[Federal Register Volume 77, Number 111 (Friday, June 8, 2012)]
[Rules and Regulations]
[Pages 33967-33969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13890]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number 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: Final rule.

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SUMMARY: The Coast Guard is establishing 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 will 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).

DATES: This rule is effective from 6 a.m. on July 6, 2012 to 5 p.m. on 
July 7, 2012.
    This rule will be enforced during the following dates and 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.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0066]. 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 19, 2012 the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled ``Special Local Regulations; OPSAIL 2012 
Connecticut, Niantic Bay, Long Island Sound, Thames River and New 
London Harbor, New London, CT'' in the Federal Register (77 FR 15981). 
We received no comments on the proposed rule. No public meeting was 
requested and none was 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. The Coast Guard published and NPRM 
for this rule in March, but there was not sufficient time to publish 
this Final Rule more than thirty days prior to the effective date of 
the rule.

B. 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.

C. Discussion of Comments, Changes and the Final Rule

    No comments were received and this final rule is unchanged from the 
rule published in the NPRM.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on several of 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.
    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: During the limited time that the regulated 
areas will be in effect, mariners will be able to transit around some 
areas, and persons and vessels will still be able to enter, transit

[[Page 33968]]

through, anchor in, or remain within the regulated areas if authorized 
by the COTP Sector Long Island Sound (SLIS) or designated 
representative. Mariners will also be able to adjust their plans based 
on extensive advance notifications that will be made to the maritime 
community through Local Notice to Mariners, marine information 
broadcasts and New London area media. In addition, the sponsoring 
organization, Operation Sail, Inc., is planning to publish information 
on the event in local newspapers, internet sites pamphlets, and 
television and radio broadcasts.
    These regulated areas have been narrowly tailored to impose the 
least impact on maritime interests yet provide the necessary level of 
safety.
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 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, and 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 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.
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

[[Page 33969]]

environment. This rule establishes temporary special local regulations. 
This rule is categorically excluded from further review under paragraph 
34(h) 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 discovery of a significant environmental impact from this 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

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233. Authority: 33 U.S.C. 1233.


0
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 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 shore line 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 is Sec.  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) Area 3 & 4; access is limited to vessels greater than 50 feet 
in length.
    (iii) Area 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: May 25, 2012.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island 
Sound.
[FR Doc. 2012-13890 Filed 6-7-12; 8:45 am]
BILLING CODE 9110-04-P