[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]
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