Security Zone: Electric Boat Shipyard, Groton, CT

• Published date: 13 April 2021
• Citation: 86 FR 19171
• Record Number: 2021-07651
• Section: Proposed rules
• Court: Coast Guard

19171

Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Proposed Rules

List of Subjects in 33 CFR Part 100

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 100 as follows:

PART 100—SAFETY OF LIFE ON

NAVIGABLE WATERS

■1. The authority citation for part 100

continues to read as follows:

Authority: 46 U.S.C. 70041; 33 CFR 1.05–

1.

■2. Amend Table 1 in § 100.100 by

adding item 7.8 in numerical order to

read as follows:

§ 100.100 Special Local Regulations;

Regattas and Boat Races in the Coast

Guard Sector Long Island Sound Captain of

the Port Zone.

* * * * *

T

ABLE

1

TO

§ 100.100

*******

7 ............................................................ July

*******

7.8 Mystic Sharkfest Swim ................. •Date: A single day during July.

•Time: To be determined annually.

•Location: All waters of the Mystic River in Mystic, CT from Mystic Seaport, down the Mystic River,

under the Bascule Drawbridge at 41°21′17.046″ N, 071°58′8.742″ W, to finish at the boat launch

ramp at the north end of Seaport Marine.

*******

Dated: April 8, 2021

E.J. Van Camp,

Captain, U.S. Coast Guard, Captain of the

Port Long Island Sound.

[FR Doc. 2021–07650 Filed 4–12–21; 8:45 am]

BILLING CODE 9110–04–P

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.

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

§ 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.

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Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Proposed Rules

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

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Illustration showing current and proposed security zone.

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Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Proposed Rules

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

■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

■2. In § 165.154, revise paragraphs

(a)(2)(i) and (ii) to read as follows:

§ 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°20′16″ N, 72°04′47″ W;

then running West to 41°20′16.2″ N,

72°04′58.0″ W; then running North to

41°20′28.7″ N, 72°05′01.7″ W; then

North-Northwest to 41°20′53.3″ N,

72°05′04.8″ W; then North-Northeast to

41°21′02.9″ N, 72°05′04.9″ W; then

running to shoreline at 41°21′02.9″ N,

72°04′58.2″ W (NAD 83).

(ii) Application. Paragraphs (a), (e), (f)

of § 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

POSTAL REGULATORY COMMISSION

39 CFR Part 3030

[Docket No. RM2021–2; Order No. 5862]

Market Dominant Products

AGENCY

: Postal Regulatory Commission.

ACTION

: Advance notice of proposed

rulemaking.

SUMMARY

: The Commission is initiating

a review seeking input from the public

about what additional regulations

promulgated by the Commission may be

necessary to achieve the objectives of

the Postal Accountability and

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