65FR37281 Temporary Regulations: OPSAIL 2000, Port of New London, CT
robop...@us.govnews.org
Posting-number: Volume 65, Issue 115, Page 37281
[Federal Register: June 14, 2000 (Volume 65, Number 115)]
[Rules and Regulations]
[Page 37281-37285]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jn00-11]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 100, 110 and 165
[CGD01-99-203]
RIN 2115-AA98, AA 84, AE46
Temporary Regulations: OPSAIL 2000, Port of New London, CT
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule. --
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SUMMARY: The Coast Guard is establishing temporary regulations in
Niantic Bay, Long Island Sound, the Thames River, and New London Harbor
for OPSAIL 2000 Connecticut activities. This action is necessary to
provide for the safety of life on navigable waters during OPSAIL 2000
Connecticut. This action is intended to restrict vessel traffic in
portions of Niantic Bay, Long Island Sound, the Thames River, and New
London Harbor.
DATES: This temporary rule is effective from 6 a.m., on July 11, 2000
until 5 p.m., on July 12, 2000.
ADDRESSES: Comments and related material received from the public, as
well as documents indicated in this preamble as being available in the
docket, are part of docket [CGD01-99-203] and are available for
inspection or copying at Coast Guard Group/Marine Safety Office Long
Island Sound, 120 Woodward Ave., New Haven, CT 06512-3698, in the
Readiness/Support Department.
FOR FURTHER INFORMATION CONTACT: Master Chief Kenneth G. Dolan, Group/
MSO Long Island Sound, New Haven, Connecticut, (203) 468-4429.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On March 28, 2000 we published a notice of proposed rulemaking
(NPRM) entitled ``Temporary Regulations:
[[Page 37282]]
OPSAIL 2000, Port of New London, CT'' in the Federal Register (65 FR
16358). We received 1 letter commenting on the proposed rule. No public
hearing was requested, and none was held.
Background and Purpose
The temporary regulations are for OPSAIL 2000 Connecticut events in
Niantic Bay, Long Island Sound and New London Harbor. These events will
be held on July 11-12, 2000. The rule will provide for the safety of
life and property on navigable waters.
Discussion of Comments and Changes
Only one letter was received by Group/MSO Long Island Sound
concerning the lack of a plan in the rulemaking and the Marine Permit
Application Transmittal Form and the Connecticut Coastal Consistency
Review Form for minimization of water pollution from litter and
sanitary wastes. The issues raised in the comment are outside the scope
of this rulemaking. However, the issue of water pollution is being
addressed in the marine permit process and the coastal zone management
consistency certification process. Participants and spectators are
reminded that it is a violation of federal law to dump plastic, trash
or sewage within three nautical miles of shore. Marine waste pump-out
facilities are available in the Niantic Bay/New London Harbor area and
are listed in the State of Connecticut ``Boater's Guide''.
Some minor adjustments in the coordinates of Anchorage Area J and
Anchorage I/Safety Zone 1 have been made.
Discussion of Temporary Rule
Operation Sail, Inc. is sponsoring a Parade of Tall Ships into New
London Harbor. The Tall Ships and participating vessels will be at
anchorage in Niantic Bay on July 11, 2000. On July 12, 2000, the Tall
Ships and participating vessels will transit from Niantic Bay via Long
Island Sound and the Thames River Federal Channel to the Port of New
London. The Coast Guard expects a minimum of 5,000 spectator craft for
this event. The temporary regulations create vessel movement controls,
safety zones and temporary anchorage regulations. The regulations will
be in effect at various times in Niantic Bay, Long Island Sound and New
London Harbor during July 11 and 12, 2000. The vessel congestion due to
the large number of participating and spectator vessels poses a
significant threat to the safety of life and property. This temporary
rulemaking is necessary to ensure the safety of life and property on
the navigable waters of the United States.
Regulated Areas
The Coast Guard is establishing one temporary regulated area in
Niantic Bay during July 11-12, 2000. This temporary Regulated Area A is
needed to protect the maritime public and participating vessels from
possible hazards to navigation associated with the overnight anchoring
of a large number of Tall Ships and their departure prior to the
beginning of the Parade of Tall Ships into New London Harbor on July
12, 2000.
Regulated Area A includes all waters of Niantic Bay located on Long
Island Sound within the following boundaries: Beginning at a point 300
yards, bearing 203 deg.(T from Wigwam Rock 41 deg.18'53"N,
072 deg.11'48" W (NAD 1983), then to 41 deg.18'53" N, 072 deg.10'38" W
(NAD 1983), then to 41 deg.16'40" N, 072 deg.10'38" W (NAD 1983), then
to 41 deg.16'40" N, 072 deg.11'48" W (NAD 1983). This proposed area
will be used as an anchorage area for vessels participating in the
Parade of Tall Ships on July 12, 2000. This proposed regulated area is
effective from 6 a.m., July 11, 2000 until 5 p.m., on July 12, 2000.
Vessels transiting Regulated Area A must do so at no wake speed or at
speeds not to exceed 6 knots, whichever is less. Vessels transiting
Regulated Area A must not maneuver within 100 yards of a Tall Ship or
other vessel participating in OPSAIL 2000, unless authorized by the
Captain of the Port or the Captain of the Port's on-scene
representative.
Anchorage Regulations
The Coast Guard is establishing temporary Anchorage Regulations for
participating OPSAIL 2000 vessels and spectator craft. Current
Anchorage Regulations in 33 CFR 110.147 will be temporarily suspended
by this regulation and other Anchorage Grounds will be temporarily
established.
The temporary anchorage regulations designate selected current or
temporarily established Anchorage Grounds for spectator or OPSAIL 2000
participant vessel use only. They restrict all other vessels from using
these anchorage grounds during various portions of the OPSAIL 2000
event. The anchorage grounds are needed to provide viewing areas for
spectator vessels while maintaining a clear parade route for the
participating OPSAIL vessels and to protect boaters and spectator
vessels from the hazards associated with the Parade of Tall Ships.
The Coast Guard will temporarily suspend Anchorage Area C (see 33
CFR Sec. 110.147(3)), and redesignate it as Anchorage Area G,
exclusively for spectator vessels exceeding 50 feet in length, carrying
passengers for the viewing of the Tall Ships parade. Anchorage Area G
will be established from 7:30 a.m., until 5 p.m., on July 12, 2000. The
Coast Guard will temporarily establish Anchorage Area H in Niantic Bay
exclusively for the vessels participating in the Parade of Tall Ships.
Anchorage Area H in Niantic Bay will be established from 6 a.m., on
July 11, 2000 until 5 p.m., on July 12, 2000. Anchorage Area H is the
same area designated as Regulated Area A. Therefore, within this area,
vessels other than those participating in OPSAIL 2000 may not anchor
and must transit at reduced speeds staying at least 100 yards away from
any OPSAIL 2000 vessel. The Coast Guard will temporarily establish
Anchorage Area I in the Thames River in the vicinity of the State Pier
exclusively for vessels who have participated in the Parade of Tall
Ships. Anchorage Area I will be established from 7:30 a.m., on July 12,
2000 until 5 p.m., on July 12, 2000. The Coast Guard will temporarily
establish Anchorage Area J exclusively for spectator vessels exceeding
50 feet in length carrying passengers for the viewing of the Tall Ships
parade. Anchorage Area J includes all waters of the Thames River
southward of New London Harbor, on the east side of the Federal Channel
within the following boundaries: Beginning at a point bearing
245 deg.T, 480 yards from Eastern Point 41 deg.19'03"N, 072 deg.04'48"
W (NAD 1983), then to position 41 deg.19'04" N, 072 deg.04'33" W (NAD
1983), then to position 41 deg.18'42" N, 072 deg.04'30" W (NAD 1983),
then to position 41 deg.18'40" N,072 deg.04'45" W (NAD 1983). Anchorage
Area J will be established from 7:30 a.m., until 5 p.m., on July 12,
2000.
Safety Zones
The Coast Guard will establish two safety zones in the waters of
Long Island Sound and New London Harbor. Safety Zone 1 includes all
waters of the Thames River in New London Harbor, in the vicinity of the
State Pier 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, position 41 deg.21'46" N, 072 deg.05'23"
W (NAD 1983), then to position 41 deg.21'46" N, 072 deg.05'16" W (NAD
1983), then south along the western limit of the Federal Channel to
position 41 deg.20'37" N, 072 deg.05'8.7" W (NAD 1983), then to
position 41 deg.20'37" N, 072 deg.05'33" W (NAD 1983), then along the
shoreline to position 41 deg.21'46" N, 072 deg.05'23" W (NAD 1983).
This safety
[[Page 37283]]
zone will be used as a mooring and turning area for the Parade of Tall
Ships at the conclusion of the parade and is effective from 7:30 a.m.,
on July 12, 2000, until 5 p.m., on July 12, 2000. Safety Zone 1
consists of the same area as Anchorage I.
Safety Zone 2 covers all waters of the Thames River within the
following boundaries: Beginning at the east side of the Federal Channel
at the Thames River Rail Road Bridge in the Port of New London, in
position 41 deg.21'47.0" N, 072 deg.05'14.0" W (NAD 1983), then
southward along the east side of the Federal Channel to the New London
Harbor Channel Lighted Buoy ``2'' (LLNR 21790) in approximate position
41 deg.17'38" N, 072 deg.04'40" W (NAD 1983), then to Bartlett Reef
Lighted Bell Buoy ``4'' (LLNR 21065) in approximate position
41 deg.15'38" N, 072 deg.08'22" W (NAD 1983), then south to Bartlett
Reef Lighted Buoy ``1'' (LLNR 21065) in approximate position
41 deg.16'28" N, 072 deg.07'54" W (NAD 1983), then to an area located,
bearing 192 deg.T, approximately 325 yards from Rapid Rock Buoy ``R''
(LLNR 21770) 41 deg.17'07" N, 072 deg.06'09" W (NAD 1983), then to
position 41 deg.18'04" N, 072 deg.04'50" W, (NAD 1983), which meets the
west side of the Federal Channel, then along the west side of the
Federal Channel to the Thames River Railroad Bridge in the Port of New
London, in the position 41 deg.21'46" N, 072 deg.05'23" W (NAD 1983).
This area will be used for the parade route of Tall Ships and is
effective from 7:30 a.m., on July 12, 2000, until 5 p.m., on July 12,
2000. No vessel may transit within Safety Zones 1 or 2 unless
authorized by the Coast Guard Captain of the Port, Long Island Sound,
or his on-scene representative.
Regulatory Evaluation
This temporary rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. It has not been reviewed by the Office of Management and
Budget under that Order. It is not significant under the regulatory
policies and procedures of the Department of Transportation (DOT) (44
FR 11040; February 26, 1979).
The Coast Guard expects the economic impact of this proposed rule
to be so minimal that a full Regulatory Evaluation under paragraph 10e
of the regulatory policies and procedures of DOT is unnecessary.
Although this regulation prevents traffic from transiting a portion
of Long Island Sound, Niantic Bay, and the Thames River during the
events, the effect of this regulation will not be significant for the
following reasons: The limited duration that the regulated areas will
be in effect, mariners will be able to transit around these areas and
the extensive advance notifications that will be made to the maritime
community via the Local Notice to Mariners, facsimile, marine
information broadcasts, local area committee meetings, and New London
area newspapers. Mariners will be able to adjust their plans
accordingly based on the extensive advance information. Additionally,
these regulated areas have been narrowly tailored to impose the least
impact on maritime interests yet provide the level of safety deemed
necessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), we
considered whether this rule would have a significant economic impact
on a substantial number of small entities. ``Small entities'' include
small businesses, not-for-profit organizations that are independently
owned and operated and are not dominant in their fields, and
governmental jurisdictions with populations of less than 50,000.
For the reasons stated in the Regulatory Evaluation section above,
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 will 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
and New London Harbor during various times from July 11-12, 2000.
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
the designated areas. At no time will the Port of New London be closed
to commercial traffic. Before the effective period, the Coast Guard
will make notifications to the public via mailings, facsimiles, the
Local Notice to Mariners and use of the sponsors Internet site. In
addition, the sponsoring organization, OPSAIL, Inc., is planning to
publish information of the event in local newspapers, pamphlets, and
television and radio broadcasts.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. No
assistance was requested. 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).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this temporary rule under E.O. 13132 and have
determined that this rule does not have implications for federalism
under that Order.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those costs. This temporary rule will not impose an unfunded mandate.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under E.O. 12630, Governmental Actions and
Interference with Constitutionally Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under E.O. 13405, Protection of Children
from Environmental Health Risks and Safety
[[Page 37284]]
Risks. This rule is not an economically significant rule and does not
concern an environmental risk to health or risk to safety that may
disproportionately affect children.
Environment
The Coast Guard considered the environmental impact of this
temporary rule and concluded that, under figure 2-1, paragraphs 34(f
and h), of Commandant Instruction M16475.1C, this proposed rule is
categorically excluded from further environmental documentation. A
written Categorical Exclusion Determination is available in the docket
for inspection or copying where indicated under ADDRESSES.
List of Subjects
33 CFR 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
33 CFR 110
Anchorage grounds.
33 CFR 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Temporary Regulation
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR Parts 100, 110 and 165 as follows:
PART 100--[AMENDED]
1. The authority citation for Part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR
100.35.
2. Add temporary Sec. 100.35T01-203 to read as follows:
Sec. 100.35T01-203 Special Local Regulations: OPSAIL 2000 CT, Long
Island Sound and the Thames River, Connecticut.
(a) Regulated Area A Location. All waters of Niantic Bay located on
Long Island Sound within the following boundaries: beginning at a point
300 yards, bearing 203 deg.T from Wigwam Rock 41 deg.18'53" N,
072 deg.11'48" W (NAD 1983), then to 41 deg.18'53" N, 072 deg.10'38" W
(NAD 1983), then to 41 deg.16'40" N, 072 deg.10'38" W (NAD 1983), then
to 41 deg.16'40" N, 072 deg.11'48" W (NAD 1983).
(b) Special local regulations. (1) Vessels transiting Area A must
do so at no wake speed or at speeds not to exceed 6 knots, whichever is
less.
(2) Vessels transiting Area A must not maneuver within 100 yards of
a Tall Ship or an OPSAIL participating vessel unless they are
specifically authorized to do so by Coast Guard Captain of the Port,
Long Island Sound, or his on-scene representative.
(c) Effective period. This section is effective from 6 a.m., July
11, 2000 until 5 p.m., on July 12, 2000.
PART 110--ANCHORAGE REGULATIONS
3. The authority citation for part 110 continues to read as
follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035 and
2071; 49 CFR 1.46 and 33 CFR 1.05-1(g).
4. From July 11, 2000 through July 12, 2000, Sec. 110.147 is
amended as follows:
a. Paragraph (a)(3) is temporarily suspended and new paragraphs
(a)(7), (a)(8), (a)(9) and (a)(10) are temporarily added.
Sec. 110.147 New London Harbor, Conn.
(6) * * *
(7) Anchorage Area G. In the Thames River southward of New London
Harbor, bounded by lines connecting a point bearing 100 deg., 450 yards
from New London Harbor Light, a point bearing 270 deg., 575 yards from
New London Ledge Light (latitude 41 deg.;18'21" N., longitude
72 deg.04'41" W.), and a point bearing 270 deg., 1450 yards from New
London Ledge Light. From 7:30 a.m., on July 12, 2000 through 5 p.m., on
July 12, 2000, this anchorage is designated for the exclusive use of
spectator vessels exceeding 50 feet in length carrying passengers for
the viewing of the Tall Ships parade
(8) Anchorage Area H. All waters of Niantic Bay located on Long
Island Sound within the following boundaries: beginning at a point 300
yards, bearing 203Tfrom Wigwam Rock 41 deg.18'53"N, 072 deg.11'48"W
(NAD 1983), then to 41 deg.18'53"N, 072 deg.10'38"W (NAD 1983), then to
41 deg.16'40"N, 072 deg.10'38"W (NAD 1983), then to 41 deg.16'40"N,
072 deg.11'48"W (NAD 1983). From 6 a.m., July 11, 2000 until 5 p.m., on
July 12, 2000, this anchorage is designated exclusively for the use of
vessels participating in the Parade of Tall Ships into New London
Harbor on July 12, 2000.
(9) Anchorage I. All waters of the Thames River in New London
Harbor, in the vicinity of the State Pier 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, position
41 deg.21'46"N, 072 deg.05'23" W (NAD 1983), then to position
41 deg.21'46"N, 072 deg.05'16" W (NAD 1983), then south along the
western limit of the Federal Channel to position 41 deg.20'37"N,
072 deg.05'8.7"W (NAD 1983), then to position 41 deg.20'37"N,
072 deg.05'33"W (NAD 1983), then along the shoreline to position
41 deg.21'46"N, 072 deg.05'23"W (NAD 1983). From 7:30 a.m., on July 12,
2000 through 5 p.m. on July 12, 2000, this anchorage is designated for
the exclusive use of vessels participating in the Parade of Tall Ships
into New London Harbor.
(10) Anchorage J. All waters of the Thames River southward of New
London Harbor, on the east side of the Federal Channel within the
following boundaries: beginning at a point bearing 245 deg.T, 480 yards
from Eastern Point 41 deg.19'03"N, 072 deg.04'48"W (NAD 1983), then to
position 41 deg.19'04"N, 072 deg.04'33"W (NAD 1983), then to position
41 deg.18'42"N, 072 deg.04'30"W (NAD 1983), then to position
41 deg.18'40"N, 072 deg.04'45"W (NAD 1983). This area is designated for
the exclusive use of commercial vessels greater than 50 feet in length
carrying passengers for the viewing of the Tall Ships parade from 7:30
a.m., on July 12, 2000, until 5 p.m., on July 12, 2000.
* * * * *
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
5. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05(g), 6.04-
1, 6.04-6 and 160.5; 49 CFR 1.46.
6. Add temporary Sec. 165.T01-203 to read as follows:
Sec. 165.T01-203 Safety Zones: OPSAIL 2000, Port of New London,
Connecticut.
(a) The following areas are established as safety zones:
(1) Safety Zone 1. Includes all waters of the Thames River in New
London Harbor, in the vicinity of the State Pier 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, position
41 deg.21'46"N, 072 deg.05'23"W (NAD 1983), then south along the
western limit of the Federal Channel to position 41 deg.20'37"N,
072 deg.05'8.7"W (NAD 1983), then to position 41 deg.20'37"N,
072 deg.05'33"W (NAD 1983), then along the shoreline to position
41 deg.21'46"N, 072 deg.05'23"W (NAD 1983). This safety zone will be
used as a mooring and turning area for the Parade of Tall Ships at the
conclusion of the parade from 7:30 a.m., on July 12, 2000 until 5 p.m.,
on July 12, 2000.
(2) Safety Zone 2. Includes waters of the Thames River within the
following boundaries: beginning at the east side of the Federal Channel
at the Thames River Rail Road Bridge in the Port of
[[Page 37285]]
New London, in position 41 deg.21'47.0"N, 072 deg.05'14.0"W (NAD 1983),
then southward along the east side of the Federal Channel to the New
London Harbor Channel Lighted Buoy ``2'' (LLNR 21790) in approximate
position 41 deg.17'38"N, 072 deg.04'40"W (NAD 1983), then to Bartlett
Reef Lighted Bell Buoy ``4'' (LLNR 21065) in approximate position
41 deg.15'38"N, 072 deg.08'22"W (NAD 1983), then south to Bartlett Reef
Lighted Buoy ``1'' (LLNR 21065) in approximate position 41 deg.16'28"N,
072 deg.07'54"W (NAD 1983), then to an area located, bearing 192 deg.T,
approximately 325 yards from Rapid Rock Buoy ``R'' (LLNR 21770)
41 deg.17'07"N, 072 deg.06'09"W (NAD 1983), then to position
41 deg.18'04"N, 072 deg.04'50"W, (NAD 1983), which meets the west side
of the Federal Channel, then along the west side of the Federal Channel
to the Thames River Railroad Bridge in the Port of New London, in the
position 41 deg.21'46"N, 072 deg.05'23"W (NAD 1983). This safety zone
will be used for the parade route of Tall Ships from 7:30 a.m., on July
12, 2000, until 5 p.m., on July 12, 2000.
(b) No vessel may transit within Safety Zone 1 or 2 without the
express authorization of the Coast Guard Captain of the Port, Long
Island Sound, or his on-scene representative. All persons and vessels
shall comply with the instructions of the Coast Guard Captain of the
Port or the designated on-scene patrol personnel. These personnel
comprise commissioned, warrant, and petty officers of the Coast Guard.
Upon being hailed by siren, radio, flashing light, or other means, the
operator of the vessel shall proceed as directed.
(c) This section is applicable from 7:30 a.m. on July 12, 2000,
until 5 p.m. on July 12, 2000.
Dated: June 8, 2000.
G.N. Naccara,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 00-15009 Filed 6-9-00; 3:39 pm]
BILLING CODE 4910-15-U