[Federal Register Volume 87, Number 239 (Wednesday, December 14, 2022)]
[Notices]
[Pages 76497-76499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 http://www.regulations.gov. 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 
[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
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 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-
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 http://www.regulations.gov, 
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 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-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 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.

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: https://www.navcen.uscg.gov/port-access-route-study-reports.
    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 
https://media.defense.gov/2019/Jul/10/2002155400/-1/-1/0/CI_16003_2B.PDF. 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]
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