[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Pages 20547-20548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07149]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2022-0047]


Port Access Route Study: Approaches to Maine, New Hampshire, and 
Massachusetts

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability; final report.

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SUMMARY: The First Coast Guard District announces the completion of the 
Approaches to Maine, New Hampshire, and Massachusetts Port Access Route 
Study (MNMPARS). This study was conducted to evaluate the adequacy of 
existing vessel routing measures and determine whether additional 
vessel routing measures are necessary for port approaches to Maine, New 
Hampshire, and Massachusetts and international and domestic transit 
areas in the First Coast Guard District area of responsibility. The 
MNMPARS considered whether routing measure revisions were necessary to 
improve navigation safety due to several factors such as planned or 
potential offshore development, current port capabilities and planned 
improvements, increased vessel traffic, changing vessel traffic 
patterns, weather, or navigational difficulty. The MNMPARS final report 
is available for viewing and download from the Federal Register docket 
at http://www.regulations.gov or at the Coast Guard Navigation Center 
(NAVCEN) website at https://www.navcen.uscg.gov/port-access-route-study-reports. The recommendations of this study may lead to future 
rulemakings or appropriate international agreements.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice, call or email LTJG Thomas Davis, First Coast Guard District 
(dpw), U.S. Coast Guard: telephone (617) 223-8632, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

BOEM Bureau of Ocean Energy Management
DHS Department of Homeland Security
MNMPARS Approaches to Maine, New Hampshire, and Massachusetts Port 
Access Route Study
NAVCEN United States Coast Guard Navigation Center
NEPA National Environmental Policy Act
OREI Offshore Renewable Energy Infrastructure
PARS Port Access Route Study
TSS Traffic Separation Scheme
USCG United States Coast Guard

II. Background and Purpose

    Under section 70003 of title 46 of the United States Code (46 
U.S.C. 70003(c)), the Commandant of the U.S. Coast Guard (USCG) may 
designate necessary fairways and traffic separation schemes (TSSs) 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.
    Before establishing or adjusting fairways or TSSs, the USCG must 
conduct a Port Access Route Study (PARS), i.e., a study of potential 
traffic density and the need for safe access routes for vessels. 
Through the study process, the USCG must coordinate with federal, 
state, tribal, and foreign state agencies (where appropriate) and 
consider the views of maritime community representatives, environmental 
groups, and other stakeholders. The 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 
anchorages, construction, operation of renewable energy facilities, 
marine sanctuary operations, commercial and recreational activities, 
and other uses.
    A. When was the MNMPARS conducted? On March 31, 2022, the Coast 
Guard commenced the Approaches to Maine, New Hampshire, and 
Massachusetts Port Access Route Study (MNMPARS) by publishing a 45-day 
Notice of Study; request for comments in the Federal Register (87 FR 
18800). The purpose of the MNMPARS was to evaluate the adequacy of 
existing vessel routing measures and determine whether additional 
vessel routing measures are necessary for port approaches to Maine, New 
Hampshire, and Massachusetts and international and domestic transit 
areas in the First Coast Guard District area of responsibility.
    On June 28, 2022, the First Coast Guard District published a 60-day 
notification of Inquiry and Public Meetings; request for comments (87 
FR 38418). This supplemental notice announced a schedule for six public 
meetings and sought additional public comments concerning more specific 
navigational safety issues. The notification requested responses to 
several general and port-specific questions that were based on analysis 
of historical traffic data and public comments received from the 
original Notice of Study. Of the six public meetings, four were 
conducted in both in-person and virtual formats, one was in-person 
only, and one was virtual only.
    On January 3, 2023, the First Coast Guard District published a 
Notice of Availability of Draft Report; request for comments (88 FR 
83). Due to a publication error, an additional notice (88 FR 2108) was 
issued on January 12, 2023, to ensure the public was afforded a full 
30-day comment period.
    A total of 42 comments were received during the study's 135 days of 
open comment period. Comments were submitted by representatives of the 
maritime community, federal and state governmental agencies, 
environmental groups, non-governmental organizations, and other 
stakeholders. Comments were provided during public meetings, via email, 
and submitted directly to the electronic docket. Oral comments provided 
during public meetings can be viewed in the individual meeting 
recordings posted to the ``Documents'' section of the public docket.
    B. What is the study area? The study area includes regions of the 
Gulf of Maine, New Hampshire Seacoast, and Massachusetts Bay; an 
approximate 20,500 square nautical mile area. Specific geographic 
positions and a graphic representation of the study area can be found 
in the MNMPARS report.
    C. How did the First Coast Guard District conduct this PARS? The 
First Coast Guard District conducted the MNMPARS in accordance with the 
Ports and Waterways Safety Act (PWSA), employing methodology from 
applicable USCG policies including the framework outlined in Appendix D 
of USCG Commandant Instruction (COMDTINST) 16003.2B, Marine Planning to 
Operate and Maintain the Marine Transportation System (MTS) and 
Implement National Policy.
    D. Conclusions and proposed actions. The First Coast Guard District 
concluded that environmental factors, changes in fishery management and 
species distributions, port development projects, and offshore 
renewable energy infrastructure may result in the introduction of 
larger vessel classes,

[[Page 20548]]

increased traffic densities, and displacement of traditional transit 
routes. To mitigate a heightened risk of marine casualties, the First 
Coast Guard District provided 10 proposed actions within the MNMPARS 
report including implementation of 5 shipping safety fairways and 5 
recommendations related to the siting and impact of offshore wind 
energy turbines.

III. Viewing the Report and Related Comments

    To view the final MNMPARS report in the docket, go to https://www.regulations.gov/, and insert ``USCG-2022-0047'' in the ``search 
box''. Click ``Search''. Then, scroll to find the document entitled 
``FINAL REPORT Approaches to Maine, New Hampshire, and Massachusetts 
Port Access Route Study'' under the document type ``Supporting & 
Related Material.''
    The MNMPARS report is also available from the NAVCEN website at 
https://www.navcen.uscg.gov/port-access-route-study-reports.
    A. How do I find and browse comments and documents posted to the 
docket? On the previous version of Regulations.gov, users browsed for 
comments on the Docket Details page. However, since comments are made 
on individual documents, not dockets, new Regulations.gov organizes 
comments under their corresponding document. To access comments and 
documents submitted to the MNMPARS go to https://www.regulations.gov/ 
and insert ``USCG-2022-0047'' in the ``search box.'' Click ``Search.'' 
Then scroll down to and click on the most recent ``notice'' entitled 
``Port Access Route Study: Approaches to Maine, New Hampshire, and 
Massachusetts.'' This will open to the ``Document Details'' page. Then 
click on the ``View Related Comments'' tab or the ``View More 
Documents'' tab to view all the comments and documents posted to the 
MNMPARS.
    B. If you need additional help navigating the new Regulations.gov. 
For additional step by step instructions to view submitted comments or 
other documents please see the Frequently Asked Questions (FAQs) at 
https://www.regulations.gov/faqs or call or email the person in the FOR 
FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    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 DHS's eRulemaking in 
the March 11, 2020, issue of the Federal Register (85 FR 14226).

IV. Future Actions

    As detailed in the final report, the First Coast Guard District 
recommends that multiple shipping safety fairways be implemented within 
the MNMPARS study area. Coast Guard Headquarters Assistant Commandant 
for Prevention, Office of Navigation Systems (CG-NAV) will consider 
these recommendations and determine whether to move forward with the 
rulemaking process.
    Under the National Environmental Policy Act (NEPA), the Coast Guard 
serves as a cooperating agency to the Bureau of Ocean Energy Management 
(BOEM). In this capacity, the First Coast Guard District has and will 
continue to coordinate with BOEM throughout the various stages of 
planning and development of offshore renewable energy infrastructure 
(OREI) within the study area and will provide evaluations of the 
potential impacts any proposed OREI may have on the Marine 
Transportation System, safety of navigation, traditional waterway uses, 
and the Coast Guard's ability to conduct its 11 statutory missions.
    The First Coast Guard District actively monitors all waterways 
subject to its jurisdiction to help ensure navigation safety. As such, 
the First Coast Guard District will continue to monitor the area of 
study for changing conditions and consider appropriate actions to 
promote waterway and user safety.
    This notice is published under the authority of 5 U.S.C. 552(a).

    Dated: March 27, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard Commander, First Coast Guard District.
[FR Doc. 2023-07149 Filed 4-5-23; 8:45 am]
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