[Federal Register Volume 90, Number 69 (Friday, April 11, 2025)]
[Rules and Regulations]
[Pages 15401-15409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-06188]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 147
[Docket Number USCG-2024-0704]
RIN 1625-AA00
Safety Zone; Empire Wind 1 Wind Farm Project Area, Outer
Continental Shelf, Lease OCS-A 0512, Offshore New York and New Jersey,
Atlantic Ocean
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing 55 temporary safety zones
around the construction of individual wind energy facilities during the
development of the Empire Wind 1 Wind Farm project area. The area lies
within Federal waters on the Outer Continental Shelf, specifically in
the Bureau of Ocean Energy Management Renewable Energy Lease Area OCS-A
0512, approximately 12 nautical miles south of Long Island, NY. This
action protects life, property, and the environment during construction
of each facility. When being enforced, only attending vessels and
vessels with
[[Page 15402]]
authorization are permitted to enter or remain in the temporary safety
zones.
DATES: This rule is effective without actual notice from April 11, 2025
through 11:59 p.m. on February 29, 2028. For the purposes of
enforcement, actual notice will be used from 12:01 a.m. on March 10,
2025, until April 11, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0704 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 (571) 607-6314, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
BOEM Bureau of Ocean Energy Management
COP Construction and Operations Plan
CFR Code of Federal Regulations
DD Degrees Decimal
DHS Department of Homeland Security
EW1 Empire Wind 1
FR Federal Register
LNM Local Notice to Mariners
MSIB Marine Safety Information Bulletin
NJ New Jersey
NY New York
NAD 83 North American Datum of 1983
NPRM Notice of Proposed Rulemaking
NOAA National Oceanic and Atmospheric Administration
NM Nautical Mile
OCS Outer Continental Shelf
OSS Offshore Substation
Sec. Section
U.S.C. United States Code
VHF Very High Frequency
WTG Wind Turbine Generator
II. Background Information and Regulatory History
The Energy Policy Act of 2005, Public Law 109-58, amended the Outer
Continental Shelf Lands Act, 43 U.S.C. 1331 et seq., by adding a new
subsection 8(p) to authorize the Secretary of the Interior to issue
leases, easements, and rights-of-way in the Outer Continental Shelf
(OCS) for renewable energy development, including wind energy projects.
The Secretary of the Interior delegated to the Bureau of Ocean Energy
Management (BOEM) the authority to decide whether to approve
Construction and Operations Plans (COPs) for such projects.\1\
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\1\ See p. 5 of the Record of Decision for the Empire Offshore
Wind Project (EW 1 and EW2) Construction and Operations Plan
(November 20, 2023). It is available at: https://www.boem.gov/sites/default/files/documents/renewable-energy/state-activities/Empire%20Wind%20OCA-A%200512%20ROD%20signed.pdf.
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Empire Offshore Wind LLC, an offshore wind farm developer, proposed
to develop two clusters of offshore wind energy facilities, known as
Empire Wind 1 (EW1) and Empire Wind 2, just outside of the Port of New
York and New Jersey. On February 22, 2024, BOEM announced its approval
of Empire Wind's COP, which authorizes the offshore construction and
operation of the wind energy project, consisting of both clusters of
facilities. That was the project's final approval from BOEM, following
the agency's Record of Decision (ROD) approving the project.\2\
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\2\ BOEM announced the availability of the ROD on November 28,
2023, at 88 FR 83146.
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Empire Offshore Wind notified the Coast Guard that they plan to
begin construction of the facilities in the EW1 Wind Farm project area,
which lies within Federal waters on the OCS. The construction, which
may begin as early as March 2025, will occur in a portion of the BOEM
Renewable Energy Lease Area OCS-A 0512. That lease area lies
approximately 12 nautical miles (NM) offshore, south of Long Island,
New York (NY), and 17 NM offshore east of Long Branch, New Jersey (NJ).
On October 22, 2024, after determining that the establishment of
safety zones was necessary to provide for the safety of life, property,
and the environment during the anticipated construction of the
structures, the Coast Guard published a notice of proposed rulemaking
(NPRM) titled ``Safety Zone; Empire Wind 1 Wind Farm Project Area,
Outer Continental Shelf, Lease OCS-A 0512, Offshore New York and New
Jersey, Atlantic Ocean'' (89 FR 84316). 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
54 Wind Turbine Generators (WTG) and one Offshore Sub Station (OSS)
located in the EW1 project area. We received 42 written submissions
during the comment period that ended November 21, 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. Delaying the effective date of
this rule would be impracticable because action is needed to ensure
public safety during construction by March 10, 2025. Construction of
the wind energy facilities may begin by then, and the rule must in
place by then in order to mitigate the potential safety hazards
associated with 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. 01.4. Our regulations in 33
CFR part 147, which implement these authorities, permit the
establishment of safety zones for non-mineral energy resource,
permanent or temporary structures located on the OCS. As explained in
33 CFR 147.1, safety zones under part 147 may be established around OCS
facilities being constructed, maintained, or operated on the OCS. Such
safety zones may be established to promote the safety of life and
property on the facilities, their appurtenances, and attending vessels,
and on the adjacent waters within the safety zones. They may include
provisions to protect the environment, such as measures to protect the
living resources of the sea from harmful agents.
IV. Discussion of Comments, Changes, and the Rule
As noted above, the Coast Guard received 42 written submissions to
our NPRM published October 22, 2024. The comments in these submissions
were thoroughly considered and the First Coast Guard District Commander
has determined that establishment of 55 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 55 facilities
during their construction.
Two of the 42 submissions were supportive of the 55 temporary 500-
meter safety zones. One submission pointed out a technical error in the
proposed rule, and the remaining 39 were opposed to the rule as
proposed. One of the two supportive submission stated the reasoning for
their support to our proposed rule was to ``reduce the risk for onsite
workers.'' The other supporter of our proposed rule stated their
support was to ensure the safe execution of the project.
The remaining 39 submissions opposed the proposed rule. These
submissions communicated their opposition to wind farm construction in
general and not necessarily to the creation of safety zones around this
construction. As explained in the Background section, however, the
Coast Guard does not have approval authority over the wind farm
project, and this rule is not proposing to approve of the construction
or operation of the project
[[Page 15403]]
itself. Thus, comments on the merits of this wind farm project, or of
wind farms in general, are outside the scope of this rulemaking.
One commenter specifically disagreed with the Environmental
Planning and Historic Preservation program Decision Support System
document finding that our rule is not a piece of or connected to the
larger action of offshore wind development generally and requested a
more comprehensive assessment of how the U.S. Coast Guard will meet our
regulatory obligations. The Coast Guard is not, however, the decision-
maker responsible for approval of the project. If the commenter
believes that BOEM did not adequately consider environmental impacts
flowing from the need to address navigational concerns during
construction as part of BOEM's approval of the project, the commenter
should direct those concerns to BOEM. The Coast Guard's role in this
project is simply to consider and mitigate potential hazards to
navigation as construction of the project proceeds. A failure to
mitigate those hazards to navigation sufficiently may result in loss of
life, damage to property, and environmental harm resulting from
mishaps, but it has no bearing on whether or not the project will
proceed, or on how the wind farm facilities will be regulated in the
present or future.
A second commenter criticizing the safety zone rule stated that our
proposed rule failed to provide clear enforcement strategies and
implementation. 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. Coast Guard authorities direct us to assess the potential
safety risks associated with such complex and unusually hazardous
construction projects and require establishment of the safety zones to
ensure the safety of life, property, and the environment. Violations of
our rule may be processed in accordance with 33 CFR 140.40 on civil and
criminal penalty proceedings.
Another commenter felt that a 500-meter safety zone was too small
to protect marine life from sound and other pressure disturbances
caused by offshore wind construction activities and recommended that we
increase the size of the safety zones to protect marine life. In
response, we point to 33 CFR 147.15, which limits our OCS safety zones
to a maximum distance of 500 meters around an OCS facility.
Another commenter, who anticipates transiting the area as a
recreational fisherman, had three objections to our proposed rule to
create 55 temporary 500-meter safety zones during construction of these
OCS facilities to protect life, property, and the environment, and
offered some thoughts for the Coast Guard to consider.
First, the commenter expressed their concern that all 55 locations
could be enforced at the same time, effectively closing the entire area
all at once, and suggested the proposed regulation should define how
many zones can be enforced at any one time. The Coast Guard does not
control the schedule for construction, so we cannot set the number of
safety zones that can be enforced at one time. But, as explained in the
next paragraph, we do not anticipate that all 55 safety zones will be
enforced at the same time.
As we stated in the proposed rule, each safety zone would only be
enforced during active major construction, which could occur at several
locations, sometimes simultaneously. We anticipate the ``active major
construction'' will take place when there is a concentration of large
stationary vessels and barges operating in close proximity to the
facilities and to each other during hydraulic pile driving hammer
operations and heavy lift operations. However, due to the limited
number of specialized vessels available to complete this type of major
offshore construction, enforcement of all of the 55 safety zones
simultaneously, as the commenter suggests, is highly improbable.
Second, the commenter expressed a concern that a 500-meter safety
zone was more than sufficient for smaller more maneuverable vessels and
recommended we reduce the safety zones 500-meters to a lesser distance.
When considering the total number of construction vessels and the
concentration of these large stationary vessels and barges operating in
close proximity to the facilities and each other during active major
construction we believe that enforcement of the 500-meter zone is most
appropriate for this offshore construction project while ensuring there
is a balance between safety and reducing impact on vessel transit.
Finally, the commenter asked how mariners will be alerted to which
zones are being enforced. As stated in the proposed rule, the Coast
Guard will make notice of each enforcement period via the First Coast
Guard District Local Notice to Mariners (LNM). The LNM has historically
been the primary means for disseminating information concerning aids to
navigation, hazards to navigation, and other marine information of
interest to mariners on the waters of the United States. The First
Coast Guard District LNM is available online and can be found at its
dedicated website https://www.navcen.uscg.gov/msi. Notices are
published weekly. Interested parties may subscribe to receive email
updates at https://service.govdelivery.com/accounts/USDHSCG/subscriber/new?topic_id=USDHSCG_65. The Coast Guard believes the use of the LNM to
be the most efficient means to distribute information concerning
enforcement periods for these safety zones.
The rule states that the Coast Guard will issue a Broadcast Notice
to Mariners (BNM) via marine channel 16 (VHF-FM) as soon as practicable
in response to an emergency or hazardous condition. The Coast Guard now
offers an online subscription service in addition to the standard VHF
BNM broadcasts which, traditionally, was the only method to receive
this vital navigational information. Mariners may now use a
subscription service to plan for underway periods and can receive
updates to navigational hazards in near-real-time without waiting on
scheduled VHF broadcasts. Sign up to receive BNMs via email for your
waterway at https://www.navcen.uscg.gov/subscribe-email-rss-feeds.
The Coast Guard will also issue Safety Marine Information
Broadcasts (SMIB) via marine channel 16 (VHF-FM) for each Safety Zone
starting an hour before and broadcasting four times per day for the
duration of the safety zone and Marine Safety Information Bulletins
(MSIB) are distributed via email. MSIBs will also be posted on Coast
Guard Sector New York's Homeport at https://homeport.uscg.mil/port-directory/new-york.
Additionally, Empire Wind will provide dedicated safety and scout
vessels on scene to provide up-to-date advisory information.
A comment submitted by a cartographer from the Office of Coast
Survey of the National Oceanic and Atmospheric Administration (NOAA),
pointed out a technical error. The horizontal datum being used, ``NAD
83,'' was mentioned in the discussion of our proposed rule, but it is
not included with the regulatory text for the center point positions
given in table 1 to
[[Page 15404]]
paragraph (a). In response to this comment, the Coast Guard has added
the horizontal datum to table 1 to paragraph (a) in the regulatory
text.
The remaining opposing comments expressed concerns about wind farm
construction projects, and stated their general opposition to all
similar construction projects in the region. The Coast Guard
acknowledges these comments and concerns, but notes, as stated above,
that these are outside the scope of this rulemaking. Coast Guard
authorities direct us to assess the potential safety risks associated
with complex and unusually hazardous construction projects such as
these, and to allows for the mitigation of such risks through the
establishment of the safety zones to ensure the safety of life,
property, and the environment.
The First Coast Guard District has factored applicable statutes and
regulations into the subject rule. Applicable Authorities are cited in
Section III.
After considering the comments discussed above, the Coast Guard
determined that no additional changes besides adding the datum being
used as suggested by NOAA should be made to the regulatory text. As
written, the Coast Guard believes that the rule ensures consistency,
sufficient notice, and improved safety while minimizing impact on
vessel transit.
The District Commander is establishing 55 temporary 500-meter
safety zones around the construction of 54 wind turbine generators
(WTGs) and one offshore substation (OSS) on the OCS from March 10,
2025, through 11:59 p.m. on February 29, 2028.
The construction of these facilities is expected to repeatedly
include the installation of the foundations followed by the
installation of the upper structures for all 55 facilities. Major
construction activity could take place for a period lasting
approximately 96 hours or more at several locations, sometimes
simultaneously, in the lease area for these 55 facilities. The Coast
Guard will provide notice of each enforcement period via the Local
Notice to Mariners and issue a Broadcast Notice to Mariners via marine
channel 16 (VHF-FM) as soon as practicable in response to an emergency
or hazardous condition. The Coast Guard is publishing this rulemaking
to be effective, and enforceable, through February 29, 2028, to
encompass any construction delays due to weather or other unforeseen
circumstances. If, as currently scheduled, the project is completed
before February 29, 2028, enforcement of the safety zones would be
suspended, and notice given via Local Notice to Mariners.
Additional information about the construction process of the EW1
can be found at https://www.boem.gov/renewable-energy/state-activities/empire-wind.
The 55 temporary 500-meter safety zones around the construction of
54 WTGs and one OSS are in the EW1 project area, specifically in a
portion of the BOEM Renewable Energy Lease Area OCS-A 0512,
approximately 12 NM offshore south of Long Island, NY, and 17 NM
offshore east of Long Branch, NJ.
The positions of each individual safety zone are referred to using
a unique alpha-numeric naming convention as shown in table 1 below.
Aligning with authorities under 33 CFR 147.15, the safety zones
include the area within 500-meters of the center point of the positions
provided in the table below expressed in Degrees ([deg]) Minutes (')
Seconds ('') (DMS) based on North American Datum 1983 (NAD 83).
Table 1--List of Safety Zones Using Unique Alpha-Numeric Naming Convention, Facility Type, and Latitude and
Longitude
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Name Facility type Latitude Longitude
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B01............................. WTG................ 40[deg]22'25.878'' N 73[deg]33'41.509'' W
C01............................. WTG................ 40[deg]21'35.382'' N 73[deg]33'42.583'' W
B02............................. WTG................ 40[deg]22'15.912'' N 73[deg]32'49.958'' W
D02............................. WTG................ 40[deg]21'12.870'' N 73[deg]32'51.312'' W
B03............................. WTG................ 40[deg]22'05.938'' N 73[deg]31'58.412'' W
D03............................. WTG................ 40[deg]20'50.352'' N 73[deg]32'00.051'' W
B04............................. WTG................ 40[deg]21'55.959'' N 73[deg]31'06.870'' W
D04............................. WTG................ 40[deg]20'27.828'' N 73[deg]31'08.799'' W
B05............................. WTG................ 40[deg]21'45.973'' N 73[deg]30'15.333'' W
D05............................. WTG................ 40[deg]20'05.299'' N 73[deg]30'17.557'' W
B06............................. WTG................ 40[deg]21'35.981'' N 73[deg]29'23.800'' W
E06............................. WTG................ 40[deg]19'42.762'' N 73[deg]29'26.325'' W
B07............................. WTG................ 40[deg]21'25.983'' N 73[deg]28'32.271'' W
E07............................. WTG................ 40[deg]19'20.220'' N 73[deg]28'35.102'' W
B08............................. WTG................ 40[deg]21'15.978'' N 73[deg]27'40.747'' W
E08............................. WTG................ 40[deg]18'57.671'' N 73[deg]27'43.888'' W
B09............................. WTG................ 40[deg]21'05.967'' N 73[deg]26'49.227'' W
C09............................. OSS................ 40[deg]20'25.307'' N 73[deg]26'50.160'' W
F09............................. WTG................ 40[deg]18'35.116'' N 73[deg]26'52.685'' W
B10............................. WTG................ 40[deg]20'55.950'' N 73[deg]25'57.712'' W
C10............................. WTG................ 40[deg]20'15.2898'' N 73[deg]25'58.653'' W
D10............................. WTG................ 40[deg]19'34.629'' N 73[deg]25'59.594'' W
E10............................. WTG................ 40[deg]18'53.969'' N 73[deg]26'00.534'' W
B11............................. WTG................ 40[deg]20'45.926'' N 73[deg]25'06.201'' W
C11............................. WTG................ 40[deg]20'05.266'' N 73[deg]25'07.150'' W
D11............................. WTG................ 40[deg]19'24.606'' N 73[deg]25'08.100'' W
E11............................. WTG................ 40[deg]18'43.946'' N 73[deg]25'09.048'' W
F11............................. WTG................ 40[deg]17'49.988'' N 73[deg]25'10.306'' W
B12............................. WTG................ 40[deg]20'35.896'' N 73[deg]24'14.694'' W
C12............................. WTG................ 40[deg]19'55.236'' N 73[deg]24'15.652'' W
B13............................. WTG................ 40[deg]20'25.860'' N 73[deg]23'23.192'' W
C13............................. WTG................ 40[deg]19'45.200'' N 73[deg]23'24.159'' W
B14............................. WTG................ 40[deg]20'15.817'' N 73[deg]22'31.694'' W
D14............................. WTG................ 40[deg]18'54.499'' N 73[deg]22'33.644'' W
C15............................. WTG................ 40[deg]19'25.110'' N 73[deg]21'41.185'' W
[[Page 15405]]
H15............................. WTG................ 40[deg]16'19.659'' N 73[deg]21'45.664'' W
B16............................. WTG................ 40[deg]19'55.714'' N 73[deg]20'48.712'' W
G16............................. WTG................ 40[deg]16'32.420'' N 73[deg]20'53.667'' W
H16............................. WTG................ 40[deg]15'57.881'' N 73[deg]20'54.528'' W
B17............................. WTG................ 40[deg]19'45.652'' N 73[deg]19'57.228'' W
D17............................. WTG................ 40[deg]18'24.335'' N 73[deg]19'59.229'' W
F17............................. WTG................ 40[deg]17'03.018'' N 73[deg]20'01.227'' W
C18............................. WTG................ 40[deg]18'54.926'' N 73[deg]19'06.757'' W
D18............................. WTG................ 40[deg]18'14.268'' N 73[deg]19'07.766'' W
E18............................. WTG................ 40[deg]17'33.610'' N 73[deg]19'08.774'' W
F18............................. WTG................ 40[deg]16'52.952'' N 73[deg]19'09.781'' W
B19............................. WTG................ 40[deg]19'25.511'' N 73[deg]18'14.273'' W
C19............................. WTG................ 40[deg]18'44.853'' N 73[deg]18'15.290'' W
D19............................. WTG................ 40[deg]18'04.195'' N 73[deg]18'16.307'' W
E19............................. WTG................ 40[deg]17'23.537'' N 73[deg]18'17.324'' W
B20............................. WTG................ 40[deg]19'15.431'' N 73[deg]17'22.802'' W
C20............................. WTG................ 40[deg]18'34.773'' N 73[deg]17'23.828'' W
D20............................. WTG................ 40[deg]17'54.115'' N 73[deg]17'24.853'' W
B21............................. WTG................ 40[deg]19'05.344'' N 73[deg]16'31.335'' W
C21............................. WTG................ 40[deg]18'24.687'' N 73[deg]16'32.370'' W
----------------------------------------------------------------------------------------------------------------
The positions of the 55 safety zones are shown on the chartlets in
figures 1-3 below. For scaling purposes, there is approximately 0.65 NM
spacing between each position in the figure 1-3.
BILLING CODE 9110-04-P
[GRAPHIC] [TIFF OMITTED] TR11AP25.005
[[Page 15406]]
[GRAPHIC] [TIFF OMITTED] TR11AP25.006
[GRAPHIC] [TIFF OMITTED] TR11AP25.007
BILLING CODE 9110-04-C
Navigation in the vicinity of the safety zones consists of large
commercial shipping vessels, fishing vessels, cruise ships, tugs with
tows, and recreational vessels.
When enforced, no unauthorized vessel or person would be permitted
to enter the safety zone without obtaining
[[Page 15407]]
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 must comply with the instructions of the First
Coast Guard District Commander or designated representative.
The regulatory text, which appears at the end of this document, is
unchanged from the text proposed in the NPRM except with the addition
of the datum being used.
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 NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
Aligning with 33 CFR 147.15, the safety zones established would
extend to a maximum distance of 500-meters around the OCS facility
measured from its center point. Vessel traffic would be able to safely
transit around the 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
will 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 EW1 project area, 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
will be 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 March 10, 2025,
through February 29, 2028, 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 for only a short period. Additionally,
vessel traffic could pass safely around each safety zone using an
alternate route. Use of an alternate route likely will cause minimal
delay for the vessel in reaching their destination depending on other
traffic in the area and vessel speed. Lastly, vessels would also be
able to request deviation from this rule to transit through a safety
zone. Such requests would be considered on a case by-case basis and may
be authorized by the First Coast Guard District Commander or a
designated representative. For these reasons, the Coast Guard expects
any impact of this rulemaking establishing a temporary safety zone
around these OCS facilities to be minimal and have no significant
economic impact on small entities.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
rule or any policy or action of the Coast Guard.
C. Collection of Information
This 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 determined 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 zones around an OCS facility to protect life,
property, and the marine environment. It is categorically excluded from
further review under paragraph L60(a) of
[[Page 15408]]
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
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. Revise the authority citation for part 147 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.
01.4.
0
2. Add Sec. 147.T01-0704 to read as follows:
Sec. 147.T01-0704 Safety Zone; Empire Wind 1 Wind Farm Project Area,
Outer Continental Shelf, Lease OCS-A 0512, Offshore New York and New
Jersey, Atlantic Ocean.
(a) Description. The area within 500-meters of the center point of
the positions provided in the table below expressed in Degrees ([deg])
Minutes (') Seconds ('') (DMS) based on North American Datum 1983 (NAD
83).
Table 1 to Paragraph (a)
----------------------------------------------------------------------------------------------------------------
Name Facility type Latitude Longitude
----------------------------------------------------------------------------------------------------------------
B01............................. WTG................ 40[deg]22'25.878'' N 73[deg]33'41.509'' W
C01............................. WTG................ 40[deg]21'35.382'' N 73[deg]33'42.583'' W
B02............................. WTG................ 40[deg]22'15.912'' N 73[deg]32'49.958'' W
D02............................. WTG................ 40[deg]21'12.870'' N 73[deg]32'51.312'' W
B03............................. WTG................ 40[deg]22'05.938'' N 73[deg]31'58.412'' W
D03............................. WTG................ 40[deg]20'50.352'' N 73[deg]32'00.051'' W
B04............................. WTG................ 40[deg]21'55.959'' N 73[deg]31'06.870'' W
D04............................. WTG................ 40[deg]20'27.828'' N 73[deg]31'08.799'' W
B05............................. WTG................ 40[deg]21'45.973'' N 73[deg]30'15.333'' W
D05............................. WTG................ 40[deg]20'05.299'' N 73[deg]30'17.557'' W
B06............................. WTG................ 40[deg]21'35.981'' N 73[deg]29'23.800'' W
E06............................. WTG................ 40[deg]19'42.762'' N 73[deg]29'26.325'' W
B07............................. WTG................ 40[deg]21'25.983'' N 73[deg]28'32.271'' W
E07............................. WTG................ 40[deg]19'20.220'' N 73[deg]28'35.102'' W
B08............................. WTG................ 40[deg]21'15.978'' N 73[deg]27'40.747'' W
E08............................. WTG................ 40[deg]18'57.671'' N 73[deg]27'43.888'' W
B09............................. WTG................ 40[deg]21'05.967'' N 73[deg]26'49.227'' W
C09............................. OSS................ 40[deg]20'25.307'' N 73[deg]26'50.160'' W
F09............................. WTG................ 40[deg]18'35.116'' N 73[deg]26'52.685'' W
B10............................. WTG................ 40[deg]20'55.950'' N 73[deg]25'57.712'' W
C10............................. WTG................ 40[deg]20'15.2898'' N 73[deg]25'58.653'' W
D10............................. WTG................ 40[deg]19'34.629'' N 73[deg]25'59.594'' W
E10............................. WTG................ 40[deg]18'53.969'' N 73[deg]26'00.534'' W
B11............................. WTG................ 40[deg]20'45.926'' N 73[deg]25'06.201'' W
C11............................. WTG................ 40[deg]20'05.266'' N 73[deg]25'07.150'' W
D11............................. WTG................ 40[deg]19'24.606'' N 73[deg]25'08.100'' W
E11............................. WTG................ 40[deg]18'43.946'' N 73[deg]25'09.048'' W
F11............................. WTG................ 40[deg]17'49.988'' N 73[deg]25'10.306'' W
B12............................. WTG................ 40[deg]20'35.896'' N 73[deg]24'14.694'' W
C12............................. WTG................ 40[deg]19'55.236'' N 73[deg]24'15.652'' W
B13............................. WTG................ 40[deg]20'25.860'' N 73[deg]23'23.192'' W
C13............................. WTG................ 40[deg]19'45.200'' N 73[deg]23'24.159'' W
B14............................. WTG................ 40[deg]20'15.817'' N 73[deg]22'31.694'' W
D14............................. WTG................ 40[deg]18'54.499'' N 73[deg]22'33.644'' W
C15............................. WTG................ 40[deg]19'25.110'' N 73[deg]21'41.185'' W
H15............................. WTG................ 40[deg]16'19.659'' N 73[deg]21'45.664'' W
B16............................. WTG................ 40[deg]19'55.714'' N 73[deg]20'48.712'' W
G16............................. WTG................ 40[deg]16'32.420'' N 73[deg]20'53.667'' W
H16............................. WTG................ 40[deg]15'57.881'' N 73[deg]20'54.528'' W
B17............................. WTG................ 40[deg]19'45.652'' N 73[deg]19'57.228'' W
D17............................. WTG................ 40[deg]18'24.335'' N 73[deg]19'59.229'' W
F17............................. WTG................ 40[deg]17'03.018'' N 73[deg]20'01.227'' W
C18............................. WTG................ 40[deg]18'54.926'' N 73[deg]19'06.757'' W
D18............................. WTG................ 40[deg]18'14.268'' N 73[deg]19'07.766'' W
E18............................. WTG................ 40[deg]17'33.610'' N 73[deg]19'08.774'' W
F18............................. WTG................ 40[deg]16'52.952'' N 73[deg]19'09.781'' W
B19............................. WTG................ 40[deg]19'25.511'' N 73[deg]18'14.273'' W
C19............................. WTG................ 40[deg]18'44.853'' N 73[deg]18'15.290'' W
D19............................. WTG................ 40[deg]18'04.195'' N 73[deg]18'16.307'' W
E19............................. WTG................ 40[deg]17'23.537'' N 73[deg]18'17.324'' W
B20............................. WTG................ 40[deg]19'15.431'' N 73[deg]17'22.802'' W
C20............................. WTG................ 40[deg]18'34.773'' N 73[deg]17'23.828'' W
D20............................. WTG................ 40[deg]17'54.115'' N 73[deg]17'24.853'' W
B21............................. WTG................ 40[deg]19'05.344'' N 73[deg]16'31.335'' W
[[Page 15409]]
C21............................. WTG................ 40[deg]18'24.687'' N 73[deg]16'32.370'' W
----------------------------------------------------------------------------------------------------------------
(b) Definitions. As used in this section:
(1) 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.
(2) 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 12:01 a.m. on March 10, 2025, through 11:59 p.m. on
February 29, 2028. 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 safety
zones 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 February
29, 2028, 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/msi.
(f) Processing of violations. Violations of this section may be
processed in accordance with 33 CFR 140.40 on civil and criminal
penalty proceedings.
M.E. Platt,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2025-06188 Filed 4-10-25; 8:45 am]
BILLING CODE 9110-04-P