[Federal Register Volume 64, Number 16 (Tuesday, January 26, 1999)]
[Proposed Rules]
[Pages 3888-3889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1696]
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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,
Florida
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 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: 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 [CGD07-99-002] 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
the 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. All
vessels will also be required to have an English speaking watchstander
monitor Channel 16 VHF at all times.
Regualtory 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
[[Page 3889]]
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 will not
have a significant economic impact on a substantial number of small
entities as it will only affect 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.
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. In Sec. 110.188 add new paragraphs (b)(9), (b)(10) and (b)(11)
to read as follows:
Sec. 110.188 Atlantic Ocean off Miami and Miami Beach, FL
* * * * *
(b) The regulations. * * *
(9) All vessels desiring to use the Anchorage must notify the Coast
Guard 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.
N.T. Saunders,
RADM, U.S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 99-1696 Filed 1-25-99; 8:45 am]
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