Federal Register / Vol. 87, No. 81 / Wednesday, April 27, 2022 / Proposed Rules 24927 

(iv) Area DELTA access is limited to 

vessels less than 20 meters (65.6ft) in 

length. 

(v) Area ECHO access is limited to 

vessels greater than or equal to 20 

meters (65.6ft) in length. 

(vi) All vessels are prohibited from 

entering the moving protection zone 

without permission from the COTP or a 

designated representative. 

(vii) Vessels desiring to utilize any of 

these limited access areas must enter the 

area by 7:30 p.m. 

(3) During periods of enforcement all 

persons and vessels in the limited 

access areas must comply with all 

lawful orders and directions from the 

COTP New York or the COTP New 

York’s designated representative. 

(4) Vessel operators desiring to enter 

or operate within a limited access area 

should contact the COTP New York at 

(718) 354–4356 or on VHF 16 to obtain 

permission. 

(5) Spectators or other vessels must 

not anchor, block, loiter or impede the 

transit of event participants or official 

patrol vessels in the limited access area 

during the effective dates and times 

unless authorized by COTP New York or 

designated representative. 

(6) The COTP or a representative will 

inform the public through local notice 

to mariners and/or Broadcast Notices to 

Mariners of the enforcement period for 

the regulated area as well as any 

changes of the enforcement times. 

(d) Enforcement period. This section 

will be enforced annually on July 4, 

from 5:30 p.m. to 11:30 p.m. In the 

event the fireworks display is postponed 

due to inclement weather, this section 

will be enforced on July 5, from 5:30 

p.m. to 11:30 p.m. 

Dated: April 11, 2022. 

Z. Merchant, 

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

Port New York. 

[FR Doc. 2022–08944 Filed 4–26–22; 8:45 am] 

BILLING CODE 9110–04–P 

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: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to modify the security zone boundaries 

surrounding Naval Submarine Base New 

London in Groton, CT. The proposed 

amendment to the security zone is to 

encompass the entire operational area of 

the Naval Submarine Base. 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, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0082 using the Federal Decision 

Making 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 2nd Class Mark 

Paget, Waterways Management Division, 

Sector Long Island Sound; telephone: 

(203) 468–4583; email: Mark.A.Paget@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Long Island 

Sound 

CT Connecticut 

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 

On August 15, 2003 the Coast Guard 

published a final rule entitled 

‘‘Regulated Navigation Areas, Safety and 

Security Zones; Long Island Sound 

Marine Inspection and Captain of the 

Port Zone’’ in the Federal Register (68 

FR 48798). With this rule we added 33 

CFR 165.153 creating a regulated 

navigation area establishing a speed 

restriction in the vicinity of Naval 

Submarine Base New London and the 

Lower Thames River. 

Later, on February 10, 2012, the Coast 

Guard published a final rule entitled 

‘‘Special Local Regulations; Safety and 

Security Zones; Recurring Events in 

Captain of the Port Long Island Sound 

Zone’’ in the Federal Register (77 FR 

6955). With this rule we added 33 CFR 

100.100 and revised §§ 165.151 and 

165.154. The changes removed 37 

regulated areas, established 33 new 

safety zones, three special local 

regulations, one security zone, and 

consolidatde and simplified these 

regulations. 

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 has requested to expand the 

existing security zone to safeguard its 

waterfront facility and its naval vessels 

while moored from destruction, loss, or 

injury from sabotage or other subversive 

acts, or other causes of a similar nature. 

The purpose of this rulemaking is to 

modify and expand the existing security 

zone cited in 33 CFR 165.154(a)(3). The 

Captain of the Port Long Island Sound 

(COTP) proposes to modify current 

points in the boundary of the security 

zone. This would allow the zone to 

completely encompass the security 

barriers and allow room for planned 

pier expansion projects. 

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. 

The Coast Guard proposes to modify 

the location of the existing security zone 

listed in 33 CFR 165.154(a)(3) Safety 

and Security Zones: Captain of the Port 

Long Island Sound Zone, to expand the 

zone, as indicated in the illustration 

below. This expansion would allow the 

zone to completely encompass the 

security barriers and allow room to 

expand piers as required. 

BILLING CODE 9110–04–P 


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24928 Federal Register / Vol. 87, No. 81 / Wednesday, April 27, 2022 / Proposed Rules 

BILLING CODE 9110–04–C 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 


lotter on DSK11XQN23PROD with PROPOSALS1EP27AP22.004</GPH>

Proposed 

Security Zone 

Boundaries 

Illustration showing current and proposed security zones. 

A color version of this illustration is available in the docket. 
Federal Register / Vol. 87, No. 81 / Wednesday, April 27, 2022 / Proposed Rules 24929 

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 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 Naval Submarine Base New 

London, Groton, CT. 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. 

Submitting comments. We encourage 

you to submit comments through the 

Federal Decision Making Portal at 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, type 

USCG–2022–0082 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 https://

www.regulations.gov, 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 


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24930 Federal Register / Vol. 87, No. 81 / Wednesday, April 27, 2022 / Proposed Rules 

1 In addition to the generally applicable regional 

haze provisions at 40 CFR 51.308, EPA also 

promulgated regulations specific to addressing 

regional haze visibility impairment in Class I areas 

on the Colorado Plateau at 40 CFR 51.309. The 

latter regulations are therefore not relevant here. 

2See 64 FR 35714 (July 1, 1999). On January 10, 

2017, EPA promulgated revisions to the RHR that 

apply for the second and subsequent 

implementation periods. See 82 FR 3078. 

comments will also be placed in our 

online docket and can be viewed by 

following instructions on the https://

www.regulations.gov Frequently Asked 

Questions web page. 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 https://www.regulations.gov 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). 

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. 

■ 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. 

■ 2. Amend § 165.154 by revising 

paragraph (a)(3) to read as follows: 

§ 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 (i) Location. 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°23′7.9′′ N, 

072°05′13.7′′ W; then to 41°23′7.9′′ N, 

072°05′16.9′′ W; then to 41°22′50.3′′ N, 

072°05′30.8′′ W; then to 41°23′42.9′′ N, 

072°05′40.1′′ W; then to 41°23′46.7′′ N, 

072°05′42.3′′ W; then to 41°23′53.9′′ N, 

072°05′44.5′′ W; then to 41°24′8.7′′ N, 

072°05′44.5′′ W; then to 41°24′16.2′′ N, 

072°05′43.4′′ W; then to a point on the 

shoreline 41°24′16.2′′ N, 072°05′36.4′′ 

W; then along the shoreline to the point 

of beginning (NAD 83). 

(ii) [Reserved] 

* * * * * 

Dated: April 21, 2022. 

E.J. Van Camp, 

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

Port Long Island Sound. 

[FR Doc. 2022–08933 Filed 4–26–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2021–0610; FRL–9081–01– 

R4] 

Air Plan Approval; NC; NC BART Rule 

Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

North Carolina State Implementation 

Plan (SIP) revision, submitted through a 

letter dated April 13, 2021, proposing 

changes to North Carolina’s SIPapproved rule addressing best available 

retrofit technology (BART) for regional 

haze. EPA proposes to approve North 

Carolina’s SIP revision because the 

changes are consistent with Clean Air 

Act (CAA or Act) requirements. 

DATES: Comments must be received on 

or before May 27, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2021–0610, at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Michele Notarianni, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW, Atlanta, Georgia 30303–8960. 

Ms. Notarianni can be reached via 

telephone at (404) 562–9031 or 

electronic mail at notarianni.michele@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Regional Haze and Regional Haze 

SIPs 

Regional haze is visibility impairment 

that is produced by a multitude of 

sources and activities which are located 

across a broad geographic area and emit 

fine particulate matter (PM2.5) (e.g., 

sulfates, nitrates, organic carbon, 

elemental carbon, and soil dust) and 

their precursors (e.g., sulfur dioxide 

(SO2), nitrogen oxides (NOX), and in 

some cases, ammonia and volatile 

organic compounds). Fine particle 

precursors react in the atmosphere to 

form PM2.5 which impairs visibility by 

scattering and absorbing light. Visibility 

impairment (i.e., light scattering) 

reduces the clarity, color, and visible 

distance that one can see. PM2.5 can also 

cause serious health effects (including 

premature death, heart attacks, irregular 

heartbeat, aggravated asthma, decreased 

lung function, and increased respiratory 

symptoms) and mortality in humans 

and contributes to environmental effects 

such as acid deposition and 

eutrophication. 

In section 169A of the 1977 

Amendments to the CAA, Congress 

created a program for protecting 

visibility in the nation’s national parks 

and wilderness areas. This section of the 

CAA establishes as a national goal the 

prevention of any future, and the 

remedying of any existing, 

anthropogenic impairment of visibility 

in 156 national parks and wilderness 

areas designated as mandatory Class I 

federal areas. Congress added section 

169B to the CAA in 1990 to address 

regional haze issues, and EPA 

promulgated the Regional Haze Rule 

(RHR), codified at 40 CFR 51.308,1 on 

July 1, 1999.2 The RHR established a 

requirement to submit a regional haze 

SIP which applies to all 50 states, the 


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