[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Notices]
[Pages 5817-5818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2547]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2011-1162]


Ocean Renewable Power Company, Tidal Energy Project, Cobscook 
Bay, ME

AGENCY: Coast Guard, DHS.

ACTION: Request for comments.

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SUMMARY: The Coast Guard seeks public comments and information on how 
to best address the proposal put forth by Ocean Renewable Energy 
Company (ORPC) to install five turbine generator units secured to the 
ocean floor, used for generating electricity from tidal currents and is 
now providing the public the opportunity to provide additional 
comments. The proposed project will take place in the navigable waters 
of Cobscook Bay, between the City of Eastport and the Town of Lubec in 
Washington County, Maine. The proposal does not impede surface 
navigation, but could pose a threat to navigation safety for activities 
that occur within the water area where these underwater turbines 
operate. To protect the maritime public and underwater

[[Page 5818]]

turbine equipment, the Coast Guard is considering several options to 
ensure the safety of all waterway users and is garnering comments and 
information from the public with regards to these various options.

DATES: All written comments and related material must be received by 
the Coast Guard on or before February 21, 2012.

ADDRESSES: You may submit written comments identified by docket number 
USCG-USCG-1162 before or after the meeting using any one of the 
following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: (202) 493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (202) 366-9329.
    To avoid duplication, please use only one of these four methods. 
Our online docket for this rulemaking is available on the Internet at 
http://www.regulations.gov under docket number USCG-USCG-2011-1162.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning the 
meeting or the proposed rule, please call or email Lieutenant Megan 
Drewniak of the Waterways Management Division, U.S. Coast Guard Sector 
Northern New England; email [email protected], telephone 207-
741-5421. If you have questions on viewing or submitting material to 
the docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    ORPC's tidal energy project involves installation of five 
underwater turbines on the seabed in the navigable waters of Cobscook 
Bay. The nature and operation of the structure is hazardous and poses 
risks to the mariner. In order to mitigate the inherent risks involved 
with these tidal generators, it may be necessary to control or limit 
vessel movement and activity through the area.
    Several maritime practices that involve physical contact with the 
seabed (e.g., anchoring, dragging, trawling, etc.) pose a specific risk 
to the mariner as inadvertent entanglement with an underwater turbine 
could pose the risk of a marine casualty. It is also conceivable that 
mariners who become entangled in the underwater turbine and auxiliary 
power cables could be electrocuted.
    In order to minimize the risk of a marine casualty, entanglement, 
or electrocution, the Coast Guard may propose regulatory action or, in 
the alternative, it may decide to take other actions outside of a 
regulatory act. The proposed regulatory action might consist of a 
regulated navigation area or safety zone. This option may look to 
prohibit anchoring, fishing, dredging, diving, surface or submarine 
scientific equipment, dragging, trawling, or any other activities that 
could pose the risk of a marine casualty or impact the underwater 
turbines. It is important to note that violations of these regulations 
may result in law enforcement action and liable a civil or criminal 
penalty.
    Potential non-regulatory actions that could be taken by the Coast 
Guard are routing measures that would amount to recommendations to the 
mariner of an area to be avoided or a precautionary area in which the 
mariner would have notice that they should avoid the area in order to 
reduce the risk of a marine casualty.
    This request invites public comment on the merits, advantages, and 
disadvantages of taking action to prohibit certain activities in the 
vicinity of the proposed tidal energy project. We are attempting to 
determine the scope of any safety concerns associated with vessel 
navigation in the area. We expect that information gathered during the 
comment period and public meetings will identify any problems and 
appropriate solutions. We will use your comments to evaluate if the 
Coast Guard will pursue action within a designated area of Cobscook 
Bay, ME and what activities should be excluded once these underwater 
turbines are installed.
    The Coast Guard is also interested in receiving comments and 
information about the current aids to navigation (ATON) configuration, 
proposed private aids to navigation (PATON) to mark the turbine 
generator units, and potential impacts associated with installation of 
an underwater cable assembly to transfer electricity to a power control 
and grid interface facility in Lubec, Maine.
    You may view documents prepared by the Coast Guard in our online 
docket, and comments submitted thus far by going to http://www.regulations.gov. Once there, insert ``USCG-2011-1162'' in the 
``Keyword'' box and click ``Search.'' You may also visit the Docket 
Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. We have an agreement with the Department of 
Transportation to use the Docket Management Facility.
    We encourage you to participate by submitting comments in writing. 
All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have 
provided.
    Comments must reach the Coast Guard on or before February 21, 2012. 
If you submit a comment online via http://www.regulations.gov, it will 
be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand delivery, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility.
    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

    Dated: January 20, 2012.
C.L. Roberge,
Captain, U.S. Coast Guard, Captain of the Port Sector Northern New 
England.
[FR Doc. 2012-2547 Filed 2-3-12; 8:45 am]
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