[Federal Register Volume 86, Number 69 (Tuesday, April 13, 2021)]
[Proposed Rules]
[Pages 19171-19173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07651]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0062]
RIN 1625-AA87


Security Zone: Electric Boat Shipyard, 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 the Electric Boat Shipyard in Groton, 
Connecticut. The proposed amendment to the Security Zone is due to the 
expanding operations at Electric Boat Shipyard. We invite your comments 
on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 13, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0062 using the Federal eRulemaking 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 3rd Class 
Ashley Dodd, Waterways Management Division, Sector Long Island Sound; 
Tel: (203) 468-4469; Email: Ashley.M.Dodd@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
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

    Electric Boat Shipyard has a history of constructing vessels for 
the United States Navy. For this reason a security zone is established 
to safeguard from destruction, loss, or injury from sabotage or other 
submersive acts, or other causes of a similar nature to its waterfront 
facility and its vessels that they construct. In order for Electric 
Boat Shipyard to assemble and launch the Columbia Class Submarine for 
the U.S. Navy they are building a new submarine construction facility 
and floating dry dock. Therefore, Electric Boat is requesting a 
modification to expand the currently existing security zone.
    The purpose of this rulemaking is to modify the location of the 
existing security zone listed in 33 CFR 165.154(a)(2). Captain of the 
Port Long Island Sound proposes to add a new point in the definition of 
the security zone and replace two turning points. This would allow the 
zone to encompass the new building for construction of submarines and 
floating dry dock.

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 Safety and Security Zones.
    The Coast Guard proposes to modify the location of the existing 
security zone listed in 33 CFR 165.154(a)(2)(i) Safety and Security 
Zones: Captain of the Port Zone Safety and Security Zones, to expand 
the zone, as indicate in the illustration below, to protect a new 
submarine construction facility and floating dry dock being built 
adjacent to the current facility.

[[Page 19172]]

[GRAPHIC] [TIFF OMITTED] TP13AP21.031

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 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 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 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

[[Page 19173]]

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 effects of this 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 Electric Boat Shipyard. 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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    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 in response to this 
document, see DHS's eRulemaking System of Records notice (85 FR 14226, 
March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket, 
and public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. 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. Additionally, if you go to the online docket and sign up for 
email alerts, you will be notified when comments are posted or a final 
rule is published.

List of Subjects in 33 CFR Part 165

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, 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; Departmemt of Homeland Security Delegation No. 0170.1

0
2. In Sec.  165.154, revise paragraphs (a)(2)(i) and (ii) to read as 
follows:


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

* * * * *
    (a) * * *
    (2) * * *
    (i) Location. All navigable waters of the Thames River, from 
surface to bottom, West of the Electric Boat Corportation Shipyard 
enclosed by a line beginning at a point on the shoreline 41[deg]20'16'' 
N, 72[deg]04'47'' W; then running West to 41[deg]20'16.2'' N, 
72[deg]04'58.0'' W; then running North to 41[deg]20'28.7'' N, 
72[deg]05'01.7'' W; then North-Northwest to 41[deg]20'53.3'' N, 
72[deg]05'04.8'' W; then North-Northeast to 41[deg]21'02.9'' N, 
72[deg]05'04.9'' W; then running to shoreline at 41[deg]21'02.9'' N, 
72[deg]04'58.2'' W (NAD 83).
    (ii) Application. Paragraphs (a), (e), (f) of Sec.  165.33 do not 
apply to public vessels or to vessels owned by, under hire to, or 
performing work for the Electric Boat Division when operating in the 
security zone.
* * * * *

    Dated: April 8, 2021
E.J. Van Vamp,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2021-07651 Filed 4-12-21; 8:45 am]
BILLING CODE 9110-04-P


