[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Proposed Rules]
[Pages 13745-13752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04306]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 147

[Docket Number USCG-2023-0073]
RIN 1625-AA00


Safety Zone; South Fork Wind Farm Project Area, Outer Continental 
Shelf, Lease OCS-A 0517, Offshore Rhode Island, Atlantic Ocean

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish 13 temporary 500-
meter safety zones around the construction of 12 wind turbine 
generators (WTGs) and one offshore substation (OSS) located in the 
South Fork Wind Farm (SFWF) project area within federal waters on the 
Outer Continental Shelf (OCS), specifically in the Bureau of Ocean 
Energy Management (BOEM) Renewable Energy Lease Area OCS-A 0517, 
approximately 16 nautical miles (NM) southeast of Block Island, Rhode 
Island, and 30 NM east of Montauk Point, New York. This action is 
necessary to provide for the safety of life, property, and the 
environment during the planned construction of each facility's monopile 
type foundation and subsequent installation of the WTGs turbines and 
OSS platform from May 1, 2023, to December 31, 2023. When enforced, 
only attending vessels and those vessels specifically authorized by the 
First Coast Guard District Commander, or a designated representative, 
are permitted to enter or remain in the safety zones. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 5, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0073 using the Federal Decision-Making Portal at https://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, call or email Mr. Craig Lapiejko, Waterways 
Management, at Coast Guard First District, telephone 617-223-8351, 
email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

BOEM Bureau of Ocean Energy Management
CFR Code of Federal Regulations
DD Degrees Decimal
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
OCS Outer Continental Shelf
OSS Offshore Substation
NAD 83 North American Datum of 1983
NM Nautical Mile
Sec.  Section
SFWF South Fork Wind Farm
U.S.C. United States Code
WTG Wind Turbine Generator

II. Background, Purpose, and Legal Basis

    On October 20, 2022, Orsted Offshore North America, an offshore 
wind farm developer, notified the Coast Guard that they plan to begin 
construction of facilities in the SFWF project area within federal 
waters on the OCS, specifically in the BOEM Renewable Energy Lease Area 
OCS-A 0517, approximately 16 NM southeast of Block Island, Rhode 
Island, and 30 NM east of Montauk Point, New York in May 2023.
    The extremely complex offshore construction of these OCS facilities 
presents many unusually hazardous conditions including hydraulic pile 
driving hammer operations, heavy lift operations, overhead cutting 
operations, potential falling debris, increased vessel traffic, and 
stationary barges in close proximity to the facilities and each other.
    Based on these circumstances, the First Coast Guard District 
Commander has determined that establishment of 13 safety zones through 
rulemaking is warranted to ensure the safety of life,

[[Page 13746]]

property, and the environment within a 500-meter radius of each of the 
13 facilities during their construction.
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    \1\ The Rhode Island and Massachusetts Structure Labeling Plot 
(West) is an attachment to the Conditions of Construction and 
Operations Plan Approval Lease Number OCS-A 0517 (boem.gov) and can 
be found at https://www.boem.gov/sites/default/files/documents/renewable-energy/state-activities/SFWF-COP-Terms-and-Conditions.pdf.
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    The Coast Guard is proposing this rule under the authority provided 
in 14 U.S.C. 544, 43 U.S.C. 1333, and Department of Homeland Security 
(DHS) Delegation No. 00170.1, Revision No. 01.3. As an implementing 
regulation of this authority, 33 CFR part 147 permits the establishment 
of safety zones for non-mineral energy resource permanent or temporary 
structures located on the OCS for the purpose of protecting life and 
property on the facilities, appurtenances and attending vessels, and on 
the adjacent waters within the safety zone (see 33 CFR 147.10). 
Accordingly, a safety zone established under 33 CFR part 147 may also 
include provisions to restrict, prevent, or control certain activities, 
including access by vessels or persons to maintain safety of life, 
property, and the environment.

III. Discussion of Proposed Rule

    The District Commander is proposing to establish 13 temporary 500-
meter safety zones around the construction of 12 WTGs and one OSS on 
the OCS from May 1, 2023, through 11:59 p.m. on December 31, 2023.
    The construction of these facilities is expected to take place in 
two phases beginning with the installation of monopile type foundations 
for 12 WTGs and one OSS starting May 1, 2023. The second phase, which 
will involve the installation of WTG structures and the OSS platform, 
is anticipated to begin in August 2023. Commission and operation of the 
turbines is expected by the end of 2023. The 13 temporary safety zones 
would be enforced individually as construction progresses from one 
structure location to the next throughout each of the two phases for a 
period lasting approximately 48 hours. The Coast Guard would make 
notice of each enforcement period via the Local Notice to Mariners and 
issue a Broadcast Notice to Mariners via marine channel 16 (VHF-FM) as 
soon as practicable in response to an emergency or hazardous condition. 
The Coast Guard is publishing this rulemaking to be effective, and 
enforceable, through December 31, 2023, to encompass any construction 
delays due to weather or other unforeseen circumstances. If the project 
is completed before December 31, 2023, enforcement of the safety zones 
would be suspended, and notice given via Local Notice to Mariners.
    Additional information about the construction process of the SFWF 
can be found at https://www.boem.gov/renewable-energy/state-activities/south-fork.
    The 13 temporary 500-meter safety zones around the construction of 
12 WTGs and one OSS are in the SFWF project area within federal waters 
on the OCS, specifically in the BOEM Renewable Energy Lease Area OCS-A 
0517, approximately 16 NM southeast of Block Island, Rhode Island, and 
30 NM east of Montauk Point, New York.
    The positions of each individual safety zone proposed by this 
rulemaking will be referred to using a unique alpha-numeric naming 
convention outlined in the ``Rhode Island and Massachusetts Structure 
Labeling Plot (West)''.\1\
    Aligning with authorities under 33 CFR 147.15, the proposed safety 
zones would include the area within 500-meters of the center point of 
the positions provided in the table below expressed in Decimal Degrees 
(DD) based on North American Datum 1983 (NAD 83).

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              Name                   Facility type              Latitude                      Longitude
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AM06............................  WTG...............  N 41.10921219                 W -71.16906236
AM07............................  WTG...............  N 41.10962524                 W -71.14702052
AM08............................  WTG...............  N 41.11003408                 W -71.12497822
AM09............................  WTG...............  N 41.1104387                  W -71.10293547
AN06............................  WTG...............  N 41.0925412                  W -71.16851369
AN07............................  WTG...............  N 41.09295401                 W -71.14647741
AN09............................  WTG...............  N 41.093767                   W -71.1024035
AN10............................  WTG...............  N 41.09416717                 W -71.08036587
AP06............................  OSS...............  N 41.07587016                 W -71.16796548
AP07............................  WTG...............  N 41.07628273                 W -71.14593476
AP08............................  WTG...............  N 41.07669109                 W -71.12390359
AP09............................  WTG...............  N 41.07709524                 W -71.10187197
AP10............................  WTG...............  N 41.07749518                 W -71.0798399
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[[Page 13747]]

    The positions of the 13 proposed safety zones are shown on the 
chartlets below. For scaling purposes, there is approximately one NM 
spacing between each position.
[GRAPHIC] [TIFF OMITTED] TP06MR23.012

[GRAPHIC] [TIFF OMITTED] TP06MR23.013


[[Page 13748]]


[GRAPHIC] [TIFF OMITTED] TP06MR23.014


[[Page 13749]]


[GRAPHIC] [TIFF OMITTED] TP06MR23.015

BILLING CODE 9110-04-C
    Navigation in the vicinity of the proposed safety zones consists of 
large commercial shipping vessels, fishing vessels, cruise ships, tugs 
with tows, and recreational vessels.
    When enforced, no unauthorized vessel or person would be permitted 
to enter the safety zone without obtaining permission from the First 
Coast Guard District Commander or a designated representative. Requests 
for entry into the safety zone would be considered and reviewed on a 
case-by-case basis. Persons or vessels seeking to enter the safety zone 
must request authorization from the First Coast Guard District 
Commander or designated representative via VHF-FM channel 16 or by 
phone at 617-223-8555 (First Coast Guard District Command Center). If 
permission is granted, all persons and vessels shall comply with the 
instructions of the First Coast Guard

[[Page 13750]]

District Commander or designated representative.
    The proposed regulatory text appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. A summary of our analyses 
based on these statutes and Executive Orders follows.

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 NPRM has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 
has not been reviewed by the Office of Management and Budget (OMB).
    Aligning with 33 CFR 147.15, the safety zones established would 
extend to a maximum distance of 500-meters around the OCS facility 
measured from its center point. Vessel traffic would be able to safely 
transit around the proposed safety zones, which would impact a small, 
designated area in the Atlantic Ocean, without significant impediment 
to their voyage. This safety zone would provide for the safety of life, 
property, and the environment during the construction of each 
structure, in accordance with Coast Guard maritime safety missions.

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 would not have a significant economic impact on a 
substantial number of small entities.
    This rule may affect owners or operators of vessels intending to 
transit or anchor in the SFWF, some of which might be small entities. 
However, these safety zones would not have a significant economic 
impact on a substantial number of these entities because they are 
temporarily enforced, allow for deviation requests, and do not impact 
vessel transit significantly. Regarding the enforcement period, 
although these safety zones would be in effect from May 1, 2023, 
through December 31, 2023, vessels would only be prohibited from the 
regulated zone during periods of actual construction activity in 
correspondence to the period of enforcement. We expect the enforcement 
period at each location to last approximately 48 hours as construction 
progresses from one structure location to the next throughout each of 
the two phases. Additionally, vessel traffic could pass safely around 
each safety zone using an alternate route. Use of an alternate route 
likely will cause minimal delay for the vessel in reaching their 
destination depending on other traffic in the area and vessel speed. 
Vessels would also be able to request deviation from this rule to 
transit through a safety zone. Such requests would be considered on a 
case by-case basis and may be authorized by the First Coast Guard 
District Commander or a designated representative. For these reasons, 
the Coast Guard expects any impact of this rulemaking establishing a 
temporary safety zone around these OCS facilities to be minimal and 
have no significant economic impact on small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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 proposed 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. 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 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 proposed 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 proposed 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

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 potential effects of 
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 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 the 
establishment of a safety zone around an OCS facility to protect life, 
property, and the marine environment. Normally such actions are 
categorically excluded from further review under paragraph L60 of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A 
preliminary Record of Environmental Consideration supporting this 
determination is available in the docket.

[[Page 13751]]

For instructions on locating the docket, see the ADDRESSES section of 
this preamble. 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 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.

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.
    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-2023-0073 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. 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 147

    Continental shelf, Marine safety, Navigation (waters).

    For the reasons discussed in the preamble, the Coast Guard is 
proposing to amend 33 CFR part 147 as follows:

PART 147--SAFETY ZONES

0
1. The authority citation for part 147 continues to read as follows:

    Authority:  14 U.S.C. 544; 43 U.S.C. 1333; 33 CFR 1.05-1; 
Department of Homeland Security Delegation No. 00170.1, Revision No. 
01.3.

0
2. Add Sec.  147.T01-0073 to read as follows:


Sec.  147.T01-0073  Safety Zones; South Fork Wind Farm Project Area, 
Outer Continental Shelf, Lease OCS-A 0517, Offshore Rhode Island, 
Atlantic Ocean.

    (a) Description. The area within 500-meters of the center point of 
the positions provided in the table below is a safety zone:

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              Name                   Facility type              Latitude                      Longitude
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AM06............................  WTG...............  N 41.10921219                 W -71.16906236
AM07............................  WTG...............  N 41.10962524                 W -71.14702052
AM08............................  WTG...............  N 41.11003408                 W -71.12497822
AM09............................  WTG...............  N 41.1104387                  W -71.10293547
AN06............................  WTG...............  N 41.0925412                  W -71.16851369
AN07............................  WTG...............  N 41.09295401                 W -71.14647741
AN09............................  WTG...............  N 41.093767                   W -71.1024035
AN10............................  WTG...............  N 41.09416717                 W -71.08036587
AP06............................  OSS...............  N 41.07587016                 W -71.16796548
AP07............................  WTG...............  N 41.07628273                 W -71.14593476
AP08............................  WTG...............  N 41.07669109                 W -71.12390359
AP09............................  WTG...............  N 41.07709524                 W -71.10187197
AP10............................  WTG...............  N 41.07749518                 W -71.0798399
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    (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 First 
Coast Guard District Commander in the enforcement of the safety zones.
    (c) Regulations. No vessel may enter or remain in this safety zone 
except for the following:
    (1) An attending vessel as defined in 33 CFR 147.20;
    (2) A vessel authorized by the First Coast Guard District Commander 
or a designated representative.
    (d) Request for Permission. Persons or vessels seeking to enter the 
safety zone must request authorization from the First Coast Guard 
District Commander or a designated representative. If permission is 
granted, all persons and vessels must comply with lawful instructions 
of the First Coast Guard District Commander or designated 
representative via VHF-FM channel 16 or by phone at 617-223-8555 (First 
Coast Guard District Command Center).
    (e) Effective and enforcement periods. This section will be 
effective from May 1, 2023, through 11:59 p.m. on December 31, 2023. 
But it will only be enforced during active construction or other 
instances which may cause a hazard to navigation deemed necessary by 
the First Coast Guard District Commander. The First Coast Guard 
District Commander will make notification of the exact dates and times 
in advance of each enforcement period for the locations above in 
paragraph (a) of this section to the local maritime community through 
the Local Notice to Mariners and will issue a Broadcast Notice to 
Mariners via marine channel 16 (VHF-FM) as soon as practicable in 
response to an emergency. If the project is completed before December 
31, 2023, enforcement of the safety zones will be suspended, and notice 
given via Local Notice to Mariners. The First Coast Guard District 
Local Notice to Mariners

[[Page 13752]]

can be found at: https://www.navcen.uscg.gov.

    Dated: February 27, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2023-04306 Filed 3-3-23; 8:45 am]
BILLING CODE 9110-04-P