Proposed Rule2025-07067
Security Zone; Electric Boat Shipyard, Narragansett Bay, Quonset Point, North Kingstown, RI
Primary source
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Published
April 25, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a security zone in the waters adjacent to the General Dynamics Electric Boat Corporation Quonset Point facility in Narragansett Bay, North Kingstown, RI. This action is necessary to protect the facility, material storage areas, and adjacent areas from sabotage or other subversive acts, accidents or incidents of a similar nature. This proposed rulemaking would prohibit all persons and vessels from operating within the prescribed security zone without first obtaining authorization by the Captain of the Port, Sector Southeastern New England or a designated representative. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 90 Issue 79 (Friday, April 25, 2025)</title>
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[Federal Register Volume 90, Number 79 (Friday, April 25, 2025)]
[Proposed Rules]
[Pages 17360-17363]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-07067]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a security zone in
the waters adjacent to the General Dynamics Electric Boat Corporation
Quonset Point facility in Narragansett Bay, North Kingstown, RI. This
action is necessary to protect the facility, material storage areas,
and adjacent areas from sabotage or other subversive acts, accidents or
incidents of a similar nature. This proposed rulemaking would prohibit
all persons and vessels from operating within the prescribed security
zone without first obtaining authorization by the Captain of the Port,
Sector Southeastern New England or a designated representative. 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, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-0994 using the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Marine Science Technician 2nd Class
Nicholas Easley, Waterways Management Division, Sector Southeastern New
England, U.S. Coast Guard; telephone
[[Page 17361]]
206-827-4160, email <a href="/cdn-cgi/l/email-protection#b2fcdbd1daddded3c19ce19cf7d3c1ded7cbf2c7c1d1d59cdfdbde"><span class="__cf_email__" data-cfemail="b4faddd7dcdbd8d5c79ae79af1d5c7d8d1cdf4c1c7d7d39ad9ddd8">[email protected]</span></a>.
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, Purpose, and Legal Basis
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. As a vital part of the U.S. Navy submarine
production, the General Dynamics Electric Boat Corporation Quonset
Point facility in North Kingstown, RI, relies upon the timely
availability of industrial resources to meet national defense and
emergency preparedness requirements. 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, and to specify the horizontal datum employed to describe the
geographic coordinates that establish the zone boundaries. The purpose
of this rulemaking is to defend against gaining access for intelligence
and hostile purposes.
The Coast Guard may issue security zone regulations under authority
in 46 U.S.C. 70051 and 70124.
III. Discussion of Proposed Rule
The Coast Guard proposes to establish a security zone to protect
the General Dynamics Electric Boat Corporation Quonset Point facility,
material storage areas, and adjacent areas from sabotage or other
subversive acts, accidents or incidents of a similar nature. It would
include a portion of the navigable waters on Narraganset Bay adjacent
to the facility in North Kingstown, RI. The security zone would include
all navigable waters of Narragansett Bay, from surface to bottom, south
of Quonset Point, North Kingstown, RI, in an area depicted in the below
chartlet. The horizontal datum employed to describe the geographic
coordinates that establish the zone boundaries are provided in the
draft rule provided at the end of this article.
BILLING CODE 9110-04-P
[GRAPHIC] [TIFF OMITTED] TP25AP25.004
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 section 3(f) of Executive Order 12866.
[[Page 17362]]
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination is based on the size and
location of the security zone. Vessel traffic would be able to safely
transit around the security zone, which would only 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 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 Quonset Point, North Kingstown, RI. Normally
such actions are 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 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.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2024-0994 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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).
[[Page 17363]]
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 is revised 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. 0170.1,
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 of 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.
Y. Moon,
Captain, U.S. Coast Guard, Captain of the Port, Sector Southeastern New
England.
[FR Doc. 2025-07067 Filed 4-24-25; 8:45 am]
BILLING CODE 9110-04-C
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</html>Indexed from Federal Register on April 25, 2025.
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