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Rule2024-09754

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

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Published

May 6, 2024

Effective

May 6, 2024

Issuing agencies

Homeland Security DepartmentCoast Guard

Abstract

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

Full Text

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<title>Federal Register, Volume 89 Issue 88 (Monday, May 6, 2024)</title>
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[Federal Register Volume 89, Number 88 (Monday, May 6, 2024)]
[Rules and Regulations]
[Pages 37130-37134]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09754]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 147

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

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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

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

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2024-0356 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Craig Lapiejko, Waterways
Management, at Coast Guard First District, telephone 617-603-8592,
email <a href="/cdn-cgi/l/email-protection#debdacbfb7b9f0baf0b2bfaeb7bbb4b5b19eabadbdb9f0b3b7b2"><span class="__cf_email__" data-cfemail="dbb8a9bab2bcf5bff5b7baabb2beb1b0b49baea8b8bcf5b6b2b7">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

[[Page 37131]]

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

II. Background, Purpose, and Legal Basis

On February 2, 2024, Orsted, an offshore wind farm developer,
notified the Coast Guard that they plan to begin construction of the
Revolution Wind facilities in the Revolution Wind Farm (RWF) project
area within federal waters on the Outer Continental Shelf (OCS),
specifically in the Bureau of Ocean Energy Management (BOEM) Renewable
Energy Lease Area OCS-A 0486, approximately 15 nautical miles (NM)
offshore southeast of Point Judith, Rhode Island, 32 NM southeast of
the Connecticut coast and 12 NM southwest of Martha's Vineyard,
Massachusetts. Hence, after determining that establishment of safety
zones was necessary to provide for the safety of life, property, and
the environment during the anticipated construction of the structures,
on March 21, 2024, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled ``Safety Zone; Revolution Wind Farm Project
Area, Outer Continental Shelf, Lease OCS-A 0486, Offshore Rhode Island,
Atlantic Ocean'' (89 FR 20150) to begin construction on June 1st. There
we explained the basis for the NPRM and invited comments on our
proposed regulatory action related to the establishment of safety zones
around the construction of 65 Wind Turbine Generators (WTG) and two
Offshore Sub Stations (OSS) located in the RWF project area. 86
comments were received during the comment period that ended April 22,
2024, that are currently being considered before the safety zones are
modified or extended.
The Coast Guard is issuing this temporary rule under authority in 5
U.S.C. 553(b)(B). This statutory provision authorizes an agency to
issue a rule without prior notice and opportunity to comment when, for
good cause, the agency finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' The Coast Guard
finds that good cause exists to not complete notice and comment
procedures in this case because it would be impracticable and contrary
to the public interest of ensuring the safety of mariners transiting
the area. After the aforementioned March 21, 2024 NPRM was published,
the Coast Guard was informed that construction of RWF project area
could begin as soon as May 1, 2024, leaving insufficient time to
consider the received comments, and issue a final rule by this
anticipated date of construction.
Under 5 U.S.C. 553(d)(3), the Coast Guard also finds that good
cause exists for making this rule effective less than 30 days after
publication in the Federal Register considering the anticipated start
of construction on May 1, 2024. Delaying the effective date of this
rule would be contrary to public interest because immediate action is
needed to respond to the potential safety risks associated with the
extremely complex and unusually hazardous construction of these OCS
facilities including hydraulic pile driving hammer operations, heavy
lift operations, overhead cutting operations, potential falling debris,
increased vessel traffic, and stationary barges in close proximity to
the facilities and each other, occurring at times within 12 NM of
shore.

III. Legal Authority and Need for Rule

The Coast Guard is issuing this rule under the authority provided
in 14 U.S.C. 544, 43 U.S.C. 1333, and Department of Homeland Security
(DHS) Delegation No. 00170.1, Revision No. 01.3. As an implementing
regulation of this authority, 33 CFR part 147 permits the establishment
of safety zones for non-mineral energy resource permanent or temporary
structures located on the OCS for the purpose of protecting life and
property on the facilities, appurtenances and attending vessels, and on
the adjacent waters within the safety zone (see 33 CFR 147.10).
Accordingly, a safety zone established under 33 CFR part 147 may also
include provisions to restrict, prevent, or control certain activities,
including access by vessels or persons to maintain safety of life,
property, and the environment.

IV. Discussion of Rule

This rule establishes 16 temporary 500-meter safety zones around
the construction of 16 WTGs on the OCS from May 1, 2024, through 11:59
p.m. on May 31, 2024.
The construction of these facilities is expected to repeatedly
include the installation of the monopile type foundations followed by
the installation of the upper structures for all 16 facilities. Major
construction activity could take place at several locations
simultaneously in the lease area for these 16 facilities. The Coast
Guard will make notice of each enforcement period via the Local Notice
to Mariners and issue a Broadcast Notice to Mariners via marine channel
16 (VHF-FM) as soon as practicable in response to an emergency or
hazardous condition.
Additional information about the construction process of the RWF
can be found at <a href="https://www.boem.gov/renewable-energy/state-activities/revolution-wind">https://www.boem.gov/renewable-energy/state-activities/revolution-wind</a>.
The 16 temporary 500-meter safety zones around the construction of
the WTGs are in the RWF project area, specifically in the BOEM
Renewable Energy Lease Area OCS-A 0486, approximately 15 nautical NM
offshore southeast of Point Judith, Rhode Island, 32 NM southeast of
the Connecticut coast and 12 NM southwest of Martha's Vineyard,
Massachusetts.
The positions of each individual safety zone are referred to using
a unique alpha-numeric naming convention outlined in the ``Rhode Island
and Massachusetts Structure Labeling Plot (West) \1\''.
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\1\ The Rhode Island and Massachusetts Structure Labeling Plot
(West) is an attachment to the Conditions of Construction and
Operations Plan Approval Lease Number OCS-A 0517 (<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 temporary safety
zones will include the area within 500-meters of the center point of
the positions provided in the table below expressed in Degrees ([deg])
Minutes (') (DM) based on North American Datum 1983 (NAD 83).

[[Page 37132]]

AK12.................................. WTG 41[deg]08.699' N 71[deg]02.260' W
AL21.................................. WTG 41[deg]07.887' N 70[deg]50.387' W
AM21.................................. WTG 41[deg]06.904' N 70[deg]50.325' W
AN13.................................. WTG 41[deg]05.675' N 71[deg]00.836' W
AN16.................................. WTG 41[deg]05.792' N 70[deg]56.911' W
AP13.................................. WTG 41[deg]04.731' N 71[deg]00.873' W
AP14.................................. WTG 41[deg]04.746' N 70[deg]59.423' W
AP15.................................. WTG 41[deg]04.766' N 70[deg]58.180' W
AP16.................................. WTG 41[deg]04.788' N 70[deg]56.858' W
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When enforced, no unauthorized vessel or person would be permitted
to enter the safety zone without obtaining permission from the First
Coast Guard District Commander or a designated representative. Requests
for entry into the safety zone would be considered and reviewed on a
case-by-case basis. Persons or vessels seeking to enter the safety zone
must request authorization from the First Coast Guard District
Commander or designated representative via VHF-FM channel 16 or by
phone at 617-603-1560 (First Coast Guard District Command Center). If
permission is granted, all persons and vessels shall comply with the
instructions of the First Coast Guard District Commander or designated
representative.
The Proposed Regulatory Text Appears at the End of This Document.

IV. Regulatory Analyses

We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the rule
has not been reviewed by the Office of Management and Budget (OMB).
Aligning with 33 CFR 147.15, the safety zones established would
extend to a maximum distance of 500-meters around the OCS facility
measured from its center point. Vessel traffic would be able to safely
transit around the proposed safety zones, which would impact a small,
designated area in the Atlantic Ocean, without significant impediment
to their voyage. This safety zone would provide for the safety of life,
property, and the environment during the construction of each
structure, in accordance with Coast Guard maritime safety missions.

B. Impact on Small Entities

The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
This rule may affect owners or operators of vessels intending to
transit or anchor in the RWF, some of which might be small entities.
However, these safety zones would not have a significant economic
impact on a substantial number of these entities because they are
temporarily enforced, allow for deviation requests, and do not impact
vessel transit significantly. Regarding the enforcement period,
although these safety zones would be in effect from May 1, 2024,
through May 31, 2024, vessels would only be prohibited from the
regulated zone during periods of actual construction activity in
conjunction with the period of enforcement. We expect the enforcement
period at each location to last for a short period. Additionally,
vessel traffic could pass safely around each safety zone using an
alternate route. Use of an alternate route likely will cause minimal
delay for the vessel in reaching their destination depending on other
traffic in the area and vessel speed. Vessels would also be able to
request deviation from this rule to transit through a safety zone. Such
requests would be considered on a case by-case basis and may be
authorized by the First Coast Guard District Commander or a designated
representative. For these reasons, the Coast Guard expects any impact
of this rulemaking establishing a temporary safety zone around these
OCS facilities to be minimal and have no significant economic impact on
small entities.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism

[[Page 37133]]

principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule would not result
in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule involves the establishment
of a safety zone around an OCS facility to protect life, property, and
the marine environment. It is categorically excluded from further
review under paragraph L60 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.

G. Protest Activities

The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.

List of Subjects in 33 CFR Part 147

Continental shelf, Marine safety, Navigation (waters).

For the reasons discussed in the preamble, the Coast Guard is
amending 33 CFR part 147 as follows:

PART 147--SAFETY ZONES

0
1. The authority citation for part 147 continues to read as follows:

Authority: 14 U.S.C. 544; 43 U.S.C. 1333; 33 CFR 1.05-1;
Department of Homeland Security Delegation No. 00170.1, Revision No.
01.3.

0
2. Add Sec. 147.T01-0356 to read as follows:

Sec. 147.T01-0356 Safety Zone; Revolution Wind Farm Project Area,
Outer Continental Shelf, Lease OCS-A 0486, Offshore Rhode Island,
Atlantic Ocean.

(a) Description. The area within 500-meters of the center point of
the positions provided in the table below is a safety zone:

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Name Facility type Latitude Longitude
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AE06.................................. WTG 41[deg]13.555' N 71[deg]10.367' W
AE07.................................. WTG 41[deg]13.575' N 71[deg]09.050' W
AE10.................................. WTG 41[deg]13.652' N 71[deg]05.081' W
AE11.................................. WTG 41[deg]13.676' N 71[deg]03.763' W
AF05.................................. WTG 41[deg]12.528' N 71[deg]11.647' W
AG06.................................. WTG 41[deg]11.554' N 71[deg]10.302' W
AJ02.................................. WTG 41[deg]09.452' N 71[deg]15.530' W
AK12.................................. WTG 41[deg]08.699' N 71[deg]02.260' W
AL21.................................. WTG 41[deg]07.887' N 70[deg]50.387' W
AM21.................................. WTG 41[deg]06.904' N 70[deg]50.325' W
AN13.................................. WTG 41[deg]05.675' N 71[deg]00.836' W
AN16.................................. WTG 41[deg]05.792' N 70[deg]56.911' W
AP13.................................. WTG 41[deg]04.731' N 71[deg]00.873' W
AP14.................................. WTG 41[deg]04.746' N 70[deg]59.423' W
AP15.................................. WTG 41[deg]04.766' N 70[deg]58.180' W
AP16.................................. WTG 41[deg]04.788' N 70[deg]56.858' W
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(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the First
Coast Guard District Commander in the enforcement of the safety zones.
(c) Regulations. No vessel may enter or remain in this safety zone
except for the following:
(1) An attending vessel as defined in 33 CFR 147.20;
(2) A vessel authorized by the First Coast Guard District Commander
or a designated representative.
(d) Request for permission. Persons or vessels seeking to enter the
safety zone must request authorization from the First Coast Guard
District Commander or a designated representative. If permission is
granted, all persons and vessels must comply with lawful instructions
of the First Coast Guard District Commander or designated
representative via VHF-FM channel 16 or by phone at 617-603-1560 (First
Coast Guard District Command Center).
(e) Effective and enforcement periods. This section will be
effective from May 1, 2024, through 11:59 p.m. on May 31, 2024. But it
will only be enforced during active construction or other instances
which may cause a hazard to navigation deemed necessary by the First
Coast Guard District Commander. The First Coast Guard District
Commander will make notification of the exact dates and times in
advance of each enforcement period for the locations in paragraph (a)
of this section to the local maritime community through the Local
Notice to Mariners and will issue a Broadcast Notice to Mariners via
marine channel 16 (VHF-FM) as soon as practicable in response to an
emergency. If the project is

[[Page 37134]]

completed before May 31, 2024, enforcement of the safety zones will be
suspended, and notice given via Local Notice to Mariners. The First
Coast Guard District Local Notice to Mariners can be found at: <a href="http://www.navcen.uscg.gov">http://www.navcen.uscg.gov</a>.

Dated: April 30, 2024.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2024-09754 Filed 5-3-24; 8:45 am]
BILLING CODE 9110-04-P

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