Rule2024-19576
Safety Zone; West Passage Narragansett Bay, Jamestown, RI
Primary source
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Published
August 29, 2024
Effective
September 1, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 168 (Thursday, August 29, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
<a href="/cdn-cgi/l/email-protection#8ec0e7ede6e1e2effda0dda0cbeffde2ebf7cefbfdede9a0e3e7e2"><span class="__cf_email__" data-cfemail="baf4d3d9d2d5d6dbc994e994ffdbc9d6dfc3facfc9d9dd94d7d3d6">[email protected]</span></a>.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
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</html>Indexed from Federal Register on August 29, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.