Port Access Route Study: Approaches to the Ports of Puerto Rico and U.S. Virgin Islands, 20897-20900 [2023-07367]
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Federal Register / Vol. 88, No. 67 / Friday, April 7, 2023 / Notices
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[FR Doc. 2023–07279 Filed 4–6–23; 8:45 am]
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[Docket No. USCG–2023–0124]
Port Access Route Study: Approaches
to the Ports of Puerto Rico and U.S.
Virgin Islands
Coast Guard, DHS.
Notice of study; request for
comments.
AGENCY:
ACTION:
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
SUMMARY:
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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 https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTAL.
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 Ryan.A.Gilbert@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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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
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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 twoway routes, recommended tracks, deepwater 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=PARS
Reports. 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
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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.
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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.
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(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 costeffective?
(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 https://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
https://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
https://www.regulations.gov. Please
explain why you believe a public
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20899
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
https://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°49′47.24″ N 065°49′48.15″ W
18°25′22.02″ N 064°52′39″ W
thence along US/British Virgin Islands,
Boarder to:
18°16′43.01″ N 064°39′41″ W
18°03′2.96″ N 064°38′3″ W
18°02′6.17″ N 063°52′10.25″ W
16°44′49″ N 064°01′8″ W
14°53′4.39″ N 066°36′24.54″ W
15°12′51.02″ N 068°28′56″ W
18°07′27.02″ N 068°15′33.01″ W
21°52′8.51″ N 066°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
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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]
BILLING CODE P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6394–N–01]
Annual Indexing of Basic Statutory
Mortgage Limits for Multifamily
Housing Programs; Annual Indexing of
Substantial Rehabilitation Threshold
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.
ACTION: Notice.
AGENCY:
In accordance with the
National Housing Act, HUD is providing
notice of adjustment to the Basic
Statutory Mortgage Limits for
Multifamily Housing Programs for
calendar year 2023. HUD is also
providing notice of adjustment to the
per unit cost threshold for determining
substantial rehabilitation in the
Multifamily Housing Programs pursuant
to its administrative guidance for
calendar year 2023.
DATES: Applicable January 1, 2023.
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SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Willie Fobbs III, Director, Office of
Multifamily Production, Department of
Housing and Urban Development, 451
Seventh Street SW, Washington, DC
20410–8000, telephone (202) 402–3242
(this is not a toll-free number). HUD
welcomes and is prepared to receive
calls from individuals who are deaf or
hard of hearing, as well as individuals
with speech or communication
disabilities. To learn more about how to
make an accessible telephone call,
please visit: https://www.fcc.gov/
consumers/guides/telecommunicationsrelay-service-trs.
SUPPLEMENTARY INFORMATION:
Section 206A of the National Housing
Act (12 U.S.C. 1712a) provides authority
for the annual adjustment for the
following FHA multifamily statutory
dollar limits:
I. Section 207(c)(3)(A) (12 U.S.C.
1713(c)(3)(A));
II. Section 213(b)(2)(A) (12 U.S.C.
1715e(b)(2)(A));
III. Section 220(d)(3)(B)(iii)(I) (12 U.S.C.
1715k(d)(3)(B)(iii)(I));
IV. Section 221(d)(4)(ii)(I) (12 U.S.C.
1715l(d)(4)(ii)(I));
V. Section 231(c)(2)(A) (12 U.S.C.
1715v(c)(2)(A)); and
VI. Section 234(e)(3)(A) (12 U.S.C.
1715y(e)(3)(A)).
Section 206A goes on to state that the
preceding ‘‘Dollar Amounts’’ shall be
adjusted annually (commencing in
2004) on the effective date of the
Federal Reserve Board’s adjustment of
the $400 figure in the Home Ownership
and Equity Protection Act of 1994
(HOEPA). The adjustment of the Dollar
Amounts shall be calculated using the
percentage change in the Consumer
Price Index for All Urban Consumers
(CPI–U) as applied by the Federal
Reserve Board for purposes of the
above-described HOEPA adjustment.
(b) Notification
The Federal Reserve Board on a
timely basis shall notify the Secretary,
or his designee, in writing of the
adjustment described in subsection (a)
and of the effective date of such
adjustment to permit the Secretary to
undertake publication in the Federal
Register of corresponding adjustments
to the Dollar Amounts. The dollar
amount of any adjustment shall be
rounded to the next lower dollar.
Note that 206A has not been updated
to reflect the fact that HOEPA has been
revised to use $1,000 as the basis for the
adjustment rather than $400, and the
Consumer Finance Protection Bureau
has replaced the Federal Reserve Board
in administering the adjustment. These
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changes were made by the Dodd-Frank
Wall Street Reform and Consumer
Protection Act’s amendments to the
Truth in Lending Act, as further
explained in the regulatory
implementation of said changes found
in 78 FR 6856, 6879 (Jan. 31, 2013).
The percentage change in the CPI–U
used for the HOEPA adjustment is an
8.3 percent increase and the effective
date of the HOEPA adjustment is
January 1, 2023. The Dollar Amounts
under section 206A have been adjusted
correspondingly and have an effective
date of January 1, 2023. (See 87 FR
78831, Dec. 23, 2022).
These revised statutory limits may be
applied to FHA multifamily mortgage
insurance applications submitted or
amended on or after January 1, 2023, so
long as the loan has not been initially
endorsed.
The adjusted Dollar Amounts for
calendar year 2023 are shown below.
Basic Statutory Mortgage Limits for
Calendar Year 2023 Multifamily Loan
Program
Section 207—Multifamily Housing;
Section 207 pursuant to Section 223(f)—
Purchase or Refinance Housing; and,
Section 220—Housing in Urban
Renewal Areas
Bedrooms
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1 ................
2 ................
3 ................
4+ ..............
Non-elevator
$61,944
68,618
81,964
101,027
114,373
Elevator
$72,252
80,058
98,166
122,948
139,021
Section 213—Cooperatives
Bedrooms
0 ................
1 ................
2 ................
3 ................
4+ ..............
Non-elevator
$67,130
77,404
93,351
119,491
133,122
Elevator
$71,480
80,984
98,477
127,399
139,848
Section 234—Condominium Housing
Bedrooms
0 ................
1 ................
2 ................
3 ................
4+ ..............
Non-elevator
$68,500
78,983
95,256
121,932
135,837
Elevator
$72,088
82,638
100,490
130,002
142,701
Section 221(d)(4)—Moderate Income
Housing
Bedrooms
0 ................
1 ................
2 ................
3 ................
4+ ..............
E:\FR\FM\07APN1.SGM
07APN1
Non-elevator
$61,646
69,980
84,589
106,172
119,973
Elevator
$66,591
76,340
92,831
120,090
131,826
]]>Agencies
[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 https://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 https://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 https://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 https://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 https://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]
BILLING CODE P
