Safety Zone; Vineyard Wind 1 Wind Farm Project Area, Outer Continental Shelf, Lease OCS-A 0501, Offshore Massachusetts, Atlantic Ocean, 35709-35712 [2024-09538]
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Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Rules and Regulations
DHS Department of Homeland Security
ESP Electrical Service Platform
FR Federal Register
NPRM Notice of Proposed Rulemaking
OCS Outer Continental Shelf
NM Nautical Mile
§ Section
U.S.C. United States Code
WTG Wind Turbine Generator
VHF–FM Very High Frequency—Frequency
Modulation
VW1WF Vineyard Wind 1 Wind Farm
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
Coast Guard, DHS.
Temporary interim rule and
request for comments.
AGENCY:
ACTION:
The Coast Guard is extending
the effective period for the 63 temporary
500-meter safety zones around the
construction of each facility during the
development of the Vineyard Wind 1
Wind Farm project area within federal
waters on the Outer Continental Shelf,
approximately 12 nautical miles
offshore of Martha’s Vineyard,
Massachusetts. This rule extends the
effective period of the existing safety
zones for an additional two years. The
safety zones will now end on May 31,
2026. When enforced, only attending
vessels and vessels with authorization
are permitted to enter or remain in the
safety zones.
DATES: This temporary interim rule is
effective from June 1, 2024, through
May 31, 2026. Comments and related
material must be received by the Coast
Guard on or before July 31, 2024.
ADDRESSES: You may submit comments
identified by docket number USCG–
2023–0277 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments. 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:
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SUMMARY:
I. Table of Abbreviations
CFR
Code of Federal Regulations
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II. Background, Purpose, and Legal
Basis
On June 30, 2023, the Coast Guard
published a temporary final rule (TFR)
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 Renewable Energy Lease
Area OCS–A 0501, approximately 12
nautical miles (NM) offshore of Martha’s
Vineyard, Massachusetts and 12 NM
offshore Nantucket, Massachusetts. (88
FR 42237).
The Coast Guard originally published
a temporary rule to be effective, and
enforceable, through May 31, 2024. We
are now extending it to May 31, 2026,
to provide more time for the completion
of the installation of the WTG
structures. This rule extends the
effective period of the safety zones for
two years until May 31, 2026.
The First Coast Guard District
Commander has determined that
extension of the 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.
The Coast Guard is issuing this
temporary 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 extending the effective
period for the safety zone because doing
so would be impracticable and contrary
to the public interest. The Coast Guard
did not receive sufficient notice that the
windfarm construction would not be
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35709
completed until May 31, 2026, to allow
time to publish an NPRM, reviewing
public comment, and publishing a
subsequent rule. Providing this prior
public notice and opportunity to
comment is contrary to the public’s
interest and impracticable because
doing so could result in a lapse in the
safety zone’s enforceability, and safety
concerns with vessels and persons
transiting too close to the construction
efforts. Immediate action is needed to
protect persons and property from the
potential dangers associated with the
construction.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this temporary interim rule
effective less than 30 days after
publication in the Federal Register. The
current temporary final rule around the
windfarm construction ends on May 31,
2024, but the construction will be
ongoing after that date. Delaying the
effective date of this temporary interim
rule would be contrary to the public’s
interest and impracticable because
action is needed starting June 1, 2024,
to protect persons and vessels from the
potential safety hazards associated with
the ongoing windfarm construction.
We are soliciting comments on the
extension of the enforcement period of
this safety zone. If the Coast Guard
determines that changes to the
temporary interim rule are necessary,
we will publish a temporary final rule
or other appropriate document.
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
This rule extends the effective period
of the 63 temporary 500-meter safety
zones around the construction of 62
WTGs and one ESP on the OCS for two
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additional years until May 31, 2026.
When enforced, this rule will continue
to prohibit unauthorized vessel or
person to enter the safety zone without
obtaining permission from the First
Coast Guard District Commander or a
designated representative. All other
requirements in the temporary safety
zone issued on June 30, 2023 (88 FR
42237) remain the same.
If the project is completed before May
31, 2026, enforcement of the safety
zones will be suspended, and notice
given via Local Notice to Mariners.
V. 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.
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A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This NPRM has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866 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
safety zones established will extend to
a maximum distance of 500-meters
around the OCS facility measured from
its center point. Vessel traffic will be
able to safely transit around the safety
zones, which will impact a small,
designated area in the Atlantic Ocean,
without significant impediment to their
overall voyage. These safety zones are
necessary to provide for the safety of
life, property, and the environment
during the construction of each
structure, in accordance with Coast
Guard maritime safety missions and the
First Coast Guard District Commander’s
finding.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received zero
comments from the Small Business
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16:20 May 01, 2024
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Administration on this rulemaking. The
Coast Guard certifies under 5 U.S.C.
605(b) that this rule would not have a
significant economic impact on a
substantial number of small entities.
This rule may affect owners or
operators of vessels intending to transit
or anchor in the 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
continue to be in effect through May 31,
2026, vessels would only be prohibited
from the regulated zone during periods
of actual construction activity in
correspondence to the period of
enforcement. We expect the
enforcement period at each location to
last approximately 48 hours as
construction progresses from one
structure location to the next.
Additionally, vessel traffic could pass
safely around each safety zone using an
alternate route. Use of an alternate route
likely will cause minimal delay for the
vessel in reaching their destination
depending on other traffic in the area
and vessel speed. Vessels will also be
able to request deviation from this rule
to transit through a safety zone. Such
requests will be considered on a case
by-case basis and may be authorized by
the First Coast Guard District
Commander or a designated
representative. For these reasons, the
Coast Guard expects any impact of this
rulemaking establishing a temporary
safety zone around these OCS facilities
to be minimal and have no significant
economic impact on small entities.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist 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
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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
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02MYR1
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Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Rules and Regulations
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.
VI. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking and
will consider all comments and material
received during the comment period. If
we determine that changes to the
temporary interim rule are necessary,
the Coast Guard will publish a
temporary final rule or other
appropriate document. If you submit a
comment, please include the docket
number for this rulemaking, indicate the
specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision-Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2023–0277 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this temporary
interim rule as being available in the
docket, find the docket as described in
the previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. Also, if you click
on the Dockets tab and then the
temporary interim rule, you should see
a ‘‘Subscribe’’ option for email alerts.
The option will notify you when
comments are posted, or a subsequent
document is published.
We review all comments received, but
we will only post comments that
address the topic of the proposed rule.
We may choose not to post off-topic,
inappropriate, or duplicate comments
that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 147
Continental shelf, Marine safety,
Navigation (waters).
For the reasons discussed in the
preamble, the Coast Guard 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. Revise and republish § 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 1 to paragraph (a) is a safety zone:
TABLE 1 TO PARAGRAPH (a)
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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 ...............................................................
AQ40 ...............................................................
AQ41 ...............................................................
AQ42 ...............................................................
AR33 ...............................................................
AR34 ...............................................................
AR35 ...............................................................
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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
WTG
WTG
WTG
WTG
WTG
WTG
PO 00000
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
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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
E:\FR\FM\02MYR1.SGM
02MYR1
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
¥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
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TABLE 1 TO PARAGRAPH (a)—Continued
Name
Facility type
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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
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:
(1) An attending vessel as defined in
33 CFR 147.20;
(2) A vessel authorized by the First
Coast Guard District Commander or a
designated representative.
(d) Request for permission. Persons or
vessels seeking to enter the safety zone
must request authorization from the
First Coast Guard District Commander
or a designated representative. If
permission is granted, all persons and
vessels must comply with lawful
instructions of the First Coast Guard
District Commander or designated
representative via VHF–FM channel 16
VerDate Sep<11>2014
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Jkt 262001
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
or by phone at 617–223–1560 (First
Coast Guard District Command Center).
(e) Effective and enforcement periods.
This section is effective from June 27,
2023, through 11:59 p.m. on May 31,
2026. 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, 2026,
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.
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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
¥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
Dated: April 27, 2024.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard Commander,
First Coast Guard District.
[FR Doc. 2024–09538 Filed 5–1–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0318]
RIN 1625–AA00
Safety Zone; Oceanside Pier,
Oceanside, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 500-yard
radius of the Oceanside Pier. The safety
zone is needed to protect personnel,
vessels, and the marine environment
from potential hazards created by first
SUMMARY:
E:\FR\FM\02MYR1.SGM
02MYR1
]]>Agencies
[Federal Register Volume 89, Number 86 (Thursday, May 2, 2024)]
[Rules and Regulations]
[Pages 35709-35712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09538]
[[Page 35709]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 147
[Docket Number USCG-2023-0277]
RIN 1625-AA00
Safety Zone; Vineyard Wind 1 Wind Farm Project Area, Outer
Continental Shelf, Lease OCS-A 0501, Offshore Massachusetts, Atlantic
Ocean
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is extending the effective period for the 63
temporary 500-meter safety zones around the construction of each
facility during the development of the Vineyard Wind 1 Wind Farm
project area within federal waters on the Outer Continental Shelf,
approximately 12 nautical miles offshore of Martha's Vineyard,
Massachusetts. This rule extends the effective period of the existing
safety zones for an additional two years. The safety zones will now end
on May 31, 2026. When enforced, only attending vessels and vessels with
authorization are permitted to enter or remain in the safety zones.
DATES: This temporary interim rule is effective from June 1, 2024,
through May 31, 2026. Comments and related material must be received by
the Coast Guard on or before July 31, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0277 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. 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
CFR Code of Federal Regulations
DHS Department of Homeland Security
ESP Electrical Service Platform
FR Federal Register
NPRM Notice of Proposed Rulemaking
OCS Outer Continental Shelf
NM Nautical Mile
Sec. Section
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 June 30, 2023, the Coast Guard published a temporary final rule
(TFR) 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 Renewable Energy Lease Area OCS-A 0501, approximately 12
nautical miles (NM) offshore of Martha's Vineyard, Massachusetts and 12
NM offshore Nantucket, Massachusetts. (88 FR 42237).
The Coast Guard originally published a temporary rule to be
effective, and enforceable, through May 31, 2024. We are now extending
it to May 31, 2026, to provide more time for the completion of the
installation of the WTG structures. This rule extends the effective
period of the safety zones for two years until May 31, 2026.
The First Coast Guard District Commander has determined that
extension of the 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.
The Coast Guard is issuing this temporary 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 extending the effective period for the safety zone
because doing so would be impracticable and contrary to the public
interest. The Coast Guard did not receive sufficient notice that the
windfarm construction would not be completed until May 31, 2026, to
allow time to publish an NPRM, reviewing public comment, and publishing
a subsequent rule. Providing this prior public notice and opportunity
to comment is contrary to the public's interest and impracticable
because doing so could result in a lapse in the safety zone's
enforceability, and safety concerns with vessels and persons transiting
too close to the construction efforts. Immediate action is needed to
protect persons and property from the potential dangers associated with
the construction.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary interim rule effective less than 30
days after publication in the Federal Register. The current temporary
final rule around the windfarm construction ends on May 31, 2024, but
the construction will be ongoing after that date. Delaying the
effective date of this temporary interim rule would be contrary to the
public's interest and impracticable because action is needed starting
June 1, 2024, to protect persons and vessels from the potential safety
hazards associated with the ongoing windfarm construction.
We are soliciting comments on the extension of the enforcement
period of this safety zone. If the Coast Guard determines that changes
to the temporary interim rule are necessary, we will publish a
temporary final rule or other appropriate document.
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
This rule extends the effective period of the 63 temporary 500-
meter safety zones around the construction of 62 WTGs and one ESP on
the OCS for two
[[Page 35710]]
additional years until May 31, 2026. When enforced, this rule will
continue to prohibit unauthorized vessel or person to enter the safety
zone without obtaining permission from the First Coast Guard District
Commander or a designated representative. All other requirements in the
temporary safety zone issued on June 30, 2023 (88 FR 42237) remain the
same.
If the project is completed before May 31, 2026, enforcement of the
safety zones will be suspended, and notice given via Local Notice to
Mariners.
V. 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 NPRM 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 safety zones established will
extend to a maximum distance of 500-meters around the OCS facility
measured from its center point. Vessel traffic will be able to safely
transit around the safety zones, which will impact a small, designated
area in the Atlantic Ocean, without significant impediment to their
overall voyage. These safety zones are necessary to provide for the
safety of life, property, and the environment during the construction
of each structure, in accordance with Coast Guard maritime safety
missions and the First Coast Guard District Commander's finding.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received zero comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule would not have a significant economic
impact on a substantial number of small entities.
This rule may affect owners or operators of vessels intending to
transit or anchor in the 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 continue to be in effect through May 31, 2026,
vessels would only be prohibited from the regulated zone during periods
of actual construction activity in correspondence to the period of
enforcement. We expect the enforcement period at each location to last
approximately 48 hours as construction progresses from one structure
location to the next. Additionally, vessel traffic could pass safely
around each safety zone using an alternate route. Use of an alternate
route likely will cause minimal delay for the vessel in reaching their
destination depending on other traffic in the area and vessel speed.
Vessels will also be able to request deviation from this rule to
transit through a safety zone. Such requests will be considered on a
case by-case basis and may be authorized by the First Coast Guard
District Commander or a designated representative. For these reasons,
the Coast Guard expects any impact of this rulemaking establishing a
temporary safety zone around these OCS facilities to be minimal and
have no significant economic impact on small entities.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist 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
[[Page 35711]]
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.
VI. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. If we determine that changes to the temporary interim rule are
necessary, the Coast Guard will publish a temporary final rule or other
appropriate document. If you submit a comment, please include the
docket number for this rulemaking, indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0277 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
temporary interim rule as being available in the docket, find the
docket as described in the previous paragraph, and then select
``Supporting & Related Material'' in the Document Type column. Public
comments will also be placed in our online docket and can be viewed by
following instructions on the https://www.regulations.gov Frequently
Asked Questions web page. Also, if you click on the Dockets tab and
then the temporary interim rule, you should see a ``Subscribe'' option
for email alerts. The option will notify you when comments are posted,
or a subsequent document is published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 147
Continental shelf, Marine safety, Navigation (waters).
For the reasons discussed in the preamble, the Coast Guard 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. Revise and republish 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 1 to paragraph (a) is a
safety zone:
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
[[Page 35712]]
AR36.......................... WTG N 41.0530609 W -70.5061034
AR37.......................... WTG N 41.0533468 W -70.4840722
AR38.......................... WTG N 41.0536285 W -70.4620407
AR39.......................... WTG N 41.0539059 W -70.4400088
AR40.......................... WTG N 41.0541792 W -70.4179767
AR41.......................... WTG N 41.0544482 W -70.3959442
AR42.......................... WTG N 41.0547130 W -70.3739115
AS32.......................... WTG N 41.0351987 W -70.5938225
AS33.......................... WTG N 41.0355012 W -70.5717982
AS34.......................... WTG N 41.0357995 W -70.5497735
AS35.......................... WTG N 41.0360937 W -70.5277485
AS36.......................... WTG N 41.0363836 W -70.5057231
AS37.......................... WTG N 41.0366693 W -70.4836975
AS38.......................... WTG N 41.0369508 W -70.4616715
AS39.......................... WTG N 41.0372281 W -70.4396452
AS40.......................... WTG N 41.0375012 W -70.4176186
AS41.......................... WTG N 41.0377701 W -70.3955918
AS42.......................... WTG N 41.0380347 W -70.3735646
AT33.......................... WTG N 41.0188243 W -70.5714016
AT34.......................... WTG N 41.0191225 W -70.5493824
AT35.......................... WTG N 41.0194164 W -70.5273630
AT36.......................... WTG N 41.0197062 W -70.5053432
AT37.......................... WTG N 41.0199917 W -70.4833231
AT38.......................... WTG N 41.0202731 W -70.4613027
AT39.......................... WTG N 41.0205502 W -70.4392819
AT40.......................... WTG N 41.0208231 W -70.4172609
AT41.......................... WTG N 41.0210918 W -70.3952396
AU36.......................... WTG N 41.0030287 W -70.5049636
AU37.......................... WTG N 41.0033141 W -70.4829490
AU38.......................... WTG N 41.0035953 W -70.4609341
AU39.......................... WTG N 41.0038722 W -70.4389190
AU40.......................... WTG N 41.0041450 W -70.4169035
AV37.......................... WTG N 40.9866364 W -70.4825752
AV38.......................... WTG N 40.9869174 W -70.4605659
AV39.......................... WTG N 40.9871942 W -70.4385563
AW38.......................... WTG N 40.9702395 W -70.4601980
----------------------------------------------------------------------------------------------------------------
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the First
Coast Guard District Commander in the enforcement of the safety zones.
(c) Regulations. No vessel may enter or remain in the safety zones
described in paragraph (a) of this section except for the following:
(1) An attending vessel as defined in 33 CFR 147.20;
(2) A vessel authorized by the First Coast Guard District Commander
or a designated representative.
(d) Request for permission. Persons or vessels seeking to enter the
safety zone must request authorization from the First Coast Guard
District Commander or a designated representative. If permission is
granted, all persons and vessels must comply with lawful instructions
of the First Coast Guard District Commander or designated
representative via VHF-FM channel 16 or by phone at 617-223-1560 (First
Coast Guard District Command Center).
(e) Effective and enforcement periods. This section is effective
from June 27, 2023, through 11:59 p.m. on May 31, 2026. 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, 2026, enforcement of the safety
zones will be suspended, and notice given via Local Notice to Mariners.
The First Coast Guard District Local Notice to Mariners can be found
at: https://www.navcen.uscg.gov.
Dated: April 27, 2024.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 2024-09538 Filed 5-1-24; 8:45 am]
BILLING CODE 9110-04-P
