[Federal Register Volume 89, Number 15 (Tuesday, January 23, 2024)]
[Notices]
[Pages 4320-4324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01215]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2023-0928]


Shipping Safety Fairways Along the Atlantic Coast

AGENCY: Coast Guard, DHS.

ACTION: Notice of intent to prepare a Programmatic Environmental Impact 
Statement; notice of virtual and in-person scoping meetings; and 
request for comments.

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SUMMARY: The Coast Guard, as the lead agency, announces its intent to 
prepare a Programmatic Environmental Impact Statement that will 
evaluate the potential environmental consequences of the Coast Guard's 
Proposed Action to establish shipping safety fairways and other routing 
measures along the Atlantic Coast of the United States. While vessels 
are not required to use them, fairways are designed to keep traditional 
navigation routes free from fixed structures that could impact 
navigation safety and impede other shared offshore activities. This 
Notice of Intent is intended to solicit feedback on preliminary 
alternatives to help the Coast Guard narrow the scope of the PEIS. The 
Coast Guard intends to host three in-person meetings and one virtual 
scoping public meeting to provide additional information to the public 
and to solicit input on potential issues, concerns, and reasonable 
alternatives that should be considered in the PEIS.

DATES: Comments must be submitted at one of the public meetings or in 
writing to the online docket via https://www.regulations.gov on or 
before March 8, 2024.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0928 using the Federal Decision Making 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: For information about this document 
call or email Maureen Kallgren, Coast Guard;

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telephone 202-372-1561, email [email protected].

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to submit comments (or related material) on 
preliminary alternatives to help the Coast Guard narrow the scope of 
the PEIS. If you submit a comment, please include the docket number for 
this notice, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2023-0928 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. 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.
    Viewing material in docket. To view documents mentioned in this 
notice 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.
    Personal information. 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).

Public Meetings

    We plan to hold four public meetings, three of which will be held 
in person and one will be held virtually to solicit feedback. At these 
meetings, the Coast Guard will present an overview of the fairway 
development process and the environmental review process before holding 
a question-and-answer session with questions from the public.
    The first in-person meeting will be from 6 p.m. to 8 p.m. on 
January 31 at White's of Westport, 66 State Road, Westport, MA. The 
second in-person meeting will be held from 6 p.m. to 8 p.m. on February 
7 at the Georgia Southern University, Armstrong Campus Student Union, 
Ogeechee Theatre, 11935 Abercorn Street, Savannah, GA. The third in-
person meeting will take place from 5 p.m. to 7 p.m. on February 12 at 
the Jordan Newby Branch at Broad Creek of the Norfolk Public Library, 
1425 Norchester Ave, Norfolk, VA 23504. The fourth meeting will be held 
virtually on February 15 at https://www.zoomgov.com/j/1616731053, 
Meeting ID: 161 673 1053, or by telephone toll free at (833) 568-8864.
    The public is encouraged to pre-register for these meetings using 
https://www.zoomgov.com/meeting/register/vJIscuGopz0sHYZCW1ycTGmfycGxN5CCF7k.
    For information on facilities or services for individuals with 
disabilities or to request special assistance at the public meeting, 
contact the person named in the FOR FURTHER INFORMATION CONTACT 
section, above.

Background

    This NOI briefly summarizes the Proposed Action, including the 
purpose and need and possible alternatives. As required by the National 
Environmental Policy Act (NEPA) and its implementing regulations (40 
CFR 1500 through 1508, specifically 40 CFR 1502.3), a Federal agency 
must prepare an EIS if it is proposing a major Federal action. For this 
action, the Coast Guard has determined that a PEIS is the most 
appropriate type of environmental review because of the large 
geographic footprint of the proposed fairways. This process is designed 
to analyze the environmental consequences of each alternative to inform 
the agency's decision.

Purpose and Need for the Proposed Action

    The Ports and Waterways Safety Act authorizes the Coast Guard to 
take certain actions to advance port, harbor, and coastal facility 
safety and security. Specifically, 46 U.S.C. 70001 and 70034 authorize 
the Secretary of the department in which the Coast Guard is operating 
to promulgate regulations to establish reporting and operating 
requirements, surveillance and communications systems, routing systems, 
and shipping safety fairways. The Secretary has delegated this 
authority to the Commandant of the Coast Guard (Department of Homeland 
Security (DHS) Delegation 00170.1, Revision No. 01.3, paragraph 
(II)(70)).
    The Coast Guard proposes to codify existing vessel traffic patterns 
into shipping safety fairways, traffic separation schemes (TSSs), and 
precautionary areas along the Atlantic Coast of the United States. The 
Coast Guard recognizes current offshore development trends and other 
increased shared commercial activities on the Outer Continental Shelf 
(OCS) necessitate coordination between industries. We believe that OCS 
users are best served by the establishment of consistent and clearly 
defined navigation systems. More information on the proposed rules can 
be found in the Notice of Proposed Rulemaking (NPRM) 89 FR 3587.

Preliminary Proposed Action and Alternatives

    Coast Guard has identified a Proposed Action and preliminary 
Alternatives for potential consideration in the PEIS. These 
alternatives, described below, represent the many potential forms that 
the fairways might ultimately take. These forms range from establishing 
no fairways at all to the extension of the proposed fairways to the 
outer limit of our authority on the OCS. This NOI is intended to 
solicit feedback on these alternatives to help the Coast Guard narrow 
the scope of the PEIS. Maps are available in the docket to help readers 
visualize the fairways and distinguish one alternative from another.

No Action

    The Coast Guard will analyze a No-Action Alternative. For the 
purposes of this PEIS, the No-Action Alternative is defined as not 
establishing any fairways along the Atlantic Coast.

Alternative 1--Fairway Proposals Found in the Advanced Notice of 
Proposed Rulemaking (ANPRM)

    Alternative 1 would establish shipping safety fairways consistent 
with those described in the 2020 ANPRM (85 FR 37034). This design is 
based on navigation safety corridors identified in the Atlantic Coast 
Port Access Route Study (Atlantic Coast PARS or ACPARS) prior to 
adaptations made based on further study and public input since 2020. In 
the ACPARS, the Coast Guard used Automatic Identification System (AIS) 
data and information from towing vessel and deep draft shipping 
organizations to identify traditionally used navigation routes.
    The ACPARS identified nine primary navigation safety corridors as 
potentially suitable for designation as fairways. Three of these are 
primary navigation safety corridors along the coast and would most 
likely be used by smaller and slower moving vessels. Six offshore 
fairways are most likely to be

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used by larger and faster moving deep-draft vessels. The fairways 
proposed in the ACPARS vary in width from 5 to 10 nautical miles in 
width.

Alternative 2 (Proposed Action): The Proposed Rule: Fairways and Other 
Routing Measures Proposed in the NPRM

    Alternative 2 (Proposed Action) would establish shipping safety 
fairways, TSS, precautionary areas, and one fairway anchorage included 
in the Notice of Proposed Rule Making (NPRM). 89 FR 3587. In the 
Proposed Rule, the Coast Guard is proposing 18 fairways, three TSS 
extensions, four new precautionary areas, two modified precautionary 
areas and one fairway anchorage. The proposed fairways vary in width 
from 3 to 35 nautical miles in width.

Alternative 3--Proposed Rule Plus Gulf of Maine Fairways

    Alternative 3 would establish shipping safety fairways included in 
the Proposed Rule with the addition of fairways in the Gulf of Maine. 
As described in the Approaches to Maine, New Hampshire, and 
Massachusetts PARS, these additional fairways would include the 
Massachusetts Bay Fairway, the Gulf of Maine Fairway, the Coastal Zone 
Fairway, and two Portland approach fairways. See 88 FR 20547 for more 
information.

Alternative 4--Proposed Rule Plus South Florida Fairways

    Alternative 4 establish shipping safety fairways included in the 
Proposed Rule with the addition of fairways in southern Florida. The 
additional fairways would be extended to include an area from 
approximately Port St. Lucie south to the approaches to the Port of 
Miami. Extensive port access studies are underway for this area but are 
in the preliminary stages of development.

Alternative 5--Proposed Rule Plus Maine and South Florida Fairways

    Alternative 5 establish shipping safety fairways included in the 
Proposed Rule with the addition of fairways both in the Gulf of Maine 
and South Florida. As a result, this alternative would include fairways 
from the Gulf of Maine to the southern extent of Florida on the 
Atlantic Coast.

Alternative 6--Proposed Rule Plus East to West Extension to Exclusive 
Economic Zone (EEZ) for Specific Fairways

    Alternative 6 would establish shipping safety fairways included in 
the Proposed Rule with the addition of several extensions that would 
expand certain east-west port-approach fairways out to the limit of the 
exclusive economic zone (EEZ). These extensions would cover approaches 
to and departures from the Port of New York/New Jersey, the Delaware 
Bay, the Chesapeake Bay, the Port of Morehead City in North Carolina, 
and the Port of Wilmington in North Carolina.

Alternative 7--Proposed Rule Plus Gulf of Maine, South Florida, and 
East to West Extension to EEZ for Specific Fairways

    Alternative 7 would establish shipping safety fairways included in 
the Proposed Rule with the addition of fairways in the Gulf of Maine, 
fairways in South Florida, and several extensions that would expand 
certain east-west port-approach fairways out to the limit of the EEZ. 
These additions would include all the extensions considered by 
Alternative 6 with the addition of two extensions that would cover 
approaches to and departures from Portland, ME, and the Gulf of Maine.

Summary of Expected Impacts

    NEPA requires the identification and evaluation of impacts to the 
human environment likely to be caused by an agency's proposed action. 
The PEIS proposed in this NOI will be a planning-level document and the 
Coast Guard will work toward environmental compliance during the design 
and designation of the fairways. The PEIS will analyze potential 
impacts to the human environment caused by each of the alternatives.
    The broad geographic area of the Proposed Action may impact 
physical, biological, and socioeconomic resources. Impacts to resources 
associated with proposed fairways are generally due to disturbance, 
vessel strikes, noise, ballast and biofouling, and gas emissions. 
Biological and physical resources impacted by the proposed fairways may 
include water quality, air quality, habitat (e.g., benthic and water 
column habitats), managed and non-managed fishery resources (e.g., 
fish, elasmobranchs, such as sharks, and invertebrates), and protected 
resources including migratory birds, corals, fish (including 
elasmobranchs such as sharks), sea turtles and marine mammals. Impacts 
to these biological and physical resources that may be considered 
include protected species interactions (e.g., entanglement, vessel 
strikes); alteration to habitats; disease transmission risk; escapement 
risk (e.g., invasive species); water quality changes (e.g., nutrients, 
contaminants); habitat displacement and fragmentation (e.g., avoidance 
of high-density vessel traffic areas, increased marine debris); impacts 
to Essential Fish Habitat (EFH) such as fish migratory routes, open 
waters, hard bottom necessary for spawning, estuarine habitats, and 
coral reefs); ecosystem impacts (e.g., alteration of predator prey 
interactions); and acoustic, lighting and visual disturbances.
    Under the Proposed Action, vessel noise, vessel operations, and 
vessel movement are not expected to result in significant impacts to 
the following resources: air quality, ambient sound, marine vegetation, 
marine invertebrates, flying insects, birds, bats, marine fish, EFH, 
commercial fishing, marine construction, mineral extraction, oil and 
gas extraction, recreation and tourism, existing renewable energy 
projects, research, transportation and shipping, and subsistence 
fishing and hunting. Pursuant to the Endangered Species Act of 1973 
(ESA) (16 U.S.C. 1531 et seq.), listed species and critical habitats 
expected to occur in the Project Area include: fish (Atlantic salmon, 
Atlantic sturgeon, shortnose sturgeon, Nassau grouper, oceanic whitetip 
shark, scalloped hammerhead shark, giant manta ray), whales (North 
Atlantic right whale, blue whale, fin whale, sperm whale, Rice's whale, 
sei whale), sea turtles (green, Kemp's ridley, leatherback, loggerhead, 
hawksbill, and olive Ridley), and corals (boulder star, elkhorn, lobed 
star, mountainous star, pillar, rough cactus).
    Pursuant to the Migratory Bird Treaty Act (MBTA; 16 U.S.C. 703-712 
et seq.), the Proposed Action is not expected to result in a 
significant adverse effect on migratory bird populations. Pursuant to 
the Magnuson-Stevens Fishery Conservation and Management Act (MSA; 16 
U.S.C. 1801-1882), the Proposed Action is not expected to adversely 
affect the quality or quantity of EFH in the Project Area.
    Socioeconomic impacts considered in the PEIS may include impacts to 
commercial and recreational fishing; tourism and recreation; public 
health and safety; transportation; communications infrastructure; 
domestic and international seafood markets; oil, gas and alternative 
energy development and infrastructure; military preparedness; local 
ports, marinas and communities; and local job markets. Cultural and 
historic resources impacted could include archaeological sites, 
traditional fishing grounds and American Indian traditional uses. 
Environmental justice impacts considered include potential impacts of 
the action on vulnerable communities.

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    Wherever possible and supported by the best available science, the 
PEIS will recommend mitigation strategies to address potential impacts 
associated with Atlantic fairways establishment along the U.S. coast.

Anticipated Permits and Authorizations

    The Coastal Zone Management Act (CZMA; 16 U.S.C. 1451 et seq.) was 
enacted to protect the coastal environment from demands associated with 
residential, recreational, and commercial uses. The Coast Guard will 
determine the impact of the Proposed Action and provide a Coastal 
Consistency Determination or Negative Determination to the appropriate 
state agencies.
    The MSA requires Federal agencies to consult with the Secretary of 
Commerce, through the National Marine Fisheries Service (NMFS), with 
respect to ``any action authorized, funded, or undertaken, or proposed 
to be authorized, funded, or undertaken, by such agency that may 
adversely affect any essential fish habitat identified under this 
Act,'' 16 U.S.C. 1855(b)(2). The Coast Guard will determine the impact 
of the Proposed Rule and consult with the NMFS if necessary.
    The ESA provides for the conservation of endangered and threatened 
species and the ecosystems on which they depend. The Coast Guard 
anticipates consulting under Section 7 of the ESA with the National 
Marine Fisheries Service and the U.S. Fish and Wildlife Service, which 
have jurisdiction over the species (50 CFR part 402.14(a)).
    The MMPA (16 U.S.C. 1361 et seq.) established, with limited 
exceptions, a moratorium on the ``taking'' of marine mammals under U.S. 
jurisdiction, and on the High Seas by vessels or persons under U.S. 
jurisdiction. The MMPA further regulates ``takes'' of marine mammals on 
the High Seas. The term ``take,'' as defined in Section 3 (16 U.S.C. 
1362) of the MMPA, means ``to harass, hunt, capture, or kill, or 
attempt to harass, hunt, capture, or kill any marine mammal''. 
``Harassment'' was further defined in the 1994 amendments to the MMPA 
as any act of pursuit, torment, or annoyance which (i) has the 
potential to injure a marine mammal or marine mammal stock in the wild 
(i.e., Level A Harassment); or (ii) has the potential to disturb a 
marine mammal or marine mammal stock in the wild by causing disruption 
of behavioral patterns, including, but not limited to, migration, 
breathing, nursing, breeding, feeding, or sheltering (i.e., Level B 
Harassment). The Coast Guard anticipates requesting a Letter of 
Authorization to ``take'' marine mammals, defined as Level B 
harassment.
    The Clean Water Act (33 U.S.C. 1251, et seq.), Section 404 
regulates the discharge of dredged or fill material into waters of the 
United States and the Rivers and Harbors Act (33 U.S.C. 403), Section 
10 regulates the obstruction or alteration of navigable waters of the 
United States. The Coast Guard anticipates that a very limited amount 
of work conducted as part of the Proposed Action may require a permit 
from the Corps of Engineers under either the Clean Water Act or Rivers 
and Harbors Act.
    The National Historic Preservation Act (NHPA; 16 U.S.C. 470, et 
seq.), Section 106, requires that each federal agency identify and 
assess the effects its actions may have on historic resources, 
including potential effects on historic structures, archaeological 
resources, and tribal resources. The Coast Guard will determine if any 
historic resources are present in the project area, evaluate the 
potential for the proposed action to adversely affect these resources, 
and consult with the relevant State Historic Preservation Officer and 
any interested or affected Tribes to resolve any adverse effects by 
developing and evaluating alternatives or measures that could avoid, 
minimize, or mitigate impacts.
    The Clean Air Act (42 U.S.C. 7401, et seq.) regulates emissions 
from both stationary (industrial) sources and mobile sources. The Coast 
Guard would evaluate the potential for increased emissions during 
implementation of the fairways in order to determine if the emissions 
would be in conformity with the State Implementation Plan (SIP) for 
attainment of National Ambient Air Quality Standards. Since January 
2020, all ships must burn fuel with a content of 0.5 percent sulfur to 
comply with an International Maritime Organization amendment to the 
International Convention for the Prevention of Pollution from Ships 
(MARPOL).
    In addition, Coast Guard will complete Consultation with all 
affected Federally Recognized Tribes on a government-to-government 
basis in accordance with Executive Order 13175.

Schedule for the Decision-Making Process

    Following the scoping period announced in this Notice of Intent, 
and after consideration of all comments received during scoping, Coast 
Guard will prepare a Draft PEIS for the Proposed Action to establish 
shipping safety fairways (``fairways'') along the Atlantic Coast of the 
United States. Once the Draft PEIS is completed, it will be made 
available for a 45-day public review and comment period. Coast Guard 
will announce the availability of the Draft PEIS in the Federal 
Register and local media outlets. Coast Guard expects the Draft PEIS 
will be available for public review and comment in 2024. In meeting CEQ 
regulations requiring EISs to be completed within 2 years, the Coast 
Guard anticipates the Final PEIS would be available in 2026. The Final 
PEIS would be published in the Federal Register. Should new information 
become available after the completion of the Draft or Final PEIS, 
supplemental NEPA documentation may be prepared in support of new 
information or changes in the Proposed Action considered under the 
PEIS.

Public Scoping Process

    This NOI initiates the scoping process, which guides the 
development of the PEIS. The Coast Guard is seeking comments on the 
potential environmental impacts that may result from the Proposed 
Action or preliminary Alternatives. The Coast Guard is also seeking 
input on relevant information, studies, or analyses of any kind 
concerning impacts potentially affecting the quality of the human 
environment as a result of the Proposed Action. NEPA requires federal 
agencies to consider environmental impacts that may result from a 
Proposed Action, to inform the public of potential impacts and 
alternatives, and to facilitate public involvement in the assessment 
process. The PEIS would include, among other topics, discussions of the 
purpose and need for the Proposed Action, a description of 
alternatives, a description of the affected environment, and an 
evaluation of the environmental impact of the Proposed Action and 
alternatives.
    The Coast Guard intends to follow the CEQ regulations (40 CFR 1500 
et. seq.) by scoping through public comments. Scoping, which is 
integral to the process for implementing NEPA, provides a process to 
ensure that (1) issues are identified early and properly studied; (2) 
issues of little significance do not consume substantial time and 
effort; (3) the Draft PEIS is thorough and balanced; and (4) delays 
caused by an inadequate PEIS are avoided.
    Public scoping is a process for determining the scope of issues to 
be addressed in this PEIS and for identifying the issues related to the 
Proposed Action that may have a significant effect on the environment. 
The scoping process begins with publication of this notice. The Coast 
Guard seeks to do the following during the scoping process:

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     Invite the participation of Federal, State, and local 
agencies, any affected Indian tribe, and other interested persons;
     Consult with affected Federally Recognized Tribes on a 
government-to-government basis in accordance with Executive Order 13175 
and other policies. Native American concerns, including potential 
impacts on Treaty rights, Indian trust assets, and cultural resources, 
will be given appropriate consideration;
     Determine the scope and the issues to be analyzed in depth 
in the PEIS;
     Indicate any related environmental assessments or 
environmental impact statements that are not part of the PEIS;
     Identify other relevant environmental review and 
consultation requirements, such as Coastal Zone Management Act 
consistency evaluations, and threatened and endangered species and 
habitat impacts; and
     Indicate the relationship between timing of the 
environmental review and other aspects of the application process.
    With this NOI, Federal, State, Tribal, and local agencies with 
jurisdiction or special expertise with respect to environmental issues 
in the project area are asked to formally cooperate with the Coast 
Guard in the preparation of the PEIS.
    Once the scoping process is complete, Coast Guard will prepare a 
Draft PEIS and will publish a Federal Register notice announcing its 
public availability. The public will be provided with an opportunity to 
review and comment on the Draft PEIS. After Coast Guard considers those 
comments, the Final PEIS will be prepared and its availability 
similarly announced to solicit public review and comment. Comments 
received during the Draft PEIS review period will be available in the 
public docket and made available in the Final PEIS.
    Pursuant to the CEQ regulations, Coast Guard invites public 
participation in the NEPA process. This notice requests public 
participation in the scoping process, establishes a public comment 
period, and provides information on how to participate.
    The 45-day public scoping period begins January 23, 2024 and ends 
March 8, 2024. Comments and related material submitted to the online 
docket via https://www.regulations.gov/ must be received by the Coast 
Guard on or before March 8, 2024 must be postmarked on or before that 
same date. Comments may also be provided at one of the public meetings 
referenced in the ``Public Participation and Request for Comments'' 
portion of the SUPPLEMENTARY INFORMATION section.
    We encourage you to submit specific, timely, substantive, and 
relevant comments through the Federal Decision Making Portal at https://www.regulations.gov, on the site provided when searching the above 
docket number.
    In submissions, please include the docket number for this Notice of 
Intent and provide reasoning for comments. To be considered timely, 
comments must be received on or before February 27, 2024 to be 
considered in the Draft PEIS. We will consider all substantive and 
relevant comments received during the comment period.
    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 review all comments received, but we will only post comments 
that address the topic of the notice. We may choose not to post off-
topic, inappropriate, or duplicate comments that we receive. Documents 
mentioned in this Notice of Intent as being available in the docket, 
and posted public comments, will be in the online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions.
    This notice is issued under authority found in 42 U.S.C. 4332.

    Dated: January 17, 2024.
M.D. Emerson,
Director, Marine Transportation System.
[FR Doc. 2024-01215 Filed 1-19-24; 4:15 pm]
BILLING CODE 9110-04-P