[Federal Register Volume 77, Number 53 (Monday, March 19, 2012)]
[Proposed Rules]
[Pages 15981-15985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6493]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0066]
RIN 1625-AA08


Special Local Regulations; OPSAIL 2012 Connecticut, Niantic Bay, 
Long Island Sound, Thames River and New London Harbor, New London, CT

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish temporary special local 
regulations on the navigable waters of Niantic Bay, Long Island Sound, 
the Thames River and New London Harbor, New London, Connecticut for 
OPSAIL 2012 Connecticut (CT) activities. This action is necessary to 
provide for the safety of life on navigable waters during OPSAIL 2012 
CT. This action would restrict vessel traffic in portions of Niantic 
Bay, Long Island Sound, the Thames River, and New London Harbor unless 
authorized by the Captain of the Port (COTP) Sector Long Island Sound 
(SLIS).

[[Page 15982]]


DATES: Comments and related material must be received by the Coast 
Guard on or before May 18, 2012.
    Requests for public meetings must be received by the Coast Guard on 
or before April 9, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0066 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Petty Officer Joseph Graun, Prevention Department, 
U.S. Coast Guard Sector Long Island Sound, (203) 468-4544, 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

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

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking USCG-2012-0066, indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via www.regulations.gov, it will be considered received 
by the Coast Guard when you successfully transmit the comment. If you 
fax, hand deliver, or mail your comment, it will be considered as 
having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an email address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number (USCG-2012-0066) in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2012-0066) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

Privacy Act

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

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before April 9, 2012 using one of the four 
methods specified under ADDRESSES. Please explain why you believe a 
public meeting would be beneficial. If we determine that one would aid 
this rulemaking, we will hold one at a time and place announced by a 
later notice in the Federal Register.

Basis and Purpose

    The legal basis for this rule is 33 U.S.C. 1233, which authorizes 
the Coast Guard to define Special Local Regulations.
    This temporary special local regulation is necessary to ensure the 
safety of vessels and spectators from hazards associated with OPSAIL 
2012 CT.

Discussion of Proposed Rule

    From Friday July 6 through Saturday July 7, 2012 Operation Sail, 
Inc. is sponsoring the ``Parade of Sail'' a tall ship marine parade 
into New London Harbor. Tall ships and other participating vessels will 
be staged in Niantic Bay on July 6, 2012. On July 7, 2012, the tall 
ships and participating vessels will commence the ``Parade of Sail'' 
transiting from Niantic Bay to New London Harbor via Long Island Sound 
and the Thames River Federal Channel. The Coast Guard expects a minimum 
of 5,000 spectator craft for this event. Once in New London Harbor, the 
vessels will be moored or anchored and available for public viewing 
until July 8, 2012.
    The COTP SLIS has determined the combination of increased numbers 
of recreation vessels, a marine parade and congested waterways has the 
potential to result in serious injuries or fatalities. This special 
local regulation temporarily establishes regulated areas to restrict 
vessel movement around the location of the marine parade to reduce the 
risk associated with congested waterways. For these reasons The Coast 
Guard proposes five temporary regulated areas on Niantic Bay, Long 
Island Sound, the Thames River and New London Harbor from July 6, 2012 
through July 7, 2012. Exact coordinates for each area can be found in 
the regulation text.
    Area 1; All navigable waters of Niantic Bay extending south into 
Long

[[Page 15983]]

Island Sound. This proposed area would be used as a staging area for 
vessels participating in the ``Parade of Sail''. All vessels would be 
authorized to transit Area 1 at no wake speed or at speeds not to 
exceed 6 knots, whichever is less to maintain steerage way. In addition 
vessels transiting must not maneuver within 100 yards of a tall ship or 
other vessel participating in OPSAIL 2012 CT. This regulated area would 
be enforced from 6 a.m. July 6, 2012 until 5 p.m. July 7, 2012.
    Area 2; All navigable waters of the Thames River and Long Island 
Sound from the Thames River Rail Road Bridge to the mouth of the river 
then south west to Bartlett Reef. This area would be for the exclusive 
use of vessels participating in the ``Parade of Sail'' and would be 
enforced from 10 a.m. until 5 p.m. on July 7, 2012.
    Area 3; All navigable waters at the mouth of the Thames River west 
of the federal navigation channel. This area would be used as a 
spectator area limited to vessels exceeding 50 feet in length, carrying 
passengers for the viewing of the ``Parade of Sail''. Area 3 would be 
enforced from 7:30 a.m. until 5 p.m. on July 7, 2012.
    Area 4; All navigable waters at the mouth of the Thames River east 
of the federal navigation channel. This area would be used as a 
spectator area limited to vessels exceeding 50 feet in length, carrying 
passengers for the viewing of the ``Parade of Sail''. Area 4 would be 
enforced from 7:30 a.m. until 5 p.m. on July 7, 2012.
    Area 5; All navigable waters of the Thames River west of the 
federal navigation channel between Fort Trumbull and the Thames River 
Rail Road Bridge. This area will be used as a turning and mooring area 
for vessels participating in the ``Parade of Sail'' and would be 
enforced from 10 a.m. until 5 p.m. on July 7, 2012.
    The geographic locations of regulated areas, and specific 
requirements of this rule are contained in the regulatory text.
    Notice of this special local regulation, would be provided prior to 
the event through the Local Notice to Mariners and Broadcast Notice to 
Mariners. In addition, the sponsoring organization, Operation Sail, 
Inc., is planning to publish information of the event in local 
newspapers, pamphlets, Internet sites, television and radio broadcasts.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Executive Order 12866 and Executive Order 13563

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, 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.
    Although this regulation prevents traffic from transiting a portion 
of Long Island Sound, the Thames River and New London Harbor during 
OPSAIL 2012 CT, 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 would be able to transit around some 
areas, persons and vessels would still be able to enter, transit 
through, anchor in, or remain within the regulated areas if authorized 
by the COTP SLIS or designated representative. The extensive advance 
notifications that will be made to the maritime community through the 
Local Notice to Mariners, marine information broadcasts and New London 
area media; Mariners will be able to adjust their plans accordingly 
based on the extensive advance information. In addition, the sponsoring 
organization, Operation Sail, Inc., is planning to publish information 
of the event in local newspapers, Internet sites, pamphlets, television 
and radio broadcasts.
    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. 601-612), 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, 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 rule will 
not have a significant economic impact on a substantial number of small 
entities. This temporary rule will affect the following entities, some 
of which might be small entities: The owners or operators of vessels 
intending to transit through Niantic Bay, portions of Long Island 
Sound, the Thames River and New London Harbor during various times from 
July 6-7, 2012. Although these 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 some designated areas, persons and 
vessels would still be able to enter, transit through, anchor in, or 
remain within the regulated areas if authorized by the COTP SLIS or 
designated representative. Before the effective period, the Coast Guard 
will make notifications to the public through the Local Notice to 
Mariners and Broadcast Notice to Mariners. In addition, the sponsoring 
organization, Operation Sail, Inc., is planning to publish information 
of the event in local newspapers, Internet sites pamphlets, television 
and radio broadcasts.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT. The Coast Guard will not retaliate against 
small entities that question or complain about this proposed rule or 
any policy or action of the Coast Guard.

Collection of Information

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

Federalism

    A rule has implications for federalism under Executive Order 13132, 
federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of

[[Page 15984]]

power and responsibilities among the various levels of government. We 
have analyzed this proposed rule under that Order and determined that 
this rule does not have implications for federalism.

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. It appears 
that this proposed rule will qualify for Coast Guard categorical 
exclusion (34)(h), as described in figure 2-1 of the Instruction. This 
proposed rule establishes temporary special local regulations. We seek 
any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 33 U.S.C. 1233.

    2. Add Sec.  100.T01-0066 to read as follows:


Sec.  100.T01-0066  Special Local Regulations; OPSAIL 2012 Connecticut, 
Niantic Bay, Long Island Sound, Thames River and New London Harbor, New 
London, Connecticut.

    (a) Regulated Areas.
    (1) Area 1: All navigable waters of Niantic Bay and Long Island 
Sound within the following boundaries: Beginning at position 
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 then to point of origin 
41[deg]18'53'' N, 072[deg]11'48'' W (NAD 83).
    (2) Area 2: All navigable waters of the Thames River south of the 
railroad bridge and Long Island Sound within the following boundaries: 
Beginning on the east side of the federal channel at the Thames River 
Rail Road Bridge in the Port of New London 41[deg]21'46'' N, 
072[deg]05'14'' W then southward along the east side of the Federal 
Channel to 41[deg]17'38'' N, 072[deg]04'40'' W (New London Harbor 
Channel Lighted Buoy ``2'' (LLNR 21790)) then south west to 
41[deg]15'38'' N, 072[deg]08'22'' W (Bartlett Reef Lighted Bell Buoy 
``4'' (LLNR 21065)) then north to 41[deg]16'28'' N, 072[deg]07'54'' W 
(Bartlett Reef Lighted Buoy ``1'' (LLNR 21065)) then east to 
41[deg]17'07'' N, 072[deg]06'09'' W then continuing east to 
41[deg]18'04'' N, 072[deg]04'50'' W which meets the west side of the 
federal channel, then north along the west side of the federal channel 
to 41[deg]21'46'' N, 072[deg]05'17'' W (Thames River Railroad Bridge in 
the Port of New London), then east to the point of origin. (NAD 83).
    (3) Area 3: All navigable water of the Thames River within the 
following boundaries. Beginning at 41[deg]18'21'' N, 072[deg]05'36'' W 
then to 41[deg]18'21'' N, 072[deg]05'1.5'' W then to 41[deg]18'57'' N, 
072[deg]05'6'' W then to point of origin. (NAD 83).
    (4) Area 4: All waters of the Thames River within the following 
boundaries. Beginning at 41[deg]19'03'' N, 072[deg]04'48'' W then to 
41[deg]19'04'' N, 072[deg]04'33'' W then

[[Page 15985]]

to 41[deg]18'42'' N, 072[deg]04'30'' W then to 41[deg]18'40'' 
N,072[deg]04'45'' W then to point of origin. (NAD 83).
    (5) Area 5: All waters of the Thames River and New London Harbor 
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, 41[deg]21'46'' N, 072[deg]05'23'' W then east to 
41[deg]21'46'' N, 072[deg]05'17'' W then south along the western limit 
of the federal navigation channel to 41[deg]20'37'' N, 072[deg]05'8.7'' 
W then west to 41[deg]20'37'' N, 072[deg]05'31'' W then following the 
shoreline north to the point of origin. (NAD 83).
    (b) Special local regulations.
    (1) In accordance with the general regulations in section 100.35 of 
this part, entering into, transiting through, anchoring or remaining 
within the regulated areas is prohibited unless authorized by the 
Captain of the Port (COTP) Sector Long Island Sound (SLIS), or 
designated representative.
    (2) All persons and vessels are authorized by the COTP SLIS or 
designated representative to enter areas of this special local 
regulation in accordance with the following restrictions:
    (i) Area 1; all vessels may transit at a slow no wake speed or a 
speed not to exceed 6 knots, whichever is less to maintain steerage 
way. Vessels transiting must not maneuver within 100 yards of a tall 
ship or an OPSAIL 2012 CT participating vessel.
    (ii) Areas 3 & 4; access is limited to vessels greater than 50 feet 
in length.
    (iii) Areas 2 & 5; access is limited to vessels participating in 
the ``Parade of Sail''.
    (3) All persons and vessels shall comply with the instructions of 
the COTP SLIS or designated representative. These designated 
representatives are comprised of commissioned, warrant, and petty 
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard 
vessel by siren, radio, flashing lights, or other means the operator of 
a vessel shall proceed as directed.
    (4) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated areas must contact the COTP SLIS by 
telephone at (203)-468-4401, or designated representative via VHF radio 
on channel 16, to request authorization. If authorization to enter, 
transit through, anchor in, or remain within the regulated areas is 
granted by the COTP SLIS or designated representative, all persons and 
vessels receiving such authorization must comply with the instructions 
of the COTP SLIS or designated representative.
    (5) The Coast Guard will provide notice of the regulated areas, 
prior to the event through the Local Notice to Mariners and Broadcast 
Notice to Mariners. Notice will also be provided by on-scene designated 
representatives.
    (c) Enforcement Period: This section will be enforced during the 
following times:
    (1) Area 1, from 6 a.m. July 6, until 5 p.m. on July 7, 2012.
    (2) Areas 3 and 4, from 7:30 a.m. until 5 p.m. on July 7, 2012.
    (3) Areas 2 and 5, from 10 a.m. until 5 p.m. on July 7, 2012.

    Dated: March 6, 2012.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2012-6493 Filed 3-16-12; 8:45 am]
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