[Federal Register Volume 86, Number 143 (Thursday, July 29, 2021)]
[Proposed Rules]
[Pages 40791-40793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15923]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 166 and 167

[Docket No. USCG-2021-0345]


Port Access Route Study: The Pacific Coast From Washington to 
California

AGENCY: Coast Guard, DHS.

ACTION: Notification of study; request for comments.

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SUMMARY: The Coast Guard is conducting a Port Access Route Study (PARS) 
to evaluate safe access routes for the movement of vessel traffic 
proceeding to or from ports or places along the western seaboard of the 
United States and to determine whether a Shipping Safety Fairway 
(``Fairway'') and/or routing measures should be established, adjusted 
or modified. The PARS will evaluate the continued applicability of, and 
the need for modifications to, current vessel routing measures. The 
data gathered during this Pacific Coast PARS (PACPARS) may result in 
the establishment of one or more new vessel routing measures, 
modification of existing routing measures, or disestablishment of 
existing routing measures off the Pacific Coast between Washington and 
California. To assist us in conducting the PACPARS, we invite your 
responses to questions in the SUPPLEMENTARY INFORMATION section. The 
recommendations of the study may consider future rulemaking action or 
potential international agreements.

DATES: Comments and related material must be received on or before 
January 25, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0345 using the Federal eRulemaking Portal https://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 
notification of study, call or email LCDR Sara Conrad, Coast Guard 
Pacific Area (PAC-54), U.S. Coast Guard; telephone (510) 437-3813, 
email <a href="/cdn-cgi/l/email-protection#f3a0928192ddb6ddb09c9d819297b386809094dd9e9a9f"><span class="__cf_email__" data-cfemail="56053724377813781539382437321623253531783b3f3a">[email protected]</span></a> or Mr. Tyrone Conner, Eleventh Coast Guard 
District (dpw), U.S. Coast Guard; telephone (510) 437-2968, email 
<a href="/cdn-cgi/l/email-protection#44103d362b2a216a086a072b2a2a213604313727236a292d28"><span class="__cf_email__" data-cfemail="9acee3e8f5f4ffb4d6b4d9f5f4f4ffe8daefe9f9fdb4f7f3f6">[email protected]</span></a> or Mr. John Moriarty, Thirteenth Coast Guard 
District (dpw), U.S. Coast Guard; telephone (206) 220-7274, email 
<a href="/cdn-cgi/l/email-protection#4f0520272161096102203d262e3d3b360f3a3c2c2861222623"><span class="__cf_email__" data-cfemail="afe5c0c7c181e981e2c0ddc6cedddbd6efdadcccc881c2c6c3">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
U.S.C. United States Code
PAC Pacific Area Command
PARS Port Access Route Study
PACPARS Pacific Coast Port Access Route Study
EEZ Exclusive Economic Zone

[[Page 40792]]

RNA Regulated Navigation Areas
TSS Traffic Separation Scheme

II. Background, Purpose, and Legal Basis

    A. Requirement for PARS: Under the Ports and Waterways Safety Act, 
(PWSA) (46 U.S.C. 70003(c)(1)), the Commandant of the Coast Guard shall 
designate necessary fairways \1\ 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.
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    \1\ Fairway or shipping safety fairway is a lane or corridor in 
which no artificial island or fixed structure, whether temporary or 
permanent, will be permitted. Temporary underwater obstacles may be 
permitted under certain conditions described for specific areas. 
Aids to navigation approved by the Coast Guard may be established in 
a fairway. See 33 CFR 166.105(a).
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    The PWSA requires the Coast Guard to conduct a PARS, i.e. a study 
of potential traffic density and the need for safe access routes for 
vessels, before establishing or adjusting fairways or TSSs. Through the 
study process, we must coordinate with Federal, State, and foreign 
state agencies (as appropriate) and consider the views of maritime 
community representatives, environmental groups, and other interested 
stakeholders. A 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 construction and operation of 
renewable energy facilities and other uses of the Pacific Ocean in the 
study area.
    B. Previous Port Access Route Studies: The approaches to San 
Francisco, CA, were last studied in 2009, and the final results were 
published in the Federal Register on June 20, 2011 (76 FR 35805). The 
study was conducted to evaluate the continued applicability of and the 
potential need for modifications to the vessel routing to help reduce 
the risk of marine casualties and increase the efficiency of vessel 
traffic in the study area. The PARS for the Strait of Juan de Fuca, 
Haro Strait, Boundary Pass, Rosario Strait, the Strait of Georgia, and 
adjacent waters was completed in November 2000, published in the 
Federal Register on January 22, 2001 (66 FR 6514). The study was 
conducted to evaluate the need for modifications to current vessel 
routing and traffic management measures due to increase in maritime 
activities. The PARS for the approaches to Los Angeles-Long Beach and 
in the Santa Barbara Channel was last completed in June 2011, and the 
final results were published in the Federal Register in November 2011 
(76 FR 67395). The study was conducted to evaluate the continued 
applicability of and the potential need for modifications to the 
traffic separation schemes. However, there has never been a PARS 
conducted for the entire pacific coast of the United States designed to 
analyze all vessel traffic proceeding to and from all the ports and 
transiting through the United States EEZ.
    C. Need for a New Port Access Route Study: Given the current 
forecasted development of aquaculture farms, offshore renewable energy, 
commercial space ports/re-entry sites, expansion of marine sanctuaries, 
development of ports supporting Panamax vessels, potential LNG ports 
and additional increasing commercial traffic, the Coast Guard has 
determined that a PACPARS needs to be conducted. This PARS will focus 
on the coastwise shipping routes and near coastal users of the Pacific 
Ocean between the coastal ports, and the approaches to coastal ports 
within the EEZ. This PACPARS 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 Pacific 
Ocean, 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 PACPARS 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 aquaculture farms, offshore renewable energy, 
commercial space ports/re-entry sites, marine sanctuaries, ports 
supporting Panamax vessels, potential LNG ports and additional 
commercial vessel traffic.

III. Information Requested

    Timelines, Study Area, Focus, and Process: Coast Guard Pacific Area 
Command will conduct a PACPARS and should take several years to 
complete. The study area will encompass all vessel traffic patterns 
approaching and departing major ports along the west coast to include 
all current Traffic Separation Schemes and vessel maneuvering along the 
Pacific Coast from Washington to California and all federal navigable 
waters out to the EEZ. The PACPARS will focus on vessel traffic and 
navigation mitigation techniques to improve and support safe navigation 
transits within the major Pacific Coast Ports and the United States 
EEZ.
    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 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 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'' 
above.

[[Page 40793]]

    (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 submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. 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. If you submit comments, please include the docket number 
for this notification of study and provide a reason for each suggestion 
or recommendation.
    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 eRulemaking System 
of Records (85 FR 14226, March 11, 2020).
    Documents mentioned in this notification of study 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.
    This document is published under the authority of 46 U.S.C. 
70003(c)(1).

    Dated: July 21, 2021.
Michael F. McAllister,
Vice Admiral, U.S. Coast Guard, Commander, Pacific Area.
[FR Doc. 2021-15923 Filed 7-28-21; 8:45 am]
BILLING CODE 9110-04-P


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