80 FR 22144 - Safety Zone, Block Island Wind Farm; Rhode Island Sound, RI
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 76 (April 21, 2015)
Coast Guard
Federal Register Volume 80, Issue 76 (April 21, 2015)
| Page Range | 22144-22147 | |
| FR Document | 2015-09036 |
[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)] [Proposed Rules] [Pages 22144-22147] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-09036] ----------------------------------------------------------------------- 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: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to establish 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, from July 1 to September 30, 2015. 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 Captain of the Port (COTP), Southeastern New England or the COTP's designated representative. [[Page 22145]] DATES: Comments and related material must be received by the Coast Guard on or before May 21, 2015. Requests for public meetings must be received by the Coast Guard on or before May 12, 2015. ADDRESSES: You may submit comments identified by docket number USCG- 2015-0227 using any one of the following methods: (1) Federal e-Rulemaking Portal: http://www.regulations.gov. (2) Fax: 202-493-2251. (3) Mail or Delivery: Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. The telephone number is 202-366-9329. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section below for further instructions on submitting comments. To avoid duplication, please use only one of these three methods. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, contact Mr. Edward G. LeBlanc, Waterways Management Division at Coast Guard Sector Southeastern New England, telephone 401-435-2351, email [email protected]. If you have questions on viewing or submitting material to the docket, call 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 A. Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. 1. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG-2015-0227), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online (via http://www.regulations.gov) or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online via http://www.regulations.gov, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, type the docket number [USCG-2015-0227] in the ``SEARCH'' box and click ``SEARCH.'' Click on ``Submit a Comment'' on the line associated with this rulemaking. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments. 2. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number (USCG-2015-0227) 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. 3. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). 4. Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one, using one of the methods specified under ADDRESSES. Please explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. B. Regulatory History and Information The Coast Guard has not promulgated a rule regarding construction of the BIWF WTG foundations. C. Basis and Purpose The legal basis for the proposed rule is 33 U.S.C., 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Public Law 107-295, 116 Stat. 2064; 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. D. Discussion of Proposed Rule The Coast Guard proposes to establish 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 1 July to 30 September 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. ------------------------------------------------------------------------ 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. E. Regulatory Analyses We developed this proposed rule after considering numerous statutes and executive orders related to rulemaking. [[Page 22146]] Below we summarize our analyses based on 13 of these statutes or executive orders. 1. Executive Order 12866 and Executive Order 13563 This proposed 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 proposed 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: Although these safety zones will be in effect from 1 July 2015 to 30 September 2015, vessels will only be restricted from the zones during periods of actual construction activity; the BIWF is located approximately three miles offshore of Block Island and the safety zone 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 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 proposed rule will not have a significant economic impact on a substantial number of small entities. This proposed rule would 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. 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 rulemaking would economically affect it. 3. Assistance for Small Entities 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 so that they can better evaluate its effects on them and participate in the rulemaking. If the rulemaking 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 under FOR FURTHER INFORMATION CONTACT. 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. 4. Collection of Information This proposed 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 proposed 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 proposed rule would not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This proposed 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 proposed 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 proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rulemaking 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 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. 12. Energy Effects This proposed 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 proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this proposed 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 made a preliminary determination that this action appears to be one of a category of actions which do not individually or cumulatively have a [[Page 22147]] significant effect on the human environment. A preliminary environmental analysis checklist supporting this determination is available in the docket where indicated under ADDRESSES. These safety zones are intended to safeguard mariners from the hazards associated with wind farm construction activity. 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 Captain of the Port (COTP), Southeastern New England or the COTP's designated representative. It appears that this action will qualify for Coast Guard Categorical Exclusion (34)(g), as described in figure 2-1 of the Commandant Instruction. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed 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 proposes 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 reads 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.T0227 to read as follows: Sec. 165.T0227 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 ------------------------------------------------------------------------ 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 1 July to 30 September 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 2(a) above. (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 33 CFR 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: April 1, 2015. J.T. Kondratowicz, Captain, U.S. Coast Guard, Captain of the Port Southeastern New England. [FR Doc. 2015-09036 Filed 4-20-15; 8:45 am] BILLING CODE 9110-04-P
![22144 Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Proposed Rules
proposed rule would not result in such (NEPA) (42 U.S.C. 4321–4370f), and Charleston or a designated
an expenditure, we do discuss the have concluded this action is one of a representative.
effects of this rule elsewhere in this category of actions that do not (2) Persons and vessels desiring to
preamble. individually or cumulatively have a enter or transit through the regulated
significant effect on the human areas may contact the Captain of the
8. Taking of Private Property
environment. This rule involves a Port Charleston by telephone at (843)
This proposed rule would not cause a special local regulation issued in 740–7050, or a designated
taking of private property or otherwise conjunction with a regatta or marine representative via VHF radio on channel
have taking implications under parade. This rule is categorically 16, to request authorization. If
Executive Order 12630, Governmental excluded from further review under authorization to enter or transit through
Actions and Interference with paragraph 34(g) of Figure 2–1 of the the regulated areas is granted by the
Constitutionally Protected Property Commandant Instruction. We seek any Captain of the Port Charleston or a
Rights. comments or information that may lead designated representative, all persons
9. Civil Justice Reform to the discovery of a significant and vessels receiving such authorization
environmental impact from this rule. must comply with the instructions of
This proposed rule meets applicable the Captain of the Port Charleston or a
standards in sections 3(a) and 3(b)(2) of List of Subjects in 33 CFR Part 165
designated representative.
Executive Order 12988, Civil Justice Harbors, Marine safety, Navigation (3) The Coast Guard will provide
Reform, to minimize litigation, (water), Reporting and recordkeeping notice of the regulated areas by Local
eliminate ambiguity, and reduce requirements, Security measures, Notice to Mariners, Broadcast Notice to
burden. Waterways. Mariners, and on-scene designated
10. Protection of Children From For the reasons discussed in the representatives.
Environmental Health Risks preamble, the Coast Guard proposes to (d) Effective Date. This rule is
amend 33 CFR part 165 as follows: effective on Saturday, May 30, 2015,
We have analyzed this proposed rule and will be enforced from 7:30 a.m.
under Executive Order 13045, PART 165—REGULATED NAVIGATION until 9:45 a.m.
Protection of Children from AREAS AND LIMITED ACCESS AREAS Dated: April 9, 2015.
Environmental Health Risks and Safety
Risks. This rule is not an economically B.D. Falk,
■ 1. The authority citation for part 165 Commander, U.S. Coast Guard, Captain of
significant rule and would not create an continues to read as follows:
environmental risk to health or risk to the Port Charleston.
safety that might disproportionately Authority: 33 U.S.C. 1231; 50 U.S.C. 191; [FR Doc. 2015–09048 Filed 4–20–15; 8:45 am]
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
affect children. Department of Homeland Security Delegation
BILLING CODE 9110–04–P
11. Indian Tribal Governments No. 0170.1.
This proposed rule does not have ■ 2. Add a temporary § 165.T07–0181 to DEPARTMENT OF HOMELAND
tribal implications under Executive read as follows: SECURITY
Order 13175, Consultation and § 165.T07–0181 Safety Zone; Low Country
Coordination with Indian tribal Coast Guard
Splash, Charleston, SC.
Governments, because it would not have
(a) Regulated Areas. The following 33 CFR Part 165
a substantial direct effect on one or
regulated area is a moving safety zone:
more Indian tribes, on the relationship [Docket No. USCG–2015–0227]
all waters 50 yards in front of the lead
between the Federal Government and
safety vessel preceding the first race RIN 1625–AA00
Indian tribes, or on the distribution of
participants, 50 yards behind the safety
power and responsibilities between the Safety Zone, Block Island Wind Farm;
vessel trailing the last race participants,
Federal Government and Indian tribes. Rhode Island Sound, RI
and at all times extend 100 yards on
12. Energy Effects either side of the race participants and AGENCY: Coast Guard, DHS.
This proposed rule is not a safety vessels. The Low Country Splash
ACTION: Notice of proposed rulemaking.
‘‘significant energy action’’ under swimming race consists of a 5 mile
Executive Order 13211, Actions course that starts at Daniel Island Pier SUMMARY: The Coast Guard proposes to
Concerning Regulations That on the Wando River, crosses the main establish a 500-yard safety zone around
Significantly Affect Energy Supply, shipping channel of Wando River at each of five locations where the Block
Distribution, or Use. Hobcaw Point, and finishes at the Island Wind Farm (BIWF) wind turbine
Charleston Harbor Resort Marina. generator (WTG) foundations will be
13. Technical Standards (b) Definition. The term ‘‘designated constructed in the navigable waters of
This proposed rule does not use representative’’ means Coast Guard the Rhode Island Sound, RI, from July
technical standards. Therefore, we did Patrol Commanders, including Coast 1 to September 30, 2015. These safety
not consider the use of voluntary Guard coxswains, petty officers, and zones are intended to safeguard
consensus standards. other officers operating Coast Guard mariners from the hazards associated
vessels, and Federal, state, and local with construction of the BIWF WTG
14. Environment officers designated by or assisting the
tkelley on DSK3SPTVN1PROD with PROPOSALS
foundations. Vessels will be prohibited
We have analyzed this rule under Captain of the Port Charleston in the from entering into, transiting through,
Department of Homeland Security enforcement of the regulated areas. mooring, or anchoring within these
Management Directive 023–01 and (c) Regulations. safety zones while construction vessels
Commandant Instruction M16475.lD, (1) All persons and vessels are and associated equipment are present,
which guide the Coast Guard in prohibited from entering or transiting unless authorized by the Captain of the
complying with the National through the regulated areas unless Port (COTP), Southeastern New England
Environmental Policy Act of 1969 authorized by the Captain of the Port or the COTP’s designated representative.
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DATES: Comments and related material material online (via http:// 4. Public Meeting
must be received by the Coast Guard on www.regulations.gov) or by fax, mail, or We do not now plan to hold a public
or before May 21, 2015. Requests for hand delivery, but please use only one meeting. But you may submit a request
public meetings must be received by the of these means. If you submit a for one, using one of the methods
Coast Guard on or before May 12, 2015. comment online via http:// specified under ADDRESSES. Please
ADDRESSES: You may submit comments www.regulations.gov, it will be explain why you believe a public
identified by docket number USCG– considered received by the Coast Guard meeting would be beneficial. If we
2015–0227 using any one of the when you successfully transmit the determine that one would aid this
following methods: comment. If you fax, hand deliver, or rulemaking, we will hold one at a time
(1) Federal e-Rulemaking Portal: mail your comment, it will be and place announced by a later notice
http://www.regulations.gov. considered as having been received by in the Federal Register.
(2) Fax: 202–493–2251. the Coast Guard when it is received at
(3) Mail or Delivery: Docket the Docket Management Facility. We B. Regulatory History and Information
Management Facility (M–30), U.S. recommend that you include your name The Coast Guard has not promulgated
Department of Transportation, West and a mailing address, an email address, a rule regarding construction of the
Building Ground Floor, Room W12–140, or a telephone number in the body of BIWF WTG foundations.
1200 New Jersey Avenue SE., your document so that we can contact
Washington, DC 20590–0001. Deliveries you if we have questions regarding your C. Basis and Purpose
accepted between 9 a.m. and 5 p.m., submission. The legal basis for the proposed rule
Monday through Friday, except federal To submit your comment online, go to is 33 U.S.C., 1231; 46 U.S.C. Chapter
holidays. The telephone number is 202– http://www.regulations.gov, type the 701, 3306, 3703; 50 U.S.C. 191, 195;
366–9329. docket number [USCG–2015–0227] in Public Law 107–295, 116 Stat. 2064; and
See the ‘‘Public Participation and the ‘‘SEARCH’’ box and click Department of Homeland Security
Request for Comments’’ portion of the ‘‘SEARCH.’’ Click on ‘‘Submit a Delegation No. 0170.1, which
SUPPLEMENTARY INFORMATION section Comment’’ on the line associated with collectively authorize the Coast Guard
below for further instructions on this rulemaking. to establish safety zones.
submitting comments. To avoid If you submit your comments by mail This rule is necessary to provide for
duplication, please use only one of or hand delivery, submit them in an the safety of life and navigation, for both
these three methods. unbound format, no larger than 81⁄2 by workers and the boating public, within
FOR FURTHER INFORMATION CONTACT: If 11 inches, suitable for copying and the vicinity of the BIWF in Rhode Island
you have questions on this proposed electronic filing. If you submit Sound, RI.
rule, contact Mr. Edward G. LeBlanc, comments by mail and would like to
know that they reached the Facility, D. Discussion of Proposed Rule
Waterways Management Division at
Coast Guard Sector Southeastern New please enclose a stamped, self-addressed The Coast Guard proposes to establish
England, telephone 401–435–2351, postcard or envelope. We will consider a 500-yard safety zone around each of
email Edward.G.LeBlanc@uscg.mil. If all comments and material received five locations where the BIWF WTG
you have questions on viewing or during the comment period and may foundations will be constructed in the
submitting material to the docket, call change the rule based on your navigable waters of the Rhode Island
Cheryl Collins, Program Manager, comments. Sound, RI, from 1 July to 30 September
Docket Operations, telephone 202–366– 2. Viewing Comments and Documents 2015. Locations of these platforms are:
9826.
To view comments, as well as Platform Latitude Longitude
SUPPLEMENTARY INFORMATION: documents mentioned in this preamble
Table of Acronyms as being available in the docket, go to WTG 1 ....... 41° 7.544′ N .. 71° 30.454′
http://www.regulations.gov, type the W.
BIWF Block Island Wind Farm WTG 2 ....... 41° 7.196′ N .. 71° 30.837′
FR Federal Register
docket number (USCG–2015–0227) in
the ‘‘SEARCH’’ box and click W.
NTM Notice To Mariners WTG 3 ....... 41° 6.886′ N .. 71° 31.268′
WTG Wind Turbine Generator ‘‘SEARCH.’’ Click on Open Docket W.
Folder on the line associated with this WTG 4 ....... 41° 6.612′ N .. 71° 31.747′
A. Public Participation and Request for rulemaking. You may also visit the W.
Comments Docket Management Facility in Room WTG 5 ....... 41° 6.383′ N .. 71° 32.259′
We encourage you to participate in W12–140 on the ground floor of the W.
this rulemaking by submitting Department of Transportation West
comments and related materials. All Building, 1200 New Jersey Avenue SE., These safety zones are intended to
comments received will be posted Washington, DC 20590, between 9 a.m. safeguard mariners from the hazards
without change to http:// and 5 p.m., Monday through Friday, associated with construction of the
www.regulations.gov and will include except Federal holidays. BIWF WTG foundations. Vessels will be
any personal information you have prohibited from entering into, transiting
3. Privacy Act
provided. through, mooring, or anchoring within
Anyone can search the electronic these safety zones while construction
1. Submitting Comments form of comments received into any of vessels and associated equipment are
tkelley on DSK3SPTVN1PROD with PROPOSALS
If you submit a comment, please our dockets by the name of the present unless authorized by the COTP,
include the docket number for this individual submitting the comment (or Southeastern New England or the
rulemaking (USCG–2015–0227), signing the comment, if submitted on COTP’s designated representative.
indicate the specific section of this behalf of an association, business, labor
document to which each comment union, etc.). You may review a Privacy E. Regulatory Analyses
applies, and provide a reason for each Act notice regarding our public dockets We developed this proposed rule after
suggestion or recommendation. You in the January 17, 2008, issue of the considering numerous statutes and
may submit your comments and Federal Register (73 FR 3316). executive orders related to rulemaking.
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significant effect on the human Block Island Wind Farm (BIWF) wind Department of Environment and Natural
environment. turbine generators (WTG) located in the Resources, on July 7, 2014, to address
A preliminary environmental analysis positions listed in 2(a) above. the base year emissions inventory and
checklist supporting this determination (c) Definitions. The following emissions statement requirements for
is available in the docket where definitions apply to this section: the 2008 8-hour ozone national ambient
indicated under ADDRESSES. These Designated representative. A air quality standards (NAAQS) for the
safety zones are intended to safeguard ‘‘designated representative’’ is any Coast State’s portion of the Charlotte Gastonia-
mariners from the hazards associated Guard commissioned, warrant or petty Rock Hill, North Carolina-South
with wind farm construction activity. officer of the U.S. Coast Guard who has Carolina Area. Annual emissions
Vessels will be prohibited from entering been designated by the Captain of the reporting (i.e., emission statement) and
into, transiting through, mooring, or Port, Sector Southeastern New England a base year emissions inventory are
anchoring within these safety zones (COTP), to act on his or her behalf. required for all ozone nonattainment
while construction vessels and (d) Regulations. (1) The general areas. The Area is comprised of the
associated equipment are present unless regulations contained in 33 CFR 165.23 entire county of Mecklenburg and
authorized by the Captain of the Port as well as the following regulations portions of Cabarrus, Gaston, Iredell,
(COTP), Southeastern New England or apply to the safety zones established in Lincoln, Rowan and Union Counties in
the COTP’s designated representative. It conjunction with the construction of the North Carolina; and a portion of York
appears that this action will qualify for Block Island Wind Farm; Rhode Island County in South Carolina. EPA will
Coast Guard Categorical Exclusion Sound, RI. These regulations may be consider and take action on the South
(34)(g), as described in figure 2–1 of the enforced for the duration of Carolina submission for the emissions
Commandant Instruction. construction. inventory and emissions statement for
We seek any comments or information (2) Vessels may not enter into, transit its portion of this Area in a separate
that may lead to the discovery of a through, moor, or anchor in these safety action.
significant environmental impact from zones during periods of enforcement DATES: Written comments must be
this proposed rule. unless authorized by the Captain of the received on or before May 21, 2015.
List of Subjects in 33 CFR Part 165 Port (COTP), Southeastern New England ADDRESSES: Submit your comments,
or the COTP’s designated representative. identified by Docket ID No. EPA–R04–
Harbors, Marine safety, Navigation Vessels permitted to transit must
(water), Reporting and recordkeeping OAR–2015–0209 by one of the following
operate at a no-wake speed, in a manner methods:
requirements, Security measures, which will not endanger construction 1. www.regulations.gov: Follow the
Waterways. vessels or associated equipment. on-line instructions for submitting
For the reasons discussed in the (3) Failure to comply with a lawful comments.
preamble, the Coast Guard proposes to direction from the Captain of the Port 2. Email: R4–ARMS@epa.gov.
amend 33 CFR part 165 as follows: (COTP), Southeastern New England or 3. Fax: (404) 562–9019.
the COTP’s designated representative 4. Mail: ‘‘EPA–R04–OAR–2015–
PART 165—REGULATED NAVIGATION may result in expulsion from the area, 0209,’’ Air Regulatory Management
AREAS AND LIMITED ACCESS AREAS citation for failure to comply, or both. Section (formerly the Regulatory
Dated: April 1, 2015. Development Section), Air Planning and
■ 1. The authority citation for Part 165
J.T. Kondratowicz, Implementation Branch (formerly the
reads as follows:
Air Planning Branch), Air, Pesticides
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Captain, U.S. Coast Guard, Captain of the
Port Southeastern New England. and Toxics Management Division, U.S.
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Environmental Protection Agency,
Department of Homeland Security Delegation [FR Doc. 2015–09036 Filed 4–20–15; 8:45 am]
Region 4, 61 Forsyth Street SW.,
No. 0170.1. BILLING CODE 9110–04–P
Atlanta, Georgia 30303–8960.
■ 2. Add § 165.T0227 to read as follows: 5. Hand Delivery or Courier: Lynorae
Benjamin, Regulatory Development
§ 165.T0227 Safety Zone, Block Island ENVIRONMENTAL PROTECTION
Wind Farm; Rhode Island Sound, RI.
Section, Air Planning Branch, Air,
AGENCY Pesticides and Toxics Management
(a) Location. Areas within a 500-yard Division, U.S. Environmental Protection
radius of the following five positions are 40 CFR Part 52 Agency, Region 4, 61 Forsyth Street
safety zones: SW., Atlanta, Georgia 30303–8960. Such
[EPA–R04–OAR–2015–0209; FRL–9926–46–
Platform Latitude Longitude
Region 4] deliveries are only accepted during the
Regional Office’s normal hours of
Approval and Promulgation of operation. The Regional Office’s official
WTG 1 ......... 41° 7.544′ N. 71° 30.454′
W. Implementation Plans; North Carolina; hours of business are Monday through
WTG 2 ......... 41° 7.196′ N. 71° 30.837′ Charlotte; Base Year Emissions Friday, 8:30 to 4:30, excluding Federal
W. Inventory and Emissions Statement holidays.
WTG 3 ......... 41° 6.886′ N. 71° 31.268′ Requirements for the 2008 8-Hour Please see the direct final rule which
W. Ozone Standard is located in the Rules section of this
WTG 4 ......... 41° 6.612′ N. 71° 31.747′ Federal Register for detailed
W. AGENCY: Environmental Protection
instructions on how to submit
tkelley on DSK3SPTVN1PROD with PROPOSALS
WTG 5 ......... 41° 6.383′ N. 71° 32.259′ Agency.
W. comments.
ACTION: Proposed rule.
FOR FURTHER INFORMATION CONTACT: Jane
(b) Enforcement Period. From 1 July SUMMARY: The Environmental Protection Spann, Regulatory Development
to 30 September 2015, vessels will be Agency (EPA) is proposing to approve a Section, Air Planning Branch, Air,
prohibited from entering into any of state implementation plan revision Pesticides and Toxics Management
these safety zones, when enforced, submitted by the State of North Division, U.S. Environmental Protection
during construction activity of five Carolina, through North Carolina Agency, Region 4, 61 Forsyth Street
VerDate Sep<11>2014 17:28 Apr 20, 2015 Jkt 235001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\21APP1.SGM 21APP1](https://thefederalregister.org/doc/80_FR_22220/page/4.svg)
Document Created: 2015-12-16 08:34:20
Document Modified: 2015-12-16 08:34:20
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must be received by the Coast Guard on or before May 21, 2015. Requests for public meetings must be received by the Coast Guard on or before May 12, 2015. | |
| Contact | If you have questions on this proposed rule, contact Mr. Edward G. LeBlanc, Waterways Management Division at Coast Guard Sector Southeastern New England, telephone 401-435-2351, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826. | |
| FR Citation | 80 FR 22144 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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