[Federal Register Volume 64, Number 97 (Thursday, May 20, 1999)]
[Proposed Rules]
[Pages 27487-27488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11682]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 110
[CGD07-99-023]
RIN 2115-AA98
Special Anchorage Areas; St. Johns River, Jacksonville, FL
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend the Anchorage Regulations
for the St. Johns River in Jacksonville, FL. The amendment will improve
the safety of vessels anchoring within and transiting these anchorage
areas by imposing additional notification and VHF-FM channel monitoring
requirements.
DATES: Comments must be received on or before July 19, 1999.
ADDRESSES: Comments may be mailed to Commanding Officer Coast Guard
Marine Safety Office Jacksonville, 7820 Arlington Expressway, Suite
400, Jacksonville, Florida 32211, or may be delivered to above address
between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal
holidays. The telephone number is (904) 232-2640. Comments will become
part of this docket and will be available for inspection or copying at
the above address.
FOR FURTHER INFORMATION CONTACT:
LT Zachary Pickett, Coast Guard Marine Safety Office Jacksonville, at
(904) 232-2640, ext. 128.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking [CGD07-99-023] and the specific section of
this proposal to which each comment applies and give the reason for
each comment.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a public
hearing by writing to the address under ADDRESSES. The request should
include the reasons why a hearing would be beneficial. If the Coast
Guard determines that the opportunity for oral presentations will aid
this rulemaking, it will hold a public hearing at a time and place
announced by a notice in the Federal Register.
Background and Purpose
A natural working group established by the Jacksonville Waterways
Management Council proposed additional safety requirements for vessels
using Anchorage Areas A and B within the St. Johns River. The Captain
of the Port agreed with the finding of the Council and has proposed
regulations to improve the safety of vessels anchoring within and
transiting the anchorage areas. The amended regulations will require
all vessels intending to anchor to notify the Captain of the Port, and
all anchoring vessels will be required to monitor Channels 13 and 16
VHF-FM at all times. Also, while in the anchorage area, all vessels
transferring petroleum products and all vessels over 300 feet in length
will be required to have a pilot or dock master on board and will be
required to employ sufficient tugs to ensure safety.
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 as these regulations will only economically effect
approximately 30 vessels a year.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposed rule, if adopted 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. et seq.) that this rule will not
have a significant economic impact on a substantial number of small
entities as the tug employment and pilot requirements will only effect
approximately 30 vessels each year in the waters of the St. Johns
River, and the other changes are only minor in nature.
If, however, you think that your business or organization qualifies
as a small entity and that this proposed rule will have a significant
economic impact on your business or organization, please submit a
comment (see ADDRESSES) explaining why you think it qualifies and in
what way and to what degree this proposed rule will economically affect
it.
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 completed and is available in the docket for
inspection or copying.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
[[Page 27488]]
Proposed Regulation: In consideration of the foregoing, the Coast
Guard proposes to amend 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: 93 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. Revise paragraph (b) of Sec. 110.183 to read as follows:
Sec. 110.183 St. Johns River, Florida.
* * * * *
(b) The regulations. (1) Except in cases of emergency, only vessels
meeting the conditions and restrictions of this subsection will be
authorized by the Captain of the Port to anchor in the St. Johns River,
as depicted on NOAA chart 11491, between the entrance buoy (STJ) and
the Main Street Bridge (in approximate position 30-19.20N, 81-39-32W).
Vessels unable to meet any of the following conditions and restrictions
must obtain specific authorization from the Captain of the Port prior
to anchoring in Anchorage A or B.
(2) All vessels intending to enter and anchor in Anchorage A or B
shall notify the Captain of the Port prior to entering.
(3) Anchorages A and B are temporary anchorages. Additionally,
Anchorage B is used as a turning basin. Vessels may not anchor for more
than 24 hours in either anchorage without specific written
authorization from the Captain of the Port.
(4) All vessels at anchor must maintain a watch on VHF-FM channels
13 and 16 by a person fluent in English, and shall make a security
broadcast on channel 13 upon anchoring and every 4 hours thereafter.
(5) Anchorage A is restricted to vessels less than 250 feet in
length.
(6) Anchorage B is restricted to vessels with a draft of 24 feet or
less, regardless of length.
(7) Any vessel transferring petroleum products within Anchorage B
shall have a pilot or Docking Master abroad, and employ sufficient
assist tugs to assure the safety of the vessel at anchor and any
vessels transiting the area.
(8) Any vessel over 300 feet in length within Anchorage B shall
have a Pilot or Docking Master aboard, and employ sufficient assist
tugs to assure the safety of the vessel at anchor and any vessels
transiting the area.
Dated: April 29, 1999.
G.W. Sutton,
Captain, U.S. Coast Guard Commander, Seventh Coast Guard District,
Acting.
[FR Doc. 99-11682 Filed 5-19-99; 8:45 am]
BILLING CODE 4910-14-M
