[Federal Register Volume 85, Number 102 (Wednesday, May 27, 2020)]
[Notices]
[Pages 31792-31796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11262]


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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.

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SUMMARY: The United States Coast Guard (USCG) announces the completion 
of The Areas Offshore of Massachusetts and Rhode Island Port Access 
Route Study. The study focused on the seven adjacent leased areas of 
the outer continental shelf south of Martha's Vineyard, Massachusetts, 
and east of Rhode Island that together constitute the Massachusetts/
Rhode Island Wind Energy Area (MA/RI WEA). The study was conducted to 
(1) determine what, if any, navigational safety concerns exist with 
vessel transits in the study area; (2) determine whether to recommend 
changes to enhance navigational safety by examining existing shipping 
routes and waterway uses as any or all of the lease areas within the 
MA/RI WEA are partially or fully developed as wind farms; and (3) to 
evaluate the need for establishing vessel routing measures. This notice 
summarizes the study's recommendations.

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].

I. Table of Abbreviations

AIS Automatic Identification System
BOEM Bureau of Ocean Energy Management
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MARIPARS Massachusetts and Rhode Island Port Access Route Study

[[Page 31793]]

MA/RI WEA Massachusetts/Rhode Island Wind Energy Area
NEPA National Environmental Policy Act
NM Nautical Mile
NMFS National Marine Fisheries Service
OCS Outer Continental Shelf
PARS Port Access Route Study
PWSA Ports and Waterways Safety Act
TSS Traffic Separation Scheme
U.S. United States
U.S.C. United States Code
USCG United States Coast Guard
WEA Wind Energy Area
WTG Wind Turbine Generator

II. Background and Purpose

When did the USCG conduct this Port Access Route Study (PARS)?

    We conducted this PARS following our announcement of the PARS in a 
notice published in the Federal Register on March 26, 2019 (84 FR 
11314).
    There was a 60-day public comment period, and USCG convened three 
public meetings (in Massachusetts, Rhode Island, and New York) to 
receive public input. The USCG received 30 comments in response to our 
Federal Register Notice, public meetings and other outreach efforts 
which included announcement via a Marine Safety Information Bulletin 
(MSIB), publication in the Local Notice to Mariners (LNM), and Twitter 
posts.
    On January 29, 2020, we published a Notice of availability of draft 
report; request for comments entitled ``Port Access Route Study (PARS): 
The Areas Offshore of Massachusetts and Rhode Island'' in the Federal 
Register (85 FR 5222) announcing the availability of the draft version 
of the study report.
    During the 45-day public comment period, the USCG received 48 
comments in response to our Federal Register Notice and other outreach 
which included announcement via a Marine Safety Information Bulletin 
(MSIB), publication in the Local Notice to Mariners (LNM), and Twitter 
posts. 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.
    Comments have been summarized in section III.

What is the study area?

    The study area is described as an area bounded by a line connecting 
the following geographic positions:

 41[deg]20' N, 070[deg]00' W
 40[deg]35' N, 070[deg]00' W
 40[deg]35' N, 071[deg]15' W
 41[deg]20' N, 071[deg]15' W

[[Page 31794]]

[GRAPHIC] [TIFF OMITTED] TN27MY20.000

Why did the USCG conduct this PARS?

    The topic of safe navigation routes to facilitate vessel transits 
through the MA/RI WEA has been considered since at least May of 2018, 
when the USCG first invited developers to discuss the issue. At various 
subsequent meetings throughout southeastern New England, which included 
participation by the USCG, other federal, state, and local agencies, 
fishing industry representatives, and myriad stakeholders, various 
vessel transit layout plans were proposed. After a consensus among all 
stakeholders could not be reached, the USCG concluded that a PARS 
should be conducted to determine the best possible alternative for 
potentially seven distinct offshore renewable energy installations 
(``wind farms'') which could be constructed, each with its own number, 
size, type of wind turbines, and distinct turbine layout.

[[Page 31795]]

    PARS are conducted anytime the USCG considers a need to recommend 
routing changes, within the territorial seas, for any port. The Ports 
and Waterways Safety Act (PWSA) requires the USCG to conduct a study 
before establishing new or adjusting existing fairways or TSS. U.S. 
waterways support multiple uses, such as commercial shipping, tug and 
barge operations, commercial and recreational fishing, research 
vessels, offshore support vessels, military vessels, and aquaculture 
apparatus. A PARS is a study, not a rulemaking. The USCG does not plan 
a related rulemaking provided that the MA/RI WEA turbine layout is 
developed along a standard and uniform grid pattern.

How did the USCG conduct this PARS?

    The PARS was conducted in alignment with guidance outlined in USCG 
Commandant Instruction 16003.2B, Marine Planning to Operate and 
Maintain the Marine Transportation System (MTS) and Implement National 
Policy which is available in the docket or see https://media.defense.gov/2017/Mar/15/2001716995/-1/-1/0/CI_16003_2A.PDF.

What is the goal of the study?

    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 USCG has undertaken measures to (1) determine 
what, if any, navigational safety concerns exist with vessel transits 
in the study area; (2) determine whether to recommend changes to 
enhance navigational safety by examining existing shipping routes and 
waterway uses as any or all of the lease areas within the MA/RI WEA are 
partially or fully developed as wind farms; and (3) evaluate the need 
for establishing vessel routing measures.

III. Discussion of Comments

    A total of 48 comments on the draft version of the final report 
were submitted by representatives of the maritime community, wind 
energy developers, non-governmental organizations, federal and state 
governmental agencies, and private citizens. Twenty three of the 
comments are considered to be in support of the recommendations, while 
sixteen of the comments were considered to be opposed to the 
recommendations and nine of the comments were considered to be neutral.
    Comments covered many topics, but a number of commenters with 
specific concerns focused their comments on navigation corridors, radar 
interference with a request for additional studies, and cost benefit 
analysis or economic analysis. The substance of those comments is 
covered below. Other comments received are more appropriate for the 
offshore wind NEPA process as USCG provides BOEM with a navigation 
safety recommendation for each project. Comments not related to the 
subject of the draft report are not covered in this notice.

Navigation Corridors

    Various comments were received concerning navigation corridors. 
Although the majority of commenters agreed with our recommendation for 
a standard and uniform grid pattern with 1 NM spacing between WTGs 
across the entire WEA, others disagreed and supported larger 2 NM to 4 
NM corridors to serve as clear lanes for vessels to transit within the 
WEA. Although these larger navigation corridors may appear to provide 
more area for navigation, they actually provide far less area than the 
numerous corridors that result from the recommended array and spacing. 
Additionally, the project developers have made clear that larger 
corridors, even though fewer in number, would result in reduced WTG 
spacing for the WEA. Because the reduced turbine spacing makes 
navigation more challenging, most traffic would then be funneled into 
the corridors thereby increasing traffic density and risks for vessel 
interaction. Furthermore, the recommended standard and uniform grid 
pattern provide sufficient space for certain vessels that fish in the 
WEA to continue fishing after the wind farms are constructed. If the 
WEA provided several larger corridors as some commenters proposed, the 
reduced turbine spacing would largely preclude fishing in the WEA, an 
area of almost 1400 square miles.
    For these reasons, the USCG has determined that if the MA/RI WEA 
turbine layout is developed along a standard and uniform grid pattern, 
formal or informal vessel routing measures would not be required as 
such a grid pattern will result in the functional equivalent of 
numerous navigation corridors that can safety accommodate both transits 
through and fishing within the WEA. While these navigation corridors 
would be smaller than those suggested by some commenters, the USCG 
believes they should be sufficient to maintain navigational safety and 
provide vessels with multiple straight-line options to transit safely 
throughout the MA/RI WEA.

Radar Interference and Additional Studies

    Some commenters expressed their concerns about possible radar 
interference while transiting within the WEA and said the Coast Guard 
should conduct additional studies before making final recommendations 
for the MARIPARS. There are, however, no wind farms in U.S. waters with 
a sufficient number and arrangement of turbines to conduct such a 
study. As the Block Island wind farm is a single line of five turbines 
spaced approximately 0.5 NM apart, it does not provide the turbine 
array needed to conduct such a study. The USCG has reviewed all 
available studies on radar interference and found that although these 
studies show that structures may have some effect upon radar, as 
discussed in the MARIPARS report, they do not render radar inoperable 
and do not inform planning decisions about turbine arrangement or 
spacing.
    Coast Guard vessels and aircraft that will operate in the WEA also 
rely upon radar for safe navigation, collision avoidance and maritime 
situational awareness. Although the Coast Guard is confident that by 
following principles of prudent seamanship and utilizing all available 
bridge resources, including AIS, vessels can safely navigate through 
the WEA in most weather conditions, it will continue to evaluate 
operational effectiveness within wind farms as they are being 
developed. Additionally, the USCG will remain a participating member of 
the Wind Turbine Radar Interference Working Group which will continue 
to evaluate WTG impacts to marine radar and will recommend mitigation 
strategies through the BOEM leasing process as necessary.

Cost Benefit Analysis or Economic Analysis

    The USCG received comments requesting we conduct a cost benefit 
analysis or economic analysis. The purpose of the MARIPARS was 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 become partially or fully developed as wind farms. In conducting 
the MARIPARS, the USCG considered traditional uses of the waterway and 
related economic impacts, as well as the economic impacts related to 
its recommendations on routing measures on wind farm development in the 
MA/RI WEA. While these economic impacts were addressed in some areas of 
the MARIPARS, the purpose of such limited examination was twofold: (1) 
To address how

[[Page 31796]]

economic issues might impact behaviors with regards to safe navigation 
and (2) to find a balanced solution for navigation concerns that 
addresses both the proposed uses of the waterway and the traditional 
uses of the waterway.
    As MARIPARS is merely a study for the purpose of making 
recommendations, and not a regulatory action through which the Coast 
Guard is imposing a cost or other burden upon the public, the Coast 
Guard cannot complete such a study at this time. If, however, the Coast 
Guard were to later determine that it should take regulatory measures 
as a result of this study, it would then evaluate the economic aspects 
of the proposed regulatory activity as part of the rulemaking process.

IV. Study Recommendations

    The recommendations of this PARS are primarily based on the 
comments received to the docket, public outreach, and consultation with 
other government agencies. The MARIPARS evaluated several concerns that 
resulted in the following recommendations:
    A. That the MA/RI WEA's turbine layout be developed along a 
standard and uniform grid pattern with at least three lines of 
orientation and standard spacing to accommodate vessel transits, 
traditional fishing operations, and search and rescue operations, 
throughout the MA/RI WEA. The adoption of a standard and uniform grid 
pattern through BOEM's approval process will likely eliminate the need 
for the USCG to pursue formal or informal routing measures within the 
MA/RI WEA at this time.
    1. Lanes for vessel transit should be oriented in a northwest to 
southeast direction, 0.6 NM to 0.8 NM wide. This width will allow 
vessels the ability to maneuver in accordance with the COLREGS while 
transiting through the MA/RI WEA.
    2. Lanes for commercial fishing vessels actively engaged in fishing 
should be oriented in an east to west direction, 1 NM wide.
    3. Lanes for USCG search and rescue operations should be oriented 
in a north to south and east to west direction, 1 NM wide. This will 
ensure two lines of orientation for USCG helicopters to conduct search 
and rescue operations.
    In the event that subsequent MA/RI WEA project proposals diverge 
from a standard and uniform grid pattern approved in previous projects, 
the USCG will revisit the need for informal and formal measures to 
preserve safe, efficient navigation and SAR operations.
    B. That mariners transiting in or near the MA/RI WEA should use 
extra caution, ensure proper watch and assess all risk factors. 
Offshore renewable energy installations present new challenges to safe 
navigation, but proper voyage planning and access to relevant safety 
information should ensure that safety is not compromised.
    In general, mariners transiting through this WEA should make a 
careful assessment of all factors associated with their voyage. These 
factors at a minimum should include;
    (1) The operator's experience and condition with regard to fitness 
and rest.
    (2) The vessels characteristics, which should include the size, 
maneuverability, and sea keeping ability. The overall reliable and 
operational material condition of propulsion, steering, and 
navigational equipment.
    (3) Weather conditions--both current and predicted including sea 
state and visibility.
    (4) Voyage planning to include up-to-date information regarding the 
positions of completed wind towers or wind towers under construction 
and their associated construction vessels. A great deal of 
consideration should also be given to whether the transit will be 
conducted during day or night.

V. Summary of Changes

    No substantive changes were made to the report as a result of the 
comment period. Only minor editorial changes were made to the report.

VI. Future Actions

    The USCG will continue to serve as a NEPA cooperating agency to 
BOEM's environmental review of each proposed project. In that role, the 
USCG will evaluate the navigational safety risks of each proposal on a 
case-by-case basis.
    The First Coast Guard District actively monitors all waterways 
subject to its jurisdiction to ensure navigation safety and will 
continue to monitor the areas offshore of Massachusetts and Rhode 
Island for evolving conditions, which may require additional studies to 
ensure navigational safety and minimize impacts to USCG operations.
    The final report is available for viewing and download from the 
Federal Register docket at http://www.regulations.gov or the USCG 
Navigation Center website at https://www.navcen.uscg.gov/?pageName=PARSReports.
    This notice is published under the authority of 46 U.S.C. 70003, 
70004 and 5 U.S.C. 552(a).

    Dated: May 14, 2020.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2020-11262 Filed 5-26-20; 8:45 am]
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