Safety Zone, Block Island Wind Farm; Rhode Island Sound, RI, 7718-7720 [2016-03091]

Download as PDF mstockstill on DSK4VPTVN1PROD with PROPOSALS 7718 Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Proposed Rules comment period ended on November 5, 2015. The December 30, 2015 Federal Register notice of informal public hearing describes the procedures that will govern this hearing http:// www.regulations.gov/ #!documentDetail;D=OSHA-H005C2006-0870-1706. All other information from this Federal Register notice remains the same. DATES: Informal public hearing. The hearing will begin on March 21, 2016 at 2 p.m., local time. If necessary, the hearing will continue from 9:30 a.m. to 5 p.m., local time, on subsequent days, in Washington, DC. The original public hearing start date of February 29, 2016 is withdrawn. ADDRESSES: Informal public hearing. The Washington, DC hearing will be held in the Cesar Chavez Auditorium at the Frances Perkins Building, U.S. Department of Labor, 200 Constitution Avenue NW, Washington, DC 20210. FOR FURTHER INFORMATION CONTACT: Press inquiries: Kimberly Darby, Office of Communications, Room N–3647, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone 202–693–1892. Technical information: Maureen Ruskin, OSHA, Office of Chemical Hazards-Metals, Room N–3718, U.S. Department of Labor, 200 Constitution Avenue NW., Washington DC 20210; telephone (202) 693–1955. Hearing inquiries: Gretta Jameson, OSHA, Office of Communications, Room N–3647; 200 Constitution Avenue NW., Washington, DC 20210; telephone 202–693–2176, email Jameson.Gretta@ dol.gov. SUPPLEMENTARY INFORMATION: On August 7, 2015, OSHA published a proposed rule to amend its existing exposure limits for occupational exposure in general industry to beryllium and beryllium compounds (80 FR 47565). The proposed rule would promulgate a substance-specific standard for general industry, regulating occupational exposure to beryllium and beryllium compounds. OSHA accepted comments concerning the proposed rule during the comment period, which ended on November 5, 2015. Commenters shared information and suggestions on a variety of topics, and the Non-Ferrous Founders’ Society also requested that OSHA schedule an informal public hearing on the proposed rule. On December 30, 2015, OSHA published a notice of informal hearing and invited interested persons in the rulemaking to participate by providing oral testimony and documentary evidence at the informal hearing. The Agency requested those interested VerDate Sep<11>2014 21:46 Feb 12, 2016 Jkt 238001 persons submit a notice of intent to appear and all documentary evidence by January, 29, 2016. The original hearing date of February 29, 2016 has been rescheduled to March 21, 2016 at 2:00pm. If necessary, the hearing will continue from 9:30 a.m. to 5:00 p.m., local time, on subsequent days, in Washington, DC. Authority and Signature This document was prepared under the direction of David Michaels, Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Avenue NW, Washington, DC 20210, pursuant to section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)), Secretary of Labor’s Order 1–2012 (77 FR 3912), and 29 CFR part 1911. Signed at Washington, DC, on February 5, 2016. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2016–02782 Filed 2–12–16; 8:45 am] BILLING CODE 4510–26–P 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 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) 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. SUMMARY: PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 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 eRulemaking 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. DATES: 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 Edward.G.LeBlanc@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: 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 § 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. E:\FR\FM\16FEP1.SGM 16FEP1 Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Proposed Rules 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 WTG WTG WTG WTG WTG 1 2 3 4 5 ... ... ... ... ... Latitude 41°7′32.74″ 41°7′11.57″ 41°6′52.96″ 41°6′36.54″ 41°6′22.79″ Longitude N. N. N. N. N. 71°30′27.04″ 71°30′50.22″ 71°31′16.18″ 71°31′44.62″ 71°32′15.50″ W. W. W. W. 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. mstockstill on DSK4VPTVN1PROD with PROPOSALS 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 VerDate Sep<11>2014 21:46 Feb 12, 2016 Jkt 238001 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). PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 7719 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 E:\FR\FM\16FEP1.SGM 16FEP1 7720 Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Proposed Rules 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 mstockstill on DSK4VPTVN1PROD with PROPOSALS 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. 21:46 Feb 12, 2016 PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for Part 165 reads as follows: (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] ■ 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. VerDate Sep<11>2014 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: Jkt 238001 BILLING CODE 9110–04–P 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. POSTAL REGULATORY COMMISSION ■ 2. Add § 165.T0026 to read as follows: 39 CFR Part 3001 § 165.T0026 Safety Zone, Block Island Wind Farm; Rhode Island Sound, RI. [Docket No. RM2016–6; Order No. 3048] (a) Location. Areas within a 500-yard radius of the following five positions are safety zones: Procedures Related to Motions; Correction AGENCY: Platform WTG WTG WTG WTG WTG 1 2 3 4 5 ... ... ... ... ... Latitude 41°7′32.74″ 41°7′11.57″ 41°6′52.96″ 41°6′36.54″ 41°6′22.79″ Longitude N. N. N. N. N. 71°30′27.04″ 71°30′50.22″ 71°31′16.18″ 71°31′44.62″ 71°32′15.50″ ACTION: W. W. W. W. 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. PO 00000 Frm 00005 Fmt 4702 Sfmt 9990 Postal Regulatory Commission. Proposed rule; correction. SUMMARY: This document corrects DATES section to a proposed rule the published in the Federal Register of February 1, 2016. The Commission did not intend to permit interested persons to file reply comments. The Commission is seeking initial comments only. Comments are due: March 2, 2016. There will be no reply comment period. DATES: FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 202–789–6820. Correction In proposed rule FR Doc. 2016–01735, beginning on page 5085 in the issue of February 1, 2016, make the following correction to the Dates section. On page 5085 in the first column, revise the DATES to read as follows: Comments are due: March 2, 2016. There will be no reply comment period. DATES: By the Commission. Stacy L. Ruble, Secretary. [FR Doc. 2016–02950 Filed 2–12–16; 8:45 am] BILLING CODE 7710–FW–P E:\FR\FM\16FEP1.SGM 16FEP1

Agencies

[Federal Register Volume 81, Number 30 (Tuesday, February 16, 2016)]
[Proposed Rules]
[Pages 7718-7720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03091]


=======================================================================
-----------------------------------------------------------------------

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 Edward.G.LeBlanc@uscg.mil.

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