[Federal Register Volume 76, Number 151 (Friday, August 5, 2011)]
[Proposed Rules]
[Pages 47529-47531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19859]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 167

[Docket No. USCG-2005-21650]


Port Access Route Study: In the Waters of Montauk Channel and 
Block Island Sound

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability of Preliminary Study Recommendations 
with request for comments.

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SUMMARY: The Coast Guard announces the availability of Preliminary 
Study Recommendations of a Port Access Route Study evaluating the 
continued applicability of and the need for modifications to the 
current vessel routing measures in the Waters of Montauk Channel and 
Block Island Sound. The goals of the study are to help reduce the risk 
of marine casualties and increase vessel traffic management efficiency 
in the study area. Preliminary recommendations indicate that marine 
transportation safety would be enhanced through modifications to the 
existing vessel routing systems. The Coast Guard solicits comments on 
the preliminary recommendations presented in this document so we can 
complete our Port Access Route Study.

DATES: Comments and related material must either be submitted to our 
online docket via http://www.regulations.gov on or before October 4, 
2011 or reach the Docket management facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2005-21650 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.

[[Page 47530]]


FOR FURTHER INFORMATION CONTACT: If you have questions on this study, 
call or e-mail Lieutenant Junior Grade Isaac Slavitt, Project Officer, 
First Coast Guard District, telephone 617-223-8385, e-mail 
[email protected]; or George Detweiler, Office of Navigation 
Systems, Coast Guard, telephone 202-267-0416, e-mail 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Ms. Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this study by submitting 
comments and related material on the Preliminary Study Recommendations 
of a Port Access Route Study: In the Waters of Montauk Channel and 
Block Island Sound. All comments received will be posted without change 
to http://www.regulations.gov and will include any personal information 
you have provided.
    Submitting comments: If you submit a comment, please include the 
docket number for this notice (USCG-2005-21650), 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 
``Notices'' and insert ``USCG-2005-21650'' 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.
    Viewing the comments and documents: To view comments and documents 
mentioned in this preamble as being available in the docket, go to 
http://www.regulations.gov, insert ``USCG-2005-21650'' in the 
``Keyword'' box and click ``Search.'' 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.
    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).

Discussion

I. Definitions

    The following definitions (except ``Regulated Navigation Area'') 
are from the International Maritime Organization's (IMO's) publication 
``Ships' Routeing'' Tenth Edition, 2010 and may 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 ships, or certain classes of ships.
    Precautionary area means a routing measure comprising an area 
within defined limits where ships 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 ships in transit, which is often marked by centerline 
buoys.
    Regulated Navigation Area (RNA) is a water area within a defined 
boundary for which regulations for vessels navigating within the area 
have been established under 33 CFR part 165.
    Separation Zone or separation line means a zone or line separating 
the traffic lanes in which ships are proceeding in opposite or nearly 
opposite directions; or from the adjacent sea area; or separating 
traffic lanes designated for particular classes of ships proceeding in 
the same direction.
    Traffic lane means an area within defined width 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 measures aimed at reducing the risk of casualties; it includes 
traffic separation schemes, two-way routes, recommended tracks, areas 
to be avoided, inshore traffic zones, roundabouts, precautionary areas, 
and deep-water routes.

II. Background and Purpose

    A. Requirement for This Port Access Route Study: Under the Ports 
and Waterways Safety Act (PWSA) (33 U.S.C. 1221-1232), the Coast Guard 
may designate necessary fairways and traffic separation schemes to 
provide safe access routes for vessels proceeding to and from U.S. 
ports. The designation of fairways and TSSs recognizes the paramount 
right of navigation over all other uses in the designated areas.
    Subsequent to an oil spill in Buzzards Bay in April 2003, the Coast 
Guard sponsored a Ports and Waterways Safety Assessment. One of the 
recommendations of the Assessment was that the Coast Guard establish a 
recommended route to assist vessel traffic and provide safer transit 
routes for commercial vessels. In response the Coast Guard created a 
recommended route from Cleveland Ledge, Buzzards Bay, Massachusetts to 
The Race, Long Island Sound, New York. This recommended route was 
subsequently incorporated on nautical charts by the National Oceanic 
and Atmospheric Administration. The Coast Guard determined that a Port 
Access Route Study (PARS) was needed to review and analyze all existing 
vessel routing measures in the approaches to Block Island Sound, 
between Montauk Channel and The Race, and the area from the Point 
Judith Pilot Boarding area to The Race. The goals of the PARS were to 
help reduce the risk of marine casualties and increase vessel traffic 
management efficiency in the study area.
    Preliminary recommendations of the PARS include modifications to 
vessel routing measures in Montauk Channel and The Race. These 
recommendations

[[Page 47531]]

also include the establishment of a two-way route for Montauk Channel.
    B. Conduct of this PARS: We announced the PARS in a notice 
published in the Federal Register on July 1, 2005 (70 FR 38061). We 
will complete the PARS after review of any comments received in 
response to this notice.
    C. Data used by the Coast Guard to conduct the PARS: We reviewed 
various studies and data collected both in-house and by other waterway 
users on various traffic patterns in Block Island Sound. No comments 
were received during the Notice of Study request for comments and no 
public meetings were requested or held. Since no comments or 
recommendations were received the Coast Guard established a navigation 
working group. The make-up of the navigation working group included the 
New York and Connecticut Pilots, the Coast Guard, and various Block 
Island Sound maritime industry representatives. The navigation working 
group submitted preliminary recommendations which are addressed as 
described in paragraph III below.
    D. Publishing these preliminary recommendations: Because of the 
lack of comments to the original notice and our strong desire to engage 
the public in the study process, we decided to ask for comments on the 
recommendations presented by the navigation working group. The primary 
rationale was to allow the public to help us refine these 
recommendations through constructive comments.

III. Study Recommendations

    From the information examined and the input provided by the 
navigation working group, we identified three recommendations that 
could be realized. Comments are particularly solicited with respect to 
these recommendations. A navigation chart with the proposed 
recommendations plotted is included in the docket at http://www.regulations.gov.
    Recommendation 1: Remove the existing Recommended Route from the 
Race to the western edge of the Narragansett Bay Traffic Separation 
Scheme (TSS).
    Recommendation 2: A Recommended Two Way Route for the Approaches to 
Block Island Sound should be established between the following 
geographical positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
41[deg]00'51.30'' N                  071[deg]42'09.05'' W
41[deg]10'10.04'' N                  071[deg]42'09.05'' W
41[deg]10'20.42'' N                  071[deg]41'21.91'' W
41[deg]00'51.30'' N                  071[deg]41'21.91'' W
------------------------------------------------------------------------

    A Recommended Two Way Route for northwest and southeast bound 
traffic should be established between the following geographic 
positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
41[deg]13'29.27'' N                  072[deg]02'54.82'' W
41[deg]13'44.08'' N                  072[deg]00'40.34'' W
41[deg]10'44.76'' N                  071[deg]41'58.95'' W
41[deg]10'10.04'' N                  072[deg]42'09.05'' W
------------------------------------------------------------------------

    A Recommended Two Way Route for entrance into and exit from Long 
Island Sound should be established between the following geographic 
positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
41[deg]15'01.49'' N                  072[deg]04'07.69'' W
41[deg]14'04.56'' N                  072[deg]02'37.42'' W
41[deg]13'29.27'' N                  072[deg]02'54.82'' W
41[deg]14'34.40'' N                  072[deg]04'37.91'' W
------------------------------------------------------------------------

    An east/west Recommended Two Way Route for coastwise traffic should 
be established between the following geographic positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
41[deg]14'04.56'' N                  072[deg]02'37.42'' W
41[deg]17'21.88'' N                  071[deg]37'48.80'' W
41[deg]16'42.03'' N                  071[deg]38'17.44'' W
41[deg]13'44.08'' N                  072[deg]00'40.34'' W
------------------------------------------------------------------------

    A Recommended Two Way Route for northeast and southwest bound 
traffic should be established between the following geographic 
positions:

------------------------------------------------------------------------
              Latitude                            Longitude
------------------------------------------------------------------------
41[deg]10'44.76'' N                  071[deg]41'58.95'' W
41[deg]16'42.03'' N                  071[deg]38'17.44'' W
41[deg]16'49.55'' N                  071[deg]37'20.65'' W
41[deg]10'20.42'' N                  071[deg]41'21.91'' W
------------------------------------------------------------------------

    This northeast/southwest route would be marked with a note reading 
``Recommended Vessel Tracks for deep draft vessels (including tugs and 
barges). While not mandatory, deep draft commercial vessels (including 
tugs and barges) are requested to follow designated routes at the 
master's discretion. Other vessels while not excluded from these 
routes, should exercise caution in and around these areas and monitor 
VHF channel 16 or 13 for information concerning deep draft vessels 
(including tugs and barges) transiting these routes''.
    Recommendation 3: Move Montauk Point Lighted Whistle Buoy MP (LLNR 
655) to the geographic position 41[deg] 00.47' N, 071[deg]41.44' W to 
mark the middle of the Two Way Route for the Approaches to Block Island 
Sound.

IV. Future Actions

    Upon receipt of any comments concerning this notice of preliminary 
study results, we will analyze them and publish a notice of study 
results in the Federal Register. Any recommended changes to the Code of 
Federal Regulations will require that a notice of proposed rulemaking 
(NPRM) be published in the Federal Register. In addition, any changes 
to the vessel routing system, i.e., TSS, ATBA, and precautionary areas, 
will be submitted to the International Maritime Organization for 
adoption and implementation.

    Dated: July 12, 2011.
Daniel A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2011-19859 Filed 8-4-11; 8:45 am]
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