[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Proposed Rules]
[Pages 24927-24930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08933]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0082]
RIN 1625-AA87


Security Zone; Naval Submarine Base New London, Groton, CT

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to modify the security zone 
boundaries surrounding Naval Submarine Base New London in Groton, CT. 
The proposed amendment to the security zone is to encompass the entire 
operational area of the Naval Submarine Base. We invite your comments 
on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 27, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0082 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Marine Science Technician 2nd Class 
Mark Paget, Waterways Management Division, Sector Long Island Sound; 
telephone: (203) 468-4583; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Long Island Sound
CT Connecticut
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On August 15, 2003 the Coast Guard published a final rule entitled 
``Regulated Navigation Areas, Safety and Security Zones; Long Island 
Sound Marine Inspection and Captain of the Port Zone'' in the Federal 
Register (68 FR 48798). With this rule we added 33 CFR 165.153 creating 
a regulated navigation area establishing a speed restriction in the 
vicinity of Naval Submarine Base New London and the Lower Thames River.
    Later, on February 10, 2012, the Coast Guard published a final rule 
entitled ``Special Local Regulations; Safety and Security Zones; 
Recurring Events in Captain of the Port Long Island Sound Zone'' in the 
Federal Register (77 FR 6955). With this rule we added 33 CFR 100.100 
and revised Sec. Sec.  165.151 and 165.154. The changes removed 37 
regulated areas, established 33 new safety zones, three special local 
regulations, one security zone, and consolidatde and simplified these 
regulations.
    The Naval Submarine Base New London, Groton, CT, is the home to a 
portion of the U.S. Navy's Fast Attack Nuclear Submarines. During a 
recent security assessment of the base, it was determined that the 
existing security zone does not adequately cover the entirety of naval 
assets, piers, or planned pier extension projects. Therefore, Naval 
Submarine Base New London has requested to expand the existing security 
zone to safeguard its waterfront facility and its naval vessels while 
moored from destruction, loss, or injury from sabotage or other 
subversive acts, or other causes of a similar nature.
    The purpose of this rulemaking is to modify and expand the existing 
security zone cited in 33 CFR 165.154(a)(3). The Captain of the Port 
Long Island Sound (COTP) proposes to modify current points in the 
boundary of the security zone. This would allow the zone to completely 
encompass the security barriers and allow room for planned pier 
expansion projects.

III. Discussion of Proposed Rule

    Part 165 of 33 CFR contains specific regulated navigation areas and 
limited access areas to prescribe general regulations for different 
types of limited or controlled access areas and regulated navigation 
areas and list specific areas and their boundaries. Section 165.154 
establishes Safety and Security Zones: Captain of the Port Long Island 
Sound Zone.
    The Coast Guard proposes to modify the location of the existing 
security zone listed in 33 CFR 165.154(a)(3) Safety and Security Zones: 
Captain of the Port Long Island Sound Zone, to expand the zone, as 
indicated in the illustration below. This expansion would allow the 
zone to completely encompass the security barriers and allow room to 
expand piers as required.
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[[Page 24928]]

[GRAPHIC] [TIFF OMITTED] TP27AP22.004

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IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and

[[Page 24929]]

Executive orders, and we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 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. This NPRM has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, and duration of the security zone. Vessel traffic would be 
able to safely transit around the security zone which would impact a 
small designated area of the Thames River.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
security zone may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    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.
    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. 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 or email the person listed in the 
FOR FURTHER INFORMATION CONTACT section. 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.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    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 proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

E. 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 potential effects of 
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (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. This proposed rule involves a security 
zone to limit access near Naval Submarine Base New London, Groton, CT. 
Normally such actions are categorically excluded from further review 
under paragraph L60a of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 1. A preliminary Record of Environmental 
Consideration supporting this determination is available in the docket. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2022-0082 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public

[[Page 24930]]

comments will also be placed in our online docket and can be viewed by 
following instructions on the https://www.regulations.gov Frequently 
Asked Questions web page. We review all comments received, but we will 
only post comments that address the topic of the proposed rule. We may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 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 is 
proposing to amend 33 CFR part 165 as follows

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS.

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-6 
and 160.5; Department of Homeland Security Delegation No. 00170.1, 
Revision No. 01.2.

0
2. Amend Sec.  165.154 by revising paragraph (a)(3) to read as follows:


Sec.  165.154  Safety and Security Zones; Captain of the Port Long 
Island Sound Zone Safety and Security Zones.

    (a) * * *
    (3) Naval Submarine Base New London, Groton, CT (i) Location. All 
navigable waters of the Thames River, from surface to bottom, West of 
Naval Submarine Base New London, Groton, CT, enclosed by a line 
beginning at a point on the shoreline at 41[deg]23'7.9'' N, 
072[deg]05'13.7'' W; then to 41[deg]23'7.9'' N, 072[deg]05'16.9'' W; 
then to 41[deg]22'50.3'' N, 072[deg]05'30.8'' W; then to 
41[deg]23'42.9'' N, 072[deg]05'40.1'' W; then to 41[deg]23'46.7'' N, 
072[deg]05'42.3'' W; then to 41[deg]23'53.9'' N, 072[deg]05'44.5'' W; 
then to 41[deg]24'8.7'' N, 072[deg]05'44.5'' W; then to 
41[deg]24'16.2'' N, 072[deg]05'43.4'' W; then to a point on the 
shoreline 41[deg]24'16.2'' N, 072[deg]05'36.4'' W; then along the 
shoreline to the point of beginning (NAD 83).
    (ii) [Reserved]
* * * * *

    Dated: April 21, 2022.
E.J. Van Camp,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2022-08933 Filed 4-26-22; 8:45 am]
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