Proposed Rule2026-08699
Shipping Safety Fairways Along the Atlantic Coast
Primary source
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Published
May 5, 2026
Effective
January 19, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
On January 19, 2024, the Coast Guard published a proposed rule to establish shipping safety fairways ("fairways") and related vessel routing measures along the Atlantic coast, from Long Island, New York to Port St. Lucie, Florida to preserve safe and reliable transit of vessels along well-established traffic patterns and routes and to further improve navigation safety. The Coast Guard is reopening the comment period for the proposed rulemaking for an additional 45 days to allow the public to submit additional comments on the proposed rule while the draft Programmatic Environmental Impact Statement is also available for public comment.
Full Text
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<title>Federal Register, Volume 91 Issue 86 (Tuesday, May 5, 2026)</title>
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[Federal Register Volume 91, Number 86 (Tuesday, May 5, 2026)]
[Proposed Rules]
[Pages 24152-24153]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08699]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 166 and 167
[Docket No. USCG-2019-0279]
RIN 1625-AC57
Shipping Safety Fairways Along the Atlantic Coast
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notice of proposed rulemaking; reopening of the comment period.
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SUMMARY: On January 19, 2024, the Coast Guard published a proposed rule
to establish shipping safety fairways (``fairways'') and related vessel
routing measures along the Atlantic coast, from Long Island, New York
to Port St. Lucie, Florida to preserve safe and reliable transit of
vessels along well-established traffic patterns and routes and to
further improve navigation safety. The Coast Guard is reopening the
comment period for the proposed rulemaking for an additional 45 days to
allow the public to submit additional comments on the proposed rule
while the draft Programmatic Environmental Impact Statement is also
available for public comment.
[[Page 24153]]
DATES: The comment period for the proposed rulemaking published on
January 19, 2024, at 89 FR 3587, is reopened. Comments and related
material must be received by the Coast Guard on or before June 22,
2026.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0279 at <a href="http://www.regulations.gov">www.regulations.gov</a>. See the ``Public Participation and
Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section
for further instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: For information about this document,
call or email Maureen Kallgren, Coast Guard; telephone 202-372-1561,
email <a href="/cdn-cgi/l/email-protection#9dd0fce8eff8f8f3b3cfb3d6fcf1f1faeff8f3dde8eefefab3f0f4f1"><span class="__cf_email__" data-cfemail="fdb09c888f989893d3afd3b69c91919a8f9893bd888e9e9ad3909491">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
The Coast Guard views public participation as essential to
effective rulemaking, and will consider all comments and material
received during the comment period. Your comment can help shape the
outcome of this rulemaking. If you submit a comment, please include the
docket number for this rulemaking, indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. We review all comments received.
Submitting comments. We encourage you to submit comments at
<a href="http://www.regulations.gov">www.regulations.gov</a>. To do so, go to <a href="http://www.regulations.gov">www.regulations.gov</a>, type USCG-
2019-0279 in the search box and click ``Search.'' Next, look for this
document in the Search Results column, and click on it. Then click on
the Comment option. If you cannot submit your material by using
<a href="http://www.regulations.gov">www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this notice for alternate instructions.
Personal information. We accept anonymous comments. All comments we
post to <a href="http://www.regulations.gov">www.regulations.gov</a> will include any personal information you
have provided. For more about privacy and submissions in response to
this document, see the DHS's eRulemaking System of Records notice (85
FR 14226, March 11, 2020).
Background and Discussion
On January 19, 2024, the Coast Guard published a notice of proposed
rulemaking (NPRM), ``Shipping Safety Fairways Along the Atlantic
Coast'' (89 FR 3587). In the NPRM, we proposed to establish shipping
safety fairways (``fairways''), traffic separation schemes (TSS),
precautionary areas, and one fairway anchorage along the Atlantic Coast
of the United States from Long Island, New York to Port St. Lucie,
Florida, identified in the Atlantic Coast Port Access Route Study.
Fairways would preserve the safe and reliable transit of vessels along
well-established traffic patterns and routes. While vessels are not
required to use them, fairways are designed to keep traditional
navigation routes free from fixed structures that could impact
navigation safety and impede other shared offshore activities.
The Coast Guard recognizes that there is increasing interest in
offshore commercial development and believes this development is best
served by establishing consistent and well-defined fairways and one
fairway anchorage. The proposed fairways and fairway anchorage
facilitate safe and efficient commercial shipping traffic, ensuring
consistent and secure access to the major ports of the U.S. Atlantic
Coast. The Coast Guard is also proposing to establish traffic
separation schemes and precautionary areas along the Atlantic coast to
further enhance navigational safety. The NPRM provided for a 90-day
comment period, which was extended for 30 days (89 FR 20582) and closed
on May 17, 2024.
Draft Programmatic Environmental Impact Statement
As noted in section VII.M. of the NPRM, the Coast Guard published
the NPRM without the draft National Environmental Policy Act document
that usually accompanies an NPRM. The Coast Guard has prepared that
document, a draft Programmatic Environmental Impact Statement/Overseas
Environmental Impact Statement (draft PEIS/OEIS), to evaluate the
potential environmental effects associated with this proposed rule. The
draft PEIS/OEIS also evaluates potential routing measures in the Gulf
of Maine described in the separate advance notice of proposed
rulemaking (ANPRM), ``Shipping Safety Fairways in the Gulf of Maine''
(89 FR 91296), as well as additional vessel routing measures for
purposes of programmatic NEPA review that may be addressed, if at all,
through separate future rulemakings. The Coast Guard will provide the
draft PEIS/OEIS and other documentation for public review and comment
in docket USCG-2023-0928.
The Coast Guard is reopening the public comment period of the NPRM
to align with the opening of the public comment period of the draft
PEIS/OEIS (see docket USCG-2023-0928). This allows the interested
public to submit any additional comments they may have on the proposed
vessel routing measures in the NPRM after reviewing the draft PEIS/
OEIS.
Supplemental Regulatory Analysis
In addition to providing an opportunity for the public to comment
on the proposed vessel routing measures in the NPRM, the Coast Guard is
providing a supplemental regulatory analysis for public comment
(available in the docket). President Trump issued Executive Order 14148
(Initial Rescission of Harmful Executive Orders and Actions) (90 FR
8237) on January 25, 2025. That Executive order revoked Executive Order
14008 (Tackling the Climate Crisis at Home and Abroad). On April 9,
2025, President Trump issued Executive Order 14269 (Restoring America's
Maritime Dominance) (90 FR 15635), which focuses on strengthening
America's maritime sector. The Coast Guard evaluated the regulatory
analysis in the NPRM and identified how the proposed regulation
facilitates maritime commerce and may allow for cost savings in the
industry.
Additionally, after reviewing public comments submitted to the NPRM
docket as well as comments received during our public meetings, the
Coast Guard noted that the shipping industry was generally supportive
of codifying the fairways. As such, the Coast Guard has further
assessed the impacts of the proposed rule that were not identified at
the time of publication of the NPRM. The Coast Guard appreciates any
comments on the supplemental regulatory analysis for the NPRM.
Request for Comments
To provide the public with the opportunity to submit any additional
comments on the NPRM and supplemental economic analysis while the draft
PEIS is also available for review, we have decided to reopen the public
comment period for 45 days. The comment period is now open through June
22, 2026. We request that you do not resubmit comments already in the
docket.
This notice is issued under the authority of 5 U.S.C. 552(a).
February 13, 2026.
Robert C. Compher,
Captain, U.S. Coast Guard, Acting Assistant Commandant for Prevention
Policy.
[FR Doc. 2026-08699 Filed 5-4-26; 8:45 am]
BILLING CODE 9110-04-P
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