[Federal Register Volume 64, Number 16 (Tuesday, January 26, 1999)]
[Proposed Rules]
[Pages 3889-3890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1695]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 110

[CGD07-98-079]
RIN 2115-AA98


Anchorage Grounds; Port Everglades, 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 Port Everglades, 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: Comments must be received on or before March 29, 1999.

ADDRESSES: Comments may be mailed to U.S. Coast Guard Marine Safety 
Office Miami, 100 MacArthur Causeway Miami Beach, Florida 33139, or may 
be delivered to the same address between 7 a.m. and 3:30 p.m., Monday 
through Friday, except federal holidays. The telephone number is (305) 
535-8705. Comments will become a part of the public docket and will be 
available for copying and inspection at the same address.

FOR FURTHER INFORMATION CONTACT: CWO Marcos DeJesus, Coast Guard Marine 
Safety Office Miami, at (305) 535-8762.

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 [CGD07-98-079] 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

    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 
beach or onto 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. The 
proposed regulations will also require vessels 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

[[Page 3890]]

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 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. 601 et seq.) that this rule will 
not have a significant economic impact on a substantial number of small 
entities as it will only effect anchored vessels in the waters off Port 
Everglades 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. An environmental analysis 
checklist and Categorical Exclusion Determination will be completed 
during the comment period.

List of Subjects in 33 CFR Part 110

    Anchorage grounds

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: 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. Revise Sec. 110.186(b) to read as follows:


Sec. 110.186  Port Everglades, Florida.

* * * * *
    (b) The regulations.
    (1) Commercial vessels in the Atlantic Ocean in the vicinity of 
Port Everglades shall anchor only within the anchorage area hereby 
defined and established, expect in cases of emergency.
    (2) Prior to entering the anchorage area, all vessels shall notify 
the Coast Guard Captain of the Port, via the Port Everglades 
Harbormaster, on VHF-FM Channel 14.
    (3) All vessels 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.
    (4) 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.
    (5) 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.
    (6) Commercial vessels anchoring under emergency circumstances 
outside the anchorage area shall shift to new positions within the 
anchorage area immediately after the emergency ceases.
N.T. Saunders,
RADM, U.S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 99-1695 Filed 1-25-99; 8:45 am]
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