Special Local Regulations; OPSAIL 2012 Connecticut, Niantic Bay, Long Island Sound, Thames River and New London Harbor, New London, CT, 33967-33969 [2012-13890]
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Federal Register / Vol. 77, No. 111 / Friday, June 8, 2012 / Rules and Regulations
Regulatory Audit Web site located at
https://www.cbp.gov/xp/cgov/import/
regulatory_audit_program/archive/
compliance_assessment/’’;
■ c. Paragraph (b)(3) introductory text is
amended: In the first, third and fourth
sentences, by removing the word
‘‘Customs’’ wherever it appears and
adding in its place the term ‘‘CBP’’, and;
in the second sentence, by removing the
word ‘‘Customs’’ and adding in its place
the words ‘‘all applicable’’;
■ d. Paragraphs (b)(3)(iii), (iv), (v), and
(vi) are amended by removing the word
‘‘Customs’’ wherever it appears and
adding in its place the term ‘‘CBP’’;
■ e. Paragraph (c)(1) is amended by
removing the word ‘‘shall’’ wherever it
appears and adding in its place the
word ‘‘will’’;
■ f. Paragraph (c)(2) is amended: By
removing the word ‘‘Customs’’ and
adding in its place the term ‘‘CBP’’; by
removing the word ‘‘Miami’’ and adding
in its place the word ‘‘Charlotte’’, and;
by removing the word ‘‘shall’’ and
adding in its place the word ‘‘will’’;
■ g. Paragraph (d)(1) is amended: In the
first sentence, by removing the words
‘‘Customs shall’’ and adding in their
place the words ‘‘CBP will’’, and; in the
second sentence, by removing the word
‘‘Customs’’ and adding in its place the
word ‘‘CBP’’;
■ h. The introductory text to paragraph
(d)(2) is amended by removing the word
‘‘shall’’ and adding in its place the word
‘‘must’’; and
■ i. Paragraph (d)(3) is amended: By
removing the word ‘‘shall’’ and adding
in its place the word ‘‘must’’; and, by
removing the word ‘‘Customs’’ and
adding in its place the term ‘‘CBP’’.
ACTION:
Final rule.
Coast Guard
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 https://
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, Joseph.L.Graun@uscg.mil. 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:
33 CFR Part 100
Table of Acronyms
[Docket Number USCG–2012–0066]
COTP Captain of the Port
CT Connecticut
DHS Department of Homeland Security
FR Federal Register
SLIS Sector Long Island Sound
David V. Aguilar,
Acting Commissioner, U.S. Customs and
Border Protection.
Approved: June 4, 2012.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2012–13907 Filed 6–7–12; 8:45 am]
BILLING CODE 9111–14–P
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DEPARTMENT OF HOMELAND
SECURITY
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.
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SUMMARY:
A. Regulatory History and Information
On March 19, 2012 the Coast Guard
published a notice of proposed
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33967
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
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pmangrum on DSK3VPTVN1PROD with RULES
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
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Jkt 226001
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
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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
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Federal Register / Vol. 77, No. 111 / Friday, June 8, 2012 / Rules and Regulations
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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233. Authority: 33
U.S.C. 1233.
2. Add § 100.T01–0066 to read as
follows:
■
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§ 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°18′53″ N,
072°11′48″ W then to 41°18′53″ N,
072°10′38″ W then to 41°16′40″ N,
072°10′38″ W then to 41°16′40″ N,
072°11′48″ W then to point of origin
41°18′53″ N, 072°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°21′46″ N,
072°05′14″ W then southward along the
east side of the Federal Channel to
41°17′38″ N, 072°04′40″ W (New
London Harbor Channel Lighted Buoy
‘‘2’’ (LLNR 21790) then south west to
41°15′38″ N, 072°08′22″ W (Bartlett Reef
Lighted Bell Buoy ‘‘4’’ (LLNR 21065))
then north to 41°16′28″ N, 072°07′54″ W
(Bartlett Reef Lighted Buoy ‘‘1’’ (LLNR
21065)) then east to 41°17′07″ N,
072°06′09″ W then continuing east to
41°18′04″ N, 072°04′50″ W which meets
the west side of the federal channel,
then north along the west side of the
federal channel to 41°21′46″ N,
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Jkt 226001
072°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°18′21″ N,
072°05′36″ W then to 41°18′21″ N,
072°05′1.5″ W then to 41°18′57″ N,
072°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°19′03″ N, 072°04′48″ W
then to 41°19′04″ N, 072°04′33″ W then
to 41°18′42″ N, 072°04′30″ W then to
41°18′40″ N,072°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°21′46″ N, 072°05′23″ W then east to
41°21′46″ N, 072°05′17″ W then south
along the western limit of the federal
navigation channel to 41°20′37″ N,
072°05′8.7″ W then west to 41°20′37″ N,
072°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 § 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.
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33969
(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
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 151
46 CFR Part 162
[Docket No. USCG–2001–10486]
RIN 1625–AA32
Standards for Living Organisms in
Ships’ Ballast Water Discharged in
U.S. Waters
Coast Guard, DHS.
Final rule; correction.
AGENCY:
ACTION:
The Coast Guard is correcting
a final rule that appeared in the Federal
Register of March 23, 2012 (77 FR
17254), entitled ‘‘Standards for Living
Organisms in Ships’ Ballast Water
Discharged in U.S. Waters.’’ Six
technical errors were inadvertently
published in the final rule that require
correction, two in the preamble and four
in the regulatory text. The corrections
are necessary for readability and
accuracy.
SUMMARY:
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]]>Agencies
[Federal Register Volume 77, Number 111 (Friday, June 8, 2012)]
[Rules and Regulations]
[Pages 33967-33969]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13890]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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,
Joseph.L.Graun@uscg.mil. 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
