81_FR_7748 81 FR 7718 - Safety Zone, Block Island Wind Farm; Rhode Island Sound, RI

81 FR 7718 - Safety Zone, Block Island Wind Farm; Rhode Island Sound, RI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 30 (February 16, 2016)

Page Range7718-7720
FR Document2016-03091

The Coast Guard proposes to establish a 500-yard safety zone around each of five locations where the Block Island Wind Farm (BIWF) wind turbine generator (WTG) towers, nacelles, blades and subsea cables will be installed in the navigable waters of the Rhode Island Sound, RI, from April 1 to October 31, 2016. These safety zones are intended to safeguard mariners from the hazards associated with construction of the BIWF. Vessels would be prohibited from entering into, transiting through, mooring, or anchoring within these safety zones while construction vessels and associated equipment are present at any of the BIWF WTG sites, unless authorized by the Captain of the Port (COTP), Southeastern New England or the COTP's designated representative. We invited your comments on this proposed rulemaking.

Federal Register, Volume 81 Issue 30 (Tuesday, February 16, 2016)
[Federal Register Volume 81, Number 30 (Tuesday, February 16, 2016)]
[Proposed Rules]
[Pages 7718-7720]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03091]


=======================================================================
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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: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a 500-yard safety zone 
around each of five locations where the Block Island Wind Farm (BIWF) 
wind turbine generator (WTG) towers, nacelles, blades and subsea cables 
will be installed in the navigable waters of the Rhode Island Sound, 
RI, from April 1 to October 31, 2016. These safety zones are intended 
to safeguard mariners from the hazards associated with construction of 
the BIWF. Vessels would be prohibited from entering into, transiting 
through, mooring, or anchoring within these safety zones while 
construction vessels and associated equipment are present at any of the 
BIWF WTG sites, unless authorized by the Captain of the Port (COTP), 
Southeastern New England or the COTP's designated representative. We 
invited your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 17, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0026 using the Federal e-Rulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, contact 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
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
NTM Notice To Mariners
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
WTG Wind Turbine Generator

II. Background, Purpose, and Legal Basis

    On January 6, 2016, the Coast Guard was notified by Deepwater Wind 
Inc, developer of the Block Island Wind Farm, that the second phase of 
construction activities are planned from April 1 to October 31, 2016, 
to install turbines, nacelles, blades, and subsea cables at each of the 
five WTG sites. The Coast Guard published a safety zone regulation, 
similar to this proposed rule, which applied to the first phase 
(installation of foundations) of construction of the BIWF in 2015. The 
Coast Guard is now proposing a similar rule for the second phase of 
BIWF construction.
    This rule is necessary to provide for 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.
    The legal basis for the proposed rule is 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, which collectively authorize the Coast 
Guard to establish safety zones.

[[Page 7719]]

III. Discussion of Proposed Rule

    The Coast Guard proposes to establish 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 1 April to 31 October 2016. Locations of these 
platforms are:

------------------------------------------------------------------------
           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.
------------------------------------------------------------------------

    These safety zones are intended to safeguard mariners from the 
hazards associated with construction of the BIWF, and are 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 while construction 
vessels and associated equipment are present unless authorized by the 
COTP, Southeastern New England or the COTP's designated representative.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and E.O.s related to rulemaking. Below we summarize our analyses based 
on a number of these statutes and E.O.s, and we discuss First Amendment 
rights of protestors.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This NPRM has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, the NPRM has not 
been reviewed by the Office of Management and Budget.
    This regulatory action determination is based on a number of 
factors. The safety zones are only 500 yards in diameter, centered on 
each of five WTG locations, and enforced only when construction vessels 
are on scene or when 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. The Coast Guard 
will publicize these safety zones well in advance via the Local Notice 
to Mariners, and 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 certifies under 5 U.S.C. 605(b) that this 
proposed rule will not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit 
these safety zones may be small entities, for the reasons stated in 
section IV.A above this proposed rule would not have a significant 
economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for 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 E.O. 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this proposed rule does not have tribal implications under 
E.O. 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please 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 proposed 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 proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This proposed rule 
involves 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 any of the BIWF WTG sites and maybe

[[Page 7720]]

categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of Commandant Instruction M16475.lD. A preliminary 
environmental analysis checklist is 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 
proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this notice, and all public comments, are in 
our online docket at http://www.regulations.gov and can be viewed by 
following that Web site's instructions. Additionally, if you go to the 
online docket and sign up for email alerts, you will be notified when 
comments are posted or a final rule is published.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for Part 165 reads as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.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 April 1 to October 31, 2016, vessels 
will be prohibited from entering into any of these safety zones, when 
enforced, during construction activity of five Block Island Wind Farm 
(BIWF) wind turbine generators (WTG) located in the positions listed in 
2(a) above.
    (c) Definitions. The following definitions apply to this section:
    (1) 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: January 22, 2016.
J.T. Kondratowicz,
Captain, U.S. Coast Guard, Captain of the Port Southeastern New 
England.
[FR Doc. 2016-03091 Filed 2-12-16; 8:45 am]
BILLING CODE 9110-04-P



                                                    7718                  Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Proposed Rules

                                                    comment period ended on November 5,                     persons submit a notice of intent to                  DATES:  Comments and related material
                                                    2015. The December 30, 2015 Federal                     appear and all documentary evidence by                must be received by the Coast Guard on
                                                    Register notice of informal public                      January, 29, 2016.                                    or before March 17, 2016.
                                                    hearing describes the procedures that                     The original hearing date of February               ADDRESSES: You may submit comments
                                                    will govern this hearing http://                        29, 2016 has been rescheduled to March                identified by docket number USCG–
                                                    www.regulations.gov/                                    21, 2016 at 2:00pm. If necessary, the                 2016–0026 using the Federal e-
                                                    #!documentDetail;D=OSHA-H005C-                          hearing will continue from 9:30 a.m. to               Rulemaking Portal at http://
                                                    2006-0870-1706. All other information                   5:00 p.m., local time, on subsequent                  www.regulations.gov. See the ‘‘Public
                                                    from this Federal Register notice                       days, in Washington, DC.                              Participation and Request for
                                                    remains the same.                                                                                             Comments’’ portion of the
                                                                                                            Authority and Signature
                                                    DATES: Informal public hearing. The                                                                           SUPPLEMENTARY INFORMATION section for
                                                    hearing will begin on March 21, 2016 at                   This document was prepared under                    further instructions on submitting
                                                    2 p.m., local time. If necessary, the                   the direction of David Michaels, Ph.D.,               comments.
                                                    hearing will continue from 9:30 a.m. to                 MPH, Assistant Secretary of Labor for
                                                                                                            Occupational Safety and Health, U.S.                  FOR FURTHER INFORMATION CONTACT:   If
                                                    5 p.m., local time, on subsequent days,
                                                                                                            Department of Labor, 200 Constitution                 you have questions about this proposed
                                                    in Washington, DC. The original public
                                                                                                            Avenue NW, Washington, DC 20210,                      rulemaking, contact Mr. Edward G.
                                                    hearing start date of February 29, 2016
                                                                                                            pursuant to section 6(b) of the                       LeBlanc, Chief of the Waterways
                                                    is withdrawn.
                                                                                                            Occupational Safety and Health Act of                 Management Division at Coast Guard
                                                    ADDRESSES: Informal public hearing.
                                                                                                            1970 (29 U.S.C. 655(b)), Secretary of                 Sector Southeastern New England,
                                                    The Washington, DC hearing will be                                                                            telephone 401–435–2351, email
                                                    held in the Cesar Chavez Auditorium at                  Labor’s Order 1–2012 (77 FR 3912), and
                                                                                                            29 CFR part 1911.                                     Edward.G.LeBlanc@uscg.mil.
                                                    the Frances Perkins Building, U.S.
                                                                                                                                                                  SUPPLEMENTARY INFORMATION:
                                                    Department of Labor, 200 Constitution                     Signed at Washington, DC, on February 5,
                                                    Avenue NW, Washington, DC 20210.                        2016.                                                 I. Table of Acronyms
                                                    FOR FURTHER INFORMATION CONTACT:                        David Michaels,
                                                                                                                                                                  BIWF Block Island Wind Farm
                                                    Press inquiries: Kimberly Darby, Office                 Assistant Secretary of Labor for Occupational         CFR Code of Federal Regulations
                                                    of Communications, Room N–3647, U.S.                    Safety and Health.                                    COTP Captain of The Port
                                                    Department of Labor, 200 Constitution                   [FR Doc. 2016–02782 Filed 2–12–16; 8:45 am]           DHS Department of Homeland Security
                                                    Avenue NW., Washington, DC 20210;                       BILLING CODE 4510–26–P                                E.O. Executive order
                                                    telephone 202–693–1892.                                                                                       FR Federal Register
                                                       Technical information: Maureen                                                                             NPRM Notice of proposed rulemaking
                                                    Ruskin, OSHA, Office of Chemical                                                                              NTM Notice To Mariners
                                                                                                            DEPARTMENT OF HOMELAND                                Pub. L. Public Law
                                                    Hazards-Metals, Room N–3718, U.S.                       SECURITY
                                                    Department of Labor, 200 Constitution                                                                         § Section
                                                                                                                                                                  U.S.C. United States Code
                                                    Avenue NW., Washington DC 20210;                        Coast Guard                                           WTG Wind Turbine Generator
                                                    telephone (202) 693–1955.
                                                       Hearing inquiries: Gretta Jameson,                   33 CFR Part 165                                       II. Background, Purpose, and Legal
                                                    OSHA, Office of Communications,                                                                               Basis
                                                    Room N–3647; 200 Constitution Avenue                    [Docket No. USCG–2016–0026]
                                                                                                                                                                     On January 6, 2016, the Coast Guard
                                                    NW., Washington, DC 20210; telephone                    RIN 1625–AA00                                         was notified by Deepwater Wind Inc,
                                                    202–693–2176, email Jameson.Gretta@                                                                           developer of the Block Island Wind
                                                    dol.gov.                                                Safety Zone, Block Island Wind Farm;                  Farm, that the second phase of
                                                    SUPPLEMENTARY INFORMATION: On August
                                                                                                            Rhode Island Sound, RI                                construction activities are planned from
                                                    7, 2015, OSHA published a proposed                      AGENCY:   Coast Guard, DHS.                           April 1 to October 31, 2016, to install
                                                    rule to amend its existing exposure                     ACTION:   Notice of proposed rulemaking.              turbines, nacelles, blades, and subsea
                                                    limits for occupational exposure in                                                                           cables at each of the five WTG sites. The
                                                    general industry to beryllium and                       SUMMARY:   The Coast Guard proposes to                Coast Guard published a safety zone
                                                    beryllium compounds (80 FR 47565).                      establish a 500-yard safety zone around               regulation, similar to this proposed rule,
                                                    The proposed rule would promulgate a                    each of five locations where the Block                which applied to the first phase
                                                    substance-specific standard for general                 Island Wind Farm (BIWF) wind turbine                  (installation of foundations) of
                                                    industry, regulating occupational                       generator (WTG) towers, nacelles,                     construction of the BIWF in 2015. The
                                                    exposure to beryllium and beryllium                     blades and subsea cables will be                      Coast Guard is now proposing a similar
                                                    compounds. OSHA accepted comments                       installed in the navigable waters of the              rule for the second phase of BIWF
                                                    concerning the proposed rule during the                 Rhode Island Sound, RI, from April 1 to               construction.
                                                    comment period, which ended on                          October 31, 2016. These safety zones are                 This rule is necessary to provide for
                                                    November 5, 2015. Commenters shared                     intended to safeguard mariners from the               the safety of life and navigation, for
                                                    information and suggestions on a variety                hazards associated with construction of               construction and support vessels, BIWF
                                                    of topics, and the Non-Ferrous                          the BIWF. Vessels would be prohibited                 workers, mariners, and the boating
                                                    Founders’ Society also requested that                   from entering into, transiting through,               public during construction activities in
                                                    OSHA schedule an informal public                        mooring, or anchoring within these                    the vicinity of the BIWF in Rhode Island
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                    hearing on the proposed rule.                           safety zones while construction vessels               Sound, RI.
                                                       On December 30, 2015, OSHA                           and associated equipment are present at                  The legal basis for the proposed rule
                                                    published a notice of informal hearing                  any of the BIWF WTG sites, unless                     is 33 U.S.C., 1231; 50 U.S.C. 191; 33
                                                    and invited interested persons in the                   authorized by the Captain of the Port                 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5
                                                    rulemaking to participate by providing                  (COTP), Southeastern New England or                   Department of Homeland Security
                                                    oral testimony and documentary                          the COTP’s designated representative.                 Delegation No. 0170.1, which
                                                    evidence at the informal hearing. The                   We invited your comments on this                      collectively authorize the Coast Guard
                                                    Agency requested those interested                       proposed rulemaking.                                  to establish safety zones.


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                                                                           Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Proposed Rules                                            7719

                                                    III. Discussion of Proposed Rule                         present at only one or two sites at any               D. Federalism and Indian Tribal
                                                       The Coast Guard proposes to establish                 given time. The Coast Guard will                      Governments
                                                    a 500-yard safety zone around each of                    publicize these safety zones well in                     A rule has implications for federalism
                                                    five locations where the BIWF WTG                        advance via the Local Notice to                       under E.O. 13132, Federalism, if it has
                                                    towers, nacelles, blades, and subsea                     Mariners, and Deepwater Wind will                     a substantial direct effect on the States,
                                                    cables will be installed in the navigable                update its Web site daily to keep                     on the relationship between the national
                                                    waters of the Rhode Island Sound, RI,                    mariners informed of what safety zones,               government and the States, or on the
                                                    from 1 April to 31 October 2016.                         if any, may be enforced. Lastly, safety               distribution of power and
                                                    Locations of these platforms are:                        zones of the same size and duration                   responsibilities among the various
                                                                                                             were implemented for the first phase of               levels of government. We have analyzed
                                                     Platform          Latitude            Longitude         the BIWF construction in 2015 with no                 this proposed rule under that Order and
                                                                                                             significant impact to mariners or small               have determined that it is consistent
                                                    WTG   1   ...   41°7′32.74″   N.   71°30′27.04″     W.   entities.                                             with the fundamental federalism
                                                    WTG   2   ...   41°7′11.57″   N.   71°30′50.22″     W.
                                                    WTG   3   ...   41°6′52.96″   N.   71°31′16.18″     W.   B. Impact on Small Entities                           principles and preemption requirements
                                                    WTG   4   ...   41°6′36.54″   N.   71°31′44.62″     W.                                                         described in E.O. 13132.
                                                                                                                The Regulatory Flexibility Act of                     Also, this proposed rule does not have
                                                    WTG   5   ...   41°6′22.79″   N.   71°32′15.50″     W.
                                                                                                             1980, 5 U.S.C. 601–612, as amended,                   tribal implications under E.O. 13175,
                                                                                                             requires Federal agencies to consider                 Consultation and Coordination with
                                                       These safety zones are intended to
                                                                                                             the potential impact of regulations on                Indian Tribal Governments, because it
                                                    safeguard mariners from the hazards
                                                                                                             small entities during rulemaking. The                 would not have a substantial direct
                                                    associated with construction of the
                                                                                                             term ‘‘small entities’’ comprises small               effect on one or more Indian tribes, on
                                                    BIWF, and are of similar dimensions
                                                                                                             businesses, not-for-profit organizations              the relationship between the Federal
                                                    and duration as safety zones established
                                                                                                             that are independently owned and                      Government and Indian tribes, or on the
                                                    in 2015 for the same purpose, during the
                                                                                                             operated and are not dominant in their                distribution of power and
                                                    first phase of construction of the BIWF.
                                                                                                             fields, and governmental jurisdictions                responsibilities between the Federal
                                                    Vessels will be prohibited from entering
                                                                                                             with populations of less than 50,000.                 Government and Indian tribes. If you
                                                    into, transiting through, mooring, or
                                                                                                             The Coast Guard certifies under 5 U.S.C.              believe this proposed rule has
                                                    anchoring within these safety zones
                                                                                                             605(b) that this proposed rule will not               implications for federalism or Indian
                                                    while construction vessels and
                                                                                                             have a significant economic impact on                 tribes, please contact the person listed
                                                    associated equipment are present unless
                                                                                                             a substantial number of small entities.               in the FOR FURTHER INFORMATION
                                                    authorized by the COTP, Southeastern
                                                    New England or the COTP’s designated                        While some owners or operators of                  CONTACT section above.
                                                    representative.                                          vessels intending to transit these safety
                                                                                                             zones may be small entities, for the                  E. Unfunded Mandates Reform Act
                                                    IV. Regulatory Analyses                                  reasons stated in section IV.A above this                The Unfunded Mandates Reform Act
                                                      We developed this proposed rule after                  proposed rule would not have a                        of 1995 (2 U.S.C. 1531–1538) requires
                                                    considering numerous statutes and                        significant economic impact on any                    Federal agencies to assess the effects of
                                                    E.O.s related to rulemaking. Below we                    vessel owner or operator.                             their discretionary regulatory actions. In
                                                    summarize our analyses based on a                           If you think that your business,                   particular, the Act addresses actions
                                                    number of these statutes and E.O.s, and                  organization, or governmental                         that may result in the expenditure by a
                                                    we discuss First Amendment rights of                     jurisdiction qualifies as a small entity              State, local, or tribal government, in the
                                                    protestors.                                              and that this rule would have a                       aggregate, or by the private sector of
                                                                                                             significant economic impact on it,                    $100,000,000 (adjusted for inflation) or
                                                    A. Regulatory Planning and Review                        please submit a comment (see                          more in any one year. Though this
                                                       E.O.s 12866 and 13563 direct agencies                 ADDRESSES) explaining why you think it                proposed rule would not result in such
                                                    to assess the costs and benefits of                      qualifies and how and to what degree                  an expenditure, we do discuss the
                                                    available regulatory alternatives and, if                this rule would economically affect it.               effects of this rule elsewhere in this
                                                    regulation is necessary, to select                          Under section 213(a) of the Small                  preamble.
                                                    regulatory approaches that maximize                      Business Regulatory Enforcement
                                                    net benefits. E.O. 13563 emphasizes the                  Fairness Act of 1996 (Pub. L. 104–121),               F. Environment
                                                    importance of quantifying both costs                     we want to assist small entities in                     We have analyzed this proposed rule
                                                    and benefits, of reducing costs, of                      understanding this proposed rule. If the              under Department of Homeland
                                                    harmonizing rules, and of promoting                      rule would affect your small business,                Security Management Directive 023–01
                                                    flexibility. This NPRM has not been                      organization, or governmental                         and Commandant Instruction
                                                    designated a ‘‘significant regulatory                    jurisdiction and you have questions                   M16475.lD, which guide the Coast
                                                    action,’’ under E.O. 12866. Accordingly,                 concerning its provisions or options for              Guard in complying with the National
                                                    the NPRM has not been reviewed by the                    compliance, please contact the person                 Environmental Policy Act of 1969
                                                    Office of Management and Budget.                         listed in the FOR FURTHER INFORMATION                 (NEPA) (42 U.S.C. 4321–4370f), and
                                                       This regulatory action determination                  CONTACT section. The Coast Guard will                 have made a preliminary determination
                                                    is based on a number of factors. The                     not retaliate against small entities that             that this action is one of a category of
                                                    safety zones are only 500 yards in                       question or complain about this                       actions that do not individually or
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                                                    diameter, centered on each of five WTG                   proposed rule or any policy or action of              cumulatively have a significant effect on
                                                    locations, and enforced only when                        the Coast Guard.                                      the human environment. This proposed
                                                    construction vessels are on scene or                                                                           rule involves safety zones that would
                                                    when construction activities are taking                  C. Collection of Information
                                                                                                                                                                   prohibit entry within 500 yards of each
                                                    place. Also, construction of the five                      This proposed rule would not call for               WTG site of the BIWF while
                                                    WTG sites is sequential, not concurrent,                 new collection of information under the               construction vessels and associated
                                                    so that construction vessels and                         Paperwork Reduction Act of 1995 (44                   equipment are present at any of the
                                                    activities (and hence, safety zones) are                 U.S.C. 3501–3520).                                    BIWF WTG sites and maybe


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                                                    7720                  Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Proposed Rules

                                                    categorically excluded from further                     List of Subjects in 33 CFR Part 165                            (3) Failure to comply with a lawful
                                                    review under paragraph 34(g) of Figure                    Harbors, Marine safety, Navigation                        direction from the COTP, Southeastern
                                                    2–1 of Commandant Instruction                           (water), Reporting and recordkeeping                        New England or the COTP’s designated
                                                    M16475.lD. A preliminary                                requirements, Security measures,                            representative may result in expulsion
                                                    environmental analysis checklist is                     Waterways.                                                  from the area, citation for failure to
                                                    available in the docket where indicated                                                                             comply, or both.
                                                    under ADDRESSES. We seek any                              For the reasons discussed in the
                                                    comments or information that may lead                   preamble, the Coast Guard proposes to                         Dated: January 22, 2016.
                                                    to the discovery of a significant                       amend 33 CFR part 165 as follows:                           J.T. Kondratowicz,
                                                    environmental impact from this                          PART 165—REGULATED NAVIGATION
                                                                                                                                                                        Captain, U.S. Coast Guard, Captain of the
                                                    proposed rule.                                                                                                      Port Southeastern New England.
                                                                                                            AREAS AND LIMITED ACCESS AREAS
                                                                                                                                                                        [FR Doc. 2016–03091 Filed 2–12–16; 8:45 am]
                                                    G. Protest Activities
                                                                                                            ■ 1. The authority citation for Part 165                    BILLING CODE 9110–04–P
                                                      The Coast Guard respects the First                    reads as follows:
                                                    Amendment rights of protesters.                           Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                    Protesters are asked to contact the                     33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                    person listed in the FOR FURTHER                        Department of Homeland Security Delegation                  POSTAL REGULATORY COMMISSION
                                                    INFORMATION CONTACT section to                          No. 0170.1.
                                                    coordinate protest activities so that your                                                                          39 CFR Part 3001
                                                                                                            ■   2. Add § 165.T0026 to read as follows:
                                                    message can be received without
                                                    jeopardizing the safety or security of                  § 165.T0026 Safety Zone, Block Island                       [Docket No. RM2016–6; Order No. 3048]
                                                    people, places, or vessels.                             Wind Farm; Rhode Island Sound, RI.
                                                                                                              (a) Location. Areas within a 500-yard                     Procedures Related to Motions;
                                                    V. Public Participation and Request for
                                                                                                            radius of the following five positions are                  Correction
                                                    Comments
                                                                                                            safety zones:
                                                       We view public participation as                                                                                  AGENCY:   Postal Regulatory Commission.
                                                    essential to effective rulemaking, and                   Platform           Latitude               Longitude
                                                                                                                                                                        ACTION:   Proposed rule; correction.
                                                    will consider all comments and material                 WTG    1   ...   41°7′32.74″   N.   71°30′27.04″       W.
                                                    received during the comment period.                     WTG    2   ...   41°7′11.57″   N.   71°30′50.22″       W.   SUMMARY: This document corrects          the
                                                    Your comment can help shape the                         WTG    3   ...   41°6′52.96″   N.   71°31′16.18″       W.   DATES section to a proposed rule
                                                    outcome of this rulemaking. If you                      WTG    4   ...   41°6′36.54″   N.   71°31′44.62″       W.   published in the Federal Register of
                                                    submit a comment, please include the                    WTG    5   ...   41°6′22.79″   N.   71°32′15.50″       W.
                                                                                                                                                                        February 1, 2016. The Commission did
                                                    docket number for this rulemaking,
                                                                                                               (b) Enforcement period. From April 1                     not intend to permit interested persons
                                                    indicate the specific section of this
                                                    document to which each comment                          to October 31, 2016, vessels will be                        to file reply comments. The Commission
                                                    applies, and provide a reason for each                  prohibited from entering into any of                        is seeking initial comments only.
                                                    suggestion or recommendation.                           these safety zones, when enforced,                          DATES:  Comments are due: March 2,
                                                       We encourage you to submit                           during construction activity of five                        2016. There will be no reply comment
                                                    comments through the Federal                            Block Island Wind Farm (BIWF) wind                          period.
                                                    eRulemaking Portal at http://                           turbine generators (WTG) located in the
                                                                                                            positions listed in 2(a) above.                             FOR FURTHER INFORMATION CONTACT:
                                                    www.regulations.gov. If your material
                                                                                                               (c) Definitions. The following                           David A. Trissell, General Counsel, at
                                                    cannot be submitted using http://
                                                                                                            definitions apply to this section:                          202–789–6820.
                                                    www.regulations.gov, contact the person
                                                    in the FOR FURTHER INFORMATION                             (1) Designated representative. A
                                                                                                                                                                        Correction
                                                    CONTACT section of this document for
                                                                                                            ‘‘designated representative’’ is any Coast
                                                    alternate instructions.                                 Guard commissioned, warrant or petty                          In proposed rule FR Doc. 2016–01735,
                                                                                                            officer of the U.S. Coast Guard who has                     beginning on page 5085 in the issue of
                                                       We accept anonymous comments. All                    been designated by the Captain of the
                                                    comments received will be posted                                                                                    February 1, 2016, make the following
                                                                                                            Port, Sector Southeastern New England                       correction to the Dates section. On page
                                                    without change to http://                               (COTP), to act on his or her behalf.
                                                    www.regulations.gov and will include                                                                                5085 in the first column, revise the
                                                                                                               (d) Regulations. (1) The general
                                                    any personal information you have                                                                                   DATES to read as follows:
                                                                                                            regulations contained in 33 CFR 165.23
                                                    provided. For more about privacy and                    as well as the following regulations                        DATES:  Comments are due: March 2,
                                                    the docket, you may review a Privacy                    apply to the safety zones established in                    2016. There will be no reply comment
                                                    Act notice regarding the Federal Docket                 conjunction with the construction of the                    period.
                                                    Management System in the March 24,                      BIWF; Rhode Island Sound, RI. These
                                                    2005, issue of the Federal Register (70                                                                               By the Commission.
                                                                                                            regulations may be enforced for the
                                                    FR 15086).                                              duration of construction.                                   Stacy L. Ruble,
                                                       Documents mentioned in this notice,                     (2) Vessels must not enter into, transit                 Secretary.
                                                    and all public comments, are in our                     through, moor, or anchor in these safety                    [FR Doc. 2016–02950 Filed 2–12–16; 8:45 am]
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                                                    online docket at http://                                zones during periods of enforcement                         BILLING CODE 7710–FW–P
                                                    www.regulations.gov and can be viewed                   unless authorized by the COTP,
                                                    by following that Web site’s                            Southeastern New England or the
                                                    instructions. Additionally, if you go to                COTP’s designated representative.
                                                    the online docket and sign up for email                 Vessels permitted to transit must
                                                    alerts, you will be notified when                       operate at a no-wake speed, in a manner
                                                    comments are posted or a final rule is                  which will not endanger construction
                                                    published.                                              vessels or associated equipment.


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Document Created: 2016-02-13 03:13:45
Document Modified: 2016-02-13 03:13:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before March 17, 2016.
ContactIf you have questions about this proposed rulemaking, contact 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 Citation81 FR 7718 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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