Notice2022-27133
Seventh Coast Guard District Southeast Atlantic Coast Port Access Route Study: Port Approaches and International Entry and Departure Transit Areas
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Published
December 14, 2022
Issuing agencies
Homeland Security Department
Abstract
The Coast Guard is beginning a series of studies to gather more information about routes used by ships, to access ports on the Southeast Atlantic Coast of the United States. This action is being taken 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). These studies will be separate from, but may expand upon, the proposals in the other Coast Guard rulemakings.
Full Text
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<title>Federal Register, Volume 87 Issue 239 (Wednesday, December 14, 2022)</title>
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[Federal Register Volume 87, Number 239 (Wednesday, December 14, 2022)]
[Notices]
[Pages 76497-76499]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27133]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2022-0347]
Seventh Coast Guard District Southeast Atlantic Coast Port Access
Route Study: Port Approaches and International Entry and Departure
Transit Areas
AGENCY: Coast Guard, DHS.
ACTION: Notice of study; request for comments.
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SUMMARY: The Coast Guard is beginning a series of studies to gather
more information about routes used by ships, to access ports on the
Southeast Atlantic Coast of the United States. This action is being
taken 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). These
studies will be separate from, but may expand upon, the proposals in
the other Coast Guard rulemakings.
DATES: The Coast Guard Seventh District Commander will schedule
individual, localized Port Access Route Studies (PARS) for specific
port approaches and international transit areas to ports on the
Atlantic Coast of South Carolina, Georgia, Florida, Commonwealth of
Puerto Rico, and the U.S. Virgin Islands. This initiative is expected
to be completed by December 2026. Comments and related material must be
received on or before February 13, 2023. Requests for a public meeting
must be submitted on or before January 13, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0347 using the Federal eRulemaking Portal <a href="http://www.regulations.gov">http://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTAL INFORMATION section for further
instructions on submitting comments.
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
<a href="/cdn-cgi/l/email-protection#2f7d564e41016e016846434d4a5d5b6f5a5c4c4801424643"><span class="__cf_email__" data-cfemail="e4b69d858acaa5caa38d8886819690a491978783ca898d88">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
ACPARS Atlantic Coast Port Access Route Study
AIS Automatic Identification System
ANPRM Advanced Notice of Proposed Rulemaking
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
FL Florida
FR Federal Register
GA Georgia
IRA Inflation Reduction Act
MTS Marine Transportation System Information Bulletin
PARS Port Access Route Study
NM Nautical Mile
NPRM Notice of Proposed Rulemaking
SC South Carolina
TSS Traffic Separation Scheme
U.S. United States
U.S.C. United States Code
II. 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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-
2022-0347), 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>,
and insert
[[Page 76498]]
``USCG-2022-0347'' 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 January 13, 2023. You may submit your request for a public
meeting online via <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>, click on the ``read comments'' box,
which will then become highlighted in blue. In the ``Keyword'' box
insert ``USCG-2022-0347'' 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a> 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.
III. Definitions
Fairway or shipping safety fairway means a lane or corridor in
which no artificial island or fixed structure, whether temporary or
permanent, will be permitted. See 33 CFR 166.105 (a).
International Entry and Departure Transit Areas means navigation
routes followed by vessels coming to or departing from the United
States or an international seaport. For these studies, international
entry and departure transit areas will connect to recommend shipping
safety fairways at the outer limit of the U.S. Exclusive Economic Zone
(EEZ).
Port Approaches mean navigation routes followed by vessels entering
or departing a seaport from or to a primary transit route. These
studies will consider port approaches that connect seaports to
recommended shipping safety fairways described in the Atlantic Coast
Port Access Route Study (ACPARS).
IV. Discussion
The Coast Guard is beginning a series of new studies regarding port
approaches and international entry and departure transit areas, to
ports on the Atlantic Coast of South Carolina, Georgia, Florida,
Commonwealth of Puerto Rico, and the U.S. Virgin Islands. These routes
are critical links of a robust and effective Marine Transportation
System (MTS) and integral to efficient movement between ports and
shipping safety fairways along the Atlantic Coast.
Section 50251 of the IRA allows the Department of the Interior to
grant leases, easements, and rights-of-way previously withdrawn in the
Presidential memorandum entitled ``Memorandum on the Withdrawal of
Certain Areas of the United States Outer Continental Shelf from Leasing
Disposition'' and dated September 8, 2020; or the Presidential
memorandum entitled ``Presidential Determination on the Withdrawal of
Certain Areas of the United States Outer Continental Shelf from Leasing
Disposition'' and dated September 25, 2020. Additionally, section 50251
of the IRA expanded the authority under the Outer Continental Shelf
Lands Act to include waters adjacent to any territory of the United
States, specifically the Commonwealth of Puerto Rico. These new studies
are focused on routes between port approaches and international entry
and departure transit areas that would potentially be impacted through
the creation of new, renewable offshore energy projects, created as a
result of the implementation of the IRA.
The Ports and Waterways Safety Act, (PWSA)(46 U.S.C. 70003(c)(1)),
authorizes the Commandant of the Coast Guard to designate necessary
fairways and traffic separations schemes (TSSs) to provide safe access
routes for vessels proceeding to and from United States 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, 46 U.S.C. 70003(c)(1)
requires the Coast Guard to study potential traffic density and assess
the need for safe access routes for vessels. During this process, the
Coast Guard considers the views of the maritime community,
environmental groups, and other stakeholders to reconcile the need for
safe access routes with reasonable waterway uses. See 46 U.S.C.
70003(c)(3).
An analysis of potential traffic density, involving vessels
proceeding to and from a U.S. port, is referred to as a Port Access
Route Study (PARS). Several PARS will examine ports along the Southeast
Atlantic Coast of the U.S. and U.S. Territories that are economically
significant, support military operations, or are critical to national
defense, and related international entry and departure transit areas.
In particular the PARS will study areas that are integral to the safe,
efficient and unimpeded flow of commerce to/from major international
shipping lanes. Similar to the ACPARS, this PARS will use Automatic
Identification System (AIS) data and information from stakeholders to
identify and verify customary navigation routes as well as potential
conflicts involving alternative activities, such as wind energy
generation and offshore mineral exploitation and exploration.
V. Timeline, Scope, and Process
The Seventh Coast Guard District will conduct this PARS. The study
will commence upon publication of this notice and may take 12 months or
more to complete.
The study area is bounded by a line connecting the following
geographic positions:
1. 33[deg]51'7'' N 078[deg]32'27'' W to;
2. 32[deg]26'38'' N 075[deg]55'34'' W to;
3. 25[deg]24'28'' N 079[deg]56'37'' W to;
4. 25[deg]09'2'' N 080[deg]00'15'' W to;
5. 24[deg]53'1'' N 080[deg]12'27'' W to;
6. 24[deg]25'53'' N 081[deg]03'18'' W to;
7. 24[deg]14'49'' N 081[deg]53'7'' W thence following an arc of
12nm around a center point of Loggerhead Key, FL to;
8. 24[deg]25'7'' N 082[deg]55'50'' W to;
9. 24[deg]50'16'' N 082[deg]55'29'' W to;
10. 25[deg]03'31'' N 081[deg]22'23'' W to;
11. 25[deg]11'41'' N 081[deg]08'51'' W thence following the
coastline back to origin.
This area extends approximately 185 nautical miles seaward of the
North Carolina/South Carolina Border then approximately follows the
territorial sea from Miami around the Florida Keys. An illustration
showing the study area is available in the docket where indicated under
ADDRESSES. Additionally, the study area is available for viewing on the
Navigation Center's website at: <a href="https://www.navcen.uscg.gov/port-access-route-study-reports">https://www.navcen.uscg.gov/port-access-route-study-reports</a>.
The Coast Guard will analyze ports that are economically
significant, that support military operations, or are strategic for
national defense along the Southeast Atlantic Coast and U.S.
[[Page 76499]]
Territory. This study includes but is not limited to:
--Port of Charleston, SC; Port of Savannah, GA; Port of Brunswick, GA
from January 2023 to December 2023
-- Port of Kings Bay, GA; Port of Jacksonville, FL from January 2024 to
December 2024
-- Port Canaveral, FL; Port Everglades, FL; Port Miami, FL; Port of Key
West from January 2025 to December 2025
-- Ports of the Commonwealth of Puerto Rico and U.S. Virgin Islands
from January 2026 to December 2026
VI. Methodology
These studies will analyze navigation routes to and from the ports
identified above to their proposed fairways, as well as international
routes to and from the United States. Current capabilities and planned
improvements in these ports to handle maritime conveyances will be
considered. Analyses will be conducted in accordance with Marine
Planning to Operate and Maintain the Marine Transportation System (MTS)
and Implement National Policy, COMDTINST 16003.2B, and coordinated by
the cognizant District Commander. This instruction is available at
<a href="https://media.defense.gov/2019/Jul/10/2002155400/-1/-1/0/CI_16003_2B.PDF">https://media.defense.gov/2019/Jul/10/2002155400/-1/-1/0/CI_16003_2B.PDF</a>. Notices of study will be published in the Federal
Register to inform and solicit public comments for each PARS.
We will publish the results of the 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 issued under authority of 46 U.S.C. 70003(c) and 5
U.S.C.552(a).
Dated: December 9, 2022.
Brendan C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2022-27133 Filed 12-13-22; 8:45 am]
BILLING CODE P
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