[Federal Register Volume 77, Number 219 (Tuesday, November 13, 2012)]
[Rules and Regulations]
[Pages 67566-67568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27489]


-----------------------------------------------------------------------

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: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is temporarily establishing a regulated 
navigation area (RNA) on the navigable waters of the Thames River in 
New London Harbor, New London, CT. The RNA will establish speed and 
wake restrictions and 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: This rule is effective in the Code of Federal Regulations from 
December 13, 2012 until October 31, 2014 and is effective with actual 
notice from November 1, 2012 until October 31, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-0623]. 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]; or Lieutenant Isaac M. Slavitt, Waterways 
Management, U.S. Coast Guard First District, (617) 223-8385, 
[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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
RNA Regulated Navigation Area

A. Regulatory History, Basis, and Purpose

    The Coast Guard published a notice of proposed rulemaking (NPRM) 
for this temporary final rule on September 5, 2012 (77 FR 54495). We 
received two public comments on the NPRM, and no request for a public 
meeting.
    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 rule establishes speed and wake restrictions and allows 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.

B. Discussion of Comments, Changes and the Temporary Final Rule

    The Coast Guard received two public comments on the NPRM.
    One comment was from the Connecticut Department of Energy and 
Environmental Protection. The department requested the RNA's Slow-No-
Wake wording be modified slightly to match up with the State definition 
of Slow-No-Wake providing consistency to mariner. The Coast Guard 
agrees with this comment and has modified the rule to be consistent 
with the State, changing the maximum speed from 5 knots to 6 knots and 
allowing higher minimum speed when necessary to maintain steerageway.
    The other comment was from a local ferry service. First, they 
commented that a 5 knot speed restriction would not allow their vessels 
to maintain steerageway. They requested the ability to operate at a 
higher speed that maintains steerage and creates a minimum wake. The 
Coast Guard agrees with this comment and has changed the Slow-No-Wake 
verbiage to allow all vessels to maintain higher minimum speed when 
necessary to maintain steerageway. Second, they commented that the 
contractor should be required to make SECURITE calls during critical 
crane or diver operations so vessels could take further measures to 
ensure safety. The Coast Guard agrees with this recommendation and will 
instruct the contractor to make SECURITE calls during all crane and 
dive operations. Third, they commented that the contractor should be 
required to plan the project with a commitment that a portion of the 
waterway always be available for commercial traffic. This is not 
feasible, but every effort will be made to minimize closure periods. In 
addition they asked who will ensure the contractor has done their due 
diligence to prevent a need to close the waterway. The Captain of the 
Port (COTP) will monitor this operation. The COTP will enforce the RNA 
only during degaussing range replacement operations, both planned and 
unforeseen, that the COTP recognizes as posing an imminent hazard to 
persons and vessels operating in the area. The COTP will suspend 
enforcement of the RNA during periods in which enforcement is not 
necessary for the safety of life on the navigable waters.

C. 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 and 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

[[Page 67567]]

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

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 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 area during a vessel 
restriction period.
    The RNA will not have a significant economic impact on a 
substantial number of small entities for the following reasons: vessel 
traffic will only be excluded from the RNA for limited durations (if at 
all), 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 will 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.

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 
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 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 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. An environmental analysis checklist supporting this 
determination and a Categorical Exclusion Determination are

[[Page 67568]]

available in the docket where indicated under ADDRESSES.

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 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. 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.

0
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 ``Slow-No-Wake'' speed limit 
will be in effect. Vessels may not produce more than a minimum wake and 
may not attain speeds greater than six knots unless a higher minimum 
speed is necessary to maintain steerageway when traveling with a strong 
current. In no case may the wake produced by the vessel be such that it 
would create a danger of injury to persons, or damage to vessels or 
structures.
    (4) During periods of enforcement, SECURITE calls must be made by 
all persons and vessels conducting crane or dive operations.
    (5) During periods of enforcement, all persons and vessels must 
comply with all orders and directions from the COTP or the COTP's 
designated representative.
    (6) 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.
    (7) Persons and vessels may request permission to enter the zone 
during periods of enforcement on VHF-16 or via phone at 203-468-4401.
    (8) 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 must be strictly adhered to at all times.
    (c) Effective period. This rule is effective 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 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 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 must be reported 
to the COTP, at 203-468-4401 or on VHFs-Channel 16. Persons in 
violation of this regulated navigation area may be subject to civil or 
criminal penalties.

    Dated: October 24, 2012.
J.B. McPherson,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 2012-27489 Filed 11-9-12; 8:45 am]
BILLING CODE 9110-04-P