7718 Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Proposed Rules 

comment period ended on November 5, 

2015. The December 30, 2015 Federal 

Register notice of informal public 

hearing describes the procedures that 

will govern this hearing http://

www.regulations.gov/ 

#!documentDetail;D=OSHA-H005C2006-0870-1706. All other information 

from this Federal Register notice 

remains the same. 

DATES: Informal public hearing. The 

hearing will begin on March 21, 2016 at 

2 p.m., local time. If necessary, the 

hearing will continue from 9:30 a.m. to 

5 p.m., local time, on subsequent days, 

in Washington, DC. The original public 

hearing start date of February 29, 2016 

is withdrawn. 

ADDRESSES: Informal public hearing. 

The Washington, DC hearing will be 

held in the Cesar Chavez Auditorium at 

the Frances Perkins Building, U.S. 

Department of Labor, 200 Constitution 

Avenue NW, Washington, DC 20210. 

FOR FURTHER INFORMATION CONTACT: 

Press inquiries: Kimberly Darby, Office 

of Communications, Room N–3647, U.S. 

Department of Labor, 200 Constitution 

Avenue NW., Washington, DC 20210; 

telephone 202–693–1892. 

Technical information: Maureen 

Ruskin, OSHA, Office of Chemical 

Hazards-Metals, Room N–3718, U.S. 

Department of Labor, 200 Constitution 

Avenue NW., Washington DC 20210; 

telephone (202) 693–1955. 

Hearing inquiries: Gretta Jameson, 

OSHA, Office of Communications, 

Room N–3647; 200 Constitution Avenue 

NW., Washington, DC 20210; telephone 

202–693–2176, email Jameson.Gretta@

dol.gov. 

SUPPLEMENTARY INFORMATION: On August 

7, 2015, OSHA published a proposed 

rule to amend its existing exposure 

limits for occupational exposure in 

general industry to beryllium and 

beryllium compounds (80 FR 47565). 

The proposed rule would promulgate a 

substance-specific standard for general 

industry, regulating occupational 

exposure to beryllium and beryllium 

compounds. OSHA accepted comments 

concerning the proposed rule during the 

comment period, which ended on 

November 5, 2015. Commenters shared 

information and suggestions on a variety 

of topics, and the Non-Ferrous 

Founders’ Society also requested that 

OSHA schedule an informal public 

hearing on the proposed rule. 

On December 30, 2015, OSHA 

published a notice of informal hearing 

and invited interested persons in the 

rulemaking to participate by providing 

oral testimony and documentary 

evidence at the informal hearing. The 

Agency requested those interested 

persons submit a notice of intent to 

appear and all documentary evidence by 

January, 29, 2016. 

The original hearing date of February 

29, 2016 has been rescheduled to March 

21, 2016 at 2:00pm. If necessary, the 

hearing will continue from 9:30 a.m. to 

5:00 p.m., local time, on subsequent 

days, in Washington, DC. 

Authority and Signature 

This document was prepared under 

the direction of David Michaels, Ph.D., 

MPH, Assistant Secretary of Labor for 

Occupational Safety and Health, U.S. 

Department of Labor, 200 Constitution 

Avenue NW, Washington, DC 20210, 

pursuant to section 6(b) of the 

Occupational Safety and Health Act of 

1970 (29 U.S.C. 655(b)), Secretary of 

Labor’s Order 1–2012 (77 FR 3912), and 

29 CFR part 1911. 

Signed at Washington, DC, on February 5, 

2016. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2016–02782 Filed 2–12–16; 8:45 am] 

BILLING CODE 4510–26–P 

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. 

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 eRulemaking 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 

Edward.G.LeBlanc@uscg.mil. 

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 

§ 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. 

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Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Proposed Rules 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°7′32.74′′ N. 71°30′27.04′′ W. 

WTG 2 ... 41°7′11.57′′ N. 71°30′50.22′′ W. 

WTG 3 ... 41°6′52.96′′ N. 71°31′16.18′′ W. 

WTG 4 ... 41°6′36.54′′ N. 71°31′44.62′′ W. 

WTG 5 ... 41°6′22.79′′ N. 71°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 

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7720 Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Proposed Rules 

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 

■ 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. 

■ 2. Add § 165.T0026 to read as follows: 

§ 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°7′32.74′′ N. 71°30′27.04′′ W. 

WTG 2 ... 41°7′11.57′′ N. 71°30′50.22′′ W. 

WTG 3 ... 41°6′52.96′′ N. 71°31′16.18′′ W. 

WTG 4 ... 41°6′36.54′′ N. 71°31′44.62′′ W. 

WTG 5 ... 41°6′22.79′′ N. 71°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] 

BILLING CODE 9110–04–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3001 

[Docket No. RM2016–6; Order No. 3048] 

Procedures Related to Motions; 

Correction 

AGENCY: Postal Regulatory Commission. 

ACTION: Proposed rule; correction. 

SUMMARY: This document corrects the 

DATES section to a proposed rule 

published in the Federal Register of 

February 1, 2016. The Commission did 

not intend to permit interested persons 

to file reply comments. The Commission 

is seeking initial comments only. 

DATES: Comments are due: March 2, 

2016. There will be no reply comment 

period. 

FOR FURTHER INFORMATION CONTACT: 

David A. Trissell, General Counsel, at 

202–789–6820. 

Correction 

In proposed rule FR Doc. 2016–01735, 

beginning on page 5085 in the issue of 

February 1, 2016, make the following 

correction to the Dates section. On page 

5085 in the first column, revise the 

DATES to read as follows: 

DATES: Comments are due: March 2, 

2016. There will be no reply comment 

period. 

By the Commission. 

Stacy L. Ruble, 

Secretary. 

[FR Doc. 2016–02950 Filed 2–12–16; 8:45 am] 

BILLING CODE 7710–FW–P 

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