Safety Zone, Block Island Wind Farm; Rhode Island Sound, RI, 22144-22147 [2015-09036]
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Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Proposed Rules
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
8. Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
10. Protection of Children From
Environmental Health Risks
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
11. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
12. Energy Effects
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
tkelley on DSK3SPTVN1PROD with PROPOSALS
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this 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
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(NEPA) (42 U.S.C. 4321–4370f), and
have concluded 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 a
special local regulation issued in
conjunction with a regatta or marine
parade. This rule is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Charleston or a designated
representative.
(2) Persons and vessels desiring to
enter or transit through the regulated
areas may contact the Captain of the
Port Charleston by telephone at (843)
740–7050, or a designated
representative via VHF radio on channel
16, to request authorization. If
authorization to enter or transit through
the regulated areas is granted by the
Captain of the Port Charleston or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Charleston or a
designated representative.
(3) The Coast Guard will provide
notice of the regulated areas by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Effective Date. This rule is
effective on Saturday, May 30, 2015,
and will be enforced from 7:30 a.m.
until 9:45 a.m.
Dated: April 9, 2015.
B.D. Falk,
Commander, U.S. Coast Guard, Captain of
the Port Charleston.
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.
[FR Doc. 2015–09048 Filed 4–20–15; 8:45 am]
■
2. Add a temporary § 165.T07–0181 to
read as follows:
DEPARTMENT OF HOMELAND
SECURITY
§ 165.T07–0181 Safety Zone; Low Country
Splash, Charleston, SC.
Coast Guard
(a) Regulated Areas. The following
regulated area is a moving safety zone:
all waters 50 yards in front of the lead
safety vessel preceding the first race
participants, 50 yards behind the safety
vessel trailing the last race participants,
and at all times extend 100 yards on
either side of the race participants and
safety vessels. The Low Country Splash
swimming race consists of a 5 mile
course that starts at Daniel Island Pier
on the Wando River, crosses the main
shipping channel of Wando River at
Hobcaw Point, and finishes at the
Charleston Harbor Resort Marina.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Charleston in the
enforcement of the regulated areas.
(c) Regulations.
(1) All persons and vessels are
prohibited from entering or transiting
through the regulated areas unless
authorized by the Captain of the Port
33 CFR Part 165
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BILLING CODE 9110–04–P
[Docket No. USCG–2015–0227]
RIN 1625–AA00
Safety Zone, Block Island Wind Farm;
Rhode Island Sound, RI
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a 500-yard safety zone around
each of five locations where the Block
Island Wind Farm (BIWF) wind turbine
generator (WTG) foundations will be
constructed in the navigable waters of
the Rhode Island Sound, RI, from July
1 to September 30, 2015. These safety
zones are intended to safeguard
mariners from the hazards associated
with construction of the BIWF WTG
foundations. Vessels will be prohibited
from entering into, transiting through,
mooring, or anchoring within these
safety zones while construction vessels
and associated equipment are present,
unless authorized by the Captain of the
Port (COTP), Southeastern New England
or the COTP’s designated representative.
SUMMARY:
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Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Proposed Rules
Comments and related material
must be received by the Coast Guard on
or before May 21, 2015. Requests for
public meetings must be received by the
Coast Guard on or before May 12, 2015.
ADDRESSES: You may submit comments
identified by docket number USCG–
2015–0227 using any one of the
following methods:
(1) Federal e-Rulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, contact Mr. Edward G. LeBlanc,
Waterways Management Division at
Coast Guard Sector Southeastern New
England, telephone 401–435–2351,
email Edward.G.LeBlanc@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Cheryl Collins, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
DATES:
Table of Acronyms
BIWF Block Island Wind Farm
FR Federal Register
NTM Notice To Mariners
WTG Wind Turbine Generator
tkelley on DSK3SPTVN1PROD with PROPOSALS
A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2015–0227),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
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material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an email address,
or a telephone number in the body of
your document so that we can contact
you if we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number [USCG–2015–0227] in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number (USCG–2015–0227) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
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22145
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one, using one of the methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
B. Regulatory History and Information
The Coast Guard has not promulgated
a rule regarding construction of the
BIWF WTG foundations.
C. Basis and Purpose
The legal basis for the proposed rule
is 33 U.S.C., 1231; 46 U.S.C. Chapter
701, 3306, 3703; 50 U.S.C. 191, 195;
Public Law 107–295, 116 Stat. 2064; and
Department of Homeland Security
Delegation No. 0170.1, which
collectively authorize the Coast Guard
to establish safety zones.
This rule is necessary to provide for
the safety of life and navigation, for both
workers and the boating public, within
the vicinity of the BIWF in Rhode Island
Sound, RI.
D. Discussion of Proposed Rule
The Coast Guard proposes to establish
a 500-yard safety zone around each of
five locations where the BIWF WTG
foundations will be constructed in the
navigable waters of the Rhode Island
Sound, RI, from 1 July to 30 September
2015. Locations of these platforms are:
Platform
Latitude
WTG 1 .......
41° 7.544′ N ..
WTG 2 .......
41° 7.196′ N ..
WTG 3 .......
41° 6.886′ N ..
WTG 4 .......
41° 6.612′ N ..
WTG 5 .......
41° 6.383′ N ..
Longitude
71° 30.454′
W.
71° 30.837′
W.
71° 31.268′
W.
71° 31.747′
W.
71° 32.259′
W.
These safety zones are intended to
safeguard mariners from the hazards
associated with construction of the
BIWF WTG foundations. Vessels will be
prohibited from entering into, transiting
through, mooring, or anchoring within
these safety zones while construction
vessels and associated equipment are
present unless authorized by the COTP,
Southeastern New England or the
COTP’s designated representative.
E. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
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Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Proposed Rules
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
tkelley on DSK3SPTVN1PROD with PROPOSALS
1. Executive Order 12866 and Executive
Order 13563
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
We expect the adverse economic
impact of this proposed rule to be
minimal. Although this regulation may
have some adverse impact on the
public, the potential impact will be
minimized for the following reasons:
Although these safety zones will be in
effect from 1 July 2015 to 30 September
2015, vessels will only be restricted
from the zones during periods of actual
construction activity; the BIWF is
located approximately three miles
offshore of Block Island and the safety
zone are only 500-yards in radius
centered on the five BIWF WTG
foundation locations, allowing plenty of
room for vessels to pass without having
to divert a long distance around the
construction areas.
Notification of BIWF construction
activity and the effective enforcement
periods of the associated safety zones
will be made to mariners through the
Rhode Island Port Safety Forum, and
local and broadcast NTMs.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule will not
have a significant economic impact on
a substantial number of small entities.
This proposed rule would affect the
following entities, some of which might
be small entities: owners or operators of
vessels intending to enter, transit, moor,
or anchor within 500 yards of the five
BIWF WTG foundation construction
locations.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed rule would have
a significant economic impact on it,
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please submit a comment (see
explaining why you think it
qualifies and how and to what degree
this rulemaking would economically
affect it.
ADDRESSES)
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rulemaking would affect your
small business, organization, or
governmental jurisdiction and you have
questions concerning its provisions or
options for compliance, please contact
the person listed under FOR FURTHER
INFORMATION CONTACT. The Coast Guard
will not retaliate against small entities
that question or complain about this
proposed rule or any policy or action of
the Coast Guard.
4. Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
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8. Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b) (2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
10. Protection of Children From
Environmental Health Risks
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rulemaking is not an
economically significant rule and would
not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
12. Energy Effects
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action appears to be one of a
category of actions which do not
individually or cumulatively have a
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Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Proposed Rules
significant effect on the human
environment.
A preliminary environmental analysis
checklist supporting this determination
is available in the docket where
indicated under ADDRESSES. These
safety zones are intended to safeguard
mariners from the hazards associated
with wind farm construction activity.
Vessels will be prohibited from entering
into, transiting through, mooring, or
anchoring within these safety zones
while construction vessels and
associated equipment are present unless
authorized by the Captain of the Port
(COTP), Southeastern New England or
the COTP’s designated representative. It
appears that this action will qualify for
Coast Guard Categorical Exclusion
(34)(g), as described in figure 2–1 of the
Commandant Instruction.
We seek any comments or information
that may lead to the discovery of a
significant environmental impact from
this proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.
■
Block Island Wind Farm (BIWF) wind
turbine generators (WTG) located in the
positions listed in 2(a) above.
(c) Definitions. The following
definitions apply to this section:
Designated representative. A
‘‘designated representative’’ is any Coast
Guard commissioned, warrant or petty
officer of the U.S. Coast Guard who has
been designated by the Captain of the
Port, Sector Southeastern New England
(COTP), to act on his or her behalf.
(d) Regulations. (1) The general
regulations contained in 33 CFR 165.23
as well as the following regulations
apply to the safety zones established in
conjunction with the construction of the
Block Island Wind Farm; Rhode Island
Sound, RI. These regulations may be
enforced for the duration of
construction.
(2) Vessels may not enter into, transit
through, moor, or anchor in these safety
zones during periods of enforcement
unless authorized by the Captain of the
Port (COTP), Southeastern New England
or the COTP’s designated representative.
Vessels permitted to transit must
operate at a no-wake speed, in a manner
which will not endanger construction
vessels or associated equipment.
(3) Failure to comply with a lawful
direction from the Captain of the Port
(COTP), Southeastern New England or
the COTP’s designated representative
may result in expulsion from the area,
citation for failure to comply, or both.
Dated: April 1, 2015.
J.T. Kondratowicz,
Captain, U.S. Coast Guard, Captain of the
Port Southeastern New England.
[FR Doc. 2015–09036 Filed 4–20–15; 8:45 am]
BILLING CODE 9110–04–P
2. Add § 165.T0227 to read as follows:
§ 165.T0227 Safety Zone, Block Island
Wind Farm; Rhode Island Sound, RI.
(a) Location. Areas within a 500-yard
radius of the following five positions are
safety zones:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
Latitude
WTG 1 .........
41° 7.544′ N.
WTG 2 .........
41° 7.196′ N.
WTG 3 .........
41° 6.886′ N.
WTG 4 .........
tkelley on DSK3SPTVN1PROD with PROPOSALS
Platform
41° 6.612′ N.
WTG 5 .........
41° 6.383′ N.
Longitude
71° 30.454′
W.
71° 30.837′
W.
71° 31.268′
W.
71° 31.747′
W.
71° 32.259′
W.
(b) Enforcement Period. From 1 July
to 30 September 2015, vessels will be
prohibited from entering into any of
these safety zones, when enforced,
during construction activity of five
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[EPA–R04–OAR–2015–0209; FRL–9926–46–
Region 4]
Approval and Promulgation of
Implementation Plans; North Carolina;
Charlotte; Base Year Emissions
Inventory and Emissions Statement
Requirements for the 2008 8-Hour
Ozone Standard
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan revision
submitted by the State of North
Carolina, through North Carolina
SUMMARY:
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22147
Department of Environment and Natural
Resources, on July 7, 2014, to address
the base year emissions inventory and
emissions statement requirements for
the 2008 8-hour ozone national ambient
air quality standards (NAAQS) for the
State’s portion of the Charlotte GastoniaRock Hill, North Carolina-South
Carolina Area. Annual emissions
reporting (i.e., emission statement) and
a base year emissions inventory are
required for all ozone nonattainment
areas. The Area is comprised of the
entire county of Mecklenburg and
portions of Cabarrus, Gaston, Iredell,
Lincoln, Rowan and Union Counties in
North Carolina; and a portion of York
County in South Carolina. EPA will
consider and take action on the South
Carolina submission for the emissions
inventory and emissions statement for
its portion of this Area in a separate
action.
DATES: Written comments must be
received on or before May 21, 2015.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2015–0209 by one of the following
methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: R4–ARMS@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: ‘‘EPA–R04–OAR–2015–
0209,’’ Air Regulatory Management
Section (formerly the Regulatory
Development Section), Air Planning and
Implementation Branch (formerly the
Air Planning Branch), Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Lynorae
Benjamin, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street
SW., Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding Federal
holidays.
Please see the direct final rule which
is located in the Rules section of this
Federal Register for detailed
instructions on how to submit
comments.
FOR FURTHER INFORMATION CONTACT: Jane
Spann, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street
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]]>Agencies
[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)]
[Proposed Rules]
[Pages 22144-22147]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-09036]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2015-0227]
RIN 1625-AA00
Safety Zone, Block Island Wind Farm; Rhode Island Sound, RI
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a 500-yard safety zone
around each of five locations where the Block Island Wind Farm (BIWF)
wind turbine generator (WTG) foundations will be constructed in the
navigable waters of the Rhode Island Sound, RI, from July 1 to
September 30, 2015. These safety zones are intended to safeguard
mariners from the hazards associated with construction of the BIWF WTG
foundations. Vessels will be prohibited from entering into, transiting
through, mooring, or anchoring within these safety zones while
construction vessels and associated equipment are present, unless
authorized by the Captain of the Port (COTP), Southeastern New England
or the COTP's designated representative.
[[Page 22145]]
DATES: Comments and related material must be received by the Coast
Guard on or before May 21, 2015. Requests for public meetings must be
received by the Coast Guard on or before May 12, 2015.
ADDRESSES: You may submit comments identified by docket number USCG-
2015-0227 using any one of the following methods:
(1) Federal e-Rulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, contact Mr. Edward G. LeBlanc, Waterways Management Division at
Coast Guard Sector Southeastern New England, telephone 401-435-2351,
email Edward.G.LeBlanc@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
BIWF Block Island Wind Farm
FR Federal Register
NTM Notice To Mariners
WTG Wind Turbine Generator
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2015-0227), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via https://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via https://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number [USCG-2015-0227] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number (USCG-2015-0227) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. Regulatory History and Information
The Coast Guard has not promulgated a rule regarding construction
of the BIWF WTG foundations.
C. Basis and Purpose
The legal basis for the proposed rule is 33 U.S.C., 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Public Law 107-295, 116
Stat. 2064; and Department of Homeland Security Delegation No. 0170.1,
which collectively authorize the Coast Guard to establish safety zones.
This rule is necessary to provide for the safety of life and
navigation, for both workers and the boating public, within the
vicinity of the BIWF in Rhode Island Sound, RI.
D. Discussion of Proposed Rule
The Coast Guard proposes to establish a 500-yard safety zone around
each of five locations where the BIWF WTG foundations will be
constructed in the navigable waters of the Rhode Island Sound, RI, from
1 July to 30 September 2015. Locations of these platforms are:
------------------------------------------------------------------------
Platform Latitude Longitude
------------------------------------------------------------------------
WTG 1........................... 41[deg] 7.544' N.. 71[deg] 30.454' W.
WTG 2........................... 41[deg] 7.196' N.. 71[deg] 30.837' W.
WTG 3........................... 41[deg] 6.886' N.. 71[deg] 31.268' W.
WTG 4........................... 41[deg] 6.612' N.. 71[deg] 31.747' W.
WTG 5........................... 41[deg] 6.383' N.. 71[deg] 32.259' W.
------------------------------------------------------------------------
These safety zones are intended to safeguard mariners from the
hazards associated with construction of the BIWF WTG foundations.
Vessels will be prohibited from entering into, transiting through,
mooring, or anchoring within these safety zones while construction
vessels and associated equipment are present unless authorized by the
COTP, Southeastern New England or the COTP's designated representative.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking.
[[Page 22146]]
Below we summarize our analyses based on 13 of these statutes or
executive orders.
1. Executive Order 12866 and Executive Order 13563
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.
We expect the adverse economic impact of this proposed rule to be
minimal. Although this regulation may have some adverse impact on the
public, the potential impact will be minimized for the following
reasons: Although these safety zones will be in effect from 1 July 2015
to 30 September 2015, vessels will only be restricted from the zones
during periods of actual construction activity; the BIWF is located
approximately three miles offshore of Block Island and the safety zone
are only 500-yards in radius centered on the five BIWF WTG foundation
locations, allowing plenty of room for vessels to pass without having
to divert a long distance around the construction areas.
Notification of BIWF construction activity and the effective
enforcement periods of the associated safety zones will be made to
mariners through the Rhode Island Port Safety Forum, and local and
broadcast NTMs.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule will not have a significant economic impact on a
substantial number of small entities.
This proposed rule would affect the following entities, some of
which might be small entities: owners or operators of vessels intending
to enter, transit, moor, or anchor within 500 yards of the five BIWF
WTG foundation construction locations.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rulemaking would economically affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rulemaking would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact the person listed
under FOR FURTHER INFORMATION CONTACT. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
4. Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
9. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b) (2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rulemaking is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action appears to be
one of a category of actions which do not individually or cumulatively
have a
[[Page 22147]]
significant effect on the human environment.
A preliminary environmental analysis checklist supporting this
determination is available in the docket where indicated under
ADDRESSES. These safety zones are intended to safeguard mariners from
the hazards associated with wind farm construction activity. Vessels
will be prohibited from entering into, transiting through, mooring, or
anchoring within these safety zones while construction vessels and
associated equipment are present unless authorized by the Captain of
the Port (COTP), Southeastern New England or the COTP's designated
representative. It appears that this action will qualify for Coast
Guard Categorical Exclusion (34)(g), as described in figure 2-1 of the
Commandant Instruction.
We seek any comments or information that may lead to the discovery
of a significant environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for Part 165 reads as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T0227 to read as follows:
Sec. 165.T0227 Safety Zone, Block Island Wind Farm; Rhode Island
Sound, RI.
(a) Location. Areas within a 500-yard radius of the following five
positions are safety zones:
------------------------------------------------------------------------
Platform Latitude Longitude
------------------------------------------------------------------------
WTG 1.......................... 41[deg] 7.544' N. 71[deg] 30.454' W.
WTG 2.......................... 41[deg] 7.196' N. 71[deg] 30.837' W.
WTG 3.......................... 41[deg] 6.886' N. 71[deg] 31.268' W.
WTG 4.......................... 41[deg] 6.612' N. 71[deg] 31.747' W.
WTG 5.......................... 41[deg] 6.383' N. 71[deg] 32.259' W.
------------------------------------------------------------------------
(b) Enforcement Period. From 1 July to 30 September 2015, vessels
will be prohibited from entering into any of these safety zones, when
enforced, during construction activity of five Block Island Wind Farm
(BIWF) wind turbine generators (WTG) located in the positions listed in
2(a) above.
(c) Definitions. The following definitions apply to this section:
Designated representative. A ``designated representative'' is any
Coast Guard commissioned, warrant or petty officer of the U.S. Coast
Guard who has been designated by the Captain of the Port, Sector
Southeastern New England (COTP), to act on his or her behalf.
(d) Regulations. (1) The general regulations contained in 33 CFR
165.23 as well as the following regulations apply to the safety zones
established in conjunction with the construction of the Block Island
Wind Farm; Rhode Island Sound, RI. These regulations may be enforced
for the duration of construction.
(2) Vessels may not enter into, transit through, moor, or anchor in
these safety zones during periods of enforcement unless authorized by
the Captain of the Port (COTP), Southeastern New England or the COTP's
designated representative. Vessels permitted to transit must operate at
a no-wake speed, in a manner which will not endanger construction
vessels or associated equipment.
(3) Failure to comply with a lawful direction from the Captain of
the Port (COTP), Southeastern New England or the COTP's designated
representative may result in expulsion from the area, citation for
failure to comply, or both.
Dated: April 1, 2015.
J.T. Kondratowicz,
Captain, U.S. Coast Guard, Captain of the Port Southeastern New
England.
[FR Doc. 2015-09036 Filed 4-20-15; 8:45 am]
BILLING CODE 9110-04-P
