[Federal Register Volume 77, Number 54 (Tuesday, March 20, 2012)]
[Proposed Rules]
[Pages 16198-16202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6489]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-1029]
RIN 1625-AA00; AA87


Safety & Security Zones; OPSAIL 2012 Connecticut, Thames River, 
New London, CT

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish temporary safety and 
security zones on the Thames River near New London, CT for OPSAIL 2012 
Connecticut (CT) activities. This action is necessary to provide for 
the safety of life and protection of naval vessels on navigable waters 
during OPSAIL 2012 CT. This action would restrict vessels from entering 
into, transiting through, mooring or anchoring within the zones unless 
authorized by the Captain of the Port (COTP) Sector Long Island Sound 
(SLIS).

DATES: Comments and related material must be received by the Coast 
Guard on or before May 21, 2012.
    Requests for public meetings must be received by the Coast Guard on 
or before April 10, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-1029 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.

[[Page 16199]]


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-2011-1029, 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, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2011-1029'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. 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, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2011-1029'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
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. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

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 10, 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 the temporary rule is 33 U.S.C. 1231, 46 U.S.C. 
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 
6.04-6, 160.5; Pub. L. 107-295, 116 Stat. 2064; and Department of 
Homeland Security Delegation No. 0170.1, which collectively authorize 
the Coast Guard to define safety and security zones.
    OPSAIL 2012 CT is a multi-day marine event involving a gathering of 
naval vessels, and a fireworks display. This proposed rule is necessary 
to; (1) Protect participating naval vessels from security threats, (2) 
Protect waterway users from the dangers inherent to fireworks displays.

Discussion of Proposed Rule

    From Tuesday, July 3, 2012 through Monday, July 9, 2012, Operation 
Sail, Inc. is sponsoring a naval vessels viewing and a fireworks 
display as part of the OPSAIL 2012 CT. Participating U.S. and foreign 
naval vessel will begin arriving in the New London, CT area on July 3, 
2012. Upon arrival each vessel will transit up the Thames River to 
Admiral Shear State Pier where they will stay moored for public viewing 
until July 9, 2012. On the evening of July 7, 2012 the event organizer 
will put on an on-water fireworks display for public viewing. The 
fireworks will be launched from two barges anchored in the Thames River 
adjacent to New London City Pier.
    The gathering of naval vessels is a significant event and creates a 
potential target for sabotage, subversive acts, or other terrorist 
activity. For these reasons COTP SLIS has determined it necessary to 
establish security zones for all naval vessels visiting during OPSAIL 
2012 CT. Current regulations established in 33 CFR part 165 subpart G, 
provide a naval protective zone of 100 yards around each U.S. naval 
vessel greater than 100 feet in length. This rule purposes to create a 
security zone in accordance with 33 CFR part 165 subpart G of 100 yards 
around each U.S. naval vessel 100 feet or less in length and all 
foreign naval vessels while underway, anchored, or moored while on the 
navigable waters of the Thames River, CT between the Thames River 
Railroad Bridge in the Port of New London and New London Ledge light 
located at the mouth of the Thames River. This rule also proposes to 
create a security zone around Admiral Shear State Pier including all 
navigable waters of the Thames River, CT within 100 yards of Admiral 
Shear State Pier. The specific geographic locations of the regulated 
areas and specific requirements of this rule are contained in the 
regulatory text.
    Based on the inherent hazards associated with fireworks, the COTP 
SLIS has determined that fireworks launches proximate to watercraft 
pose significant risk to public safety and property. The combination of 
increased numbers of recreation vessels, congested waterways, darkness 
punctuated by bright flashes of light, and debris falling into the 
water has the potential to result in serious injuries or fatalities. 
This proposed rule would establish a temporary safety zone to restrict 
vessel movement around the location of the launch platforms to reduce 
the risk associated with the fireworks display. The launch platforms 
composed of two barges will be located on the Thames

[[Page 16200]]

River between New London City Pier and Fort Trumbull. The geographic 
locations of the regulated area and specific requirements of this rule 
are contained in the regulatory text.
    The Coast Guard anticipates this proposed rule would be effective 
and enforced from 7:30 a.m. on July 3, 2012 until 5 p.m. on July 9, 
2012. Notice of the safety and security zones, 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.
    Persons and vessels would be prohibited from entering, transiting 
through, anchoring in, or remaining within the safety and security 
zones unless authorized by the COTP SLIS or designated representative. 
Persons and vessels would be able to request authorization to enter, 
transit through, anchor in, or remain within the regulated areas by 
contacting the COTP SLIS by telephone at (203) 468-4401, or designated 
representative via VHF radio on channel 16. If authorization to enter, 
transit through, anchor in, or remain within any of the regulated areas 
is granted by the COTP SLIS or designated representative, all persons 
and vessels receiving such authorization would be required to comply 
with the instructions of the COTP SLIS or designated representative.

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

    Executive Orders 13563, Improving Regulation and Regulatory Review, 
and 12866, Regulatory Planning and Review, direct agencies to assess 
the costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a significant regulatory 
action under section 3(f) of Executive Order 12866. Accordingly, the 
Office of Management and Budget has not reviewed it under that Order.
    The Coast Guard has determined this proposed rule is not a 
significant regulatory action for the following reasons: (1) The 
regulated areas will be of limited duration and cover only a small 
portion of the navigable waterways; (2) vessels may transit the 
navigable waterways outside of the safety and security zones and (3) 
vessels requiring entry into the safety and security zones may be 
authorized to do so by the COTP SLIS or designated representative.
    Advance public notifications will also be made to the local 
maritime community through the Local Notice to Mariners as well as 
Broadcast Notice to Mariners. In addition, the sponsoring organization, 
OPSAIL, Inc., is planning to publish information of the event in local 
newspapers, pamphlets, internet sites, television and radio broadcasts.

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 fewer than 5 U.S.C. 605(b) that this 
proposed rule would 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 intending to transit the Thames River 
from July 3-9, 2012. The regulated areas will be of limited duration 
and cover only a small portion of the navigable waterways. Vessels 
would be able to transit the navigable waterways outside of the safety 
and security zones. Vessels requiring entry into the safety and 
security zones may be authorized to do so by the COTP 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, 
OPSAIL, Inc., is planning to publish information of the event in local 
newspapers, pamphlets, internet sites, television and radio broadcasts.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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 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 (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.

[[Page 16201]]

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)(g), as described in figure 2-1 of the 
Instruction. This proposed rule establishes temporary safety and 
security zones. 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 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and Waterways.
    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

    2. Add Sec.  165.T01-1029 to read as follows:


Sec.  165.T01-1029  Safety & Security Zones; OPSAIL 2012 Connecticut, 
Thames River, New London, CT.

    (a) The following areas are established as security zones:
    (1) 100 yards around all U.S. naval vessels measuring 100 feet or 
less in length while in the navigable waters of the Thames River, CT 
between 41[deg]21[min]46[sec] N, 072[deg]05[min]17[sec] W (Thames River 
Railroad Bridge in the Port of New London) and 41[deg]18[min]21.14[sec] 
72[deg]04[min]38.78[sec] (New London Ledge light), whether the U.S. 
naval vessel is underway, anchored, or moored.
    (2) 100 yards around all foreign naval vessels in the navigable 
waters of the Thames River, CT between 41[deg]21[min]46[sec] N, 
072[deg]05[min]17[sec] W (Thames River Railroad Bridge in the Port of 
New London) and 41[deg]18[min]21.14[sec] 72[deg]04[min]38.78[sec] (New 
London Ledge light), whether the foreign naval vessel is underway, 
anchored, or moored.
    (3) All navigable waters surrounding Admiral Shear State Pier 
shoreward of a boundary line created by connecting the following 
coordinates. Beginning at position 41[deg]21[min]37[sec] N, 
072[deg]05[min]26[sec] W then to position 41[deg]21[min]25[sec] N, 
072[deg]05[min]16[sec] W then to position 41[deg]21[min]21[sec] N, 
072[deg]05[min]24[sec] W then ending at position 41[deg]21[min]23[sec] 
N, 072[deg]05[min]26[sec] W (NAD 83).
    (b) The following area is established as a safety zone: All 
navigable waters within a 1000 foot radius of each fireworks barge 
located in approximate positions 41[deg]20[min]57.1[sec] N, 
072[deg]05[min]22.1[sec] W and 41[deg]21[min]03.3[sec] N, 
072[deg]05[min]24.5[sec] W (NAD 83).
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 and 165.33 apply. (2) In accordance with the general regulations 
in Sec. Sec.  165.23 and 165.33 of this part, entry into or movement 
within these zones is prohibited unless authorized by the Captain of 
the Port (COTP) Sector long Island Sound (SLIS) or designated 
representative.
    (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 safety or security zones 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 safety or 
security zones 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 safety and security 
zones, 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.

[[Page 16202]]

    (d) Enforcement period. This section will be enforced during the 
following times.
    (1) Naval Vessel Security Zones will be enforced from 7:30 a.m. on 
July 3, 2012 until 5 p.m. on July 9, 2012.
    (2) Admiral Shear State Pier Security Zone will be enforced from 
7:30 a.m. on July 3, 2012 until 5 p.m. on July 9, 2012.
    (3) Fireworks Safety Zone will be enforced from 8:30 p.m. until 10 
p.m. on July 7, 2012. If the fireworks display is postponed, it will be 
enforced from 8:30 p.m. until 10 p.m. on July 8, 2012.

    Dated: March 6, 2012.
J.M. Vojvodich,
Captain, U. S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2012-6489 Filed 3-19-12; 8:45 am]
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