[Federal Register Volume 77, Number 172 (Wednesday, September 5, 2012)]
[Proposed Rules]
[Pages 54495-54499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21760]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0623]
RIN 1625-AA11


Regulated Navigation Area; Thames River Degaussing Range 
Replacement Operations; 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 (RNA) on the navigable waters of the Thames River in New London 
Harbor, New London, CT. The proposed RNA would establish speed and wake 
restrictions as well as allow the Coast Guard to prohibit all vessel 
traffic through the RNA during degaussing range replacement operations, 
both planned and unforeseen, that could pose an imminent hazard to 
persons and vessels operating in the area. This rule is necessary to 
provide for the safety of life on the navigable waters during the 
replacement of the degaussing range and its supporting system.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 5, 2012.
    Requests for public meetings must be received by the Coast Guard on 
or before September 17, 2012.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: 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. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

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]; or

[[Page 54496]]

Lieutenant Isaac M. Slavitt, Waterways Management, U.S. Coast Guard 
First District, (617) 223-8385. 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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
RNA Regulated Navigation Area

A. 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.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, 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 at 
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, 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-2012-0623) 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.

2. 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-2012-0623) 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.

3. 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).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before September 17, 2012, using one of the 
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.

B. Basis and Purpose

    Under the Ports and Waterways Safety Act, the Coast Guard has the 
authority to establish RNAs in defined water areas that are determined 
to have hazardous conditions and in which vessel traffic can be 
regulated in the interest of safety. See 33 U.S.C. 1231 and Department 
of Homeland Security Delegation No. 0170.1.
    This proposal would establish speed and wake restrictions as well 
as allow the Coast Guard to prohibit all vessel traffic through the RNA 
during degaussing range replacement operations, both planned and 
unforeseen, that could pose an imminent hazard to persons and vessels 
operating in the area. The Coast Guard is not now planning (and will 
actively avoid) full closures of the waterway; however, given the 
nature of the work it is important that this regulatory tool be 
available if circumstances change. This rule is necessary to provide 
for the safety of life on the navigable waters during the replacement 
of the degaussing range and its supporting system.

C. Discussion of Proposed Rule

    The U.S. Navy operates a fixed degaussing range in New London 
Harbor, New London, CT. This range is buried in sand on the bottom of 
the Thames River federal navigation channel southeast of Fort Trumbull 
State Park. The Navy uses this range to decrease unwanted magnetic 
fields in Navy vessels. On NOAA Charts, the degaussing range is 
outlined with a black dotted line and labeled ``Degaussing Range''. The 
associated system of sensors and cables encompasses a much larger area 
of the river bottom, from the river's west shore by Fort Trumbull State 
Park southeasterly across the river to the river's eastern bank. On 
NOAA Charts, this supporting system's boundaries are outlined with a 
magenta dotted line and labeled ``Cable Area''. The Navy is preparing 
to replace this range with new sensors, cables and supporting 
equipment. The replacement project is projected to last between four 
and six months, and is scheduled to begin on or about November 1, 2012.
    The Coast Guard is not now planning (and will actively avoid) full 
closures of the waterway; however, given the nature of the work it is 
important that this regulatory tool be available if circumstances 
change. The Coast Guard attended the project's ``95% Design Review 
Meeting'' hosted by the U.S. Navy on April 17, 2012 in New London, CT. 
During the meeting, the Navy presented the project design and an 
overview of what operations must take place in order to complete the 
project. The Coast Guard discussed this project with the Navy to 
identify whether the project can be completed without channel closures. 
While the majority of the project will be completed without the need 
for full closures, the possibility remains that certain tasks will 
require closing the waterway due to the location of the degaussing 
range directly under the navigation channel.
    The new trench will be located adjacent to the current degaussing 
range within the navigation channel. Excavating the trench and 
replacing equipment and cables will require barges and equipment to 
take up a portion of the channel while they perform various operations 
including excavating, diving, laying cables, and placing sensors. This 
process will be

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extremely complex and involves many safety hazards. In order to 
minimize safety hazards, the Coast Guard proposes to make the ``Cable 
Area'' (which includes the ``Degaussing Range'') a temporary RNA.
    This RNA would allow the Captain of the Port Sector Long Island 
Sound (COTP) to establish speed and wake restrictions and to prohibit 
vessel traffic on this portion of the river for limited periods when 
necessary for the safety of vessels and workers during construction 
work in the channel. The Coast Guard would enforce a five knot speed 
limit and ``NO WAKE'' zone and be able to close the designated area to 
all vessel traffic during any circumstance, planned or unforeseen, that 
poses an imminent threat to waterway users or construction operations 
in the area. Complete waterway closures would be minimized to that 
period absolutely necessary and made with as much advanced notice as 
possible.
    Entry into, anchoring or movement within this proposed RNA during a 
closure would be prohibited unless authorized by the COTP or a 
designated representative. In the event of an emergency, all 
construction equipment would need to be vacated for emergency vessels 
(i.e. Fire Rescue Boat, Marine Police Boat, or Environmental Response 
Boat).
    This project is expected to be completed within a four to six month 
period. However, in order to prepare for project delays associated with 
inclement weather, permitting and other circumstance we propose a 
twenty-four month effective period for the RNA from November 1, 2012 
until October 31, 2014.
    The project currently faces several factors that could lead to 
delays. A project coordinator has not yet been identified. 
Additionally, as of July 2012 state environmental and Army Corps of 
Engineers permits have not been requested by the Navy. These permits 
can take several months to obtain and once obtained may include 
restrictions on certain underwater activities. The Navy will not know 
the extent of all restrictions until the permits are issued.
    If the project is completed before October 31, 2014, the COTP could 
suspend enforcement of the RNA. The COTP would ensure that notice of 
the suspension of enforcement reached affected segments of the public 
by all appropriate means. Such means of notification could include, but 
would not be limited to, Broadcast Notice to Mariners and Local Notice 
to Mariners.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed 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 determined that this rulemaking would not be a 
significant regulatory action for the following reasons: vessel traffic 
would only be excluded from the RNA for limited durations (if at all), 
and speed and wake restrictions are not unduly restrictive, and the RNA 
covers a small geographic area. Advanced public notifications would 
also be made to local mariners through appropriate means, which could 
include, but would not be limited to, Local Notice to Mariners and 
Broadcast Notice to Mariners.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 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 rule would affect the following entities, some of 
which may be small entities: the owners or operators of vessels 
intending to enter or transit within the regulated areas during a 
vessel restriction period.
    The RNA would not have a significant economic impact on a 
substantial number of small entities for the following reasons: vessel 
traffic would only be excluded from the RNA for limited durations (if 
at all), and speed and wake restrictions are not unduly restrictive, 
and the RNA covers a small geographic area. Additionally, before the 
effective period of a waterway closure, advanced public notifications 
would be made to local mariners through appropriate means, which could 
include, but would not be limited to, Local Notice to Mariners and 
Broadcast Notice to Mariners.
    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.

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 proposed 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. 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.

4. Collection of Information

    This proposed 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 proposed 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 
INFORMATION 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

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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.

8. 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.

9. 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.

10. Protection of Children From Environmental Health Risks

    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.

11. 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.

12. Energy Effects

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

13. Technical Standards

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

14. 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. This proposed rule 
involves restricting vessel movement within a regulated navigation 
area. This rule is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A 
preliminary environmental analysis checklist supporting this 
determination is 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 proposed 
rule.

List of Subjects in 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 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. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add Sec.  165.T01-0623 to read as follows:


Sec.  165.T01-0623  Regulated Navigation Area: Thames River, New 
London, CT.

    (a) Location. The following area is a regulated navigation area: 
All navigable waters of the Thames River adjacent to Fort Trumbull 
State Park in New London, CT, from surface to bottom bounded to the 
north by a line connecting the following points: Point ``1'', 
41[deg]20'40'' N, 072[deg]05'32'' W east to point ``2'', 41[deg]20'40'' 
N, 072[deg]05'15'' W then southeast to point ``3'', 41[deg]20'31.8'' N, 
072[deg]05'03'' W then south to point ``4'', 41[deg]20'28'' N, 
072[deg]05'03'' W then east to point ``5'', 41[deg]20'30'' N, 
072[deg]04'48'' W; bounded to the east by following the shoreline south 
from point ``5'' to point ``6'', 41[deg]20'19'' N, 072[deg]04'46'' W; 
bounded to the south by a line connecting the following points: point 
``6'' west to point ``7'', 41[deg]20'17'' N, 072[deg]05'13'' W then 
north to point ``8'' 41[deg]20'27.2'' N, 072[deg]05'15'' W then 
northwest to point ``9'' 41[deg]20'29.5'' N, 072[deg]05'17'' W then 
west to point ``10'' 41[deg]20'29.5'' N, 072[deg]05'30'' W then 
northwest to point ``11'' 41[deg]20'31'' N, 072[deg]05'34'' W; bounded 
to the west by following the shoreline north from point ``11'' back to 
the start, point ``1''.
    (b) Regulations. (1) The general regulations contained in 33 CFR 
165.10, 165.11, and 165.13 apply.
    (2) In accordance with the general regulations, entry into, 
anchoring, or movement within this zone, during periods of enforcement, 
is prohibited unless authorized by the Captain of the Port Long Island 
Sound (COTP) or the COTP's designated representative.
    (3) During periods of enforcement, a speed limit of five knots will 
be in effect within the regulated area and all vessels must proceed 
through the area with caution and operate in such a manner as to 
produce no wake.
    (4) During periods of enforcement, all persons and vessels must 
comply with all orders and directions from the COTP or the COTP's 
designated representative.
    (5) During periods of enforcement, upon being hailed by a U.S. 
Coast Guard vessel by siren, radio, flashing light or other means, the 
operator of the vessel must proceed as directed.
    (6) Persons and vessels may request permission to enter the zone 
during periods of enforcement on VHF-16 or via phone at 203-468-4401.
    (7) Notwithstanding anything contained in this rule, the Rules of 
the Road (33 CFR part 84--Subchapter E, inland navigational rules) are 
still in effect and should be strictly adhered to at all times.
    (c) Effective Period. This rule is effective from November 1, 2012 
until October 31, 2014.
    (d) Enforcement Period. (1) Except when suspended in accordance 
with paragraph (d)(2) of this section, this regulated navigation area 
is in force 24 hours a day from November 1, 2012 until October 31, 
2014.
    (2) Notice of suspension of enforcement: The COTP may suspend 
enforcement of the regulated navigation area. If enforcement is 
suspended, the COTP will cause notice of the suspension of enforcement 
to be made by all appropriate means to the affected segments of the 
public. Such means of notification may include, but are not limited to, 
Broadcast Notice to Mariners

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and Local Notice to Mariners. Such notifications will include the date 
and time that enforcement is suspended as well as the date and time 
that enforcement will resume.
    (3) Violations of this regulated navigation area should be reported 
to the COTP, at 203-468-4401 or on VHF-Channel 16. Persons in violation 
of this regulated navigation area may be subject to civil or criminal 
penalties.

    Dated: August 22, 2012.
D.B. Abel,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2012-21760 Filed 9-4-12; 8:45 am]
BILLING CODE 9110-04-P