[Federal Register Volume 89, Number 168 (Thursday, August 29, 2024)]
[Rules and Regulations]
[Pages 70100-70103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19576]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0559]
RIN 1625-AA00


Safety Zone; West Passage Narragansett Bay, Jamestown, RI

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule and request for comments.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 250-yard radius of the MARMAC 306 cable 
laying barge, and a J.F. Brennan construction barge #4132. The safety 
zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by cable laying operations 
being conducted in the vicinity of the West Passage Narragansett Bay, 
Jamestown, RI, between the Jamestown Verrazzano Bridge and south to 
Dutch Island. When enforced, entry of vessels or persons into this zone 
is prohibited unless specifically authorized by the Captain of the 
Port, Sector Southeastern New England.

DATES: 
    Effective date: This temporary interim rule is effective from 12:01 
a.m. on September 1, 2024, through 11:59 p.m. on December 31, 2024. The 
rule will

[[Page 70101]]

only be subject to enforcement while the MARMAC 306 cable laying barge 
and J.F. Brennan construction barge #4132 are engaged in operations.
    Comment date: Comments and related material must be received by the 
Coast Guard on or before September 30, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0559 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email MST2 Nicholas Easley, Sector Southeastern New England, 
U.S. Coast Guard; telephone 206-827-4160, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Southeastern New England
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On May 31, 2024, Orsted, an offshore wind energy developer, made 
the Coast Guard aware of their plans for cable laying operations 
associated with the Revolution Wind Farm project in vicinity of West 
Passage Narragansett Bay, Jamestown, RI, between Jamestown Verrazzano 
Bridge, and south to Dutch Island. The cable laying operation involves 
the use of a MARMAC 306 barge and J.F. Brennan construction barge #4132 
that will utilize a thruster system and five high tension anchors 
extending out from each barge to maintain its position. At times the 
anchor lines may lie just below the surface of the water.
    The Coast Guard is issuing this temporary rule under the authority 
in 5 U.S.C. 553(b)(B). This statutory provision authorizes an agency to 
issue a rule without prior notice and opportunity to comment when the 
agency for good cause finds that those procedures are ``impracticable, 
unnecessary, or contrary to the public interest.'' The Coast Guard 
finds that good cause exists for not publishing a notice of proposed 
rulemaking (NPRM) with respect to this rule because doing so would be 
impracticable and contrary to the public interest. The details of the 
project were not known to the Coast Guard in sufficient time to publish 
an NPRM. Delaying the effective date of this rule to wait for a comment 
period to run would be impracticable and contrary to the public 
interest because it would inhibit the Coast Guard's ability to protect 
the public and vessels from the hazards associated with the cable 
laying process. The expeditious implementation of this rule is in the 
public interest because it will help ensure the safety of personnel, 
waterway users, and the marine environment.
    Also, 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. Delaying the effective date of 
this rule would be impracticable because prompt action is needed to 
respond to the potential safety hazards associated with the cable 
installation being conducted by the MARMAC 306 barge and J.F. Brennan 
construction barge #4132.
    We are soliciting comments on this rulemaking. If the Coast Guard 
determines that changes to the temporary interim rule are necessary, we 
will publish a temporary final rule or other appropriate document.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority in 46 
U.S.C. 70034. The Captain of the Port Sector Southeastern New England 
(COTP) has determined that potential hazards associated with the cable 
installation starting on September 1, 2024, will be a safety concern 
for anyone within a 250-yard radius of the MARMAC 306 barge and J.F. 
Brennan construction barge #4132. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone while the cable installation is being conducted.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 12:01 a.m. on 
September 1, 2024, until 11:59 p.m. on December 31, 2024. While the 
safety zone will be effective through this period, it will only be 
enforced during active submerged cable laying operations or other 
instances which may create a hazard to navigation. The safety zone will 
cover all navigable waters within 250 yards of the barge MARMAC 306 and 
J.F. Brennan construction barge #4132 while they are operating in the 
vicinity of the West Passage Narragansett Bay, Jamestown, RI, between 
the Jamestown Verrazzano Bridge (41[deg]31'43.7'' N 71[deg]24'18.2'' W) 
and south to Dutch Island (41[deg]29'47.3'' N, 71[deg]24'16.5'' W). 
During times of enforcement, all persons or vessels would be prohibited 
from entering the safety zone without permission from the COTP or a 
designated representative. If cable laying operations and associated 
operations are completed before 11:59 p.m. on December 31, 2024, 
enforcement of the safety zone will be suspended, and notice given via 
Broadcast Notice to Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 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. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
will be able to safely transit around the safety zone which would 
impact a 250-yard radius around the MARMAC 306 and J.F. Brennan 
construction barge #4132 while engaged in cable laying operations. The 
Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the zone, and the rule would allow vessels to seek 
permission to enter the zone.

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 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 the 
safety zone may be small entities, for the

[[Page 70102]]

reasons stated in section V.A above, this rule will not have a 
significant economic impact on any vessel owner or operator.
    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 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 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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.

C. Collection of Information

    This rule will not call for a 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 Executive Order 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 rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does 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.

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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined 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 rule involves a 
safety zone, lasting only during the hours of operation of the MARMAC 
306 J.F. Brennan construction barge #4132, that will prohibit entry 
within 250 yards of vessels and machinery being used by personnel to 
install the cable. It is categorically excluded from further review 
under paragraph L60a of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 1. A Record of Environmental Consideration 
supporting this determination is available in the docket. For 
instructions on locating the docket, see the ADDRESSES section of this 
preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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.

VI. 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. If we determine that changes to the temporary interim rule are 
necessary, the Coast Guard will publish a temporary final rule or other 
appropriate document. 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.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision-Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2024-0559 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. Also, if you click on the Dockets tab and then the 
proposed rule, you should see a ``Subscribe'' option for email alerts. 
The option will notify you when comments are posted, or a final rule is 
published.
    We review all comments received, but we will only post comments 
that address the topic of the proposed rule. We may choose not to post 
off-topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5;

[[Page 70103]]

Department of Homeland Security Delegation No. 00170.1, Revision No. 
01.3.


0
2. Add Sec.  165.T01-0559 to read as follows:


Sec.  165.T01-0559   Safety Zone; West Passage Narragansett Bay, 
Jamestown, RI.

    (a) Location. The following area is a safety zone: All waters 
within a 250-yard radius of the MARMAC 306 cable laying barge and J.F. 
Brennan construction barge #4132 while operating in West Passage 
Narraganset Bay, Jamestown, RI, between Jamestown Verrazzano Bridge 
(41[deg]31'43.7'' N 71[deg]24'18.2'' W) and Dutch Island 
(41[deg]29'47.3'' N, 71[deg]24'16.5'' W).
    (b) Definitions. As used in this section, Designated Representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Sector Southeastern New England (COTP) in the 
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by VHF-FM radio channel 16 or phone at 866-819-9128. 
Those in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative.
    (d) Enforcement period. This section is effective from 12:01 a.m. 
on Sunday, September 1, 2024, through 11:59 p.m. on Tuesday, December 
31, 2024. The safety zone described in paragraph (a) of this section 
will only be subject to enforcement while the MARMAC 306 cable laying 
barge and J.F. Brennan construction barge #4132 are engaged in cable 
laying operations.

Y. Moon,
Captain, U.S. Coast Guard, Captain of the Port Sector Southeastern New 
England.
[FR Doc. 2024-19576 Filed 8-28-24; 8:45 am]
BILLING CODE 9110-04-P