Rule2023-14073
Safety Zone; Vineyard Wind 1 Wind Farm Project Area, Outer Continental Shelf, Lease OCS-A 0501, Offshore Massachusetts, Atlantic Ocean
Primary source
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Published
June 30, 2023
Effective
June 30, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing 63 temporary 500-meter safety zones around the construction of 62 wind turbine generators (WTGs) and one electrical service platform (ESP) located in the Vineyard Wind 1 Wind Farm (VW1WF) project area within federal waters on the Outer Continental Shelf (OCS), specifically in the northern portion of Bureau of Ocean Energy Management (BOEM) Renewable Energy Lease Area OCS-A 0501, approximately 12 nautical miles (NM) offshore of Martha's Vineyard, Massachusetts and 12 NM offshore Nantucket, Massachusetts. This action is necessary to provide for the safety of life, property, and the environment during the planned construction of each facility's monopile type foundation and subsequent installation of the WTGs turbines and ESP platform from June 27, 2023, to May 31, 2024. When enforced, only attending vessels and those vessels specifically authorized by the First Coast Guard District Commander, or a designated representative, are permitted to enter or remain in the temporary safety zones.
Full Text
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<title>Federal Register, Volume 88 Issue 125 (Friday, June 30, 2023)</title>
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[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Rules and Regulations]
[Pages 42237-42243]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14073]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 147
[Docket Number USCG-2023-0277]
RIN 1625-AA00
Safety Zone; Vineyard Wind 1 Wind Farm Project Area, Outer
Continental Shelf, Lease OCS-A 0501, Offshore Massachusetts, Atlantic
Ocean
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing 63 temporary 500-meter safety
zones around the construction of 62 wind turbine generators (WTGs) and
one electrical service platform (ESP) located in the Vineyard Wind 1
Wind Farm (VW1WF) project area within federal waters on the Outer
Continental Shelf (OCS), specifically in the northern portion of Bureau
of Ocean Energy Management (BOEM) Renewable Energy Lease Area OCS-A
0501, approximately 12 nautical miles (NM) offshore of Martha's
Vineyard, Massachusetts and 12 NM offshore Nantucket, Massachusetts.
This action is necessary to provide for the safety of life, property,
and the environment during the planned construction of each facility's
monopile type foundation and subsequent installation of the WTGs
turbines and ESP platform from June 27, 2023, to May 31, 2024. When
enforced, only attending vessels and those vessels specifically
authorized by the First Coast Guard District Commander, or a designated
representative, are permitted to enter or remain in the temporary
safety zones.
DATES: This rule is effective without actual notice from June 30, 2023,
through 11:59 p.m. on May 31, 2024. For the purposes of enforcement,
actual notice will be used from June 27, 2023, until June 30, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2023-0277 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email Mr. Craig Lapiejko, Waterways Management, at
Coast Guard First District, telephone 617-603-8592, email
<a href="/cdn-cgi/l/email-protection#0c6f7e6d656b226822606d7c65696667634c797f6f6b22616560"><span class="__cf_email__" data-cfemail="395a4b58505e175d17555849505c535256794c4a5a5e17545055">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
BOEM Bureau of Ocean Energy Management
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
DD Degrees Decimal
DHS Department of Homeland Security
EIS Environmental Impact Statement
FR Federal Register
MSIB Marine Safety Information Bulletin
NPRM Notice of proposed rulemaking
OCS Outer Continental Shelf
OSS Offshore Substation
LNM Local Notice to Mariners
NAD 83 North American Datum of 1983
NM Nautical Mile
Sec. Section
SMIB Safety Marine Information Broadcast
U.S.C. United States Code
WTG Wind Turbine Generator
VHF-FM Very High Frequency--Frequency Modulation
VW1WF Vineyard Wind 1 Wind Farm
II. Background, Purpose, and Legal Basis
On March 15, 2023, Vineyard Wind, LLC, an offshore wind farm
developer, notified the Coast Guard that they plan to begin
construction of facilities in the VW1WF project area within federal
waters on the OCS, specifically in the northern portion of BOEM
Renewable Energy Lease Area OCS-A 0501, approximately 12 NM offshore
Martha's Vineyard, Massachusetts and 12 NM offshore Nantucket,
Massachusetts in June 2023.
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 May 3, 2023, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled
``Safety Zone; Vineyard Wind 1 Wind Farm Project Area, Outer
Continental Shelf, Lease OCS-A 0501, Offshore Massachusetts, Atlantic
Ocean'' (88 FR 27839). 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 62 WTGs and
one ESP located in the VW1WF project area. Five comments were received
during the comment period that ended June 2, 2023.
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 VW1WF project area ended on June 2, 2023, 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
impracticable 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.
Based on these circumstances, the First Coast Guard District
Commander has determined that establishment of 63 safety zones through
rulemaking is warranted to ensure the safety of life, property, and the
environment within a 500-meter radius of each of the 63 facilities
during their construction.
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 five public comments on
the NPRM published May 3, 2023. All five commenters expressed general
opposition to wind farm construction.
[[Page 42238]]
Three commenters expressed specific opposition to the proposed rule and
the enforcement of safety zones around construction. Two commenters
questioned Coast Guard's authority to establish safety zones on the
Outer Continental Shelf and stated concerns that impact of safety zones
was not analyzed by BOEM during the VW1WF Final Environmental Impact
Statement (EIS) process. We provide a detailed discussion of those
comments below.
First, 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. On January 1,
2021, Congress enacted the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (NDAA), Public Law 116-283, 134
Stat. 3388. Section 9503 of the NDAA amended Section 4(a)(1) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(1)) to
specifically include non-mineral energy resources. On January 11, 2023,
the Coast Guard published a final rule titled ``Safety Zones; Technical
and Conforming Amendments'' (88 FR 1511), which made non-substantive
technical and conforming amendments to the Code of Federal Regulations
(CFR) at part 147. That rule enabled the Coast Guard to place safety
zones for non-mineral energy resource facilities on the Outer
Continental Shelf in part 147 where other OCS safety zone regulations
are located.
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.
Second, while the safety zones were not analyzed by BOEM during the
EIS process, the Coast Guard has 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's compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f). The Coast
Guard has determined that the action is one of a category of actions
that do not individually or cumulatively have a significant effect on
the human environment. This rule establishes a safety zone around an
OCS facility to protect life, property, and the marine environment and
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the subject docket. For instructions on locating the
docket, see the ADDRESSES section of the preamble.
One commenter disagreed with the finding of no significant economic
impact on small entities. 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
approximately 48 hours. 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.
That same commenter expressed concerns about the effective date of
the safety zones not aligning with the dates and timing of actual
construction and that there is nothing preventing the Coast Guard from
enacting future exclusion zones.
Although the Coast Guard has been aware of the VW1WF project area
for several years, the Coast Guard was only recently granted the
authority to establish safety zones for non-mineral energy resource
facilities on the Outer Continental Shelf. The Coast Guard was notified
of the estimated construction details on March 15, 2023, and was
notified of the exact construction commencement date after the NPRM was
published. The Coast Guard views public participation as essential to
effective rulemaking and determined that it was in the public interest
to open the comment period. The 63 safety zones established by this
rule are intended to be temporary and are enforceable only through May
31, 2024. If the project is completed before May 31, 2024, enforcement
of the safety zones will be suspended, and notice will be provided via
Local Notice to Mariners. The implementation of additional safety zones
would require additional notice and comment rulemaking.
One commenter offered two recommendations for the Coast Guard to
consider when establishing temporary safety zones.
First, the commenter recommended additional means of making notice
of each enforcement period. Recommendations included: directly
notifying local commercial fishing organizations, creating a dedicated
web page, and requiring vessel on-scene during all construction
activities whose sole role is to patrol the area and ensure vessels are
aware of the safety zone. 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 at <a href="https://www.navcen.uscg.gov">https://www.navcen.uscg.gov</a>. Notices are published
weekly. Interested parties may subscribe to receive email updates at
<a href="https://service.govdelivery.com/accounts/USDHSCG/subscriber/new?topic_id=USDHSCG_65">https://service.govdelivery.com/accounts/USDHSCG/subscriber/new?topic_id=USDHSCG_65</a>. 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 proposed rule stated that the Coast Guard would 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 <a href="https://www.navcen.uscg.gov/subscribe-email-rss-feeds">https://www.navcen.uscg.gov/subscribe-email-rss-feeds</a>.
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
[[Page 42239]]
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 Southeastern New
England's Homeport at <a href="https://homeport.uscg.mil/port-directory/southeastern-new-england-">https://homeport.uscg.mil/port-directory/southeastern-new-england-</a>(providence).
Additionally, Vineyard Wind will provide dedicated safety and scout
vessels on scene to provide advisory information.
Second, the commenter recommended the definition of a designated
representative be expanded if requests to deviate from the rule to
transit through a safety zone becomes time consuming. Specifically, the
recommendation was to expand the definition of ``designated
representative'' to account for need to process rule deviations in a
timely manner. The Coast Guard does not anticipate delays from our
designated representatives. Upon further examination, the Coast Guard
believes that the current definition of ``designated representative''
should be maintained. Based on the particular details of this offshore
construction project, including the short duration of the enforcement
period (approximately 48 hours during active construction), the more
distant offshore location which sees less vessel traffic, and the types
of large vessels that are most likely to navigate in the vicinity of
the safety zones (commercial shipping, fishing, and tugs with tows),
the Coast Guard finds no compelling necessity to broaden representative
designation or the authority to permit passage through and around the
safety zones. 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.
The First Coast Guard District has factored applicable statutes and
regulations into the subject rule. Applicable authorities are cited in
section III. of this document.
After considering the comments discussed above, the Coast Guard
determined that no additional changes should be made to the regulatory
text. 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
proposed rule in the NPRM to account for the delay in the effective
date.
This rule establishes 63 temporary 500-meter safety zones around
the construction of 62 WTGs and one ESP on the OCS from June 27, 2023,
through 11:59 p.m. on May 31, 2024.
The construction of these facilities is expected to take place in
mixed phases alternating between the installation of several monopile
type foundations followed by the installation of the upper structures
then repeating this process throughout the project area until all 63
facilities have been completed. The 63 temporary safety zones would be
enforced individually as construction progresses from one structure
location to the next throughout the entire process for a period lasting
approximately 48 hours. The Coast Guard will make notice of each
enforcement period via the Local Notice to Mariners and issue a
Broadcast Notice to Mariners via marine channel 16 (VHF-FM) as soon as
practicable in response to an emergency or hazardous condition. The
Coast Guard is publishing this rulemaking to be effective, and
enforceable, through May 31, 2024, to encompass any construction delays
due to weather or other unforeseen circumstances. If the project is
completed before May 31, 2024, enforcement of the safety zones would be
suspended, and notice given via Local Notice to Mariners.
Additional information about the construction process of the VW1WF
can be found at <a href="https://www.boem.gov/vineyard-wind">https://www.boem.gov/vineyard-wind</a>.
The 63 temporary 500-meter safety zones around the construction of
62 WTGs and one ESP are in the VW1WF project area, specifically in the
northern portion of BOEM Renewable Energy Lease Area OCS-A 0501,
approximately 12 NM offshore of Martha's Vineyard, Massachusetts and 12
NM offshore Nantucket, Massachusetts, within federal waters on the OCS.
The positions of each individual safety zone 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 (<a href="http://boem.gov">boem.gov</a>) and can
be found at <a href="https://www.boem.gov/sites/default/files/documents/renewable-energy/state-activities/SFWF-COP-Terms-and-Conditions.pdf">https://www.boem.gov/sites/default/files/documents/renewable-energy/state-activities/SFWF-COP-Terms-and-Conditions.pdf</a>.
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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 Decimal Degrees (DD)
based on North American Datum 1983 (NAD 83).
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Name Facility type Latitude Longitude
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AL38................................. WTG N 41.1370161 W -70.4638911
AM37................................. ESP N 41.1200616 W -70.4851682
AM38................................. WTG N 41.1203387 W -70.4635204
AM39................................. WTG N 41.1206168 W -70.4414663
AN36................................. WTG N 41.1030927 W -70.5072461
AN37................................. WTG N 41.1033791 W -70.4851982
AN38................................. WTG N 41.1036612 W -70.4631500
AN39................................. WTG N 41.1039392 W -70.4411014
AP35................................. WTG N 41.0861251 W -70.5289069
AP36................................. WTG N 41.0864155 W -70.5068649
AP37................................. WTG N 41.0867017 W -70.4848226
AP38................................. WTG N 41.0869837 W -70.4627799
AP39................................. WTG N 41.0872615 W -70.4407369
AP40................................. WTG N 41.0875351 W -70.4186937
AP41................................. WTG N 41.0878044 W -70.3966501
AQ34................................. WTG N 41.0691535 W -70.5505566
AQ35................................. WTG N 41.0694480 W -70.5285205
AQ36................................. WTG N 41.0697382 W -70.5064840
AQ37................................. WTG N 41.0700243 W -70.4844472
AQ38................................. WTG N 41.0703061 W -70.4624101
AQ39................................. WTG N 41.0705837 W -70.4403727
[[Page 42240]]
AQ40................................. WTG N 41.0708571 W -70.4183350
AQ41................................. WTG N 41.0711263 W -70.3962970
AQ42................................. WTG N 41.0713913 W -70.3742587
AR33................................. WTG N 41.0521781 W -70.5721951
AR34................................. WTG N 41.0524766 W -70.5501649
AR35................................. WTG N 41.0527709 W -70.5281343
AR36................................. WTG N 41.0530609 W -70.5061034
AR37................................. WTG N 41.0533468 W -70.4840722
AR38................................. WTG N 41.0536285 W -70.4620407
AR39................................. WTG N 41.0539059 W -70.4400088
AR40................................. WTG N 41.0541792 W -70.4179767
AR41................................. WTG N 41.0544482 W -70.3959442
AR42................................. WTG N 41.0547130 W -70.3739115
AS32................................. WTG N 41.0351987 W -70.5938225
AS33................................. WTG N 41.0355012 W -70.5717982
AS34................................. WTG N 41.0357995 W -70.5497735
AS35................................. WTG N 41.0360937 W -70.5277485
AS36................................. WTG N 41.0363836 W -70.5057231
AS37................................. WTG N 41.0366693 W -70.4836975
AS38................................. WTG N 41.0369508 W -70.4616715
AS39................................. WTG N 41.0372281 W -70.4396452
AS40................................. WTG N 41.0375012 W -70.4176186
AS41................................. WTG N 41.0377701 W -70.3955918
AS42................................. WTG N 41.0380347 W -70.3735646
AT33................................. WTG N 41.0188243 W -70.5714016
AT34................................. WTG N 41.0191225 W -70.5493824
AT35................................. WTG N 41.0194164 W -70.5273630
AT36................................. WTG N 41.0197062 W -70.5053432
AT37................................. WTG N 41.0199917 W -70.4833231
AT38................................. WTG N 41.0202731 W -70.4613027
AT39................................. WTG N 41.0205502 W -70.4392819
AT40................................. WTG N 41.0208231 W -70.4172609
AT41................................. WTG N 41.0210918 W -70.3952396
AU36................................. WTG N 41.0030287 W -70.5049636
AU37................................. WTG N 41.0033141 W -70.4829490
AU38................................. WTG N 41.0035953 W -70.4609341
AU39................................. WTG N 41.0038722 W -70.4389190
AU40................................. WTG N 41.0041450 W -70.4169035
AV37................................. WTG N 40.9866364 W -70.4825752
AV38................................. WTG N 40.9869174 W -70.4605659
AV39................................. WTG N 40.9871942 W -70.4385563
AW38................................. WTG N 40.9702395 W -70.4601980
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When enforced, no unauthorized vessel or person would be permitted
to enter the safety zone without obtaining permission from the First
Coast Guard District Commander or a designated representative. Requests
for entry into the safety zone would be considered and reviewed on a
case-by-case basis. Persons or vessels seeking to enter the safety zone
must request authorization from the First Coast Guard District
Commander or designated representative via VHF-FM channel 16 or by
phone at 617-603-1560 (First Coast Guard District Command Center). If
permission is granted, all persons and vessels shall comply with the
instructions of the First Coast Guard District Commander or designated
representative.
The 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 rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866 as amended by
Executive Order 14094 (Modernizing Regulatory Review). Accordingly, the
rule has not been reviewed by the Office of Management and Budget
(OMB).
Aligning with 33 CFR 147.15, the established safety zones will
extend to a maximum distance of 500-meters around the OCS facility
measured from its center point. Vessel traffic will be able to safely
transit around the safety zones, which would impact a small, designated
area in the Atlantic Ocean, without significant impediment to their
voyage. This safety zone will 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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule would not have a significant
[[Page 42241]]
economic impact on a substantial number of small entities.
This rule may affect owners or operators of vessels intending to
transit or anchor in the VW1WF, some of which might be small entities.
However, these safety zones will not have a significant economic impact
on a substantial number of these entities because they are temporarily
enforced, allow for deviation requests, and do not impact vessel
transit significantly. Regarding the enforcement period, although these
safety zones will be in effect from June 27, 2023, through May 31,
2024, vessels will only be prohibited from the regulated zone during
periods of actual construction activity in correspondence to the period
of enforcement. We expect the enforcement period at each location to
last approximately 48 hours as construction progresses from one
structure location to the next throughout the mixed phases.
Additionally, vessel traffic could pass safely around each safety zone
using an alternate route. Use of an alternate route likely will cause
minimal delay for the vessel in reaching their destination depending on
other traffic in the area and vessel speed. Vessels will also be able
to request deviation from this rule to transit through a safety zone.
Such requests 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 all small
entities in understanding this temporary final rule. If the rule would
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please call or email the person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This temporary final rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this temporary final rule
will not result in such an expenditure, we do discuss the potential
effects of this temporary final rule elsewhere in this preamble.
F. Environment
We have analyzed this final rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of safety zones
around an OCS facility to protect life, property, and the marine
environment. It is categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 147
Continental shelf, Marine safety, Navigation (waters).
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 147 as follows:
PART 147--SAFETY ZONES
0
1. The authority citation for part 147 continues to read as follows:
Authority: 14 U.S.C. 544; 43 U.S.C. 1333; 33 CFR 1.05-1;
Department of Homeland Security Delegation No. 00170.1, Revision No.
01.3.
0
2. Add Sec. 147.T01-0277 to read as follows:
Sec. 147.T01-0277 Safety Zones; Vineyard Wind 1 Wind Farm Project
Area, Outer Continental Shelf, Lease OCS-A 0501, Offshore
Massachusetts, Atlantic Ocean.
(a) Description. The area within 500-meters of the center point of
the positions provided in the following table is a safety zone:
[[Page 42242]]
Table 1 to Paragraph (a)
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Name Facility type Latitude Longitude
--------------------------------------------------------------------------------------------------------------------------------------------------------
AL38............................... WTG N 41.1370161 W -70.4638911
AM37............................... ESP N 41.1200616 W -70.4851682
AM38............................... WTG N 41.1203387 W -70.4635204
AM39............................... WTG N 41.1206168 W -70.4414663
AN36............................... WTG N 41.1030927 W -70.5072461
AN37............................... WTG N 41.1033791 W -70.4851982
AN38............................... WTG N 41.1036612 W -70.4631500
AN39............................... WTG N 41.1039392 W -70.4411014
AP35............................... WTG N 41.0861251 W -70.5289069
AP36............................... WTG N 41.0864155 W -70.5068649
AP37............................... WTG N 41.0867017 W -70.4848226
AP38............................... WTG N 41.0869837 W -70.4627799
AP39............................... WTG N 41.0872615 W -70.4407369
AP40............................... WTG N 41.0875351 W -70.4186937
AP41............................... WTG N 41.0878044 W -70.3966501
AQ34............................... WTG N 41.0691535 W -70.5505566
AQ35............................... WTG N 41.0694480 W -70.5285205
AQ36............................... WTG N 41.0697382 W -70.5064840
AQ37............................... WTG N 41.0700243 W -70.4844472
AQ38............................... WTG N 41.0703061 W -70.4624101
AQ39............................... WTG N 41.0705837 W -70.4403727
AQ40............................... WTG N 41.0708571 W -70.4183350
AQ41............................... WTG N 41.0711263 W -70.3962970
AQ42............................... WTG N 41.0713913 W -70.3742587
AR33............................... WTG N 41.0521781 W -70.5721951
AR34............................... WTG N 41.0524766 W -70.5501649
AR35............................... WTG N 41.0527709 W -70.5281343
AR36............................... WTG N 41.0530609 W -70.5061034
AR37............................... WTG N 41.0533468 W -70.4840722
AR38............................... WTG N 41.0536285 W -70.4620407
AR39............................... WTG N 41.0539059 W -70.4400088
AR40............................... WTG N 41.0541792 W -70.4179767
AR41............................... WTG N 41.0544482 W -70.3959442
AR42............................... WTG N 41.0547130 W -70.3739115
AS32............................... WTG N 41.0351987 W -70.5938225
AS33............................... WTG N 41.0355012 W -70.5717982
AS34............................... WTG N 41.0357995 W -70.5497735
AS35............................... WTG N 41.0360937 W -70.5277485
AS36............................... WTG N 41.0363836 W -70.5057231
AS37............................... WTG N 41.0366693 W -70.4836975
AS38............................... WTG N 41.0369508 W -70.4616715
AS39............................... WTG N 41.0372281 W -70.4396452
AS40............................... WTG N 41.0375012 W -70.4176186
AS41............................... WTG N 41.0377701 W -70.3955918
AS42............................... WTG N 41.0380347 W -70.3735646
AT33............................... WTG N 41.0188243 W -70.5714016
AT34............................... WTG N 41.0191225 W -70.5493824
AT35............................... WTG N 41.0194164 W -70.5273630
AT36............................... WTG N 41.0197062 W -70.5053432
AT37............................... WTG N 41.0199917 W -70.4833231
AT38............................... WTG N 41.0202731 W -70.4613027
AT39............................... WTG N 41.0205502 W -70.4392819
AT40............................... WTG N 41.0208231 W -70.4172609
AT41............................... WTG N 41.0210918 W -70.3952396
AU36............................... WTG N 41.0030287 W -70.5049636
AU37............................... WTG N 41.0033141 W -70.4829490
AU38............................... WTG N 41.0035953 W -70.4609341
AU39............................... WTG N 41.0038722 W -70.4389190
AU40............................... WTG N 41.0041450 W -70.4169035
AV37............................... WTG N 40.9866364 W -70.4825752
AV38............................... WTG N 40.9869174 W -70.4605659
AV39............................... WTG N 40.9871942 W -70.4385563
AW38............................... WTG N 40.9702395 W -70.4601980
--------------------------------------------------------------------------------------------------------------------------------------------------------
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the First
Coast Guard District Commander in the enforcement of the safety zones.
(c) Regulations. No vessel may enter or remain in the safety zones
described in paragraph (a) of this section except for the following:
[[Page 42243]]
(1) An attending vessel as defined in Sec. 147.20; and
(2) A vessel authorized by the First Coast Guard District Commander
or a designated representative.
(d) Request for permission. Persons or vessels seeking to enter the
safety zone must request authorization from the First Coast Guard
District Commander or a designated representative. If permission is
granted, all persons and vessels must comply with lawful instructions
of the First Coast Guard District Commander or designated
representative via VHF-FM channel 16 or by phone at 617-223-1560 (First
Coast Guard District Command Center).
(e) Effectiveness and enforcement periods. This section is in
effect from June 27, 2023, through 11:59 p.m. on May 31, 2024. But it
will only be enforced during active construction or other instances
which may cause a hazard to navigation deemed necessary by the First
Coast Guard District Commander. The First Coast Guard District
Commander will make notification of the exact dates and times in
advance of each enforcement period for the locations in paragraph (a)
of this section to the local maritime community through the Local
Notice to Mariners and will issue a Broadcast Notice to Mariners via
marine channel 16 (VHF-FM) as soon as practicable in response to an
emergency. If the project is completed before May 31, 2024, enforcement
of the safety zones will be suspended, and notice given via Local
Notice to Mariners. The First Coast Guard District Local Notice to
Mariners can be found at <a href="https://www.navcen.uscg.gov">https://www.navcen.uscg.gov</a>.
Dated: June 27, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2023-14073 Filed 6-29-23; 8:45 am]
BILLING CODE 9110-04-P
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