[Federal Register Volume 86, Number 73 (Monday, April 19, 2021)]
[Notices]
[Pages 20376-20379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07969]


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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 intent to prepare a Programmatic Environmental Impact 
Statement (PEIS); notice of virtual public meeting; and request for 
comments.

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SUMMARY: The United States Coast Guard (Coast Guard), as the lead 
agency, announces its intent to prepare a Programmatic Environmental 
Impact Statement (PEIS) for the Waterways Commerce Cutter (WCC) 
Program's acquisition and operation of up to 30 WCCs. The Coast Guard 
has determined that a PEIS is the most appropriate type of National 
Environmental Policy Act document for this action because of the scope 
and complexity of the proposed acquisition and operation of up to 30 
WCCs. Notice is hereby given that the public scoping process has begun 
for the preparation of a PEIS that will address the reasonable 
alternatives and potential environmental impacts associated with 
implementing the Proposed Action. The scoping process solicits public 
comments regarding the range of issues, information, and analyses 
relevant to the Proposed Action, including potential environmental 
impacts and reasonable alternatives to address in the PEIS. Your 
comments may cause a change in the scope of the PEIS.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 11th, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0191 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation'' portion of the 
SUPPLEMENTARY INFORMATION section for further instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: For information about this document, 
email HQS-SMB-CG-WaterwaysCommerceCutter@uscg.mil.

SUPPLEMENTARY INFORMATION: This Notice of Intent briefly summarizes the 
proposed project, including the purpose and need and possible 
alternatives. As required by the National Environmental Policy Act of 
1969 (NEPA) and Council on Environmental Quality (CEQ) implementing 
regulations (40 CFR 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 
human environment. The Coast Guard 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 up to 30 WCCs.

Abbreviations

ATON Aids to Navigation
AUTEC Atlantic Undersea Test and Evaluation Center
CEQ Council on Environmental Quality
CFR Code of Federal Regulations
DHS Department of Homeland Security
EIS Environmental Impact Statement
ESA Endangered Species Act
FR Federal Register
GoMEX Gulf of Mexico
ICW Intracoastal Waterway
IW&WR Inland Waterways and Western Rivers
MBTA Migratory Bird Treaty Act
MMPA Marine Mammal Protection Act
NEPA National Environmental Policy Act
nm nautical miles
PEIS Programmatic Environmental Impact Statement
PNW Pacific Northwest
SEAK Southeast Alaska
U.S.C. United States Code
WCC Waterways Commerce Cutter
WLI WCC inland buoy tenders
WLIC WCC inland construction tenders
WLR WCC river buoy tenders
USEC-MidATL U.S. East Coast Mid-Atlantic
USEC-South U.S. East Coast-South

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 current 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 current 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 current aging tender fleet. WCCs would be 
designed to replace the

[[Page 20377]]

capabilities of the existing inland fleet; therefore, the purpose of 
the Proposed Action is the acquisition and operation of up to 30 WCCs 
to replace the capabilities of the current inland tender fleet, thereby 
enabling the safe navigation of waters that support the nation's 
economy through maritime commerce throughout the Marine Transportation 
System.

Preliminary Proposed Action and Alternatives

    Coast Guard has identified a proposed action and preliminary 
alternatives for potential consideration in the draft EIS. Both a no-
action and several preliminary action alternatives are presented for 
consideration for public review and comment. Six proposed action areas 
that the WCCs would support have been identified.
    (1) The U.S. East Coast Mid-Atlantic (USEC-MidATL) proposed action 
area includes state and territorial waters extending 12 nautical miles 
(nm; 19 kilometers [km]) from New Jersey (where it borders with New 
York) to the border of North Carolina (where it borders with South 
Carolina) and also extends into certain inland waterways.
    (2) The U.S. East Coast-South (USEC-South), including Florida and 
the Bahamas proposed action area includes state and territorial waters 
extending 12 nm (19 km) from South Carolina (where it borders with 
North Carolina) to Florida (where it borders with Alabama) and extends 
to the Florida Keys and Dry Tortugas off the southwest coast of 
Florida. This proposed action area also includes inland waterways, such 
as the St John's River and the Caloosahatchee River and the Department 
of Defense-owned ATON near the Atlantic Undersea Test and Evaluation 
Center (AUTEC) in the Bahamas.
    (3) The Great Lakes proposed action area includes waters off 
northern Michigan to the border between the United States and Canada. 
This proposed action area includes the northern portion of Lake 
Michigan extending into St. Mary's River, Munuscong Lake, and Lake 
Nicolet. Of note, no oceanic waters are part of the Great Lakes 
proposed action area.
    (4) The Gulf of Mexico and U.S. Inland States, including the 
Mississippi River and its Tributaries, (GoMEX and Mississippi River) 
proposed action area includes state and territorial waters extending 12 
nm (19 km) from Alabama (where it borders with Florida) to Texas (where 
it borders with Mexico). This proposed action area also includes inland 
waterways and their tributaries along the Ohio and Tennessee Rivers, 
the Cumberland River in Kentucky and Tennessee, Tombigbee River in 
Alabama and Mississippi; the Mississippi River in Louisiana, 
Mississippi, and Arkansas; and the Ouachita River in Louisiana and 
Arkansas.
    (5) The Pacific Northwest (PNW) proposed action area includes state 
and territorial waters extending 12 nm (19 km) from southern Washington 
State to northern Oregon where they border each other along the 
Columbia River. The proposed action area includes the Columbia River 
from the mouth at the Pacific Ocean to where it joins the Snake River 
and ends at the border of Washington and Idaho and also includes a 
northern segment of the Willamette River that joins with and the 
Columbia River in Oregon. The Pacific Ocean is not a part of the PNW 
proposed action area.
    (6) The Southeast Alaska (SEAK) proposed action areas includes 
state and territorial waters extending 12 nm (19 km) from Baranof and 
Prince of Wales Islands and consists primarily of a portion of the 
inside passage from Juneau south to Revillagigedo Island. This proposed 
action area includes only coastal passages of the Pacific Ocean.

Alternative 1: Replacement of Up to 30 WCCs

    Under Alternative 1, the Coast Guard would acquire and operate up 
to 30 WCCs with planned design lives of 30 years each to fulfill 
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 current fleet's operations, the 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 current 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 2023 and the cutter would then be operational in 2024. 
The last WCC is expected to be delivered and operational in 2030.
    The Proposed Action would include WCC operation, maintenance, and 
decommissioning of up to 11 WCC construction class (WCC WLIC) tenders 
to replace the current capabilities of 13 inland construction tenders 
(WLIC); up to 16 WCC River Buoy class (WCC WLR) tenders to replace the 
capabilities of the river buoy tenders (WLR); and up to three Inland 
Buoy class (WCC WLI) tenders to replace the capabilities of the inland 
buoy tenders (WLI). 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 WCC 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 WCC WLR an WCC WLI 
would have capability to deploy and retrieve buoy mooring equipment 
from the seabed or riverbed using a water jet system 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 current 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

[[Page 20378]]

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 or 
personnel).

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.

No Action Alternative

    The evaluation of a No Action Alternative is required by the 
regulations implementing NEPA. Under the No Action Alternative, the 
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, increasing operational costs, 
and increasing risk of equipment failure or damage due to significant 
systems and parts no longer being available.

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. In addition, vessel construction in 
commercial shipyards is not expected to impact any physical or 
biological resources.
    The three action alternatives being considered would all reduce the 
size of the overall fleet. As such, the PEIS analyzes the potential 
impact of the range of up to 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 
depth-sounder, 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, debris, and ATON retrieval devices and tow lines.
    Since the WCC fleet would service a broad geographic area, 
stressors associated with the Proposed Action may 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.
    Under the Proposed Action, the depth-sounder, navigation system, 
vessel noise, ATON signal noise, tool noise, pile driving noise, vessel 
movement, anchoring, spud placement, debris, ATON retrieval devices and 
tow lines, and pile driving associated with the Proposed Action are not 
expected to result in significant impact to the following resources: 
Air quality, ambient sound, bottom habitat and sediments, water 
quality, amphibians, aquatic and terrestrial vegetation, birds, 
invertebrates, insects, fish, Essential Fish Habitat, reptiles, 
terrestrial and marine mammals, commercial fishing, marine 
construction, mineral extraction, oil and gas extraction, recreation 
and tourism, renewable energy, research, transportation and shipping, 
and subsistence fishing and hunting. The Proposed Action may affect, 
but is not likely to adversely affect, any Endangered Species Act 
(ESA)-listed amphibians, aquatic and terrestrial vegetation, birds, 
invertebrates, insects, fish, reptiles, and terrestrial and marine 
mammals.
    The Proposed Action is not expected to result in the destruction or 
adverse modification of federally-designated critical habitat that may 
be found in any of the proposed action areas. Pursuant to the Migratory 
Bird Treaty Act (MBTA; 16 U.S.C 703-712 et seq.), the Proposed Action 
would not result in a significant adverse effect on migratory bird 
populations. Pursuant to the Magnuson[hyphen]Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801-1882), depth-sounder/
navigation system noise, vessel noise, vessel movement, and pile 
driving associated with the Proposed Action would not adversely affect 
the quality or quantity of Essential Fish Habitat within the Coast 
Guard's proposed action areas.

Anticipated Permits and 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 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 anticipates consulting under Section 
7 of the ESA with the services, the National Marine Fisheries Service 
and the U.S. Fish and Wildlife Service, 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.

Schedule for the Decision-Making Process

    Following the scoping period announced in this Notice of Intent, 
and after consideration of all comments received during scoping, Coast 
Guard will prepare a Draft PEIS for the acquisition and operation of up 
to 30

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WCCs. Once the Draft EIS is completed, it will be made available for a 
45-day public review and comment period. Coast Guard will announce the 
availability of the Draft EIS in the Federal Register and local media 
outlets. Coast Guard expects the Draft EIS will be available for public 
review and comment in 2021. In meeting CEQ regulations requiring EISs 
to be completed within 2 years the Coast Guard anticipates the final 
PEIS would be available in 2022, which would be published in the 
Federal Register. Should new information 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 Notice of Intent initiates the scoping process, which guides 
the development of a PEIS. The Coast Guard is seeking comments on the 
potential environmental impacts that may result from the Proposed 
Action or preliminary program alternatives. The PEIS would include, 
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 begins with publication of this notice and ends 
after the Coast Guard has:
     Invited the participation of federal, state, and local 
agencies, any affected Indian tribe, and other interested persons;
     Consulted with affected Federally Recognized Tribes on a 
government-to-government basis, and with affected Alaska Native 
corporations, in accordance with Executive Order 13175 and other 
policies. Native American concerns, including impacts on Indian trust 
assets and potential impacts to cultural resources, will be given 
appropriate consideration;
     Determined the scope and the issues to be analyzed in 
depth in the PEIS;
     Indicated any related environmental assessments or 
environmental impact statements that are not part of the PEIS;
     Identified other relevant environmental review and 
consultation requirements, such as Coastal Zone Management Act 
consistency determinations, and threatened and endangered species and 
habitat impacts; and
     Indicated the relationship between timing of the 
environmental review and other aspects of the application process.
    With this Notice of Intent, the Coast Guard is asking federal, 
state, and local agencies with jurisdiction or special expertise with 
respect to environmental issues in the project area to formally 
cooperate with us in the preparation of the PEIS.
    Once the scoping process is complete, the Coast Guard will prepare 
a draft PEIS, and will publish a Federal Register notice announcing its 
public availability. The Coast Guard will provide the public with an 
opportunity to review and comment on the draft PEIS. After the Coast 
Guard considers those comments, we will prepare the final PEIS and 
similarly announce its availability, as well as solicit public review 
and comment. Comments received during the draft PEIS review period will 
be available in the public docket.

Public Participation

    Pursuant to the CEQ regulations, the Coast Guard invites public 
participation in the NEPA process. This notice requests public 
participation in the scoping process, establishes a public comment 
period, and provides information on how to participate.
    The 45-day public scoping period begins April 27th, 2021 and ends 
June 11th, 2021. Comments and related material must be received by the 
Coast Guard on or before June 11th, 2021.
    The Coast Guard encourages comments submitted through the Federal 
Decision-Making portal at http://www.regulations.gov, using the search 
function for Waterways Commerce Cutter or by docket number. If your 
material cannot be submitted using http://www.regulations.gov, 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 HQS-SMB-CG-WaterwaysCommerceCutter@uscg.mil. A phone 
message may be left at 202-475-3104. In your submission, please include 
the docket number for this notice of intent and provide a reason for 
each suggestion or recommendation.
    The Coast Guard reviews all comments received but will only post 
comments that address the topic of this notice. The Coast Guard may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive. If you visit the online docket and sign up for email 
alerts, you will be notified when comments are posted or when the Coast 
Guard publishes another notice, such as the meeting notice mentioned 
below.
    The Coast Guard accepts anonymous comments. Comments we post to 
https://www.regulations.gov will include any personal information you 
have provided. For more about privacy and the docket, 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 intent as being available in the docket, and public comments, 
will be in our online docket at http://www.regulations.gov and can be 
viewed by following that website's instructions.

Public Meeting

    Coast Guard does not plan to hold in-person public meetings during 
the scoping period due to the ongoing COVID-19 pandemic; however, the 
Coast Guard does plan to host virtual meetings May 11th and May 12th, 
2021. The times and virtual meeting registration information will be 
announced in a separate notice published in the Federal Register. 
Meeting information will also be posted on https://www.dcms.uscg.mil/Our-Organization/Assistant-Commandant-for-Engineering-Logistics-CG-4-/Program-Offices/Environmental-Management/Environmental-Planning-and-Historic-Preservation/, no later than April 27th, 2021.

    Dated: April 13, 2021.
Aileen Sedmak,
Waterways Commerce Cutter Program Manager.
[FR Doc. 2021-07969 Filed 4-16-21; 8:45 am]
BILLING CODE 9110-04-P


