[Federal Register Volume 76, Number 91 (Wednesday, May 11, 2011)]
[Proposed Rules]
[Pages 27288-27290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11483]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 167

[USCG-2011-0351]


Port Access Route Study: The Atlantic Coast From Maine to Florida

AGENCY: Coast Guard, DHS.

ACTION: Notice of study; request for comments.

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SUMMARY: In order to provide safe access routes for the movement of 
vessel traffic proceeding to or from ports or places along the eastern 
seaboard of the United States, the Coast Guard is conducting a Port 
Access Route Study (PARS) to evaluate the continued applicability of, 
and the need for modifications to, current vessel routing measures. The 
data gathered during this Atlantic Coast PARS may result in 
establishment of one or more new vessel routing measures, modification 
of existing routing measures, or disestablishment of existing routing 
measures off the Atlantic Coast between Maine and Florida. The goal of 
the Atlantic Coast PARS is to enhance navigational safety by examining 
existing shipping routes and waterway uses, and, to the extent 
practicable, reconciling the paramount right of navigation within 
designated port access routes with other reasonable waterway uses such 
as the leasing of outer continental shelf blocks for the construction 
and operation of offshore renewable energy facilities. The 
recommendations of the study may lead to future rulemaking action or 
appropriate international agreements.

DATES: Comments and related material must reach the Docket Management 
Facility on or before August 9, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0351 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329. To avoid duplication, please use only one of 
these four methods. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section below for 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice 
of study contact George Detweiler, Office of Navigation Systems, Coast 
Guard, telephone 202-372-1566, e-mail [email protected]. If 
you have questions on viewing or submitting material to the docket, 
call Ms. Renee K. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for Comments

    We encourage you to participate in this study by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided.
    A. Submitting comments: If you submit comments, please include the 
docket number for this rulemaking (USCG-2011-0351), indicate the 
specific section of this document to which each comment applies, and 
provide a reason for each suggestion or recommendation. You may submit 
your comments and material online, or by fax, mail or hand delivery, 
but please use only one of these means. We recommend that you include 
your name and a mailing address, an e-mail address, or a telephone 
number in the body of your document so that we can contact you if we 
have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Notice'' and insert ``USCG-2011-0351'' in the ``Keyword'' box. Click 
``Search'' then click on the balloon shape in the ``Actions'' column. 
If you submit your comments by mail or hand delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. 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-2011-0351'' and click ``Search.'' Click the ``Open Docket 
Folder'' in the ``Actions'' column. If you do not have access to the 
Internet, you may view the docket online by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue, 
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. We have an agreement with the 
Department of Transportation to use the Docket Management Facility.
    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).

II. Definitions

    The following definitions (except as noted by an asterisk) are from 
the International Maritime Organization's (IMO's) publication ``Ships' 
Routeing,'' Tenth Edition, 2010, and should help you review this 
notice:
    Area to be avoided (ATBA) means a routing measure comprising an 
area within defined limits in which either navigation is particularly 
hazardous or it is exceptionally important to avoid casualties and 
which should be avoided by all vessels, or certain classes of vessels.
    Deep-water route means a route within defined limits, which has 
been accurately surveyed for clearance of sea

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bottom and submerged obstacles as indicated on nautical charts.
    Exclusive economic zone (EEZ)* means the zone established by 
Presidential Proclamation 5030, dated March 10, 1983.
    Fairway or shipping safety fairway* (33 CFR 166) means a lane or 
corridor in which no artificial island or fixed structure, whether 
temporary or permanent, will be permitted. Temporary underwater 
obstacles may be permitted under certain conditions described for 
specific areas in Title 33 CFR 166, Subpart B. Aids to navigation 
approved by the U.S. Coast Guard may be established in a fairway.
    Inshore traffic zone means a routing measure comprising a 
designated area between the landward boundary of a traffic separation 
scheme and the adjacent coast, to be used in accordance with the 
provisions of Rule 10(d), as amended, of the International Regulations 
for Preventing Collisions at Sea, 1972 (COLREGS).
    Obstruction* (33 CFR 64.06) means anything that restricts, 
endangers, or interferes with navigation.
    Precautionary area means a routing measure comprising an area 
within defined limits where vessels must navigate with particular 
caution and within which the direction of traffic flow may be 
recommended.
    Recommended route means a route of undefined width, for the 
convenience of vessels in transit, which is often marked by centerline 
buoys.
    Recommended track is a route which has been specially examined to 
ensure so far as possible that it is free of dangers and along which 
vessels are advised to navigate.
    Regulated Navigation Area (RNA)* means a water area within a 
defined boundary for which regulations for vessels navigating within 
the area have been established under 33 CFR 165.
    Roundabout means a routing measure comprising a separation point or 
circular separation zone and a circular traffic lane within defined 
limits. Traffic within the roundabout is separated by moving in a 
counterclockwise direction around the separation point or zone.
    Separation Zone or separation line means a zone or line separating 
the traffic lanes in which vessels are proceeding in opposite or nearly 
opposite directions; or separating a traffic lane from the adjacent sea 
area; or separating traffic lanes designated for particular classes of 
vessels proceeding in the same direction.
    Structure* (33 CFR 64.06) means any fixed or floating obstruction, 
intentionally placed in the water, which may interfere with or restrict 
marine navigation.
    Traffic lane means an area within defined limits in which one-way 
traffic is established. Natural obstacles, including those forming 
separation zones may constitute a boundary.
    Traffic Separation Scheme (TSS) means a routing measure aimed at 
the separation of opposing streams of traffic by appropriate means and 
by the establishment of traffic lanes.
    Two-way route means a route within defined limits inside which two-
way traffic is established, aimed at providing safe passage of ships 
through waters where navigation is difficult or dangerous.
    Vessel routing system means any system of one or more routes or 
routing measure aimed at reducing the risk of casualties; it includes 
traffic separation schemes, two-way routes, recommended tracks, areas 
to be avoided, no anchoring areas, inshore traffic zones, roundabouts, 
precautionary areas, and deep-water routes.

III. Background and Purpose

    A. Requirement for port access route studies: Under the Ports and 
Waterways Safety Act (PWSA) (33 U.S.C. 1223(c)), the Commandant of the 
Coast Guard shall designate necessary fairways and traffic separation 
schemes (TSSs) to provide safe access routes for vessels proceeding to 
and from United States ports. The designation of fairways and TSSs 
recognizes the paramount right of navigation over all other uses in the 
designated areas.
    The PWSA requires the Coast Guard to conduct a port access route 
study (PARS), i.e. a study of potential traffic density and the need 
for safe access routes for vessels, before establishing or adjusting 
fairways or TSSs. Through the study process, we must coordinate with 
Federal, State, and foreign state agencies (as appropriate) and 
consider the views of maritime community representatives, environmental 
groups, and other interested stakeholders. A primary purpose of this 
coordination is, to the extent practicable, to reconcile the need for 
safe access routes with other reasonable waterway uses such as 
construction and operation of renewable energy facilities and other 
uses of the Atlantic Ocean in the study area.
    B. Previous port access route studies: A number of port-specific 
studies have been conducted for the major ports along the Atlantic 
seaboard of the United States. However, there has never been a PARS 
conducted for the entire Atlantic coast designed to analyze all vessel 
traffic proceeding to and from all the ports and transiting through the 
United States Exclusive Economic Zone (EEZ).
    C. Necessity for a new port access route study: Given the current 
desire to identify alternative energy sites on the Atlantic Coastal 
Continental Shelf, the leasing of Outer Continental Shelf (OCS) blocks 
by the Bureau of Ocean Energy Management, Regulation and Enforcement 
(BOEMRE), and the nascent Coastal and Marine Spatial Planning (CMSP) 
effort, the Coast Guard has determined that a PARS for the entire 
Atlantic Coast (Maine to Florida) needs to be conducted. This PARS will 
not focus on the many port areas from the sea buoy into the ports. 
Rather, it will focus on the coastwise shipping routes and near coastal 
users of the Western Atlantic Ocean between the coastal ports, and the 
approaches to coastal ports within the EEZ. This Atlantic Coast PARS 
will identify all current and new users of the Western Atlantic near 
coastal zone, and help the Coast Guard determine what impact, if any, 
the siting, construction and operation of proposed alternative energy 
facilities may have on existing near coastal users of the Western 
Atlantic Ocean.
    In November 2010, the Secretary of the Department of the Interior 
(DOI) announced Wind Energy Areas (WEAs) off the coasts of 
Massachusetts, New Jersey, Delaware, Maryland, Rhode Island and 
Virginia, and the intention to identify other areas off New York, 
Maine, North Carolina, South Carolina, and Georgia in 2011. These WEAs 
are offshore locations that appear most suitable for wind energy 
development. All of the identified WEAs are located at or near the 
entrances to major ports as the wind energy in these areas is suitable 
for possible commercial exploitation, the depth of water is adequate 
for wind farm construction, and there is landside electrical energy 
infrastructure to connect the wind farms.
    The locations of some of the identified WEAs are at the seaward 
terminus of existing navigational TSSs. Other WEAs are located in or 
very near the traditional routes used by vessels in foreign trade and 
on Atlantic coastwise transits. The impact to safe and efficient 
navigation appears to be significant; although not yet characterized.
    To ensure safety of navigation, the Coast Guard needs to fully 
characterize the impacts of rerouting traffic, funneling traffic, and 
placement of structures (e.g., wind turbines) that may obstruct 
navigation. Some of the impacts may include increased vessel traffic 
density, more restricted offshore vessel routing (seaward of pilotage

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areas), fixed navigation obstructions, underwater cable hazards, and 
economic impacts. Analyzing the various impacts will require a thorough 
understanding of the interrelationships of shipping, other commercial 
and recreational uses, and port operations.

IV. This PARS: Timeline, Study Area, and Process

    The Coast Guard's Atlantic Area Command will conduct this PARS. The 
study will begin upon publication of this notice and should take 
approximately 12 months to complete.
    The study area will encompass the entire EEZ of the Atlantic Coast 
from Maine to Florida and will encompass coastwise routes and the 
approaches to all Atlantic coastal ports.
    As part of this study, we will analyze vessel traffic density, 
fishing vessel information, and agency and stakeholder experience in 
vessel traffic management, navigation, ship handling, and effects of 
weather. We encourage you to participate in the study process by 
submitting comments in response to this notice.
    We will publish the results of the PARS in the Federal Register. It 
is possible that the study may validate existing vessel routing 
measures and conclude that no changes are necessary. It is also 
possible that the study may recommend one or more changes to enhance 
navigational safety and the efficiency of vessel traffic. The 
recommendations may lead to future rulemakings or appropriate 
international agreements.

Possible Scope of the Recommendations

    We are attempting to determine the scope of any safety problems 
associated with vessel transits in the study area. We expect that 
information gathered during the study will help us identify any 
problems and appropriate solutions. The study may recommend that we--
     Maintain the current vessel routing measures;
     Modify the existing traffic separation schemes;
     Create one or more precautionary areas;
     Create one or more inshore traffic zones;
     Establish area(s) to be avoided;
     Create deep-draft routes;
     Establish Regulated Navigation Areas (RNA) with specific 
vessel operating requirements to ensure safe navigation near shallow 
water; and
     Identify any other appropriate ships' routing measures.
     Use this study for future decisions on routing measures or 
other maritime traffic considerations.
     Use this study to inform other agencies concerning the 
impacts of their future endeavors.

Questions

    To help us conduct the port access route study, we request 
information that will help answer the following questions, although 
comments on other issues addressed in this notice are also welcome. In 
responding to a question, please explain your reasons for each answer 
and follow the instructions under ``Public Participation and Request 
for Comments'' above.
    1. What navigational hazards do vessels operating in the study area 
face? Please describe.
    2. Are there strains on the current vessel routing systems, such as 
increasing traffic density associated with future growth, e.g., impact 
of the Panama Canal expansion project? Please describe.
    3. Are modifications to existing vessel routing measures needed to 
address hazards and improve traffic efficiency in the study area? If 
so, please describe.
    4. What costs and benefits are associated with the measures listed 
as potential study recommendations? What measures do you think are most 
cost-effective?
    5. What impacts, both positive and negative, would changes to 
existing routing measures or new routing measures have on the study 
area?
    6. Where do you transit? Where are your transit routes? What 
criteria are used in determining your transit routes?
    This notice is issued under authority of 33 U.S.C. 1223(c) and 5 
U.S.C. 552.

    Dated: May 3, 2011.
Robert C. Parker,
Vice Admiral, U.S. Coast Guard, Commander, Atlantic Area.
[FR Doc. 2011-11483 Filed 5-10-11; 8:45 am]
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