[Federal Register Volume 89, Number 88 (Monday, May 6, 2024)]
[Rules and Regulations]
[Pages 37130-37134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09754]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 147

[Docket Number USCG-2024-0356]
RIN 1625-AA00


Safety Zone; Revolution Wind Farm Project Area, Outer Continental 
Shelf, Lease OCS-A 0486, Offshore Rhode Island, Atlantic Ocean

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 16 temporary safety zones 
around the construction of each facility during the development of the 
Revolution Wind Farm project area within Federal waters on the Outer 
Continental Shelf, specifically in the Bureau of Ocean Energy 
Management Renewable Energy Lease Area OCS-A 0486, approximately 15 
nautical miles offshore southeast of Point Judith, Rhode Island. This 
action protects life, property, and the environment during construction 
of each facility from May 1, 2024, to May 31, 2024. When enforced, only 
attending vessels and vessels with authorization are permitted to enter 
or remain in the temporary safety zones.

DATES: This rule is effective without actual notice from May 6, 2024, 
through 11:59 p.m. on May 31, 2024. For the purposes of enforcement, 
actual notice will be used from May 1, 2024, until May 6, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0356 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 
proposed 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

BOEM Bureau of Ocean Energy Management
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
OCS Outer Continental Shelf
NAD 83 North American Datum of 1983
NM Nautical Mile

[[Page 37131]]

RWF Revolution Wind Farm
Sec.  Section
U.S.C. United States Code
WTG Wind Turbine Generator

II. Background, Purpose, and Legal Basis

    On February 2, 2024, Orsted, an offshore wind farm developer, 
notified the Coast Guard that they plan to begin construction of the 
Revolution Wind facilities in the Revolution Wind Farm (RWF) 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 0486, approximately 15 nautical miles (NM) 
offshore southeast of Point Judith, Rhode Island, 32 NM southeast of 
the Connecticut coast and 12 NM southwest of Martha's Vineyard, 
Massachusetts. Hence, after determining that establishment of safety 
zones was necessary to provide for the safety of life, property, and 
the environment during the anticipated construction of the structures, 
on March 21, 2024, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled ``Safety Zone; Revolution Wind Farm Project 
Area, Outer Continental Shelf, Lease OCS-A 0486, Offshore Rhode Island, 
Atlantic Ocean'' (89 FR 20150) to begin construction on June 1st. There 
we explained the basis for the NPRM and invited comments on our 
proposed regulatory action related to the establishment of safety zones 
around the construction of 65 Wind Turbine Generators (WTG) and two 
Offshore Sub Stations (OSS) located in the RWF project area. 86 
comments were received during the comment period that ended April 22, 
2024, that are currently being considered before the safety zones are 
modified or extended.
    The Coast Guard is issuing this temporary rule under 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, for 
good cause, the agency finds that those procedures are ``impracticable, 
unnecessary, or contrary to the public interest.'' The Coast Guard 
finds that good cause exists to not complete notice and comment 
procedures in this case because it would be impracticable and contrary 
to the public interest of ensuring the safety of mariners transiting 
the area. After the aforementioned March 21, 2024 NPRM was published, 
the Coast Guard was informed that construction of RWF project area 
could begin as soon as May 1, 2024, leaving insufficient time to 
consider the received comments, and issue a final rule by this 
anticipated date of construction.
    Under 5 U.S.C. 553(d)(3), the Coast Guard also finds that good 
cause exists for making this rule effective less than 30 days after 
publication in the Federal Register considering the anticipated start 
of construction on May 1, 2024. Delaying the effective date of this 
rule would be contrary to public interest because immediate action is 
needed to respond to the potential safety risks associated with the 
extremely complex and unusually hazardous construction of these OCS 
facilities 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, occurring at times within 12 NM of 
shore.

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 Rule

    This rule establishes 16 temporary 500-meter safety zones around 
the construction of 16 WTGs on the OCS from May 1, 2024, through 11:59 
p.m. on May 31, 2024.
    The construction of these facilities is expected to repeatedly 
include the installation of the monopile type foundations followed by 
the installation of the upper structures for all 16 facilities. Major 
construction activity could take place at several locations 
simultaneously in the lease area for these 16 facilities. The Coast 
Guard will 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.
    Additional information about the construction process of the RWF 
can be found at https://www.boem.gov/renewable-energy/state-activities/revolution-wind.
    The 16 temporary 500-meter safety zones around the construction of 
the WTGs are in the RWF project area, specifically in the BOEM 
Renewable Energy Lease Area OCS-A 0486, approximately 15 nautical NM 
offshore southeast of Point Judith, Rhode Island, 32 NM southeast of 
the Connecticut coast and 12 NM southwest of Martha's Vineyard, 
Massachusetts.
    The positions of each individual safety zone are referred to using 
a unique alpha-numeric naming convention outlined in the ``Rhode Island 
and Massachusetts Structure Labeling Plot (West) \1\''.
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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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    Aligning with authorities under 33 CFR 147.15, the temporary safety 
zones will include the area within 500-meters of the center point of 
the positions provided in the table below expressed in Degrees ([deg]) 
Minutes (') (DM) based on North American Datum 1983 (NAD 83).

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                 Name                          Facility type                         Latitude                                  Longitude
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AE06..................................  WTG                         41[deg]13.555' N                           71[deg]10.367' W
AE07..................................  WTG                         41[deg]13.575' N                           71[deg]09.050' W
AE10..................................  WTG                         41[deg]13.652' N                           71[deg]05.081' W
AE11..................................  WTG                         41[deg]13.676' N                           71[deg]03.763' W
AF05..................................  WTG                         41[deg]12.528' N                           71[deg]11.647' W
AG06..................................  WTG                         41[deg]11.554' N                           71[deg]10.302' W
AJ02..................................  WTG                         41[deg]09.452' N                           71[deg]15.530' W

[[Page 37132]]

 
AK12..................................  WTG                         41[deg]08.699' N                           71[deg]02.260' W
AL21..................................  WTG                         41[deg]07.887' N                           70[deg]50.387' W
AM21..................................  WTG                         41[deg]06.904' N                           70[deg]50.325' W
AN13..................................  WTG                         41[deg]05.675' N                           71[deg]00.836' W
AN16..................................  WTG                         41[deg]05.792' N                           70[deg]56.911' W
AP13..................................  WTG                         41[deg]04.731' N                           71[deg]00.873' W
AP14..................................  WTG                         41[deg]04.746' N                           70[deg]59.423' W
AP15..................................  WTG                         41[deg]04.766' N                           70[deg]58.180' W
AP16..................................  WTG                         41[deg]04.788' N                           70[deg]56.858' W
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    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 617-603-1560 (First Coast Guard District Command Center). If 
permission is granted, all persons and vessels shall comply with the 
instructions of the First Coast Guard District Commander or designated 
representative.
    The Proposed Regulatory Text Appears at the End of This Document.

IV. 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 Executive Order 12866. 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 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 RWF, 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, 2024, 
through May 31, 2024, vessels would only be prohibited from the 
regulated zone during periods of actual construction activity in 
conjunction with the period of enforcement. We expect the enforcement 
period at each location to last for a short period. 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.
    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.
    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 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

[[Page 37133]]

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 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 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 rule involves the establishment 
of a safety zone around an OCS facility to protect life, property, and 
the marine environment. It is categorically excluded from further 
review under paragraph L60 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.

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 
amending 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.T01-0356 to read as follows:


Sec.  147.T01-0356  Safety Zone; Revolution Wind Farm Project Area, 
Outer Continental Shelf, Lease OCS-A 0486, 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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AE06..................................  WTG                         41[deg]13.555' N                           71[deg]10.367' W
AE07..................................  WTG                         41[deg]13.575' N                           71[deg]09.050' W
AE10..................................  WTG                         41[deg]13.652' N                           71[deg]05.081' W
AE11..................................  WTG                         41[deg]13.676' N                           71[deg]03.763' W
AF05..................................  WTG                         41[deg]12.528' N                           71[deg]11.647' W
AG06..................................  WTG                         41[deg]11.554' N                           71[deg]10.302' W
AJ02..................................  WTG                         41[deg]09.452' N                           71[deg]15.530' W
AK12..................................  WTG                         41[deg]08.699' N                           71[deg]02.260' W
AL21..................................  WTG                         41[deg]07.887' N                           70[deg]50.387' W
AM21..................................  WTG                         41[deg]06.904' N                           70[deg]50.325' W
AN13..................................  WTG                         41[deg]05.675' N                           71[deg]00.836' W
AN16..................................  WTG                         41[deg]05.792' N                           70[deg]56.911' W
AP13..................................  WTG                         41[deg]04.731' N                           71[deg]00.873' W
AP14..................................  WTG                         41[deg]04.746' N                           70[deg]59.423' W
AP15..................................  WTG                         41[deg]04.766' N                           70[deg]58.180' W
AP16..................................  WTG                         41[deg]04.788' N                           70[deg]56.858' W
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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 617-603-1560 (First 
Coast Guard District Command Center).
    (e) Effective and enforcement periods. This section will be 
effective from May 1, 2024, through 11:59 p.m. on May 31, 2024. 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

[[Page 37134]]

completed before May 31, 2024, 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 30, 2024.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2024-09754 Filed 5-3-24; 8:45 am]
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