Port Access Routes Study of Potential Vessel Routing Measures To Reduce Vessel Strikes of North Atlantic Right Whales, 8312-8314 [05-3117]
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Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
not consider the use of voluntary
consensus standards.
Environment
The Coast Guard has considered the
environmental impact of this proposed
rule and concluded that, under figure 2–
1, paragraph (34)(g) of Commandant
Instruction M16475.1D, this proposed
rule would be categorically excluded
from further environmental
documentation. A ‘‘Categorical
Exclusion Determination’’ is available in
the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. From 12:01 a.m. on April 2, 2005
to 11:59 p.m. on April 10, 2005 add
temporary § 165.T01–011 to read as
follows:
§ 165.T01–011 Security and Safety Zone:
TOPOFF 3, New London, CT
(a) Locations. (1) Fort Trumbull Safety
and Security Zone. The following area
is a safety and security zone: All waters
of the Thames River in an area bounded
as follows: beginning at the end of the
New England Seafood pier at
approximate position 41°20′49.7″ N,
072°05′41.6″ W, thence running in an
easterly direction to position
40°20′50.9″ N, 072°05′36.5″ W, thence
in a southeasterly direction to position
41°20′43.1″ N, 072°05′19.7″ W, then
south to position 41°20′34.9″ N,
072°05′19.6″ W, thence southwesterly to
a point on the western shore of the
Thames river at position, 41°20′26.6″ N,
072°05′38.9″ W, thence northerly along
the western shore of the Thames River
to a position on the shore of the Thames
River at position 41°20′29.3″ N,
072°05′39.7″ W, thence along the shore
of the Thames River to the point of
beginning.
(2) Ocean Beach Safety and Security
Zone. The following area is a safety and
security zone: All waters of Long Island
Sound off of New London, Connecticut
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15:39 Feb 17, 2005
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in an area bounded as follows:
beginning at a position on the shore of
New London Connecticut at position
41°18′31.4″ N, 072°05′39.6″ W, thence
running southeasterly to position
41°18′29.3″ N, 072°05′36.9″ W, thence
running position southwesterly to
position 41°18′11.8″ N, 072°06′2.8″ W,
thence running northwesterly to
position 41°18′14.5″ N, 072°06′6.1″ W,
thence running northeasterly along the
shore to the point of beginning.
(b) Effective date. This rule is effective
from 12:01 a.m. on April 2, 2005 until
11:59 p.m. on April 10, 2005.
(c) Regulations. (1) In accordance with
the general regulations in 165.23 and
165.33 of this part, entry into or
movement within these zones is
prohibited unless authorized by the
Captain of the Port (COTP), Long Island
Sound.
(2) All persons and vessels shall
comply with the instructions of the
COTP, or the designated on-scene U.S.
Coast Guard representative. On-scene
Coast Guard patrol personnel include
commissioned, warrant, and petty
officers of the Coast Guard on board
Coast Guard, Coast Guard Auxiliary,
and local, state, and Federal law
enforcement vessels.
Dated: February 11, 2005.
Peter J. Boynton,
Captain, U.S. Coast Guard, Captain of the
Port, Long Island Sound.
[FR Doc. 05–3120 Filed 2–17–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 167
[USCG–2005–20380]
Port Access Routes Study of Potential
Vessel Routing Measures To Reduce
Vessel Strikes of North Atlantic Right
Whales
AGENCY: Coast Guard, DHS.
ACTION: Notice of study; request for
comments.
SUMMARY: The Coast Guard is
conducting a Port Access Route Study
(PARS) to analyze potential vessel
routing measures and consider adjusting
existing vessel routing measures in
order to reduce vessel strikes of the
highly endangered North American
right whale. Potential vessel routing
measures are being considered to
protect the right whale from ship strikes
in their two major aggregation areas,
while minimizing adverse impacts on
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vessel operations. This study will focus
on the northern region: first on Cape
Code Bay, and then, if it can be
accomplished within the timeframe
required by applicable legislation, the
area off Race Point at the northern end
of Cape Code (Race Point) and the Great
South Channel, and the southern region:
Along the seacoast in the approaches to
the Ports of Jacksonville and Fernandina
Beach, Florida, and Brunswick, Georgia.
The recommendations of the study may
lead to future rulemaking actions or
appropriate international agreements.
DATES: Comments and related material
must reach the Docket Management
Facility on or before April 19, 2005.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2005–20380 to the
Docket Managaement Facility at the U.S.
Department of Transportation. To avoid
duplication, please use only one of the
following methods:
(1) Web site: https://dms.dot.gov.
(2) Mail: Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street SW., Washington, DC
20590–0001.
(3) Fax: 202–493–2251.
(4) Delivery: Room PL–401 on the
Plaza level of the Nassif Building, 400
Seventh Street SW., Washington, DC,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The telephone number is 202–366–
9329.
(5) Federal eRulemaking Portal:
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice of
study, call George Detweiler, Office of
Vessel Traffic Management, Coast
Guard, telephone 202–267–0574,or send
e-mail to Gdetweiler@comdt.uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Renee K. Wright, Program Manager,
Docket Operations, telephone 202–366–
0271.
SUPPLEMENTARY INFORMATION:
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://dms.dot.gov and will include
any personal information you have
provided. We have an agreement with
the Department of Transportation (DOT)
to use the Docket Management Facility.
Please see DOT’s ‘‘Privacy Act’’
paragraph below.
Submitting Comments: If you submit
a comment, please include your name
and address, identify the docket number
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Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
for this notice of study (USCG–2005–
20380), indicate the specific section of
this document to which each comment
applies, and give the reason for each
comment. You may submit your
comments and material by electronic
means, mail, fax, or delivery to the
Docket Management Facility at the
address under ADDRESSES; but please
submit your comments and material by
only one means. If you submit them by
mail or delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit them by
mail and would like to know that they
reached the Facility, please enclose a
stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period.
Viewing Comments and Documents:
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://dms.dot.gov at any time and
conduct a simple search using the
docket number. You may also visit the
Docket Management Facility in room
PL–401 on the Plaza level of the Nassif
Building, 400 Seventh Street SW.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
Privacy Act: Anyone can search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review the Department of
Transportation’s Privacy Act Statement
in the Federal Register published on
April 11, 2000 (65 FR 19477), or you
may visit https://dms.dot.gov.
Definitions
The following definitions are from the
International Maritime Organization’s
(IMO’s) publication ‘‘Ships’ Routing’’
(except those marked by an asterisk) and
should help you review this notice:
Area to be avoided or ATBA means a
routing measure comprising an area
within defined limits in which either
navigation is particularly hazardous or
it is exceptionally important to avoid
casualties and which should be avoided
by all vessels, or certain classes of
vessels.
Deep-water route means within
defined limits, which has been
accurately surveyed for clearance of sea
bottom and submerged obstacles as
indicated on nautical charts.
Inshore traffic zone means a routing
measure comprising a designated area
between the landward boundary of a
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15:39 Feb 17, 2005
Jkt 205001
traffic separation scheme and the
adjacent coast, to be used in accordance
with the provisions of Rule 10(d), as
amended, of the International
Regulations for Preventing Collisions at
Sea, 1972 (COLREGS).
Precautionary area means a routing
measure comprising an area within
defined limits where vessels must
navigate with particular caution and
within which the direction of traffic
flow may be recommended.
Recommended route means a route of
undefined width, for the convenience of
vessels in transit, which is often marked
by centerline buoys.
Recommended track is a route which
has been specially examined to ensure
so far as possible that it is free of
dangers and along which vessels are
advised to navigate.
Regulated Navigation Area or RNA*
means a water area within a defined
boundary for which regulations for
vessels navigating within the area have
been established under 33 CFR part 165.
Roundabout means a routing measure
comprising a separation point or
circular separation zone and a circular
traffic lane within defined limits. Traffic
within the roundabout is separated by
moving in a counterclockwise direction
around the separation point or zone.
Separation Zone or separation line
means a zone or line separating the
traffic lanes in which vessels are
proceeding in opposite or nearly
opposite directions; or from the adjacent
sea area; or separating traffic lanes
designated for particular classes of
vessels proceeding in the same
direction.
Traffic lane means an area within
defined limits in which one-way traffic
is established. Natural obstacles,
including those forming separation
zones, may constitute a boundary.
Traffic Separation Scheme or TSS
means a routing measure aimed at the
separation of opposing streams of traffic
by appropriate means and by the
establishment of traffic lanes.
Two-way route means a route within
defined limits inside which two-way
traffic is established, aimed at providing
safe passage of ships through waters
where navigation is difficult or
dangerous.
Vessel routing system means any
system of one or more routes or routing
measures aimed at reducing the risk of
casualties; it includes traffic separation
schemes, two-way routes, recommended
tracks, areas to be avoided, no anchoring
areas, inshore traffic zones,
roundabouts, precautionary areas, and
deep-water routes.
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8313
Background and Purpose
Why is this study being conducted?
The National Marine Fisheries Service
(NMFS) of the National Oceanic and
Atmospheric Administration recently
published an advance notice of
proposed rulemaking (NMFS ANPRM)
(69 FR 30857, June 1, 2004) in the
Federal Register, which announced that
it is considering regulations to
implement a strategy to reduce ship
strikes of right whales (Strategy). The
goal of the Strategy is to address the lack
of recovery of the right whale by
reducing the likelihood and threat of
ship strikes.
Section 626 of the Coast Guard and
Maritime Transportation Act of 2004
(the 2004 Act) (enacted August 9, 2004)
mandates that the Coast Guard shall: (1)
Cooperate with the National Oceanic
and Atmospheric Administration ‘‘in
analyzing potential vessel routing
measures for reducing vessel strikes of
North Atlantic Right Whales, as
described in the notice published at
pages 30857 through 30861 of volume
69 of the Federal Register;’’ and (2)
provide a final report of the analysis to
Congress within 18 months after the
date of enactment of the Act.
The Coast Guard is charged with
enforcing the Marine Mammal
Protection Act (MMPA), the Endangered
Species Act (ESA), and the regulations
issued under those statutes. One of the
Coast Guard’s primary strategic goals is
the protection to the marine
environment, including the
conservation of living marine resources
and enforcement of living marine
resource laws.
The Coast Guard works in
collaboration with NMFS to prevent
ship strikes. The Coast Guard issues
local and written periodic notices to
mariners concerning ship strikes, issues
NAVTEX messages alerting mariners to
the location of right whales, and
actively participates in the Mandatory
Ship Reporting (MSR) System that
provides information to mariners
entering right whale habitat. In addition,
the Coast Guard provides patrols
dedicated to enforcement of the ESA
and the MMPA, provides limited vessel
and aircraft support to facilitate right
whale research and monitoring, and
disseminates NMFS information packets
to vessels boarded in or near right whale
waters. NMFS asked the Coast Guard for
assistance in its ship-strike rulemaking
by conducting this PARS.
When are port access route studies
required? Under the Ports and
Waterways Safety Act (PWSA) (33
U.S.C. 1223(c)), the Commandant of the
Coast Guard may designate necessary
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Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
fairways and traffic separation schemes
(TSSs) to provide safe access routes for
vessels proceeding to and from U.S.
ports. The PWSA provides that such
designation of fairways and TSSs must
recognize, within the designated areas,
the paramount right of navigation over
all other uses.
The PWSA requires the Coast Guard
to conduct 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.
What are the timetable, study area,
and process of this PARS? The Vessel
Traffic Management Division (G–MWV)
of Coast Guard Headquarters will
conduct this PARS. The study will
begin immediately and must be
completed by September, 2005, in order
for the Coast Guard and NMFS to
prepare their required report to
Congress by January, 2006.
The study area is divided into two
regions described as follows:
1. Northern region: Cape Cod Bay; the
area off Race Point at the northern end
of Cape Cod (Race Point) and the Great
South Channel.
2. Southern region: The area bounded
to the north by a line drawn at latitude
31° 27′N (which coincides with the
northernmost boundary of the
mandatory ship reporting system) and to
the south by a line drawn at latitude
line 29° 45′N. The eastern offshore
boundary is formed by a line drawn at
longitude 81° 00′W and the western
boundary is formed by the shoreline.
Included in this area are the ports of
Jacksonville and Fernandina, FL, and
Brunswick, GA.
As part of this study, we will consider
previous studies, analyses of vessel
traffic density, and agency and
stakeholder experience in and public
comments on vessel traffic management,
navigation, ship handling, and affects of
weather. We encourage you to
participate in the study process by
submitting comments in response to this
notice.
We will publish the results of the
PARS in the Federal Register. The study
may—
1. Recommend implementing the
vessel routing measures identified in the
NMFS ANPRM for the two areas;
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2. Recommend creating vessel routing
measures other than those proposed in
the NMFS ANPRM for the two areas;
3. Validate existing vessel routing
measures, if any, and conclude that no
changes are necessary; or
4. Recommend changes be made to
the existing vessel routing measures, if
any, in order to reduce the threat of ship
strikes of right whales.
The recommendations may lead to
future rulemakings or appropriate
international agreements.
Possible Scope of the Recommendations
We expect that information gathered
during the study will identify any
problems and appropriate solutions.
The study may recommend that, in any
or all of the study areas, all or some of
the following items be accompished:
1. Maintain current vessel routing
measures, if any.
2. Establish Traffic Separation
Schemes (TSS) at the entrances to the
identified ports.
3. Designate recommended or
mandatory routes.
4. Create one or more precautionary
areas.
5. Create one or more inshore traffic
zones.
6. Create deep-draft routes.
7. Establish area(s) to be avoided
(ATBA).
8. Establish, disestablish, or modify
anchorage grounds.
9. Establish a Regulated Navigation
Area (RNA) with specific vessel
operating requirements to ensure safe
navigation near shallow water.
10. Identify any other appropriate
ships’ routing measures to be used.
Questions
To help us conduct the port access
route study, we request comments on
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.
1. What navigational hazards do
vessels operating in the study areas
face? Please describe.
2. Are there strains on the current
vessel routing system, such as
increasing traffic density? If so, please
describe.
3. What are the benefits and
drawbacks to modifying existing vessel
routing measures, if any, or establishing
new routing measures such as those
described in the NMFS ANPRM? If so,
please describe.
4. What impacts, both positive and
negative, would changes to existing
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routing measures, if any, or new routing
measures, such as those described in the
NMFS ANPRM, have on the study area?
Dated: February 10, 2005.
Howard L. Hime,
Acting Director of Standards, Marine Safety,
Security and Environmental Protection.
[FR Doc. 05–3117 Filed 2–17–05; 8:45 am]
BILLING CODE 4910–15–M
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[OAR–2004–0490, FRL–7874–1]
RIN 2060–AM79
Standards of Performance for
Stationary Combustion Turbines
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: The EPA is proposing
standards of performance for new
stationary combustion turbines in 40
CFR part 60, subpart KKKK. The new
standards would reflect changes in
nitrogen oxides (NOX) emission control
technologies and turbine design since
standards for these units were originally
promulgated in 40 CFR part 60, subpart
GG. The NOX and sulfur dioxide (SO2)
standards have been established at a
level which brings the emission limits
up to date with the performance of
current combustion turbines and their
emissions.
DATES: Comments must be received on
or before April 19, 2005, or 30 days after
the date of any public hearing, if later.
Public Hearing. If anyone contacts
EPA by March 10, 2005, requesting to
speak at a public hearing, EPA will hold
a public hearing on March 21, 2005. If
you are interested in attending the
public hearing, contact Ms. Eloise
Shepherd at (919) 541–5578 to verify
that a hearing will be held.
ADDRESSES: Submit your comments,
identified by Docket ID No. OAR–2004–
0490, by one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Agency Web site: https://
www.epa.gov/edocket. EDOCKET, EPA’s
electronic public docket and comment
system, is EPA’s preferred method for
receiving comments. Follow the on-line
instructions for submitting comments.
• E-mail: Send your comments via
electronic mail to a-and-rdocket@epa.gov, Attention Docket ID
No. OAR–2004–0490.
E:\FR\FM\18FEP1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 33 (Friday, February 18, 2005)]
[Proposed Rules]
[Pages 8312-8314]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-3117]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 167
[USCG-2005-20380]
Port Access Routes Study of Potential Vessel Routing Measures To
Reduce Vessel Strikes of North Atlantic Right Whales
AGENCY: Coast Guard, DHS.
ACTION: Notice of study; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is conducting a Port Access Route Study (PARS)
to analyze potential vessel routing measures and consider adjusting
existing vessel routing measures in order to reduce vessel strikes of
the highly endangered North American right whale. Potential vessel
routing measures are being considered to protect the right whale from
ship strikes in their two major aggregation areas, while minimizing
adverse impacts on vessel operations. This study will focus on the
northern region: first on Cape Code Bay, and then, if it can be
accomplished within the timeframe required by applicable legislation,
the area off Race Point at the northern end of Cape Code (Race Point)
and the Great South Channel, and the southern region: Along the
seacoast in the approaches to the Ports of Jacksonville and Fernandina
Beach, Florida, and Brunswick, Georgia. The recommendations of the
study may lead to future rulemaking actions or appropriate
international agreements.
DATES: Comments and related material must reach the Docket Management
Facility on or before April 19, 2005.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2005-20380 to the Docket Managaement Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Web site: https://dms.dot.gov.
(2) Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street SW., Washington, DC 20590-0001.
(3) Fax: 202-493-2251.
(4) Delivery: Room PL-401 on the Plaza level of the Nassif
Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
(5) Federal eRulemaking Portal: https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: If you have questions on this notice
of study, call George Detweiler, Office of Vessel Traffic Management,
Coast Guard, telephone 202-267-0574,or send e-mail to
Gdetweiler@comdt.uscg.mil. If you have questions on viewing or
submitting material to the docket, call Renee K. Wright, Program
Manager, Docket Operations, telephone 202-366-0271.
SUPPLEMENTARY INFORMATION:
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://dms.dot.gov and will include any personal
information you have provided. We have an agreement with the Department
of Transportation (DOT) to use the Docket Management Facility. Please
see DOT's ``Privacy Act'' paragraph below.
Submitting Comments: If you submit a comment, please include your
name and address, identify the docket number
[[Page 8313]]
for this notice of study (USCG-2005-20380), indicate the specific
section of this document to which each comment applies, and give the
reason for each comment. You may submit your comments and material by
electronic means, mail, fax, or delivery to the Docket Management
Facility at the address under ADDRESSES; but please submit your
comments and material by only one means. If you submit them by mail or
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit them
by mail and would like to know that they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period.
Viewing Comments and Documents: To view comments, as well as
documents mentioned in this preamble as being available in the docket,
go to https://dms.dot.gov at any time and conduct a simple search using
the docket number. You may also visit the Docket Management Facility in
room PL-401 on the Plaza level of the Nassif Building, 400 Seventh
Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Privacy Act: Anyone can search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review the
Department of Transportation's Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477), or you may visit
https://dms.dot.gov.
Definitions
The following definitions are from the International Maritime
Organization's (IMO's) publication ``Ships' Routing'' (except those
marked by an asterisk) and should help you review this notice:
Area to be avoided or ATBA means a routing measure comprising an
area within defined limits in which either navigation is particularly
hazardous or it is exceptionally important to avoid casualties and
which should be avoided by all vessels, or certain classes of vessels.
Deep-water route means within defined limits, which has been
accurately surveyed for clearance of sea bottom and submerged obstacles
as indicated on nautical charts.
Inshore traffic zone means a routing measure comprising a
designated area between the landward boundary of a traffic separation
scheme and the adjacent coast, to be used in accordance with the
provisions of Rule 10(d), as amended, of the International Regulations
for Preventing Collisions at Sea, 1972 (COLREGS).
Precautionary area means a routing measure comprising an area
within defined limits where vessels must navigate with particular
caution and within which the direction of traffic flow may be
recommended.
Recommended route means a route of undefined width, for the
convenience of vessels in transit, which is often marked by centerline
buoys.
Recommended track is a route which has been specially examined to
ensure so far as possible that it is free of dangers and along which
vessels are advised to navigate.
Regulated Navigation Area or RNA* means a water area within a
defined boundary for which regulations for vessels navigating within
the area have been established under 33 CFR part 165.
Roundabout means a routing measure comprising a separation point or
circular separation zone and a circular traffic lane within defined
limits. Traffic within the roundabout is separated by moving in a
counterclockwise direction around the separation point or zone.
Separation Zone or separation line means a zone or line separating
the traffic lanes in which vessels are proceeding in opposite or nearly
opposite directions; or from the adjacent sea area; or separating
traffic lanes designated for particular classes of vessels proceeding
in the same direction.
Traffic lane means an area within defined limits in which one-way
traffic is established. Natural obstacles, including those forming
separation zones, may constitute a boundary.
Traffic Separation Scheme or TSS means a routing measure aimed at
the separation of opposing streams of traffic by appropriate means and
by the establishment of traffic lanes.
Two-way route means a route within defined limits inside which two-
way traffic is established, aimed at providing safe passage of ships
through waters where navigation is difficult or dangerous.
Vessel routing system means any system of one or more routes or
routing measures aimed at reducing the risk of casualties; it includes
traffic separation schemes, two-way routes, recommended tracks, areas
to be avoided, no anchoring areas, inshore traffic zones, roundabouts,
precautionary areas, and deep-water routes.
Background and Purpose
Why is this study being conducted? The National Marine Fisheries
Service (NMFS) of the National Oceanic and Atmospheric Administration
recently published an advance notice of proposed rulemaking (NMFS
ANPRM) (69 FR 30857, June 1, 2004) in the Federal Register, which
announced that it is considering regulations to implement a strategy to
reduce ship strikes of right whales (Strategy). The goal of the
Strategy is to address the lack of recovery of the right whale by
reducing the likelihood and threat of ship strikes.
Section 626 of the Coast Guard and Maritime Transportation Act of
2004 (the 2004 Act) (enacted August 9, 2004) mandates that the Coast
Guard shall: (1) Cooperate with the National Oceanic and Atmospheric
Administration ``in analyzing potential vessel routing measures for
reducing vessel strikes of North Atlantic Right Whales, as described in
the notice published at pages 30857 through 30861 of volume 69 of the
Federal Register;'' and (2) provide a final report of the analysis to
Congress within 18 months after the date of enactment of the Act.
The Coast Guard is charged with enforcing the Marine Mammal
Protection Act (MMPA), the Endangered Species Act (ESA), and the
regulations issued under those statutes. One of the Coast Guard's
primary strategic goals is the protection to the marine environment,
including the conservation of living marine resources and enforcement
of living marine resource laws.
The Coast Guard works in collaboration with NMFS to prevent ship
strikes. The Coast Guard issues local and written periodic notices to
mariners concerning ship strikes, issues NAVTEX messages alerting
mariners to the location of right whales, and actively participates in
the Mandatory Ship Reporting (MSR) System that provides information to
mariners entering right whale habitat. In addition, the Coast Guard
provides patrols dedicated to enforcement of the ESA and the MMPA,
provides limited vessel and aircraft support to facilitate right whale
research and monitoring, and disseminates NMFS information packets to
vessels boarded in or near right whale waters. NMFS asked the Coast
Guard for assistance in its ship-strike rulemaking by conducting this
PARS.
When are port access route studies required? Under the Ports and
Waterways Safety Act (PWSA) (33 U.S.C. 1223(c)), the Commandant of the
Coast Guard may designate necessary
[[Page 8314]]
fairways and traffic separation schemes (TSSs) to provide safe access
routes for vessels proceeding to and from U.S. ports. The PWSA provides
that such designation of fairways and TSSs must recognize, within the
designated areas, the paramount right of navigation over all other
uses.
The PWSA requires the Coast Guard to conduct 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.
What are the timetable, study area, and process of this PARS? The
Vessel Traffic Management Division (G-MWV) of Coast Guard Headquarters
will conduct this PARS. The study will begin immediately and must be
completed by September, 2005, in order for the Coast Guard and NMFS to
prepare their required report to Congress by January, 2006.
The study area is divided into two regions described as follows:
1. Northern region: Cape Cod Bay; the area off Race Point at the
northern end of Cape Cod (Race Point) and the Great South Channel.
2. Southern region: The area bounded to the north by a line drawn
at latitude 31[deg] 27'N (which coincides with the northernmost
boundary of the mandatory ship reporting system) and to the south by a
line drawn at latitude line 29[deg] 45'N. The eastern offshore boundary
is formed by a line drawn at longitude 81[deg] 00'W and the western
boundary is formed by the shoreline. Included in this area are the
ports of Jacksonville and Fernandina, FL, and Brunswick, GA.
As part of this study, we will consider previous studies, analyses
of vessel traffic density, and agency and stakeholder experience in and
public comments on vessel traffic management, navigation, ship
handling, and affects of weather. We encourage you to participate in
the study process by submitting comments in response to this notice.
We will publish the results of the PARS in the Federal Register.
The study may--
1. Recommend implementing the vessel routing measures identified in
the NMFS ANPRM for the two areas;
2. Recommend creating vessel routing measures other than those
proposed in the NMFS ANPRM for the two areas;
3. Validate existing vessel routing measures, if any, and conclude
that no changes are necessary; or
4. Recommend changes be made to the existing vessel routing
measures, if any, in order to reduce the threat of ship strikes of
right whales.
The recommendations may lead to future rulemakings or appropriate
international agreements.
Possible Scope of the Recommendations
We expect that information gathered during the study will identify
any problems and appropriate solutions. The study may recommend that,
in any or all of the study areas, all or some of the following items be
accompished:
1. Maintain current vessel routing measures, if any.
2. Establish Traffic Separation Schemes (TSS) at the entrances to
the identified ports.
3. Designate recommended or mandatory routes.
4. Create one or more precautionary areas.
5. Create one or more inshore traffic zones.
6. Create deep-draft routes.
7. Establish area(s) to be avoided (ATBA).
8. Establish, disestablish, or modify anchorage grounds.
9. Establish a Regulated Navigation Area (RNA) with specific vessel
operating requirements to ensure safe navigation near shallow water.
10. Identify any other appropriate ships' routing measures to be
used.
Questions
To help us conduct the port access route study, we request comments
on 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.
1. What navigational hazards do vessels operating in the study
areas face? Please describe.
2. Are there strains on the current vessel routing system, such as
increasing traffic density? If so, please describe.
3. What are the benefits and drawbacks to modifying existing vessel
routing measures, if any, or establishing new routing measures such as
those described in the NMFS ANPRM? If so, please describe.
4. What impacts, both positive and negative, would changes to
existing routing measures, if any, or new routing measures, such as
those described in the NMFS ANPRM, have on the study area?
Dated: February 10, 2005.
Howard L. Hime,
Acting Director of Standards, Marine Safety, Security and Environmental
Protection.
[FR Doc. 05-3117 Filed 2-17-05; 8:45 am]
BILLING CODE 4910-15-M
