[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Rules and Regulations]
[Pages 42237-42243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14073]


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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, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 63 temporary 500-meter safety 
zones around the construction of 62 wind turbine generators (WTGs) and 
one electrical service platform (ESP) located in the Vineyard Wind 1 
Wind Farm (VW1WF) project area within federal waters on the Outer 
Continental Shelf (OCS), specifically in the northern portion of Bureau 
of Ocean Energy Management (BOEM) Renewable Energy Lease Area OCS-A 
0501, approximately 12 nautical miles (NM) offshore of Martha's 
Vineyard, Massachusetts and 12 NM offshore Nantucket, Massachusetts. 
This action is necessary to provide for the safety of life, property, 
and the environment during the planned construction of each facility's 
monopile type foundation and subsequent installation of the WTGs 
turbines and ESP platform from June 27, 2023, to May 31, 2024. When 
enforced, only attending vessels and those vessels specifically 
authorized by the First Coast Guard District Commander, or a designated 
representative, are permitted to enter or remain in the temporary 
safety zones.

DATES: This rule is effective without actual notice from June 30, 2023, 
through 11:59 p.m. on May 31, 2024. For the purposes of enforcement, 
actual notice will be used from June 27, 2023, until June 30, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0277 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

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

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

BOEM Bureau of Ocean Energy Management
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
DD Degrees Decimal
DHS Department of Homeland Security
EIS Environmental Impact Statement
FR Federal Register
MSIB Marine Safety Information Bulletin
NPRM Notice of proposed rulemaking
OCS Outer Continental Shelf
OSS Offshore Substation
LNM Local Notice to Mariners
NAD 83 North American Datum of 1983
NM Nautical Mile
Sec.  Section
SMIB Safety Marine Information Broadcast
U.S.C. United States Code
WTG Wind Turbine Generator
VHF-FM Very High Frequency--Frequency Modulation
VW1WF Vineyard Wind 1 Wind Farm

II. Background, Purpose, and Legal Basis

    On March 15, 2023, Vineyard Wind, LLC, an offshore wind farm 
developer, notified the Coast Guard that they plan to begin 
construction of facilities in the VW1WF project area within federal 
waters on the OCS, specifically in the northern portion of BOEM 
Renewable Energy Lease Area OCS-A 0501, approximately 12 NM offshore 
Martha's Vineyard, Massachusetts and 12 NM offshore Nantucket, 
Massachusetts in June 2023.
    After determining that establishment of safety zones was necessary 
to provide for the safety of life, property, and the environment during 
the anticipated construction of the structures, on May 3, 2023, the 
Coast Guard published a notice of proposed rulemaking (NPRM) titled 
``Safety Zone; Vineyard Wind 1 Wind Farm Project Area, Outer 
Continental Shelf, Lease OCS-A 0501, Offshore Massachusetts, Atlantic 
Ocean'' (88 FR 27839). There we explained the basis for the NPRM and 
invited comments on our proposed regulatory action related to the 
establishment of safety zones around the construction of 62 WTGs and 
one ESP located in the VW1WF project area. Five comments were received 
during the comment period that ended June 2, 2023.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. The comment period for the NPRM 
associated with the VW1WF project area ended on June 2, 2023, and 
construction for the project has already begun. Thus, there is 
insufficient time to allow for 30-days before the rule becomes 
effective. Delaying the effective date of this rule would be 
impracticable because immediate action is needed to respond to the 
potential safety risks associated with the extremely complex and 
unusually hazardous construction of these OCS facilities including 
hydraulic pile driving hammer operations, heavy lift operations, 
overhead cutting operations, potential falling debris, increased vessel 
traffic, and stationary barges in close proximity to the facilities and 
each other.
    Based on these circumstances, the First Coast Guard District 
Commander has determined that establishment of 63 safety zones through 
rulemaking is warranted to ensure the safety of life, property, and the 
environment within a 500-meter radius of each of the 63 facilities 
during their construction.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority provided 
in 14 U.S.C. 544, 43 U.S.C. 1333, and Department of Homeland Security 
(DHS) Delegation No. 00170.1, Revision No. 01.3. As an implementing 
regulation of this authority, 33 CFR part 147 permits the establishment 
of safety zones for non-mineral energy resource permanent or temporary 
structures located on the OCS for the purpose of protecting life and 
property on the facilities, appurtenances and attending vessels, and on 
the adjacent waters within the safety zone (see 33 CFR 147.10). 
Accordingly, a safety zone established under 33 CFR part 147 may also 
include provisions to restrict, prevent, or control certain activities, 
including access by vessels or persons to maintain safety of life, 
property, and the environment.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, the Coast Guard received five public comments on 
the NPRM published May 3, 2023. All five commenters expressed general 
opposition to wind farm construction.

[[Page 42238]]

Three commenters expressed specific opposition to the proposed rule and 
the enforcement of safety zones around construction. Two commenters 
questioned Coast Guard's authority to establish safety zones on the 
Outer Continental Shelf and stated concerns that impact of safety zones 
was not analyzed by BOEM during the VW1WF Final Environmental Impact 
Statement (EIS) process. We provide a detailed discussion of those 
comments below.
    First, the Coast Guard is issuing this rule under the authority 
provided in 14 U.S.C. 544, 43 U.S.C. 1333, and Department of Homeland 
Security (DHS) Delegation No. 00170.1, Revision No. 01.3. On January 1, 
2021, Congress enacted the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021 (NDAA), Public Law 116-283, 134 
Stat. 3388. Section 9503 of the NDAA amended Section 4(a)(1) of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(1)) to 
specifically include non-mineral energy resources. On January 11, 2023, 
the Coast Guard published a final rule titled ``Safety Zones; Technical 
and Conforming Amendments'' (88 FR 1511), which made non-substantive 
technical and conforming amendments to the Code of Federal Regulations 
(CFR) at part 147. That rule enabled the Coast Guard to place safety 
zones for non-mineral energy resource facilities on the Outer 
Continental Shelf in part 147 where other OCS safety zone regulations 
are located.
    As an implementing regulation of this authority, 33 CFR part 147 
permits the establishment of safety zones for non-mineral energy 
resource permanent or temporary structures located on the OCS for the 
purpose of protecting life and property on the facilities, 
appurtenances and attending vessels, and on the adjacent waters within 
the safety zone (see 33 CFR 147.10). Accordingly, a safety zone 
established under 33 CFR part 147 may also include provisions to 
restrict, prevent, or control certain activities, including access by 
vessels or persons to maintain safety of life, property, and the 
environment.
    Second, while the safety zones were not analyzed by BOEM during the 
EIS process, the Coast Guard has analyzed this rule under Department of 
Homeland Security Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard's compliance with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f). The Coast 
Guard has determined that the action is one of a category of actions 
that do not individually or cumulatively have a significant effect on 
the human environment. This rule establishes a safety zone around an 
OCS facility to protect life, property, and the marine environment and 
categorically excluded from further review under paragraph L60(a) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A 
Record of Environmental Consideration supporting this determination is 
available in the subject docket. For instructions on locating the 
docket, see the ADDRESSES section of the preamble.
    One commenter disagreed with the finding of no significant economic 
impact on small entities. While this rule may affect some owners or 
operators of small entities, the Coast Guard believes these safety 
zones will have a minimal economic impact because the safety zones are 
temporarily enforced, allow for deviation requests, and do not 
significantly impact transits. Vessels will only be prohibited from the 
regulated zone during periods of actual construction activity. The 
Coast Guard anticipates the enforcement period at each location to last 
approximately 48 hours. Vessel traffic will be able to pass safely 
around each safety zone using an alternate route. Use of an alternate 
route will likely cause minimal delay for vessels in reaching their 
destination depending on other traffic in the area and vessel speeds. 
Vessels will be permitted to request deviations from this rule to 
transit through a safety zone. Such requests would be considered on a 
case by case basis and may be authorized by the First Coast Guard 
District Commander.
    That same commenter expressed concerns about the effective date of 
the safety zones not aligning with the dates and timing of actual 
construction and that there is nothing preventing the Coast Guard from 
enacting future exclusion zones.
    Although the Coast Guard has been aware of the VW1WF project area 
for several years, the Coast Guard was only recently granted the 
authority to establish safety zones for non-mineral energy resource 
facilities on the Outer Continental Shelf. The Coast Guard was notified 
of the estimated construction details on March 15, 2023, and was 
notified of the exact construction commencement date after the NPRM was 
published. The Coast Guard views public participation as essential to 
effective rulemaking and determined that it was in the public interest 
to open the comment period. The 63 safety zones established by this 
rule are intended to be temporary and are enforceable only through May 
31, 2024. If the project is completed before May 31, 2024, enforcement 
of the safety zones will be suspended, and notice will be provided via 
Local Notice to Mariners. The implementation of additional safety zones 
would require additional notice and comment rulemaking.
    One commenter offered two recommendations for the Coast Guard to 
consider when establishing temporary safety zones.
    First, the commenter recommended additional means of making notice 
of each enforcement period. Recommendations included: directly 
notifying local commercial fishing organizations, creating a dedicated 
web page, and requiring vessel on-scene during all construction 
activities whose sole role is to patrol the area and ensure vessels are 
aware of the safety zone. As stated in the proposed rule, the Coast 
Guard will make notice of each enforcement period via the First Coast 
Guard District Local Notice to Mariners (LNM). The LNM has historically 
been the primary means for disseminating information concerning aids to 
navigation, hazards to navigation, and other marine information of 
interest to mariners on the waters of the United States. The First 
Coast Guard District LNM is available online and can be found at its 
dedicated website at https://www.navcen.uscg.gov. Notices are published 
weekly. Interested parties may subscribe to receive email updates at 
https://service.govdelivery.com/accounts/USDHSCG/subscriber/new?topic_id=USDHSCG_65. The Coast Guard believes the use of the LNM to 
be the most efficient means to distribute information concerning 
enforcement periods for these safety zones.
    The proposed rule stated that the Coast Guard would issue a 
Broadcast Notice to Mariners (BNM) via marine channel 16 (VHF-FM) as 
soon as practicable in response to an emergency or hazardous condition. 
The Coast Guard now offers an online subscription service in addition 
to the standard VHF BNM broadcasts which, traditionally, was the only 
method to receive this vital navigational information. Mariners may now 
use a subscription service to plan for underway periods and can receive 
updates to navigational hazards in near-real-time without waiting on 
scheduled VHF broadcasts. Sign up to receive BNMs via email for your 
waterway at https://www.navcen.uscg.gov/subscribe-email-rss-feeds.
    The Coast Guard will also issue Safety Marine Information 
Broadcasts (SMIB) via marine channel 16 (VHF-FM) for each Safety Zone 
starting an hour before

[[Page 42239]]

and broadcasting four times per day for the duration of the safety zone 
and Marine Safety Information Bulletins (MSIB) are distributed via 
email. MSIBs will also be posted on Coast Guard Sector Southeastern New 
England's Homeport at https://homeport.uscg.mil/port-directory/southeastern-new-england-(providence).
    Additionally, Vineyard Wind will provide dedicated safety and scout 
vessels on scene to provide advisory information.
    Second, the commenter recommended the definition of a designated 
representative be expanded if requests to deviate from the rule to 
transit through a safety zone becomes time consuming. Specifically, the 
recommendation was to expand the definition of ``designated 
representative'' to account for need to process rule deviations in a 
timely manner. The Coast Guard does not anticipate delays from our 
designated representatives. Upon further examination, the Coast Guard 
believes that the current definition of ``designated representative'' 
should be maintained. Based on the particular details of this offshore 
construction project, including the short duration of the enforcement 
period (approximately 48 hours during active construction), the more 
distant offshore location which sees less vessel traffic, and the types 
of large vessels that are most likely to navigate in the vicinity of 
the safety zones (commercial shipping, fishing, and tugs with tows), 
the Coast Guard finds no compelling necessity to broaden representative 
designation or the authority to permit passage through and around the 
safety zones. Maintaining designation to Coast Guard Patrol Commander, 
including a Coast Guard coxswain, petty officer, or other officer 
operating a Coast Guard vessel and a Federal, State, and local officer 
designated by or assisting the First Coast Guard District Commander in 
the enforcement of the safety zones will ensure consistent application.
    The First Coast Guard District has factored applicable statutes and 
regulations into the subject rule. Applicable authorities are cited in 
section III. of this document.
    After considering the comments discussed above, the Coast Guard 
determined that no additional changes should be made to the regulatory 
text. The rule ensures consistency, sufficient notice, and improved 
safety while minimizing impact on vessel transit.
    There is one change to the regulatory text of this rule from the 
proposed rule in the NPRM to account for the delay in the effective 
date.
    This rule establishes 63 temporary 500-meter safety zones around 
the construction of 62 WTGs and one ESP on the OCS from June 27, 2023, 
through 11:59 p.m. on May 31, 2024.
    The construction of these facilities is expected to take place in 
mixed phases alternating between the installation of several monopile 
type foundations followed by the installation of the upper structures 
then repeating this process throughout the project area until all 63 
facilities have been completed. The 63 temporary safety zones would be 
enforced individually as construction progresses from one structure 
location to the next throughout the entire process for a period lasting 
approximately 48 hours. The Coast Guard will make notice of each 
enforcement period via the Local Notice to Mariners and issue a 
Broadcast Notice to Mariners via marine channel 16 (VHF-FM) as soon as 
practicable in response to an emergency or hazardous condition. The 
Coast Guard is publishing this rulemaking to be effective, and 
enforceable, through May 31, 2024, to encompass any construction delays 
due to weather or other unforeseen circumstances. If the project is 
completed before May 31, 2024, enforcement of the safety zones would be 
suspended, and notice given via Local Notice to Mariners.
    Additional information about the construction process of the VW1WF 
can be found at https://www.boem.gov/vineyard-wind.
    The 63 temporary 500-meter safety zones around the construction of 
62 WTGs and one ESP are in the VW1WF project area, specifically in the 
northern portion of BOEM Renewable Energy Lease Area OCS-A 0501, 
approximately 12 NM offshore of Martha's Vineyard, Massachusetts and 12 
NM offshore Nantucket, Massachusetts, within federal waters on the OCS.
    The positions of each individual safety zone will be referred to 
using a unique alpha-numeric naming convention outlined in the ``Rhode 
Island and Massachusetts Structure Labeling Plot (West).'' \1\
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    \1\ The Rhode Island and Massachusetts Structure Labeling Plot 
(West) is an attachment to the Conditions of Construction and 
Operations Plan Approval Lease Number OCS-A 0517 (boem.gov) and can 
be found at https://www.boem.gov/sites/default/files/documents/renewable-energy/state-activities/SFWF-COP-Terms-and-Conditions.pdf.
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    Aligning with authorities under 33 CFR 147.15, the safety zones 
will include the area within 500-meters of the center point of the 
positions provided in the table below expressed in Decimal Degrees (DD) 
based on North American Datum 1983 (NAD 83).

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                 Name                              Facility type                            Latitude                              Longitude
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AL38.................................  WTG                                    N 41.1370161                          W -70.4638911
AM37.................................  ESP                                    N 41.1200616                          W -70.4851682
AM38.................................  WTG                                    N 41.1203387                          W -70.4635204
AM39.................................  WTG                                    N 41.1206168                          W -70.4414663
AN36.................................  WTG                                    N 41.1030927                          W -70.5072461
AN37.................................  WTG                                    N 41.1033791                          W -70.4851982
AN38.................................  WTG                                    N 41.1036612                          W -70.4631500
AN39.................................  WTG                                    N 41.1039392                          W -70.4411014
AP35.................................  WTG                                    N 41.0861251                          W -70.5289069
AP36.................................  WTG                                    N 41.0864155                          W -70.5068649
AP37.................................  WTG                                    N 41.0867017                          W -70.4848226
AP38.................................  WTG                                    N 41.0869837                          W -70.4627799
AP39.................................  WTG                                    N 41.0872615                          W -70.4407369
AP40.................................  WTG                                    N 41.0875351                          W -70.4186937
AP41.................................  WTG                                    N 41.0878044                          W -70.3966501
AQ34.................................  WTG                                    N 41.0691535                          W -70.5505566
AQ35.................................  WTG                                    N 41.0694480                          W -70.5285205
AQ36.................................  WTG                                    N 41.0697382                          W -70.5064840
AQ37.................................  WTG                                    N 41.0700243                          W -70.4844472
AQ38.................................  WTG                                    N 41.0703061                          W -70.4624101
AQ39.................................  WTG                                    N 41.0705837                          W -70.4403727

[[Page 42240]]

 
AQ40.................................  WTG                                    N 41.0708571                          W -70.4183350
AQ41.................................  WTG                                    N 41.0711263                          W -70.3962970
AQ42.................................  WTG                                    N 41.0713913                          W -70.3742587
AR33.................................  WTG                                    N 41.0521781                          W -70.5721951
AR34.................................  WTG                                    N 41.0524766                          W -70.5501649
AR35.................................  WTG                                    N 41.0527709                          W -70.5281343
AR36.................................  WTG                                    N 41.0530609                          W -70.5061034
AR37.................................  WTG                                    N 41.0533468                          W -70.4840722
AR38.................................  WTG                                    N 41.0536285                          W -70.4620407
AR39.................................  WTG                                    N 41.0539059                          W -70.4400088
AR40.................................  WTG                                    N 41.0541792                          W -70.4179767
AR41.................................  WTG                                    N 41.0544482                          W -70.3959442
AR42.................................  WTG                                    N 41.0547130                          W -70.3739115
AS32.................................  WTG                                    N 41.0351987                          W -70.5938225
AS33.................................  WTG                                    N 41.0355012                          W -70.5717982
AS34.................................  WTG                                    N 41.0357995                          W -70.5497735
AS35.................................  WTG                                    N 41.0360937                          W -70.5277485
AS36.................................  WTG                                    N 41.0363836                          W -70.5057231
AS37.................................  WTG                                    N 41.0366693                          W -70.4836975
AS38.................................  WTG                                    N 41.0369508                          W -70.4616715
AS39.................................  WTG                                    N 41.0372281                          W -70.4396452
AS40.................................  WTG                                    N 41.0375012                          W -70.4176186
AS41.................................  WTG                                    N 41.0377701                          W -70.3955918
AS42.................................  WTG                                    N 41.0380347                          W -70.3735646
AT33.................................  WTG                                    N 41.0188243                          W -70.5714016
AT34.................................  WTG                                    N 41.0191225                          W -70.5493824
AT35.................................  WTG                                    N 41.0194164                          W -70.5273630
AT36.................................  WTG                                    N 41.0197062                          W -70.5053432
AT37.................................  WTG                                    N 41.0199917                          W -70.4833231
AT38.................................  WTG                                    N 41.0202731                          W -70.4613027
AT39.................................  WTG                                    N 41.0205502                          W -70.4392819
AT40.................................  WTG                                    N 41.0208231                          W -70.4172609
AT41.................................  WTG                                    N 41.0210918                          W -70.3952396
AU36.................................  WTG                                    N 41.0030287                          W -70.5049636
AU37.................................  WTG                                    N 41.0033141                          W -70.4829490
AU38.................................  WTG                                    N 41.0035953                          W -70.4609341
AU39.................................  WTG                                    N 41.0038722                          W -70.4389190
AU40.................................  WTG                                    N 41.0041450                          W -70.4169035
AV37.................................  WTG                                    N 40.9866364                          W -70.4825752
AV38.................................  WTG                                    N 40.9869174                          W -70.4605659
AV39.................................  WTG                                    N 40.9871942                          W -70.4385563
AW38.................................  WTG                                    N 40.9702395                          W -70.4601980
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    When enforced, no unauthorized vessel or person would be permitted 
to enter the safety zone without obtaining permission from the First 
Coast Guard District Commander or a designated representative. Requests 
for entry into the safety zone would be considered and reviewed on a 
case-by-case basis. Persons or vessels seeking to enter the safety zone 
must request authorization from the First Coast Guard District 
Commander or designated representative via VHF-FM channel 16 or by 
phone at 617-603-1560 (First Coast Guard District Command Center). If 
permission is granted, all persons and vessels shall comply with the 
instructions of the First Coast Guard District Commander or designated 
representative.
    The regulatory text appears at the end of this document.

IV. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. A summary of our analyses based 
on these statutes and Executive orders follows.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866 as amended by 
Executive Order 14094 (Modernizing Regulatory Review). Accordingly, the 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    Aligning with 33 CFR 147.15, the established safety zones will 
extend to a maximum distance of 500-meters around the OCS facility 
measured from its center point. Vessel traffic will be able to safely 
transit around the safety zones, which would impact a small, designated 
area in the Atlantic Ocean, without significant impediment to their 
voyage. This safety zone will provide for the safety of life, property, 
and the environment during the construction of each structure, in 
accordance with Coast Guard maritime safety missions.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule would not have a significant

[[Page 42241]]

economic impact on a substantial number of small entities.
    This rule may affect owners or operators of vessels intending to 
transit or anchor in the VW1WF, some of which might be small entities. 
However, these safety zones will not have a significant economic impact 
on a substantial number of these entities because they are temporarily 
enforced, allow for deviation requests, and do not impact vessel 
transit significantly. Regarding the enforcement period, although these 
safety zones will be in effect from June 27, 2023, through May 31, 
2024, vessels will only be prohibited from the regulated zone during 
periods of actual construction activity in correspondence to the period 
of enforcement. We expect the enforcement period at each location to 
last approximately 48 hours as construction progresses from one 
structure location to the next throughout the mixed phases. 
Additionally, vessel traffic could pass safely around each safety zone 
using an alternate route. Use of an alternate route likely will cause 
minimal delay for the vessel in reaching their destination depending on 
other traffic in the area and vessel speed. Vessels will also be able 
to request deviation from this rule to transit through a safety zone. 
Such requests would be considered on a case by-case basis and may be 
authorized by the First Coast Guard District Commander or a designated 
representative. For these reasons, the Coast Guard expects any impact 
of this rulemaking establishing a temporary safety zone around these 
OCS facilities to be minimal and have no significant economic impact on 
small entities.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist all small 
entities in understanding this temporary final rule. If the rule would 
affect your small business, organization, or governmental jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please call or email the person listed in the FOR FURTHER 
INFORMATION CONTACT section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This temporary final rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132 
(Federalism), if it has a substantial direct effect on the States, on 
the relationship between the National Government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government. We have analyzed this rule under that order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this temporary final rule 
will not result in such an expenditure, we do discuss the potential 
effects of this temporary final rule elsewhere in this preamble.

F. Environment

    We have analyzed this final rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have 
determined that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of safety zones 
around an OCS facility to protect life, property, and the marine 
environment. It is categorically excluded from further review under 
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting 
this determination is available in the docket. For instructions on 
locating the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

List of Subjects in 33 CFR Part 147

    Continental shelf, Marine safety, Navigation (waters).

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 147 as follows:

PART 147--SAFETY ZONES

0
1. The authority citation for part 147 continues to read as follows:

    Authority:  14 U.S.C. 544; 43 U.S.C. 1333; 33 CFR 1.05-1; 
Department of Homeland Security Delegation No. 00170.1, Revision No. 
01.3.


0
2. Add Sec.  147.T01-0277 to read as follows:


Sec.  147.T01-0277  Safety Zones; Vineyard Wind 1 Wind Farm Project 
Area, Outer Continental Shelf, Lease OCS-A 0501, Offshore 
Massachusetts, Atlantic Ocean.

    (a) Description. The area within 500-meters of the center point of 
the positions provided in the following table is a safety zone:

[[Page 42242]]



                                                                Table 1 to Paragraph (a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                Name                             Facility type                             Latitude                              Longitude
--------------------------------------------------------------------------------------------------------------------------------------------------------
AL38...............................  WTG                                    N 41.1370161                           W -70.4638911
AM37...............................  ESP                                    N 41.1200616                           W -70.4851682
AM38...............................  WTG                                    N 41.1203387                           W -70.4635204
AM39...............................  WTG                                    N 41.1206168                           W -70.4414663
AN36...............................  WTG                                    N 41.1030927                           W -70.5072461
AN37...............................  WTG                                    N 41.1033791                           W -70.4851982
AN38...............................  WTG                                    N 41.1036612                           W -70.4631500
AN39...............................  WTG                                    N 41.1039392                           W -70.4411014
AP35...............................  WTG                                    N 41.0861251                           W -70.5289069
AP36...............................  WTG                                    N 41.0864155                           W -70.5068649
AP37...............................  WTG                                    N 41.0867017                           W -70.4848226
AP38...............................  WTG                                    N 41.0869837                           W -70.4627799
AP39...............................  WTG                                    N 41.0872615                           W -70.4407369
AP40...............................  WTG                                    N 41.0875351                           W -70.4186937
AP41...............................  WTG                                    N 41.0878044                           W -70.3966501
AQ34...............................  WTG                                    N 41.0691535                           W -70.5505566
AQ35...............................  WTG                                    N 41.0694480                           W -70.5285205
AQ36...............................  WTG                                    N 41.0697382                           W -70.5064840
AQ37...............................  WTG                                    N 41.0700243                           W -70.4844472
AQ38...............................  WTG                                    N 41.0703061                           W -70.4624101
AQ39...............................  WTG                                    N 41.0705837                           W -70.4403727
AQ40...............................  WTG                                    N 41.0708571                           W -70.4183350
AQ41...............................  WTG                                    N 41.0711263                           W -70.3962970
AQ42...............................  WTG                                    N 41.0713913                           W -70.3742587
AR33...............................  WTG                                    N 41.0521781                           W -70.5721951
AR34...............................  WTG                                    N 41.0524766                           W -70.5501649
AR35...............................  WTG                                    N 41.0527709                           W -70.5281343
AR36...............................  WTG                                    N 41.0530609                           W -70.5061034
AR37...............................  WTG                                    N 41.0533468                           W -70.4840722
AR38...............................  WTG                                    N 41.0536285                           W -70.4620407
AR39...............................  WTG                                    N 41.0539059                           W -70.4400088
AR40...............................  WTG                                    N 41.0541792                           W -70.4179767
AR41...............................  WTG                                    N 41.0544482                           W -70.3959442
AR42...............................  WTG                                    N 41.0547130                           W -70.3739115
AS32...............................  WTG                                    N 41.0351987                           W -70.5938225
AS33...............................  WTG                                    N 41.0355012                           W -70.5717982
AS34...............................  WTG                                    N 41.0357995                           W -70.5497735
AS35...............................  WTG                                    N 41.0360937                           W -70.5277485
AS36...............................  WTG                                    N 41.0363836                           W -70.5057231
AS37...............................  WTG                                    N 41.0366693                           W -70.4836975
AS38...............................  WTG                                    N 41.0369508                           W -70.4616715
AS39...............................  WTG                                    N 41.0372281                           W -70.4396452
AS40...............................  WTG                                    N 41.0375012                           W -70.4176186
AS41...............................  WTG                                    N 41.0377701                           W -70.3955918
AS42...............................  WTG                                    N 41.0380347                           W -70.3735646
AT33...............................  WTG                                    N 41.0188243                           W -70.5714016
AT34...............................  WTG                                    N 41.0191225                           W -70.5493824
AT35...............................  WTG                                    N 41.0194164                           W -70.5273630
AT36...............................  WTG                                    N 41.0197062                           W -70.5053432
AT37...............................  WTG                                    N 41.0199917                           W -70.4833231
AT38...............................  WTG                                    N 41.0202731                           W -70.4613027
AT39...............................  WTG                                    N 41.0205502                           W -70.4392819
AT40...............................  WTG                                    N 41.0208231                           W -70.4172609
AT41...............................  WTG                                    N 41.0210918                           W -70.3952396
AU36...............................  WTG                                    N 41.0030287                           W -70.5049636
AU37...............................  WTG                                    N 41.0033141                           W -70.4829490
AU38...............................  WTG                                    N 41.0035953                           W -70.4609341
AU39...............................  WTG                                    N 41.0038722                           W -70.4389190
AU40...............................  WTG                                    N 41.0041450                           W -70.4169035
AV37...............................  WTG                                    N 40.9866364                           W -70.4825752
AV38...............................  WTG                                    N 40.9869174                           W -70.4605659
AV39...............................  WTG                                    N 40.9871942                           W -70.4385563
AW38...............................  WTG                                    N 40.9702395                           W -70.4601980
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the First 
Coast Guard District Commander in the enforcement of the safety zones.
    (c) Regulations. No vessel may enter or remain in the safety zones 
described in paragraph (a) of this section except for the following:

[[Page 42243]]

    (1) An attending vessel as defined in Sec.  147.20; and
    (2) A vessel authorized by the First Coast Guard District Commander 
or a designated representative.
    (d) Request for permission. Persons or vessels seeking to enter the 
safety zone must request authorization from the First Coast Guard 
District Commander or a designated representative. If permission is 
granted, all persons and vessels must comply with lawful instructions 
of the First Coast Guard District Commander or designated 
representative via VHF-FM channel 16 or by phone at 617-223-1560 (First 
Coast Guard District Command Center).
    (e) Effectiveness and enforcement periods. This section is in 
effect from June 27, 2023, through 11:59 p.m. on May 31, 2024. But it 
will only be enforced during active construction or other instances 
which may cause a hazard to navigation deemed necessary by the First 
Coast Guard District Commander. The First Coast Guard District 
Commander will make notification of the exact dates and times in 
advance of each enforcement period for the locations in paragraph (a) 
of this section to the local maritime community through the Local 
Notice to Mariners and will issue a Broadcast Notice to Mariners via 
marine channel 16 (VHF-FM) as soon as practicable in response to an 
emergency. If the project is completed before May 31, 2024, enforcement 
of the safety zones will be suspended, and notice given via Local 
Notice to Mariners. The First Coast Guard District Local Notice to 
Mariners can be found at https://www.navcen.uscg.gov.

    Dated: June 27, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2023-14073 Filed 6-29-23; 8:45 am]
BILLING CODE 9110-04-P


