

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

    Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035 and 
2071; 49 CFR 1.46 and 33 CFR 1.05-1(g).

    4. From July 11, 2000 through July 12, 2000, Sec. 110.147 is 
temporarily amended by suspending paragraph (a)(3) and adding new 
paragraphs (a)(7), (a)(8), (a)(9) and (a)(10) to read as follows:


Sec. 110.147  New London Harbor, Conn.

    (a) * * *
    (7) Anchorage Area G. In the Thames River southward of New London 
Harbor, bounded by lines connecting a point bearing 100 deg., 450 yards 
from New London Harbor Light, a point bearing 270 deg. 575 yards from 
New London Ledge Light (latitude 41 deg.18'21" N., longitude 
72 deg.04'41" W.), and a point bearing 270 deg., 1450 yards from New 
London Ledge Light. From 7:30 a.m., on July 12, 2000 through 5 p.m., on 
July 12, 2000, this anchorage is designated for the exclusive use of 
spectator vessels exceeding 50 feet in length carrying passengers for 
the viewing of the Tall Ships Parade.
    (8) Anchorage Area H. All waters of Niantic Bay located on Long 
Island Sound within the following boundaries: beginning at a point 300 
yards, bearing 203T from Wigwam Rock 41 deg.18'53" N, 072 deg.11'48" W 
(NAD 1983), then to 41 deg.18'53" N, 072 deg.10'38" W (NAD 1983), then 
to 41 deg.16'40" N, 072 deg.10'38" W (NAD 1983), then to 41 deg.16'40" 
N, 072 deg.11'48" W (NAD 1983). From 6 a.m., July 11, 2000 until 5 
p.m., on July 12, 2000, this anchorage is designated exclusively for 
the use of vessels participating in the Parade of Tall Ships into New 
London Harbor on July 12, 2000.
    (9) Anchorage I. All waters of the Thames River in New London 
Harbor, in the vicinity of the State Pier within

[[Page 16361]]

the following boundaries: beginning at a point located on the west 
shore line of the Thames River 25 yards below the Thames River Railroad 
Bridge, position 41 deg.21'46" N, 072 deg.05'23" W (NAD 1983), then to 
position 41 deg.21'46" N, 072 deg.05'16" W (NAD 1983), then to position 
41 deg.20'37" N, 072 deg.05'16" W (NAD 1983), then to position 
41 deg.20'37" N, 072 deg.05'33" W (NAD 1983), then along the shoreline 
to position 41 deg.21'46" N, 072 deg.05'23" W (NAD 1983). From 7:30 
a.m., on July 12, 2000 through 5 p.m. on July 12, 2000, this anchorage 
is designated for the exclusive use of vessels participating in the 
Parade of Tall Ships into New London Harbor.
    (10) Anchorage J. All waters of the Thames River southward of New 
London Harbor, on the east side of the Federal Channel within the 
following boundaries: beginning at a point bearing 245 deg.T, 290 yards 
from Eastern Point 41 deg.19'07" N, 072 deg.04'42" W (NAD 1983), then 
to position 41 deg.19'01" N, 072 deg.04'30" W (NAD 1983), then to 
position 41 deg.18'46" N, 072 deg.04'36" W (NAD 1983), then to position 
41 deg.18'44" N, 072 deg.04'49" W (NAD 1983). This area is designated 
for the exclusive use of commercial vessels greater than 50 feet in 
length carrying passengers for the viewing of the Tall Ships parade 
from 7:30 a.m., on July 12, 2000, until 5 p.m., on July 12, 2000.
* * * * *

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05(g), 6.04-
1, 6.04-6 and 160.5; 49 CFR 1.46.

    6. Add temporary Sec. 165.T01-203 to read as follows:


Sec. 165.T01-198  Safety Zones: OPSAIL 2000, Port of New London, 
Connecticut.

    (a) The following areas are established as a safety zone:
    (1) Safety Zone 1. Includes all waters of the Thames River in New 
London Harbor, in the vicinity of the State Pier within the following 
boundaries: beginning at a point located on the west shore line of the 
Thames River 25 yards below the Thames River Railroad Bridge, position 
41 deg.21'46" N, 072 deg.05'23" W (NAD 1983), then to position 
41 deg.21'46" N, 072 deg.05'16" W (NAD 1983), then to position 
41 deg.20'37" N, 072 deg.05'16" W (NAD 1983), then to position 
41 deg.20'37" N, 072 deg.05'33" W (NAD 1983), then along the shoreline 
to position 41 deg.21'46" N, 072 deg.05'23" W (NAD 1983). This safety 
zone will be used as a mooring and turning area for the Parade of Tall 
Ships at the conclusion of the parade from 7:30 a.m., on July 12, 2000 
until 5 p.m., on July 12, 2000.
    (2) Safety Zone 2. Includes waters of the Thames River within the 
following boundaries: beginning at the east side of the Federal Channel 
at the Thames River Rail Road Bridge in the Port of New London, in 
position 41 deg.21'47.0" N, 072 deg.05'14.0" W (NAD 1983), then 
southward along the east side of the Federal Channel to the New London 
Harbor Channel Lighted Buoy ``2'' (LLNR 21790) in approximate position 
41 deg.17'38" N, 072 deg.04'40" W (NAD 1983), then to Bartlett Reef 
Lighted Bell Buoy ``4'' (LLNR 21065) in approximate position 
41 deg.15'38" N, 072 deg.08'22" W (NAD 1983), then south to Bartlett 
Reef Lighted Buoy ``1'' (LLNR 21065) in approximate position 
41 deg.16'28" N, 072 deg.07'54" W (NAD 1983), then to an area located, 
bearing 192 deg.T, approximately 325 yards from Rapid Rock Buoy ``R'' 
(LLNR 21770) 41 deg.17'07" N, 072 deg.06'09" W (NAD 1983), then to 
position 41 deg.18'04" N, 072 deg.04'50" W, (NAD 1983), which meets the 
west side of the Federal Channel, then along the west side of the 
Federal Channel to the Thames River Railroad Bridge in the Port of New 
London, in the position 41 deg.21'46" N, 072 deg.05'23" W (NAD 1983). 
This safety zone will be used for the parade route of Tall Ships from 
7:30 a.m., on July 12, 2000, until 5 p.m., on July 12, 2000.
    (b) No vessel may transit within Safety Zone 1 or 2 without the 
express authorization of the Coast Guard Captain of the Port, Long 
Island Sound, or his on-scene representative. All persons and vessels 
shall comply with the instructions of the Coast Guard Captain of the 
Port or the designated on-scene patrol personnel. These personnel 
comprise commissioned, warrant, and petty officers of the Coast Guard. 
Upon being hailed by siren, radio, flashing light, or other means, the 
operator of the vessel shall proceed as directed. (c) This section is 
effective from 7:30 a.m. on July 12, 2000 until 5 p.m. on July 12, 
2000.

    Dated: March 15, 2000.
Robert F. Duncan,
Captain, U.S. Coast GuardActing Commander, First Coast Guard District, 
Boston, Massachusetts.
[FR Doc. 00-7468 Filed 3-27-00; 8:45 am]
BILLING CODE 4910-15-U