Safety Zone, Block Island Wind Farm; Rhode Island Sound, RI, 42034-42036 [2015-17484]
Download as PDF
<![CDATA[
42034
Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions 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(h) 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 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
unless otherwise authorized by the
Captain of the Port Charleston or a
designated representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated area 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 seek
authorization. If authorization to enter,
transit through, anchor in, or remain
within 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 area through
advanced notice via broadcast notice to
mariners and by on-scene designated
representatives.
(d) Enforcement date. This rule will
be enforced from 12:00 p.m. to 4:00 p.m.
on July 26, 2015.
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
Dated: June 30, 2015.
B.D. Falk,
Commander, U.S. Coast Guard, Acting
Captain of the Port Charleston.
[FR Doc. 2015–17477 Filed 7–15–15; 8:45 am]
■
BILLING CODE 9110–04–P
Authority: 33 U.S.C. 1233.
2. Add a temporary § 100.T07–0192 to
read as follows:
■
tkelley on DSK3SPTVN1PROD with RULES
§ 100.T07–0192 Special Local Regulations;
Beaufort Water Festival, Beaufort, SC.
(a) Regulated areas. The following
regulated area that will encompass a
portion of the Beaufort River that is 700
ft wide by 2600 ft in length, whose
approximate corner coordinates are as
follows: 32°25′47″ N/080°40′44″ W,
32°25′41″ N/080°40′14″ W, 32°25′35″ N/
080°40′16″ W, 32°25′40″ N/080°40′46″
W. Spectator vessels may safely transit
outside the regulated area, but are
prohibited from entering, transiting
through, anchoring, or remaining within
the regulated area. The Coast Guard may
be assisted by other Federal, State, or
local law enforcement agencies in
enforcing this regulation.
(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.
VerDate Sep<11>2014
16:14 Jul 15, 2015
Jkt 235001
DEPARTMENT OF HOMELAND
SECURITY
vessels and associated equipment are
present, unless authorized by the
Captain of the Port (COTP),
Southeastern New England or the
COTP’s designated representative.
DATES: This rule is effective without
actual notice from July 16, 2015 until
September 30, 2015. For the purposes of
enforcement, actual notice will be used
from Wednesday, July 1, 2015, to July
16, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2015–0227. To view documents
mentioned in the preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, contact
Mr. Edward G. LeBlanc at Coast Guard
Sector Southeastern New England,
telephone 401–435–2351, email
Edward.G.LeBlanc@uscg.mil. If you
have questions on viewing the docket,
please contact Ms. Cheryl Collins,
Program Manager, Docket Operations,
telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
[Docket No. USCG–2015–0227]
BIWF Block Island Wind Farm
FR Federal Register
NTM Notice To Mariners
WTG Wind Turbine Generator
NPRM Notice of Proposed Rulemaking
RIN 1625–AA00
A. Regulatory History and Information
Coast Guard
33 CFR Part 165
Safety Zone, Block Island Wind Farm;
Rhode Island Sound, RI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a 500-yard safety zone
around each of five locations where the
Block Island Wind Farm (BIWF) wind
turbine generator (WTG) foundations
will be constructed in the navigable
waters of the Rhode Island Sound, RI.
These safety zones are intended to
safeguard mariners from the hazards
associated with construction of the
BIWF WTG foundations. Vessels are
prohibited from entering into, transiting
through, mooring, or anchoring within
these safety zones while construction
SUMMARY:
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
On April 21, 2015, we published a
NPRM entitled ‘‘Safety Zone, Block
Island Wind Farm; Rhode Island Sound,
RI’’ in the Federal Register (80 FR
22144). We received no comments on
the rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. This provision authorizes an
agency to make a rule effective less than
30 days after publication in the Federal
Register when the agency for good cause
finds that delaying the effective period
for 30 days or more is ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists
for making this rule effective less than
E:\FR\FM\16JYR1.SGM
16JYR1
Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations
30 days after publication in the Federal
Register because construction of the
Block Island Wind Farm is scheduled to
begin in early July, the environmental
window within which construction can
be conducted is short, and no comments
opposing the safety zone were received
in response to the NPRM. Therefore, it
is impracticable to make this rule
effective 30 days or more after
publication in the Federal Register.
B. Basis and Purpose
The legal basis for the rule is 33
U.S.C. 1231; 50 U.S.C. 191; 33 CFR
1.05–1, 6.04–1, 6.04–6, 160.5; and
Department of Homeland Security
Delegation No. 0170.1., which
collectively authorize the Coast Guard
to establish safety zones.
This rule is necessary to provide for
the safety of life and navigation, for both
workers and the boating public, within
the vicinity of the BIWF in Rhode Island
Sound, RI.
Background
The Coast Guard is establishing a 500yard safety zone around each of five
locations where the BIWF WTG
foundations will be constructed in the
navigable waters of the Rhode Island
Sound, RI, from July 1 to September 30,
2015. Locations of these platforms are:
Platform
WTG
WTG
WTG
WTG
WTG
1
2
3
4
5
......
......
......
......
......
Latitude
41°7.544′
41°7.196′
41°6.886′
41°6.612′
41°6.383′
N
N
N
N
N
Longitude
....
....
....
....
....
71°30.454′
71°30.837′
71°31.268′
71°31.747′
71°32.259′
W.
W.
W.
W.
W.
These safety zones are intended to
safeguard mariners from the hazards
associated with construction of the
BIWF WTG foundations. Vessels will be
prohibited from entering into, transiting
through, mooring, or anchoring within
these safety zones while construction
vessels and associated equipment are
present unless authorized by the COTP,
Southeastern New England or the
COTP’s designated representative.
Discussion of Comments, Changes and
the Final Rule
No comments were received and no
changes were made to the language
contained in the NPRM.
tkelley on DSK3SPTVN1PROD with RULES
C. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes or executive
orders.
VerDate Sep<11>2014
16:14 Jul 15, 2015
Jkt 235001
1. Executive Order 12866 and Executive
Order 13563
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
We expect the adverse economic
impact of this rule to be minimal.
Although this regulation may have some
adverse impact on the public, the
potential impact will be minimized for
the following reasons: Vessels will only
be restricted from the safety zones
during periods of actual construction
activity from July 1 to September 30,
2015; and the BIWF is located
approximately three miles offshore from
Block Island and the safety zones are
only 500-yards in radius centered on the
five BIWF WTG foundation locations,
allowing plenty of room for vessels to
pass without having to divert a long
distance around the construction areas.
Notification of the BIWF construction
activity and the effective enforcement
periods of the associated safety zones
will be made to mariners through the
Rhode Island Port Safety Forum, and
local and broadcast NTMs.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which might be small
entities: Owners or operators of vessels
intending to enter, transit, moor, or
anchor within 500 yards of the five
BIWF WTG foundation construction
locations.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104–
121), we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
42035
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
4. Collection of Information
This rule would call for no new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
would not result in such expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
E:\FR\FM\16JYR1.SGM
16JYR1
42036
Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations
8. Taking of Private Property
This rule would not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children From
Environmental Health Risks
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
would not create an environmental risk
to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it would not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
This rule is not a ‘‘significant energy
action’’ under Executive Order 13211,
Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
tkelley on DSK3SPTVN1PROD with RULES
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves the establishment of a safety
VerDate Sep<11>2014
16:14 Jul 15, 2015
Jkt 235001
zone. A final categorical exclusion
document and environmental checklist
are located in the docket for this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T01–227 to read as
follows:
■
(a) Location. Areas within a 500-yard
radius of the following five positions are
safety zones:
WTG
WTG
WTG
WTG
WTG
1
2
3
4
5
......
......
......
......
......
Latitude
41°7.544′
41°7.196′
41°6.886′
41°6.612′
41°6.383′
N
N
N
N
N
Longitude
....
....
....
....
....
71°30.454′
71°30.837′
71°31.268′
71°31.747′
71°32.259′
W.
W.
W.
W.
W.
(b) Enforcement period. From July 1
to September 30, 2015, vessels will be
prohibited from entering into any of
these safety zones, when enforced,
during construction activity of five
Block Island Wind Farm (BIWF) wind
turbine generators (WTG) located in the
positions listed in paragraph (a) of this
section.
(c) Definitions. The following
definitions apply to this section:
Designated Representative. A
‘‘designated representative’’ is any Coast
Guard commissioned, warrant or petty
officer of the U.S. Coast Guard who has
been designated by the Captain of the
Port, Sector Southeastern New England
(COTP), to act on his or her behalf.
(d) Regulations. (1) The general
regulations contained in § 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
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
Dated: June 10, 2015.
J.T. Kondratowicz,
Captain, U.S. Coast Guard, Captain of the
Port Southeastern New England.
[FR Doc. 2015–17484 Filed 7–15–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
§ 165.T01–227 Safety Zone, Block Island
Wind Farm; Rhode Island Sound, RI.
Platform
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.
33 CFR Part 165
[Docket No. USCG–2011–0228]
RIN 1625–AA00
Safety Zone, Brandon Road Lock and
Dam to Lake Michigan including Des
Plaines River, Chicago Sanitary and
Ship Canal, Chicago River, and
Calumet-Saganashkee Channel,
Chicago, IL; Between Mile Markers
296.1 and 296.7
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a segment of the Safety Zone; Brandon
Road Lock and Dam to Lake Michigan
including Des Plaines River, Chicago
Sanitary and Ship Canal, Chicago River,
Calumet-Saganashkee Channel on all
waters of the Chicago Sanitary and Ship
Canal between Mile Marker 296.1 to
Mile Marker 296.7 at specified times
from August 3, 2015, through September
18, 2015. This action is necessary to
protect the waterway, waterway users,
and vessels from the hazards associated
with the U.S. Fish and Wildlife
Service’s trial tests on the water for the
Asian Carp studies.
During the enforcement periods listed
below, entry into, transiting, mooring,
laying-up or anchoring within the
enforced area of this safety zone by any
person or vessel is prohibited unless
authorized by the Captain of the Port
Lake Michigan or her designated
representative.
DATES: The regulations in 33 CFR
165.930 will be enforced intermittently
from 8 a.m. to 6 p.m. on Monday
SUMMARY:
E:\FR\FM\16JYR1.SGM
16JYR1
]]>Agencies
[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Rules and Regulations]
[Pages 42034-42036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17484]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2015-0227]
RIN 1625-AA00
Safety Zone, Block Island Wind Farm; Rhode Island Sound, RI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a 500-yard safety zone around
each of five locations where the Block Island Wind Farm (BIWF) wind
turbine generator (WTG) foundations will be constructed in the
navigable waters of the Rhode Island Sound, RI. These safety zones are
intended to safeguard mariners from the hazards associated with
construction of the BIWF WTG foundations. Vessels are prohibited from
entering into, transiting through, mooring, or anchoring within these
safety zones while construction vessels and associated equipment are
present, unless authorized by the Captain of the Port (COTP),
Southeastern New England or the COTP's designated representative.
DATES: This rule is effective without actual notice from July 16, 2015
until September 30, 2015. For the purposes of enforcement, actual
notice will be used from Wednesday, July 1, 2015, to July 16, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2015-0227. To view documents mentioned in the preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact Mr. Edward G. LeBlanc at Coast Guard Sector Southeastern New
England, telephone 401-435-2351, email Edward.G.LeBlanc@uscg.mil. If
you have questions on viewing the docket, please contact Ms. Cheryl
Collins, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
BIWF Block Island Wind Farm
FR Federal Register
NTM Notice To Mariners
WTG Wind Turbine Generator
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
On April 21, 2015, we published a NPRM entitled ``Safety Zone,
Block Island Wind Farm; Rhode Island Sound, RI'' in the Federal
Register (80 FR 22144). We received no comments on the rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. This provision authorizes an
agency to make a rule effective less than 30 days after publication in
the Federal Register when the agency for good cause finds that delaying
the effective period for 30 days or more is ``impracticable,
unnecessary, or contrary to the public interest.'' Under 5 U.S.C.
553(d)(3), the Coast Guard finds that good cause exists for making this
rule effective less than
[[Page 42035]]
30 days after publication in the Federal Register because construction
of the Block Island Wind Farm is scheduled to begin in early July, the
environmental window within which construction can be conducted is
short, and no comments opposing the safety zone were received in
response to the NPRM. Therefore, it is impracticable to make this rule
effective 30 days or more after publication in the Federal Register.
B. Basis and Purpose
The legal basis for the rule is 33 U.S.C. 1231; 50 U.S.C. 191; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; and Department of Homeland Security
Delegation No. 0170.1., which collectively authorize the Coast Guard to
establish safety zones.
This rule is necessary to provide for the safety of life and
navigation, for both workers and the boating public, within the
vicinity of the BIWF in Rhode Island Sound, RI.
Background
The Coast Guard is establishing a 500-yard safety zone around each
of five locations where the BIWF WTG foundations will be constructed in
the navigable waters of the Rhode Island Sound, RI, from July 1 to
September 30, 2015. Locations of these platforms are:
------------------------------------------------------------------------
Platform Latitude Longitude
------------------------------------------------------------------------
WTG 1................. 41[deg]7.544' N........ 71[deg]30.454' W.
WTG 2................. 41[deg]7.196' N........ 71[deg]30.837' W.
WTG 3................. 41[deg]6.886' N........ 71[deg]31.268' W.
WTG 4................. 41[deg]6.612' N........ 71[deg]31.747' W.
WTG 5................. 41[deg]6.383' N........ 71[deg]32.259' W.
------------------------------------------------------------------------
These safety zones are intended to safeguard mariners from the
hazards associated with construction of the BIWF WTG foundations.
Vessels will be prohibited from entering into, transiting through,
mooring, or anchoring within these safety zones while construction
vessels and associated equipment are present unless authorized by the
COTP, Southeastern New England or the COTP's designated representative.
Discussion of Comments, Changes and the Final Rule
No comments were received and no changes were made to the language
contained in the NPRM.
C. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or executive orders.
1. Executive Order 12866 and Executive Order 13563
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.
We expect the adverse economic impact of this rule to be minimal.
Although this regulation may have some adverse impact on the public,
the potential impact will be minimized for the following reasons:
Vessels will only be restricted from the safety zones during periods of
actual construction activity from July 1 to September 30, 2015; and the
BIWF is located approximately three miles offshore from Block Island
and the safety zones are only 500-yards in radius centered on the five
BIWF WTG foundation locations, allowing plenty of room for vessels to
pass without having to divert a long distance around the construction
areas.
Notification of the BIWF construction activity and the effective
enforcement periods of the associated safety zones will be made to
mariners through the Rhode Island Port Safety Forum, and local and
broadcast NTMs.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
This rule will affect the following entities, some of which might
be small entities: Owners or operators of vessels intending to enter,
transit, moor, or anchor within 500 yards of the five BIWF WTG
foundation construction locations.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule would call for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule would not result
in such expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
[[Page 42036]]
8. Taking of Private Property
This rule would not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This rule is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishment of a
safety zone. A final categorical exclusion document and environmental
checklist are located in the docket for this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T01-227 to read as follows:
Sec. 165.T01-227 Safety Zone, Block Island Wind Farm; Rhode Island
Sound, RI.
(a) Location. Areas within a 500-yard radius of the following five
positions are safety zones:
------------------------------------------------------------------------
Platform Latitude Longitude
------------------------------------------------------------------------
WTG 1................. 41[deg]7.544' N........ 71[deg]30.454' W.
WTG 2................. 41[deg]7.196' N........ 71[deg]30.837' W.
WTG 3................. 41[deg]6.886' N........ 71[deg]31.268' W.
WTG 4................. 41[deg]6.612' N........ 71[deg]31.747' W.
WTG 5................. 41[deg]6.383' N........ 71[deg]32.259' W.
------------------------------------------------------------------------
(b) Enforcement period. From July 1 to September 30, 2015, vessels
will be prohibited from entering into any of these safety zones, when
enforced, during construction activity of five Block Island Wind Farm
(BIWF) wind turbine generators (WTG) located in the positions listed in
paragraph (a) of this section.
(c) Definitions. The following definitions apply to this section:
Designated Representative. A ``designated representative'' is any
Coast Guard commissioned, warrant or petty officer of the U.S. Coast
Guard who has been designated by the Captain of the Port, Sector
Southeastern New England (COTP), to act on his or her behalf.
(d) Regulations. (1) The general regulations contained in Sec.
165.23 as well as the following regulations apply to the safety zones
established in conjunction with the construction of the Block Island
Wind Farm; Rhode Island Sound, RI. These regulations may be enforced
for the duration of construction.
(2) Vessels may not enter into, transit through, moor, or anchor in
these safety zones during periods of enforcement unless authorized by
the Captain of the Port (COTP), Southeastern New England or the COTP's
designated representative. Vessels permitted to transit must operate at
a no-wake speed, in a manner which will not endanger construction
vessels or associated equipment.
(3) Failure to comply with a lawful direction from the Captain of
the Port (COTP), Southeastern New England or the COTP's designated
representative may result in expulsion from the area, citation for
failure to comply, or both.
Dated: June 10, 2015.
J.T. Kondratowicz,
Captain, U.S. Coast Guard, Captain of the Port Southeastern New
England.
[FR Doc. 2015-17484 Filed 7-15-15; 8:45 am]
BILLING CODE 9110-04-P
