[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]


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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.

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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) 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 [email protected].

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]
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