[Federal Register: April 8, 2004 (Volume 69, Number 68)]
[Rules and Regulations]               
[Page 18476-18478]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ap04-7]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 167

[USCG-2001-11201]

 
Port Access Routes Study; Along the Sea Coast and in the 
Approaches to the Cape Fear River and Beaufort Inlet, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of study results.

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SUMMARY: The Coast Guard announces the completion of a Port Access 
Route Study that evaluated the need for modifications to current vessel 
routing and traffic management measures along the sea coast and in the 
approaches to the Cape Fear River and Beaufort Inlet, North Carolina. 
The study was completed in February 2004. This notice summarizes the 
study recommendations, which include the creation of a traffic 
separation scheme and an offshore anchorage area in the approach to the 
Cape Fear River and an offshore anchorage area in the vicinity of 
Beaufort Inlet, North Carolina.

ADDRESSES: Comments and material received from the public, as well as 
the actual study and other documents mentioned in this notice, are part 
of docket USCG-2001-11201 and are available for inspection or copying 
at the Docket Management Facility, U.S. Department of Transportation, 
room PL-401, 400 Seventh Street SW., Washington, DC, 20590-0001, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. You may also find this docket on the Internet at http://dms.dot.gov
.


FOR FURTHER INFORMATION CONTACT: For further information on this 
notice, contact John Walters, Aids to Navigation and Waterways 
Management Branch, Fifth Coast Guard District, telephone 757-398-6230, 
e-mail Jwalters@lantd5.uscg.mil; or George Detweiler, Office of Vessel 
Traffic Management, Coast Guard, telephone 202-267-0416, e-mail 
Gdetweiler@comdt.uscg.mil. For questions on viewing the docket, contact 

Andrea M. Jenkins, Program Manager, Docket Operations, telephone 202-
366-0271.

SUPPLEMENTARY INFORMATION: You may obtain a copy of the Port Access 
Route Study by contacting either person listed under the FOR FURTHER 
INFORMATION CONTACT section. A copy is also available in the public 
docket at the address listed under the ADDRESSES section and 
electronically on the DMS Web Site at http://dms.dot.gov.


Definitions

    The following definitions are from the International Maritime 
Organization's (IMO's) ``Ships' Routeing Guide'' (except those marked 
by an asterisk) and should help you review this notice:
    Offshore anchorage area* means an anchorage area located in the 3-
to-12-nautical-mile belt of the territorial sea in which vessels 
directed by the Captain of the Port (COTP) to await further orders 
before entering a U.S. port may stand-by or anchor.
    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.
    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 width in which one-way 
traffic is established. Natural obstacles,

[[Page 18477]]

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.
    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, inshore traffic zones, roundabouts, precautionary areas, 
and deep-water routes.

Background and Purpose

When Did the Coast Guard Conduct This Port Access Route Study (PARS)?

    We announced the PARS in a notice published in the Federal Register 
on January 18, 2002, (67 FR 2616). This notice had a comment submission 
deadline of March 19, 2002. On April 16, 2002, we reopened the comment 
period in a notice published in the Federal Register (67 FR 18527). The 
submission deadline for this comment period was May 19, 2002.

What is the Study Area?

    The study area encompassed the area bounded by a line connecting 
the following geographic points (All coordinates are NAD 1983.):

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
34[deg]40' N..............................  77[deg]00' W
34[deg]40' N..............................  76[deg]15' W
34[deg]10' N..............................  76[deg]15' W
33[deg]15' N..............................  77[deg]30' W
33[deg]00' N..............................  78[deg]20' W
33[deg]50' N..............................  78[deg]20' W
33[deg]50' N..............................  77[deg]55' W
------------------------------------------------------------------------

    The study area encompasses the approaches to the Cape Fear River 
and Beaufort Inlet, as well as the area offshore of North Carolina used 
by commercial, private, recreation, fishing, and public vessels 
transiting to and from these ports.

Why Did the Coast Guard Conduct This PARS?

    The approaches to the Cape Fear River and Beaufort Inlet, NC were 
last studied in 1981, and the final results were published in the 
Federal Register on July 22, 1982 (47 FR 31766). The study concluded 
that ``there is no need to impose new ship routing measures such as 
TSS's or shipping safety fairways where fixed structures would be 
prohibited, in any'' area off the North Carolina coast.
    Vessel size, traffic density and channel depth and width have 
changed since the 1981 study. Major channel depth, width and alignment 
changes are currently underway in the Cape Fear River and port of 
Wilmington, NC. A PARS was initiated in 1996 (61 FR 35703; July 8, 
1996), but was not completed due to personnel and funding issues. The 
U.S. Army Corps of Engineers' (ACoE) report, ``Waterborne Commerce of 
the United States'' reports that, from 1981 to 1999, annual trips to 
and from the Port of Wilmington, NC, increased from 10,060 to 24,190 or 
140% and the number of trips to and from Morehead City, NC, decreased 
from 7,842 to 3,388 or 57%.
    Since 1981 the North Carolina State Ports Authority (NCSPA) has 
initiated a capital improvement program to reinvest in its ports. The 
entire Cape Fear River Channel has been deepened to 42 feet with 
portions of the channel to be widened for a passing lane in 2005. The 
approaches over Bald Head Shoals have been realigned to take advantage 
of the original riverbed with depths of 44 feet. The new alignment at 
the approaches was opened to marine traffic in December 2003. In 
addition to the ACoE's newly deepened channel, the U.S. Coast Guard has 
made improvements to 8 aids to navigation ranges, and is planning to 
improve an additional 13 ranges to enhance the safety of marine 
navigation on the river. The ACoE expects the deepening project to 
produce estimated annual benefits of $34 million per year compared to 
the estimated annual cost of $26 million. Additionally, NCSPA estimates 
the deepened channel will allow container ships to carry up to an 
additional $12 million of cargo to and from the port of Wilmington. The 
NCSPA is expecting shipping companies not now calling at Wilmington to 
consider making Wilmington a regular call due to the deepened channel.
    The Port of Wilmington opened a new facility to handle the export 
and import of grain and other bulk commodities in May 2003. The port of 
Wilmington has four container cranes with capacity up to 50 long-tons, 
four gantry cranes with capacity up to 225 tons, one 140 ton mobile 
crane, 59 lift trucks with 3,000 to 52,000 pound capacities, nine top-
lift container handlers and two 30-ton mobile cranes.
    The Port of Morehead City has recently been receiving cargoes of 
domestic scrap metals via ocean barges or vessels for transshipment via 
river barge to mills via the Intracoastal Waterway and is planning 
improvements to the Radio Island property. This port has one 40 long-
ton container crane, two 115-ton capacity gantry cranes, and 36 lift 
trucks with 4,000 to 70,000 pound capacities. Both ports have truck and 
rail connections.
    The safety and security of the United States is a top priority for 
our nation. As the awareness of threats to this country increases, the 
plans for preparedness and prevention of emergency situations have 
evolved to address threats against America's shorelines. Since every 
scenario cannot be perfectly planned for, it is important to provide 
flexibility for alternatives. As an example, if an inbound vessel is 
denied permission to enter the Cape Fear River or Beaufort Inlet, that 
vessel needs a designated place to anchor or maintain station so as not 
to introduce an increased navigational threat to other vessels 
transiting the approaches. In a designated area, the position and 
status of a vessel may be monitored and easily accessed by security or 
inspection personnel.
    Within the study area, there exist grounds that could support 
anchoring any of the largest vessels that call upon the Port of 
Wilmington now or in the future. No designated anchorages exist off 
Beaufort Inlet that can be used by naval and commercial vessels. An 
existing anchorage ground adjacent to the Cape Fear River became 
obsolete since available water depths are less than the drafts of 
current and expected larger ships of the future. An offshore anchorage 
area off the Cape Fear River approaches should be established for 
munitions ships to await favorable conditions to berth at the U.S. 
Army's Military Ocean Terminal Sunny Point. Designating an anchorage 
area off Beaufort Inlet also provides a temporary place for vessels 
carrying munitions or other hazardous cargoes to be directed. Both 
anchorages will provide a temporary place for vessels to be directed 
while the appropriate authorities determine their situation under the 
authority of the Magnuson Act.

How Did the Coast Guard Conduct This PARS?

    First, we announced the start of the study through a Notice of 
Study published in the Federal Register on January 18, 2002, (67 FR 
2616). This notice identified potential study recommendations and 
solicited comments concerning these recommendations as well as answers 
to questions provided in the notice. Second, we considered previous 
studies, analyses of vessel traffic density, and agency and stakeholder 
experience in vessel traffic management, navigation, ship handling, and 
the effects of weather. This PARS recommendations are based mainly on

[[Page 18478]]

comments received to the docket and the results of the previous 
studies, analyses, and agency and stakeholder experience.

Study Recommendations

    The PARS recommendations include the following:
    1. Establish a Precautionary Area near the approaches to the Cape 
Fear River. A pilot transfer area will be located inside the 
precautionary area.
    2. Establish a Traffic Separation Scheme (TSS) near the approaches 
to the Cape Fear River.
    3. Establish offshore anchorage areas near the approaches to the 
Cape Fear River and Beaufort Inlet, NC.

Next Steps

    A brief synopsis of how the PARS recommendations will proceed 
towards implementation follows:
    1. Establishing a TSS will require approval by the International 
Maritime Organization (IMO). The addition of the TSS to the Code of 
Federal Regulations (CFR) will be accomplished through the rulemaking 
process.
    2. The establishment of offshore anchorage areas will be 
accomplished through the rulemaking process.
    3. Changes to aids to navigation resulting from the above actions 
will be accomplished through the following established procedures--
notification of proposed changes in the Local Notice to Mariners with 
an opportunity for comment and notification of the final changes in the 
Local Notice to Mariners.

Conclusion

    We appreciate the comments we received concerning the PARS. We will 
provide ample opportunity for additional comments on any recommended 
changes to existing routing or operational measures that require 
codification through notices of proposed rulemakings (NPRMs) published 
in the Federal Register.

    Dated: March 31, 2004.
Howard L. Hime,
Acting Director of Standards, Marine Safety, Security & Environmental 
Protection.
[FR Doc. 04-7956 Filed 4-7-04; 8:45 am]

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