[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Rules and Regulations]
[Pages 42034-42036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17484]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2015-0227]
RIN 1625-AA00
Safety Zone, Block Island Wind Farm; Rhode Island Sound, RI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a 500-yard safety zone around
each of five locations where the Block Island Wind Farm (BIWF) wind
turbine generator (WTG) foundations will be constructed in the
navigable waters of the Rhode Island Sound, RI. These safety zones are
intended to safeguard mariners from the hazards associated with
construction of the BIWF WTG foundations. Vessels are prohibited from
entering into, transiting through, mooring, or anchoring within these
safety zones while construction vessels and associated equipment are
present, unless authorized by the Captain of the Port (COTP),
Southeastern New England or the COTP's designated representative.
DATES: This rule is effective without actual notice from July 16, 2015
until September 30, 2015. For the purposes of enforcement, actual
notice will be used from Wednesday, July 1, 2015, to July 16, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2015-0227. To view documents mentioned in the preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact Mr. Edward G. LeBlanc at Coast Guard Sector Southeastern New
England, telephone 401-435-2351, email [email protected]. If
you have questions on viewing the docket, please contact Ms. Cheryl
Collins, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
BIWF Block Island Wind Farm
FR Federal Register
NTM Notice To Mariners
WTG Wind Turbine Generator
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
On April 21, 2015, we published a NPRM entitled ``Safety Zone,
Block Island Wind Farm; Rhode Island Sound, RI'' in the Federal
Register (80 FR 22144). We received no comments on the rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. This provision authorizes an
agency to make a rule effective less than 30 days after publication in
the Federal Register when the agency for good cause finds that delaying
the effective period for 30 days or more is ``impracticable,
unnecessary, or contrary to the public interest.'' Under 5 U.S.C.
553(d)(3), the Coast Guard finds that good cause exists for making this
rule effective less than
[[Page 42035]]
30 days after publication in the Federal Register because construction
of the Block Island Wind Farm is scheduled to begin in early July, the
environmental window within which construction can be conducted is
short, and no comments opposing the safety zone were received in
response to the NPRM. Therefore, it is impracticable to make this rule
effective 30 days or more after publication in the Federal Register.
B. Basis and Purpose
The legal basis for the rule is 33 U.S.C. 1231; 50 U.S.C. 191; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; and Department of Homeland Security
Delegation No. 0170.1., which collectively authorize the Coast Guard to
establish safety zones.
This rule is necessary to provide for the safety of life and
navigation, for both workers and the boating public, within the
vicinity of the BIWF in Rhode Island Sound, RI.
Background
The Coast Guard is establishing a 500-yard safety zone around each
of five locations where the BIWF WTG foundations will be constructed in
the navigable waters of the Rhode Island Sound, RI, from July 1 to
September 30, 2015. Locations of these platforms are:
------------------------------------------------------------------------
Platform Latitude Longitude
------------------------------------------------------------------------
WTG 1................. 41[deg]7.544' N........ 71[deg]30.454' W.
WTG 2................. 41[deg]7.196' N........ 71[deg]30.837' W.
WTG 3................. 41[deg]6.886' N........ 71[deg]31.268' W.
WTG 4................. 41[deg]6.612' N........ 71[deg]31.747' W.
WTG 5................. 41[deg]6.383' N........ 71[deg]32.259' W.
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These safety zones are intended to safeguard mariners from the
hazards associated with construction of the BIWF WTG foundations.
Vessels will be prohibited from entering into, transiting through,
mooring, or anchoring within these safety zones while construction
vessels and associated equipment are present unless authorized by the
COTP, Southeastern New England or the COTP's designated representative.
Discussion of Comments, Changes and the Final Rule
No comments were received and no changes were made to the language
contained in the NPRM.
C. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or executive orders.
1. Executive Order 12866 and Executive Order 13563
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.
We expect the adverse economic impact of this rule to be minimal.
Although this regulation may have some adverse impact on the public,
the potential impact will be minimized for the following reasons:
Vessels will only be restricted from the safety zones during periods of
actual construction activity from July 1 to September 30, 2015; and the
BIWF is located approximately three miles offshore from Block Island
and the safety zones are only 500-yards in radius centered on the five
BIWF WTG foundation locations, allowing plenty of room for vessels to
pass without having to divert a long distance around the construction
areas.
Notification of the BIWF construction activity and the effective
enforcement periods of the associated safety zones will be made to
mariners through the Rhode Island Port Safety Forum, and local and
broadcast NTMs.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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 rule
will not have a significant economic impact on a substantial number of
small entities.
This rule will affect the following entities, some of which might
be small entities: Owners or operators of vessels intending to enter,
transit, moor, or anchor within 500 yards of the five BIWF WTG
foundation construction locations.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. Collection of Information
This rule would call for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.
7. 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 rule would not result
in such expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
[[Page 42036]]
8. Taking of Private Property
This rule would not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This 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.
12. Energy Effects
This rule is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishment of a
safety zone. A final categorical exclusion document and environmental
checklist are located in the docket for this rule.
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: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T01-227 to read as follows:
Sec. 165.T01-227 Safety Zone, Block Island Wind Farm; Rhode Island
Sound, RI.
(a) Location. Areas within a 500-yard radius of the following five
positions are safety zones:
------------------------------------------------------------------------
Platform Latitude Longitude
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WTG 1................. 41[deg]7.544' N........ 71[deg]30.454' W.
WTG 2................. 41[deg]7.196' N........ 71[deg]30.837' W.
WTG 3................. 41[deg]6.886' N........ 71[deg]31.268' W.
WTG 4................. 41[deg]6.612' N........ 71[deg]31.747' W.
WTG 5................. 41[deg]6.383' N........ 71[deg]32.259' W.
------------------------------------------------------------------------
(b) Enforcement period. From July 1 to September 30, 2015, vessels
will be prohibited from entering into any of these safety zones, when
enforced, during construction activity of five Block Island Wind Farm
(BIWF) wind turbine generators (WTG) located in the positions listed in
paragraph (a) of this section.
(c) Definitions. The following definitions apply to this section:
Designated Representative. A ``designated representative'' is any
Coast Guard commissioned, warrant or petty officer of the U.S. Coast
Guard who has been designated by the Captain of the Port, Sector
Southeastern New England (COTP), to act on his or her behalf.
(d) Regulations. (1) The general regulations contained in Sec.
165.23 as well as the following regulations apply to the safety zones
established in conjunction with the construction of the Block Island
Wind Farm; Rhode Island Sound, RI. These regulations may be enforced
for the duration of construction.
(2) Vessels may not enter into, transit through, moor, or anchor in
these safety zones during periods of enforcement unless authorized by
the Captain of the Port (COTP), Southeastern New England or the COTP's
designated representative. Vessels permitted to transit must operate at
a no-wake speed, in a manner which will not endanger construction
vessels or associated equipment.
(3) Failure to comply with a lawful direction from the Captain of
the Port (COTP), Southeastern New England or the COTP's designated
representative may result in expulsion from the area, citation for
failure to comply, or both.
Dated: June 10, 2015.
J.T. Kondratowicz,
Captain, U.S. Coast Guard, Captain of the Port Southeastern New
England.
[FR Doc. 2015-17484 Filed 7-15-15; 8:45 am]
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