[Federal Register Volume 82, Number 116 (Monday, June 19, 2017)]
[Rules and Regulations]
[Pages 27773-27775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12573]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket Number USCG-2015-0729]
RIN 1625-AA01
Port of Miami Anchorage Area; Atlantic Ocean, Miami Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is dividing its Miami anchorage ground into
two separate anchorage areas. This action is necessary to reduce
potential damage to threatened coral posed by anchoring vessels. The
area for vessels to anchor will be reduced by approximately 3 square
nautical miles, but this rule still leaves vessels with approximately
1.5 square miles of anchorage areas.
DATES: This rule is effective from July 19, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0729 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Paul Lehmann, Coast Guard Seventh District Prevention
Waterways Management Division, U.S. Coast Guard; telephone (305) 415-
6796, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On December 1, 2015, the Coast Guard published a notice of study
that indicated we were evaluating amending the Miami Anchorage, based
on the location of coral reefs off the coast of Florida. The Coast
Guard received four comments in response to the notice of study during
the period that ended on February 1, 2016. In coordination with several
interested parties, the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) on May 10, 2016 (81 FR 28788). Four additional
comments were received in response to the NPRM. The comment period for
the NPRM closed on July 11, 2016.
Through continued cooperation and research with stakeholders, the
Coast Guard amended the original locations and requirements stated in
the NPRM, and published these changes in a Supplemental Notice of
Proposed Rulemaking (SNPRM), on February 22, 2017 (82 FR 11329). We
received five written submissions on the SNPRM during the comment
period that ended on March 24, 2017. We did not receive any oral
comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
471. The Seventh District Commander has determined that the new
locations of the anchorage provide both a safe anchorage ground for
vessels, as well as provide for protection of the coral reef and uphold
the environmental protection mission of the Coast Guard.
IV. Discussion of Comments, Changes, and the Rule
On December 1, 2015, the Coast Guard published a notice of study
that indicated we were evaluating amending the Miami Anchorage to
divide the anchorage into two smaller anchorage areas. The proposed
amendment was designed in coordination with a variety of local
stakeholders, including the South East Florida Coral Reef Initiative
(SEFCRI). Comment provided by these stakeholders, academic research,
and environmental reports have raised concerns with the Coast Guard
about the potential for damage to the Florida Reef in the Miami
Anchorage. Examples of the body of work that influenced the Coast Guard
in proposing this amendment may be found in the docket.
In response to the notice of study, the Coast Guard received four
comments. These comments were addressed in an NPRM published on May 10,
2016. In response to the NPRM, we received four additional comments.
Two of the comments, one by the local non-profit Miami Waterkeeper and
the other by a private citizen, supported our planned modification of
the Miami Anchorage. The third and fourth comments were submitted by
the Biscayne Bay Pilots Association.
The Biscayne Bay Pilots Association (pilots) submitted a comment,
through Becky Hope of the Port of Miami, on May 17, 2016. This comment
requested the Coast Guard evaluate changes in the proposed anchorage,
including shifting the outer anchorage west and shifting the southern
boundary of the outer anchorage north. In response to these comments,
the Coast Guard met with the Pilots to discuss the requests and the
basis at which we arrived at the current anchorage configuration.
During the meeting the Coast Guard agreed to shift the western boundary
of the outer anchorage approximately 300 feet to the west to provide
more room for large anchoring vessels. This change does not have any
effect on coral or hard bottom as the sea floor in that area is sand.
On June 11, 2016, the Pilots submitted a follow up comment to the
public docket expressing concern that the outer anchorage would expose
vessels to increased current and waves and, they claim, could increase
the chance a vessel would drag anchor. In order to properly assess
environmental conditions and risk of an anchor drag, the Coast Guard
consulted with the National Weather Service and Maersk training center.
The National Weather Service conducted a study, analyzing the previous
year's current in the vicinity of the anchorage. The Weather Service
found that the average current in the area of the outer anchorage over
the previous year was approximately 1.2 knots, with currents ranging
plus or minus half a knot from the mean current seventy percent of the
time. This information was provided to the Maersk training center in
Svendborg, Denmark. Subject matter experts at the training school
indicated that the conditions posed no significant hazard and that
captains would have the training and experience to set an anchor in the
deeper waters of the outer anchorage.
Due to the additional changes requested by the various parties
involved, we published a Supplemental Notice to Proposed Rulemaking on
February 22, 2017. The Coast Guard received five comments in response
to this SNPRM. The Florida Department of Environmental Protection
supports this project as a means to reduce coral reef and hardbottom
impacts. The additional comments were in support of the rule, citing
the desire to protect natural resources while acknowledging
[[Page 27774]]
perceived minimal impact to industry and commerce.
The District Commander is amending the Miami Anchorage by dividing
the anchorage into two smaller anchorage areas. The coordinates will
establish two anchorage areas with a combined area of approximately 1.5
square miles and reduce the total anchorage area by approximately 3
square nautical miles. The anchorage areas will be established with the
following coordinates:
Small Inner Western Anchorage
[Approximate water depths: 45 ft]
------------------------------------------------------------------------
Latitude Longitude
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NW Corner............. 25[deg]47'57.687'' N. 080[deg]05'37.225'' W.
NE Corner............. 25[deg]47'57.341'' N. 080[deg]05'26.466'' W.
SE Corner............. 25[deg]46'31.443'' N. 080[deg]05'27.069'' W.
SW Corner............. 25[deg]46'31.557'' N. 080[deg]05'37.868'' W.
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Large Outer Eastern Anchorage
[Approximate water depths: 120 ft]
------------------------------------------------------------------------
Latitude Longitude
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NW Corner............. 25[deg]48'13.841'' N. 080[deg]04'59.155'' W.
NE Corner............. 25[deg]48'04.617'' N. 080[deg]04'04.582'' W.
SE Corner............. 25[deg]46'32.712'' N. 080[deg]04'28.387'' W.
SW Corner............. 25[deg]46'43.770'' N. 080[deg]05'02.360'' W.
------------------------------------------------------------------------
We made minor changes to the anchorage regulations in response to
comments received from the Biscayne Bay Pilots Association and others
during the NPRM stage. Those changes were incorporated into the
language of the SNPRM. For example, vessels anchored in the Miami
Anchorage are required to maintain a 24-hour bridge watch with a
licensed or credentialed deck officer proficient in English, vessels
are prohibited from anchoring with engines off or in a ``dead ship''
status, and vessels are required to seek permission of the Captain of
the Port Miami prior to anchoring for longer than 72 hours. Also, we
amended the language that utilized the Biscayne Bay Pilots via VHF-FM
channel 12 or 16 to contact the Captain of the Port Miami in order to
simplify the process and improve consistency. Now mariners may contact
the Captain of the Port Miami directly via VHF-FM channel 16. In
addition to the above changes, the anchoring regulations have been
reordered and reworded. Finally, the Coast Guard will be submitting
amendments to the local Coast Pilot that provides improved guidance to
vessels planning to anchor in the outer anchorage.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
Executive Order 13771 (Reducing Regulation and Controlling Regulatory
Costs) directs agencies to reduce regulation and control regulatory
costs and provides that ``for every one new regulation issued, at least
two prior regulations be identified for elimination, and that the cost
of planned regulations be prudently managed and controlled through a
budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, OMB has not reviewed it. As this rule is not
a significant regulatory action, this rule is exempt from the
requirements of Executive Order 13771. See the OMB Memorandum titled
``Interim Guidance Implementing Section 2 of the Executive Order of
January 30, 2017 titled `Reducing Regulation and Controlling Regulatory
Costs' '' (February 2, 2017).
This regulatory action determination is based on the relatively
minor change being made to the regulation. This regulatory action
determination is based on the relatively minor changes being proposed
to the regulation such as notice and watch keeping requirements.
The regulation will however ensure 1.5 square miles of anchorage
areas continue to exist. Some other changes are that vessels will be
prohibited from anchoring with engines off or in a ``dead ship'' status
and vessels will be required to seek permission of the Captain of the
Port Miami prior to anchoring for longer than 72 hours.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises 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. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to use the
anchorage may be small entities, for the reasons stated in section IV.A
above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this rule or any policy or action of the
Coast Guard.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
[[Page 27775]]
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule would not result
in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that it
is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule reduces the size of an existing anchorage area. It is
categorically excluded under section 2.B.2, figure 2-1, paragraph 34(f)
of the Instruction, which pertains to minor regulatory changes that are
editorial or procedural in nature. A Record of Environmental
Consideration (REC) supporting this determination is available in the
docket where indicated in the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 110 as follows:
PART 110--ANCHORAGE REGULATIONS
0
1. The authority citation for part 110 continues to read as follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2071; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 0170.1.
0
2. Revise Sec. 110.188 to read as follows:
Sec. 110.188 Atlantic Ocean off Miami and Miami Beach, Fla.
(a) The anchorage areas. (1) Anchorage A. All area of the Atlantic
Ocean, encompassed by a line connecting the points of the following
North America Datum 83 coordinates:
------------------------------------------------------------------------
Latitude Longitude
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25[deg]47'57.687'' N. 080[deg]05'37.225'' W.
25[deg]47'57.341'' N. 080[deg]05'26.466'' W.
25[deg]46'31.443'' N. 080[deg]05'27.069'' W.
25[deg]46'31.557'' N. 080[deg]05'37.868'' W.
------------------------------------------------------------------------
(2) Anchorage B. All area of the Atlantic Ocean, encompassed by a
line connecting the points of the following North America Datum 83
coordinates:
------------------------------------------------------------------------
Latitude Longitude
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25[deg]48'13.841'' N. 080[deg]04'59.155'' W.
25[deg]48'04.617'' N. 080[deg]04'04.582'' W.
25[deg]46'32.712'' N. 080[deg]04'28.387'' W.
25[deg]46'43.770'' N. 080[deg]05'02.360'' W.
------------------------------------------------------------------------
(b) The regulations. (1) Vessels in the Atlantic Ocean in the
vicinity of Port of Miami must anchor only within the anchorage areas
hereby defined and established, except in cases of emergency.
(2) Prior to entering the anchorage areas, all vessels must notify
the Coast Guard Captain of the Port via VHF-FM channel 16.
(3) All vessels within the designated anchorages must maintain a
24-hour bridge watch by a licensed or credentialed deck officer
proficient in English, monitoring VHF-FM channel 16. This individual
must confirm that the ship's crew performs frequent checks of the
vessel's position to ensure the vessel is not dragging anchor.
(4) Vessels may anchor anywhere within the designated anchorage
areas provided that: Such anchoring does not interfere with the
operations of any other vessels currently at anchorage; and all anchor
and chain or cable is positioned in such a manner to preclude dragging
over reefs.
(5) No vessel may anchor in a ``dead ship'' status (that is,
propulsion or control unavailable for normal operations) without the
prior approval of the Captain of the Port. Vessels experiencing
casualties, such as main propulsion, main steering, or anchoring
equipment malfunction, or which are planning to perform main propulsion
engine repairs or maintenance, must immediately notify the Coast Guard
Captain of the Port via Coast Guard Sector Miami on VHF-FM channel 16.
(6) No vessel may anchor within the designated anchorages for more
than 72 hours without the prior approval of the Captain of the Port. To
obtain this approval, contact the Coast Guard Captain of the Port via
VHF-FM channel 16.
(7) The Coast Guard Captain of the Port may close the anchorage
areas 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 or security.
(8) Commercial vessels anchoring under emergency circumstances
outside the anchorage areas must shift to new positions within the
anchorage areas immediately after the emergency ceases.
(9) Whenever the maritime or commercial interests of the United
States so require, the Captain of the Port, U.S. Coast Guard, Miami,
Florida, may direct relocation of any vessel anchored within the
anchorage areas. Once directed, such vessel must get underway at once
or signal for a tug, and must change position as directed.
Dated: June 12, 2017.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2017-12573 Filed 6-16-17; 8:45 am]
BILLING CODE 9110-04-P