Safety Zone; Vineyard Wind 1 Wind Farm Project Area, Outer Continental Shelf, Lease OCS-A 0501, Offshore Massachusetts, Atlantic Ocean, 42237-42243 [2023-14073]
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Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Rules and Regulations
§ 310.28
[Amended]
§ 310.29
[Amended]
11. Amend § 310.29 by removing and
reserving paragraphs (c)(12) and (13).
■
Dated: June 27, 2023.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2023–13969 Filed 6–29–23; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
I. Table of Abbreviations
Coast Guard
33 CFR Part 147
[Docket Number USCG–2023–0277]
RIN 1625–AA00
Safety Zone; Vineyard Wind 1 Wind
Farm Project Area, Outer Continental
Shelf, Lease OCS–A 0501, Offshore
Massachusetts, Atlantic Ocean
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing 63 temporary 500-meter
safety zones around the construction of
62 wind turbine generators (WTGs) and
one electrical service platform (ESP)
located in the Vineyard Wind 1 Wind
Farm (VW1WF) project area within
federal waters on the Outer Continental
Shelf (OCS), specifically in the northern
portion of Bureau of Ocean Energy
Management (BOEM) Renewable Energy
Lease Area OCS–A 0501, approximately
12 nautical miles (NM) offshore of
Martha’s Vineyard, Massachusetts and
12 NM offshore Nantucket,
Massachusetts. This action is necessary
to provide for the safety of life, property,
and the environment during the
planned construction of each facility’s
monopile type foundation and
subsequent installation of the WTGs
turbines and ESP platform from June 27,
2023, to May 31, 2024. When enforced,
only attending vessels and those vessels
specifically authorized by the First
Coast Guard District Commander, or a
designated representative, are permitted
to enter or remain in the temporary
safety zones.
DATES: This rule is effective without
actual notice from June 30, 2023,
through 11:59 p.m. on May 31, 2024.
For the purposes of enforcement, actual
notice will be used from June 27, 2023,
until June 30, 2023.
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SUMMARY:
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To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0277 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
rulemaking, call or email Mr. Craig
Lapiejko, Waterways Management, at
Coast Guard First District, telephone
617–603–8592, email craig.d.lapiejko@
uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
10. Amend § 310.28 by removing and
reserving paragraph (c)(5).
■
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BOEM Bureau of Ocean Energy
Management
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
DD Degrees Decimal
DHS Department of Homeland Security
EIS Environmental Impact Statement
FR Federal Register
MSIB Marine Safety Information Bulletin
NPRM Notice of proposed rulemaking
OCS Outer Continental Shelf
OSS Offshore Substation
LNM Local Notice to Mariners
NAD 83 North American Datum of 1983
NM Nautical Mile
§ Section
SMIB Safety Marine Information Broadcast
U.S.C. United States Code
WTG Wind Turbine Generator
VHF–FM Very High Frequency—Frequency
Modulation
VW1WF Vineyard Wind 1 Wind Farm
II. Background, Purpose, and Legal
Basis
On March 15, 2023, Vineyard Wind,
LLC, an offshore wind farm developer,
notified the Coast Guard that they plan
to begin construction of facilities in the
VW1WF project area within federal
waters on the OCS, specifically in the
northern portion of BOEM Renewable
Energy Lease Area OCS–A 0501,
approximately 12 NM offshore Martha’s
Vineyard, Massachusetts and 12 NM
offshore Nantucket, Massachusetts in
June 2023.
After determining that establishment
of safety zones was necessary to provide
for the safety of life, property, and the
environment during the anticipated
construction of the structures, on May 3,
2023, the Coast Guard published a
notice of proposed rulemaking (NPRM)
titled ‘‘Safety Zone; Vineyard Wind 1
Wind Farm Project Area, Outer
Continental Shelf, Lease OCS–A 0501,
Offshore Massachusetts, Atlantic
Ocean’’ (88 FR 27839). There we
explained the basis for the NPRM and
invited comments on our proposed
regulatory action related to the
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42237
establishment of safety zones around the
construction of 62 WTGs and one ESP
located in the VW1WF project area. Five
comments were received during the
comment period that ended June 2,
2023.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. The comment period for the
NPRM associated with the VW1WF
project area ended on June 2, 2023, and
construction for the project has already
begun. Thus, there is insufficient time to
allow for 30-days before the rule
becomes effective. Delaying the effective
date of this rule would be impracticable
because immediate action is needed to
respond to the potential safety risks
associated with the extremely complex
and unusually hazardous construction
of these OCS facilities including
hydraulic pile driving hammer
operations, heavy lift operations,
overhead cutting operations, potential
falling debris, increased vessel traffic,
and stationary barges in close proximity
to the facilities and each other.
Based on these circumstances, the
First Coast Guard District Commander
has determined that establishment of 63
safety zones through rulemaking is
warranted to ensure the safety of life,
property, and the environment within a
500-meter radius of each of the 63
facilities during their construction.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under the authority provided in 14
U.S.C. 544, 43 U.S.C. 1333, and
Department of Homeland Security
(DHS) Delegation No. 00170.1, Revision
No. 01.3. As an implementing regulation
of this authority, 33 CFR part 147
permits the establishment of safety
zones for non-mineral energy resource
permanent or temporary structures
located on the OCS for the purpose of
protecting life and property on the
facilities, appurtenances and attending
vessels, and on the adjacent waters
within the safety zone (see 33 CFR
147.10). Accordingly, a safety zone
established under 33 CFR part 147 may
also include provisions to restrict,
prevent, or control certain activities,
including access by vessels or persons
to maintain safety of life, property, and
the environment.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, the Coast Guard
received five public comments on the
NPRM published May 3, 2023. All five
commenters expressed general
opposition to wind farm construction.
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Three commenters expressed specific
opposition to the proposed rule and the
enforcement of safety zones around
construction. Two commenters
questioned Coast Guard’s authority to
establish safety zones on the Outer
Continental Shelf and stated concerns
that impact of safety zones was not
analyzed by BOEM during the VW1WF
Final Environmental Impact Statement
(EIS) process. We provide a detailed
discussion of those comments below.
First, the Coast Guard is issuing this
rule under the authority provided in 14
U.S.C. 544, 43 U.S.C. 1333, and
Department of Homeland Security
(DHS) Delegation No. 00170.1, Revision
No. 01.3. On January 1, 2021, Congress
enacted the William M. (Mac)
Thornberry National Defense
Authorization Act for Fiscal Year 2021
(NDAA), Public Law 116–283, 134 Stat.
3388. Section 9503 of the NDAA
amended Section 4(a)(1) of the Outer
Continental Shelf Lands Act (43 U.S.C.
1333(a)(1)) to specifically include nonmineral energy resources. On January
11, 2023, the Coast Guard published a
final rule titled ‘‘Safety Zones;
Technical and Conforming
Amendments’’ (88 FR 1511), which
made non-substantive technical and
conforming amendments to the Code of
Federal Regulations (CFR) at part 147.
That rule enabled the Coast Guard to
place safety zones for non-mineral
energy resource facilities on the Outer
Continental Shelf in part 147 where
other OCS safety zone regulations are
located.
As an implementing regulation of this
authority, 33 CFR part 147 permits the
establishment of safety zones for nonmineral energy resource permanent or
temporary structures located on the OCS
for the purpose of protecting life and
property on the facilities, appurtenances
and attending vessels, and on the
adjacent waters within the safety zone
(see 33 CFR 147.10). Accordingly, a
safety zone established under 33 CFR
part 147 may also include provisions to
restrict, prevent, or control certain
activities, including access by vessels or
persons to maintain safety of life,
property, and the environment.
Second, while the safety zones were
not analyzed by BOEM during the EIS
process, the Coast Guard has analyzed
this rule under Department of
Homeland Security Directive 023–01,
Rev. 1, associated implementing
instructions, and Environmental
Planning COMDTINST 5090.1 (series),
which guide the Coast Guard’s
compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f). The Coast Guard
has determined that the action is one of
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16:27 Jun 29, 2023
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a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule establishes a
safety zone around an OCS facility to
protect life, property, and the marine
environment and categorically excluded
from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. A Record of Environmental
Consideration supporting this
determination is available in the subject
docket. For instructions on locating the
docket, see the ADDRESSES section of the
preamble.
One commenter disagreed with the
finding of no significant economic
impact on small entities. While this rule
may affect some owners or operators of
small entities, the Coast Guard believes
these safety zones will have a minimal
economic impact because the safety
zones are temporarily enforced, allow
for deviation requests, and do not
significantly impact transits. Vessels
will only be prohibited from the
regulated zone during periods of actual
construction activity. The Coast Guard
anticipates the enforcement period at
each location to last approximately 48
hours. Vessel traffic will be able to pass
safely around each safety zone using an
alternate route. Use of an alternate route
will likely cause minimal delay for
vessels in reaching their destination
depending on other traffic in the area
and vessel speeds. Vessels will be
permitted to request deviations from
this rule to transit through a safety zone.
Such requests would be considered on
a case by case basis and may be
authorized by the First Coast Guard
District Commander.
That same commenter expressed
concerns about the effective date of the
safety zones not aligning with the dates
and timing of actual construction and
that there is nothing preventing the
Coast Guard from enacting future
exclusion zones.
Although the Coast Guard has been
aware of the VW1WF project area for
several years, the Coast Guard was only
recently granted the authority to
establish safety zones for non-mineral
energy resource facilities on the Outer
Continental Shelf. The Coast Guard was
notified of the estimated construction
details on March 15, 2023, and was
notified of the exact construction
commencement date after the NPRM
was published. The Coast Guard views
public participation as essential to
effective rulemaking and determined
that it was in the public interest to open
the comment period. The 63 safety
zones established by this rule are
intended to be temporary and are
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enforceable only through May 31, 2024.
If the project is completed before May
31, 2024, enforcement of the safety
zones will be suspended, and notice
will be provided via Local Notice to
Mariners. The implementation of
additional safety zones would require
additional notice and comment
rulemaking.
One commenter offered two
recommendations for the Coast Guard to
consider when establishing temporary
safety zones.
First, the commenter recommended
additional means of making notice of
each enforcement period.
Recommendations included: directly
notifying local commercial fishing
organizations, creating a dedicated web
page, and requiring vessel on-scene
during all construction activities whose
sole role is to patrol the area and ensure
vessels are aware of the safety zone. As
stated in the proposed rule, the Coast
Guard will make notice of each
enforcement period via the First Coast
Guard District Local Notice to Mariners
(LNM). The LNM has historically been
the primary means for disseminating
information concerning aids to
navigation, hazards to navigation, and
other marine information of interest to
mariners on the waters of the United
States. The First Coast Guard District
LNM is available online and can be
found at its dedicated website at https://
www.navcen.uscg.gov. Notices are
published weekly. Interested parties
may subscribe to receive email updates
at https://service.govdelivery.com/
accounts/USDHSCG/subscriber/
new?topic_id=USDHSCG_65. The Coast
Guard believes the use of the LNM to be
the most efficient means to distribute
information concerning enforcement
periods for these safety zones.
The proposed rule stated that the
Coast Guard would issue a Broadcast
Notice to Mariners (BNM) via marine
channel 16 (VHF–FM) as soon as
practicable in response to an emergency
or hazardous condition. The Coast
Guard now offers an online subscription
service in addition to the standard VHF
BNM broadcasts which, traditionally,
was the only method to receive this vital
navigational information. Mariners may
now use a subscription service to plan
for underway periods and can receive
updates to navigational hazards in nearreal-time without waiting on scheduled
VHF broadcasts. Sign up to receive
BNMs via email for your waterway at
https://www.navcen.uscg.gov/subscribeemail-rss-feeds.
The Coast Guard will also issue Safety
Marine Information Broadcasts (SMIB)
via marine channel 16 (VHF–FM) for
each Safety Zone starting an hour before
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and broadcasting four times per day for
the duration of the safety zone and
Marine Safety Information Bulletins
(MSIB) are distributed via email. MSIBs
will also be posted on Coast Guard
Sector Southeastern New England’s
Homeport at https://homeport.uscg.mil/
port-directory/southeastern-newengland-(providence).
Additionally, Vineyard Wind will
provide dedicated safety and scout
vessels on scene to provide advisory
information.
Second, the commenter recommended
the definition of a designated
representative be expanded if requests
to deviate from the rule to transit
through a safety zone becomes time
consuming. Specifically, the
recommendation was to expand the
definition of ‘‘designated
representative’’ to account for need to
process rule deviations in a timely
manner. The Coast Guard does not
anticipate delays from our designated
representatives. Upon further
examination, the Coast Guard believes
that the current definition of
‘‘designated representative’’ should be
maintained. Based on the particular
details of this offshore construction
project, including the short duration of
the enforcement period (approximately
48 hours during active construction),
the more distant offshore location which
sees less vessel traffic, and the types of
large vessels that are most likely to
navigate in the vicinity of the safety
zones (commercial shipping, fishing,
and tugs with tows), the Coast Guard
finds no compelling necessity to
broaden representative designation or
the authority to permit passage through
and around the safety zones.
Maintaining designation to Coast Guard
Patrol Commander, including a Coast
Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel
and a Federal, State, and local officer
designated by or assisting the First Coast
Guard District Commander in the
enforcement of the safety zones will
ensure consistent application.
The First Coast Guard District has
factored applicable statutes and
regulations into the subject rule.
Applicable authorities are cited in
section III. of this document.
After considering the comments
discussed above, the Coast Guard
determined that no additional changes
should be made to the regulatory text.
The rule ensures consistency, sufficient
notice, and improved safety while
minimizing impact on vessel transit.
There is one change to the regulatory
text of this rule from the proposed rule
in the NPRM to account for the delay in
the effective date.
This rule establishes 63 temporary
500-meter safety zones around the
construction of 62 WTGs and one ESP
on the OCS from June 27, 2023, through
11:59 p.m. on May 31, 2024.
The construction of these facilities is
expected to take place in mixed phases
alternating between the installation of
several monopile type foundations
followed by the installation of the upper
structures then repeating this process
throughout the project area until all 63
facilities have been completed. The 63
temporary safety zones would be
enforced individually as construction
progresses from one structure location
to the next throughout the entire process
for a period lasting approximately 48
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Name
Facility type
AL38 ..................................................................................................
AM37 .................................................................................................
AM38 .................................................................................................
AM39 .................................................................................................
AN36 .................................................................................................
AN37 .................................................................................................
AN38 .................................................................................................
AN39 .................................................................................................
AP35 ..................................................................................................
AP36 ..................................................................................................
AP37 ..................................................................................................
AP38 ..................................................................................................
AP39 ..................................................................................................
AP40 ..................................................................................................
AP41 ..................................................................................................
AQ34 .................................................................................................
AQ35 .................................................................................................
AQ36 .................................................................................................
AQ37 .................................................................................................
AQ38 .................................................................................................
AQ39 .................................................................................................
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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WTG
ESP
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
Approval Lease Number OCS–A 0517 (boem.gov)
and can be found at https://www.boem.gov/sites/
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hours. The Coast Guard will make
notice of each enforcement period via
the Local Notice to Mariners and issue
a Broadcast Notice to Mariners via
marine channel 16 (VHF–FM) as soon as
practicable in response to an emergency
or hazardous condition. The Coast
Guard is publishing this rulemaking to
be effective, and enforceable, through
May 31, 2024, to encompass any
construction delays due to weather or
other unforeseen circumstances. If the
project is completed before May 31,
2024, enforcement of the safety zones
would be suspended, and notice given
via Local Notice to Mariners.
Additional information about the
construction process of the VW1WF can
be found at https://www.boem.gov/
vineyard-wind.
The 63 temporary 500-meter safety
zones around the construction of 62
WTGs and one ESP are in the VW1WF
project area, specifically in the northern
portion of BOEM Renewable Energy
Lease Area OCS–A 0501, approximately
12 NM offshore of Martha’s Vineyard,
Massachusetts and 12 NM offshore
Nantucket, Massachusetts, within
federal waters on the OCS.
The positions of each individual
safety zone will be referred to using a
unique alpha-numeric naming
convention outlined in the ‘‘Rhode
Island and Massachusetts Structure
Labeling Plot (West).’’ 1
Aligning with authorities under 33
CFR 147.15, the safety zones will
include the area within 500-meters of
the center point of the positions
provided in the table below expressed
in Decimal Degrees (DD) based on North
American Datum 1983 (NAD 83).
Latitude
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
42239
41.1370161
41.1200616
41.1203387
41.1206168
41.1030927
41.1033791
41.1036612
41.1039392
41.0861251
41.0864155
41.0867017
41.0869837
41.0872615
41.0875351
41.0878044
41.0691535
41.0694480
41.0697382
41.0700243
41.0703061
41.0705837
Longitude
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
¥70.4638911
¥70.4851682
¥70.4635204
¥70.4414663
¥70.5072461
¥70.4851982
¥70.4631500
¥70.4411014
¥70.5289069
¥70.5068649
¥70.4848226
¥70.4627799
¥70.4407369
¥70.4186937
¥70.3966501
¥70.5505566
¥70.5285205
¥70.5064840
¥70.4844472
¥70.4624101
¥70.4403727
default/files/documents/renewable-energy/stateactivities/SFWF-COP-Terms-and-Conditions.pdf.
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Name
Facility type
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AQ40 .................................................................................................
AQ41 .................................................................................................
AQ42 .................................................................................................
AR33 .................................................................................................
AR34 .................................................................................................
AR35 .................................................................................................
AR36 .................................................................................................
AR37 .................................................................................................
AR38 .................................................................................................
AR39 .................................................................................................
AR40 .................................................................................................
AR41 .................................................................................................
AR42 .................................................................................................
AS32 ..................................................................................................
AS33 ..................................................................................................
AS34 ..................................................................................................
AS35 ..................................................................................................
AS36 ..................................................................................................
AS37 ..................................................................................................
AS38 ..................................................................................................
AS39 ..................................................................................................
AS40 ..................................................................................................
AS41 ..................................................................................................
AS42 ..................................................................................................
AT33 ..................................................................................................
AT34 ..................................................................................................
AT35 ..................................................................................................
AT36 ..................................................................................................
AT37 ..................................................................................................
AT38 ..................................................................................................
AT39 ..................................................................................................
AT40 ..................................................................................................
AT41 ..................................................................................................
AU36 .................................................................................................
AU37 .................................................................................................
AU38 .................................................................................................
AU39 .................................................................................................
AU40 .................................................................................................
AV37 ..................................................................................................
AV38 ..................................................................................................
AV39 ..................................................................................................
AW38 .................................................................................................
When enforced, no unauthorized
vessel or person would be permitted to
enter the safety zone without obtaining
permission from the First Coast Guard
District Commander or a designated
representative. Requests for entry into
the safety zone would be considered
and reviewed on a case-by-case basis.
Persons or vessels seeking to enter the
safety zone must request authorization
from the First Coast Guard District
Commander or designated
representative via VHF–FM channel 16
or by phone at 617–603–1560 (First
Coast Guard District Command Center).
If permission is granted, all persons and
vessels shall comply with the
instructions of the First Coast Guard
District Commander or designated
representative.
The regulatory text appears at the end
of this document.
IV. Regulatory Analyses
We developed this rule after
considering numerous statutes and
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WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
Latitude
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
Executive orders related to rulemaking.
A summary of our analyses based on
these statutes and Executive orders
follows.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866 as amended by
Executive Order 14094 (Modernizing
Regulatory Review). Accordingly, the
rule has not been reviewed by the Office
of Management and Budget (OMB).
Aligning with 33 CFR 147.15, the
established safety zones will extend to
a maximum distance of 500-meters
around the OCS facility measured from
its center point. Vessel traffic will be
able to safely transit around the safety
zones, which would impact a small,
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41.0708571
41.0711263
41.0713913
41.0521781
41.0524766
41.0527709
41.0530609
41.0533468
41.0536285
41.0539059
41.0541792
41.0544482
41.0547130
41.0351987
41.0355012
41.0357995
41.0360937
41.0363836
41.0366693
41.0369508
41.0372281
41.0375012
41.0377701
41.0380347
41.0188243
41.0191225
41.0194164
41.0197062
41.0199917
41.0202731
41.0205502
41.0208231
41.0210918
41.0030287
41.0033141
41.0035953
41.0038722
41.0041450
40.9866364
40.9869174
40.9871942
40.9702395
Longitude
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
¥70.4183350
¥70.3962970
¥70.3742587
¥70.5721951
¥70.5501649
¥70.5281343
¥70.5061034
¥70.4840722
¥70.4620407
¥70.4400088
¥70.4179767
¥70.3959442
¥70.3739115
¥70.5938225
¥70.5717982
¥70.5497735
¥70.5277485
¥70.5057231
¥70.4836975
¥70.4616715
¥70.4396452
¥70.4176186
¥70.3955918
¥70.3735646
¥70.5714016
¥70.5493824
¥70.5273630
¥70.5053432
¥70.4833231
¥70.4613027
¥70.4392819
¥70.4172609
¥70.3952396
¥70.5049636
¥70.4829490
¥70.4609341
¥70.4389190
¥70.4169035
¥70.4825752
¥70.4605659
¥70.4385563
¥70.4601980
designated area in the Atlantic Ocean,
without significant impediment to their
voyage. This safety zone will provide for
the safety of life, property, and the
environment during the construction of
each structure, in accordance with Coast
Guard maritime safety missions.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received no comments
from the Small Business Administration
on this rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
rule would not have a significant
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30JNR1
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Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Rules and Regulations
economic impact on a substantial
number of small entities.
This rule may affect owners or
operators of vessels intending to transit
or anchor in the VW1WF, some of
which might be small entities. However,
these safety zones will not have a
significant economic impact on a
substantial number of these entities
because they are temporarily enforced,
allow for deviation requests, and do not
impact vessel transit significantly.
Regarding the enforcement period,
although these safety zones will be in
effect from June 27, 2023, through May
31, 2024, vessels will only be prohibited
from the regulated zone during periods
of actual construction activity in
correspondence to the period of
enforcement. We expect the
enforcement period at each location to
last approximately 48 hours as
construction progresses from one
structure location to the next throughout
the mixed phases. Additionally, vessel
traffic could pass safely around each
safety zone using an alternate route. Use
of an alternate route likely will cause
minimal delay for the vessel in reaching
their destination depending on other
traffic in the area and vessel speed.
Vessels will also be able to request
deviation from this rule to transit
through a safety zone. Such requests
would be considered on a case by-case
basis and may be authorized by the First
Coast Guard District Commander or a
designated representative. For these
reasons, the Coast Guard expects any
impact of this rulemaking establishing a
temporary safety zone around these OCS
facilities to be minimal and have no
significant economic impact on small
entities.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist all small entities in
understanding this temporary final rule.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
VerDate Sep<11>2014
16:27 Jun 29, 2023
Jkt 259001
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This temporary final rule will not call
for a new collection of information
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132
(Federalism), if it has a substantial
direct effect on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this rule under that order and have
determined that it is consistent with the
fundamental federalism principles and
preemption requirements described in
Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175 (Consultation and Coordination
with Indian Tribal Governments)
because it would not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
temporary final rule will not result in
such an expenditure, we do discuss the
potential effects of this temporary final
rule elsewhere in this preamble.
F. Environment
We have analyzed this final rule
under Department of Homeland
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
42241
Security Directive 023–01, Rev. 1,
associated implementing instructions,
and Environmental Planning
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of safety zones around an
OCS facility to protect life, property,
and the marine environment. It is
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
List of Subjects in 33 CFR Part 147
Continental shelf, Marine safety,
Navigation (waters).
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 147 as follows:
PART 147—SAFETY ZONES
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.T01–0277 to read as
follows:
■
§ 147.T01–0277 Safety Zones; Vineyard
Wind 1 Wind Farm Project Area, Outer
Continental Shelf, Lease OCS–A 0501,
Offshore Massachusetts, Atlantic Ocean.
(a) Description. The area within 500meters of the center point of the
positions provided in the following
table is a safety zone:
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Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Rules and Regulations
TABLE 1 TO PARAGRAPH (a)
ddrumheller on DSK120RN23PROD with RULES1
Name
Facility type
AL38 ...........................................................................................
AM37 ..........................................................................................
AM38 ..........................................................................................
AM39 ..........................................................................................
AN36 ...........................................................................................
AN37 ...........................................................................................
AN38 ...........................................................................................
AN39 ...........................................................................................
AP35 ...........................................................................................
AP36 ...........................................................................................
AP37 ...........................................................................................
AP38 ...........................................................................................
AP39 ...........................................................................................
AP40 ...........................................................................................
AP41 ...........................................................................................
AQ34 ..........................................................................................
AQ35 ..........................................................................................
AQ36 ..........................................................................................
AQ37 ..........................................................................................
AQ38 ..........................................................................................
AQ39 ..........................................................................................
AQ40 ..........................................................................................
AQ41 ..........................................................................................
AQ42 ..........................................................................................
AR33 ...........................................................................................
AR34 ...........................................................................................
AR35 ...........................................................................................
AR36 ...........................................................................................
AR37 ...........................................................................................
AR38 ...........................................................................................
AR39 ...........................................................................................
AR40 ...........................................................................................
AR41 ...........................................................................................
AR42 ...........................................................................................
AS32 ...........................................................................................
AS33 ...........................................................................................
AS34 ...........................................................................................
AS35 ...........................................................................................
AS36 ...........................................................................................
AS37 ...........................................................................................
AS38 ...........................................................................................
AS39 ...........................................................................................
AS40 ...........................................................................................
AS41 ...........................................................................................
AS42 ...........................................................................................
AT33 ...........................................................................................
AT34 ...........................................................................................
AT35 ...........................................................................................
AT36 ...........................................................................................
AT37 ...........................................................................................
AT38 ...........................................................................................
AT39 ...........................................................................................
AT40 ...........................................................................................
AT41 ...........................................................................................
AU36 ...........................................................................................
AU37 ...........................................................................................
AU38 ...........................................................................................
AU39 ...........................................................................................
AU40 ...........................................................................................
AV37 ...........................................................................................
AV38 ...........................................................................................
AV39 ...........................................................................................
AW38 ..........................................................................................
(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
VerDate Sep<11>2014
16:27 Jun 29, 2023
Jkt 259001
WTG
ESP
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
Latitude
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
41.1370161
41.1200616
41.1203387
41.1206168
41.1030927
41.1033791
41.1036612
41.1039392
41.0861251
41.0864155
41.0867017
41.0869837
41.0872615
41.0875351
41.0878044
41.0691535
41.0694480
41.0697382
41.0700243
41.0703061
41.0705837
41.0708571
41.0711263
41.0713913
41.0521781
41.0524766
41.0527709
41.0530609
41.0533468
41.0536285
41.0539059
41.0541792
41.0544482
41.0547130
41.0351987
41.0355012
41.0357995
41.0360937
41.0363836
41.0366693
41.0369508
41.0372281
41.0375012
41.0377701
41.0380347
41.0188243
41.0191225
41.0194164
41.0197062
41.0199917
41.0202731
41.0205502
41.0208231
41.0210918
41.0030287
41.0033141
41.0035953
41.0038722
41.0041450
40.9866364
40.9869174
40.9871942
40.9702395
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.
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
Longitude
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
¥70.4638911
¥70.4851682
¥70.4635204
¥70.4414663
¥70.5072461
¥70.4851982
¥70.4631500
¥70.4411014
¥70.5289069
¥70.5068649
¥70.4848226
¥70.4627799
¥70.4407369
¥70.4186937
¥70.3966501
¥70.5505566
¥70.5285205
¥70.5064840
¥70.4844472
¥70.4624101
¥70.4403727
¥70.4183350
¥70.3962970
¥70.3742587
¥70.5721951
¥70.5501649
¥70.5281343
¥70.5061034
¥70.4840722
¥70.4620407
¥70.4400088
¥70.4179767
¥70.3959442
¥70.3739115
¥70.5938225
¥70.5717982
¥70.5497735
¥70.5277485
¥70.5057231
¥70.4836975
¥70.4616715
¥70.4396452
¥70.4176186
¥70.3955918
¥70.3735646
¥70.5714016
¥70.5493824
¥70.5273630
¥70.5053432
¥70.4833231
¥70.4613027
¥70.4392819
¥70.4172609
¥70.3952396
¥70.5049636
¥70.4829490
¥70.4609341
¥70.4389190
¥70.4169035
¥70.4825752
¥70.4605659
¥70.4385563
¥70.4601980
(c) Regulations. No vessel may enter
or remain in the safety zones described
in paragraph (a) of this section except
for the following:
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Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Rules and Regulations
(1) An attending vessel as defined in
§ 147.20; and
(2) A vessel authorized by the First
Coast Guard District Commander or a
designated representative.
(d) Request for permission. Persons or
vessels seeking to enter the safety zone
must request authorization from the
First Coast Guard District Commander
or a designated representative. If
permission is granted, all persons and
vessels must comply with lawful
instructions of the First Coast Guard
District Commander or designated
representative via VHF–FM channel 16
or by phone at 617–223–1560 (First
Coast Guard District Command Center).
(e) Effectiveness and enforcement
periods. This section is in effect from
June 27, 2023, through 11:59 p.m. on
May 31, 2024. But it will only be
enforced during active construction or
other instances which may cause a
hazard to navigation deemed necessary
by the First Coast Guard District
Commander. The First Coast Guard
District Commander will make
notification of the exact dates and times
in advance of each enforcement period
for the locations in paragraph (a) of this
section to the local maritime community
through the Local Notice to Mariners
and will issue a Broadcast Notice to
Mariners via marine channel 16 (VHF–
FM) as soon as practicable in response
to an emergency. If the project is
completed before May 31, 2024,
enforcement of the safety zones will be
suspended, and notice given via Local
Notice to Mariners. The First Coast
Guard District Local Notice to Mariners
can be found at https://
www.navcen.uscg.gov.
Dated: June 27, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2023–14073 Filed 6–29–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0518]
ddrumheller on DSK120RN23PROD with RULES1
RIN 1625–AA00
Safety Zone; Savannah River 4th of
July Fireworks Show, Savannah, GA
Coast Guard, DHS.
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone on
SUMMARY:
VerDate Sep<11>2014
16:27 Jun 29, 2023
Jkt 259001
the waters surrounding the Savannah
River in Savannah, Georgia, during the
July 4th Fireworks event. The safety
zone is necessary to ensure the safety of
participant vessels, spectators, and the
general public during the event. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
(COTP) Savannah or a designated
representative.
This rule is effective from 9 p.m.
until 11 p.m., on July 4, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0518 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
DATES:
If
you have questions on this rule, call or
email Lieutenant Alex McConnell,
Waterways Management Division,
Marine Safety Unit Savannah, U.S.
Coast Guard; telephone 912–652–4353,
extension 240, email
Alexander.W.McConnell@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable and contrary
to the public interest. The Coast Guard
did not receive final details of the event
until June 8, 2023, and the event is
scheduled to take place on July 4, 2023.
The event would begin before the
rulemaking process would be
completed. Because of the dangers
posed by the fireworks display, a safety
zone is necessary without delay to
PO 00000
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Fmt 4700
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42243
ensure the safety of persons, vessels,
and the marine environment. It is
impracticable and contrary to the public
interest to delay this rule because it is
necessary to protect personnel, vessels,
and the marine environment from
potential hazards created by the
fireworks display.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because immediate action is needed to
respond to the potential safety hazards
associated with a fireworks display
adjacent to a major shipping channel.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Savannah (COTP)
has determined that potential hazards
with the Savannah River July 4th
Fireworks event near downtown
Savannah, GA. This rule is necessary to
ensure the safety of the event
participants, the general public, vessels
and the navigable waters of Marathon,
Florida, during the Savannah River July
4th Fireworks event.
IV. Discussion of the Rule
This rule establishes a safety zone on
all navigable waters in the Savannah
River adjacent to downtown Savannah,
GA, during the Savannah River, July 4th
Fireworks event. The safety zone will be
enforced from 9 p.m. to 11 p.m. on July
4, 2023. The safety zone is needed to
protect personnel, vessels, and the
marine environment from potential
hazards created by fallout from the July
4th Fireworks display. No person or
vessel will be permitted to enter, transit
through, anchor in, or remain within the
safety zone without obtaining
permission from the COTP or a
designated representative. If
authorization to enter, transit through,
anchor in, or remain within the safety
zone is granted by the COTP or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the COTP or a designated
representative. The Coast Guard will
provide notice of the safety zone by
Broadcast Notice to Mariners, and/or by
on-scene designated representatives.
V. 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
E:\FR\FM\30JNR1.SGM
30JNR1
]]>Agencies
[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Rules and Regulations]
[Pages 42237-42243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14073]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 147
[Docket Number USCG-2023-0277]
RIN 1625-AA00
Safety Zone; Vineyard Wind 1 Wind Farm Project Area, Outer
Continental Shelf, Lease OCS-A 0501, Offshore Massachusetts, Atlantic
Ocean
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 63 temporary 500-meter safety
zones around the construction of 62 wind turbine generators (WTGs) and
one electrical service platform (ESP) located in the Vineyard Wind 1
Wind Farm (VW1WF) project area within federal waters on the Outer
Continental Shelf (OCS), specifically in the northern portion of Bureau
of Ocean Energy Management (BOEM) Renewable Energy Lease Area OCS-A
0501, approximately 12 nautical miles (NM) offshore of Martha's
Vineyard, Massachusetts and 12 NM offshore Nantucket, Massachusetts.
This action is necessary to provide for the safety of life, property,
and the environment during the planned construction of each facility's
monopile type foundation and subsequent installation of the WTGs
turbines and ESP platform from June 27, 2023, to May 31, 2024. When
enforced, only attending vessels and those vessels specifically
authorized by the First Coast Guard District Commander, or a designated
representative, are permitted to enter or remain in the temporary
safety zones.
DATES: This rule is effective without actual notice from June 30, 2023,
through 11:59 p.m. on May 31, 2024. For the purposes of enforcement,
actual notice will be used from June 27, 2023, until June 30, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0277 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email Mr. Craig Lapiejko, Waterways Management, at
Coast Guard First District, telephone 617-603-8592, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
BOEM Bureau of Ocean Energy Management
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
DD Degrees Decimal
DHS Department of Homeland Security
EIS Environmental Impact Statement
FR Federal Register
MSIB Marine Safety Information Bulletin
NPRM Notice of proposed rulemaking
OCS Outer Continental Shelf
OSS Offshore Substation
LNM Local Notice to Mariners
NAD 83 North American Datum of 1983
NM Nautical Mile
Sec. Section
SMIB Safety Marine Information Broadcast
U.S.C. United States Code
WTG Wind Turbine Generator
VHF-FM Very High Frequency--Frequency Modulation
VW1WF Vineyard Wind 1 Wind Farm
II. Background, Purpose, and Legal Basis
On March 15, 2023, Vineyard Wind, LLC, an offshore wind farm
developer, notified the Coast Guard that they plan to begin
construction of facilities in the VW1WF project area within federal
waters on the OCS, specifically in the northern portion of BOEM
Renewable Energy Lease Area OCS-A 0501, approximately 12 NM offshore
Martha's Vineyard, Massachusetts and 12 NM offshore Nantucket,
Massachusetts in June 2023.
After determining that establishment of safety zones was necessary
to provide for the safety of life, property, and the environment during
the anticipated construction of the structures, on May 3, 2023, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled
``Safety Zone; Vineyard Wind 1 Wind Farm Project Area, Outer
Continental Shelf, Lease OCS-A 0501, Offshore Massachusetts, Atlantic
Ocean'' (88 FR 27839). There we explained the basis for the NPRM and
invited comments on our proposed regulatory action related to the
establishment of safety zones around the construction of 62 WTGs and
one ESP located in the VW1WF project area. Five comments were received
during the comment period that ended June 2, 2023.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The comment period for the NPRM
associated with the VW1WF project area ended on June 2, 2023, and
construction for the project has already begun. Thus, there is
insufficient time to allow for 30-days before the rule becomes
effective. Delaying the effective date of this rule would be
impracticable because immediate action is needed to respond to the
potential safety risks associated with the extremely complex and
unusually hazardous construction of these OCS facilities including
hydraulic pile driving hammer operations, heavy lift operations,
overhead cutting operations, potential falling debris, increased vessel
traffic, and stationary barges in close proximity to the facilities and
each other.
Based on these circumstances, the First Coast Guard District
Commander has determined that establishment of 63 safety zones through
rulemaking is warranted to ensure the safety of life, property, and the
environment within a 500-meter radius of each of the 63 facilities
during their construction.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority provided
in 14 U.S.C. 544, 43 U.S.C. 1333, and Department of Homeland Security
(DHS) Delegation No. 00170.1, Revision No. 01.3. As an implementing
regulation of this authority, 33 CFR part 147 permits the establishment
of safety zones for non-mineral energy resource permanent or temporary
structures located on the OCS for the purpose of protecting life and
property on the facilities, appurtenances and attending vessels, and on
the adjacent waters within the safety zone (see 33 CFR 147.10).
Accordingly, a safety zone established under 33 CFR part 147 may also
include provisions to restrict, prevent, or control certain activities,
including access by vessels or persons to maintain safety of life,
property, and the environment.
IV. Discussion of Comments, Changes, and the Rule
As noted above, the Coast Guard received five public comments on
the NPRM published May 3, 2023. All five commenters expressed general
opposition to wind farm construction.
[[Page 42238]]
Three commenters expressed specific opposition to the proposed rule and
the enforcement of safety zones around construction. Two commenters
questioned Coast Guard's authority to establish safety zones on the
Outer Continental Shelf and stated concerns that impact of safety zones
was not analyzed by BOEM during the VW1WF Final Environmental Impact
Statement (EIS) process. We provide a detailed discussion of those
comments below.
First, the Coast Guard is issuing this rule under the authority
provided in 14 U.S.C. 544, 43 U.S.C. 1333, and Department of Homeland
Security (DHS) Delegation No. 00170.1, Revision No. 01.3. On January 1,
2021, Congress enacted the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (NDAA), Public Law 116-283, 134
Stat. 3388. Section 9503 of the NDAA amended Section 4(a)(1) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(1)) to
specifically include non-mineral energy resources. On January 11, 2023,
the Coast Guard published a final rule titled ``Safety Zones; Technical
and Conforming Amendments'' (88 FR 1511), which made non-substantive
technical and conforming amendments to the Code of Federal Regulations
(CFR) at part 147. That rule enabled the Coast Guard to place safety
zones for non-mineral energy resource facilities on the Outer
Continental Shelf in part 147 where other OCS safety zone regulations
are located.
As an implementing regulation of this authority, 33 CFR part 147
permits the establishment of safety zones for non-mineral energy
resource permanent or temporary structures located on the OCS for the
purpose of protecting life and property on the facilities,
appurtenances and attending vessels, and on the adjacent waters within
the safety zone (see 33 CFR 147.10). Accordingly, a safety zone
established under 33 CFR part 147 may also include provisions to
restrict, prevent, or control certain activities, including access by
vessels or persons to maintain safety of life, property, and the
environment.
Second, while the safety zones were not analyzed by BOEM during the
EIS process, the Coast Guard has analyzed this rule under Department of
Homeland Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard's compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f). The Coast
Guard has determined that the action is one of a category of actions
that do not individually or cumulatively have a significant effect on
the human environment. This rule establishes a safety zone around an
OCS facility to protect life, property, and the marine environment and
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the subject docket. For instructions on locating the
docket, see the ADDRESSES section of the preamble.
One commenter disagreed with the finding of no significant economic
impact on small entities. While this rule may affect some owners or
operators of small entities, the Coast Guard believes these safety
zones will have a minimal economic impact because the safety zones are
temporarily enforced, allow for deviation requests, and do not
significantly impact transits. Vessels will only be prohibited from the
regulated zone during periods of actual construction activity. The
Coast Guard anticipates the enforcement period at each location to last
approximately 48 hours. Vessel traffic will be able to pass safely
around each safety zone using an alternate route. Use of an alternate
route will likely cause minimal delay for vessels in reaching their
destination depending on other traffic in the area and vessel speeds.
Vessels will be permitted to request deviations from this rule to
transit through a safety zone. Such requests would be considered on a
case by case basis and may be authorized by the First Coast Guard
District Commander.
That same commenter expressed concerns about the effective date of
the safety zones not aligning with the dates and timing of actual
construction and that there is nothing preventing the Coast Guard from
enacting future exclusion zones.
Although the Coast Guard has been aware of the VW1WF project area
for several years, the Coast Guard was only recently granted the
authority to establish safety zones for non-mineral energy resource
facilities on the Outer Continental Shelf. The Coast Guard was notified
of the estimated construction details on March 15, 2023, and was
notified of the exact construction commencement date after the NPRM was
published. The Coast Guard views public participation as essential to
effective rulemaking and determined that it was in the public interest
to open the comment period. The 63 safety zones established by this
rule are intended to be temporary and are enforceable only through May
31, 2024. If the project is completed before May 31, 2024, enforcement
of the safety zones will be suspended, and notice will be provided via
Local Notice to Mariners. The implementation of additional safety zones
would require additional notice and comment rulemaking.
One commenter offered two recommendations for the Coast Guard to
consider when establishing temporary safety zones.
First, the commenter recommended additional means of making notice
of each enforcement period. Recommendations included: directly
notifying local commercial fishing organizations, creating a dedicated
web page, and requiring vessel on-scene during all construction
activities whose sole role is to patrol the area and ensure vessels are
aware of the safety zone. As stated in the proposed rule, the Coast
Guard will make notice of each enforcement period via the First Coast
Guard District Local Notice to Mariners (LNM). The LNM has historically
been the primary means for disseminating information concerning aids to
navigation, hazards to navigation, and other marine information of
interest to mariners on the waters of the United States. The First
Coast Guard District LNM is available online and can be found at its
dedicated website at https://www.navcen.uscg.gov. Notices are published
weekly. Interested parties may subscribe to receive email updates at
https://service.govdelivery.com/accounts/USDHSCG/subscriber/new?topic_id=USDHSCG_65. The Coast Guard believes the use of the LNM to
be the most efficient means to distribute information concerning
enforcement periods for these safety zones.
The proposed rule stated that the Coast Guard would issue a
Broadcast Notice to Mariners (BNM) via marine channel 16 (VHF-FM) as
soon as practicable in response to an emergency or hazardous condition.
The Coast Guard now offers an online subscription service in addition
to the standard VHF BNM broadcasts which, traditionally, was the only
method to receive this vital navigational information. Mariners may now
use a subscription service to plan for underway periods and can receive
updates to navigational hazards in near-real-time without waiting on
scheduled VHF broadcasts. Sign up to receive BNMs via email for your
waterway at https://www.navcen.uscg.gov/subscribe-email-rss-feeds.
The Coast Guard will also issue Safety Marine Information
Broadcasts (SMIB) via marine channel 16 (VHF-FM) for each Safety Zone
starting an hour before
[[Page 42239]]
and broadcasting four times per day for the duration of the safety zone
and Marine Safety Information Bulletins (MSIB) are distributed via
email. MSIBs will also be posted on Coast Guard Sector Southeastern New
England's Homeport at https://homeport.uscg.mil/port-directory/southeastern-new-england-(providence).
Additionally, Vineyard Wind will provide dedicated safety and scout
vessels on scene to provide advisory information.
Second, the commenter recommended the definition of a designated
representative be expanded if requests to deviate from the rule to
transit through a safety zone becomes time consuming. Specifically, the
recommendation was to expand the definition of ``designated
representative'' to account for need to process rule deviations in a
timely manner. The Coast Guard does not anticipate delays from our
designated representatives. Upon further examination, the Coast Guard
believes that the current definition of ``designated representative''
should be maintained. Based on the particular details of this offshore
construction project, including the short duration of the enforcement
period (approximately 48 hours during active construction), the more
distant offshore location which sees less vessel traffic, and the types
of large vessels that are most likely to navigate in the vicinity of
the safety zones (commercial shipping, fishing, and tugs with tows),
the Coast Guard finds no compelling necessity to broaden representative
designation or the authority to permit passage through and around the
safety zones. Maintaining designation to Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the First Coast Guard District Commander in
the enforcement of the safety zones will ensure consistent application.
The First Coast Guard District has factored applicable statutes and
regulations into the subject rule. Applicable authorities are cited in
section III. of this document.
After considering the comments discussed above, the Coast Guard
determined that no additional changes should be made to the regulatory
text. The rule ensures consistency, sufficient notice, and improved
safety while minimizing impact on vessel transit.
There is one change to the regulatory text of this rule from the
proposed rule in the NPRM to account for the delay in the effective
date.
This rule establishes 63 temporary 500-meter safety zones around
the construction of 62 WTGs and one ESP on the OCS from June 27, 2023,
through 11:59 p.m. on May 31, 2024.
The construction of these facilities is expected to take place in
mixed phases alternating between the installation of several monopile
type foundations followed by the installation of the upper structures
then repeating this process throughout the project area until all 63
facilities have been completed. The 63 temporary safety zones would be
enforced individually as construction progresses from one structure
location to the next throughout the entire process for a period lasting
approximately 48 hours. The Coast Guard will make notice of each
enforcement period via the Local Notice to Mariners and issue a
Broadcast Notice to Mariners via marine channel 16 (VHF-FM) as soon as
practicable in response to an emergency or hazardous condition. The
Coast Guard is publishing this rulemaking to be effective, and
enforceable, through May 31, 2024, to encompass any construction delays
due to weather or other unforeseen circumstances. If the project is
completed before May 31, 2024, enforcement of the safety zones would be
suspended, and notice given via Local Notice to Mariners.
Additional information about the construction process of the VW1WF
can be found at https://www.boem.gov/vineyard-wind.
The 63 temporary 500-meter safety zones around the construction of
62 WTGs and one ESP are in the VW1WF project area, specifically in the
northern portion of BOEM Renewable Energy Lease Area OCS-A 0501,
approximately 12 NM offshore of Martha's Vineyard, Massachusetts and 12
NM offshore Nantucket, Massachusetts, within federal waters on the OCS.
The positions of each individual safety zone will be referred to
using a unique alpha-numeric naming convention outlined in the ``Rhode
Island and Massachusetts Structure Labeling Plot (West).'' \1\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Aligning with authorities under 33 CFR 147.15, the safety zones
will include the area within 500-meters of the center point of the
positions provided in the table below expressed in Decimal Degrees (DD)
based on North American Datum 1983 (NAD 83).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name Facility type Latitude Longitude
--------------------------------------------------------------------------------------------------------------------------------------------------------
AL38................................. WTG N 41.1370161 W -70.4638911
AM37................................. ESP N 41.1200616 W -70.4851682
AM38................................. WTG N 41.1203387 W -70.4635204
AM39................................. WTG N 41.1206168 W -70.4414663
AN36................................. WTG N 41.1030927 W -70.5072461
AN37................................. WTG N 41.1033791 W -70.4851982
AN38................................. WTG N 41.1036612 W -70.4631500
AN39................................. WTG N 41.1039392 W -70.4411014
AP35................................. WTG N 41.0861251 W -70.5289069
AP36................................. WTG N 41.0864155 W -70.5068649
AP37................................. WTG N 41.0867017 W -70.4848226
AP38................................. WTG N 41.0869837 W -70.4627799
AP39................................. WTG N 41.0872615 W -70.4407369
AP40................................. WTG N 41.0875351 W -70.4186937
AP41................................. WTG N 41.0878044 W -70.3966501
AQ34................................. WTG N 41.0691535 W -70.5505566
AQ35................................. WTG N 41.0694480 W -70.5285205
AQ36................................. WTG N 41.0697382 W -70.5064840
AQ37................................. WTG N 41.0700243 W -70.4844472
AQ38................................. WTG N 41.0703061 W -70.4624101
AQ39................................. WTG N 41.0705837 W -70.4403727
[[Page 42240]]
AQ40................................. WTG N 41.0708571 W -70.4183350
AQ41................................. WTG N 41.0711263 W -70.3962970
AQ42................................. WTG N 41.0713913 W -70.3742587
AR33................................. WTG N 41.0521781 W -70.5721951
AR34................................. WTG N 41.0524766 W -70.5501649
AR35................................. WTG N 41.0527709 W -70.5281343
AR36................................. WTG N 41.0530609 W -70.5061034
AR37................................. WTG N 41.0533468 W -70.4840722
AR38................................. WTG N 41.0536285 W -70.4620407
AR39................................. WTG N 41.0539059 W -70.4400088
AR40................................. WTG N 41.0541792 W -70.4179767
AR41................................. WTG N 41.0544482 W -70.3959442
AR42................................. WTG N 41.0547130 W -70.3739115
AS32................................. WTG N 41.0351987 W -70.5938225
AS33................................. WTG N 41.0355012 W -70.5717982
AS34................................. WTG N 41.0357995 W -70.5497735
AS35................................. WTG N 41.0360937 W -70.5277485
AS36................................. WTG N 41.0363836 W -70.5057231
AS37................................. WTG N 41.0366693 W -70.4836975
AS38................................. WTG N 41.0369508 W -70.4616715
AS39................................. WTG N 41.0372281 W -70.4396452
AS40................................. WTG N 41.0375012 W -70.4176186
AS41................................. WTG N 41.0377701 W -70.3955918
AS42................................. WTG N 41.0380347 W -70.3735646
AT33................................. WTG N 41.0188243 W -70.5714016
AT34................................. WTG N 41.0191225 W -70.5493824
AT35................................. WTG N 41.0194164 W -70.5273630
AT36................................. WTG N 41.0197062 W -70.5053432
AT37................................. WTG N 41.0199917 W -70.4833231
AT38................................. WTG N 41.0202731 W -70.4613027
AT39................................. WTG N 41.0205502 W -70.4392819
AT40................................. WTG N 41.0208231 W -70.4172609
AT41................................. WTG N 41.0210918 W -70.3952396
AU36................................. WTG N 41.0030287 W -70.5049636
AU37................................. WTG N 41.0033141 W -70.4829490
AU38................................. WTG N 41.0035953 W -70.4609341
AU39................................. WTG N 41.0038722 W -70.4389190
AU40................................. WTG N 41.0041450 W -70.4169035
AV37................................. WTG N 40.9866364 W -70.4825752
AV38................................. WTG N 40.9869174 W -70.4605659
AV39................................. WTG N 40.9871942 W -70.4385563
AW38................................. WTG N 40.9702395 W -70.4601980
--------------------------------------------------------------------------------------------------------------------------------------------------------
When enforced, no unauthorized vessel or person would be permitted
to enter the safety zone without obtaining permission from the First
Coast Guard District Commander or a designated representative. Requests
for entry into the safety zone would be considered and reviewed on a
case-by-case basis. Persons or vessels seeking to enter the safety zone
must request authorization from the First Coast Guard District
Commander or designated representative via VHF-FM channel 16 or by
phone at 617-603-1560 (First Coast Guard District Command Center). If
permission is granted, all persons and vessels shall comply with the
instructions of the First Coast Guard District Commander or designated
representative.
The regulatory text appears at the end of this document.
IV. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. A summary of our analyses based
on these statutes and Executive orders follows.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866 as amended by
Executive Order 14094 (Modernizing Regulatory Review). Accordingly, the
rule has not been reviewed by the Office of Management and Budget
(OMB).
Aligning with 33 CFR 147.15, the established safety zones will
extend to a maximum distance of 500-meters around the OCS facility
measured from its center point. Vessel traffic will be able to safely
transit around the safety zones, which would impact a small, designated
area in the Atlantic Ocean, without significant impediment to their
voyage. This safety zone will provide for the safety of life, property,
and the environment during the construction of each structure, in
accordance with Coast Guard maritime safety missions.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule would not have a significant
[[Page 42241]]
economic impact on a substantial number of small entities.
This rule may affect owners or operators of vessels intending to
transit or anchor in the VW1WF, some of which might be small entities.
However, these safety zones will not have a significant economic impact
on a substantial number of these entities because they are temporarily
enforced, allow for deviation requests, and do not impact vessel
transit significantly. Regarding the enforcement period, although these
safety zones will be in effect from June 27, 2023, through May 31,
2024, vessels will only be prohibited from the regulated zone during
periods of actual construction activity in correspondence to the period
of enforcement. We expect the enforcement period at each location to
last approximately 48 hours as construction progresses from one
structure location to the next throughout the mixed phases.
Additionally, vessel traffic could pass safely around each safety zone
using an alternate route. Use of an alternate route likely will cause
minimal delay for the vessel in reaching their destination depending on
other traffic in the area and vessel speed. Vessels will also be able
to request deviation from this rule to transit through a safety zone.
Such requests would be considered on a case by-case basis and may be
authorized by the First Coast Guard District Commander or a designated
representative. For these reasons, the Coast Guard expects any impact
of this rulemaking establishing a temporary safety zone around these
OCS facilities to be minimal and have no significant economic impact on
small entities.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist all small
entities in understanding this temporary final rule. If the rule would
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please call or email the person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This temporary final rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this temporary final rule
will not result in such an expenditure, we do discuss the potential
effects of this temporary final rule elsewhere in this preamble.
F. Environment
We have analyzed this final rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of safety zones
around an OCS facility to protect life, property, and the marine
environment. It is categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 147
Continental shelf, Marine safety, Navigation (waters).
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 147 as follows:
PART 147--SAFETY ZONES
0
1. The authority citation for part 147 continues to read as follows:
Authority: 14 U.S.C. 544; 43 U.S.C. 1333; 33 CFR 1.05-1;
Department of Homeland Security Delegation No. 00170.1, Revision No.
01.3.
0
2. Add Sec. 147.T01-0277 to read as follows:
Sec. 147.T01-0277 Safety Zones; Vineyard Wind 1 Wind Farm Project
Area, Outer Continental Shelf, Lease OCS-A 0501, Offshore
Massachusetts, Atlantic Ocean.
(a) Description. The area within 500-meters of the center point of
the positions provided in the following table is a safety zone:
[[Page 42242]]
Table 1 to Paragraph (a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name Facility type Latitude Longitude
--------------------------------------------------------------------------------------------------------------------------------------------------------
AL38............................... WTG N 41.1370161 W -70.4638911
AM37............................... ESP N 41.1200616 W -70.4851682
AM38............................... WTG N 41.1203387 W -70.4635204
AM39............................... WTG N 41.1206168 W -70.4414663
AN36............................... WTG N 41.1030927 W -70.5072461
AN37............................... WTG N 41.1033791 W -70.4851982
AN38............................... WTG N 41.1036612 W -70.4631500
AN39............................... WTG N 41.1039392 W -70.4411014
AP35............................... WTG N 41.0861251 W -70.5289069
AP36............................... WTG N 41.0864155 W -70.5068649
AP37............................... WTG N 41.0867017 W -70.4848226
AP38............................... WTG N 41.0869837 W -70.4627799
AP39............................... WTG N 41.0872615 W -70.4407369
AP40............................... WTG N 41.0875351 W -70.4186937
AP41............................... WTG N 41.0878044 W -70.3966501
AQ34............................... WTG N 41.0691535 W -70.5505566
AQ35............................... WTG N 41.0694480 W -70.5285205
AQ36............................... WTG N 41.0697382 W -70.5064840
AQ37............................... WTG N 41.0700243 W -70.4844472
AQ38............................... WTG N 41.0703061 W -70.4624101
AQ39............................... WTG N 41.0705837 W -70.4403727
AQ40............................... WTG N 41.0708571 W -70.4183350
AQ41............................... WTG N 41.0711263 W -70.3962970
AQ42............................... WTG N 41.0713913 W -70.3742587
AR33............................... WTG N 41.0521781 W -70.5721951
AR34............................... WTG N 41.0524766 W -70.5501649
AR35............................... WTG N 41.0527709 W -70.5281343
AR36............................... WTG N 41.0530609 W -70.5061034
AR37............................... WTG N 41.0533468 W -70.4840722
AR38............................... WTG N 41.0536285 W -70.4620407
AR39............................... WTG N 41.0539059 W -70.4400088
AR40............................... WTG N 41.0541792 W -70.4179767
AR41............................... WTG N 41.0544482 W -70.3959442
AR42............................... WTG N 41.0547130 W -70.3739115
AS32............................... WTG N 41.0351987 W -70.5938225
AS33............................... WTG N 41.0355012 W -70.5717982
AS34............................... WTG N 41.0357995 W -70.5497735
AS35............................... WTG N 41.0360937 W -70.5277485
AS36............................... WTG N 41.0363836 W -70.5057231
AS37............................... WTG N 41.0366693 W -70.4836975
AS38............................... WTG N 41.0369508 W -70.4616715
AS39............................... WTG N 41.0372281 W -70.4396452
AS40............................... WTG N 41.0375012 W -70.4176186
AS41............................... WTG N 41.0377701 W -70.3955918
AS42............................... WTG N 41.0380347 W -70.3735646
AT33............................... WTG N 41.0188243 W -70.5714016
AT34............................... WTG N 41.0191225 W -70.5493824
AT35............................... WTG N 41.0194164 W -70.5273630
AT36............................... WTG N 41.0197062 W -70.5053432
AT37............................... WTG N 41.0199917 W -70.4833231
AT38............................... WTG N 41.0202731 W -70.4613027
AT39............................... WTG N 41.0205502 W -70.4392819
AT40............................... WTG N 41.0208231 W -70.4172609
AT41............................... WTG N 41.0210918 W -70.3952396
AU36............................... WTG N 41.0030287 W -70.5049636
AU37............................... WTG N 41.0033141 W -70.4829490
AU38............................... WTG N 41.0035953 W -70.4609341
AU39............................... WTG N 41.0038722 W -70.4389190
AU40............................... WTG N 41.0041450 W -70.4169035
AV37............................... WTG N 40.9866364 W -70.4825752
AV38............................... WTG N 40.9869174 W -70.4605659
AV39............................... WTG N 40.9871942 W -70.4385563
AW38............................... WTG N 40.9702395 W -70.4601980
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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 the safety zones
described in paragraph (a) of this section except for the following:
[[Page 42243]]
(1) An attending vessel as defined in Sec. 147.20; and
(2) A vessel authorized by the First Coast Guard District Commander
or a designated representative.
(d) Request for permission. Persons or vessels seeking to enter the
safety zone must request authorization from the First Coast Guard
District Commander or a designated representative. If permission is
granted, all persons and vessels must comply with lawful instructions
of the First Coast Guard District Commander or designated
representative via VHF-FM channel 16 or by phone at 617-223-1560 (First
Coast Guard District Command Center).
(e) Effectiveness and enforcement periods. This section is in
effect from June 27, 2023, through 11:59 p.m. on May 31, 2024. But it
will only be enforced during active construction or other instances
which may cause a hazard to navigation deemed necessary by the First
Coast Guard District Commander. The First Coast Guard District
Commander will make notification of the exact dates and times in
advance of each enforcement period for the locations in paragraph (a)
of this section to the local maritime community through the Local
Notice to Mariners and will issue a Broadcast Notice to Mariners via
marine channel 16 (VHF-FM) as soon as practicable in response to an
emergency. If the project is completed before May 31, 2024, enforcement
of the safety zones will be suspended, and notice given via Local
Notice to Mariners. The First Coast Guard District Local Notice to
Mariners can be found at https://www.navcen.uscg.gov.
Dated: June 27, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2023-14073 Filed 6-29-23; 8:45 am]
BILLING CODE 9110-04-P
