[Federal Register Volume 85, Number 19 (Wednesday, January 29, 2020)]
[Notices]
[Pages 5222-5224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01522]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2019-0131]


Port Access Route Study: The Areas Offshore of Massachusetts and 
Rhode Island

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability of draft report; request for comments.

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SUMMARY: From March 26, 2019 through December 15, 2019, the Coast Guard 
conducted The Areas Offshore of Massachusetts and Rhode Island Port 
Access Route Study and is now requesting your comments on a draft 
version of the study report. The goal of the study is to enhance 
navigational safety in the study area by examining existing shipping 
routes and waterway uses. To accomplish this goal, the Coast Guard has 
undertaken measures to determine what, if any, navigational safety 
concerns currently exist with vessel transits, examine existing 
shipping routes and waterway uses, and evaluate the need for 
establishing vessel routing measures in light of current and 
anticipated future demands associated with offshore wind leases in the 
Massachusetts and Rhode Island Wind Energy Area. A draft version of the 
report is available in the docket for viewing. We seek your comments on 
the content and development of the report.

[[Page 5223]]


DATES: Your comments and related material must reach the Coast Guard on 
or before March 16, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0131 using the Federal portal at https://www.regulations.gov. See 
the ``Public Participation and Request for Comments'' portion of the 
SUPPLEMENTARY INFORMATION section for further instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
contact Mr. Craig Lapiejko, Waterways Management at First Coast Guard 
District, telephone (617) 223-8351, 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
NEPA National Environmental Policy Act
OCS Outer Continental Shelf
PARS Port Access Route Study
U.S.C. United States Code
NM Nautical Mile
NMFS National Marine Fisheries Service
TSS Traffic Separation Scheme
WEA Wind Energy Area
WTGs Wind Turbine Generators

II. Background and Purpose

    BOEM has leased seven adjacent areas of the OCS south of Martha's 
Vineyard and east of Rhode Island that together constitute the MA/RI 
WEA. Potentially seven distinct offshore renewable energy installations 
(``wind farms'') could be constructed, each with its own number, size, 
type of wind turbines, and distinct turbine layout. The topic of safe 
navigation routes to facilitate vessel transit through the MA/RI WEA 
has been discussed at various forums throughout southeastern New 
England. The forums have included participation by the Coast Guard, 
other federal, state, and local agencies, fishing industry 
representatives, and myriad stakeholders. Various different transit 
plans have been proposed through these different forums in which no 
consensus of all stakeholders was reached.
    In response, on March 26, 2019, the Coast Guard published a Notice 
of Study and public meetings; request for comments entitled ``Port 
Access Route Study (PARS): The Areas Offshore of Massachusetts and 
Rhode Island'' in the Federal Register (84 FR 11314) to determine what 
routing measures, if any, may be necessary for navigation safety should 
any or all of the lease areas within the MA/RI WEA be partially or 
fully developed as wind farms. This undertaking is required by 46 
U.S.C. 70003, which calls for the Coast Guard to conduct a port access 
route study prior to establishing fairways or traffic separation 
schemes (TSSs).
    On April 10, 2019, we published a Notice of Public Meeting; request 
for comments entitled ``Port Access Route Study (PARS): The Areas 
Offshore of Massachusetts and Rhode Island'' in the Federal Register 
(84 FR 11384) announcing an additional public meeting to be held in 
Montauk, NY.
    The public was afforded a 60-day comment period, and three public 
meetings were held (in Massachusetts, Rhode Island, and New York) to 
receive public input. The Coast Guard received 30 comments in response 
to our Federal Register Notice, public meetings and other outreach 
efforts. All comments and supporting documents are available in a 
public docket and can be viewed at http://www.regulations.gov. In the 
``Search'' box insert ``USCG-2019-0131'' and click ``Search.'' Click 
the ``Open Docket Folder'' in the ``Actions'' column. In addition to a 
discussion of the comments in section III of this notice, a synopsis of 
the comments is contained in Appendix E of the report.
    In August 2019, after public comment closed, the Coast Guard 
released Navigation Vessel Inspection Circular (NVIC) 01-19 GUIDANCE ON 
THE COAST GUARD'S ROLES AND RESPONSIBILITIES FOR OFFSHORE RENEWABLE 
ENERGY INSTALLATIONS (OREI). NVIC 01-19 provides further guidance to 
Coast Guard units and external stakeholders on factors the Coast Guard 
considers when evaluating risk in OREI. (Available in the docket 
folder)
    In October 2019 two meetings occurred at the request of wind 
developers with interests in the MARIPARS study area. The first of 
those meetings occurred on October 9, 2019 at Coast Guard Headquarters 
in Washington, DC, and was attended by members of Coast Guard 
Headquarters staff, BOEM staff and representatives from the wind 
developers. During that meeting the developers presented a report that 
outlined a 1 NM by 1 NM uniform grid for turbine installation across 
all seven lease areas on a north to south and east to west orientation. 
A second meeting was held on October 17, 2019 at the First Coast Guard 
District in Boston, MA attended by Coast Guard Headquarters staff, 
First District Staff, Sector Southeastern New England staff, BOEM staff 
and wind developers discussing the same proposal. On November 1, 2019 
the wind developers submitted a finalized version of their proposal to 
Coast Guard Headquarters requesting it be considered in the MARIPARS. 
(Available in the docket folder)
    On January 3, 2020 the Responsible Offshore Development Alliance 
submitted a letter proposal to the Coast Guard, BOEM and NMFS 
addressing the developer letter dated November 1, 2019. That proposal 
supports the 1 NM by 1 NM uniform grid and suggests six additional 
transit lane corridors 4 NM wide. (Available in the docket folder)
    The Coast Guard is a cooperating agency in BOEM's review process 
and has no legal authority to direct placement or orientation of wind 
turbines. The Coast Guard is opening this second MARIPARS comment 
period to facilitate transparent public discussions on the information 
above as well as the draft report findings to date.

III. Discussion of Comments

    Comments were submitted by representatives of the maritime 
community, wind energy developers, non-governmental organizations, 
Federal and State governmental agencies, and private citizens.
    Topics covered by the comments included the support for some type 
of designated navigation corridors of varying width and those opposed 
to any type of navigation corridors, concerns about Search and Rescue 
(SAR) within the WEA, review of a report of an allision between a 
vessel operating within a European wind farm and a wind turbine, 
potential for interference of marine radar, and concerns for wildlife 
conservation to include impacts to right whales.

Navigation Corridors

    Various comments were received concerning navigation corridors. 
Some commenters said navigation corridors were not necessary, whereas 
others said they were essential to preserve clear lanes for vessels to 
transit. Prior to the lease and construction of these wind farms--each 
with its own number, size, type of wind turbines, and distinct array 
layout there was no need for a coordinated routing system through the 
study area. The draft MARIPARS report reveals that navigation corridors 
could be useful to reduce risks to navigation and the environment but 
ultimately recommends that if the MA/RI WEA turbine layout is developed 
along a standard and uniform grid pattern, standard vessel routing 
measures would not be required.

[[Page 5224]]

Search and Rescue

    Several comments expressed concerns about the Coast Guard's ability 
to conduct effective search-and-rescue (SAR) operations within a wind 
farm. The Coast Guard has had similar concerns and believe we have 
addresses these in Section III.J. of the draft report. Ultimately, the 
Coast Guard recommends that if the MA/RI WEA turbine layout is 
developed along a standard and uniform grid pattern with at least three 
lines of orientation and standard spacing that this will help minimize 
the risk to SAR operations within the MA/RI WEA.

Review Report on an Allision Between a Vessel and Wind Turbine

    Some commenters urged the Coast Guard to review a report on an 
allision between a vessel navigating within a European wind farm and an 
unlit wind turbine. We did review the report and address it in Section 
III.H.6. of the draft report. In March 2019, marineinsight.com reported 
about a 2012 incident. An accident investigation was conducted by the 
United Kingdom's Maritime and Coast Guard Agency (MCA) Marine Accident 
Investigation Board (MAIB). The MCA found the vessel's master at fault 
due to several contributing factors: Operating in 30 knot winds, in 
heavy seas, driving rain, at night, with excessive speed, and all 
without a proper lookout.

Radar Interference

    Some commenters expressed their concerns about possible radar 
interference while transiting within the WEA. We address these comments 
in Section III.H.6. of the draft report were we discuss our review of 
several studies that address correlations between wind turbines and 
marine radar interference. To date, the USCG is not aware of an 
authoritative scientific study that confirms or refutes the concern 
that WTGs will degrade marine radar.

Wildlife Conservation and Protection of Right Whales

    The Coast Guard received a comment requesting we consider vessel 
speeds in our evaluation of potential navigation routes, as cavitation 
and noise there from may adversely impact right whales. The Coast Guard 
will continue to consult with the National Oceanic and Atmospheric 
Administration, interagency partners and other stakeholders through the 
National Environmental Policy Act (NEPA) and marine planning processes 
as a necessary part of any action to formally establish routing 
measures associated with this or any other wind farm proposal.

IV. Information Requested

    Do you agree or disagree with the draft report's recommendations, 
and if so, why?

V. Public Participation and Request for Comments

    We encourage you to comment on the content and development of the 
report.
    A. Submitting Comments: To submit your comment online, go to http://www.regulations.gov, and insert ``USCG-2019-0131'' in the ``search 
box.'' Click ``Search''. Then click ``Comment Now.''
    We accept anonymous comments. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided.
    We will consider all comments and material received during the 
comment period.
    B. Viewing the comments and documents: To view the comments and 
documents mentioned in this preamble as being available in the docket, 
go to http://www.regulations.gov, click on the ``read comments'' box, 
which will then become highlighted in blue. In the ``Keyword'' box 
insert ``USCG-2019-0131'' and click ``Search.'' Click the ``Open Docket 
Folder'' in the ``Actions'' column.
    C. Privacy Act: 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, system of records notice regarding our public dockets in 
the January 17, 2008, issue of the Federal Register (73 FR 3316) 
https://www.federalregister.gov/documents/2008/01/17/E8-785/privacy-act-of-1974-system-of-records.

VI. Future Actions

    Any comments received will be reviewed and considered before a 
final version of the MARIPARS is announced in the Federal Register.
    This notice is published under the authority of 46 U.S.C. 70004 and 
5 U.S.C. 552(a).

    Dated: January 22, 2020.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2020-01522 Filed 1-28-20; 8:45 am]
BILLING CODE 9110-04-P