Anchorage Grounds; Atlantic Ocean off Miami and Miami Beach, Florida

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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