99-10431. Anchorage Grounds; Atlantic Ocean off Miami and Miami Beach, FL  

  • [Federal Register Volume 64, Number 80 (Tuesday, April 27, 1999)]
    [Rules and Regulations]
    [Pages 22554-22555]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-10431]
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    Coast Guard
    
    33 CFR Part 110
    
    [CGD07-99-002]
    RIN 2115-AA98
    
    
    Anchorage Grounds; Atlantic Ocean off Miami and Miami Beach, FL
    
    AGENCY: Coast Guard, DOT.
    
    ACTION: Final rule.
    
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    SUMMARY: The Coast Guard is amending the Anchorage Regulations for the 
    Atlantic Ocean off Miami and Miami Beach, FL. The amendment is needed 
    to strengthen existing anchoring requirements and guidelines in order 
    to provide a higher degree of protection to the coastal area during 
    periods of adverse weather which could cause anchored vessels to drag 
    anchor and strike other vessels, or become grounded.
    
    DATES: This rule becomes effective May 27, 1999.
    
    FOR FURTHER INFORMATION CONTACT: CWO Marcos DeJesus, Coast Guard Marine 
    Safety Office Miami, at (305) 535-8762.
    
    SUPPLEMENTARY INFORMATION: 
    
    Regulatory History
    
        The Coast Guard published a Notice of Proposed Rulemaking in the 
    Federal Register on January 26, 1999 (64 FR 3888) proposing to amend 
    the Anchorage Regulations for Miami and Miami Beach. No comments were 
    received during the comment period.
    
    Background and Purpose
    
        The east coast of Florida is susceptible to many erratic weather 
    changes, and mariners who are not vigilant to the seas often discover 
    themselves in dangerous situations. In recent years, a number of vessel 
    groundings have resulted from vessels dragging anchor and drifting into 
    the beach or into reefs during bad weather. These amendments are 
    intended to reduce these incidents by modifying the existing anchoring 
    requirements and guidelines to account for possible adverse weather 
    situations. The amended regulations will require vessels to notify the 
    Captain of the Port when entering the anchorage areas and when any 
    casualty or work affects the main propulsion or steering equipment. All 
    vessels will also be required to have an English speaking watchstander 
    monitor Channel 16 VHF at all times.
    
    Regulatory Evaluation
    
        This rule is not a significant regulatory action under section 3(f) 
    of Executive Order 12866 and does not require an assessment of 
    potential costs and benefits under section 6(a)(3) of that order. It 
    has been exempted from review by the Office of Management and Budget 
    under that order. It is not significant under the regulatory policies 
    and procedures of the Department of Transportation (DOT) (44 FR 11040; 
    February 26, 1979). The Coast Guard expects the economic impact of this 
    proposal to be so minimal that a full Regulatory Evaluation under 
    paragraph 10e of the regulatory policies and procedures of DOT is 
    unnecessary.
    
    Small Entities
    
        Under the Regulatory Flexibility Act (5 U.S.C. 601 et. seq.), the 
    Coast Guard must consider whether this rule will have a significant 
    economic effect upon a substantial number of small entities. ``Small 
    entities'' include small businesses, not-for-profit organizations that 
    are independently owned and operated and are not dominant in their 
    fields, and governmental jurisdictions with populations of less than 
    50,000.
        Therefore, the Coast Guard certifies under section 605(b) of the 
    Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this rule will 
    not have a significant economic impact on a substantial number of 
    entities as it will only effect anchored vessels in the waters off 
    Miami and Miami Beach and the changes are minor in nature.
    
    Collection of Information
    
        This rule contains no collection of information requirements under 
    the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
    
    Federalism
    
        The Coast Guard has analyzed this rule under the principles and 
    criteria contained in Executive Order 12612 and has determined that 
    this rule does not have sufficient federalism implications to warrant 
    the preparation of a Federalism Assessment.
    
    Environmental Assessment
    
        The Coast Guard considered the environmental impact of this rule 
    and concluded under Figure 2-1, paragraph 34(f) of Commandant 
    Instruction M16475.1C, that this rule is categorically excluded from 
    further environmental documentation. A Categorical Exclusion 
    Determination has been prepared and is available in the docket for 
    inspection or copying.
    
    List of Subjects in 33 CFR Part 110
    
        Anchorage grounds.
    
        In consideration of the foregoing, the Coast Guard amends Part 110 
    of Title 33, Code of Federal Regulations as follows:
    
    PART 110--[AMENDED]
    
        1. The authority citation for Part 110 continues to read as 
    follows:
    
        Authority: 33 U.S.C. 471, 2030, 2035, and 2071; 49 CFR 1.46 and 
    33 CFR 1.05-1(g). Section 110.1a and each section listed in 110.1a 
    is also issued under 33 U.S.C. 1223 and 1231.
    
        2. In Sec. 110.188, add new paragraphs (b)(9) through (b)(12) to 
    read as follows:
    
    
    Sec. 110.188  Atlantic Ocean off Miami and Miami Beach, Florida.
    
    * * * * *
        (b) The regulations.
    * * * * *
        (9) All vessels desiring to use the Anchorage must notify the Coast 
    Guard
    
    [[Page 22555]]
    
    Captain of the Port, via the Biscayne Bay Pilots on VHF-FM Channel 12 
    or 16.
        (10) All vessels anchored within the anchorage area shall maintain 
    a 24-hour bridge watch by an English speaking licensed deck officer 
    monitoring VHF-FM Channel 16. This individual shall perform frequent 
    checks of the vessel's position to ensure the vessel is not dragging 
    anchor.
        (11) Vessels experiencing casualties such as a main propulsion, 
    main steering or anchoring equipment malfunction or which are planning 
    to perform main propulsion engine repairs or maintenance, shall 
    immediately notify the Coast Guard Captain of the Port via the Coast 
    Guard Group Miami on VHF-FM Channel 16.
        (12) The Coast Guard Captain of the Port may close the anchorage 
    area and direct vessels to depart the anchorage during periods of 
    adverse weather or at other times as deemed necessary in the interest 
    of port safety.
    
        Dated: April 13, 1999.
    G.W. Sutton,
    Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
    District.
    [FR Doc. 99-10431 Filed 4-26-99; 8:45 am]
    BILLING CODE 4910-15-M
    
    
    

Document Information

Effective Date:
5/27/1999
Published:
04/27/1999
Department:
Coast Guard
Entry Type:
Rule
Action:
Final rule.
Document Number:
99-10431
Dates:
This rule becomes effective May 27, 1999.
Pages:
22554-22555 (2 pages)
Docket Numbers:
CGD07-99-002
RINs:
2115-AA98: Special Anchorage Areas/Anchorage Grounds Regulations
RIN Links:
https://www.federalregister.gov/regulations/2115-AA98/special-anchorage-areas-anchorage-grounds-regulations
PDF File:
99-10431.pdf