Notice2021-20749
Waterways Commerce Cutter Acquisition Program; Preparation of a Programmatic Environmental Impact Statement
Primary source
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Published
September 24, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The United States Coast Guard (Coast Guard), as the lead agency, announces the availability of the Draft Programmatic Environmental Impact Statement (PEIS) for the Waterways Commerce Cutter (WCC) Program's acquisition and operation of a planned 30 WCCs. This PEIS is being prepared in compliance with the National Environmental Policy Act (NEPA; and the regulations implemented by the Council on Environmental Quality (CEQ). The Coast Guard has determined that a PEIS is the most appropriate type of NEPA document for this action because of the scope and complexity of the proposed acquisition and operation of a planned 30 WCCs. This notice of availability (NOA) announces the start of the public review and comment period on this PEIS. After the Coast Guard addresses comments provided, Coast Guard will publish a final PEIS.
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[Federal Register Volume 86, Number 183 (Friday, September 24, 2021)]
[Notices]
[Pages 53086-53089]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20749]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket Number USCG-2021-0191]
Waterways Commerce Cutter Acquisition Program; Preparation of a
Programmatic Environmental Impact Statement
AGENCY: Coast Guard, DHS.
ACTION: Notice of Availability of a Draft Programmatic Environmental
Impact Statement; request for comments.
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SUMMARY: The United States Coast Guard (Coast Guard), as the lead
agency, announces the availability of the Draft Programmatic
Environmental Impact Statement (PEIS) for the Waterways Commerce Cutter
(WCC) Program's acquisition and operation of a planned 30 WCCs. This
PEIS is being prepared in compliance with the National Environmental
Policy Act (NEPA; and the regulations implemented by the Council on
Environmental Quality (CEQ). The Coast Guard has determined that a PEIS
is the most appropriate type of NEPA document for this action because
of the scope and complexity of the proposed acquisition and operation
of a planned 30 WCCs. This notice of availability (NOA) announces the
start of the public review and comment period on this PEIS. After the
Coast Guard addresses comments provided, Coast Guard will publish a
final PEIS.
DATES: Comments and related material must be post-marked or received by
the Coast Guard on or before November 8, 2021.
ADDRESSES:
Obtaining Documents: You may access the Draft PEIS from the Coast
Guard Office of Environmental Management web page at <a href="https://www.dcms.uscg.mil/Our-Organization/Assistant-Commandant-for-Engineering-Logistics-CG-4-/Program-Offices/Environmental-Management/Environmental-Planning-and-Historic-Preservation/">https://www.dcms.uscg.mil/Our-Organization/Assistant-Commandant-for-Engineering-Logistics-CG-4-/Program-Offices/Environmental-Management/Environmental-Planning-and-Historic-Preservation/</a>.
Submitting Comments: You may submit comments on the Draft PEIS by
one of the following methods:
<bullet> Via the Web: You may submit comments identified by docket
number USCG-2021-0191 using the Federal eRulemaking Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Scoping Process'' portion of the
SUPPLEMENTARY INFORMATION section for further instructions on
submitting comments.
<bullet> Via U.S. Mail: U.S. Coast Guard Headquarters, ATTN: LCDR
S. Krolman (CG-9327), 2703 Martin Luther King Jr Ave. SE, Stop 7800,
Washington DC 20593. Please note that mailed comments must be
postmarked on or before the comment deadline of 45 days following
publication of this notice to be considered.
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
FOR FURTHER INFORMATION CONTACT: For information about this document,
email <a href="/cdn-cgi/l/email-protection#7c342d2f512f313e513f3b512b1d08190e0b1d050f3f131111190e1f193f090808190e3c090f1f1b52111510"><span class="__cf_email__" data-cfemail="307861631d637d721d73771d675144554247514943735f5d5d5542535573454444554270454353571e5d595c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This NOA briefly summarizes the proposed
project, including the purpose and need and reasonable alternatives. As
required by NEPA and CEQ implementing regulations (40 CFR 1500-1508,
specifically Sec. 1502.3), a Federal agency must prepare an
Environmental Impact Statement (EIS) if it is proposing a major Federal
action to analyze the environmental consequences of implementing each
of the alternatives, if carried forward for full review following
public scoping, by assessing the effects of each alternative on the
natural and human environment. The Coast Guard
[[Page 53087]]
has determined that a PEIS is the most appropriate type of EIS for this
action because of the scope and complexity of the proposed acquisition
and operation of a planned 30 WCCs.
Purpose and Need for the Proposed Action
The Coast Guard has a statutory mission to establish, maintain, and
operate aids to navigation (ATON) in the Inland Waterways and Western
Rivers (IW&WR). The IW&WR includes the Gulf and Atlantic Intracoastal
Waterway (ICW); the Mississippi, Missouri, Alabama, Tennessee,
Columbia, and Ohio Rivers, their associated tributaries and other
connecting waterways; portions of the Alaska Inside Passage; portions
of the Great Lakes; and several other navigable waterways around the
United States. The 35 cutters and associated 27 barges that comprise
the existing inland tender fleet servicing the IW&WR are, on average,
more than 54 years old and all have significantly exceeded their design
service life of 30 years. There is no redundant vessel capability
within the Coast Guard, Department of Homeland Security (DHS), or other
government agencies. Without replacement of the existing inland tender
fleet, the Coast Guard could face an increasing risk of failure to
maintain the capability to execute its ATON mission and provide timely
ATON services in the IW&WR and other navigable waters around the United
States.
Due to obsolescence, hull limitations, and asset age, service life
extension and modernization efforts are increasingly difficult,
expensive to maintain, and cannot be justified. To maintain the Coast
Guard's vital inland waterways mission and continue to provide a
consistent and reliable presence in the IW&WR, the Coast Guard is
proposing to replace the existing aging inland tender fleet. WCCs would
be designed to replace the capabilities of the existing inland tender
fleet; therefore, the purpose of the Proposed Action is the acquisition
and operation of up to 30 WCCs to replace the capabilities of the
existing inland tender fleet, thereby enabling the safe navigation of
waters that support the nation's economy through maritime commerce
throughout the Marine Transportation System.
Proposed Action and Alternatives
Coast Guard has identified and analyzed three action alternatives
and the No Action Alternative in this PEIS for public review and
comment.
Proposed Action (Alternative 1, Preferred Alternative): Under the
Proposed Action, the Coast Guard would acquire and operate a planned 30
WCCs with design lives of 30 years to fulfill Aids to Navigation (ATON)
mission requirements in the proposed action areas in IW&WR, portions of
the Alaska Inside Passage; portions of the Great Lakes, and several
other navigable waterways around the United States.
Similar to the existing inland tender fleet's operations,
Alternative 1 would include vessel operations to establish, operate,
and maintain the lighted and unlighted buoys and beacons to maintain
the United States Visual ATON System. This mission contributes to
protecting national interests by ensuring safe and efficient flow of
commercial vessel traffic through our nation's waters. Although it is
expected that the WCCs, similar to the existing inland tender fleet,
would be capable of performing non-ATON missions such as Ports,
Waterways and Coastal Security; Search and Rescue; Marine Environmental
Protection; and Marine Safety, their primary focus would be on the ATON
mission.
Full operational capability would be achieved when all planned WCCs
have been produced and are operational. Coast Guard WCC operations and
training would occur after delivery of each WCC from the shipbuilder to
the Coast Guard. For example, the first WCC delivery to the Coast Guard
is expected in 2024 and the cutter would then be operational in 2025.
The last WCC is expected to be delivered and operational in 2032.
The Proposed Action would include WCC operation, maintenance, and
commissioning of up to 11 WCC construction class (WLIC) tenders to
replace the existing capabilities of 13 inland construction tenders; up
to 16 River Buoy class (WLR) tenders to replace the capabilities of the
river buoy tenders; and up to three Inland Buoy class (WLI) tenders to
replace the capabilities of the inland buoy tenders. Although there are
three classes proposed and design specifications are not final, the
design would maximize commonality between the three classes to reduce
sustainment costs, training needs, and other associated requirements.
The WLIC would be specifically designed for establishing and
replacing fixed ATON and would be equipped with impact and vibratory
pile driving and extraction equipment and spuds. The WLR and WLI would
have capability to deploy and retrieve buoy mooring equipment from the
seabed or riverbed using a water jet system that would also be equipped
to move buoys, and move and recover sinkers, chain, wire rope,
synthetic rope, and other materials without a crane.
All WCCs would have the ability to tow one vessel (of equivalent
displacement) in either a side tow or stern tow. Each WCC would also
have the capability to be towed by the bow, pushed ahead from the
stern, and towed alongside from either port or starboard. Vessels would
be towed according to specifications in the Cutter Towing Operations
Tactics, Techniques, and Procedures (CGTTP 3-91.15 issued March 2017).
All WCCs would also recover stray, stranded, and scrap buoys.
Vessel performance testing for a WCC would be similar to testing
conducted for the existing inland tender fleet. Scheduled maintenance
would likely occur within close proximity to each WCC's homeport;
however, the exact locations of all the homeports for all WCCs are not
known at this time.
Alternative 2, Reduced Acquisition of Coast Guard Owned and
Operated Systems: The Coast Guard would explore hybrid government and
contracted options for mission performance. Ship platforms would meet
similar technical specifications discussed in Alternative 1. Potential
scenarios could include: Contractor-owned (commercial entity funds ship
construction, overhaul and maintenance) and government-operated (Coast
Guard provides the personnel); government-owned (government funds ship
construction, overhaul and maintenance) and contractor-operated (a
commercial operating company provides the crew); or contractor-owned
and contractor-operated systems (Coast Guard provides neither platforms
nor personnel). Operations and training using WCCs acquired under
Alternative 2 are the same as for Alternative 1.
Alternative 3, Mixed Fleet: The mixed fleet solution would be a
combination of cutters and shore-based assets (including ATON team
units), electronic ATON, and contracted ATON services. To accomplish a
mixed fleet solution, additional Coast Guard ATON personnel and teams
would be required. To accommodate the additional ATON teams, existing
facilities would require expansion and construction of new shore based
facilities could be necessary. Use of electronic ATON instead of
physical ATON could also prove necessary. Operations and training using
WCCs acquired under Alternative 2 are the same as for Alternative 1.
No Action Alternative: The evaluation of a No Action Alternative is
required by the regulations implementing NEPA. Under the No Action
Alternative, the
[[Page 53088]]
Coast Guard would fulfill its statutory missions in the IW&WR using the
existing inland tender fleet. The existing assets would continue to
age, causing a decrease in efficiency of machinery as well as an
increased risk of equipment failure or damage, and would not be
considered reliable for immediate emergency response. In addition, it
would become more difficult for an ageing fleet to remain in compliance
with environmental laws and regulations and standards for safe
operation. Further Service Life Extensions become more challenging as
significant systems and parts are no longer available, which requires
contracting for systems or parts to be made specifically for the
vessel.
Summary of Expected Impacts
While the Coast Guard must work toward environmental compliance
during the design and acquisition of WCCs, each vessel is not expected
to impact the environment (biological, physical, or socioeconomic
resources) until it is operational and no significant impacts are
expected after vessels are operational. In addition, vessel
construction in commercial shipyards is not expected to impact any
physical or biological resources.
Although the total number of WCCs may be subject to change and all
three action alternatives being considered would all reduce the size of
the overall fleet, Congressional Authorization is for no more than 30.
As such, the PEIS analyzes the potential impact of the range of a
planned 30 WCCs, as this would be the highest number projected to be
operational in the Coast Guard's proposed action areas. Acoustic and
physical stressors associated with the Proposed Action may potentially
impact the physical and biological environment in the proposed action
areas. Potential acoustic stressors include: The fathometer and Doppler
speed log (navigation system), vessel noise, ATON signal noise, tool
noise, and pile driving noise. Potential physical stressors include:
Vessel movement, bottom disturbance, ground disturbance (removal of
brush), pile driving, unrecovered jet cone moorings, and ATON retrieval
devices and tow lines.
Since the WCC fleet would service a broad geographic area,
stressors associated with the Proposed Action are assessed to determine
if they potentially impact physical resources (including air quality,
ambient sound, bottom habitat and sediments, and water quality),
biological resources (including critical habitat), and socioeconomic
resources.
The PEIS evaluates the likelihood that a resource would be exposed
to or encounter a stressor and identifies the impact associated with
that exposure or encounter. The likelihood of an exposure or encounter
is based on the stressor, location, and timing relative to the spatial
and temporal distribution each biological resource or critical habitat.
No significant impacts to environmental resources were identified.
Anticipated Permits and Authorizations
The Proposed Action is programmatic and each WCC would have a
design service life of 30 years. As such, potential permits and
authorizations are identified in the PEIS. Certain approvals may be
completed as part of the PEIS, but specific permits and authorizations
under the laws listed below would be determined through consultations
with the appropriate regulatory agencies, and would not necessarily be
issued until a WCC is operational in a specific geographic area.
Implementation of all alternatives would ultimately require compliance
with the following laws and regulations through issuance of permits
and/or authorizations:
The Coastal Zone Management Act (16 U.S.C 1451 et seq.) was enacted
to protect the coastal environment from demands associated with
residential, recreational, and commercial uses. The Coast Guard would
determine the impact of the Proposed Action and provide a Coastal
Consistency Determination or Negative Determination to the appropriate
state agency for anticipated concurrence once the homeports are
selected for the WCCs.
The Endangered Species Act (ESA) of 1973 (16 U.S.C 1531 et seq.)
provides for the conservation of endangered and threatened species and
the ecosystems on which they depend. The Coast Guard completed an ESA
Section 7 and Essential Fish Habitat consultation with NMFS on the U.S.
Coast Guard Federal Aids to Navigation Program, finalized on April 19,
2018. Any information provided in the PEIS includes WCC support of
ATONs, only as it pertains to the Proposed Action and any determination
provided in the PEIS is consistent with the findings in the National
Marine Fisheries Service (NMFS) Biological Opinion. Any determinations
provided in this PEIS for species not included in the NMFS Biological
Opinion or for those species that are under the jurisdiction of the
U.S. Fish and Wildlife Service (USFWS), should be considered
preliminary. The Coast Guard anticipates consulting under Section 7 of
the ESA with the appropriate NMFS and the USFWS offices that have
jurisdiction over the species (50 CFR 402.14(a)).
The Marine Mammal Protection Act (MMPA; 16 U.S.C 1361 et seq.)
established, with limited exceptions, a moratorium on the ``taking'' of
marine mammals in waters or on lands under U.S. jurisdiction, and on
the High Seas by vessels or persons under U.S. jurisdiction. The MMPA
further regulates ``takes'' of marine mammals in U.S. waters and by
U.S. citizens on the High Seas. The term ``take,'' as defined in
Section 3 (16 U.S.C. 1362) of the MMPA, means ``to harass, hunt,
capture, or kill, or attempt to harass, hunt, capture, or kill any
marine mammal''. ``Harassment'' was further defined in the 1994
amendments to the MMPA as any act of pursuit, torment, or annoyance
which (i) has the potential to injure a marine mammal or marine mammal
stock in the wild (that is, Level A Harassment); or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering (that is, Level B Harassment). Where appropriate, the Coast
Guard anticipates requesting a Letter of Authorization to ``take''
marine mammals, defined as Level B harassment.
The National Historic Preservation Act (NHPA; 16 U.S.C. 470, et
seq.), Section 106, requires that each federal agency identify and
assess the effects its actions may have on historic properties,
including potential effects on historic structures, archaeological
resources, and tribal resources eligible for or listed on the National
Register of Historic Places. The Coast Guard would determine if any
historic resources are present in the project area, evaluate the
potential for the proposed action to adversely affect these resources,
and consult with the appropriate state agency and any interested or
affected Tribes to resolve any adverse effects by developing and
evaluating alternatives or measures that could avoid, minimize, or
mitigate impacts.
The Clean Air Act (42 U.S.C. 7401, et seq.) regulates emissions
from both stationary (industrial) sources and mobile sources. The Coast
Guard would evaluate the potential for increased emissions during
proposed action activities to determine if the emissions would be in
conformity with the State Implementation Plan for attainment of
National Ambient Air Quality Standards.
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Schedule for the Decision-Making Process
Following the comment period announced in this Notice of
Availability, and after consideration of all comments received, Coast
Guard would prepare a Final PEIS for the acquisition and operation of a
planned 30 WCCs. In meeting CEQ regulations requiring EISs to be
completed within 2 years the Coast Guard anticipates the Final PEIS
would be available in 2022. Availability of the Final PEIS would be
published in the Federal Register and would be available for a 30-day
waiting period. Because new information may become available after the
completion of the Draft or Final PEIS, supplemental NEPA documentation
may be prepared in support of new information or changes in the
Proposed Action considered under the PEIS.
Public Scoping Process
The Coast Guard is seeking comments on the potential environmental
impacts that may result from the Proposed Action or preliminary
Alternatives. The Coast Guard is also seeking input on relevant
information, studies, or analyses of any kind concerning impacts
potentially affecting the quality of the human environment as a result
of the Proposed Action. NEPA requires federal agencies to consider
environmental impacts that may result from a Proposed Action, to inform
the public of potential impacts and alternatives, and to facilitate
public involvement in the assessment process. The PEIS includes, among
other topics, discussions of the purpose and need for the Proposed
Action, a description of alternatives, a description of the affected
environment, and an evaluation of the environmental impact of the
Proposed Action and alternatives.
The Coast Guard intends to follow the CEQ regulations implementing
the NEPA (40 CFR 1500-1508) by scoping through public comments.
Scoping, which is integral to the process for implementing NEPA,
provides a process to ensure that (1) issues are identified early and
properly studied; (2) issues of little significance do not consume
substantial time and effort; (3) the draft PEIS is thorough and
balanced; and (4) delays caused by an inadequate PEIS are avoided.
Public scoping is a process for determining the scope of issues to
be addressed in this PEIS and for identifying the issues related to the
Proposed Action that may have a significant effect on the environment.
The scoping process began with publication of the Notice of Intent to
prepare the PEIS, published April 19, 2021 (86 FR 20376). The Coast
Guard received two comments during the 45-day public scoping period
that began April 27, 2021 and ended June 11, 2021. In this Notice of
Availability, the Coast Guard is providing the public with the
opportunity to comment on the Draft PEIS. After Coast Guard considers
those comments, the Final PEIS will be prepared and its availability
similarly announced to solicit public review and comment. Comments
received during the Draft PEIS review period will be available in the
public docket and made available in the Final PEIS.
Pursuant to the CEQ regulations, Coast Guard invites public
participation in the NEPA process. This notice requests public
comments, establishes a public comment period, and provides information
on how to participate.
The 45-day public comment period begins September 24, 2021 and ends
November 8, 2021. Comments and related material submitted to the online
docket via <a href="https://www.regulations.gov/">https://www.regulations.gov/</a> must be received by the Coast
Guard on or before November 11, 2021, and mailed submission, must be
postmarked on or before that same date.
The Coast Guard encourages comments submitted through the Federal
Decision-Making portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, using the search
function for Waterways Commerce Cutter or by docket number. If your
material cannot be submitted using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, contact
U.S. Coast Guard Headquarters, ATTN: LCDR S. Krolman (CG-9327), 2703
Martin Luther King Jr. Ave. SE, Stop 7800, Washington, DC 20593-7800 or
Coast Guard at <a href="/cdn-cgi/l/email-protection#db938a88f6889699f6989cf68cbaafbea9acbaa2a898b4b6b6bea9b8be98aeafafbea99baea8b8bcf5b6b2b7"><span class="__cf_email__" data-cfemail="89c1d8daa4dac4cba4cacea4dee8fdecfbfee8f0facae6e4e4ecfbeaeccafcfdfdecfbc9fcfaeaeea7e4e0e5">[email protected]</span></a>. A phone
message may be left at 202-475-3104.
In submissions, please include the docket number for this Notice of
Availability and provide reasoning for comments. We will consider all
substantive and relevant comments received during the comment period.
We review all comments received, but we will only post comments that
address the topic of the notice. We may choose not to post off-topic,
inappropriate, or duplicate comments that we receive.
We accept anonymous comments. Comments received in response to this
solicitation, including names and addresses of those who comment, will
be part of the public record for this Proposed Action. Comments we post
to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal information
you have provided. For more about privacy and submissions in response
to this document, see DHS's eRulemaking System of Records notice (85 FR
14226, March 11, 2020).
Documents mentioned in this Notice of Availability as being
available in the docket, and posted public comments, will be in the
online docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> and can be viewed by
following that website's instructions.
Dated: September 17, 2021.
Aileen Sedmak,
Waterways Commerce Cutter Program Manager.
[FR Doc. 2021-20749 Filed 9-23-21; 8:45 am]
BILLING CODE 9110-04-P
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