Safety Zone; South Fork Wind Farm Project Area, Outer Continental Shelf, Lease OCS-A 0517, Offshore Rhode Island, Atlantic Ocean, 27402-27407 [2023-09295]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 88, Number 84 (Tuesday, May 2, 2023)]
[Rules and Regulations]
[Pages 27402-27407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09295]


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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, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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 
anticipated 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

[[Page 27403]]

representative are permitted to enter or remain in the safety zones.

DATES: his rule is effective without actual notice from May 2, 2023, 
through 11:59 p.m. on December 31, 2023. For the purposes of 
enforcement, actual notice will be used from May 1, 2023, until May 2, 
2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0073 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
rulemaking, call or email Mr. Craig Lapiejko, Waterways Management, at 
Coast Guard First District, telephone 617-603-8592, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

BOEM Bureau of Ocean Energy Management
CFR Code of Federal Regulations
DD Degrees Decimal
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
OCS Outer Continental Shelf
OSS Offshore Substation
NAD 83 North American Datum of 1983
NM Nautical Mile
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 in May 2023 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.
    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 6, 2023, the 
Coast Guard published a notice of proposed rulemaking (NPRM) titled 
``Safety Zone; South Fork Wind Farm Project Area, Outer Continental 
Shelf, Lease OCS-A 0517, Offshore Rhode Island, Atlantic Ocean'' (88 FR 
13745). 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 12 WTGs and one OSS located in 
the SFWF project area. On March 15, 2023, while the comment period was 
open, the Coast Guard published a NPRM correcting amendment titled 
``Safety Zone; South Fork Wind Farm Project Area, Outer Continental 
Shelf, Lease OCS-A 0517, Offshore Rhode Island, Atlantic Ocean, 
Corrections'' (88 FR 15939), where we corrected a set of coordinates 
and four labeling plot locations. In total, 11 comments were received 
during the comment period that ended April 5, 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 SFWF project area ended on April 5, 2023, and the 
project is scheduled to begin on May 1, 2023. Thus, there is 
insufficient time to allow for 30-days before the rule becomes 
effective before the need to enforce this safety zone arises on May 1, 
2023. 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 13 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 13 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 11 public comments on our 
NPRM published March 6, 2023. Five of the 11 comments were supportive 
of the 13 temporary 500-meter safety zones and six commenters were 
opposed. Those opposing the NPRM communicated this opposition relative 
to wind farm construction in general and not necessarily in regard to 
our proposed rule and the enforcement of safety zones around this 
construction. We provide a detail discussion of each comment below.
    Four commenters agreed with our proposed rule to create 13 
temporary 500-meter safety zones during construction of these OCS 
facilities to protect life, property, and the environment.
    One commenter generally supported the proposed rule and offered 
three additional recommendations for the Coast Guard to consider.
    First, the commenter recommended we extend the safety zones 500-
meters from the outer perimeter of attending, primary construction 
vessels once those vessels have achieved stationary position to conduct 
construction activities vice from the center point of the construction 
site. Although the Coast Guard could maximize the area of the safety 
zone by using our complete authorities within 33 CFR part 147, we 
believe that enforcement of the 500-meter zone from the center point of 
construction as a fixed geographic position is most appropriate for 
this particular offshore construction project. Using the center point 
of construction to base the location of the safety zone ensures there 
is a balance between ensuring safety and reducing impact on vessel 
transit.
    Second, the commenter recommended we expand the definition of 
``designated representative'' to include an appropriate employee or 
contractor of Orsted or South Fork Wind, LLC in order to facilitate 
navigation around and through the safety zones and enhance effective 
communications when safety zones are enforced. The Coast Guard believes 
that the definition of ``designated representative'' as cited in our 
proposed rule 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),

[[Page 27404]]

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 need to broaden 
representative designation or the authority to permit passage through 
and around the enforced safety zone. Maintaining designation to Coast 
Guard Patrol Commander, including a Coast Guard coxswain, petty 
officer, or other officer operating a Coast Guard vessel and a Federal, 
State, and local officer designated by or assisting the First Coast 
Guard District Commander in the enforcement of the safety zones will 
ensure consistent application.
    Finally, the commenter suggested adding verbiage to indicate the 
safety zone would be enforceable once any construction vessel has 
achieved a stationary position. Although the Coast Guard could add this 
language based on our authorities within 33 CFR part 147, for this 
particular offshore construction project, the Coast Guard believes that 
an enforcement period correlated to a regularly updated date range 
published in the LNM is the more easily interpretated, reliable, and 
enforceable risk mitigation. Utilizing the stationary positioning of 
the construction vessel as the triggering event for enforcement also 
may create confusion for the impacted mariner because it could be 
difficult to discern which vessel is the ``construction vessel'' or if 
it is in fact stationary. Therefore, the Coast Guard intends to 
alleviate this ambiguity by utilizing time and date-based notifications 
of enforcement that correspond to the progression of construction.
    Of the six opposing comments, three commenters expressed concerns 
about wind farm construction projects and stated their general 
opposition to all similar construction projects in the region. The 
Coast Guard acknowledges these comments and concerns. Coast Guard 
authorities direct us to assess the potential safety risks associated 
with such complex and unusually hazardous construction projects and 
require establishment of the safety zones to ensure the safety of life, 
property, and the environment.
    One expressed a concern that a 500-meter temporary safety zone was 
too large. The Coast Guard disagrees. As we stated in our proposed 
rule, the construction of these OCS facilities presents many unusually 
hazardous conditions including hydraulic pile driving hammer 
operations, heavy lift operations, overhead cutting operations, and 
potential falling debris that may impact the area surrounding the 
construction site up to 500 meters. Additionally, the developer's 
construction plan describes increased vessel traffic and stationary 
barges operating in close proximity to the facilities and each other. 
Therefore, the Coast Guard believes that for this particular offshore 
project, a 500-meter temporary safety zone during the active 
construction of each structure is necessary to protect life, property, 
and the environment without posing significant impact on vessel 
transit.
    Two commenters expressed their concern that the proposed safety 
zones will force vessels to transit around the area rather than by 
direct routes, leading to increased fuel consumption and risk in the 
instance of severe weather. The Coast Guard disagrees. Although the 
rule is effective, and enforceable, through December 31, 2023, each of 
the 13 temporary safety zones will be enforced individually as 
construction progresses from one structure location to the next with 
each lasting only approximately 48 hours. The Coast Guard believes that 
due to the short and individual duration of enforcement, this action 
will pose little impact on their voyage or the directness of their 
route. Additionally, vessels will be able to request permission to 
transit through the safety zone. Such requests will be considered on a 
case by-case basis and may be authorized by the First Coast Guard 
District Commander or a designated representative.
    One commenter expressed their concern that these 13 temporary 500-
meter safety zones would become permanent. The Coast Guard is 
establishing these 13 safety zones to be temporary in nature and only 
effective and enforceable through December 31, 2023. 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. Any 
desire by the Coast Guard to create permanent safety zones would 
require addition notice and comment rulemaking.
    After considering the comments discussed above, the Coast Guard 
determined that no additional changes should be made to the regulatory 
text based on these comments. As written, the Coast Guard believes that 
the rule ensures consistency, sufficient notice, and improved safety 
while minimizing impact on vessel transit.
    Due to previously discovered errors and changes in the scheduling, 
there are five changes to the regulatory text of this rule from the 
proposed rule in the NPRM. On March 15, 2023, the Coast Guard published 
a NPRM correcting amendment \1\ where we discussed the five edits to 
the position table, including four labeling plot location errors and 
one error of the coordinates describing a labeling plot location. 
Specifically, we corrected the four labeling plot location errors by 
replacing AN07, AM09, AN10, and AP10 with AM05, AN05, AP05, and AN08, 
and corrected the coordinates describing AN06.
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    \1\ Safety Zone; South Fork Wind Farm Project Area, Outer 
Continental Shelf, Lease OCS-A 0517, Offshore Rhode Island, Atlantic 
Ocean, Corrections (88 FR 15939).
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    This rule establishes 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 13 temporary safety zones will be enforced individually for a 
period lasting approximately 48 hours as construction progresses from 
one structure location to the next. 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 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 
will 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 16NM southeast of Block Island, Rhode Island, and 
30 NM east of Montauk Point, New York.
    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)''.\2\
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    \2\ The Rhode Island and Massachusetts Structure Labeling Plot 
(West) is an attachment to the Conditions of Construction and 
Operations Plan Approval Lease Number OCS-A 0517 (boem.gov) and can 
be found at https://www.boem.gov/sites/default/files/documents/renewable-energy/state-activities/SFWF-COP-Terms-and-Conditions.pdf.
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    Aligning with authorities under 33 CFR 147.15, the safety zones 
will include the area within 500-meters of

[[Page 27405]]

the center point of the positions provided in the updated 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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AM05............................  WTG...............  N 41.10879493                 W -71.19110374
AM06............................  WTG...............  N 41.10921219                 W -71.16906236
AM07............................  WTG...............  N 41.10962524                 W -71.14702052
AM08............................  WTG...............  N 41.11003408                 W -71.12497822
AN05............................  WTG...............  N 41.09212418                 W -71.19054951
AN06............................  WTG...............  N 41.09195639                 W -71.16788437
AN08............................  WTG...............  N 41.09336261                 W -71.12444068
AN09............................  WTG...............  N 41.093767                   W -71.1024035
AP05............................  WTG...............  N 41.07545338                 W -71.18999573
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
----------------------------------------------------------------------------------------------------------------

    The positions of the 13 safety zones are shown on the updated 
chartlet below. For scaling purposes, there is approximately one NM 
spacing between each position.
[GRAPHIC] [TIFF OMITTED] TR02MY23.004

    When enforced, no unauthorized vessel or person will 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 will be considered and approved on a 
case-by-case basis. Persons or vessels seeking to enter the safety zone 
must request authorization from the First Coast Guard District 
Commander or designated representative via VHF-FM channel 16 or by 
phone at 866-842-1560 (First Coast Guard District Command Center). If 
permission is granted, all persons and vessels must comply with the 
instructions of the First Coast Guard District Commander or designated 
representative.
    The regulatory text 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. 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 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 will impact a small, designated 
area in the Atlantic Ocean, without significant impediment to their 
overall voyage. This safety zone is necessary to provide for the safety 
of life, property, and the environment during the construction of each

[[Page 27406]]

structure, in accordance with Coast Guard maritime safety missions and 
the First Coast Guard District Commander's finding.

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 zero 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 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 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 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 will also be able 
to request deviation from this rule to transit through a safety zone. 
Such requests will 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 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 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 rule will not result in 
such an expenditure, we do discuss the potential effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves the 
establishment of a safety 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 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.T01-0073 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

[[Page 27407]]

positions (NAD83) provided in the following table is a safety zone:

                                            Table 1 to Paragraph (a)
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              Name                   Facility type              Latitude                      Longitude
----------------------------------------------------------------------------------------------------------------
AM05............................  WTG...............  N 41.10879493                 W -71.19110374
AM06............................  WTG...............  N 41.10921219                 W -71.16906236
AM07............................  WTG...............  N 41.10962524                 W -71.14702052
AM08............................  WTG...............  N 41.11003408                 W -71.12497822
AN05............................  WTG...............  N 41.09212418                 W -71.19054951
AN06............................  WTG...............  N 41.09195639                 W -71.16788437
AN08............................  WTG...............  N 41.09336261                 W -71.12444068
AN09............................  WTG...............  N 41.093767                   W -71.1024035
AP05............................  WTG...............  N 41.07545338                 W -71.18999573
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
----------------------------------------------------------------------------------------------------------------

    (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 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 866-842-1560 (First 
Coast Guard District Command Center).
    (e) Effectiveness and enforcement periods. This section is in 
effect 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 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 can be found at: https://www.navcen.uscg.gov.

    Dated: April 27, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2023-09295 Filed 4-27-23; 4:15 pm]
BILLING CODE 9110-04-P