[Federal Register Volume 69, Number 93 (Thursday, May 13, 2004)]
[Proposed Rules]
[Pages 26526-26531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10812]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 110 and 165

[CGD01-04-006]
RIN 1625-AA00, AA01, AA08


Regulated Navigation Area, Anchorage Grounds, Safety and Security 
Zones; Tall Ships Environmental Festival, New London, Port of New 
London, CT

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a regulated navigation 
area, anchorage grounds, and safety and security zones in Niantic Bay, 
Long Island Sound, the Thames River and New London Harbor, for the Tall 
Ships Environmental Festival. These proposed regulations would provide 
for the safety of life and property on the navigable waters of the 
United States and for the security of participating tall ships during 
the Tall Ships Environmental Festival, New London, 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 material must reach the Coast Guard on or 
before June 14, 2004.

ADDRESSES: You may mail comments and related material to Planning/
Waterways Management, Coast Guard Group/Marine Safety Office Long 
Island Sound, 120 Woodward Avenue, New Haven, CT 06512. Coast Guard 
Group/Marine Safety Office Long Island Sound 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 Group/Marine Safety Office Long 
Island Sound, New Haven, CT, between 9 a.m. and 3 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant A. Logman, Waterways 
Management Officer, Coast Guard Group/Marine Safety Office Long Island 
Sound at (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 (CGD01-04-
006), indicate the specific section of this document to which each 
comment applies, and give the 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 if 
your submission 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 the proposed rule in 
view of them.
    We chose to publish this NPRM, and because of the closeness of the 
event, we anticipate making the final rule effective less than 30 days 
from publication in the Federal Register.

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/Marine Safety 
Office Long Island Sound 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.

[[Page 26527]]

Background and Purpose

    The Port of New London, Connecticut will host the Tall Ships 
Environmental Festival from July 22 to 25, 2004. This visit of Class A, 
B and C sailing vessels is part of an annual series of sail training 
races, rallies, cruises and port festivals organized by the American 
Sail Training Association in conjunction with host ports in the United 
States (U.S.) and Canada. The Tall Ships visit to New London is being 
sponsored by the Tunza International Children's Conference on the 
Environment (ICCE) that will take place in New London, Connecticut from 
19-23 July 2004. The Fifth International Children's Conference on the 
Environment, sponsored by the United Nations Environment Program, will 
host approximately 600 Children from 100 Countries to discuss issues of 
critical importance to the environment. Tied into the conference, the 
Tall Ships visit to New London will have a unique environmental focus.
    The Tall Ships visit to New London, which will occur from July 22-
25, will include a Parade of Sail on July 22, 2004. Approximately 30 
Class A, B and C vessels are expected to participate in the Parade of 
Sail. These proposed regulations would provide for the safety of life 
and property on the navigable waters of the United States by preventing 
the large number of participating and spectator vessels from 
interfering with the organized Parade of Sail. There will be vessels 
participating in the event from several foreign countries and the high 
visibility of this event warrants that both safety and security zones 
be established to safeguard participating vessels, their crews and the 
maritime public from sabotage or other subversive acts, accidents, or 
other hazards of a similar nature.
    Under the proposed regulations, the Tall Ships and participating 
vessels would anchor in Niantic Bay on July 21, 2004. On July 22, 2004, 
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. Most participating vessels will then berth at the 
Admiral Shear State Pier; some will also berth at City Pier in New 
London. Other piers in New London may also be utilized for this event, 
including Fort Trumbull State Park. The remainder of the vessels not 
participating in the Tall Ships Festival or otherwise berthing in the 
Port of New London are expected to sail back to Long Island Sound 
following their participation in the parade down the east side of the 
Channel.
    The proposed regulations would create vessel movement controls, 
safety and security zones for the Parade of Sail and would create 
temporary anchorage regulations. The regulations would be in effect at 
various times in Niantic Bay, Long Island Sound, and New London Harbor 
on July 21 and July 22, 2004. Vessel congestion due to the large number 
of participating and spectator vessels poses a significant threat to 
the safety of life and property. This temporary rulemaking is necessary 
to ensure the safety of life and property on the navigable waters of 
the United States and to safeguard participating vessels, their crews 
and the maritime public from sabotage or other subversive acts, 
accidents, or other hazards of a similar nature.
    Vessel transits may also be directed through the vessel operating 
restrictions imposed by 33 CFR 165.153. These regulations impose 
operating, inspection and reporting requirements for vessels and create 
regulated areas surrounding vessels in commercial service, including 
ferries.

Regulated Navigation Area

    The Coast Guard proposes to establish temporary Regulated 
Navigation Area ``A'' (Area A) in Niantic Bay from July 21-22, 2004. 
The regulated area is needed to protect the maritime public and 
participating vessels from 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 Sail into New London Harbor on 
July 22, 2004.
    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, 
then to 41[deg]18'53'' N, 072[deg]10'38'' W, then to 41[deg]16'40'' N, 
072[deg]10'38'' W, then to 41[deg]16'40'' N, 072[deg]11'48'' W. All 
coordinates are North American Datum (NAD) 1983. This proposed 
regulated area would be effective from 6 a.m. July 21, 2004 to 2 p.m. 
July 22, 2004.
    Vessels transiting Area A must do so at no wake speed or at speeds 
not to exceed 6 knots, whichever is less. Vessels transiting Area A 
must not maneuver within 100 yards of a tall ship or other vessel 
participating in the Tall Ships Environmental Festival, unless 
authorized by the Captain of the Port (COTP) or the COTP's on-scene 
representative. On-scene representatives are commissioned, warrant, and 
petty officers of the U.S. Coast Guard.

Anchorage Regulations

    The Coast Guard, upon the consent of the Chief of Engineers, Army 
Corps of Engineers, Concord, MA, is proposing to establish temporary 
Anchorage regulations for participating Tall Ships Environmental 
Festival vessels and spectator craft. Under the proposed regulations, 
current Anchorage Ground regulations in Title 33 Code of Federal 
Regulations (CFR) Sec.  110.147 would be temporarily suspended and 
other Anchorage Grounds would be temporarily established.
    The proposed temporary anchorage regulations would designate 
selected current or temporarily established anchorage grounds for 
spectator or Tall Ships Environmental Festival participant vessel use 
only. They restrict all other vessels from using these anchorage 
grounds during various portions of the Tall Ships Environmental 
Festival event. The anchorage grounds are needed to provide viewing 
areas for spectator vessels while maintaining a clear parade route for 
the participating Tall Ships Environmental Festival vessels and to 
protect boaters and spectator vessels from the hazards associated with 
the Parade of Sail.
    The Coast Guard proposes to temporarily suspend Anchorage C, 
located at 33 CFR Sec.  110.147(a)(3); redesignating the same location 
as Anchorage G, making it exclusively for spectator vessels exceeding 
50 feet in length, carrying passengers for the viewing of the Parade of 
Sail. Under the proposed regulations, Anchorage G would be established 
from 7:30 a.m. until 2 p.m., on July 22, 2004.
    The Coast Guard would temporarily establish Anchorage J exclusively 
for spectator vessels exceeding 50 feet in length carrying passengers 
for the viewing of the Parade of Sail. Anchorage J includes 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, 480 yards from Eastern Point, 41[deg]19'03'' 
N, 072[deg]04'48'' W, then to position 41[deg]18'42'' N, 
072[deg]04'30'' W, then to position 41[deg]18'40'' N, 072[deg]04'45'' 
W. All coordinates are North American Datum (NAD) 1983. Anchorage J 
would be established from 7:30 a.m. until 2 p.m. on July 22, 2004.
    The Coast Guard would temporarily establish Anchorage H in Niantic 
Bay exclusively for the vessels participating in the Parade of Sail. 
Anchorage H would be established from 6 a.m. on July 21, 2004 until 2 
p.m. on July 22, 2004. Anchorage H is the same area

[[Page 26528]]

designated as the proposed Regulated Navigation Area. Therefore, within 
this area, vessels other than those participating in the Tall Ships 
Environmental Festival would not be permitted to anchor and must 
transit at reduced speeds staying at least 100 yards away from any Tall 
Ships Environmental Festival participants.
    The Coast Guard proposes to temporarily establish Anchorage I in 
the Thames River in the vicinity of the State Pier exclusively for 
vessels who have participated in the Parade of Sail which are awaiting 
berthing availability. Anchorage I would be established from 7:30 a.m. 
until 2 p.m. on July 22, 2004.
    Anchorage I would be located on 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 
shoreline of the Thames River 25 yards below the Thames River Railroad 
Bridge, position 41[deg]21'46'' N, 072[deg]05'23'' W, then to position 
41[deg]21'46'' N, 072[deg]05'16'' W then south along the western limit 
of the Federal Channel to position 41[deg]20'37'' N, 072[deg]05'87'' W, 
then to position 41[deg]20'37'' N, 072[deg]05'33'' W, then along the 
shoreline to position 41[deg]21'46'' N, 072[deg]05'23'' W. All 
coordinates are North American Datum (NAD) 1983.

Safety and Security Zones

    The Coast Guard proposes to establish two safety and security zones 
for the Tall Ships event. Safety and Security Zone 1 would be 
established by reference to fixed coordinates. Safety and Security Zone 
1 would be utilized around the Parade of Sail route and 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 shoreline of the Thames River 25 yards below Thames 
River Railroad Bridge, position 41[deg]21'46'' N, 072[deg]05'23'' W, 
then east to position 41[deg]21'46'' N, 072[deg]05'16'' W, then south 
along the western limit of the Federal Channel to position 
41[deg]20'37'' N, 072[deg]05'87'' W, then west to position 
41[deg]20'37'' N, 072[deg]05'33'' W, then along the shoreline to the 
starting position, 41[deg]21'46'' N, 072[deg]05'23'' W. This safety and 
security zone would be used as a mooring and turning area for the 
Parade of Sail participants as the participants conclude the parade and 
is effective from 7:30 a.m. until 2 p.m. on July 22, 2004. Safety and 
Security Zone 1 consists of the same area as Anchorage I.
    Safety and Security 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'' N, 072[deg]05'14'' W, 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, then to Bartlett Reef Lighted Bell 
Buoy ``4'' (LLNR 21065) in approximate position 41[deg]15'38'' N, 
072[deg]08'22'' W, then north to Bartlett Reef Buoy ``1'' (LLNR 21758) 
in approximate position 41[deg]16'28'' N, 072[deg]07'54'' W, then to an 
area located, bearing 192 degrees true, approximately 325 yards from 
Rapid Rock Buoy ``R'' (LLNR 21770) 41[deg]17'07'' N, 072[deg]06'09'' W, 
then to position 41[deg]18'04'' N, 072 [deg]04'50'' W, 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. This area 
will be used for the parade route of Tall Ships and is effective from 
7:30 a.m. until 2 p.m., on July 22, 2004. All coordinates are North 
American Datum (NAD) 1983. Safety and Security Zone 2 encompasses a 
permanent Anchorage in New London Harbor, Anchorage A, located at 33 
CFR Sec.  110.147(a)(1). Anchorage A is designated for barges and small 
vessels drawing less than 12 feet. Use of this anchorage would be 
contrary to the purposes of establishing this safety and security zone. 
Anchorage A would therefore be suspended during the effective period of 
Safety and Security Zone 2. The proposed safety and security zones have 
been tailored to fit the needs of safety while minimizing the impact on 
the maritime community.
    No vessel may enter, remain in, or transit within Safety and 
Security Zones 1 or 2 unless authorized by the Coast Guard Captain of 
the Port, Long Island Sound or his on-scene representative as described 
above. Each person or vessel in a safety zone shall obey any direction 
or order of the COTP.
    The proposed safety and security zone regulations may be enforced 
and punishable by the terms set forth by 33 U.S.C. 1232 and 50 U.S.C. 
192 accordingly. Enforcement of violations of these regulations may 
include, in addition to any civil and criminal penalties authorized by 
33 U.S.C. 1232 and 50 U.S.C. 192, in rem liability against the 
offending vessel as well as license sanctions against the offending 
mariner. This regulation is proposed under the authority contained in 
Title 33 United States Code (U.S.C.) 1223 and 1225, 50 U.S.C. 191, and 
the regulations promulgated thereunder.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary. Although this regulation would 
prevent traffic from transiting a portion of Long Island Sound, Niantic 
Bay, and the Thames River during the event, the potential impacts will 
be minimized for the following reasons: the anchorage grounds, 
regulated area, and safety and security zones only encompass a small 
portion of the Thames River, New London Harbor and Niantic Bay, 
respectively, allowing sufficient room for vessels to operate or anchor 
outside of the areas; the anchorage grounds, regulated area, and 
safety/security zones are of limited duration; commercial traffic would 
be allowed to proceed in a single direction in the Thames River 
Navigation Channel; there will be extensive advanced notifications 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 would be able to adjust their plans 
accordingly based on the extensive advance information. Additionally, 
the regulated area, anchorage grounds, safety and security zones have 
been narrowly tailored to impose the least impact on maritime interests 
yet provide the level of safety and protection deemed necessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses and not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule

[[Page 26529]]

would not have a significant economic impact on a substantial number of 
small entities. This proposed rule may affect the following entities, 
some of which may be small entities: the owners or operators of vessels 
intending to transit through Niantic Bay, portions of Long Island 
Sound, and New London Harbor on 21 and 22 July 2003. Although these 
proposed regulations apply to a substantial portion of Niantic Bay and 
New London Harbor, designated areas for viewing the Parade of Sail have 
been 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. Although vessel traffic will only be permitted to 
operate in one direction at a time on the Thames River, at no time will 
the Port of New London be closed to commercial traffic. Before the 
effective period, the Coast Guard will make notifications to the public 
via Local Notice to Mariners and broadcast notice to mariners. In 
addition, the sponsoring organization, ICCE, is planning to publish 
information of the event in local newspapers and other media outlets.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under subsection 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 [Pub. L. 104-121], the Coast Guard 
wants to assist small entities in understanding this proposed rule so 
that they can better evaluate its effects on them and participate in 
the rulemaking. If the proposed rule would affect your small business, 
organization, or governmental jurisdiction and you have questions 
concerning its provisions or options for compliance, please call 
Lieutenant A. Logman, Waterways Management Officer, Group/Marine Safety 
Office Long Island Sound, at (203) 468-4429.
    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).

Collection of Information

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

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
concern an environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 36361, July 11, 
2001) requesting comments on how to best carry out the Order. We invite 
your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

Energy Effects

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

Environment

    The Coast Guard considered the environmental impact of this 
proposed rule and concluded that, under figure 2-1, paragraphs 34 (f) 
and (g), of Commandant Instruction M16475.1D, this proposed rule is 
categorically excluded from further environmental documentation as long 
as the Coast Guard meets the conditions outlined in the ``Categorical 
Exclusion Determination'' document. The ``Categorical Exclusion 
Determination'' is available in the docket where indicated under 
ADDRESSES.

List of Subjects

33 CFR part 110

    Anchorage grounds.

33 CFR part 165

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

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

[[Page 26530]]

PART 110--ANCHORAGE REGULATIONS

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

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

    2. From 7:30 a.m. to 2 p.m. on July 22, 2004, in Sec.  110.147 
paragraphs (a)(1) and (a)(3) are temporarily suspended.
    3. From 6 a.m. on July 21, 2004, until 2 p.m. on July 22, 2004, 
temporarily add Sec.  110.T01-008 to read as follows:


Sec.  110.T01-008  Anchorage Grounds: Tall Ships Environmental 
Festival; Port of New London, Connecticut

    (a) Anchorage grounds. (1)(i) Anchorage 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. All coordinates are 
North American Datum 1983.
    (ii) Enforcement period. This paragraph will be enforced from 7:30 
a.m. until 2 p.m. on July 22, 2004.
    (2)(i) Anchorage H. All waters of Niantic Bay located on Long 
Island Sound bounded as follows: Beginning at a point 300 yards, 
bearing 203 deg. T from Wigwam Rock 41[deg]18'53'' N, 072[deg]11'48'' 
W, then to 41[deg]18'53'' N, 072[deg]10'38'' W, then to 41[deg]16'40'' 
N, 072[deg]10'38'' W, then to 41[deg]16'40'' N, 072[deg]11'48'' W. All 
coordinates are North American Datum 1983.
    (ii) Enforcement period. This paragraph will be enforced from 6 
a.m. on July 21, 2004, until 2 p.m. on July 22, 2004.
    (3)(i) Anchorage I. 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 shoreline of the 
Thames River 25 yards below the Thames River Railroad Bridge, position 
41[deg]21'46'' N, 072[deg]05'23'' W, then to position 41[deg]21'46'' N, 
072[deg]05'16'' W (NAD 1983), then south along the western limit of the 
Federal Channel to position 41[deg]20'37'' N, 072[deg]05'8.7'' W, then 
to position 41[deg]20'37'' N, 072[deg]05'33'' W, then along the 
shoreline to position 41[deg]21'46'' N, 072[deg]05'23'' W. All 
coordinates are North American Datum 1983.
    (ii) Enforcement period. This paragraph will be enforced from 7:30 
a.m until 2 p.m. on July 22, 2004.
    (4)(i) 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, 480 
yards from Eastern Point 41[deg]19'03'' N, 072[deg]04'48'' W, then to 
position 41[deg]19'04'' N, 072[deg]04'33'' W, then to position 
41[deg]18'42'' N, 072[deg]04'30'' W, then to position 41[deg]18'40'' N, 
072[deg]04'45'' W. All coordinates are North American Datum 1983.
    (ii) Enforcement period. This paragraph will be enforced from 7:30 
a.m. until 2 p.m. on July 22, 2004.
    (b) Regulations. (1) Anchorage G. 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.
    (2) Anchorage H. This anchorage is designated exclusively for the 
use of vessels participating in the Parade of Tall Ships into New 
London Harbor.
    (3) Anchorage I. This anchorage is designated for the exclusive use 
of vessels participating in the Parade of Tall Ships into New London 
Harbor.
    (4) Anchorage J. This anchorage 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.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

    5. From 7:30 a.m until 2 p.m. on July 22, 2004, temporarily add 
Sec.  165.T01-006 to read as follows:


Sec.  165.T01-006  Safety and Security Zones: Tall Ships Environmental 
Festival; Port of New London, Connecticut.

    (a) Regulated area. The following areas are established as Safety 
and Security Zones:
    (1) Safety and Security Zone 1. 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 
shoreline of the Thames River 25 yards below the Thames River Railroad 
Bridge, position 41[deg]21'46'' N, 072[deg]05'23'' W, then south along 
the western limit of the Federal Channel to position 41[deg]20'37'' N, 
072[deg]05'87'' W, then to position 41[deg]20'37'' N, 072[deg]05'33'' 
W, then along the shoreline to position 41[deg]21'46'' N, 
072[deg]05'23'' W.
    (2) Safety and Security Zone 2. All waters of the Thames River and 
Long Island Sound 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'' N, 
072[deg]05'14.0'' W, 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, 
then to Bartlett Reef Lighted Bell Buoy ``4'' (LLNR 21065) in 
approximate position 41[deg]15'38'' N, 072[deg]08'22'' W, then north to 
Bartlett Reef Lighted Buoy ``1'' (LLNR 21758) in approximate position 
41[deg]16'28'' N, 072[deg]07'54'' W, then to an area located, bearing 
192 degrees true, approximately 325 yards from Rapid Rock Buoy ``R'' 
(LLNR 21770) 41[deg]17'07'' N, 072[deg]06'09'' W, then to position 
41[deg]18'04'' N,072[deg]04'50'' W, 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. (b) Regulations. No vessel may 
transit within Safety and Security 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) Effective period. This section is effective from 7:30 a.m. 
until 2 p.m. on July 22, 2004.
    6. From 6 a.m. on July 21, 2004, until 2 p.m. on July 22, 2004, 
temporarily add Sec.  165.T01-007 to read as follows:


Sec.  165.T01-007  Regulated Navigation Area: Tall Ships Environmental 
Festival, CT, Long Island Sound and the Thames River, Connecticut.

    (a) Regulated Navigation Area A. The following area is a Regulated 
Navigation Area: All waters of Niantic Bay located on Long Island Sound 
bounded as follows: Beginning at a point 300 yards, bearing 203 deg. T 
from Wigwam Rock 41[deg]18'53'' N, 072[deg]11'48'' W, then to 
41[deg]18'53'' N, 072[deg]10'38'' W, then to 41[deg]16'40'' N, 
072[deg]10'38'' W, then to 41[deg]16'40'' N, 072[deg]11'48'' W. All 
coordinates are North American Datum 1983.
    (b)(1) Vessels transiting Regulated Navigation Area A must do so at 
no

[[Page 26531]]

wake speed or at speeds not to exceed 6 knots, whichever is less.
    (2) Vessels transiting Regulated Navigation Area A must not 
maneuver within 100 yards of a Tall Ship or a Tall Ships Environmental 
Festival 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 
21, 2004 until 2 p.m., on July 22, 2004.

    Dated: May 2, 2004.
Vivien S. Crea,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 04-10812 Filed 5-12-04; 8:45 am]
BILLING CODE 4910-15-P