[Federal Register Volume 64, Number 149 (Wednesday, August 4, 1999)]
[Rules and Regulations]
[Pages 42279-42280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20024]



[[Page 42279]]

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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, Florida

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending 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, tug employment, and VHF-FM channel 
monitoring requirements.

DATES: This rule becomes effective September 3, 1999.

FOR FURTHER INFORMATION CONTACT: LT Zachary Pickett, Coast Guard Marine 
Safety Office Jacksonville, at (904) 232-2640, ext. 128.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On May 20, 1999, the Coast Guard published a notice of proposed 
rulemaking in the Federal Register (64 FR 27487). No comments were 
received during the comment period.

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 findings of the Council. The amended 
regulations require all vessels intending to anchor in the St. Johns 
anchorage 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 affect 
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 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 small 
entities as the tug employment and pilot requirements will only affect 
approximately 30 vessels each year, and the other changes are only 
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 completed and is available in the docket for 
inspection or copying.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

Final Regulation

    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. Revise Sec. 110.183(b) to read as follows:


Sec. 110.183  St. Johns River, Florida.

* * * * *
    (b)  *  *  *
    (1) Except in cases of emergency, only vessels meeting the 
conditions and restrictions of this paragraph 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 position 30 deg.19'20''N, 81 deg.39'32''W). 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 aboard, 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.


[[Page 42280]]


    Dated: July 27, 1999.
G.W. Sutton,
Captain U.S. Coast Guard, Commander, Seventh Coast Guard District 
Acting.
[FR Doc. 99-20024 Filed 8-3-99; 8:45 am]
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