81 FR 31862 - Safety Zone, Block Island Wind Farm; Rhode Island Sound, RI
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 98 (May 20, 2016)
Coast Guard
Federal Register Volume 81, Issue 98 (May 20, 2016)
| Page Range | 31862-31864 | |
| FR Document | 2016-11826 |
[Federal Register Volume 81, Number 98 (Friday, May 20, 2016)] [Rules and Regulations] [Pages 31862-31864] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-11826] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2016-0026] 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) towers, nacelles, blades and subsea cables will be installed in the navigable waters of Rhode Island Sound, RI, from May 15 to October 31, 2016. These safety zones are intended to safeguard mariners from the hazards associated with construction of the BIWF. This regulation prohibits vessels from entering into, transiting through, mooring, or anchoring within these safety zones while construction vessels and associated equipment are working on-site (i.e., within 500 yards of a WTG) at one or more of the BIWF WTG sites, 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 May 20, 2016 through October 31, 2016. For purposes of enforcement, actual notice will be used from May 15, 2016 until May 20, 2016. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2016-0026 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, call or email Mr. Edward G. LeBlanc, Chief of the Waterways Management Division at Coast Guard Sector Southeastern New England, telephone 401- 435-2351, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Acronyms BIWF Block Island Wind Farm CFR Code of Federal Regulations COTP Captain of The Port DHS Department of Homeland Security DWW Deepwater Wind FR Federal Register NPRM Notice of proposed rulemaking NTM Notice To Mariners RIDEM Rhode Island Department of Environmental Management Sec. Section TFR Temporary Final Rule U.S.C. United States Code WTG Wind Turbine Generator II. Background Information and Regulatory History On February 16, 2016, the Coast Guard published an NPRM in the Federal Register titled Safety Zone, Block Island Wind Farm; Rhode Island Sound, RI, 81 FR 7718, proposing to create BIWF safety zones effective April 1, 2016. There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to BIWF construction. Two comments were received requesting an extension of the initial comment period that ended on March 17, 2016. On April 4, 2016, we published a Proposed Rule in the Federal Register, 81 FR 19097, opening a second comment period that closed on April 17, 2016. We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register. The original effective date of the safety zones created by this rule was April 1, 2016. The revised date is six weeks later, May 15, 2016. Construction and cable- laying vessels are already preparing to work in the vicinity of the BIWF. The safety of life and navigation for construction and support vessels, BIWF workers, mariners, and the boating public during construction activities in the vicinity of the BIWF in Rhode Island Sound, RI would be negatively impacted by a delay in the effective date of this TFR. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The COTP Southeastern New England has determined that potential hazards associated with construction of the BIWF from May 15 to October 31, 2016 will be a safety concern for anyone within a 500-yard radius of any of the five WTG sites when and where construction vessels are present. The purpose of this rule is to ensure safety of vessels and the navigable waters in the safety zone during this construction period. IV. Discussion of Comments, Changes, and the Rule Twelve comments were received. As noted above, the Coast Guard provided two distinct periods for the public to submit comments. The first comment period, announced in our NPRM published in the Federal Register on February 16, 2016, (81 FR 7718) was from February 16 to March 17, 2016. The second comment period, announced in our Proposed Rule published in the Federal Register on April 4, 2016, (81 FR 19097) was from April 4-17, 2016. We received nine comments in the initial comment period. Two requested additional time to submit comments. Three comments supported the safety zones proposed in the NPRM. One comment suggested that the Coast Guard also prohibit anchoring outside the safety zone areas. Another comment [[Page 31863]] suggested extending the effective dates of the TFR to allow for construction delays. A third comment suggested that measures be implemented to prevent vessels near the safety zones from drifting into the safety zones. Four comments opposed the safety zones, claiming the zones will cause irreparable economic harm to commercial fishing interest that normally fish in the vicinity of the BIWF unless adequately compensated by Deepwater Wind (DWW), the developers of the BIWF. Three comments were received during the second comment period. One comment supported the safety zones as a necessary safety measure with minimal adverse environmental impacts. Two comments requested clarification of our NPRM. The Rhode Island Department of Environmental Management (RIDEM) asked us to clarify that the safety zones are 500 yards in radius centered on each BIWF WTG, not 500 yards diameter. The safety zones created by this TFR are five individual safety zones, each 500 yards in radius centered on each BIWF WTG. RIDEM and another comment also requested that we confirm that each safety zone will only be enforced (i.e., entry to non-construction vessels will be prohibited) when construction vessels are on-site (within 500 yards of a WTG). DWW intends to have vessels on site at only one or two WTG sites simultaneously, not all five concurrently. As written, this TFR will be enforced at each WTG site only when BIWF construction vessels are on-site at a particular WTG. For example, if BIWF construction vessels are at WTG site 1, vessels must remain at least 500 yards from WTG 1. But vessels may approach WTGs 2-5 as close as desired that is consistent with prudent seamanship and navigation safety. As another example, if BIWF construction vessels are at WTG sites 3 and 4, then waters at sites 1, 2, and 5 are completely accessible to mariners, and so on. Additionally, RIDEM requested that the Coast Guard consult with DWW to reduce the effective period of the safety zones created by this TFR to ``minimize economic hardship on members of the RI fishing industry.'' The Coast Guard consulted DWW on April 19, 2016 to discuss the length of the effective period. This TFR shortens the effective period by six weeks and clarifies that the safety zones will only be enforced at those individual WTG sites where construction vessels are on-scene, not all five sites simultaneously, which minimizes the times and areas that may impact the RI fishing industry. RIDEM also requested that five days public notice be provided to inform the public of the specific WTG(s) at which construction activities would be taking place. DWW publishes a daily mariner notification at http://dwwind.com/biwf-construction/, which will include a 5-day forecast of locations of construction vessels and activities. Additionally, RIDEM has a fishery liaison officer whose duties included keeping the RI fishing community advised of BIWF construction activities. The Coast Guard considered all these comments and provided the clarification above, but otherwise made no changes to the regulatory text of this rule from the proposed rule in the NPRM, other than to change the commencement date of the effective period of the TFR from April 1 to May 15, 2016. This rule establishes a 500-yard safety zone around each of five locations where the BIWF WTG towers, nacelles, blades, and subsea cables will be installed in the navigable waters of the Rhode Island Sound, RI, from May 15 to October 31, 2016. These safety zones are intended to safeguard mariners from the hazards associated with construction of the BIWF. These safety zones are also of similar dimensions and duration as safety zones established in 2015 for the same purpose, during the first phase of construction of the BIWF. Vessels will be prohibited from entering into, transiting through, mooring, or anchoring within these safety zones at only those WTG sites where construction vessels and associated equipment are present unless authorized by the COTP, Southeastern New England or the COTP's designated representative. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ``significant regulatory action,'' under Executive order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the size, location, duration, and the time-of-day of the safety zones. The safety zones are 500 yards in radius, centered on each of five WTG locations, and enforced at those WTG sites where construction vessels or construction activities are taking place. Also, construction of the five WTG sites is sequential, not concurrent, so that construction vessels and activities (and hence, safety zones) are present at only one or two sites at any given time. Vessels will be able to safely transit around these safety zones. The Coast Guard will publicize these safety zones in advance via the Local Notice to Mariners Deepwater Wind will update its Web site daily to keep mariners informed of what safety zones, if any, may be enforced. Lastly, safety zones of the same size and duration were implemented for the first phase of the BIWF construction in 2015 with no significant impact to mariners or small entities. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard received no comments from the Small Business Administration on this rulemaking. 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. While some owners or operators of vessels intending to transit these safety zones may be small entities, for the reasons stated in section V.A above this rule would not have a significant economic impact on any vessel owner or operator. 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 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 section. [[Page 31864]] 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. C. Collection of Information This rule will not call for new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive order 13132. Also, this rule does not have tribal implications under Executive order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this 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 determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves safety zones that would prohibit entry within 500 yards of each WTG site of the BIWF while construction vessels and associated equipment are present at that particular WTG. It is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination will be available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. G. 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. 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 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.T0026 to read as follows: Sec. 165.T0026 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]7'32.74'' N. 71[deg]30'27.04'' W. WTG 2......................... 41[deg]7'11.57'' N. 71[deg]30'50.22'' W. WTG 3......................... 41[deg]6'52.96'' N. 71[deg]31'16.18'' W. WTG 4......................... 41[deg]6'36.54'' N. 71[deg]31'44.62'' W. WTG 5......................... 41[deg]6'22.79'' N. 71[deg]32'15.50'' W. ------------------------------------------------------------------------ (b) Enforcement period. From May 15 to October 31, 2016, vessels will be prohibited from entering into these safety zones, when enforced, during construction activity of the 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 BIWF; Rhode Island Sound, RI. These regulations may be enforced for the duration of construction. (2) Vessels must not enter into, transit through, moor, or anchor in these safety zones during periods of enforcement unless authorized by the 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 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 21, 2016. J.T. Kondratowicz, Captain, U.S. Coast Guard, Captain of the Port Southeastern New England. [FR Doc. 2016-11826 Filed 5-19-16; 8:45 am] BILLING CODE 9110-04-P
![31862 Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Rules and Regulations
Sitcum Waterway Security Zone from 6 ACTION: Temporary final rule. 1, 2016. There we stated why we issued
a.m. on May 17, 2016 through 11:59 the NPRM, and invited comments on
p.m. on May 22, 2016, unless cancelled SUMMARY: The Coast Guard is our proposed regulatory action related
sooner by the Captain of the Port. establishing a 500-yard safety zone to BIWF construction. Two comments
around each of five locations where the were received requesting an extension
FOR FURTHER INFORMATION CONTACT: If
Block Island Wind Farm (BIWF) wind of the initial comment period that ended
you have questions about this notice of turbine generator (WTG) towers,
enforcement, call or email CWO Jeffrey on March 17, 2016. On April 4, 2016,
nacelles, blades and subsea cables will we published a Proposed Rule in the
Zappen, Sector Puget Sound Waterways be installed in the navigable waters of
Management Division, U.S. Coast Federal Register, 81 FR 19097, opening
Rhode Island Sound, RI, from May 15 to a second comment period that closed on
Guard; telephone 206–217–6076, email October 31, 2016. These safety zones are
SectorPugetSoundWWM@uscg.mil. April 17, 2016.
intended to safeguard mariners from the We are issuing this rule, and under 5
SUPPLEMENTARY INFORMATION: The Coast hazards associated with construction of U.S.C. 553(d)(3), the Coast Guard finds
Guard will enforce 33 CFR 165.1321 the BIWF. This regulation prohibits that good cause exists for making it
security regulations for the Sitcum vessels from entering into, transiting effective less than 30 days after
Waterway Security Zone described in through, mooring, or anchoring within publication in the Federal Register. The
paragraph (c)(2) of that section from these safety zones while construction original effective date of the safety zones
May 17, 2016, at 6 a.m. through 11:59 vessels and associated equipment are created by this rule was April 1, 2016.
p.m. on May 22, 2016, unless cancelled working on-site (i.e., within 500 yards of The revised date is six weeks later, May
sooner by the Captain of the Port. The a WTG) at one or more of the BIWF 15, 2016. Construction and cable-laying
security zone is necessary to help WTG sites, unless authorized by the vessels are already preparing to work in
provide for the security of Department Captain of the Port (COTP), the vicinity of the BIWF. The safety of
of Defense assets and military cargo Southeastern New England or the life and navigation for construction and
located in those waters during the COTP’s designated representative. support vessels, BIWF workers,
enforcement period. Entry into the DATES: This rule is effective without mariners, and the boating public during
security zone is prohibited unless actual notice from May 20, 2016 through construction activities in the vicinity of
authorized under § 165.1321. Vessels October 31, 2016. For purposes of the BIWF in Rhode Island Sound, RI
wishing to enter the security zone may enforcement, actual notice will be used would be negatively impacted by a
request permission from the Captain of from May 15, 2016 until May 20, 2016. delay in the effective date of this TFR.
the Port Puget Sound or a Designated
ADDRESSES: To view documents III. Legal Authority and Need for Rule
Representative as outlined in
mentioned in this preamble as being
§ 165.1321. The Coast Guard is issuing this rule
available in the docket, go to http://
This notice of enforcement is issued under authority in 33 U.S.C. 1231. The
www.regulations.gov, type USCG–2016–
under authority of 33 CFR 165.1321 and COTP Southeastern New England has
0026 in the ‘‘SEARCH’’ box and click
5 U.S.C. 552(a). In addition to this determined that potential hazards
‘‘SEARCH.’’ Click on Open Docket
document in the Federal Register, the associated with construction of the
Folder on the line associated with this
Coast Guard will provide the maritime BIWF from May 15 to October 31, 2016
rule.
community with notification of this will be a safety concern for anyone
FOR FURTHER INFORMATION CONTACT: If
enforcement period via marine within a 500-yard radius of any of the
information broadcasts and on-scene you have questions about this rule, call
five WTG sites when and where
assets, if any. or email Mr. Edward G. LeBlanc, Chief
construction vessels are present. The
If the COTP determines that the of the Waterways Management Division
purpose of this rule is to ensure safety
Sitcum Waterway Security Zone need at Coast Guard Sector Southeastern New
of vessels and the navigable waters in
not be enforced for the full duration England, telephone 401–435–2351,
the safety zone during this construction
stated in this notice, a Broadcast Notice email Edward.G.LeBlanc@uscg.mil.
period.
to Mariners will be used to grant general SUPPLEMENTARY INFORMATION:
permission to enter the regulated area. IV. Discussion of Comments, Changes,
I. Table of Acronyms and the Rule
Dated: May 16, 2016. BIWF Block Island Wind Farm Twelve comments were received. As
M.W. Raymond, CFR Code of Federal Regulations
COTP Captain of The Port
noted above, the Coast Guard provided
Captain, U.S. Coast Guard, Captain of the two distinct periods for the public to
Port, Puget Sound. DHS Department of Homeland Security
DWW Deepwater Wind submit comments. The first comment
[FR Doc. 2016–11870 Filed 5–19–16; 8:45 am]
FR Federal Register period, announced in our NPRM
BILLING CODE 9110–04–P NPRM Notice of proposed rulemaking published in the Federal Register on
NTM Notice To Mariners February 16, 2016, (81 FR 7718) was
RIDEM Rhode Island Department of from February 16 to March 17, 2016.
DEPARTMENT OF HOMELAND Environmental Management The second comment period,
SECURITY § Section
TFR Temporary Final Rule announced in our Proposed Rule
Coast Guard U.S.C. United States Code published in the Federal Register on
WTG Wind Turbine Generator April 4, 2016, (81 FR 19097) was from
33 CFR Part 165 April 4–17, 2016. We received nine
II. Background Information and comments in the initial comment
mstockstill on DSK5VPTVN1PROD with RULES
[Docket No. USCG–2016–0026] Regulatory History period. Two requested additional time
On February 16, 2016, the Coast to submit comments.
RIN 1625–AA00 Three comments supported the safety
Guard published an NPRM in the
Safety Zone, Block Island Wind Farm; Federal Register titled Safety Zone, zones proposed in the NPRM. One
Rhode Island Sound, RI Block Island Wind Farm; Rhode Island comment suggested that the Coast Guard
Sound, RI, 81 FR 7718, proposing to also prohibit anchoring outside the
AGENCY: Coast Guard, DHS. create BIWF safety zones effective April safety zone areas. Another comment
VerDate Sep<11>2014 22:59 May 19, 2016 Jkt 238001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\20MYR1.SGM 20MYR1](https://thefederalregister.org/doc/81_FR_31960/page/1.svg)
![31864 Federal Register / Vol. 81, No. 98 / Friday, May 20, 2016 / Rules and Regulations
Small businesses may send comments expenditure, we do discuss the effects of § 165.T0026 Safety Zone, Block Island
on the actions of Federal employees this rule elsewhere in this preamble. Wind Farm; Rhode Island Sound, RI
who enforce, or otherwise determine (a) Location. Areas within a 500-yard
compliance with, Federal regulations to F. Environment
radius of the following five positions are
the Small Business and Agriculture We have analyzed this rule under safety zones:
Regulatory Enforcement Ombudsman Department of Homeland Security
and the Regional Small Business Platform Latitude Longitude
Management Directive 023–01 and
Regulatory Fairness Boards. The
Commandant Instruction M16475.lD,
Ombudsman evaluates these actions WTG 1 ......... 41°7′32.74″ N. 71°30′27.04″ W.
annually and rates each agency’s which guide the Coast Guard in WTG 2 ......... 41°7′11.57″ N. 71°30′50.22″ W.
responsiveness to small business. If you complying with the National WTG 3 ......... 41°6’52.96″ N. 71°31′16.18″ W.
wish to comment on actions by Environmental Policy Act of 1969 WTG 4 ......... 41°6′36.54″ N. 71°31′44.62″ W.
(NEPA) (42 U.S.C. 4321–4370f), and WTG 5 ......... 41°6′22.79″ N. 71°32′15.50″ W.
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The have determined that this action is one
Coast Guard will not retaliate against of a category of actions that do not (b) Enforcement period. From May 15
small entities that question or complain individually or cumulatively have a to October 31, 2016, vessels will be
about this rule or any policy or action significant effect on the human prohibited from entering into these
of the Coast Guard. environment. This rule involves safety safety zones, when enforced, during
zones that would prohibit entry within construction activity of the five Block
C. Collection of Information Island Wind Farm (BIWF) wind turbine
500 yards of each WTG site of the BIWF
This rule will not call for new while construction vessels and generators (WTG) located in the
collection of information under the associated equipment are present at that positions listed in 2(a) above.
Paperwork Reduction Act of 1995 (44 particular WTG. It is categorically (c) Definitions. The following
U.S.C. 3501–3520). excluded from further review under definitions apply to this section:
D. Federalism and Indian Tribal paragraph 34(g) of Figure 2–1 of the Designated Representative. A
Governments Commandant Instruction. An ‘‘designated representative’’ is any Coast
A rule has implications for federalism environmental analysis checklist Guard commissioned, warrant or petty
under Executive order 13132, supporting this determination and a officer of the U.S. Coast Guard who has
Federalism, if it has a substantial direct Categorical Exclusion Determination been designated by the Captain of the
effect on the States, on the relationship will be available in the docket where Port, Sector Southeastern New England
between the national government and indicated under ADDRESSES. We seek (COTP), to act on his or her behalf.
the States, or on the distribution of any comments or information that may
power and responsibilities among the lead to the discovery of a significant (d) Regulations. (1) The general
various levels of government. We have environmental impact from this rule. regulations contained in 33 CFR 165.23
analyzed this rule under that Order and as well as the following regulations
have determined that it is consistent G. Protest Activities apply to the safety zones established in
with the fundamental federalism conjunction with the construction of the
The Coast Guard respects the First
principles and preemption requirements BIWF; Rhode Island Sound, RI. These
Amendment rights of protesters.
described in Executive order 13132. regulations may be enforced for the
Protesters are asked to contact the
Also, this rule does not have tribal duration of construction.
person listed in the FOR FURTHER
implications under Executive order (2) Vessels must not enter into, transit
INFORMATION CONTACT section to
13175, Consultation and Coordination through, moor, or anchor in these safety
with Indian Tribal Governments, coordinate protest activities so that your
message can be received without zones during periods of enforcement
because it would not have a substantial unless authorized by the COTP,
direct effect on one or more Indian jeopardizing the safety or security of
people, places, or vessels. Southeastern New England or the
tribes, on the relationship between the
COTP’s designated representative.
Federal Government and Indian tribes, List of Subjects in 33 CFR Part 165 Vessels permitted to transit must
or on the distribution of power and
Harbors, Marine safety, Navigation operate at a no-wake speed, in a manner
responsibilities between the Federal
Government and Indian tribes. If you (water), Reporting and recordkeeping which will not endanger construction
believe this rule has implications for requirements, Security measures, vessels or associated equipment.
federalism or Indian tribes, please Waterways. (3) Failure to comply with a lawful
contact the person listed in the FOR direction from the COTP, Southeastern
FURTHER INFORMATION CONTACT section
For the reasons discussed in the New England or the COTP’s designated
above. preamble, the Coast Guard amends 33 representative may result in expulsion
CFR part 165 as follows: from the area, citation for failure to
E. Unfunded Mandates Reform Act
PART 165—REGULATED NAVIGATION comply, or both.
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires AREAS AND LIMITED ACCESS AREAS Dated: April 21, 2016.
Federal agencies to assess the effects of J.T. Kondratowicz,
their discretionary regulatory actions. In ■ 1. The authority citation for Part 165 Captain, U.S. Coast Guard, Captain of the
mstockstill on DSK5VPTVN1PROD with RULES
particular, the Act addresses actions reads as follows: Port Southeastern New England.
that may result in the expenditure by a Authority: 33 U.S.C. 1231; 50 U.S.C. 191; [FR Doc. 2016–11826 Filed 5–19–16; 8:45 am]
State, local, or tribal government, in the 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; BILLING CODE 9110–04–P
aggregate, or by the private sector of Department of Homeland Security Delegation
$100,000,000 (adjusted for inflation) or No. 0170.1.
more in any one year. Though this rule
would not result in such an ■ 2. Add § 165.T0026 to read as follows:
VerDate Sep<11>2014 22:59 May 19, 2016 Jkt 238001 PO 00000 Frm 00038 Fmt 4700 Sfmt 9990 E:\FR\FM\20MYR1.SGM 20MYR1](https://thefederalregister.org/doc/81_FR_31960/page/3.svg)
Document Created: 2016-05-20 01:59:35
Document Modified: 2016-05-20 01:59:35
| 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 | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule is effective without actual notice from May 20, 2016 through October 31, 2016. For purposes of enforcement, actual notice will be used from May 15, 2016 until May 20, 2016. | |
| Contact | If you have questions about this rule, call or email Mr. Edward G. LeBlanc, Chief of the Waterways Management Division at Coast Guard Sector Southeastern New England, telephone 401- 435-2351, email [email protected] | |
| FR Citation | 81 FR 31862 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR