[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]


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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: Temporary final rule.

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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 http://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 [email protected]. 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]
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