Safety Zone; Revolution Wind Farm Project Area, Outer Continental Shelf, Lease OCS-A 0486, Offshore Rhode Island, Atlantic Ocean, 37130-37134 [2024-09754]
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Federal Register / Vol. 89, No. 88 / Monday, May 6, 2024 / Rules and Regulations
individuals may access, view, and seek
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and the confidentiality of classified
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(E) Subsection (e)(4)(I). To the extent
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concerning categories of sources of
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(iv) Exempt records from other
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exemption remains valid and necessary.
Dated: April 29, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2024–09607 Filed 5–3–24; 8:45 am]
BILLING CODE 6001–FR–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2024–0299]
Special Local Regulations; Montlake
Cut, Lake Washington, Seattle,
Washington
on Lake Washington in Seattle, WA.
During the enforcement period, the
operator of any vessel in the regulated
area must comply with directions from
the Patrol Commander or any Official
Patrol displaying a Coast Guard ensign.
DEPARTMENT OF HOMELAND
SECURITY
The regulations in 33 CFR
100.1311 will be enforced May 4, 2024,
from 8 a.m. to 12 p.m.
[Docket Number USCG–2024–0356]
DATES:
FOR FURTHER INFORMATION CONTACT:
you have questions about this
notification of enforcement, call or
Lieutenant Junior Grade Kaylee K. Lord,
Sector Puget Sound Waterways
Management Division, Coast Guard;
telephone 206–217–6045, email
SectorPugetSound@uscg.mil.
The Coast
Guard will enforce special local
regulations in 33 CFR 100.1311 for the
Windermere Cup on May 4, 2024, from
8 a.m. to 12 p.m. This action is being
taken to provide for the safety of life on
navigable waterways during this oneday event. Our regulation for marine
events within the Thirteenth Coast
Guard District, § 100.1311(a), specifies
the location of the regulated area for the
Windermere Cup which encompasses
waters from Montlake Cut and Union
Bay Reach between Portage Bay and
Webster Point on Lake Washington in
Seattle, WA. During the enforcement
period, as reflected in § 100.1311, if you
are the operator of a vessel in the
regulated area you must comply with
directions from the Patrol Commander
or any Official Patrol displaying a Coast
Guard ensign.
In addition to this notification of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
and modifications, if any, via the Local
Notice to Mariners and marine
information broadcasts.
SUPPLEMENTARY INFORMATION:
AGENCY:
Dated: May 1, 2024.
Mark. A. McDonnell,
Captain, U.S. Coast Guard, Captain of the
Port Sector Puget Sound.
ACTION:
[FR Doc. 2024–09815 Filed 5–3–24; 8:45 am]
Coast Guard, DHS.
Notification of enforcement of
regulation.
BILLING CODE 9110–04–P
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33 CFR Part 147
RIN 1625–AA00
Safety Zone; Revolution Wind Farm
Project Area, Outer Continental Shelf,
Lease OCS–A 0486, Offshore Rhode
Island, Atlantic Ocean
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing 16 temporary safety zones
around the construction of each facility
during the development of the
Revolution Wind Farm project area
within Federal waters on the Outer
Continental Shelf, specifically in the
Bureau of Ocean Energy Management
Renewable Energy Lease Area OCS–A
0486, approximately 15 nautical miles
offshore southeast of Point Judith,
Rhode Island. This action protects life,
property, and the environment during
construction of each facility from May 1,
2024, to May 31, 2024. When enforced,
only attending vessels and vessels with
authorization are permitted to enter or
remain in the temporary safety zones.
DATES: This rule is effective without
actual notice from May 6, 2024, through
11:59 p.m. on May 31, 2024. For the
purposes of enforcement, actual notice
will be used from May 1, 2024, until
May 6, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0356 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email Mr. Craig
Lapiejko, Waterways Management, at
Coast Guard First District, telephone
617–603–8592, email craig.d.lapiejko@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
The Coast Guard will enforce
special local regulations for the
Windermere Cup on May 4, 2024, from
8 a.m. to 12 p.m. to provide for the
safety of life on navigable waterways
during this event. Our regulation for
marine events within the Thirteenth
Coast Guard District identifies the
regulated area for this event on the
Montlake Cut and Union Bay Reach
between Portage Bay and Webster Point
SUMMARY:
ddrumheller on DSK120RN23PROD with RULES1
If
Coast Guard
I. Table of Abbreviations
BOEM Bureau of Ocean Energy
Management
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
OCS Outer Continental Shelf
NAD 83 North American Datum of 1983
NM Nautical Mile
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Federal Register / Vol. 89, No. 88 / Monday, May 6, 2024 / Rules and Regulations
RWF Revolution Wind Farm
§ Section
U.S.C. United States Code
WTG Wind Turbine Generator
II. Background, Purpose, and Legal
Basis
On February 2, 2024, Orsted, an
offshore wind farm developer, notified
the Coast Guard that they plan to begin
construction of the Revolution Wind
facilities in the Revolution Wind Farm
(RWF) project area within federal waters
on the Outer Continental Shelf (OCS),
specifically in the Bureau of Ocean
Energy Management (BOEM) Renewable
Energy Lease Area OCS–A 0486,
approximately 15 nautical miles (NM)
offshore southeast of Point Judith,
Rhode Island, 32 NM southeast of the
Connecticut coast and 12 NM southwest
of Martha’s Vineyard, Massachusetts.
Hence, after determining that
establishment of safety zones was
necessary to provide for the safety of
life, property, and the environment
during the anticipated construction of
the structures, on March 21, 2024, the
Coast Guard published a notice of
proposed rulemaking (NPRM) titled
‘‘Safety Zone; Revolution Wind Farm
Project Area, Outer Continental Shelf,
Lease OCS–A 0486, Offshore Rhode
Island, Atlantic Ocean’’ (89 FR 20150) to
begin construction on June 1st. There
we explained the basis for the NPRM
and invited comments on our proposed
regulatory action related to the
establishment of safety zones around the
construction of 65 Wind Turbine
Generators (WTG) and two Offshore Sub
Stations (OSS) located in the RWF
project area. 86 comments were received
during the comment period that ended
April 22, 2024, that are currently being
considered before the safety zones are
modified or extended.
The Coast Guard is issuing this
temporary rule under authority in 5
U.S.C. 553(b)(B). This statutory
provision authorizes an agency to issue
a rule without prior notice and
opportunity to comment when, for good
cause, the agency finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ The Coast Guard finds that
good cause exists to not complete notice
and comment procedures in this case
because it would be impracticable and
contrary to the public interest of
ensuring the safety of mariners
transiting the area. After the
aforementioned March 21, 2024 NPRM
was published, the Coast Guard was
informed that construction of RWF
project area could begin as soon as May
1, 2024, leaving insufficient time to
consider the received comments, and
issue a final rule by this anticipated date
of construction.
Under 5 U.S.C. 553(d)(3), the Coast
Guard also finds that good cause exists
for making this rule effective less than
30 days after publication in the Federal
Register considering the anticipated
start of construction on May 1, 2024.
Delaying the effective date of this rule
would be contrary to public interest
because immediate action is needed to
respond to the potential safety risks
associated with the extremely complex
and unusually hazardous construction
of these OCS facilities including
hydraulic pile driving hammer
operations, heavy lift operations,
overhead cutting operations, potential
falling debris, increased vessel traffic,
and stationary barges in close proximity
to the facilities and each other,
occurring at times within 12 NM of
shore.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under the authority provided in 14
U.S.C. 544, 43 U.S.C. 1333, and
Department of Homeland Security
(DHS) Delegation No. 00170.1, Revision
No. 01.3. As an implementing regulation
of this authority, 33 CFR part 147
permits the establishment of safety
zones for non-mineral energy resource
permanent or temporary structures
located on the OCS for the purpose of
protecting life and property on the
facilities, appurtenances and attending
vessels, and on the adjacent waters
within the safety zone (see 33 CFR
147.10). Accordingly, a safety zone
established under 33 CFR part 147 may
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Name
Facility type
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This rule establishes 16 temporary
500-meter safety zones around the
construction of 16 WTGs on the OCS
from May 1, 2024, through 11:59 p.m.
on May 31, 2024.
The construction of these facilities is
expected to repeatedly include the
installation of the monopile type
foundations followed by the installation
of the upper structures for all 16
facilities. Major construction activity
could take place at several locations
simultaneously in the lease area for
these 16 facilities. The Coast Guard will
make notice of each enforcement period
via the Local Notice to Mariners and
issue a Broadcast Notice to Mariners via
marine channel 16 (VHF–FM) as soon as
practicable in response to an emergency
or hazardous condition.
Additional information about the
construction process of the RWF can be
found at https://www.boem.gov/
renewable-energy/state-activities/
revolution-wind.
The 16 temporary 500-meter safety
zones around the construction of the
WTGs are in the RWF project area,
specifically in the BOEM Renewable
Energy Lease Area OCS–A 0486,
approximately 15 nautical NM offshore
southeast of Point Judith, Rhode Island,
32 NM southeast of the Connecticut
coast and 12 NM southwest of Martha’s
Vineyard, Massachusetts.
The positions of each individual
safety zone are referred to using a
unique alpha-numeric naming
convention outlined in the ‘‘Rhode
Island and Massachusetts Structure
Labeling Plot (West) 1’’.
Aligning with authorities under 33
CFR 147.15, the temporary safety zones
will include the area within 500-meters
of the center point of the positions
provided in the table below expressed
in Degrees (°) Minutes (’) (DM) based on
North American Datum 1983 (NAD 83).
41°13.555′
41°13.575′
41°13.652′
41°13.676′
41°12.528′
41°11.554′
41°09.452′
Approval Lease Number OCS–A 0517 (boem.gov)
and can be found at https://www.boem.gov/sites/
PO 00000
IV. Discussion of Rule
Latitude
WTG
WTG
WTG
WTG
WTG
WTG
WTG
1 The Rhode Island and Massachusetts Structure
Labeling Plot (West) is an attachment to the
Conditions of Construction and Operations Plan
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.
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N
N
N
N
N
N
N
Longitude
71°10.367′
71°09.050′
71°05.081′
71°03.763′
71°11.647′
71°10.302′
71°15.530′
W
W
W
W
W
W
W
default/files/documents/renewable-energy/stateactivities/SFWF-COP-Terms-and-Conditions.pdf.
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Name
Facility type
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WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
When enforced, no unauthorized
vessel or person would be permitted to
enter the safety zone without obtaining
permission from the First Coast Guard
District Commander or a designated
representative. Requests for entry into
the safety zone would be considered
and reviewed on a case-by-case basis.
Persons or vessels seeking to enter the
safety zone must request authorization
from the First Coast Guard District
Commander or designated
representative via VHF–FM channel 16
or by phone at 617–603–1560 (First
Coast Guard District Command Center).
If permission is granted, all persons and
vessels shall comply with the
instructions of the First Coast Guard
District Commander or designated
representative.
The Proposed Regulatory Text
Appears at the End of This Document.
IV. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
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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 rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
the rule has not been reviewed by the
Office of Management and Budget
(OMB).
Aligning with 33 CFR 147.15, the
safety zones established would extend
to a maximum distance of 500-meters
around the OCS facility measured from
its center point. Vessel traffic would be
able to safely transit around the
proposed safety zones, which would
impact a small, designated area in the
Atlantic Ocean, without significant
impediment to their voyage. This safety
zone would provide for the safety of life,
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Latitude
41°08.699′
41°07.887′
41°06.904′
41°05.675′
41°05.792′
41°04.731′
41°04.746′
41°04.766′
41°04.788′
property, and the environment during
the construction of each structure, in
accordance with Coast Guard maritime
safety missions.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
This rule may affect owners or
operators of vessels intending to transit
or anchor in the RWF, some of which
might be small entities. However, these
safety zones would not have a
significant economic impact on a
substantial number of these entities
because they are temporarily enforced,
allow for deviation requests, and do not
impact vessel transit significantly.
Regarding the enforcement period,
although these safety zones would be in
effect from May 1, 2024, through May
31, 2024, vessels would only be
prohibited from the regulated zone
during periods of actual construction
activity in conjunction with the period
of enforcement. We expect the
enforcement period at each location to
last for a short period. Additionally,
vessel traffic could pass safely around
each safety zone using an alternate
route. Use of an alternate route likely
will cause minimal delay for the vessel
in reaching their destination depending
on other traffic in the area and vessel
speed. Vessels would also be able to
request deviation from this rule to
transit through a safety zone. Such
requests would be considered on a case
by-case basis and may be authorized by
the First Coast Guard District
Commander or a designated
representative. For these reasons, the
Coast Guard expects any impact of this
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Longitude
71°02.260′
70°50.387′
70°50.325′
71°00.836′
70°56.911′
71°00.873′
70°59.423′
70°58.180′
70°56.858′
W
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W
W
W
W
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W
rulemaking establishing a temporary
safety zone around these OCS facilities
to be minimal and have no significant
economic impact on small entities.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
proposed rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132
(Federalism), if it has a substantial
direct effect on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this proposed rule under that Order and
have determined that it is consistent
with the fundamental federalism
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Federal Register / Vol. 89, No. 88 / Monday, May 6, 2024 / Rules and Regulations
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
would not result in such an
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, Rev. 1,
associated implementing instructions,
and Environmental Planning
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This rule
involves the establishment of a safety
zone around an OCS facility to protect
life, property, and the marine
environment. It is categorically
excluded from further review under
paragraph L60 of Appendix A, Table 1
of DHS Instruction Manual 023–01–
001–01, Rev. 1. A Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
Name
Facility type
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Continental shelf, Marine safety,
Navigation (waters).
For the reasons discussed in the
preamble, the Coast Guard is amending
33 CFR part 147 as follows:
PART 147—SAFETY ZONES
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.T01–0356 to read as
follows:
■
§ 147.T01–0356 Safety Zone; Revolution
Wind Farm Project Area, Outer Continental
Shelf, Lease OCS–A 0486, Offshore Rhode
Island, Atlantic Ocean.
(a) Description. The area within 500meters of the center point of the
positions provided in the table below is
a safety zone:
41°13.555′
41°13.575′
41°13.652′
41°13.676′
41°12.528′
41°11.554′
41°09.452′
41°08.699′
41°07.887′
41°06.904′
41°05.675′
41°05.792′
41°04.731′
41°04.746′
41°04.766′
41°04.788′
(2) A vessel authorized by the First
Coast Guard District Commander or a
designated representative.
(d) Request for permission. Persons or
vessels seeking to enter the safety zone
must request authorization from the
First Coast Guard District Commander
or a designated representative. If
permission is granted, all persons and
vessels must comply with lawful
instructions of the First Coast Guard
District Commander or designated
representative via VHF–FM channel 16
or by phone at 617–603–1560 (First
Coast Guard District Command Center).
(e) Effective and enforcement periods.
This section will be effective from May
PO 00000
List of Subjects in 33 CFR Part 147
Latitude
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
WTG
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the First Coast
Guard District Commander in the
enforcement of the safety zones.
(c) Regulations. No vessel may enter
or remain in this safety zone except for
the following:
(1) An attending vessel as defined in
33 CFR 147.20;
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
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Longitude
71°10.367′
71°09.050′
71°05.081′
71°03.763′
71°11.647′
71°10.302′
71°15.530′
71°02.260′
70°50.387′
70°50.325′
71°00.836′
70°56.911′
71°00.873′
70°59.423′
70°58.180′
70°56.858′
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
1, 2024, through 11:59 p.m. on May 31,
2024. But it will only be enforced
during active construction or other
instances which may cause a hazard to
navigation deemed necessary by the
First Coast Guard District Commander.
The First Coast Guard District
Commander will make notification of
the exact dates and times in advance of
each enforcement period for the
locations in paragraph (a) of this section
to the local maritime community
through the Local Notice to Mariners
and will issue a Broadcast Notice to
Mariners via marine channel 16 (VHF–
FM) as soon as practicable in response
to an emergency. If the project is
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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: April 30, 2024.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2024–09754 Filed 5–3–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0295]
RIN 1625–AA00
Safety Zone; Presque Isle Bay, Erie, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 210-foot
radius of Bicentennial Tower at Dobbins
Landing in Erie, PA. The safety zone is
needed to protect personnel, vessels,
and the marine environment from
potential hazards created by the
fireworks display. During the
enforcement period, no person or vessel
may enter the respective safety zone
without the permission of the Captain of
Port Eastern Great Lakes or a designated
representative.
DATES: The rule is effective from 8:30
p.m. through 10:30 p.m. on June 23,
2024.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0295 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
ADDRESSES:
If
you have questions about this rule, call
or email LT William Kelley, Waterways
Management at Sector Eastern Great
Lakes, U.S. Coast Guard; telephone 716–
843–9343, email D09-SMB-SECBuffaloWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with RULES1
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
NPRM Notice of proposed rulemaking
VerDate Sep<11>2014
16:54 May 03, 2024
Jkt 262001
§ Section
U.S.C. United States Code
V. Regulatory Analyses
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule under authority in 5
U.S.C. 553(b)(B). This statutory
provision authorizes an agency to issue
a rule without prior notice and
opportunity to comment when the
agency for good cause finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ The Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
event sponsor did not submit notice of
the fireworks display to the Coast Guard
with sufficient time remaining before
the event to publish an NPRM. Delaying
the effective date of this rule to wait for
a comment period to run would be
impracticable and contrary to the public
interest by inhibiting the Coast Guard’s
ability to protect spectators and vessels
from the hazards associated with this
firework display.
Also, 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. For the same reasons
discussed in the preceding paragraph,
waiting for a 30-day notice period to run
would be impracticable and contrary to
the public interest.
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 Eastern Great Lakes
(COTP) has determined that fireworks
over the water presents significant risks
to public safety and property. This rule
is needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
while the fireworks display is taking
place.
IV. Discussion of the Rule
This rule establishes a safety zone
from 8:30 p.m. through 10:30 p.m. on
June 23, 2024. The safety zone will
cover all navigable waters within a 210foot radius of land launched fireworks
over the Presque Isle Bay in Erie, PA at
42°08′19.87″ N 80°05′29.54″ W. The
duration of the zone is intended to
protect spectators, vessels, and the
marine environment in these navigable
waters during the fireworks display. No
vessel or person will be permitted to
enter the safety zone without obtaining
permission from the COTP or a
designated representative.
PO 00000
Frm 00074
Fmt 4700
Sfmt 4700
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
Accordingly, this rule has not been
reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination
is based on size, location, duration and
time of day of the regulated area The
safety zone will encompass a 210-foot
radius of land launched fireworks in the
Presque Isle Bay in Erie, PA lasting
approximately two hours during the
evening when vessel traffic is normally
low. Moreover, the Coast Guard would
issue a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
zone, and the rule would allow vessels
to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
E:\FR\FM\06MYR1.SGM
06MYR1
]]>Agencies
[Federal Register Volume 89, Number 88 (Monday, May 6, 2024)]
[Rules and Regulations]
[Pages 37130-37134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09754]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 147
[Docket Number USCG-2024-0356]
RIN 1625-AA00
Safety Zone; Revolution Wind Farm Project Area, Outer Continental
Shelf, Lease OCS-A 0486, Offshore Rhode Island, Atlantic Ocean
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 16 temporary safety zones
around the construction of each facility during the development of the
Revolution Wind Farm project area within Federal waters on the Outer
Continental Shelf, specifically in the Bureau of Ocean Energy
Management Renewable Energy Lease Area OCS-A 0486, approximately 15
nautical miles offshore southeast of Point Judith, Rhode Island. This
action protects life, property, and the environment during construction
of each facility from May 1, 2024, to May 31, 2024. When enforced, only
attending vessels and vessels with authorization are permitted to enter
or remain in the temporary safety zones.
DATES: This rule is effective without actual notice from May 6, 2024,
through 11:59 p.m. on May 31, 2024. For the purposes of enforcement,
actual notice will be used from May 1, 2024, until May 6, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0356 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Craig Lapiejko, Waterways
Management, at Coast Guard First District, telephone 617-603-8592,
email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
BOEM Bureau of Ocean Energy Management
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
OCS Outer Continental Shelf
NAD 83 North American Datum of 1983
NM Nautical Mile
[[Page 37131]]
RWF Revolution Wind Farm
Sec. Section
U.S.C. United States Code
WTG Wind Turbine Generator
II. Background, Purpose, and Legal Basis
On February 2, 2024, Orsted, an offshore wind farm developer,
notified the Coast Guard that they plan to begin construction of the
Revolution Wind facilities in the Revolution Wind Farm (RWF) project
area within federal waters on the Outer Continental Shelf (OCS),
specifically in the Bureau of Ocean Energy Management (BOEM) Renewable
Energy Lease Area OCS-A 0486, approximately 15 nautical miles (NM)
offshore southeast of Point Judith, Rhode Island, 32 NM southeast of
the Connecticut coast and 12 NM southwest of Martha's Vineyard,
Massachusetts. Hence, after determining that establishment of safety
zones was necessary to provide for the safety of life, property, and
the environment during the anticipated construction of the structures,
on March 21, 2024, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled ``Safety Zone; Revolution Wind Farm Project
Area, Outer Continental Shelf, Lease OCS-A 0486, Offshore Rhode Island,
Atlantic Ocean'' (89 FR 20150) to begin construction on June 1st. There
we explained the basis for the NPRM and invited comments on our
proposed regulatory action related to the establishment of safety zones
around the construction of 65 Wind Turbine Generators (WTG) and two
Offshore Sub Stations (OSS) located in the RWF project area. 86
comments were received during the comment period that ended April 22,
2024, that are currently being considered before the safety zones are
modified or extended.
The Coast Guard is issuing this temporary rule under authority in 5
U.S.C. 553(b)(B). This statutory provision authorizes an agency to
issue a rule without prior notice and opportunity to comment when, for
good cause, the agency finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' The Coast Guard
finds that good cause exists to not complete notice and comment
procedures in this case because it would be impracticable and contrary
to the public interest of ensuring the safety of mariners transiting
the area. After the aforementioned March 21, 2024 NPRM was published,
the Coast Guard was informed that construction of RWF project area
could begin as soon as May 1, 2024, leaving insufficient time to
consider the received comments, and issue a final rule by this
anticipated date of construction.
Under 5 U.S.C. 553(d)(3), the Coast Guard also finds that good
cause exists for making this rule effective less than 30 days after
publication in the Federal Register considering the anticipated start
of construction on May 1, 2024. Delaying the effective date of this
rule would be contrary to public interest because immediate action is
needed to respond to the potential safety risks associated with the
extremely complex and unusually hazardous construction of these OCS
facilities including hydraulic pile driving hammer operations, heavy
lift operations, overhead cutting operations, potential falling debris,
increased vessel traffic, and stationary barges in close proximity to
the facilities and each other, occurring at times within 12 NM of
shore.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority provided
in 14 U.S.C. 544, 43 U.S.C. 1333, and Department of Homeland Security
(DHS) Delegation No. 00170.1, Revision No. 01.3. As an implementing
regulation of this authority, 33 CFR part 147 permits the establishment
of safety zones for non-mineral energy resource permanent or temporary
structures located on the OCS for the purpose of protecting life and
property on the facilities, appurtenances and attending vessels, and on
the adjacent waters within the safety zone (see 33 CFR 147.10).
Accordingly, a safety zone established under 33 CFR part 147 may also
include provisions to restrict, prevent, or control certain activities,
including access by vessels or persons to maintain safety of life,
property, and the environment.
IV. Discussion of Rule
This rule establishes 16 temporary 500-meter safety zones around
the construction of 16 WTGs on the OCS from May 1, 2024, through 11:59
p.m. on May 31, 2024.
The construction of these facilities is expected to repeatedly
include the installation of the monopile type foundations followed by
the installation of the upper structures for all 16 facilities. Major
construction activity could take place at several locations
simultaneously in the lease area for these 16 facilities. The Coast
Guard will make notice of each enforcement period via the Local Notice
to Mariners and issue a Broadcast Notice to Mariners via marine channel
16 (VHF-FM) as soon as practicable in response to an emergency or
hazardous condition.
Additional information about the construction process of the RWF
can be found at https://www.boem.gov/renewable-energy/state-activities/revolution-wind.
The 16 temporary 500-meter safety zones around the construction of
the WTGs are in the RWF project area, specifically in the BOEM
Renewable Energy Lease Area OCS-A 0486, approximately 15 nautical NM
offshore southeast of Point Judith, Rhode Island, 32 NM southeast of
the Connecticut coast and 12 NM southwest of Martha's Vineyard,
Massachusetts.
The positions of each individual safety zone are referred to using
a unique alpha-numeric naming convention outlined in the ``Rhode Island
and Massachusetts Structure Labeling Plot (West) \1\''.
---------------------------------------------------------------------------
\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 temporary safety
zones will include the area within 500-meters of the center point of
the positions provided in the table below expressed in Degrees ([deg])
Minutes (') (DM) based on North American Datum 1983 (NAD 83).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name Facility type Latitude Longitude
--------------------------------------------------------------------------------------------------------------------------------------------------------
AE06.................................. WTG 41[deg]13.555' N 71[deg]10.367' W
AE07.................................. WTG 41[deg]13.575' N 71[deg]09.050' W
AE10.................................. WTG 41[deg]13.652' N 71[deg]05.081' W
AE11.................................. WTG 41[deg]13.676' N 71[deg]03.763' W
AF05.................................. WTG 41[deg]12.528' N 71[deg]11.647' W
AG06.................................. WTG 41[deg]11.554' N 71[deg]10.302' W
AJ02.................................. WTG 41[deg]09.452' N 71[deg]15.530' W
[[Page 37132]]
AK12.................................. WTG 41[deg]08.699' N 71[deg]02.260' W
AL21.................................. WTG 41[deg]07.887' N 70[deg]50.387' W
AM21.................................. WTG 41[deg]06.904' N 70[deg]50.325' W
AN13.................................. WTG 41[deg]05.675' N 71[deg]00.836' W
AN16.................................. WTG 41[deg]05.792' N 70[deg]56.911' W
AP13.................................. WTG 41[deg]04.731' N 71[deg]00.873' W
AP14.................................. WTG 41[deg]04.746' N 70[deg]59.423' W
AP15.................................. WTG 41[deg]04.766' N 70[deg]58.180' W
AP16.................................. WTG 41[deg]04.788' N 70[deg]56.858' W
--------------------------------------------------------------------------------------------------------------------------------------------------------
When enforced, no unauthorized vessel or person would be permitted
to enter the safety zone without obtaining permission from the First
Coast Guard District Commander or a designated representative. Requests
for entry into the safety zone would be considered and reviewed on a
case-by-case basis. Persons or vessels seeking to enter the safety zone
must request authorization from the First Coast Guard District
Commander or designated representative via VHF-FM channel 16 or by
phone at 617-603-1560 (First Coast Guard District Command Center). If
permission is granted, all persons and vessels shall comply with the
instructions of the First Coast Guard District Commander or designated
representative.
The Proposed Regulatory Text Appears at the End of This Document.
IV. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the rule
has not been reviewed by the Office of Management and Budget (OMB).
Aligning with 33 CFR 147.15, the safety zones established would
extend to a maximum distance of 500-meters around the OCS facility
measured from its center point. Vessel traffic would be able to safely
transit around the proposed safety zones, which would impact a small,
designated area in the Atlantic Ocean, without significant impediment
to their voyage. This safety zone would provide for the safety of life,
property, and the environment during the construction of each
structure, in accordance with Coast Guard maritime safety missions.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
This rule may affect owners or operators of vessels intending to
transit or anchor in the RWF, some of which might be small entities.
However, these safety zones would not have a significant economic
impact on a substantial number of these entities because they are
temporarily enforced, allow for deviation requests, and do not impact
vessel transit significantly. Regarding the enforcement period,
although these safety zones would be in effect from May 1, 2024,
through May 31, 2024, vessels would only be prohibited from the
regulated zone during periods of actual construction activity in
conjunction with the period of enforcement. We expect the enforcement
period at each location to last for a short period. Additionally,
vessel traffic could pass safely around each safety zone using an
alternate route. Use of an alternate route likely will cause minimal
delay for the vessel in reaching their destination depending on other
traffic in the area and vessel speed. Vessels would also be able to
request deviation from this rule to transit through a safety zone. Such
requests would be considered on a case by-case basis and may be
authorized by the First Coast Guard District Commander or a designated
representative. For these reasons, the Coast Guard expects any impact
of this rulemaking establishing a temporary safety zone around these
OCS facilities to be minimal and have no significant economic impact on
small entities.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
[[Page 37133]]
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule would not result
in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule involves the establishment
of a safety zone around an OCS facility to protect life, property, and
the marine environment. It is categorically excluded from further
review under paragraph L60 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 147
Continental shelf, Marine safety, Navigation (waters).
For the reasons discussed in the preamble, the Coast Guard is
amending 33 CFR part 147 as follows:
PART 147--SAFETY ZONES
0
1. The authority citation for part 147 continues to read as follows:
Authority: 14 U.S.C. 544; 43 U.S.C. 1333; 33 CFR 1.05-1;
Department of Homeland Security Delegation No. 00170.1, Revision No.
01.3.
0
2. Add Sec. 147.T01-0356 to read as follows:
Sec. 147.T01-0356 Safety Zone; Revolution Wind Farm Project Area,
Outer Continental Shelf, Lease OCS-A 0486, Offshore Rhode Island,
Atlantic Ocean.
(a) Description. The area within 500-meters of the center point of
the positions provided in the table below is a safety zone:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name Facility type Latitude Longitude
--------------------------------------------------------------------------------------------------------------------------------------------------------
AE06.................................. WTG 41[deg]13.555' N 71[deg]10.367' W
AE07.................................. WTG 41[deg]13.575' N 71[deg]09.050' W
AE10.................................. WTG 41[deg]13.652' N 71[deg]05.081' W
AE11.................................. WTG 41[deg]13.676' N 71[deg]03.763' W
AF05.................................. WTG 41[deg]12.528' N 71[deg]11.647' W
AG06.................................. WTG 41[deg]11.554' N 71[deg]10.302' W
AJ02.................................. WTG 41[deg]09.452' N 71[deg]15.530' W
AK12.................................. WTG 41[deg]08.699' N 71[deg]02.260' W
AL21.................................. WTG 41[deg]07.887' N 70[deg]50.387' W
AM21.................................. WTG 41[deg]06.904' N 70[deg]50.325' W
AN13.................................. WTG 41[deg]05.675' N 71[deg]00.836' W
AN16.................................. WTG 41[deg]05.792' N 70[deg]56.911' W
AP13.................................. WTG 41[deg]04.731' N 71[deg]00.873' W
AP14.................................. WTG 41[deg]04.746' N 70[deg]59.423' W
AP15.................................. WTG 41[deg]04.766' N 70[deg]58.180' W
AP16.................................. WTG 41[deg]04.788' N 70[deg]56.858' W
--------------------------------------------------------------------------------------------------------------------------------------------------------
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the First
Coast Guard District Commander in the enforcement of the safety zones.
(c) Regulations. No vessel may enter or remain in this safety zone
except for the following:
(1) An attending vessel as defined in 33 CFR 147.20;
(2) A vessel authorized by the First Coast Guard District Commander
or a designated representative.
(d) Request for permission. Persons or vessels seeking to enter the
safety zone must request authorization from the First Coast Guard
District Commander or a designated representative. If permission is
granted, all persons and vessels must comply with lawful instructions
of the First Coast Guard District Commander or designated
representative via VHF-FM channel 16 or by phone at 617-603-1560 (First
Coast Guard District Command Center).
(e) Effective and enforcement periods. This section will be
effective from May 1, 2024, through 11:59 p.m. on May 31, 2024. But it
will only be enforced during active construction or other instances
which may cause a hazard to navigation deemed necessary by the First
Coast Guard District Commander. The First Coast Guard District
Commander will make notification of the exact dates and times in
advance of each enforcement period for the locations in paragraph (a)
of this section to the local maritime community through the Local
Notice to Mariners and will issue a Broadcast Notice to Mariners via
marine channel 16 (VHF-FM) as soon as practicable in response to an
emergency. If the project is
[[Page 37134]]
completed before May 31, 2024, enforcement of the safety zones will be
suspended, and notice given via Local Notice to Mariners. The First
Coast Guard District Local Notice to Mariners can be found at: https://www.navcen.uscg.gov.
Dated: April 30, 2024.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2024-09754 Filed 5-3-24; 8:45 am]
BILLING CODE 9110-04-P
