16198 Federal Register / Vol. 77, No. 54 / Tuesday, March 20, 2012 / Proposed Rules 

operators believed that taking certain 

steps would always satisfy their 

obligations when in fact those steps 

would not necessarily result in 

compliance with the ADA regulations. 

Recognizing that pool owners and 

operators face challenges in correcting 

their misunderstandings and 

determining appropriate compliance 

when faced with what is now an 

immediate compliance date, the 

Department determined that it would be 

impracticable and contrary to the public 

interest to retain the existing 

compliance date. Thus the Department 

is contemporaneously issuing a Final 

Rule providing a brief 60-day extension 

of the March 15, 2012, compliance date. 

The Department now requests public 

comment on a proposal to further 

extend the compliance dates for the title 

II program accessibility requirements 

pursuant to 28 CFR 35.150 and the title 

III barrier removal obligations pursuant 

to 28 CFR 36.304 as they relate to 

accessible means of entry into 

swimming pools, wading pools, and 

spas in compliance with the 2010 

Standards. The proposed extension 

would run for a period of 180 days from 

the compliance date specified in the 

September 2010 Final Rule, namely 

March 15, 2012. As discussed above, the 

extension would provide pool owners 

and operators additional time to 

evaluate and comply with their program 

accessibility and readily achievable 

barrier removal obligations in 

compliance with sections 242 and 1009 

of the 2010 Standards. 

Regulatory Certifications 

Executive Order 12866—Regulatory 

Planning and Review 

This regulation has been drafted and 

reviewed in accordance with Executive 

Order 12866, ‘‘Regulatory Planning and 

Review’’ section 1(b), Principles of 

Regulation. The Department of Justice 

has determined that this rule is a 

‘‘significant regulatory action’’ under 

Executive Order 12866, section 3(f), 

Regulatory Planning and Review, and 

accordingly this rule has been reviewed 

by the Office of Management and 

Budget (OMB). 

Executive Order 12988—Civil Justice 

Reform 

This rule meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988. 

Executive Order 13132—Federalism 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the Federal 

Government and the States, or on 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this rule does not 

have sufficient federalism implications 

to warrant the preparation of a 

Federalism Assessment. 

Regulatory Flexibility Act 

The Attorney General, in accordance 

with the Regulatory Flexibility Act (5 

U.S.C. 605(b)), has reviewed this 

regulation, and by approving it certifies 

that it will not have a significant 

economic impact on a substantial 

number of small entities. This rule 

merely requests comment on a proposal 

to further extend the compliance dates 

for the title II program accessibility 

requirements pursuant to 28 CFR 35.150 

and the title III barrier removal 

obligations pursuant to 28 CFR 36.304 

as they relate to accessible means of 

entry into swimming pools, wading 

pools, and spas. The extension would 

provide regulated entities additional 

time to evaluate and comply with their 

program accessibility and readily 

achievable barrier removal obligations. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by section 804 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. This rule will not 

result in an annual effect on the 

economy of $100,000,000 or more, a 

major increase in costs or prices, or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

Unfunded Mandates Reform Act of 1995 

Section 4(2) of the Unfunded 

Mandates Reform Act of 1995, 2 U.S.C. 

1503(2), excludes from coverage under 

that Act any proposed or final Federal 

regulation that ‘‘establishes or enforces 

any statutory rights that prohibit 

discrimination on the basis of race, 

color, religion, sex, national origin, age, 

handicap, or disability.’’ Accordingly, 

this rulemaking is not subject to the 

provisions of the Unfunded Mandates 

Reform Act. 

Paperwork Reduction Act of 1995 

This proposed rule does not contain 

any information collection requirements 

that require approval by OMB under the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. 

Dated: March 15, 2012. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2012–6747 Filed 3–15–12; 4:45 pm] 

BILLING CODE 4410–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–1029] 

RIN 1625–AA00; AA87 

Safety & Security Zones; OPSAIL 2012 

Connecticut, Thames River, New 

London, CT 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish temporary safety and security 

zones on the Thames River near New 

London, CT for OPSAIL 2012 

Connecticut (CT) activities. This action 

is necessary to provide for the safety of 

life and protection of naval vessels on 

navigable waters during OPSAIL 2012 

CT. This action would restrict vessels 

from entering into, transiting through, 

mooring or anchoring within the zones 

unless authorized by the Captain of the 

Port (COTP) Sector Long Island Sound 

(SLIS). 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before May 21, 2012. 

Requests for public meetings must be 

received by the Coast Guard on or before 

April 10, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2011–1029 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 


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Federal Register / Vol. 77, No. 54 / Tuesday, March 20, 2012 / Proposed Rules 16199 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

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: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking USCG–2011–1029, indicate 

the specific section of this document to 

which each comment applies, and 

provide a reason for each suggestion or 

recommendation. You may submit your 

comments and material online (via 

http://www.regulations.gov) or by fax, 

mail, or hand delivery, but please use 

only one of these means. If you submit 

a comment online via 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an email address, 

or a telephone number in the body of 

your document so that we can contact 

you if we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2011–1029’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period and may 

change the rule based on your 

comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2011– 

1029’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. 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. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one on or before April 10, 2012 using 

one of the four methods specified under 

ADDRESSES. Please explain why you 

believe a public meeting 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. 

Basis and Purpose 

The legal basis for the temporary rule 

is 33 U.S.C. 1231, 46 U.S.C. Chapter 

701, 3306, 3703; 50 U.S.C. 191, 195; 33 

CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. 

L. 107–295, 116 Stat. 2064; and 

Department of Homeland Security 

Delegation No. 0170.1, which 

collectively authorize the Coast Guard 

to define safety and security zones. 

OPSAIL 2012 CT is a multi-day 

marine event involving a gathering of 

naval vessels, and a fireworks display. 

This proposed rule is necessary to; (1) 

Protect participating naval vessels from 

security threats, (2) Protect waterway 

users from the dangers inherent to 

fireworks displays. 

Discussion of Proposed Rule 

From Tuesday, July 3, 2012 through 

Monday, July 9, 2012, Operation Sail, 

Inc. is sponsoring a naval vessels 

viewing and a fireworks display as part 

of the OPSAIL 2012 CT. Participating 

U.S. and foreign naval vessel will begin 

arriving in the New London, CT area on 

July 3, 2012. Upon arrival each vessel 

will transit up the Thames River to 

Admiral Shear State Pier where they 

will stay moored for public viewing 

until July 9, 2012. On the evening of 

July 7, 2012 the event organizer will put 

on an on-water fireworks display for 

public viewing. The fireworks will be 

launched from two barges anchored in 

the Thames River adjacent to New 

London City Pier. 

The gathering of naval vessels is a 

significant event and creates a potential 

target for sabotage, subversive acts, or 

other terrorist activity. For these reasons 

COTP SLIS has determined it necessary 

to establish security zones for all naval 

vessels visiting during OPSAIL 2012 CT. 

Current regulations established in 33 

CFR part 165 subpart G, provide a naval 

protective zone of 100 yards around 

each U.S. naval vessel greater than 100 

feet in length. This rule purposes to 

create a security zone in accordance 

with 33 CFR part 165 subpart G of 100 

yards around each U.S. naval vessel 100 

feet or less in length and all foreign 

naval vessels while underway, 

anchored, or moored while on the 

navigable waters of the Thames River, 

CT between the Thames River Railroad 

Bridge in the Port of New London and 

New London Ledge light located at the 

mouth of the Thames River. This rule 

also proposes to create a security zone 

around Admiral Shear State Pier 

including all navigable waters of the 

Thames River, CT within 100 yards of 

Admiral Shear State Pier. The specific 

geographic locations of the regulated 

areas and specific requirements of this 

rule are contained in the regulatory text. 

Based on the inherent hazards 

associated with fireworks, the COTP 

SLIS has determined that fireworks 

launches proximate to watercraft pose 

significant risk to public safety and 

property. The combination of increased 

numbers of recreation vessels, congested 

waterways, darkness punctuated by 

bright flashes of light, and debris falling 

into the water has the potential to result 

in serious injuries or fatalities. This 

proposed rule would establish a 

temporary safety zone to restrict vessel 

movement around the location of the 

launch platforms to reduce the risk 

associated with the fireworks display. 

The launch platforms composed of two 

barges will be located on the Thames 


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16200 Federal Register / Vol. 77, No. 54 / Tuesday, March 20, 2012 / Proposed Rules 

River between New London City Pier 

and Fort Trumbull. The geographic 

locations of the regulated area and 

specific requirements of this rule are 

contained in the regulatory text. 

The Coast Guard anticipates this 

proposed rule would be effective and 

enforced from 7:30 a.m. on July 3, 2012 

until 5 p.m. on July 9, 2012. Notice of 

the safety and security zones, would be 

provided prior to the event through the 

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, 

pamphlets, internet sites, television and 

radio broadcasts. 

Persons and vessels would be 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the safety and security zones 

unless authorized by the COTP SLIS or 

designated representative. Persons and 

vessels would be able to request 

authorization to enter, transit through, 

anchor in, or remain within the 

regulated areas by contacting the COTP 

SLIS by telephone at (203) 468–4401, or 

designated representative via VHF radio 

on channel 16. If authorization to enter, 

transit through, anchor in, or remain 

within any of the regulated areas is 

granted by the COTP SLIS or designated 

representative, all persons and vessels 

receiving such authorization would be 

required to comply with the instructions 

of the COTP SLIS or designated 

representative. 

Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Executive Order 12866 and Executive 

Order 13563 

Executive Orders 13563, Improving 

Regulation and Regulatory Review, and 

12866, Regulatory Planning and Review, 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has not been designated a significant 

regulatory action under section 3(f) of 

Executive Order 12866. Accordingly, 

the Office of Management and Budget 

has not reviewed it under that Order. 

The Coast Guard has determined this 

proposed rule is not a significant 

regulatory action for the following 

reasons: (1) The regulated areas will be 

of limited duration and cover only a 

small portion of the navigable 

waterways; (2) vessels may transit the 

navigable waterways outside of the 

safety and security zones and (3) vessels 

requiring entry into the safety and 

security zones may be authorized to do 

so by the COTP SLIS or designated 

representative. 

Advance public notifications will also 

be made to the local maritime 

community through the Local Notice to 

Mariners as well as Broadcast Notice to 

Mariners. In addition, the sponsoring 

organization, OPSAIL, Inc., is planning 

to publish information of the event in 

local newspapers, pamphlets, internet 

sites, television and radio broadcasts. 

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, 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 fewer than 

5 U.S.C. 605(b) that this proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. This proposed rule would affect 

the following entities, some of which 

might be small entities: the owners or 

operators of vessels intending to transit 

the Thames River from July 3–9, 2012. 

The regulated areas will be of limited 

duration and cover only a small portion 

of the navigable waterways. Vessels 

would be able to transit the navigable 

waterways outside of the safety and 

security zones. Vessels requiring entry 

into the safety and security zones may 

be authorized to do so by the COTP or 

designated representative. Before the 

effective period, the Coast Guard will 

make notifications to the public through 

the Local Notice to Mariners and 

Broadcast Notice to Mariners. In 

addition, the sponsoring organization, 

OPSAIL, Inc., is planning to publish 

information of the event in local 

newspapers, pamphlets, internet sites, 

television and radio broadcasts. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this proposed 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 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 proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

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 under FOR FURTHER INFORMATION

CONTACT. The Coast Guard will not 

retaliate against small entities that 

question or complain about this 

proposed rule or any policy or action of 

the Coast Guard. 

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 (adjusted for inflation) 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 cause a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 


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Federal Register / Vol. 77, No. 54 / Tuesday, March 20, 2012 / Proposed Rules 16201 

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 create an 

environmental risk to health or risk to 

safety that might 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. 

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 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed 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 made a preliminary determination 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. 

A preliminary environmental analysis 

checklist supporting this determination 

is available in the docket where 

indicated under ADDRESSES. It appears 

that this proposed rule will qualify for 

Coast Guard categorical exclusion 

(34)(g), as described in figure 2–1 of the 

Instruction. This proposed rule 

establishes temporary safety and 

security zones. We seek any comments 

or information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, and 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

2. Add § 165.T01–1029 to read as 

follows: 

§ 165.T01–1029 Safety & Security Zones; 

OPSAIL 2012 Connecticut, Thames River, 

New London, CT. 

(a) The following areas are established 

as security zones: 

(1) 100 yards around all U.S. naval 

vessels measuring 100 feet or less in 

length while in the navigable waters of 

the Thames River, CT between 

41°21′46′′ N, 072°05′17′′ W (Thames 

River Railroad Bridge in the Port of New 

London) and 41°18′21.14′′ 72°04′38.78′′ 

(New London Ledge light), whether the 

U.S. naval vessel is underway, 

anchored, or moored. 

(2) 100 yards around all foreign naval 

vessels in the navigable waters of the 

Thames River, CT between 41°21′46′′ N, 

072°05′17′′ W (Thames River Railroad 

Bridge in the Port of New London) and 

41°18′21.14′′ 72°04′38.78′′ (New London 

Ledge light), whether the foreign naval 

vessel is underway, anchored, or 

moored. 

(3) All navigable waters surrounding 

Admiral Shear State Pier shoreward of 

a boundary line created by connecting 

the following coordinates. Beginning at 

position 41°21′37′′ N, 072°05′26′′ W then 

to position 41°21′25′′ N, 072°05′16′′ W 

then to position 41°21′21′′ N, 072°05′24′′ 

W then ending at position 41°21′23′′ N, 

072°05′26′′ W (NAD 83). 

(b) The following area is established 

as a safety zone: All navigable waters 

within a 1000 foot radius of each 

fireworks barge located in approximate 

positions 41°20′57.1′′ N, 072°05′22.1′′ W 

and 41°21′03.3′′ N, 072°05′24.5′′ W 

(NAD 83). 

(c) Regulations. (1) The general 

regulations contained in 33 CFR 165.23 

and 165.33 apply. (2) In accordance 

with the general regulations in §§ 165.23 

and 165.33 of this part, entry into or 

movement within these zones is 

prohibited unless authorized by the 

Captain of the Port (COTP) Sector long 

Island Sound (SLIS) or designated 

representative. 

(3) All persons and vessels shall 

comply with the instructions of the 

COTP SLIS or designated representative. 

These designated representatives are 

comprised of commissioned, warrant, 

and petty officers of the Coast Guard. 

Upon being hailed by a U.S. Coast 

Guard vessel by siren, radio, flashing 

lights or other means the operator of a 

vessel shall proceed as directed. 

(4) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the safety or security 

zones must contact the COTP SLIS by 

telephone at (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 safety 

or security zones is granted by the COTP 

SLIS or designated representative, all 

persons and vessels receiving such 

authorization must comply with the 

instructions of the COTP SLIS or 

designated representative. 

(5) The Coast Guard will provide 

notice of the safety and security zones, 

prior to the event through the Local 

Notice to Mariners and Broadcast Notice 

to Mariners. Notice will also be 

provided by on-scene designated 

representatives. 


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16202 Federal Register / Vol. 77, No. 54 / Tuesday, March 20, 2012 / Proposed Rules 

(d) Enforcement period. This section 

will be enforced during the following 

times. 

(1) Naval Vessel Security Zones will 

be enforced from 7:30 a.m. on July 3, 

2012 until 5 p.m. on July 9, 2012. 

(2) Admiral Shear State Pier Security 

Zone will be enforced from 7:30 a.m. on 

July 3, 2012 until 5 p.m. on July 9, 2012. 

(3) Fireworks Safety Zone will be 

enforced from 8:30 p.m. until 10 p.m. on 

July 7, 2012. If the fireworks display is 

postponed, it will be enforced from 8:30 

p.m. until 10 p.m. on July 8, 2012. 

Dated: March 6, 2012. 

J.M. Vojvodich, 

Captain, U. S. Coast Guard, Captain of the 

Port Sector Long Island Sound. 

[FR Doc. 2012–6489 Filed 3–19–12; 8:45 am] 

BILLING CODE 9110–04–P 


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