[Federal Register: May 13, 2004 (Volume 69, Number 93)]
[Proposed Rules]
[Page 26526-26531]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13my04-17]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 110 and 165
[CGD01-04-006]
RIN 1625-AA00, AA01, AA08
Regulated Navigation Area, Anchorage Grounds, Safety and Security
Zones; Tall Ships Environmental Festival, New London, Port of New
London, CT
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a regulated navigation
area, anchorage grounds, and safety and security zones in Niantic Bay,
Long Island Sound, the Thames River and New London Harbor, for the Tall
Ships Environmental Festival. These proposed regulations would provide
for the safety of life and property on the navigable waters of the
United States and for the security of participating tall ships during
the Tall Ships Environmental Festival, New London, 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: Comments and related material must reach the Coast Guard on or
before June 14, 2004.
ADDRESSES: You may mail comments and related material to Planning/
Waterways Management, Coast Guard Group/Marine Safety Office Long
Island Sound, 120 Woodward Avenue, New Haven, CT 06512. Coast Guard
Group/Marine Safety Office Long Island Sound maintains the public
docket for this rulemaking. Comments and material received from the
public, as well as documents indicated in this preamble as being
available in the docket, will become part of this docket and will be
available for inspection or copying at Group/Marine Safety Office Long
Island Sound, New Haven, CT, between 9 a.m. and 3 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant A. Logman, Waterways
Management Officer, Coast Guard Group/Marine Safety Office Long Island
Sound at (203) 468-4429.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01-04-
006), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know if
your submission reached us, please enclose a stamped, self-addressed
postcard or envelope. We will consider all comments and material
received during the comment period. We may change the proposed rule in
view of them.
We chose to publish this NPRM, and because of the closeness of the
event, we anticipate making the final rule effective less than 30 days
from publication in the Federal Register.
Public Meeting
We do not now plan to hold a public meeting, but you may submit a
request for a meeting by writing to Coast Guard Group/Marine Safety
Office Long Island Sound at the address under ADDRESSES explaining why
one would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
[[Page 26527]]
Background and Purpose
The Port of New London, Connecticut will host the Tall Ships
Environmental Festival from July 22 to 25, 2004. This visit of Class A,
B and C sailing vessels is part of an annual series of sail training
races, rallies, cruises and port festivals organized by the American
Sail Training Association in conjunction with host ports in the United
States (U.S.) and Canada. The Tall Ships visit to New London is being
sponsored by the Tunza International Children's Conference on the
Environment (ICCE) that will take place in New London, Connecticut from
19-23 July 2004. The Fifth International Children's Conference on the
Environment, sponsored by the United Nations Environment Program, will
host approximately 600 Children from 100 Countries to discuss issues of
critical importance to the environment. Tied into the conference, the
Tall Ships visit to New London will have a unique environmental focus.
The Tall Ships visit to New London, which will occur from July 22-
25, will include a Parade of Sail on July 22, 2004. Approximately 30
Class A, B and C vessels are expected to participate in the Parade of
Sail. These proposed regulations would provide for the safety of life
and property on the navigable waters of the United States by preventing
the large number of participating and spectator vessels from
interfering with the organized Parade of Sail. There will be vessels
participating in the event from several foreign countries and the high
visibility of this event warrants that both safety and security zones
be established to safeguard participating vessels, their crews and the
maritime public from sabotage or other subversive acts, accidents, or
other hazards of a similar nature.
Under the proposed regulations, the Tall Ships and participating
vessels would anchor in Niantic Bay on July 21, 2004. On July 22, 2004,
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. Most participating vessels will then berth at the
Admiral Shear State Pier; some will also berth at City Pier in New
London. Other piers in New London may also be utilized for this event,
including Fort Trumbull State Park. The remainder of the vessels not
participating in the Tall Ships Festival or otherwise berthing in the
Port of New London are expected to sail back to Long Island Sound
following their participation in the parade down the east side of the
Channel.
The proposed regulations would create vessel movement controls,
safety and security zones for the Parade of Sail and would create
temporary anchorage regulations. The regulations would be in effect at
various times in Niantic Bay, Long Island Sound, and New London Harbor
on July 21 and July 22, 2004. 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 and to safeguard participating vessels, their crews
and the maritime public from sabotage or other subversive acts,
accidents, or other hazards of a similar nature.
Vessel transits may also be directed through the vessel operating
restrictions imposed by 33 CFR 165.153. These regulations impose
operating, inspection and reporting requirements for vessels and create
regulated areas surrounding vessels in commercial service, including
ferries.
Regulated Navigation Area
The Coast Guard proposes to establish temporary Regulated
Navigation Area ``A'' (Area A) in Niantic Bay from July 21-22, 2004.
The regulated area is needed to protect the maritime public and
participating vessels from 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 Sail into New London Harbor on
July 22, 2004.
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,
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. All
coordinates are North American Datum (NAD) 1983. This proposed
regulated area would be effective from 6 a.m. July 21, 2004 to 2 p.m.
July 22, 2004.
Vessels transiting Area A must do so at no wake speed or at speeds
not to exceed 6 knots, whichever is less. Vessels transiting Area A
must not maneuver within 100 yards of a tall ship or other vessel
participating in the Tall Ships Environmental Festival, unless
authorized by the Captain of the Port (COTP) or the COTP's on-scene
representative. On-scene representatives are commissioned, warrant, and
petty officers of the U.S. Coast Guard.
Anchorage Regulations
The Coast Guard, upon the consent of the Chief of Engineers, Army
Corps of Engineers, Concord, MA, is proposing to establish temporary
Anchorage regulations for participating Tall Ships Environmental
Festival vessels and spectator craft. Under the proposed regulations,
current Anchorage Ground regulations in Title 33 Code of Federal
Regulations (CFR) Sec. 110.147 would be temporarily suspended and
other Anchorage Grounds would be temporarily established.
The proposed temporary anchorage regulations would designate
selected current or temporarily established anchorage grounds for
spectator or Tall Ships Environmental Festival participant vessel use
only. They restrict all other vessels from using these anchorage
grounds during various portions of the Tall Ships Environmental
Festival event. The anchorage grounds are needed to provide viewing
areas for spectator vessels while maintaining a clear parade route for
the participating Tall Ships Environmental Festival vessels and to
protect boaters and spectator vessels from the hazards associated with
the Parade of Sail.
The Coast Guard proposes to temporarily suspend Anchorage C,
located at 33 CFR Sec. 110.147(a)(3); redesignating the same location
as Anchorage G, making it exclusively for spectator vessels exceeding
50 feet in length, carrying passengers for the viewing of the Parade of
Sail. Under the proposed regulations, Anchorage G would be established
from 7:30 a.m. until 2 p.m., on July 22, 2004.
The Coast Guard would temporarily establish Anchorage J exclusively
for spectator vessels exceeding 50 feet in length carrying passengers
for the viewing of the Parade of Sail. Anchorage 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, then to position 41[deg]18'42'' N,
072[deg]04'30'' W, then to position 41[deg]18'40'' N, 072[deg]04'45''
W. All coordinates are North American Datum (NAD) 1983. Anchorage J
would be established from 7:30 a.m. until 2 p.m. on July 22, 2004.
The Coast Guard would temporarily establish Anchorage H in Niantic
Bay exclusively for the vessels participating in the Parade of Sail.
Anchorage H would be established from 6 a.m. on July 21, 2004 until 2
p.m. on July 22, 2004. Anchorage H is the same area
[[Page 26528]]
designated as the proposed Regulated Navigation Area. Therefore, within
this area, vessels other than those participating in the Tall Ships
Environmental Festival would not be permitted to anchor and must
transit at reduced speeds staying at least 100 yards away from any Tall
Ships Environmental Festival participants.
The Coast Guard proposes to temporarily establish Anchorage I in
the Thames River in the vicinity of the State Pier exclusively for
vessels who have participated in the Parade of Sail which are awaiting
berthing availability. Anchorage I would be established from 7:30 a.m.
until 2 p.m. on July 22, 2004.
Anchorage I would be located on 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
shoreline of the Thames River 25 yards below the Thames River Railroad
Bridge, position 41[deg]21'46'' N, 072[deg]05'23'' W, then to position
41[deg]21'46'' N, 072[deg]05'16'' W then south along the western limit
of the Federal Channel to position 41[deg]20'37'' N, 072[deg]05'87'' W,
then to position 41[deg]20'37'' N, 072[deg]05'33'' W, then along the
shoreline to position 41[deg]21'46'' N, 072[deg]05'23'' W. All
coordinates are North American Datum (NAD) 1983.
Safety and Security Zones
The Coast Guard proposes to establish two safety and security zones
for the Tall Ships event. Safety and Security Zone 1 would be
established by reference to fixed coordinates. Safety and Security Zone
1 would be utilized around the Parade of Sail route and 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 shoreline of the Thames River 25 yards below Thames
River Railroad Bridge, position 41[deg]21'46'' N, 072[deg]05'23'' W,
then east to position 41[deg]21'46'' N, 072[deg]05'16'' W, then south
along the western limit of the Federal Channel to position
41[deg]20'37'' N, 072[deg]05'87'' W, then west to position
41[deg]20'37'' N, 072[deg]05'33'' W, then along the shoreline to the
starting position, 41[deg]21'46'' N, 072[deg]05'23'' W. This safety and
security zone would be used as a mooring and turning area for the
Parade of Sail participants as the participants conclude the parade and
is effective from 7:30 a.m. until 2 p.m. on July 22, 2004. Safety and
Security Zone 1 consists of the same area as Anchorage I.
Safety and Security 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'' N, 072[deg]05'14'' W, 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, then to Bartlett Reef Lighted Bell
Buoy ``4'' (LLNR 21065) in approximate position 41[deg]15'38'' N,
072[deg]08'22'' W, then north to Bartlett Reef Buoy ``1'' (LLNR 21758)
in approximate position 41[deg]16'28'' N, 072[deg]07'54'' W, then to an
area located, bearing 192 degrees true, approximately 325 yards from
Rapid Rock Buoy ``R'' (LLNR 21770) 41[deg]17'07'' N, 072[deg]06'09'' W,
then to position 41[deg]18'04'' N, 072 [deg]04'50'' W, 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. This area
will be used for the parade route of Tall Ships and is effective from
7:30 a.m. until 2 p.m., on July 22, 2004. All coordinates are North
American Datum (NAD) 1983. Safety and Security Zone 2 encompasses a
permanent Anchorage in New London Harbor, Anchorage A, located at 33
CFR Sec. 110.147(a)(1). Anchorage A is designated for barges and small
vessels drawing less than 12 feet. Use of this anchorage would be
contrary to the purposes of establishing this safety and security zone.
Anchorage A would therefore be suspended during the effective period of
Safety and Security Zone 2. The proposed safety and security zones have
been tailored to fit the needs of safety while minimizing the impact on
the maritime community.
No vessel may enter, remain in, or transit within Safety and
Security Zones 1 or 2 unless authorized by the Coast Guard Captain of
the Port, Long Island Sound or his on-scene representative as described
above. Each person or vessel in a safety zone shall obey any direction
or order of the COTP.
The proposed safety and security zone regulations may be enforced
and punishable by the terms set forth by 33 U.S.C. 1232 and 50 U.S.C.
192 accordingly. Enforcement of violations of these regulations may
include, in addition to any civil and criminal penalties authorized by
33 U.S.C. 1232 and 50 U.S.C. 192, in rem liability against the
offending vessel as well as license sanctions against the offending
mariner. This regulation is proposed under the authority contained in
Title 33 United States Code (U.S.C.) 1223 and 1225, 50 U.S.C. 191, and
the regulations promulgated thereunder.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. Although this regulation would
prevent traffic from transiting a portion of Long Island Sound, Niantic
Bay, and the Thames River during the event, the potential impacts will
be minimized for the following reasons: the anchorage grounds,
regulated area, and safety and security zones only encompass a small
portion of the Thames River, New London Harbor and Niantic Bay,
respectively, allowing sufficient room for vessels to operate or anchor
outside of the areas; the anchorage grounds, regulated area, and
safety/security zones are of limited duration; commercial traffic would
be allowed to proceed in a single direction in the Thames River
Navigation Channel; there will be extensive advanced notifications 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 would be able to adjust their plans
accordingly based on the extensive advance information. Additionally,
the regulated area, anchorage grounds, safety and security zones have
been narrowly tailored to impose the least impact on maritime interests
yet provide the level of safety and protection deemed necessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses and 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.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule
[[Page 26529]]
would not have a significant economic impact on a substantial number of
small entities. This proposed rule may affect the following entities,
some of which may be small entities: the owners or operators of vessels
intending to transit through Niantic Bay, portions of Long Island
Sound, and New London Harbor on 21 and 22 July 2003. Although these
proposed 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. Although vessel traffic will only be permitted to
operate in one direction at a time on the Thames River, 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 Local Notice to Mariners and broadcast notice to mariners. In
addition, the sponsoring organization, ICCE, is planning to publish
information of the event in local newspapers and other media outlets.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under subsection 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 [Pub. L. 104-121], the Coast Guard
wants to assist small entities in understanding this proposed rule so
that they can better evaluate its effects on them and participate in
the rulemaking. If the proposed rule would affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please call
Lieutenant A. Logman, Waterways Management Officer, Group/Marine Safety
Office Long Island Sound, at (203) 468-4429.
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 proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
concern an environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
To help the Coast Guard establish regular and meaningful
consultation and collaboration with Indian and Alaskan Native tribes,
we published a notice in the Federal Register (66 FR 36361, July 11,
2001) requesting comments on how to best carry out the Order. We invite
your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866, is not likely to have
a significant adverse effect on the supply, distribution, or use of
energy, and has not been designated by the Administrator of the Office
of Information and Regulatory Affairs as a significant energy action.
Therefore, it does not require a Statement of Energy Effects under
Executive Order 13211.
Environment
The Coast Guard considered the environmental impact of this
proposed rule and concluded that, under figure 2-1, paragraphs 34 (f)
and (g), of Commandant Instruction M16475.1D, this proposed rule is
categorically excluded from further environmental documentation as long
as the Coast Guard meets the conditions outlined in the ``Categorical
Exclusion Determination'' document. The ``Categorical Exclusion
Determination'' is available in the docket where indicated under
ADDRESSES.
List of Subjects
33 CFR part 110
Anchorage grounds.
33 CFR part 165
Harbors, Marine safety, Navigation (water), Reporting and
Recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR Parts 110 and 165 as follows:
[[Page 26530]]
PART 110--ANCHORAGE REGULATIONS
1. The authority citation for part 110 continues to read as
follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035 and
2071; 33 CFR 1.05-1(g); Department of Homeland Security Delegation
No. 0170.1.
2. From 7:30 a.m. to 2 p.m. on July 22, 2004, in Sec. 110.147
paragraphs (a)(1) and (a)(3) are temporarily suspended.
3. From 6 a.m. on July 21, 2004, until 2 p.m. on July 22, 2004,
temporarily add Sec. 110.T01-008 to read as follows:
Sec. 110.T01-008 Anchorage Grounds: Tall Ships Environmental
Festival; Port of New London, Connecticut
(a) Anchorage grounds. (1)(i) Anchorage 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. All coordinates are
North American Datum 1983.
(ii) Enforcement period. This paragraph will be enforced from 7:30
a.m. until 2 p.m. on July 22, 2004.
(2)(i) Anchorage H. All waters of Niantic Bay located on Long
Island Sound bounded as follows: Beginning at a point 300 yards,
bearing 203 deg. T from Wigwam Rock 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. All
coordinates are North American Datum 1983.
(ii) Enforcement period. This paragraph will be enforced from 6
a.m. on July 21, 2004, until 2 p.m. on July 22, 2004.
(3)(i) 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 shoreline of the
Thames River 25 yards below the Thames River Railroad Bridge, position
41[deg]21'46'' N, 072[deg]05'23'' W, 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, then
to position 41[deg]20'37'' N, 072[deg]05'33'' W, then along the
shoreline to position 41[deg]21'46'' N, 072[deg]05'23'' W. All
coordinates are North American Datum 1983.
(ii) Enforcement period. This paragraph will be enforced from 7:30
a.m until 2 p.m. on July 22, 2004.
(4)(i) 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, then to
position 41[deg]19'04'' N, 072[deg]04'33'' W, then to position
41[deg]18'42'' N, 072[deg]04'30'' W, then to position 41[deg]18'40'' N,
072[deg]04'45'' W. All coordinates are North American Datum 1983.
(ii) Enforcement period. This paragraph will be enforced from 7:30
a.m. until 2 p.m. on July 22, 2004.
(b) Regulations. (1) Anchorage G. 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.
(2) Anchorage H. This anchorage is designated exclusively for the
use of vessels participating in the Parade of Tall Ships into New
London Harbor.
(3) Anchorage I. This anchorage is designated for the exclusive use
of vessels participating in the Parade of Tall Ships into New London
Harbor.
(4) Anchorage J. This anchorage 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.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
4. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
5. From 7:30 a.m until 2 p.m. on July 22, 2004, temporarily add
Sec. 165.T01-006 to read as follows:
Sec. 165.T01-006 Safety and Security Zones: Tall Ships Environmental
Festival; Port of New London, Connecticut.
(a) Regulated area. The following areas are established as Safety
and Security Zones:
(1) Safety and Security Zone 1. 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
shoreline of the Thames River 25 yards below the Thames River Railroad
Bridge, position 41[deg]21'46'' N, 072[deg]05'23'' W, then south along
the western limit of the Federal Channel to position 41[deg]20'37'' N,
072[deg]05'87'' W, then to position 41[deg]20'37'' N, 072[deg]05'33''
W, then along the shoreline to position 41[deg]21'46'' N,
072[deg]05'23'' W.
(2) Safety and Security Zone 2. All waters of the Thames River and
Long Island Sound 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'' N,
072[deg]05'14.0'' W, 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,
then to Bartlett Reef Lighted Bell Buoy ``4'' (LLNR 21065) in
approximate position 41[deg]15'38'' N, 072[deg]08'22'' W, then north to
Bartlett Reef Lighted Buoy ``1'' (LLNR 21758) in approximate position
41[deg]16'28'' N, 072[deg]07'54'' W, then to an area located, bearing
192 degrees true, approximately 325 yards from Rapid Rock Buoy ``R''
(LLNR 21770) 41[deg]17'07'' N, 072[deg]06'09'' W, then to position
41[deg]18'04'' N,072[deg]04'50'' W, 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. (b) Regulations. No vessel may
transit within Safety and Security 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) Effective period. This section is effective from 7:30 a.m.
until 2 p.m. on July 22, 2004.
6. From 6 a.m. on July 21, 2004, until 2 p.m. on July 22, 2004,
temporarily add Sec. 165.T01-007 to read as follows:
Sec. 165.T01-007 Regulated Navigation Area: Tall Ships Environmental
Festival, CT, Long Island Sound and the Thames River, Connecticut.
(a) Regulated Navigation Area A. The following area is a Regulated
Navigation Area: All waters of Niantic Bay located on Long Island Sound
bounded as follows: Beginning at a point 300 yards, bearing 203 deg. T
from Wigwam Rock 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. All
coordinates are North American Datum 1983.
(b)(1) Vessels transiting Regulated Navigation Area A must do so at
no
[[Page 26531]]
wake speed or at speeds not to exceed 6 knots, whichever is less.
(2) Vessels transiting Regulated Navigation Area A must not
maneuver within 100 yards of a Tall Ship or a Tall Ships Environmental
Festival 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
21, 2004 until 2 p.m., on July 22, 2004.
Dated: May 2, 2004.
Vivien S. Crea,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 04-10812 Filed 5-12-04; 8:45 am]
BILLING CODE 4910-15-P