Safety Zone; South Fork Wind Farm Project Area, Outer Continental Shelf, Lease OCS-A 0517, Offshore Rhode Island, Atlantic Ocean, 13745-13752 [2023-04306]
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Federal Register / Vol. 88, No. 43 / Monday, March 6, 2023 / Proposed Rules
Regulatory Notices and Analyses
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current. It,
therefore: (1) is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under DOT Regulatory Policies
and Procedures (44 FR 11034; February
26, 1979); and (3) does not warrant
preparation of a regulatory evaluation as
the anticipated impact is so minimal.
Since this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this
proposed rule, when promulgated, will
not have a significant economic impact
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Environmental Review
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 71 as
follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order JO 7400.11G,
Airspace Designations and Reporting
Points, dated August 19, 2022, and
effective September 15, 2022, is
amended as follows:
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DEPARTMENT OF HOMELAND
SECURITY
You may submit comments
identified by docket number USCG–
2023–0073 using the Federal DecisionMaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
ADDRESSES:
If
you have questions about this proposed
rulemaking, call or email Mr. Craig
Lapiejko, Waterways Management, at
Coast Guard First District, telephone
617–223–8351, email craig.d.lapiejko@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
Coast Guard
SUPPLEMENTARY INFORMATION:
33 CFR Part 147
I. Table of Abbreviations
[Docket Number USCG–2023–0073]
RIN 1625–AA00
Coast Guard, DHS.
Notice of proposed rulemaking.
The Coast Guard is proposing
to establish 13 temporary 500-meter
safety zones around the construction of
12 wind turbine generators (WTGs) and
one offshore substation (OSS) located in
the South Fork Wind Farm (SFWF)
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 0517,
approximately 16 nautical miles (NM)
southeast of Block Island, Rhode Island,
and 30 NM east of Montauk Point, New
York. 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 OSS platform from May 1,
2023, to December 31, 2023. 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 safety zones. We invite
your comments on this proposed
rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before April 5, 2023.
SUMMARY:
The Proposed Amendment
*
BILLING CODE 4910–13–P
ACTION:
Airspace, Incorporation by reference,
Navigation (air).
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
[FR Doc. 2023–04394 Filed 3–3–23; 8:45 am]
AGENCY:
List of Subjects in 14 CFR Part 71
■
Issued in Fort Worth, Texas, on February
27, 2023.
Martin A. Skinner,
Manager, Operations Support Group, ATO
Central Service Center.
Safety Zone; South Fork Wind Farm
Project Area, Outer Continental Shelf,
Lease OCS–A 0517, Offshore Rhode
Island, Atlantic Ocean
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
§ 71.1
AGL MI E5 Sandusky, MI [Establish]
Sandusky City Airport, MI
(Lat. 43°27′21″ N, long. 82°50′30″ W)
That airspace extending upward from 700
feet above the surface within a 6.4-mile
radius of the Sandusky City Airport.
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BOEM Bureau of Ocean Energy
Management
CFR Code of Federal Regulations
DD Degrees Decimal
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
OCS Outer Continental Shelf
OSS Offshore Substation
NAD 83 North American Datum of 1983
NM Nautical Mile
§ Section
SFWF South Fork Wind Farm
U.S.C. United States Code
WTG Wind Turbine Generator
II. Background, Purpose, and Legal
Basis
On October 20, 2022, Orsted Offshore
North America, an offshore wind farm
developer, notified the Coast Guard that
they plan to begin construction of
facilities in the SFWF project area
within federal waters on the OCS,
specifically in the BOEM Renewable
Energy Lease Area OCS–A 0517,
approximately 16 NM southeast of
Block Island, Rhode Island, and 30 NM
east of Montauk Point, New York in
May 2023.
The extremely complex offshore
construction of these OCS facilities
presents many unusually hazardous
conditions including hydraulic pile
driving hammer operations, heavy lift
operations, overhead cutting operations,
potential falling debris, increased vessel
traffic, and stationary barges in close
proximity to the facilities and each
other.
Based on these circumstances, the
First Coast Guard District Commander
has determined that establishment of 13
safety zones through rulemaking is
warranted to ensure the safety of life,
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Federal Register / Vol. 88, No. 43 / Monday, March 6, 2023 / Proposed Rules
property, and the environment within a
500-meter radius of each of the 13
facilities during their construction.
The Coast Guard is proposing 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.
III. Discussion of Proposed Rule
The District Commander is proposing
to establish 13 temporary 500-meter
safety zones around the construction of
12 WTGs and one OSS on the OCS from
May 1, 2023, through 11:59 p.m. on
December 31, 2023.
The construction of these facilities is
expected to take place in two phases
beginning with the installation of
monopile type foundations for 12 WTGs
and one OSS starting May 1, 2023. The
second phase, which will involve the
installation of WTG structures and the
OSS platform, is anticipated to begin in
August 2023. Commission and
operation of the turbines is expected by
the end of 2023. The 13 temporary
safety zones would be enforced
individually as construction progresses
from one structure location to the next
throughout each of the two phases for a
period lasting approximately 48 hours.
The Coast Guard would 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
December 31, 2023, to encompass any
construction delays due to weather or
other unforeseen circumstances. If the
project is completed before December
Name
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Facility type
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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
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31, 2023, enforcement of the safety
zones would be suspended, and notice
given via Local Notice to Mariners.
Additional information about the
construction process of the SFWF can
be found at https://www.boem.gov/
renewable-energy/state-activities/southfork.
The 13 temporary 500-meter safety
zones around the construction of 12
WTGs and one OSS are in the SFWF
project area within federal waters on the
OCS, specifically in the BOEM
Renewable Energy Lease Area OCS–A
0517, approximately 16 NM southeast of
Block Island, Rhode Island, and 30 NM
east of Montauk Point, New York.
The positions of each individual
safety zone proposed by this rulemaking
will be referred to using a unique alphanumeric naming convention outlined in
the ‘‘Rhode Island and Massachusetts
Structure Labeling Plot (West)’’.1
Aligning with authorities under 33
CFR 147.15, the proposed safety zones
would include the area within 500meters 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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WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
OSS
WTG
WTG
WTG
WTG
Latitude
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Approval Lease Number OCS–A 0517 (boem.gov)
and can be found at https://www.boem.gov/sites/
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41.093767
41.09416717
41.07587016
41.07628273
41.07669109
41.07709524
41.07749518
Longitude
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default/files/documents/renewable-energy/stateactivities/SFWF-COP-Terms-and-Conditions.pdf.
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approximately one NM spacing between
each position.
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The positions of the 13 proposed
safety zones are shown on the chartlets
below. For scaling purposes, there is
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BILLING CODE 9110–04–C
Navigation in the vicinity of the
proposed 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
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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
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13749
from the First Coast Guard District
Commander or designated
representative via VHF–FM channel 16
or by phone at 617–223–8555 (First
Coast Guard District Command Center).
If permission is granted, all persons and
vessels shall comply with the
instructions of the First Coast Guard
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District Commander or designated
representative.
The proposed regulatory text appears
at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive Orders related to rulemaking.
A summary of our analyses based on
these statutes and Executive Orders
follows.
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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
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 SFWF, 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,
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although these safety zones would be in
effect from May 1, 2023, through
December 31, 2023, vessels would only
be prohibited from the regulated zone
during periods of actual construction
activity in correspondence to the period
of enforcement. We expect the
enforcement period at each location to
last approximately 48 hours as
construction progresses from one
structure location to the next throughout
each of the two 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 would also be able to
request deviation from this rule to
transit through a safety zone. Such
requests would be considered on a case
by-case basis and may be authorized by
the First Coast Guard District
Commander or a designated
representative. For these reasons, the
Coast Guard expects any impact of this
rulemaking establishing a temporary
safety zone around these OCS facilities
to be minimal and have no significant
economic impact on small entities.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed rule would have
a significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this 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 proposed 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
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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
principles and preemption requirements
described in Executive Order 13132.
Also, this proposed 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 proposed 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
proposed rule would not result in such
an expenditure, we do discuss the
potential effects of this proposed 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 proposed
rule involves the establishment of a
safety zone around an OCS facility to
protect life, property, and the marine
environment. Normally such actions are
categorically excluded from further
review under paragraph L60 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
preliminary Record of Environmental
Consideration supporting this
determination is available in the docket.
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For instructions on locating the docket,
see the ADDRESSES section of this
preamble. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision-Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2023–0073 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
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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.
17:54 Mar 03, 2023
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 proposing
to amend 33 CFR part 147 as follows:
PART 147—SAFETY ZONES
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.
2. Add § 147.T01–0073 to read as
follows:
■
§ 147.T01–0073 Safety Zones; South Fork
Wind Farm Project Area, Outer Continental
Shelf, Lease OCS–A 0517, Offshore Rhode
Island, Atlantic Ocean.
(a) Description. The area within 500meters of the center point of the
positions provided in the table below is
a safety zone:
Facility type
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include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
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WTG
WTG
WTG
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WTG
WTG
OSS
WTG
WTG
WTG
WTG
Latitude
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(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 617–223–8555 (First
Coast Guard District Command Center).
(e) Effective and enforcement periods.
This section will be effective from May
1, 2023, through 11:59 p.m. on
December 31, 2023. But it will only be
enforced during active construction or
other instances which may cause a
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Longitude
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hazard to navigation deemed necessary
by the First Coast Guard District
Commander. The First Coast Guard
District Commander will make
notification of the exact dates and times
in advance of each enforcement period
for the locations above in paragraph (a)
of this section to the local maritime
community through the Local Notice to
Mariners and will issue a Broadcast
Notice to Mariners via marine channel
16 (VHF–FM) as soon as practicable in
response to an emergency. If the project
is completed before December 31, 2023,
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
E:\FR\FM\06MRP1.SGM
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13752
Federal Register / Vol. 88, No. 43 / Monday, March 6, 2023 / Proposed Rules
can be found at: https://
www.navcen.uscg.gov.
Dated: February 27, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2023–04306 Filed 3–3–23; 8:45 am]
BILLING CODE 9110–04–P
POSTAL REGULATORY COMMISSION
39 CFR Parts 3010, 3035, 3040
[Docket No. RM2023–5; Order No. 6446]
RIN 3211–AA34
Competitive Postal Products
Postal Regulatory Commission.
Advanced notice of proposed
rulemaking.
AGENCY:
ACTION:
The Commission initiates this
advanced notice of proposed
rulemaking to consider codifying
regulations pertaining to the addition of
Competitive negotiated service
agreements to the Competitive product
list. The Commission invites public
comment.
DATES: Comments are due: March 31,
2023. Reply comments are due: April
10, 2023.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION: The
current procedures and standards for
adding Negotiated Service Agreements
(NSAs) to the Competitive product list
have been addressed substantially
through separate orders issued by the
Commission in various dockets since
2008. Streamlining and codifying the
rules pertaining to Competitive NSAs
will provide increased clarity
concerning filing requirements and the
review process. Codifying such
procedures and standards also provides
an opportunity to make improvements
to the practices and precedents that
have developed, while maintaining the
opportunities for pricing flexibility that
NSAs afford the Postal Service. Thus,
the Commission seeks comments to
facilitate the development of such rules.
The Commission has developed a
conceptual framework (Framework) that
lotter on DSK11XQN23PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
17:54 Mar 03, 2023
Jkt 259001
could outline enhancements to its
regime for adding NSAs to the
Competitive product list. The core
feature of the Framework is the creation
of a three-track system to review NSAs
proposed to be added to the Competitive
product list. A proposed NSA would be
filed in one of three tracks, and each
track would have distinct filing and
review procedures providing different
levels of scrutiny and streamlined
review. The tracks would consist of a
Standard NSA track, a Custom NSA
track, and a non-published rates (NPR)
NSA track. The intent is to preserve the
Postal Service’s existing contracting
flexibility in the Custom NSA track,
while providing for streamlined preimplementation review for contracts
that satisfy the eligibility requirements
of the NPR NSA track or the Standard
NSA track.
The Framework provides new filing
and review procedures for the Standard
NSA track. These procedures would
include pre-approving financial models
to streamline review of individual NSAs
that reflect only existing Postal Service
offerings. By contrast, filing and review
procedures for NPR NSAs would
generally follow current practices.
Filing and review procedures under the
Custom NSA track would resemble
current, generally applicable filing and
review practices for non-NPR NSAs.
By the Commission.
Erica A. Barker,
Secretary.
[FR Doc. 2023–04473 Filed 3–3–23; 8:45 am]
BILLING CODE 7710–FW–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2021–0480; FRL–10676–
01–R6]
Air Plan Approval; Texas; New Source
Review Updates for Project Emissions
Accounting
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is proposing to approve portions of a
revision to the Texas State
Implementation Plan (SIP) submitted by
the Texas Commission on
Environmental Quality (TCEQ) on July
9, 2021. The revision includes updates
to the Texas Prevention of Significant
Deterioration (PSD) and Nonattainment
SUMMARY:
PO 00000
Frm 00036
Fmt 4702
Sfmt 4702
New Source Review (NNSR) permitting
programs to incorporate recent Federal
New Source Review (NSR) regulations
for Project Emissions Accounting (PEA).
Written comments must be
received on or before April 5, 2023.
DATES:
Submit your comments,
identified by Docket No. EPA–R06–
OAR–2021–0480, at https://
www.regulations.gov or via email to
wiley.adina@epa.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact Adina Wiley, (214) 665–2115,
wiley.adina@epa.gov. For the full EPA
public comment policy, information
about CBI or multimedia submissions,
and general guidance on making
effective comments, please visit https://
www.epa.gov/dockets/commenting-epadockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov. While all
documents in the docket are listed in
the index, some information may not be
publicly available due to docket file size
restrictions or content (e.g., CBI).
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Adina Wiley, EPA Region 6 Office, Air
Permits Section (ARPE), 214–665–2115,
wiley.adina@epa.gov. Out of an
abundance of caution for members of
the public and our staff, the EPA Region
6 office may be closed to the public to
reduce the risk of transmitting COVID–
19. We encourage the public to submit
comments via https://
www.regulations.gov. Please call or
email the contact listed above if you
need alternative access to material
indexed but not provided in the docket.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
E:\FR\FM\06MRP1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Proposed Rules]
[Pages 13745-13752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04306]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 147
[Docket Number USCG-2023-0073]
RIN 1625-AA00
Safety Zone; South Fork Wind Farm Project Area, Outer Continental
Shelf, Lease OCS-A 0517, Offshore Rhode Island, Atlantic Ocean
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish 13 temporary 500-
meter safety zones around the construction of 12 wind turbine
generators (WTGs) and one offshore substation (OSS) located in the
South Fork Wind Farm (SFWF) 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 0517,
approximately 16 nautical miles (NM) southeast of Block Island, Rhode
Island, and 30 NM east of Montauk Point, New York. 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
OSS platform from May 1, 2023, to December 31, 2023. 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 safety zones. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before April 5, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0073 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
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 617-223-8351,
email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
BOEM Bureau of Ocean Energy Management
CFR Code of Federal Regulations
DD Degrees Decimal
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
OCS Outer Continental Shelf
OSS Offshore Substation
NAD 83 North American Datum of 1983
NM Nautical Mile
Sec. Section
SFWF South Fork Wind Farm
U.S.C. United States Code
WTG Wind Turbine Generator
II. Background, Purpose, and Legal Basis
On October 20, 2022, Orsted Offshore North America, an offshore
wind farm developer, notified the Coast Guard that they plan to begin
construction of facilities in the SFWF project area within federal
waters on the OCS, specifically in the BOEM Renewable Energy Lease Area
OCS-A 0517, approximately 16 NM southeast of Block Island, Rhode
Island, and 30 NM east of Montauk Point, New York in May 2023.
The extremely complex offshore construction of these OCS facilities
presents many unusually hazardous conditions including hydraulic pile
driving hammer operations, heavy lift operations, overhead cutting
operations, potential falling debris, increased vessel traffic, and
stationary barges in close proximity to the facilities and each other.
Based on these circumstances, the First Coast Guard District
Commander has determined that establishment of 13 safety zones through
rulemaking is warranted to ensure the safety of life,
[[Page 13746]]
property, and the environment within a 500-meter radius of each of the
13 facilities during their construction.
---------------------------------------------------------------------------
\1\ The Rhode Island and Massachusetts Structure Labeling Plot
(West) is an attachment to the Conditions of Construction and
Operations Plan Approval Lease Number OCS-A 0517 (boem.gov) and can
be found at https://www.boem.gov/sites/default/files/documents/renewable-energy/state-activities/SFWF-COP-Terms-and-Conditions.pdf.
---------------------------------------------------------------------------
The Coast Guard is proposing 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.
III. Discussion of Proposed Rule
The District Commander is proposing to establish 13 temporary 500-
meter safety zones around the construction of 12 WTGs and one OSS on
the OCS from May 1, 2023, through 11:59 p.m. on December 31, 2023.
The construction of these facilities is expected to take place in
two phases beginning with the installation of monopile type foundations
for 12 WTGs and one OSS starting May 1, 2023. The second phase, which
will involve the installation of WTG structures and the OSS platform,
is anticipated to begin in August 2023. Commission and operation of the
turbines is expected by the end of 2023. The 13 temporary safety zones
would be enforced individually as construction progresses from one
structure location to the next throughout each of the two phases for a
period lasting approximately 48 hours. The Coast Guard would 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 December 31, 2023, to encompass any construction
delays due to weather or other unforeseen circumstances. If the project
is completed before December 31, 2023, enforcement of the safety zones
would be suspended, and notice given via Local Notice to Mariners.
Additional information about the construction process of the SFWF
can be found at https://www.boem.gov/renewable-energy/state-activities/south-fork.
The 13 temporary 500-meter safety zones around the construction of
12 WTGs and one OSS are in the SFWF project area within federal waters
on the OCS, specifically in the BOEM Renewable Energy Lease Area OCS-A
0517, approximately 16 NM southeast of Block Island, Rhode Island, and
30 NM east of Montauk Point, New York.
The positions of each individual safety zone proposed by this
rulemaking will be referred to using a unique alpha-numeric naming
convention outlined in the ``Rhode Island and Massachusetts Structure
Labeling Plot (West)''.\1\
Aligning with authorities under 33 CFR 147.15, the proposed safety
zones would 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).
----------------------------------------------------------------------------------------------------------------
Name Facility type Latitude Longitude
----------------------------------------------------------------------------------------------------------------
AM06............................ WTG............... N 41.10921219 W -71.16906236
AM07............................ WTG............... N 41.10962524 W -71.14702052
AM08............................ WTG............... N 41.11003408 W -71.12497822
AM09............................ WTG............... N 41.1104387 W -71.10293547
AN06............................ WTG............... N 41.0925412 W -71.16851369
AN07............................ WTG............... N 41.09295401 W -71.14647741
AN09............................ WTG............... N 41.093767 W -71.1024035
AN10............................ WTG............... N 41.09416717 W -71.08036587
AP06............................ OSS............... N 41.07587016 W -71.16796548
AP07............................ WTG............... N 41.07628273 W -71.14593476
AP08............................ WTG............... N 41.07669109 W -71.12390359
AP09............................ WTG............... N 41.07709524 W -71.10187197
AP10............................ WTG............... N 41.07749518 W -71.0798399
----------------------------------------------------------------------------------------------------------------
[[Page 13747]]
The positions of the 13 proposed safety zones are shown on the
chartlets below. For scaling purposes, there is approximately one NM
spacing between each position.
[GRAPHIC] [TIFF OMITTED] TP06MR23.012
[GRAPHIC] [TIFF OMITTED] TP06MR23.013
[[Page 13748]]
[GRAPHIC] [TIFF OMITTED] TP06MR23.014
[[Page 13749]]
[GRAPHIC] [TIFF OMITTED] TP06MR23.015
BILLING CODE 9110-04-C
Navigation in the vicinity of the proposed 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 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 617-223-8555 (First Coast Guard District Command Center). If
permission is granted, all persons and vessels shall comply with the
instructions of the First Coast Guard
[[Page 13750]]
District Commander or designated representative.
The proposed regulatory text appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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 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 SFWF, 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, 2023,
through December 31, 2023, vessels would only be prohibited from the
regulated zone during periods of actual construction activity in
correspondence to the period of enforcement. We expect the enforcement
period at each location to last approximately 48 hours as construction
progresses from one structure location to the next throughout each of
the two 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 would also be able to request deviation from this rule to
transit through a safety zone. Such requests would be considered on a
case by-case basis and may be authorized by the First Coast Guard
District Commander or a designated representative. For these reasons,
the Coast Guard expects any impact of this rulemaking establishing a
temporary safety zone around these OCS facilities to be minimal and
have no significant economic impact on small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this 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
proposed 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
principles and preemption requirements described in Executive Order
13132.
Also, this proposed 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 proposed 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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed 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 proposed rule involves the
establishment of a safety zone around an OCS facility to protect life,
property, and the marine environment. Normally such actions are
categorically excluded from further review under paragraph L60 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
preliminary Record of Environmental Consideration supporting this
determination is available in the docket.
[[Page 13751]]
For instructions on locating the docket, see the ADDRESSES section of
this preamble. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0073 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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
proposing to amend 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.T01-0073 to read as follows:
Sec. 147.T01-0073 Safety Zones; South Fork Wind Farm Project Area,
Outer Continental Shelf, Lease OCS-A 0517, 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:
----------------------------------------------------------------------------------------------------------------
Name Facility type Latitude Longitude
----------------------------------------------------------------------------------------------------------------
AM06............................ WTG............... N 41.10921219 W -71.16906236
AM07............................ WTG............... N 41.10962524 W -71.14702052
AM08............................ WTG............... N 41.11003408 W -71.12497822
AM09............................ WTG............... N 41.1104387 W -71.10293547
AN06............................ WTG............... N 41.0925412 W -71.16851369
AN07............................ WTG............... N 41.09295401 W -71.14647741
AN09............................ WTG............... N 41.093767 W -71.1024035
AN10............................ WTG............... N 41.09416717 W -71.08036587
AP06............................ OSS............... N 41.07587016 W -71.16796548
AP07............................ WTG............... N 41.07628273 W -71.14593476
AP08............................ WTG............... N 41.07669109 W -71.12390359
AP09............................ WTG............... N 41.07709524 W -71.10187197
AP10............................ WTG............... N 41.07749518 W -71.0798399
----------------------------------------------------------------------------------------------------------------
(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 617-223-8555 (First
Coast Guard District Command Center).
(e) Effective and enforcement periods. This section will be
effective from May 1, 2023, through 11:59 p.m. on December 31, 2023.
But it will only be enforced during active construction or other
instances which may cause a hazard to navigation deemed necessary by
the First Coast Guard District Commander. The First Coast Guard
District Commander will make notification of the exact dates and times
in advance of each enforcement period for the locations above in
paragraph (a) of this section to the local maritime community through
the Local Notice to Mariners and will issue a Broadcast Notice to
Mariners via marine channel 16 (VHF-FM) as soon as practicable in
response to an emergency. If the project is completed before December
31, 2023, 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
[[Page 13752]]
can be found at: https://www.navcen.uscg.gov.
Dated: February 27, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2023-04306 Filed 3-3-23; 8:45 am]
BILLING CODE 9110-04-P
