[Federal Register: April 27, 1999 (Volume 64, Number 80)] [Rules and Regulations] [Page 22554-22555] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr27ap99-7] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 4910-15-M