[Federal Register Volume 89, Number 75 (Wednesday, April 17, 2024)]
[Notices]
[Pages 27435-27438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08191]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2023-0822]
Port Access Route Study: Approaches to the Port of Cape Canaveral
and Vessel Transit Offshore Jacksonville, Daytona, and Canaveral,
Florida
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 (PARS)
to evaluate safe routes for vessel traffic transiting to and from the
Port of Cape Canaveral and within the offshore waters of Jacksonville,
Daytona, and Canaveral, Florida. The Cape Canaveral PARS is necessary
to maintain and improve navigational safety by determining if shipping
safety fairways and/or routing measures should be established,
adjusted, or modified due to a variety of factors including continued
growth in the aerospace industry and operations. 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
16, 2024. Requests for a public meeting must be submitted on or before
May 17, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0822 using the Federal eRulemaking Portal http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice or study, call or email Lieutenant Meredith Overstreet, Seventh
Coast Guard District (dpw), U.S. Coast Guard; telephone (206) 815-5857,
email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
ACPARS Atlantic Coast Port Access Route Study
COMDTINST Commandant Instruction
CFR Code of Federal Regulations
DHS Department of Homeland Security
EEZ Exclusive Economic Zone
E.O. Executive Order
FR Federal Register
PARS Port Access Route Study
TSS Traffic Separation Scheme
U.S. United States
U.S.C. United States Code
[[Page 27436]]
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 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 nations (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, the operation of renewable energy facilities,
marine sanctuary operations, commercial activities, 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).
The Cape Canaveral PARS will consider whether such measures are
necessary to improve navigation safety due to factors such as continued
growth in the aerospace industry and operations; current port
capabilities and planned improvements; increased vessel traffic;
existing and potential anchorage areas; changing vessel traffic
patterns; weather; and/or navigational difficulty. Vessel routing
measures are implemented to reduce the risk of marine casualties and
may be a result of this study.
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://www.navcen.uscg.gov/port-access-route-studies. Data and information
from stakeholders, including Automatic Identification System 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 in the Federal Register (87 FR 76497; December 14, 2022) 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 the U.S. Virgin Islands. 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, 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 Cape Canaveral PARS will focus on the coastwise
shipping routes and approaches to the port of Cape Canaveral and the
impact of space operations offshore Jacksonville, Daytona, and Cape
Canaveral. 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 adjacent to Cape Canaveral and the potential impact of shipping
to other maritime users. To ensure safety of navigation, the Coast
Guard will determine the impacts of aerospace operations that may
result in rerouting traffic, funneling traffic, and placement of
structures that may obstruct navigation. Some of the impacts may
include port expansion in Cape Canaveral, increased implementation of
safety and security zones, 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, port operations, the aerospace industry, the cruise
industry, and other commercial and recreational uses.
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
expansion of aerospace operations, growth of the cruise industry,
commercial fishing, marine sanctuaries, and port expansions.
III. Information Requested
Timelines, Study Area, Focus, and Process: The Cape Canaveral PARS
is expected to take 12 months or more to complete. The study area will
encompass all vessel traffic patterns approaching and departing the
Port of Cape Canaveral and offshore Jacksonville, Daytona, and Cape
Canaveral. The Cape Canaveral 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 Cape Canaveral 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)
[[Page 27437]]
establish area(s) to be avoided; (6) create deep-draft routes; (7)
evaluate the established Regulated Navigation Area (RNA) with specific
vessel operating requirements for aerospace industry operations; \1\
(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.
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\1\ 33 CFR 165.701 and 165.775.
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Questions: To help us conduct the Cape Canaveral 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 aerospace industry operations, commercial fishing, cruise
ship navigation, 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 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-
2023-0822), 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 ``USCG-2023-0822'' 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 17, 2024. 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-2023-0822'' 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. Cape Canaveral PARS: Study Area
The Seventh Coast Guard District, Coast Guard Sector Jacksonville,
and Coast Guard Marine Safety Unit Port Canaveral will conduct the Cape
Canaveral 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:
(1) Port of Canaveral Site. From as far north as St. Augustine and
as far south as Fort Pierce and out 210 Nautical Miles from the shore.
All waters from surface to bottom encompassed within a line connecting
the following points:
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Point 1......................... 29[deg]53'55'' N 081[deg]16'18'' W
Point 2......................... 29[deg]56'49'' N 077[deg]05'41'' W
Point 3......................... 27[deg]27'53'' N 076[deg]55'28'' W
Point 4......................... 27[deg]34'07'' N 080[deg]18'53'' W
Point 5......................... 28[deg]01'24'' N 080[deg]32'23'' W
Point 6......................... 28[deg]15'26'' N 080[deg]36'19'' W
Point 7......................... 28[deg]24'32'' N 080[deg]35'11'' W
Point 8......................... 28[deg]24'34'' N 080[deg]37'31'' W
Point 9......................... 28[deg]24'41'' N 080[deg]37'31'' W
Point 10........................ 28[deg]24'39'' N 080[deg]35'02'' W
Point 11........................ 28[deg]26'11'' N 080[deg]33'54'' W
Point 12........................ 28[deg]27'08'' N 080[deg]31'21'' W
Point 13........................ 28[deg]35'56'' N 080[deg]34'56'' W
Point 14........................ 29[deg]02'46'' N 080[deg]54'12'' W
Point 15........................ 29[deg]37'30'' N 081[deg]12'01'' W
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thence return to origin.
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(2) Jacksonville Site. All waters from surface to bottom
encompassed within a line connecting the following points:
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Point 1......................... 31[deg]06'28'' N 080[deg]15'00'' W
Point 2......................... 30[deg]55'01'' N 080[deg]01'40'' W
Point 3......................... 30[deg]43'30'' N 080[deg]15'00'' W
Point 4......................... 30[deg]55'01'' N 080[deg]28'19'' W
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thence return to origin.
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(3) Daytona Site. All waters from surface to bottom encompassed
within a line connecting the following points:
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Point 1......................... 29[deg]59'27'' N 080[deg]40'01'' W
Point 2......................... 29[deg]48'00'' N 080[deg]26'52'' W
Point 3......................... 29[deg]36'32'' N 080[deg]40'01'' W
Point 4......................... 29[deg]48'00'' N 080[deg]53'09'' W
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thence return to origin.
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(4) Cape Canaveral Site. All waters from surface to bottom
encompassed within a line connecting the following points:
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Point 1......................... 29[deg]02'27'' N 080[deg]13'48'' W
Point 2......................... 28[deg]51'00'' N 080[deg]00'46'' W
Point 3......................... 28[deg]39'32'' N 080[deg]13'48'' W
Point 4......................... 28[deg]51'00'' N 080[deg]26'49'' W
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thence return to origin.
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While the Port of Canaveral Site completely overlaps with the Cape
[[Page 27438]]
Canaveral Site and mostly overlaps with the Daytona Site, the
coordinates for the Cape Canaveral and Daytona Sites have still been
included for mariners' reference given historical space capsule
recoveries in those specific coordinates. An illustration showing the
study area is available in the docket where indicated under ADDRESSES.
The Cape Canaveral PARS will analyze navigation routes to/from the
Port of Cape Canaveral, and historic space capsule safety zone reentry
sites offshore Jacksonville, Daytona, and Canaveral. 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 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 Cape Canaveral 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 10, 2024.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2024-08191 Filed 4-16-24; 8:45 am]
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