[Federal Register Volume 87, Number 148 (Wednesday, August 3, 2022)]
[Rules and Regulations]
[Pages 47352-47354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16622]


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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: Final rule.

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SUMMARY: The Coast Guard is modifying the security zone boundaries 
surrounding Naval Submarine Base New London in Groton, CT. This rule 
will amend the previous security zone to encompass the entire 
operational area of the Naval Submarine Base.

DATES: This rule is effective September 2, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0082 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 on this rule, 
call or email If you have questions about this proposed rulemaking, 
call or email MST2 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
DHS Department of Homeland Security
FR Federal Register
NOAA National Oceanic and Atmospheric Administration
NPRM Notice of proposed rulemaking

[[Page 47353]]

Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    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 requested to expand the existing security 
zone to safeguard its waterfront facility and its naval vessels while 
moored to prevent destruction, loss, or injury from sabotage or other 
subversive acts, or other causes of a similar nature.
    In response, on April 27, 2022, the Coast Guard published a notice 
of proposed rulemaking (NPRM) titled Security Zone, Naval Submarine 
Base New London, Groton, CT (87 FR 24927). There we stated why we 
issued the NPRM, and invited comments on our proposed regulatory action 
related to this limited access area. During the comment period that 
ended May 27, 2022, we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Long Island 
Sound (COTP) has determined that a security zone is necessary to 
mitigate any moored naval vessels from destruction, loss, or injury 
from sabotage or other subversive acts, or other causes of a similar 
nature.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published April 
27, 2022.
    We were informed though by the National Oceanic and Atmospheric 
Administration (NOAA) Marine Chart Division that the third coordinate 
on the proposed security zone, 41[deg]22'50.3'' N, 072[deg]05'30.8'' W, 
does not appear to be consistent with the rest of the security zone. 
The Coast Guard reviewed NOAA's suggestion with Naval Submarine Base 
New London and revised the third coordinate to 41[deg]23'26.42'' N, 
72[deg]5'30.771'' W. This is the only change to the regulatory text of 
this rule from the proposed rule in the NPRM.
    This rule modifies and expands the existing security zone cited in 
33 CFR 165.154(a)(3) Safety and Security Zones: Captain of the Port 
Long Island Sound Zone, that would allow the zone to completely 
encompass the security barriers and allow room to expand piers as 
required.

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, 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 rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule 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. This rule will amend the 
previous security zone to encompass the entire operational area of the 
Naval Submarine Base. Vessel traffic will be able to safely transit 
around or through the security zone with COTP or their designated 
representative's permission 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 received 0 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 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.
    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).

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

[[Page 47354]]

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 Naval Submarine Base New London, 
Groton, CT. It is categorically excluded from further review under 
paragraph L60a 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.

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.

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; 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. Revise Sec.  165.154(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. 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]23'26.42'' N, 72[deg]5'30.771'' 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).
* * * * *

    Dated: July 21, 2022.
E.J. Van Camp,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2022-16622 Filed 8-2-22; 8:45 am]
BILLING CODE 9110-04-P


