[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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