[Federal Register Volume 89, Number 96 (Thursday, May 16, 2024)]
[Rules and Regulations]
[Pages 42799-42805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10743]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 147
[Docket Number USCG-2024-0134]
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.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 67 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 June 1, 2024, to May 31, 2027. 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 from June 1, 2024, through 11:59 p.m. on
May 31, 2027.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0134 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
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
RWF Revolution Wind Farm
Sec. Section
U.S.C. United States Code
WTG Wind Turbine Generator
LNM Local Notice to Mariners
BNM Broadcast Notice to Mariners
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 in June 2024.
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). 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. Eighty-six comments were received during the comment period that
ended April 22, 2024.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The comment period for the NPRM
associated with the RWF project area ended on April 22, 2024, and
construction for the project has already begun. Thus, there is
insufficient time to allow for 30-days before the rule becomes
effective. 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.
Based on these circumstances, the First Coast Guard District
Commander has determined that establishment of 67 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 67 facilities
during their construction.
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
As noted above, the Coast Guard received 86 public comments on the
NPRM published March 21, 2024. Three of the 86 comments were supportive
of the 67 temporary 500-meter safety zones while the remaining 83 were
opposed. One commenter who supported the rulemaking, provided three
recommendations. Another supporter of our proposed rule sought
clarification of the rule in their comment. A third supporter of the
rule requested the Coast Guard consider conducting a radar interference
and additional studies. Those opposing the NPRM communicated this
opposition relative to wind farm construction in general and not
necessarily regarding our proposed rule and the enforcement of
[[Page 42800]]
safety zones around this construction. Six commenters expressed
specific opposition to taxpayer dollars being used for the enforcement
of safety zones around the construction of private facilities and
stated that the developer should be held responsible for the financial
burden. Three commenters expressed their concerns with our review of
the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) without
any further specificity on their contentions. One commenter questioned
the need for safety zones for this particular offshore construction
project as compared to offshore drilling platforms in the Gulf of
Mexico. We provide a detailed discussion below in response to each
comment.
One commenter who agreed with our proposed rule to create 67
temporary 500-meter safety zones during construction of these OCS
facilities to protect life, property, and the environment, and
supported the proposed rule, offered three recommendations for the
Coast Guard to consider.
First, the commenter expressed their concern that a 500-meter
safety zone was insufficient and recommended we extend the safety zones
500-meters by originating the measurement from the outer perimeter of
attending, primary construction vessels once those vessels have
achieved stationary position to conduct construction activities vice
from the center point of the construction site. For clarity and
consistency for mariners working in and transiting the area, we believe
that enforcement of the 500-meter zone from the center point of
construction as a fixed geographic position is most appropriate for
this offshore construction project. Using the center point of
construction to base the location of the safety zone ensures there is a
balance between ensuring safety and reducing impact on vessel transit.
Second, the commenter recommended we clarify the term ``local
officer'' as used in the definition of ``designated representative''
and expand the definition of ``designated representative'' to include
an appropriate employee or contractor of Orsted to facilitate
navigation around and through the safety zones and enhance effective
communications when safety zones are enforced. We agree with the
recommendation to clarify term ``local officer'' and will add the
following definition in the regulatory text: the term ``local officer''
as used in the definition ``designated representative'' for this
rulemaking means ``any officer, agent, or employee of a unit of local
government authorized by law or by a local government agency to engage
in or supervise the prevention, detection, investigation, or
prosecution of any violation of criminal law.'' However, the Coast
Guard does not agree with the commenter's other recommendation to
expand the definition of ``designated representative'' in our proposed
rule to include employees of Orsted, or their contractors. The Coast
Guard finds no compelling need to broaden the definitional reach of the
term ``designated representative'' or the authority to permit passage
through and around the enforced safety zone based on the particular
details of this offshore construction project, to include, the short
duration of the enforcement period (possibly lasting less than one week
depending on weather and other factors), the reduced vessel traffic in
areas of construction, and the types of larger vessels that are most
likely to navigate in the vicinity of the safety zones (commercial
shipping, fishing, larger recreational vessels, and tugs with tows).
The details of this offshore construction project suggest that those
currently included in the definition of ``designated representative''
can properly ensure enforcement and administration of the rulemaking.
Moreover, maintaining designation to 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 will ensure consistent application.
Finally, the commenter suggested the Coast Guard not specify the
duration that a safety zone may be enforced during active construction
to accommodate delays in construction due to weather and other factors.
In a previous similar offshore construction project, the developer
estimated a 48-hour total active construction time, which translated to
an estimated 48-hour enforcement period for each phase of the project.
For this offshore construction project, the developer finds the 48-hour
timeframe to be unrealistic, however. We do believe that providing an
estimated time frame of safety zone enforcement is important to help
the mariner understand any impacts on their intend voyage and alter
course as needed and agree with the commenter that delays due to
weather and other factors may extend the original period of
construction. Accordingly, the Coast Guard finds that an enforcement
period correlated to a regularly updated date range published in the
weekly Local Notice to Mariners (LNM) is the best option because it is
easily interpreted, reliable, and enforceable risk mitigation.
Therefore, for this project and for voyage planning purposes, mariners
should understand that it is possible that the enforcement period for a
safety zone cited in the LNM could last for the entirety of the week
due to the uncertainty of the active construction period. If active
construction at a particular facility is completed before publishing of
the next weekly LNM, a Broadcast Notice to Mariners (BNM) will
broadcast the suspension of safety zone enforcement. As stated in our
proposed rule, the Coast Guard's intention in enforcing safety zones
during active construction and suspending enforcement when there is no
construction is to reduce the regulatory burden on the mariner.
One commenter supported our proposed rule to create 67 temporary
500-meter safety zones during construction of these OCS facilities to
protect life, property, and the environment, but requested additional
clarification to the rule. The commenter specifically asked, ``how many
safety zones would be active at any given time?'' The Coast Guard's
response is, the 67 temporary safety zones could be enforced
individually or simultaneously at several locations for a period
lasting up to one week as construction progresses throughout the RWF
project area. The commenter also asked, ``will there be a website to
check the open or closed zones, which is updated regularly?'' In
response, the Coast Guard will make notice of each enforcement period
via the LNM and issue a BNM via marine channel 16 (VHF-FM) as soon as
practicable in response to an emergency or hazardous condition. The
First Coast Guard District LNM can be found at: http://www.navcen.uscg.gov. The commenter also asked, ``since each zone is \1/
4\ mile and the pilings are 1 mile apart, there's a \1/2\ mile corridor
between each and all, correct?'' In response, this is generally correct
but not exact and in some instances the distance may be considerably
less than a \1/2\ nm. We interpret the commenter's question to be aimed
at determining if a safety zone is being enforced at adjacent
facilities simultaneously what would be the available sea lane for a
vessel to transit safely between the safety zones. In response to this
interpretation, when enforced, there will be a 500-meter regulated area
around the construction of each facility. The mariner may consider each
facility to be roughly built, based on guidelines, at approximately 1
nm spacing. In
[[Page 42801]]
addition, the mariner should account for the amount of spacing between
facilities base on the vessel's direction of travel and the orientation
of the facilities to each other and the vessel. The Coast Guard
recommends that mariners transiting in the vicinity of the wind energy
construction areas to maintain a proper watch and assess all risk
factors during its voyage. Lastly, the commenter asked, ``has the
company provided a construction timeline for the work, perhaps by name
(AE06 for example) and sector?'' Additional information about the
construction process of the RWF project area can be found at https://www.boem.gov/renewable-energy/state-activities/revolution-wind or at
https://revolution-wind.com/resources-and-faqs/construction-updates.
One commenter agreed with our proposed rule to create 67 temporary
500-meter safety zones during construction of these OCS facilities to
protect life, property, and the environment but, requested the Coast
Guard consider conducting a radar interference and additional studies.
The commenter also stated that the economic impacts of the RWF have not
been analyzed by BOEM correctly and therefore the Coast Guard is now
required to conduct the analysis.
The commenter expressed their concerns about possible radar
interference and the Coast Guard's ability to operate and conduct
search and rescue within RWF and requested the Coast Guard conduct
additional studies and modeling analysis as a part of this rule. The
Coast Guard acknowledges these concern and requests. However, the
purpose of this rulemaking is to establish 67 temporary safety zones
around the construction of each facility during the development of the
RWF project area, which is unrelated to the commenter's concerns. Also,
the First Coast Guard District has factored applicable statutes and
regulations into this rule, as cited in Section III.
The same commenter also stated that the economic impacts of the RWF
have not been analyzed by BOEM as part of the FEIS correctly and
therefore this analysis is now required to be conducted be the Coast
Guard. While this rule may affect some owners or operators of small
entities, the Coast Guard believes these safety zones will have a
minimal economic impact because the safety zones are temporarily
enforced, allow for deviation requests, and do not significantly impact
transits. Vessels will only be prohibited from the regulated zone
during periods of actual construction activity. The Coast Guard
anticipates the enforcement period at each location to last anywhere
from 48-hours to less than one week. Vessel traffic will be able to
pass safely around each safety zone using an alternate route. Use of an
alternate route will likely cause minimal delay for vessels in reaching
their destination depending on other traffic in the area and vessel
speeds. Vessels will be permitted to request deviations 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.
Six commenters expressed specific opposition to taxpayer dollars
being used for the enforcement of safety zones around the construction
of private facilities and stated that the developer should be held
responsible for the financial burden. The Coast Guard acknowledges
these comments and concerns. Coast Guard authorities direct us to
assess the potential safety risks associated with such complex and
unusually hazardous construction projects, whether publicly or
privately funded, and require establishment of the safety zones to
ensure the safety of life, property, and the environment when such
hazards exist.
Three commenters expressed their concerns with our review generally
of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) which
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. Without having a more specific
understanding of the commenters concerns to comment on, the Coast Guard
maintains the belief that this rule would not result in any 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.
One commenter questioned the need for safety zones for this
offshore construction project as compared to offshore drilling in the
Gulf of Mexico. The Coast Guard acknowledges this comment but
disagrees. Although there are some similarities between offshore wind
facilities and offshore drilling platforms, the Coast Guard finds
significant differences exist, warranting different considerations in
the assessment for safety zones. The Coast Guard would also like to
stress that this rule focuses on the enforcement of safety zones during
the initial active construction of the facility, which will cease upon
completion and installation, not the establishment of permanent safety
zones. As we stated in our NPRM, 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 67
temporary 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 67 facilities during their construction. Additionally,
the Coast Guard is establishing these 67 safety zones to be temporary
in nature and only effective and enforceable during periods of active
construction through May 31, 2027. If the project is completed before
May 31, 2027, enforcement of the safety zones will be suspended, and
notice given via LNM. Any desire by the Coast Guard to create permanent
safety zones would require addition notice and comment rulemaking.
After considering the comments discussed above, the Coast Guard
determined that no additional changes other than adding a definition
for ``local officer'' should be made to the regulatory text based on
these comments. As written, the Coast Guard believes that the rule
ensures consistency, sufficient notice, and improved safety while
minimizing impact on vessel transit.
There is one change to the regulatory text of this rule from the
NPRM. As discussed in comments above, we are adding a definition to the
term ``local officer''. The term ``local officer'' as used in the
definition ``designated representative'' for this rulemaking means
``any officer, agent, or employee of a unit of local government
authorized by law or by a local government agency to engage in or
supervise the prevention, detection, investigation, or prosecution of
any violation of criminal law.''
This rule establishes 67 temporary 500-meter safety zones around
the construction of 65 WTGs and two OSS on the OCS from June 1, 2024,
through 11:59 p.m. on May 31, 2024.
The 67 temporary safety zones could be enforced individually or
simultaneously at several locations for a period lasting up to one week
as construction progresses throughout the RWF project area. The Coast
Guard will
[[Page 42802]]
make notice of each enforcement period via the LNM and issue a BNM 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 May 31, 2027, to
encompass any construction delays due to weather or other unforeseen
circumstances. If the project is completed before May 31, 2027,
enforcement of the safety zones will be suspended, and notice given via
Local Notice to Mariners.
Additional information about the construction process of the RWF
project area can be found at https://www.boem.gov/renewable-energy/state-activities/revolution-wind.
The 67 temporary 500-meter safety zones around the construction of
65 WTGs and two OSS 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 in 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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Aligning with authorities under 33 CFR 147.15, the 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).
Table 1 to Paragraph (a)
----------------------------------------------------------------------------------------------------------------
Name Facility Type Latitude Longitude
----------------------------------------------------------------------------------------------------------------
AE06.............................. WTG.................. 41[deg]13.555' N 71[deg]10.367' W
AE07.............................. WTG.................. 41[deg]13.575' N 71[deg]09.050' W
AE08.............................. WTG.................. 41[deg]13.603' N 71[deg]07.719' W
AE09.............................. WTG.................. 41[deg]13.632' N 71[deg]06.402' 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
AF06.............................. WTG.................. 41[deg]12.554' N 71[deg]10.336' W
AF08.............................. OSS.................. 41[deg]12.607' N 71[deg]07.702' W
AF09.............................. WTG.................. 41[deg]12.628' N 71[deg]06.375' W
AF10.............................. WTG.................. 41[deg]12.652' N 71[deg]05.051' W
AF11.............................. WTG.................. 41[deg]12.676' N 71[deg]03.738' W
AG04.............................. WTG.................. 41[deg]11.504' N 71[deg]12.944' W
AG05.............................. WTG.................. 41[deg]11.529' N 71[deg]11.625' W
AG06.............................. WTG.................. 41[deg]11.554' N 71[deg]10.302' W
AG07.............................. WTG.................. 41[deg]11.579' N 71[deg]08.984' W
AG08.............................. WTG.................. 41[deg]11.606' N 71[deg]07.660' W
AG09.............................. WTG.................. 41[deg]11.625' N 71[deg]06.359' W
AH04.............................. WTG.................. 41[deg]10.503' N 71[deg]12.921' W
AH05.............................. WTG.................. 41[deg]10.529' N 71[deg]11.594' W
AH06.............................. WTG.................. 41[deg]10.548' N 71[deg]10.276' W
AH07.............................. WTG.................. 41[deg]10.586' N 71[deg]08.946' W
AH08.............................. WTG.................. 41[deg]10.610' N 71[deg]07.622' W
AH09.............................. WTG.................. 41[deg]10.632' N 71[deg]06.307' W
AJ02.............................. WTG.................. 41[deg]09.452' N 71[deg]15.530' W
AJ03.............................. WTG.................. 41[deg]09.470' N 71[deg]14.213' W
AJ04.............................. WTG.................. 41[deg]09.502' N 71[deg]12.896' W
AJ05.............................. WTG.................. 41[deg]09.528' N 71[deg]11.478' W
AJ06.............................. WTG.................. 41[deg]09.563' N 71[deg]10.243' W
AJ07.............................. WTG.................. 41[deg]09.578' N 71[deg]08.919' W
AJ08.............................. WTG.................. 41[deg]09.604' N 71[deg]07.612' W
AJ09.............................. WTG.................. 41[deg]09.633' N 71[deg]06.319' W
AJ10.............................. WTG.................. 41[deg]09.638' N 71[deg]04.949' W
AJ11.............................. OSS.................. 41[deg]09.675' N 71[deg]03.617' W
AJ12.............................. WTG.................. 41[deg]09.695' N 71[deg]02.297' W
AJ13.............................. WTG.................. 41[deg]09.737' N 71[deg]00.954' W
AJ14.............................. WTG.................. 41[deg]09.748' N 70[deg]59.654' W
AJ15.............................. WTG.................. 41[deg]09.757' N 70[deg]58.367' W
AK10.............................. WTG.................. 41[deg]08.654' N 71[deg]04.935' W
AK12.............................. WTG.................. 41[deg]08.699' N 71[deg]02.260' W
AL10.............................. WTG.................. 41[deg]07.652' N 71[deg]04.840' W
AL11.............................. WTG.................. 41[deg]07.666' N 71[deg]03.554' W
AL12.............................. WTG.................. 41[deg]07.652' N 71[deg]02.224' W
AL18.............................. WTG.................. 41[deg]07.834' N 70[deg]54.300' W
AL19.............................. WTG.................. 41[deg]07.856' N 70[deg]52.968' W
AL20.............................. WTG.................. 41[deg]07.876' N 70[deg]51.651' W
AL21.............................. WTG.................. 41[deg]07.887' N 70[deg]50.387' W
AM11.............................. WTG.................. 41[deg]06.666' N 71[deg]03.547' W
AM12.............................. WTG.................. 41[deg]06.680' N 71[deg]02.252' W
AM14.............................. WTG.................. 41[deg]06.705' N 70[deg]59.567' W
AM17.............................. WTG.................. 41[deg]06.796' N 70[deg]55.614' W
[[Page 42803]]
AM18.............................. WTG.................. 41[deg]06.833' N 70[deg]54.272' W
AM19.............................. WTG.................. 41[deg]06.862' N 70[deg]52.937' W
AM20.............................. WTG.................. 41[deg]06.877' N 70[deg]51.626' W
AM21.............................. WTG.................. 41[deg]06.904' N 70[deg]50.325' W
AN11.............................. WTG.................. 41[deg]05.666' N 71[deg]03.499' W
AN12.............................. WTG.................. 41[deg]05.703' N 71[deg]02.118' W
AN13.............................. WTG.................. 41[deg]05.675' N 71[deg]00.836' W
AN14.............................. WTG.................. 41[deg]05.801' N 70[deg]59.538' W
AN15.............................. WTG.................. 41[deg]05.760' N 70[deg]58.223' W
AN16.............................. WTG.................. 41[deg]05.792' N 70[deg]56.911' W
AP11.............................. WTG.................. 41[deg]04.671' N 71[deg]03.482' W
AP12.............................. WTG.................. 41[deg]04.697' N 71[deg]02.144' 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
----------------------------------------------------------------------------------------------------------------
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 866-842-1560 (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 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. 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 TFR has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the TFR
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 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 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 June 1, 2024,
through May 31, 2027, 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 to one week, as
construction progresses throughout the RFW project area. 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 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 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. 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.
[[Page 42804]]
C. Collection of Information
This 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 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. If
you believe this 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 rule would not result
in such an expenditure, we do discuss the potential effects of this
rule elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have 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.T01-0134 to read as follows:
Sec. 147.T01-0134 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 table 1 is a safety zone:
Table 1 to Paragraph (a)
----------------------------------------------------------------------------------------------------------------
Name Facility type Latitude Longitude
----------------------------------------------------------------------------------------------------------------
AE06.............................. WTG.................. 41[deg]13.555' N 71[deg]10.367' W
AE07.............................. WTG.................. 41[deg]13.575' N 71[deg]09.050' W
AE08.............................. WTG.................. 41[deg]13.603' N 71[deg]07.719' W
AE09.............................. WTG.................. 41[deg]13.632' N 71[deg]06.402' 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
AF06.............................. WTG.................. 41[deg]12.554' N 71[deg]10.336' W
AF08.............................. OSS.................. 41[deg]12.607' N 71[deg]07.702' W
AF09.............................. WTG.................. 41[deg]12.628' N 71[deg]06.375' W
AF10.............................. WTG.................. 41[deg]12.652' N 71[deg]05.051' W
AF11.............................. WTG.................. 41[deg]12.676' N 71[deg]03.738' W
AG04.............................. WTG.................. 41[deg]11.504' N 71[deg]12.944' W
AG05.............................. WTG.................. 41[deg]11.529' N 71[deg]11.625' W
AG06.............................. WTG.................. 41[deg]11.554' N 71[deg]10.302' W
AG07.............................. WTG.................. 41[deg]11.579' N 71[deg]08.984' W
AG08.............................. WTG.................. 41[deg]11.606' N 71[deg]07.660' W
AG09.............................. WTG.................. 41[deg]11.625' N 71[deg]06.359' W
AH04.............................. WTG.................. 41[deg]10.503' N 71[deg]12.921' W
AH05.............................. WTG.................. 41[deg]10.529' N 71[deg]11.594' W
AH06.............................. WTG.................. 41[deg]10.548' N 71[deg]10.276' W
AH07.............................. WTG.................. 41[deg]10.586' N 71[deg]08.946' W
AH08.............................. WTG.................. 41[deg]10.610' N 71[deg]07.622' W
AH09.............................. WTG.................. 41[deg]10.632' N 71[deg]06.307' W
AJ02.............................. WTG.................. 41[deg]09.452' N 71[deg]15.530' W
AJ03.............................. WTG.................. 41[deg]09.470' N 71[deg]14.213' W
[[Page 42805]]
AJ04.............................. WTG.................. 41[deg]09.502' N 71[deg]12.896' W
AJ05.............................. WTG.................. 41[deg]09.528' N 71[deg]11.478' W
AJ06.............................. WTG.................. 41[deg]09.563' N 71[deg]10.243' W
AJ07.............................. WTG.................. 41[deg]09.578' N 71[deg]08.919' W
AJ08.............................. WTG.................. 41[deg]09.604' N 71[deg]07.612' W
AJ09.............................. WTG.................. 41[deg]09.633' N 71[deg]06.319' W
AJ10.............................. WTG.................. 41[deg]09.638' N 71[deg]04.949' W
AJ11.............................. OSS.................. 41[deg]09.675' N 71[deg]03.617' W
AJ12.............................. WTG.................. 41[deg]09.695' N 71[deg]02.297' W
AJ13.............................. WTG.................. 41[deg]09.737' N 71[deg]00.954' W
AJ14.............................. WTG.................. 41[deg]09.748' N 70[deg]59.654' W
AJ15.............................. WTG.................. 41[deg]09.757' N 70[deg]58.367' W
AK10.............................. WTG.................. 41[deg]08.654' N 71[deg]04.935' W
AK12.............................. WTG.................. 41[deg]08.699' N 71[deg]02.260' W
AL10.............................. WTG.................. 41[deg]07.652' N 71[deg]04.840' W
AL11.............................. WTG.................. 41[deg]07.666' N 71[deg]03.554' W
AL12.............................. WTG.................. 41[deg]07.652' N 71[deg]02.224' W
AL18.............................. WTG.................. 41[deg]07.834' N 70[deg]54.300' W
AL19.............................. WTG.................. 41[deg]07.856' N 70[deg]52.968' W
AL20.............................. WTG.................. 41[deg]07.876' N 70[deg]51.651' W
AL21.............................. WTG.................. 41[deg]07.887' N 70[deg]50.387' W
AM11.............................. WTG.................. 41[deg]06.666' N 71[deg]03.547' W
AM12.............................. WTG.................. 41[deg]06.680' N 71[deg]02.252' W
AM14.............................. WTG.................. 41[deg]06.705' N 70[deg]59.567' W
AM17.............................. WTG.................. 41[deg]06.796' N 70[deg]55.614' W
AM18.............................. WTG.................. 41[deg]06.833' N 70[deg]54.272' W
AM19.............................. WTG.................. 41[deg]06.862' N 70[deg]52.937' W
AM20.............................. WTG.................. 41[deg]06.877' N 70[deg]51.626' W
AM21.............................. WTG.................. 41[deg]06.904' N 70[deg]50.325' W
AN11.............................. WTG.................. 41[deg]05.666' N 71[deg]03.499' W
AN12.............................. WTG.................. 41[deg]05.703' N 71[deg]02.118' W
AN13.............................. WTG.................. 41[deg]05.675' N 71[deg]00.836' W
AN14.............................. WTG.................. 41[deg]05.801' N 70[deg]59.538' W
AN15.............................. WTG.................. 41[deg]05.760' N 70[deg]58.223' W
AN16.............................. WTG.................. 41[deg]05.792' N 70[deg]56.911' W
AP11.............................. WTG.................. 41[deg]04.671' N 71[deg]03.482' W
AP12.............................. WTG.................. 41[deg]04.697' N 71[deg]02.144' 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
----------------------------------------------------------------------------------------------------------------
(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.
Local officer means any officer, agent, or employee of a unit of local
government authorized by law or by a local government agency to engage
in or supervise the prevention, detection, investigation, or
prosecution of any violation of criminal law.
(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 866-842-1560 (First
Coast Guard District Command Center).
(e) Effective and enforcement periods. This section will be
effective from June 1, 2024, through 11:59 p.m. on May 31, 2027. 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 May 31, 2027, 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: https://www.navcen.uscg.gov.
Dated: May 08, 2024.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2024-10743 Filed 5-15-24; 8:45 am]
BILLING CODE 9110-04-P