[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Notices]
[Pages 20897-20900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07367]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2023-0124]
Port Access Route Study: Approaches to the Ports of Puerto Rico
and U.S. Virgin Islands
AGENCY: Coast Guard, DHS.
ACTION: Notice of study; request for comments.
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SUMMARY: The Coast Guard is conducting a Port Access Route Study to
evaluate safe access routes for the movement of vessel traffic
proceeding to or from the ports or places in the Commonwealth of Puerto
Rico and the U.S. Virgin Islands and to determine whether shipping
safety fairways and/or routing measures should be established,
adjusted, or modified. The Puerto Rico and U.S. Virgin Islands Port
Access Route Study considers whether such measures are necessary to
improve navigation safety due to factors such as planned or potential
offshore development, current port capabilities and planned
improvements, increased vessel traffic, existing and potential
anchorage areas, changing vessel traffic patterns, effects of weather,
or navigational difficulty. Vessel routing measures, which include
traffic
[[Page 20898]]
separation schemes, two-way routes, recommended tracks, deep-water
routes, precautionary areas, and areas to be avoided, are implemented
to reduce the risk of marine casualties. To assist us in conducting the
Puerto Rico and U.S. Virgin Islands Port Access Route Study, we invite
your responses to the questions in the INFORMATION REQUESTED section.
The recommendations of the study may subsequently be implemented
through rulemakings or in accordance with international agreements.
DATES: Comments and related material must be received on or before July
6, 2023. Requests for a public meeting must be submitted on or before
May 8, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0124 using the Federal eRulemaking Portal http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTAL.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice or study, call or email LT Ryan Gilbert, Seventh Coast Guard
District (dpw), U.S. Coast Guard; telephone (305) 415-6750, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
ACPARS Atlantic Coast Port Access Route Study
AIS Automatic Identification System
ANPRM Advanced Notice of Proposed Rulemaking
AOR Area of Responsibility
COMDTINST Commandant Instruction
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
EEZ Exclusive Economic Zone
EO Executive Order
FR Federal Register
IMO International Maritime Organization
IRA Inflation Reduction Act
MTS Marine Transportation System
NM Nautical Mile
NPRM Notice of Proposed Rulemaking
PARS Port Access Route Study
PR PARS Puerto Rico and U.S. Virgin Islands Port Access Route Study
PWSA Ports and Waterways Safety Act
TSS Traffic Separation Scheme
U.S. United States
U.S.C. United States Code
USCG United States Coast Guard
II. Background and Purpose
A. Requirements for Port Access Route Studies: Under Section 70003
of Title 46 of the United States Code, the Commandant of the U.S. Coast
Guard may designate necessary shipping safety fairways (``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 Coast Guard
must conduct a Port Access Route Study (``PARS''), a study of potential
traffic density and the need for safe access routes for vessels.
Through the study process, the Coast Guard must coordinate with
federal, state, and foreign state agencies (where appropriate) and
consider the views of maritime community representatives, environmental
groups, and other interested 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, and operation of renewable energy facilities,
marine sanctuary operations, commercial and recreational activities,
and other uses.
In addition to aiding the Coast Guard in establishing new or
adjusting fairways or TSSs, this PARS may recommend establishing or
amending other vessel routing measures. Examples of other routing
measures include two-way routes, recommended tracks, deep-water routes
(for the benefit primarily of ships whose ability to maneuver is
constrained by their draft), precautionary areas (where ships must
navigate with particular caution), and areas to be avoided (for reasons
of exceptional danger or especially sensitive ecological and
environmental factors).
B. Previous Port Access Route Studies within this Study Area: In
2016, the Coast Guard published a notice of its Atlantic Coast Port
Access Route Study (ACPARS) in the Federal Register (81 FR 13307; March
14, 2016) and announced the study report as final in the Federal
Register (82 FR 16510; April 5, 2017). The ACPARS analyzed the Atlantic
Coast waters seaward of existing port approaches within the U.S.
Exclusive Economic Zone (EEZ). This multiyear study began in 2011,
included public participation, and identified the navigation routes
customarily followed by ships engaged in commerce between international
and domestic U.S. ports. The study is available at https://navcen.uscg.gov/?pageName=PARSReports. Data and information from
stakeholders, including Automatic Identification System (AIS) data from
vessel traffic, were used to identify and verify deep draft and
coastwise navigation routes that are typically followed by ships
engaged in commerce between international and domestic U.S. ports.
C. Need for a New Port Access Route Study: In 2022, the Coast Guard
announced a new study of routes used by ships to access ports on the
Southeast Atlantic Coast of the United States and the Commonwealth of
Puerto Rico and U.S. Virgin Islands in the Federal Register (87 FR
76497; December 14, 2022). This new study is in support of the
provisions provided in Public Law 117-169, commonly referred to as the
Inflation Reduction Act of 2022 (IRA), and Executive Order on the
Implementation of the Energy and Infrastructure Provisions of the
Inflation Reduction Act of 2022 (E.O. 14082). This study will be
separate from, but may expand upon, the proposals in the other Coast
Guard rulemakings. The Puerto Rico and Virgin Island Port Access Route
Study (``PR PARS'') will focus on the coastwise shipping routes and
near coastal users of the Atlantic Ocean and Caribbean Sea between the
coastal ports, and the approaches to coastal ports within the U.S. EEZ
in Puerto Rico and the U.S. Virgin Islands. This PARS will help the
Coast Guard determine what impact, if any, the siting, construction,
and operation of new developments may have on existing near coastal
users of the U.S. waters of the Atlantic Ocean and Caribbean Sea
adjacent to the Commonwealth of Puerto Rico and the U.S. Virgin Islands
and the potential impact of shipping to other maritime users. To ensure
safety of navigation, the Coast Guard will determine the impacts of
rerouting traffic, funneling traffic, and placement of structures that
may obstruct navigation. Some of the impacts may include increased
vessel traffic density, more restricted offshore vessel routing, 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.
The goal of the 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 waterway uses such as the
development of offshore renewable energy installations, aquaculture
farms, marine sanctuaries, and port expansions.
III. Information Requested
Timelines, Study Area, Focus, and Process: The PR PARS is expected
to take 12 months or more to complete.
[[Page 20899]]
The study area will encompass all vessel traffic patterns approaching
and departing major ports in the Commonwealth of Puerto Rico and the
territories of the U.S. Virgin Islands and all federal navigable waters
out to the EEZ. The PR PARS will focus on vessel traffic and navigation
mitigation techniques to improve and support safe navigation transits.
As part of this study, we will analyze current and historical
vessel traffic, fishing vessel information, 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 document.
We will publish the results of the PR 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 concerns associated with vessel
transits in the study area. The information gathered during the study
should help us identify concerns and mitigating solutions.
Considerations might include: (1) Maintain the current vessel routing
measures; (2) modify the existing traffic separation schemes; (3)
create one or more precautionary areas; (4) create one or more inshore
traffic zones; (5) establish area(s) to be avoided; (6) create deep-
draft routes; (7) establish Regulated Navigation Areas (RNA) with
specific vessel operating requirements to ensure safe navigation near
shallow water; (8) identify any other appropriate ships' routing
measures; (9) use this study for future decisions on routing measures
or other maritime traffic considerations and; (10) use this study to
inform other agencies concerning the impacts of their future endeavors.
Questions: To help us conduct the PR PARS, we request information
that will help answer the following questions, although comments on
other issues addressed in this document 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'' below.
(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? 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 considerations? 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?
(7) Do you currently experience competing uses for the same
waterway areas or transit routes? If so, please describe.
(8) Do you anticipate, or are you aware of, future competing uses
for the same waterway areas or transit routes? These could include
potential offshore energy projects, potential offshore aquaculture
projects, or otherwise.
(9) Are there other environmental, cultural, tribal, marine mammal
or other impacts which should be considered during this Port Access
Route Study?
IV. 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 to the online public
docket, please include the docket number for this rulemaking (USCG-
2023-0124), indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. We accept anonymous comments.
To submit your comment online, go to http://www.regulations.gov,
and insert ``USCG-2023-0124'' in the ``search box.'' Click ``Search''.
Then click ``Comment Now.'' We will consider all comments and material
received during the comment period.
B. Public Meetings: The Coast Guard may hold public meeting(s) if
there is sufficient public interest. You must submit a request for one
on or before May 8, 2023. You may submit your request for a public
meeting online via http://www.regulations.gov. Please explain why you
believe a public meeting would be beneficial. If we determine that a
public meeting would aid in the study, we will hold a meeting at a time
and place announced by a later notice in the Federal Register.
C. Viewing 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-2023-0124'' and click ``Search.'' Click the ``Open Docket
Folder'' in the ``Actions'' column.
D. Privacy Act: We accept anonymous comments. All comments received
will be posted without change to https://www.regulations.gov and will
include any personal information you have provided. For more about
privacy and submissions in response to this document, see DHS's
Correspondence System of Records notice (84 FR 48645, September 26,
2018). Documents mentioned in this notice as being available in the
docket, and all public comments, will be in our online docket at
https://www.regulations.gov and can be viewed by following that
website's instructions. Additionally, if you go to the online docket
and sign up for email alerts, you will be notified when comments are
posted, or a final rule is published.
V. Puerto Rico and U.S. Virgin Islands PARS (PR PARS): Study Area
The Seventh Coast Guard District and Coast Guard Sector San Juan
will conduct the PR PARS. The study will commence upon publication of
this notice and take 12 months or more to complete.
The study area is bounded by a line connecting the following
positions:
21[deg]49'47.24'' N 065[deg]49'48.15'' W
18[deg]25'22.02'' N 064[deg]52'39'' W
thence along US/British Virgin Islands, Boarder to:
18[deg]16'43.01'' N 064[deg]39'41'' W
18[deg]03'2.96'' N 064[deg]38'3'' W
18[deg]02'6.17'' N 063[deg]52'10.25'' W
16[deg]44'49'' N 064[deg]01'8'' W
14[deg]53'4.39'' N 066[deg]36'24.54'' W
15[deg]12'51.02'' N 068[deg]28'56'' W
18[deg]07'27.02'' N 068[deg]15'33.01'' W
21[deg]52'8.51'' N 066[deg]56'30.36'' W
thence return to origin.
The borders of this area approximately follow the Sector San Juan
Captain of the Port Zone (33 CFR 3.35-25) and include both the
Commonwealth of Puerto Rico and the Territory of the Virgin Islands,
and the waters adjacent to both enclosed by the outermost extents of
the EEZ. An
[[Page 20900]]
illustration showing the study area is available in the docket where
indicated under ADDRESSES.
The PR PARS will analyze navigation routes to/from the Commonwealth
of Puerto Rico and the U.S. Virgin Islands to international routes to
and from the United States. Current capabilities and planned
improvements to handle maritime conveyances will be considered. The
analyses will be conducted in accordance with COMDTINST 16003.2B,
Marine Planning to Operate and Maintain the Marine Transportation
System (MTS) and Implement National Policy. This Instruction is
available at https://media.defense.gov/2019/Jul/10/2002155400/-1/-1/0/CI_16003_2B.PDF.
We will publish the results of the PR PARS in the Federal Register.
It is possible that the study may validate the status quo (no fairways
or routing measures) and conclude that no changes are necessary. It is
also possible that the study may recommend one or more changes to
address navigational safety and the efficiency of vessel traffic
management. The recommendations may lead to future rulemakings or
appropriate international agreements.
This notice is published under the authority of 46 U.S.C.
70003(c)(1).
Dated: April 3, 2023.
Brendan. C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2023-07367 Filed 4-6-23; 8:45 am]
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