Rule2022-16622
Security Zone; Naval Submarine Base New London, Groton, CT
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 3, 2022
Effective
September 2, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 148 (Wednesday, August 3, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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:
<a href="/cdn-cgi/l/email-protection#bdf0dccfd693fc93eddcdad8c9fdc8cededa93d0d4d1"><span class="__cf_email__" data-cfemail="8ec3effce5a0cfa0deefe9ebfacefbfdede9a0e3e7e2">[email protected]</span></a>.
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
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</html>Indexed from Federal Register on August 3, 2022.
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