[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Notices]
[Pages 56850-56851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17849]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket Number USCG-2023-0330]


Removal of Smith Point Traffic Separation Scheme From Nautical 
Charts

AGENCY: Coast Guard, DHS.

ACTION: Notice of inquiry; request for comments

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SUMMARY: We, the Coast Guard, have received requests to remove a vessel 
traffic routing measure, which is known as the ``Smith Point Traffic 
Separation Scheme'' (TSS) and depicted on the nautical charts of the 
Chesapeake Bay. If there is no longer a need for this measure, we would 
request that the National Oceanic and Atmospheric Administration 
(NOAA), which produces the nation's nautical charts, remove the TSS 
from these charts and take out language regarding the TSS from the 
applicable Coast Pilot. We would then make conforming changes to the 
buoy that marks the turning point in the separation zone of the TSS. We 
are seeking comments on whether there is any continued need for this 
vessel traffic routing measure before we do so.

DATES: Your comments and related material must reach the Coast Guard on 
or before November 20, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0330 using the Federal portal at https://www.regulations.gov. See 
the ``Public Participation and Request for Comments'' portion of the 
SUPPLEMENTARY INFORMATION section for further instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice of inquiry, call or email, LTJG Carmel McAndrews, District 
Prevention Waterways Management Office, U.S. Coast Guard; telephone: 
757-398-6298 or email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
TSS Traffic Separation Scheme
U.S.C. United States Code

II. Background and Purpose

    The Smith Point TSS was put in place in 1969, before the 
promulgation of any regulations governing formal Traffic Separation 
Schemes. It was never formally established by rule and exists only as a 
notation on the nautical charts. Lying at the mouth of the Potomac 
River, in the Chesapeake Bay, just south of the border between Maryland 
and Virginia, it has historically been used by vessel traffic that 
transits to and from destinations within the Lower Chesapeake Bay, the 
Potomac River, and the Upper Chesapeake Bay. In contrast to Offshore 
TSS's, which are codified in 33 CFR part 167, and which are the only 
TSS's that have been established by rule to date, the Smith Point TSS 
lies in the inland waters, as defined in 33 CFR 2.26.
    See Figure 1, contained in a ``Figures'' document separate from 
this Notice of Inquiry, for a graphical depiction of the Smith Point 
TSS. For instructions on locating the ``Figures'' document, see the 
``Public Participation and Request for Comments'' portion of the 
SUPPLEMENTARY INFORMATION section.
    As nearby ports and indeed the maritime industry itself have grown 
over the fifty years since the Smith Point TSS was first charted, 
traffic patterns, traffic density, and vessel sizes have all changed 
considerably. Meanwhile, both the development and growth of the port 
community, and the growth in the size of the ships navigating these 
waters, appear to have rendered the Smith Point TSS obsolete. With the 
advent of the Global Positioning System, Automatic Identification 
System and overall improved navigation technology since

[[Page 56851]]

1969, today's maritime pilots have better communications and awareness 
of the locations of other vessels navigating in the vicinity of Smith 
Point. These pilots have safely coordinated large vessel traffic 
despite not being able to use the TSS as designed.
    Due to the increase in size and draft of typical cargo vessels 
since the Smith Point TSS was first identified on the charts in 1969, 
depths in the north-bound and south-bound vessel traffic lanes are 
inadequate for modern deep draft vessels transiting through this area 
and today's larger vessels can no longer use the routing measure as 
designed. The natural bottom contours of the Bay provide the greatest 
depths in the center of the southbound lane of the TSS. See Figures 2 & 
3 in the Figures document in the docket. And while the Inland 
Navigational Rules (eCFR, 2023) provide that a vessel shall, so far as 
practicable, avoid crossing traffic lanes, larger inbound vessels must 
use the opposing outbound lane of the Smith Point TSS to avoid the risk 
of grounding. This scenario leads to a traffic pattern contrary to the 
charted routing measure and not in accordance with Rule 10 of the 
Inland Rules, which may actually increase the risk of collisions. As 
the Smith Point TSS appears to be counterproductive today, we are 
seeking public comments regarding its continued need.
    If after consideration of the comments received we determine that 
the Smith Point TSS should be removed from nautical charts and 
publications, we will then reestablish the current Smith Point Fairway 
Lighted Buoy SP (LLNR 7490), which marks the turning point of the TSS 
separation zone, as the Smith Point Lighted Buoy SP, a white and red 
striped Safe Water Buoy. The light will change from yellow to white 
with Morse Code ``A'' flash characteristic. We also seek public comment 
from waterway users on the Coast Guard's plan to change the signal and 
meaning of this buoy.

III. Information Requested

    If you believe there is some reason the Smith Point TSS should be 
retained, please let us know that and provide us with your reasoning 
for wanting to keep it in place. Please include comments regarding the 
potential impacts of this possible change and any other concerns that 
you may have regarding the Smith Point TSS.

IV. Public Participation and Request for Comments

    We encourage you to submit comments in response to this 
notification of inquiry through the Federal Decision Making portal at 
https://www.regulations.gov. To do so, go to https://www.regulations.gov, type USCG-2023-0330 in the search box and click 
``Search.'' Next, look for this document in the Search Results column, 
and click on it. Then click on the Comment option. In your submission, 
please include the docket number for this notification of inquiry and 
provide a reason for each suggestion or recommendation. If your 
material cannot be submitted using https://www.regulations.gov, contact 
the person in the FOR FURTHER INFORMATION CONTACT section of this 
document for alternate instructions.
    To view documents mentioned in this notification of inquiry as 
being available in the docket, find the docket as described in the 
previous paragraph, and then select ``Supporting & Related Material'' 
in the Document Type column. Public comments will also be placed in our 
online docket and can be viewed by following instructions on the 
https://www.regulations.gov Frequently Asked Questions web page. We 
review all comments received, but we may choose not to post off-topic, 
inappropriate, or duplicate comments that we receive.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have 
provided. For more about privacy and submissions in response to this 
document, see DHS's eRulemaking System of Records notice (85 FR 14226, 
March 11, 2020).
    We do not plan to hold a public meeting to receive oral comments on 
this notification of inquiry; however, should the need arise, we will 
announce the date, time, and location in a separate document published 
in the Federal Register. If you have signed up for docket email alerts 
mentioned in the paragraph above, you will receive an email notice when 
the public meeting notice is published and placed in the docket.
    This document is issued under authority of 5 U.S.C. 552(a).

    Dated: August 15, 2023.
Mary Ellen J. Durley,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 2023-17849 Filed 8-18-23; 8:45 am]
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