[Federal Register Volume 89, Number 86 (Thursday, May 2, 2024)]
[Rules and Regulations]
[Pages 35709-35712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09538]



[[Page 35709]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 147

[Docket Number USCG-2023-0277]
RIN 1625-AA00


Safety Zone; Vineyard Wind 1 Wind Farm Project Area, Outer 
Continental Shelf, Lease OCS-A 0501, Offshore Massachusetts, Atlantic 
Ocean

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule and request for comments.

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SUMMARY: The Coast Guard is extending the effective period for the 63 
temporary 500-meter safety zones around the construction of each 
facility during the development of the Vineyard Wind 1 Wind Farm 
project area within federal waters on the Outer Continental Shelf, 
approximately 12 nautical miles offshore of Martha's Vineyard, 
Massachusetts. This rule extends the effective period of the existing 
safety zones for an additional two years. The safety zones will now end 
on May 31, 2026. When enforced, only attending vessels and vessels with 
authorization are permitted to enter or remain in the safety zones.

DATES: This temporary interim rule is effective from June 1, 2024, 
through May 31, 2026. Comments and related material must be received by 
the Coast Guard on or before July 31, 2024.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0277 using the Federal eRulemaking 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. To view documents mentioned in 
this preamble as being available in the docket, go to https://www.regulations.gov, type USCG-2023-0277 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 
rulemaking, call or email Mr. Craig Lapiejko, Waterways Management, at 
Coast Guard First District, telephone 617-603-8592, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
ESP Electrical Service Platform
FR Federal Register
NPRM Notice of Proposed Rulemaking
OCS Outer Continental Shelf
NM Nautical Mile
Sec.  Section
U.S.C. United States Code
WTG Wind Turbine Generator
VHF-FM Very High Frequency--Frequency Modulation
VW1WF Vineyard Wind 1 Wind Farm

II. Background, Purpose, and Legal Basis

    On June 30, 2023, the Coast Guard published a temporary final rule 
(TFR) establishing 63 temporary 500-meter safety zones around the 
construction of 62 wind turbine generators (WTGs) and one electrical 
service platform (ESP) located in the Vineyard Wind 1 Wind Farm (VW1WF) 
project area within federal waters on the Outer Continental Shelf 
(OCS), specifically in the northern portion of Bureau of Ocean Energy 
Management Renewable Energy Lease Area OCS-A 0501, approximately 12 
nautical miles (NM) offshore of Martha's Vineyard, Massachusetts and 12 
NM offshore Nantucket, Massachusetts. (88 FR 42237).
    The Coast Guard originally published a temporary rule to be 
effective, and enforceable, through May 31, 2024. We are now extending 
it to May 31, 2026, to provide more time for the completion of the 
installation of the WTG structures. This rule extends the effective 
period of the safety zones for two years until May 31, 2026.
    The First Coast Guard District Commander has determined that 
extension of the 63 safety zones through rulemaking is warranted to 
ensure the safety of life, property, and the environment within a 500-
meter radius of each of the 63 facilities during their construction.
    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
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.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to extending the effective period for the safety zone 
because doing so would be impracticable and contrary to the public 
interest. The Coast Guard did not receive sufficient notice that the 
windfarm construction would not be completed until May 31, 2026, to 
allow time to publish an NPRM, reviewing public comment, and publishing 
a subsequent rule. Providing this prior public notice and opportunity 
to comment is contrary to the public's interest and impracticable 
because doing so could result in a lapse in the safety zone's 
enforceability, and safety concerns with vessels and persons transiting 
too close to the construction efforts. Immediate action is needed to 
protect persons and property from the potential dangers associated with 
the construction.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this temporary interim rule effective less than 30 
days after publication in the Federal Register. The current temporary 
final rule around the windfarm construction ends on May 31, 2024, but 
the construction will be ongoing after that date. Delaying the 
effective date of this temporary interim rule would be contrary to the 
public's interest and impracticable because action is needed starting 
June 1, 2024, to protect persons and vessels from the potential safety 
hazards associated with the ongoing windfarm construction.
    We are soliciting comments on the extension of the enforcement 
period of this safety zone. 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 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.

IV. Discussion of Comments, Changes, and the Rule

    This rule extends the effective period of the 63 temporary 500-
meter safety zones around the construction of 62 WTGs and one ESP on 
the OCS for two

[[Page 35710]]

additional years until May 31, 2026. When enforced, this rule will 
continue to prohibit unauthorized vessel or person to enter the safety 
zone without obtaining permission from the First Coast Guard District 
Commander or a designated representative. All other requirements in the 
temporary safety zone issued on June 30, 2023 (88 FR 42237) remain the 
same.
    If the project is completed before May 31, 2026, enforcement of the 
safety zones will be suspended, and notice given via Local Notice to 
Mariners.

V. Regulatory Analyses

    We developed this 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 as amended by 
Executive Order 14094 (Modernizing Regulatory Review). Accordingly, the 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    Aligning with 33 CFR 147.15, the safety zones established will 
extend to a maximum distance of 500-meters around the OCS facility 
measured from its center point. Vessel traffic will be able to safely 
transit around the safety zones, which will impact a small, designated 
area in the Atlantic Ocean, without significant impediment to their 
overall voyage. These safety zones are necessary to provide for the 
safety of life, property, and the environment during the construction 
of each structure, in accordance with Coast Guard maritime safety 
missions and the First Coast Guard District Commander's finding.

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 received zero comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this 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 VW1WF, some of which might be small entities. 
However, these safety zones will 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 will continue to be in effect through May 31, 2026, 
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. 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 will also be able to request deviation from this rule to 
transit through a safety zone. Such requests will 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.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist all small 
entities in understanding this temporary final 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 temporary final 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 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.

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

F. Environment

    We have analyzed this final 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

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of a category of actions that do not individually or cumulatively have 
a significant effect on the human environment. This rule involves the 
establishment of safety zones around an OCS facility to protect life, 
property, and the marine environment. It is categorically excluded from 
further review under paragraph L60(a) 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-2023-0277 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 
temporary interim 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 temporary interim rule, you should see a ``Subscribe'' option 
for email alerts. The option will notify you when comments are posted, 
or a subsequent document 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 147

    Continental shelf, Marine safety, Navigation (waters).

    For the reasons discussed in the preamble, the Coast Guard amends 
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. Revise and republish Sec.  147.T01-0277 to read as follows:


Sec.  147.T01-0277   Safety Zones; Vineyard Wind 1 Wind Farm Project 
Area, Outer Continental Shelf, Lease OCS-A 0501, Offshore 
Massachusetts, Atlantic Ocean.

    (a) Description. The area within 500-meters of the center point of 
the positions provided in the following table 1 to paragraph (a) is a 
safety zone:

                                            Table 1 to Paragraph (a)
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             Name                  Facility type               Latitude                      Longitude
----------------------------------------------------------------------------------------------------------------
AL38..........................  WTG                 N 41.1370161                   W -70.4638911
AM37..........................  ESP                 N 41.1200616                   W -70.4851682
AM38..........................  WTG                 N 41.1203387                   W -70.4635204
AM39..........................  WTG                 N 41.1206168                   W -70.4414663
AN36..........................  WTG                 N 41.1030927                   W -70.5072461
AN37..........................  WTG                 N 41.1033791                   W -70.4851982
AN38..........................  WTG                 N 41.1036612                   W -70.4631500
AN39..........................  WTG                 N 41.1039392                   W -70.4411014
AP35..........................  WTG                 N 41.0861251                   W -70.5289069
AP36..........................  WTG                 N 41.0864155                   W -70.5068649
AP37..........................  WTG                 N 41.0867017                   W -70.4848226
AP38..........................  WTG                 N 41.0869837                   W -70.4627799
AP39..........................  WTG                 N 41.0872615                   W -70.4407369
AP40..........................  WTG                 N 41.0875351                   W -70.4186937
AP41..........................  WTG                 N 41.0878044                   W -70.3966501
AQ34..........................  WTG                 N 41.0691535                   W -70.5505566
AQ35..........................  WTG                 N 41.0694480                   W -70.5285205
AQ36..........................  WTG                 N 41.0697382                   W -70.5064840
AQ37..........................  WTG                 N 41.0700243                   W -70.4844472
AQ38..........................  WTG                 N 41.0703061                   W -70.4624101
AQ39..........................  WTG                 N 41.0705837                   W -70.4403727
AQ40..........................  WTG                 N 41.0708571                   W -70.4183350
AQ41..........................  WTG                 N 41.0711263                   W -70.3962970
AQ42..........................  WTG                 N 41.0713913                   W -70.3742587
AR33..........................  WTG                 N 41.0521781                   W -70.5721951
AR34..........................  WTG                 N 41.0524766                   W -70.5501649
AR35..........................  WTG                 N 41.0527709                   W -70.5281343

[[Page 35712]]

 
AR36..........................  WTG                 N 41.0530609                   W -70.5061034
AR37..........................  WTG                 N 41.0533468                   W -70.4840722
AR38..........................  WTG                 N 41.0536285                   W -70.4620407
AR39..........................  WTG                 N 41.0539059                   W -70.4400088
AR40..........................  WTG                 N 41.0541792                   W -70.4179767
AR41..........................  WTG                 N 41.0544482                   W -70.3959442
AR42..........................  WTG                 N 41.0547130                   W -70.3739115
AS32..........................  WTG                 N 41.0351987                   W -70.5938225
AS33..........................  WTG                 N 41.0355012                   W -70.5717982
AS34..........................  WTG                 N 41.0357995                   W -70.5497735
AS35..........................  WTG                 N 41.0360937                   W -70.5277485
AS36..........................  WTG                 N 41.0363836                   W -70.5057231
AS37..........................  WTG                 N 41.0366693                   W -70.4836975
AS38..........................  WTG                 N 41.0369508                   W -70.4616715
AS39..........................  WTG                 N 41.0372281                   W -70.4396452
AS40..........................  WTG                 N 41.0375012                   W -70.4176186
AS41..........................  WTG                 N 41.0377701                   W -70.3955918
AS42..........................  WTG                 N 41.0380347                   W -70.3735646
AT33..........................  WTG                 N 41.0188243                   W -70.5714016
AT34..........................  WTG                 N 41.0191225                   W -70.5493824
AT35..........................  WTG                 N 41.0194164                   W -70.5273630
AT36..........................  WTG                 N 41.0197062                   W -70.5053432
AT37..........................  WTG                 N 41.0199917                   W -70.4833231
AT38..........................  WTG                 N 41.0202731                   W -70.4613027
AT39..........................  WTG                 N 41.0205502                   W -70.4392819
AT40..........................  WTG                 N 41.0208231                   W -70.4172609
AT41..........................  WTG                 N 41.0210918                   W -70.3952396
AU36..........................  WTG                 N 41.0030287                   W -70.5049636
AU37..........................  WTG                 N 41.0033141                   W -70.4829490
AU38..........................  WTG                 N 41.0035953                   W -70.4609341
AU39..........................  WTG                 N 41.0038722                   W -70.4389190
AU40..........................  WTG                 N 41.0041450                   W -70.4169035
AV37..........................  WTG                 N 40.9866364                   W -70.4825752
AV38..........................  WTG                 N 40.9869174                   W -70.4605659
AV39..........................  WTG                 N 40.9871942                   W -70.4385563
AW38..........................  WTG                 N 40.9702395                   W -70.4601980
----------------------------------------------------------------------------------------------------------------

    (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 the safety zones 
described in paragraph (a) of this section 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 617-223-1560 (First 
Coast Guard District Command Center).
    (e) Effective and enforcement periods. This section is effective 
from June 27, 2023, through 11:59 p.m. on May 31, 2026. 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 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 May 31, 2026, 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 can be found 
at: http://www.navcen.uscg.gov.

    Dated: April 27, 2024.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 2024-09538 Filed 5-1-24; 8:45 am]
 BILLING CODE 9110-04-P