[Federal Register Volume 77, Number 107 (Monday, June 4, 2012)]
[Rules and Regulations]
[Pages 32898-32900]
[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,<PHONE_NUMBER>,
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

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

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

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<PHONE_NUMBER>, 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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