80_FR_42170 80 FR 42034 - Safety Zone, Block Island Wind Farm; Rhode Island Sound, RI

80 FR 42034 - Safety Zone, Block Island Wind Farm; Rhode Island Sound, RI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 136 (July 16, 2015)

Page Range42034-42036
FR Document2015-17484

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.

Federal Register, Volume 80 Issue 136 (Thursday, July 16, 2015)
[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Rules and Regulations]
[Pages 42034-42036]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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 Edward.G.LeBlanc@uscg.mil. 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.
------------------------------------------------------------------------

    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
------------------------------------------------------------------------
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]
BILLING CODE 9110-04-P



                                            42034              Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations

                                            14. Environment                                             (c) Regulations. (1) All persons and               vessels and associated equipment are
                                              We have analyzed this rule under                       vessels are prohibited from entering,                 present, unless authorized by the
                                            Department of Homeland Security                          transiting through, anchoring in, or                  Captain of the Port (COTP),
                                            Management Directive 023–01 and                          remaining within the regulated area                   Southeastern New England or the
                                            Commandant Instruction M16475.lD,                        unless otherwise authorized by the                    COTP’s designated representative.
                                            which guide the Coast Guard in                           Captain of the Port Charleston or a                   DATES: This rule is effective without
                                            complying with the National                              designated representative.                            actual notice from July 16, 2015 until
                                            Environmental Policy Act of 1969                            (2) Persons and vessels desiring to                September 30, 2015. For the purposes of
                                            (NEPA) (42 U.S.C. 4321–4370f), and                       enter, transit through, anchor in, or                 enforcement, actual notice will be used
                                            have concluded this action is one of a                   remain within the regulated area may                  from Wednesday, July 1, 2015, to July
                                            category of actions that do not                          contact the Captain of the Port                       16, 2015.
                                            individually or cumulatively have a                      Charleston by telephone at 843–740–                   ADDRESSES: Documents mentioned in
                                            significant effect on the human                          7050, or a designated representative via              this preamble are part of docket USCG–
                                            environment. This rule involves a                        VHF radio on channel 16 to seek                       2015–0227. To view documents
                                            special local regulation issued in                       authorization. If authorization to enter,             mentioned in the preamble as being
                                            conjunction with a regatta or marine                     transit through, anchor in, or remain                 available in the docket, go to http://
                                            parade. This rule is categorically                       within the regulated areas is granted by              www.regulations.gov, type the docket
                                            excluded from further review under                       the Captain of the Port Charleston or a               number in the ‘‘SEARCH’’ box and click
                                            paragraph 34(h) of Figure 2–1 of the                     designated representative, all persons                ‘‘SEARCH.’’ Click on Open Docket
                                            Commandant Instruction. We seek any                      and vessels receiving such authorization              Folder on the line associated with this
                                            comments or information that may lead                    must comply with the instructions of                  rulemaking. You may also visit the
                                            to the discovery of a significant                        the Captain of the Port Charleston or a               Docket Management Facility in Room
                                            environmental impact from this rule.                     designated representative.                            W12–140 on the ground floor of the
                                                                                                        (3) The Coast Guard will provide
                                            List of Subjects in 33 CFR Part 100                                                                            Department of Transportation West
                                                                                                     notice of the regulated area through
                                                                                                                                                           Building, 1200 New Jersey Avenue SE.,
                                              Marine safety, Navigation (water),                     advanced notice via broadcast notice to
                                                                                                                                                           Washington, DC 20590, between 9 a.m.
                                            Reporting and recordkeeping                              mariners and by on-scene designated
                                                                                                                                                           and 5 p.m., Monday through Friday,
                                            requirements, Waterways.                                 representatives.
                                                                                                                                                           except Federal holidays.
                                                                                                        (d) Enforcement date. This rule will
                                              For the reasons discussed in the                                                                             FOR FURTHER INFORMATION CONTACT: If
                                                                                                     be enforced from 12:00 p.m. to 4:00 p.m.
                                            preamble, the Coast Guard amends 33                                                                            you have questions on this rule, contact
                                                                                                     on July 26, 2015.
                                            CFR part 100 as follows:                                                                                       Mr. Edward G. LeBlanc at Coast Guard
                                                                                                       Dated: June 30, 2015.
                                                                                                                                                           Sector Southeastern New England,
                                            PART 100—SAFETY OF LIFE ON                               B.D. Falk,                                            telephone 401–435–2351, email
                                            NAVIGABLE WATERS                                         Commander, U.S. Coast Guard, Acting                   Edward.G.LeBlanc@uscg.mil. If you
                                                                                                     Captain of the Port Charleston.                       have questions on viewing the docket,
                                            ■ 1. The authority citation for part 100
                                                                                                     [FR Doc. 2015–17477 Filed 7–15–15; 8:45 am]           please contact Ms. Cheryl Collins,
                                            continues to read as follows:
                                                                                                     BILLING CODE 9110–04–P                                Program Manager, Docket Operations,
                                                Authority: 33 U.S.C. 1233.                                                                                 telephone 202–366–9826.
                                            ■ 2. Add a temporary § 100.T07–0192 to                                                                         SUPPLEMENTARY INFORMATION:
                                            read as follows:                                         DEPARTMENT OF HOMELAND
                                                                                                     SECURITY                                              Table of Acronyms
                                            § 100.T07–0192 Special Local Regulations;
                                                                                                                                                           BIWF Block Island Wind Farm
                                            Beaufort Water Festival, Beaufort, SC.                   Coast Guard
                                                                                                                                                           FR Federal Register
                                               (a) Regulated areas. The following                                                                          NTM Notice To Mariners
                                            regulated area that will encompass a                     33 CFR Part 165                                       WTG Wind Turbine Generator
                                            portion of the Beaufort River that is 700                [Docket No. USCG–2015–0227]                           NPRM Notice of Proposed Rulemaking
                                            ft wide by 2600 ft in length, whose
                                            approximate corner coordinates are as                    RIN 1625–AA00                                         A. Regulatory History and Information
                                            follows: 32°25′47″ N/080°40′44″ W,                                                                                On April 21, 2015, we published a
                                            32°25′41″ N/080°40′14″ W, 32°25′35″ N/                   Safety Zone, Block Island Wind Farm;                  NPRM entitled ‘‘Safety Zone, Block
                                            080°40′16″ W, 32°25′40″ N/080°40′46″                     Rhode Island Sound, RI                                Island Wind Farm; Rhode Island Sound,
                                            W. Spectator vessels may safely transit                  AGENCY:    Coast Guard, DHS.                          RI’’ in the Federal Register (80 FR
                                            outside the regulated area, but are                      ACTION:   Temporary final rule.                       22144). We received no comments on
                                            prohibited from entering, transiting                                                                           the rule.
                                            through, anchoring, or remaining within                  SUMMARY:   The Coast Guard is                            Under 5 U.S.C. 553(d)(3), the Coast
                                            the regulated area. The Coast Guard may                  establishing a 500-yard safety zone                   Guard finds that good cause exists for
                                            be assisted by other Federal, State, or                  around each of five locations where the               making this rule effective less than 30
                                            local law enforcement agencies in                        Block Island Wind Farm (BIWF) wind                    days after publication in the Federal
                                            enforcing this regulation.                               turbine generator (WTG) foundations                   Register. This provision authorizes an
                                               (b) Definition. The term ‘‘designated                 will be constructed in the navigable                  agency to make a rule effective less than
                                            representative’’ means Coast Guard                       waters of the Rhode Island Sound, RI.                 30 days after publication in the Federal
                                            Patrol Commanders, including Coast                       These safety zones are intended to                    Register when the agency for good cause
tkelley on DSK3SPTVN1PROD with RULES




                                            Guard coxswains, petty officers, and                     safeguard mariners from the hazards                   finds that delaying the effective period
                                            other officers operating Coast Guard                     associated with construction of the                   for 30 days or more is ‘‘impracticable,
                                            vessels, and Federal, state, and local                   BIWF WTG foundations. Vessels are                     unnecessary, or contrary to the public
                                            officers designated by or assisting the                  prohibited from entering into, transiting             interest.’’ Under 5 U.S.C. 553(d)(3), the
                                            Captain of the Port Charleston in the                    through, mooring, or anchoring within                 Coast Guard finds that good cause exists
                                            enforcement of the regulated areas.                      these safety zones while construction                 for making this rule effective less than


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                                                                  Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations                                          42035

                                            30 days after publication in the Federal                     1. Executive Order 12866 and Executive                jurisdiction and you have questions
                                            Register because construction of the                         Order 13563                                           concerning its provisions or options for
                                            Block Island Wind Farm is scheduled to                          This rule is not a significant                     compliance, please contact the person
                                            begin in early July, the environmental                       regulatory action under section 3(f) of               listed in the FOR FURTHER INFORMATION
                                            window within which construction can                         Executive Order 12866, Regulatory                     CONTACT, above.
                                            be conducted is short, and no comments                       Planning and Review, as supplemented                     Small businesses may send comments
                                            opposing the safety zone were received                       by Executive Order 13563, and does not                on the actions of Federal employees
                                            in response to the NPRM. Therefore, it                       require an assessment of potential costs              who enforce, or otherwise determine
                                            is impracticable to make this rule                           and benefits under section 6(a)(3) of that            compliance with, Federal regulations to
                                            effective 30 days or more after                              Order. The Office of Management and                   the Small Business and Agriculture
                                            publication in the Federal Register.                         Budget has not reviewed it under that                 Regulatory Enforcement Ombudsman
                                            B. Basis and Purpose                                         Order.                                                and the Regional Small Business
                                                                                                            We expect the adverse economic                     Regulatory Fairness Boards. The
                                              The legal basis for the rule is 33                         impact of this rule to be minimal.                    Ombudsman evaluates these actions
                                            U.S.C. 1231; 50 U.S.C. 191; 33 CFR                           Although this regulation may have some                annually and rates each agency’s
                                            1.05–1, 6.04–1, 6.04–6, 160.5; and                           adverse impact on the public, the                     responsiveness to small business. If you
                                            Department of Homeland Security                              potential impact will be minimized for                wish to comment on actions by
                                            Delegation No. 0170.1., which                                the following reasons: Vessels will only              employees of the Coast Guard, call 1–
                                            collectively authorize the Coast Guard                       be restricted from the safety zones                   888–REG–FAIR (1–888–734–3247). The
                                            to establish safety zones.                                   during periods of actual construction                 Coast Guard will not retaliate against
                                              This rule is necessary to provide for                      activity from July 1 to September 30,                 small entities that question or complain
                                            the safety of life and navigation, for both                  2015; and the BIWF is located                         about this rule or any policy or action
                                            workers and the boating public, within                       approximately three miles offshore from               of the Coast Guard.
                                            the vicinity of the BIWF in Rhode Island                     Block Island and the safety zones are                 4. Collection of Information
                                            Sound, RI.                                                   only 500-yards in radius centered on the
                                                                                                         five BIWF WTG foundation locations,                     This rule would call for no new
                                            Background
                                                                                                         allowing plenty of room for vessels to                collection of information under the
                                              The Coast Guard is establishing a 500-                     pass without having to divert a long                  Paperwork Reduction Act of 1995 (44
                                            yard safety zone around each of five                         distance around the construction areas.               U.S.C. 3501–3520).
                                            locations where the BIWF WTG                                    Notification of the BIWF construction
                                            foundations will be constructed in the                       activity and the effective enforcement                5. Federalism
                                            navigable waters of the Rhode Island                         periods of the associated safety zones                   A rule has implications for federalism
                                            Sound, RI, from July 1 to September 30,                      will be made to mariners through the                  under Executive Order 13132,
                                            2015. Locations of these platforms are:                      Rhode Island Port Safety Forum, and                   Federalism, if it has a substantial direct
                                                                                                         local and broadcast NTMs.                             effect on State or local governments and
                                              Platform            Latitude              Longitude                                                              would either preempt State law or
                                                                                                         2. Impact on Small Entities
                                            WTG   1   ......   41°7.544′   N   ....   71°30.454′   W.                                                          impose a substantial direct cost of
                                                                                                            The Regulatory Flexibility Act of 1980
                                            WTG   2   ......   41°7.196′   N   ....   71°30.837′   W.                                                          compliance on them. We have analyzed
                                                                                                         (RFA), 5 U.S.C. 601–612, as amended,
                                            WTG   3   ......   41°6.886′   N   ....   71°31.268′   W.                                                          this rule under that Order and have
                                                                                                         requires federal agencies to consider the
                                            WTG   4   ......   41°6.612′   N   ....   71°31.747′   W.                                                          determined that it does not have
                                                                                                         potential impact of regulations on small
                                            WTG   5   ......   41°6.383′   N   ....   71°32.259′   W.                                                          implications for federalism.
                                                                                                         entities during rulemaking. The term
                                                                                                         ‘‘small entities’’ comprises small                    6. Protest Activities
                                              These safety zones are intended to                         businesses, not-for-profit organizations
                                            safeguard mariners from the hazards                          that are independently owned and                        The Coast Guard respects the First
                                            associated with construction of the                          operated and are not dominant in their                Amendment rights of protesters.
                                            BIWF WTG foundations. Vessels will be                        fields, and governmental jurisdictions                Protesters are asked to contact the
                                            prohibited from entering into, transiting                    with populations of less than 50,000.                 person listed in the FOR FURTHER
                                            through, mooring, or anchoring within                        The Coast Guard certifies under 5 U.S.C.              INFORMATION CONTACT section to
                                            these safety zones while construction                        605(b) that this rule will not have a                 coordinate protest activities so that your
                                            vessels and associated equipment are                         significant economic impact on a                      message can be received without
                                            present unless authorized by the COTP,                       substantial number of small entities.                 jeopardizing the safety or security of
                                            Southeastern New England or the                                 This rule will affect the following                people, places or vessels.
                                            COTP’s designated representative.                            entities, some of which might be small                7. Unfunded Mandates Reform Act
                                            Discussion of Comments, Changes and                          entities: Owners or operators of vessels
                                            the Final Rule                                               intending to enter, transit, moor, or                   The Unfunded Mandates Reform Act
                                                                                                         anchor within 500 yards of the five                   of 1995 (2 U.S.C. 1531–1538) requires
                                              No comments were received and no                           BIWF WTG foundation construction                      Federal agencies to assess the effects of
                                            changes were made to the language                            locations.                                            their discretionary regulatory actions. In
                                            contained in the NPRM.                                                                                             particular, the Act addresses actions
                                                                                                         3. Assistance for Small Entities                      that may result in the expenditure by a
                                            C. Regulatory Analyses
                                                                                                           Under section 213(a) of the Small                   State, local, or tribal government, in the
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                                              We developed this rule after                               Business Regulatory Enforcement                       aggregate, or by the private sector of
                                            considering numerous statutes and                            Fairness Act of 1996 (Public Law 104–                 $100,000,000 (adjusted for inflation) or
                                            executive orders related to rulemaking.                      121), we want to assist small entities in             more in any one year. Though this rule
                                            Below we summarize our analyses                              understanding this rule. If the rule                  would not result in such expenditure,
                                            based on these statutes or executive                         would affect your small business,                     we do discuss the effects of this rule
                                            orders.                                                      organization, or governmental                         elsewhere in this preamble.


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                                            42036              Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations

                                            8. Taking of Private Property                            zone. A final categorical exclusion                           Port (COTP), Southeastern New England
                                               This rule would not cause a taking of                 document and environmental checklist                          or the COTP’s designated representative.
                                            private property or otherwise have                       are located in the docket for this rule.                      Vessels permitted to transit must
                                            taking implications under Executive                                                                                    operate at a no-wake speed, in a manner
                                                                                                     List of Subjects in 33 CFR Part 165
                                            Order 12630, Governmental Actions and                                                                                  which will not endanger construction
                                                                                                       Harbors, Marine safety, Navigation                          vessels or associated equipment.
                                            Interference with Constitutionally
                                                                                                     (water), Reporting and recordkeeping                             (3) Failure to comply with a lawful
                                            Protected Property Rights.
                                                                                                     requirements, Security measures,                              direction from the Captain of the Port
                                            9. Civil Justice Reform                                  Waterways.                                                    (COTP), Southeastern New England or
                                               This rule meets applicable standards                    For the reasons discussed in the                            the COTP’s designated representative
                                            in sections 3(a) and 3(b)(2) of Executive                preamble, the Coast Guard amends 33                           may result in expulsion from the area,
                                            Order 12988, Civil Justice Reform, to                    CFR part 165 as follows:                                      citation for failure to comply, or both.
                                            minimize litigation, eliminate                                                                                           Dated: June 10, 2015.
                                            ambiguity, and reduce burden.                            PART 165—REGULATED NAVIGATION
                                                                                                                                                                   J.T. Kondratowicz,
                                                                                                     AREAS AND LIMITED ACCESS AREAS
                                            10. Protection of Children From                                                                                        Captain, U.S. Coast Guard, Captain of the
                                            Environmental Health Risks                               ■ 1. The authority citation for part 165                      Port Southeastern New England.
                                                                                                     continues to read as follows:                                 [FR Doc. 2015–17484 Filed 7–15–15; 8:45 am]
                                              We have analyzed this rule under
                                                                                                                                                                   BILLING CODE 9110–04–P
                                            Executive Order 13045, Protection of                       Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                            Children from Environmental Health                       33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                            Risks and Safety Risks. This rule is not                 Department of Homeland Security Delegation
                                                                                                     No. 0170.1.                                                   DEPARTMENT OF HOMELAND
                                            an economically significant rule and                                                                                   SECURITY
                                            would not create an environmental risk                   ■ 2. Add § 165.T01–227 to read as
                                            to health or risk to safety that might                   follows:                                                      Coast Guard
                                            disproportionately affect children.                      § 165.T01–227 Safety Zone, Block Island
                                            11. Indian Tribal Governments                            Wind Farm; Rhode Island Sound, RI.                            33 CFR Part 165
                                               This rule does not have tribal                          (a) Location. Areas within a 500-yard                       [Docket No. USCG–2011–0228]
                                            implications under Executive Order                       radius of the following five positions are
                                                                                                                                                                   RIN 1625–AA00
                                            13175, Consultation and Coordination                     safety zones:
                                            with Indian Tribal Governments,                                                                                        Safety Zone, Brandon Road Lock and
                                                                                                         Platform            Latitude              Longitude
                                            because it would not have a substantial                                                                                Dam to Lake Michigan including Des
                                            direct effect on one or more Indian                      WTG     1   ......   41°7.544′   N   ....   71°30.454′   W.   Plaines River, Chicago Sanitary and
                                            tribes, on the relationship between the                  WTG     2   ......   41°7.196′   N   ....   71°30.837′   W.   Ship Canal, Chicago River, and
                                            Federal Government and Indian tribes,                    WTG     3   ......   41°6.886′   N   ....   71°31.268′   W.   Calumet-Saganashkee Channel,
                                            or on the distribution of power and                      WTG     4   ......   41°6.612′   N   ....   71°31.747′   W.   Chicago, IL; Between Mile Markers
                                            responsibilities between the Federal                     WTG     5   ......   41°6.383′   N   ....   71°32.259′   W.   296.1 and 296.7
                                            Government and Indian tribes.
                                                                                                        (b) Enforcement period. From July 1                        AGENCY:  Coast Guard, DHS.
                                            12. Energy Effects                                       to September 30, 2015, vessels will be                        ACTION: Notice of enforcement of
                                              This rule is not a ‘‘significant energy                prohibited from entering into any of                          regulation.
                                            action’’ under Executive Order 13211,                    these safety zones, when enforced,
                                                                                                                                                                   SUMMARY:   The Coast Guard will enforce
                                            Actions Concerning Regulations That                      during construction activity of five
                                                                                                                                                                   a segment of the Safety Zone; Brandon
                                            Significantly Affect Energy Supply,                      Block Island Wind Farm (BIWF) wind
                                                                                                                                                                   Road Lock and Dam to Lake Michigan
                                            Distribution, or Use.                                    turbine generators (WTG) located in the
                                                                                                                                                                   including Des Plaines River, Chicago
                                                                                                     positions listed in paragraph (a) of this
                                            13. Technical Standards                                                                                                Sanitary and Ship Canal, Chicago River,
                                                                                                     section.
                                              This rule does not use technical                          (c) Definitions. The following                             Calumet-Saganashkee Channel on all
                                            standards. Therefore, we did not                         definitions apply to this section:                            waters of the Chicago Sanitary and Ship
                                            consider the use of voluntary consensus                     Designated Representative. A                               Canal between Mile Marker 296.1 to
                                            standards.                                               ‘‘designated representative’’ is any Coast                    Mile Marker 296.7 at specified times
                                                                                                     Guard commissioned, warrant or petty                          from August 3, 2015, through September
                                            14. Environment                                          officer of the U.S. Coast Guard who has                       18, 2015. This action is necessary to
                                              We have analyzed this rule under                       been designated by the Captain of the                         protect the waterway, waterway users,
                                            Department of Homeland Security                          Port, Sector Southeastern New England                         and vessels from the hazards associated
                                            Management Directive 023–01 and                          (COTP), to act on his or her behalf.                          with the U.S. Fish and Wildlife
                                            Commandant Instruction M16475.lD,                           (d) Regulations. (1) The general                           Service’s trial tests on the water for the
                                            which guide the Coast Guard in                           regulations contained in § 165.23 as                          Asian Carp studies.
                                            complying with the National                              well as the following regulations apply                          During the enforcement periods listed
                                            Environmental Policy Act of 1969                         to the safety zones established in                            below, entry into, transiting, mooring,
                                            (NEPA) (42 U.S.C. 4321–4370f), and                       conjunction with the construction of the                      laying-up or anchoring within the
                                            have concluded this action is one of a                   Block Island Wind Farm; Rhode Island                          enforced area of this safety zone by any
                                            category of actions which do not                         Sound, RI. These regulations may be                           person or vessel is prohibited unless
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                                            individually or cumulatively have a                      enforced for the duration of                                  authorized by the Captain of the Port
                                            significant effect on the human                          construction.                                                 Lake Michigan or her designated
                                            environment. This rule is categorically                     (2) Vessels may not enter into, transit                    representative.
                                            excluded, under figure 2–1, paragraph                    through, moor, or anchor in these safety                      DATES: The regulations in 33 CFR
                                            (34)(g), of the Instruction. This rule                   zones during periods of enforcement                           165.930 will be enforced intermittently
                                            involves the establishment of a safety                   unless authorized by the Captain of the                       from 8 a.m. to 6 p.m. on Monday


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Document Created: 2015-12-15 13:13:01
Document Modified: 2015-12-15 13:13:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis 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.
ContactIf 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.
FR Citation80 FR 42034 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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