[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]


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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.

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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\
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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 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)
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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
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