[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)]
[Proposed Rules]
[Pages 22144-22147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09036]


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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.

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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: http://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 [email protected]. 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 http://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 http://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 http://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 http://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 http://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