SECTION 4. EXTENSION OF THE

CONTINUITY SAFE HARBOR FOR SECTIONS 45 AND 48

.01 Qualification for Continuity Safe Harbor Extension . A qualified facility or an energy property construction project that is an Offshore Project or a Federal Land Project (each as defined in section 4.02 of this notice) satisfies the Continuity Safe Harbor if a taxpayer places the qualified facility or energy property that is the subject of the project into service by the end of a calendar year that is no more than 10 calendar years after the calendar year during which construction of the project began.

.02 Definitions . For purposes of qualifying for the Continuity Safe Harbor extension under section 4.01 of this notice, the following definitions apply:

(1) Federal Land . The term “Federal Land” means any land owned or controlled by the United States.

(2) Federal Land Project . The term “Federal Land Project” means a qualified facility or an energy property construction project—

(a) more than 50 percent of which will be placed in service on Federal Land, as determined by relative value or relative area; and

(b) that will require the construction of one or more high-voltage transmission lines to connect the qualified facility or energy property to the Grid.

(3) Offshore . The term “Offshore” means any inland navigable waters of the United States or any coastal waters of the United States.

(4) Offshore Project. The term “Offshore Project” means a qualified facility or an energy property construction project that will be placed in service Offshore.