[Federal Register Volume 90, Number 151 (Friday, August 8, 2025)]
[Rules and Regulations]
[Pages 38401-38403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-15092]
[[Page 38401]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0994]
RIN 1625-AA87
Security Zone; Electric Boat Shipyard, Narragansett Bay, Quonset
Point, North Kingstown, RI
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a security zone in the waters
adjacent to the General Dynamics Electric Boat Corporation Quonset
Point facility in Narragansett Bay, North Kingstown, RI. This is
necessary to protect the facility, material, and adjacent areas from
sabotage or other subversive acts, accidents or incidents of a similar
nature. This rulemaking prohibits all persons and vessels from
operating within the prescribed security zone without prior
authorization by the Captain of the Port, Sector Southeastern New
England or designated representative.
DATES: This rule is effective September 8, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type [USCG-
2024-0994] in the search box and click ``Search.'' Next, in the
Document Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email: Marine Science Technician 2nd Class Nicholas Easley,
Waterways Management Division, Sector Southeastern New England, U.S.
Coast Guard; telephone 206-827-4160, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port, Sector Southeastern New England
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On August 29, 2024, the U.S. Navy submitted a formal request to the
Coast Guard to establish a security zone in the waters adjacent to the
General Dynamics Electric Boat Corporation Quonset Point facility in
North Kingstown, RI. In response, on April 25, 2025, the Coast Guard
published a notice of proposed rulemaking (NPRM) titled Security Zone;
Electric Boat Shipyard, Narragansett Bay, Quonset Point, North
Kingstown, RI (90 FR 17360). There, we stated why we had issued the
NPRM, and we invited comments on our proposed regulatory action related
to this security zone. During the comment period that ended May 27,
2025, we received one comment.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 46
U.S.C. 70051 and 70124. The Captain of the Port, Sector Southeastern
New England (COTP) has determined that it is in the best interest of
national security to establish a permanent security zone to protect the
facility, material storage areas, and adjacent areas from sabotage or
other subversive acts, accidents or incidents of a similar nature.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on our NPRM published April
25, 2025. The commenter stated that ``if the security of this area
decreases the traffic seen by boats in this area, I find that to be a
positive outcome of this proposed rule,'' but questioned ``will this
security entail that there are more boats patrolling the area,'' and
wondered how any such increased vessel traffic might impact the
environment. In response, we note that the action we are taking in this
rulemaking, establishment of the security zone, prohibits unauthorized
vessel traffic within its boundaries, but neither authorizes nor
prohibits authorized vessels to patrol the area. This action, which is
independent of the decision that was made to site the facility where it
is and of any environmental issues flowing from that decision, has no
bearing on whether, or how many vessels patrol the area. There are no
changes in the regulatory text of this rule from the proposed rule in
the NPRM.
This rule establishes a security zone for a portion of navigable
waters on Narraganset Bay adjacent to the General Dynamics Electric
Boat Corporation Quonset Point facility in North Kingstown, RI.
Specifically, the security zone includes all navigable waters of
Narragansett Bay, from surface to bottom, South of Quonset Point, North
Kingstown, RI, enclosed by a line beginning at a point on the shoreline
at 41[deg]35'06.3'' N, 71[deg]25'33.2'' W; then to 41[deg]34'59.6'' N,
71[deg]25'20.5'' W; then to 41[deg]35'01.0'' N, 71[deg]25'08.7'' W;
then to 41[deg]35'08.7'' N, 71[deg]25'08.7'' W; then along the
shoreline to the point of beginning. These coordinates are based on
North American Datum 1983. Figure 1 provides a visual depiction of the
security zone.
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[GRAPHIC] [TIFF OMITTED] TR08AU25.000
This security zone will protect the facility, material storage
areas, and adjacent areas from sabotage or other subversive acts,
accidents or incidents of a similar nature, and to specify the
horizontal datum employed to describe the geographic coordinates that
establish the zone boundaries.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory 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. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility.
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action,'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it. The Coast
Guard has determined that it is not a significant regulatory action.
This regulatory action determination is based on the size and
location of the regulated area. Vessel traffic will be able to safely
transit around the security zone, which will impact a small, designated
area of the Narragansett Bay.
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 received no comments from the Small Business
Administration on this rulemaking. 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.
While some owners or operators of vessels intending to transit the
security zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule will 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
[[Page 38403]]
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 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 rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this 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 determined 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 rule involves a
security zone to limit access near Quonset Point, North Kingstown, RI.
It is categorically excluded from further review under paragraph L60(a)
of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
A 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.
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 amends
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, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6 and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.4.
0
2. Add Sec. 165.124 to read as follows:
Sec. 165.124 Security Zone; Electric Boat Shipyard, Narragansett Bay,
Quonset Point, North Kingstown, RI
(a) Location. The following area is a security zone: All navigable
waters of Narragansett Bay, from surface to bottom, South of Quonset
Point, North Kingstown, RI, enclosed by a line beginning at a point on
the shoreline at 41[deg]35'06.3'' N, 71[deg]25'33.2'' W; then to
41[deg]34'59.6'' N, 71[deg]25'20.5'' W; then to 41[deg]35'01.0'' N,
71[deg]25'08.7'' W; then to 41[deg]35'08.7'' N, 71[deg]25'08.7'' W;
then along the shoreline to the point of beginning. These coordinates
are based on North American Datum 1983.
(b) Definitions. As used in this section, vessel means every
description of watercraft or other artificial contrivance used, or
capable of being used, as a means of transportation on water, except
vessels of the Armed Forces, as defined at 14 U.S.C 527(e).
(c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, no person or vessel may enter or remain in the
security zone described in paragraph (a) of this section without the
permission of the Captain of the Port, other than vessels of the Armed
Forces, U.S. Government-owned vessels or vessels owned by, under hire
to, or performing work for, the Electric Boat Division when operating
in the security zone.
(2) This security zone is closed to all vessel traffic, except as
may be permitted by the Captain of the Port (COTP) or a designated
representative. Vessel operators given permission to enter or operate
in the security zones must comply with all directions given to them by
the COTP or the designated representative.
(3) The ``designated representative'' is any Coast Guard
commissioned, warrant or petty officer who has been designated by the
Captain of the Port to act on his/her behalf. The on-scene
representative may be on a Coast Guard vessel, a state or local law
enforcement vessel, or other designated craft, or may be on shore and
will communicate with vessels via VHF-FM radio or loudhailer. In
addition, members of the Coast Guard Auxiliary may be present to inform
vessel operators of this regulation.
(4) Vessel operators desiring to enter or operate within the
security zones shall request permission to do so by contacting the
Coast Guard Sector Southeastern New England Command Center at 866-819-
9128, or via VHF Channel 16.
Youngmee Moon,
CAPTAIN, U.S. Coast Guard, Captain of the Port, Sector Southeastern New
England.
[FR Doc. 2025-15092 Filed 8-7-25; 8:45 am]
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