Anchorage regulations: Florida,

[Federal Register: August 4, 1999 (Volume 64, Number 149)]

[Rules and Regulations]

[Page 42279-42280]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr04au99-6]

[[Page 42279]]

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.

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. 99-20024Filed8-3-99; 8:45 am]

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