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[Federal Register Volume 89, Number 223 (Tuesday, November 19, 2024)]
[Proposed Rules]
[Pages 91296-91299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26830]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 166

[Docket No. USCG-2024-0248]
RIN 1625-AC97

Shipping Safety Fairways in the Gulf of Maine

AGENCY: Coast Guard, DHS.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Coast Guard seeks comments regarding the possible 
establishment of shipping safety fairways (``fairways'') in the Gulf of 
Maine identified in the Approaches to Maine, New Hampshire, and 
Massachusetts Port Access Route Study.

[[Page 91297]]

This potential system of fairways is intended to ensure that 
traditional navigation routes are kept free from fixed structures that 
could impact navigation safety.

DATES: Comments and related material must be received by the Coast 
Guard on or before January 21, 2025.

ADDRESSES: You may submit comments identified by docket number USCG-
2024-0248 using the Federal Decision-Making Portal at 
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: For information about this document 
call or email Mr. Brian Mottel, Coast Guard; telephone 202-372-1526, 
email [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble

I. Public Participation and Request for Comments
II. Abbreviations
III. Basis and Purpose
IV. Background
V. Information Requested

I. Public Participation and Request for Comments

    The Coast Guard views public participation as essential to 
effective rulemaking, and will consider all comments and material 
received during the comment period. Your comment can help shape the 
outcome of this rulemaking. If you submit a comment, please include the 
docket number for this rulemaking, indicate the specific section of 
this document to which each comment applies, and provide a reason for 
each suggestion or recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision-Making Portal at www.regulations.gov. To do so, go 
to www.regulations.gov, type USCG-2024-0248 in the search box and click 
``Search.'' Next, look for this document in the Search Results column, 
and click on it. Then click on the Comment option. If you cannot submit 
your material by using www.regulations.gov, call or email the person in 
the FOR FURTHER INFORMATION CONTACT section of this advance notice of 
proposed rulemaking for alternate instructions.
    Viewing material in docket. To view documents mentioned in this 
advance notice of proposed rulemaking as being available in the docket, 
find the docket as described in the previous paragraph, and then select 
``Supporting & Related Material'' in the Document Type column. Public 
comments will also be placed in our online docket and can be viewed by 
following instructions on the www.regulations.gov ``Frequently Asked 
Questions'' web page. That web page also explains how to subscribe for 
email alerts that will notify you when comments are posted or if a 
final rule is published. We review all comments received, but we will 
only post comments that address the topic of this advance notice of 
proposed rulemaking. We may choose not to post off-topic, 
inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we 
post to www.regulations.gov will include any personal information you 
have provided. For more about privacy and submissions to the docket in 
response to this document, see the Department of Homeland Security's 
eRulemaking System of Records notice (85 FR 14226, March 11, 2020).
    Public meeting. We do not plan to hold a public meeting, but we 
will consider doing so if we determine from public comments that a 
meeting would be helpful. We would issue a separate Federal Register 
notice to announce the date, time, and location of such a meeting.

II. Abbreviations

ANPRM Advance notice of proposed rulemaking
BOEM Bureau of Ocean Energy Management
CFR Code of Federal Regulations
DHS Department of Homeland Security
Fairways Shipping safety fairways
FR Federal Register
MNMPARS Approaches to Maine-New Hampshire-Massachusetts Port Access 
Route Study
NPRM Notice of proposed rulemaking
OCS Outer Continental Shelf
Sec.  Section
TSS Traffic separation scheme
U.S.C. United States Code
WEA Wind Energy Area

III. Basis and Purpose

    The purpose of this advance notice of proposed rulemaking (ANPRM) 
is to seek public input on the potential establishment of shipping 
safety fairways (``fairways'') in the Gulf of Maine. The fairway 
locations would be added to title 33 of the Code of Federal Regulations 
(CFR) part 166. The Approaches to Maine, New Hampshire, and 
Massachusetts Port Access Route Study (MNMPARS) \1\ found that fairways 
are needed to preserve safe navigation routes to and from U.S. ports 
throughout the study area, and recommended coordinates for these 
fairways. The Coast Guard is considering these coordinates as its 
starting point for the potential establishment of fairways in the Gulf 
of Maine.
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    \1\ Port Access Route Study: Approaches to Maine, New Hampshire, 
and Massachusetts Final report, https://www.navcen.uscg.gov/sites/default/files/pdf/PARS/FINAL_REPORT_Approaches_to_Maine_New_Hampshire_and_Massachusetts_Port_Access_Route_Study.pdf. Last accessed July 5, 2024. A notice of 
availability for the MNMPARS was published April 6, 2023 (88 FR 
20547).
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    Establishing the recommended fairways would prohibit artificial 
islands or fixed structures within designated areas and would reduce 
the risk of vessel collisions, allisions, and groundings. Fairways 
would also reduce the potential for increased transit time and 
associated economic impacts that could result from redirecting vessel 
traffic, should offshore structures be integrated into the Marine 
Transportation System on the outer continental shelf (OCS).
    The MNMPARS and follow-on analysis confirmed the need to codify 
traditional routes into fairways in the study area. As such, the Coast 
Guard believes it is prudent to proceed with an ANPRM, followed by a 
notice of proposed rulemaking (NPRM) and final rule. This strategy 
enables robust engagement with interested persons who may not have 
contributed to the MNMPARS, supports further evolution of regulatory 
alternatives, enhances the Coast Guard's understanding of regional 
spatial planning needs, and reduces the need for a supplemental NPRM 
before a final rule.
    The legal basis for the potential establishment of fairways is 
Title 46 of the United States Code (U.S.C.), section 70003; Department 
of Homeland Security (DHS) Delegation No. 00170.1(II)(70), Revision No. 
01.4.

IV. Background

    The First Coast Guard District conducted the MNMPARS from March 31, 
2022, to April 6, 2023. The study concluded that vessels transiting in 
the vicinity of offshore renewable energy lease areas may be affected, 
especially near or within traditional vessel traffic routes. Existing 
traffic separation schemes (TSSs) are established for vessels entering 
and exiting the ports of Portland, ME and Boston, MA; however, the TSSs 
do not extend far enough into the OCS to account for planned offshore 
renewable energy development within the study area.
    Currently, no commercial leases have been awarded in the MNMPARS 
study area; however, on March 15, 2024, the Bureau of Ocean Energy 
Management

[[Page 91298]]

(BOEM) announced \2\ the designation of a Final Wind Energy Area (WEA) 
in the Gulf of Maine, containing approximately 2 million acres of 
Federal waters for potential leasing. The agency issued a Final Sale 
Notice on September 17, 2024, identifying the final lease areas that 
will be auctioned at an October 29, 2024 lease sale. A portion of 
BOEM's initially proposed lease areas (OCS-A-562 and OCS-A-563) 
overlapped the recommended Gulf of Maine Fairway identified in the 
MNMPARS. However, BOEM's Final Sale Notice removes the conflicting 
overlap with the recommended fairway in the final lease areas.
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    \2\ ``BOEM Finalizes Wind Energy Area in the Gulf of Maine and 
Announces Upcoming Environmental Review of Potential Offshore Wind 
Leasing Activities,'' Bureau of Ocean Energy Management; https://www.boem.gov/newsroom/press-releases/boem-finalizes-wind-energy-area-gulf-maine-and-announces-upcoming. Last accessed April 23, 
2024.
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    In addition, BOEM has finalized and issued a 15,000-acre research 
lease to the State of Maine with an effective date of Sep 1, 2024. The 
project would construct up to 12 floating wind turbines adjacent to the 
Eastern Approach TSS, which is approximately 20 nautical miles off the 
coast of Portland, ME. BOEM, USCG, and the state of Maine have worked 
together to deconflict the research lease with the recommended fairways 
and existing navigation safety systems. In order to provide a 
dependable and safe corridor for mariners in the area, the Coast Guard 
is considering an alternative fairway design for the Portland Eastern 
Approach Fairway that is different in design than the fairway 
recommended by the MNMPARS. This alternative fairway design is intended 
to meet vessel traffic needs, while also considering other uses of the 
waterway.
    In summary, the Coast Guard is seeking input on the potential to 
establish four fairways, as recommended by the MNMPARS (Massachusetts 
Bay Fairway, Coastal Zone Fairway, Portland Southern Approach Fairway, 
and Gulf of Maine Fairway), and one fairway (Portland Eastern Approach 
Fairway) that is a different design than the fairway recommended by the 
MNMPARS.

V. Information Requested

    In this ANPRM, the Coast Guard seeks information and your input to 
assist us in establishing, through a potential future rulemaking, 
fairways in the Gulf of Maine. The Coast Guard seeks public comments, 
positive or negative, on the impacts that the potential fairways may 
have on navigational safety and on other activities in these offshore 
areas to aid us in developing an NPRM and the supporting analyses.
    Where possible and pertinent, please provide sources, citations, 
and references to back up or justify your responses. Also, for all 
pertinent responses, please provide a detailed explanation of how you 
arrived at this conclusion, and your underlying assessment that 
supports your conclusion. Finally, for all numerical responses, please 
provide us with sufficient information to recreate your calculations.
    The following questions were designed to scope this process:

A. General Questions

    The Coast Guard encourages all respondents to review and reference 
the MNMPARS, specifically the Executive Summary, Purpose, and 
Background sections, as well as the illustrations, when responding to 
the following questions. These resources can be found in the docket.
    1. Do the recommended fairways provide safe and efficient routes 
for vessels transiting to and from international ports and the United 
States? Why or why not? If not, what would you recommend instead?
    2. Are the recommended fairways described in this ANPRM necessary 
for ensuring a safe and orderly passage for vessels transiting among 
U.S. domestic ports of call? Why or why not? Please explain your 
answer, including your specific comments on how the fairways described 
in this ANPRM would affect maritime traffic patterns, navigational 
safety, and access to ports.
    3. Are there any positive or negative impacts of not establishing 
the recommended fairways noted in this ANPRM? If so, please describe 
them.
    4. If these recommended fairways are established, how would 
commercial fishing vessels be positively or negatively impacted?
    5. If these recommended fairways are established, what other 
persons, entities, or organizations would be positively or negatively 
impacted? In other words, which groups of people, businesses, or 
industries (maritime and non-maritime) would be positively or 
negatively impacted by these potential fairways?
    6. What other offshore uses may be positively or negatively 
affected by the recommended fairways? Please include specific 
locations, potential impact, and associated costs or benefits. Please 
also describe the safety significance of the recommended fairways on 
the activity.
    7. Do the recommended fairways unduly limit offshore development? 
If so, is there information on costs, or cost model or structure that 
should be considered for analysis?
    8. From an environmental perspective, would the recommended 
fairways (on traditional routes) negatively impact living marine 
resources? If so, which marine resources would be impacted and how? 
What measures should the Coast Guard take to avoid, minimize, or 
mitigate any such impacts?
    9. Beyond the environmental impacts mentioned in question 8, are 
there any other positive or negative environmental impacts from the 
recommended fairways? If so, please provide detail as to how and what 
would be impacted. To the degree possible, please provide the data, 
impact assessments, and other pertinent background information 
necessary to understand and reproduce your results.
    10. Are there additional measures that should be considered to 
improve safety or to relieve the area should an economic burden be 
imposed by the recommended fairways? What are the expected costs and/or 
associated benefits of the suggested additional measures?
    11. Are there other variables that should be considered in 
developing this system of recommended fairways? If so, please indicate 
particular issues and the specific areas to which they pertain.
    12. Have there been any offshore developments built or installed in 
the past 10 years that have impacted traffic patterns, navigational 
safety, or maritime commerce? If so, were the net impacts positive or 
negative? Please provide a detailed explanation of how you arrived at 
this conclusion.
    13. Please offer any other comments or suggestions that may improve 
this initiative.

B. Portland Eastern Approach Fairway

    The Coast Guard is proposing a Portland Eastern Approach Fairway 
that is slightly different in design than the fairway recommended by 
the MNMPARS. The fairway contemplated in this ANPRM is designed to meet 
the needs of vessel traffic entering and departing the Port of Portland 
via the Eastern Approach TSS, while also considering the state of 
Maine's lease adjacent to the TSS to develop a 15,000-acre research 
array of up to 12 floating offshore wind turbines.
    1. Are there any positive or negative impacts from the recommended 
Portland Eastern Approach Fairway? Please explain your answer, 
including specific comments on how this recommended fairway would 
affect maritime traffic patterns, navigational

[[Page 91299]]

safety, marine or other environmental resources, and access to ports.
    2. Does the recommended Portland Eastern Approach Fairway provide a 
safe and efficient route for vessels transiting to and from the Eastern 
Approach TSS? Why or why not? If not, what would you recommend instead?
    3. Would the recommended Portland Eastern Approach Fairway have any 
positive or negative environmental impacts?
    4. Would the recommended Portland Eastern Approach Fairway have any 
positive or negative tribal impacts?

C. Gulf of Maine Fairway

    The Coast Guard is proposing a Gulf of Maine Fairway to meet the 
needs of vessel traffic primarily proceeding between Boston, 
Massachusetts, and the Bay of Fundy. The Coast Guard may consider 
design alternatives to the recommended Gulf of Maine Fairway to ensure 
safe transit for vessels, while providing ocean space for wind energy 
leasing.
    1. Are there any positive or negative economic impacts from the 
recommended Gulf of Maine Fairway?
    2. Is the recommended Gulf of Maine Fairway necessary to provide 
safe and efficient routes for vessels transiting to and from domestic 
and international ports? Why or why not? If not, what would you 
recommend instead?
    3. What are the positive or negative vessel transit impacts to 
altering the recommended fairway's design, location, and 
characteristics, such as narrower width and change in cardinal 
direction? Please explain your answer, including specific comments on 
how any changes to this recommended fairway would affect maritime 
traffic patterns, navigational safety, marine or other environmental 
resources, and access to ports.
    4. What other offshore uses may be positively or negatively 
impacted by alteration to this recommended fairway design, location, 
and characteristics, such as narrower width and change in cardinal 
direction? Please include specific locations, potential impact, and 
associated costs or benefits. Please also describe the safety 
significance of alterations to this recommended fairway on other 
offshore use activity.
    5. If this fairway is established as recommended, what persons, 
entities, or organizations would be positively or negatively impacted? 
In other words, which groups of people, businesses, or industries 
(maritime and non-maritime) would be positively or negatively impacted 
by this recommended fairway?
    6. Would the recommended Gulf of Maine Fairway have any positive or 
negative environmental impacts?
    7. Would the recommended Gulf of Maine Fairway have any positive or 
negative tribal impacts?

Linda L. Fagan,
Admiral, U.S. Coast Guard, Commandant.
[FR Doc. 2024-26830 Filed 11-18-24; 8:45 am]
BILLING CODE 9110-04-P
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