[Federal Register Volume 77, Number 107 (Monday, June 4, 2012)]
[Rules and Regulations]
[Pages 32898-32900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13503]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2011-1029]
RIN 1625-AA00; AA87


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing 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 will restrict vessel 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: This rule is effective from 7:30 a.m. on July 3, 2012 until 5 
p.m. on July 9, 2012.
    This rule will be enforced during the following dates and 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.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2011-1029]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 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:

Table of Acronyms

COTP Captain of the Port
CT Connecticut
DHS Department of Homeland Security
FR Federal Register
SLIS Sector Long Island Sound

A. Regulatory History and Information

    On March 20, 2012 the Coast Guard published a notice of proposed 
rulemaking entitled Safety & Security Zones; OPSAIL 2012 Connecticut, 
Thames River, New London, CT in the Federal Register (77 FR 16198). We 
received no comments on the proposed rule. No public meeting was 
requested and none were held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Due to the need for immediate 
action, the restriction of vessel traffic is necessary to protect life, 
property and the environment; therefore, a 30-day notice is 
impracticable. Delaying the effective date would be contrary to the 
regulation's intended objectives of protecting persons and vessels, and 
enhancing public and maritime safety.

B. 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 rule is necessary to; (1) 
protect participating naval vessels from security threats. (2) Protect 
waterway users from the dangers inherent to fireworks displays.

C. Discussion of Comments, Changes and the Final Rule

    No comments were received and no changes were made to the final 
rule.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    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, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The Coast Guard has determined this rule is not a significant 
regulatory action for the following reasons: (1) The regulated areas 
will be of limited

[[Page 32899]]

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.
    Advanced 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.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The Coast Guard 
received no comments from the Small Business Administration on this 
rule. 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 might 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 
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.

3. 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 rule. 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 in the FOR FURTHER INFORMATION CONTACT, 
above.
    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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

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

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INTFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will 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.

9. Civil Justice Reform

    This 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.

10. Protection of Children

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

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this 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 determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule establishes temporary safety and security zones. 
This rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the

[[Page 32900]]

discovery of a significant environmental impact from this 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 amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
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.


0
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]21'46'' N, 072[deg]05'17'' W (Thames River Railroad 
Bridge in the Port of New London) and 41[deg]18'21.14'' 
72[deg]04'38.78'' (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]21'46'' N, 
072[deg]05'17'' W (Thames River Railroad Bridge in the Port of New 
London) and 41[deg]18'21.14'' 72[deg]04'38.78'' (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]21'37'' N, 072[deg]05'26'' W 
then to position 41[deg]21'25'' N, 072[deg]05'16'' W then to position 
41[deg]21'21'' N, 072[deg]05'24'' W then ending at position 
41[deg]21'23'' N, 072[deg]05'26'' 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]20'57.1'' N, 072[deg]05'22.1'' 
W and 41[deg]21'03.3'' N, 072[deg]05'24.5'' 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.  165.23 and 
Sec.  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.
    (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: May 25, 2012.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2012-13503 Filed 5-31-12; 4:15 pm]
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