82_FR_27889 82 FR 27773 - Port of Miami Anchorage Area; Atlantic Ocean, Miami Beach, FL

82 FR 27773 - Port of Miami Anchorage Area; Atlantic Ocean, Miami Beach, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 116 (June 19, 2017)

Page Range27773-27775
FR Document2017-12573

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.

Federal Register, Volume 82 Issue 116 (Monday, June 19, 2017)
[Federal Register Volume 82, Number 116 (Monday, June 19, 2017)]
[Rules and Regulations]
[Pages 27773-27775]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12573]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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
------------------------------------------------------------------------
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.
------------------------------------------------------------------------


                      Large Outer Eastern Anchorage
                   [Approximate water depths: 120 ft]
------------------------------------------------------------------------
                               Latitude                 Longitude
------------------------------------------------------------------------
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
------------------------------------------------------------------------
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
------------------------------------------------------------------------
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



                                                                 Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Rules and Regulations                                          27773

                                               13. The leg-flail airbag system, once                 II. Background Information and                         comments, one by the local non-profit
                                             deployed, must not adversely affect the                 Regulatory History                                     Miami Waterkeeper and the other by a
                                             emergency-lighting system (i.e., must                     On December 1, 2015, the Coast                       private citizen, supported our planned
                                             not block floor-proximity lights to the                 Guard published a notice of study that                 modification of the Miami Anchorage.
                                             extent that the lights no longer meet                   indicated we were evaluating amending                  The third and fourth comments were
                                             their intended function).                                                                                      submitted by the Biscayne Bay Pilots
                                                                                                     the Miami Anchorage, based on the
                                               Issued in Renton, Washington, on June 8,                                                                     Association.
                                                                                                     location of coral reefs off the coast of
                                             2017.                                                                                                             The Biscayne Bay Pilots Association
                                                                                                     Florida. The Coast Guard received four                 (pilots) submitted a comment, through
                                             Michael Kaszycki,                                       comments in response to the notice of                  Becky Hope of the Port of Miami, on
                                             Assistant Manager, Transport Airplane                   study during the period that ended on                  May 17, 2016. This comment requested
                                             Directorate, Aircraft Certification Service.            February 1, 2016. In coordination with                 the Coast Guard evaluate changes in the
                                             [FR Doc. 2017–12617 Filed 6–16–17; 8:45 am]             several interested parties, the Coast                  proposed anchorage, including shifting
                                             BILLING CODE 4910–13–P                                  Guard published a Notice of Proposed                   the outer anchorage west and shifting
                                                                                                     Rulemaking (NPRM) on May 10, 2016                      the southern boundary of the outer
                                                                                                     (81 FR 28788). Four additional                         anchorage north. In response to these
                                                                                                     comments were received in response to                  comments, the Coast Guard met with
                                             DEPARTMENT OF HOMELAND                                  the NPRM. The comment period for the
                                             SECURITY                                                                                                       the Pilots to discuss the requests and the
                                                                                                     NPRM closed on July 11, 2016.                          basis at which we arrived at the current
                                                                                                       Through continued cooperation and                    anchorage configuration. During the
                                             Coast Guard
                                                                                                     research with stakeholders, the Coast                  meeting the Coast Guard agreed to shift
                                                                                                     Guard amended the original locations                   the western boundary of the outer
                                             33 CFR Part 110
                                                                                                     and requirements stated in the NPRM,                   anchorage approximately 300 feet to the
                                             [Docket Number USCG–2015–0729]                          and published these changes in a                       west to provide more room for large
                                                                                                     Supplemental Notice of Proposed                        anchoring vessels. This change does not
                                             RIN 1625–AA01                                           Rulemaking (SNPRM), on February 22,                    have any effect on coral or hard bottom
                                                                                                     2017 (82 FR 11329). We received five                   as the sea floor in that area is sand.
                                             Port of Miami Anchorage Area; Atlantic                  written submissions on the SNPRM                          On June 11, 2016, the Pilots submitted
                                             Ocean, Miami Beach, FL                                  during the comment period that ended                   a follow up comment to the public
                                                                                                     on March 24, 2017. We did not receive                  docket expressing concern that the outer
                                             AGENCY:    Coast Guard, DHS.                            any oral comments.                                     anchorage would expose vessels to
                                             ACTION:   Final rule.                                                                                          increased current and waves and, they
                                                                                                     III. Legal Authority and Need for Rule
                                                                                                                                                            claim, could increase the chance a
                                             SUMMARY:   The Coast Guard is dividing                    The Coast Guard is issuing this rule                 vessel would drag anchor. In order to
                                             its Miami anchorage ground into two                     under authority in 33 U.S.C. 471. The                  properly assess environmental
                                             separate anchorage areas. This action is                Seventh District Commander has                         conditions and risk of an anchor drag,
                                             necessary to reduce potential damage to                 determined that the new locations of the               the Coast Guard consulted with the
                                             threatened coral posed by anchoring                     anchorage provide both a safe anchorage                National Weather Service and Maersk
                                             vessels. The area for vessels to anchor                 ground for vessels, as well as provide                 training center. The National Weather
                                             will be reduced by approximately 3                      for protection of the coral reef and                   Service conducted a study, analyzing
                                             square nautical miles, but this rule still              uphold the environmental protection                    the previous year’s current in the
                                             leaves vessels with approximately 1.5                   mission of the Coast Guard.                            vicinity of the anchorage. The Weather
                                             square miles of anchorage areas.                                                                               Service found that the average current
                                             DATES: This rule is effective from July
                                                                                                     IV. Discussion of Comments, Changes,
                                                                                                     and the Rule                                           in the area of the outer anchorage over
                                             19, 2017.                                                                                                      the previous year was approximately 1.2
                                             ADDRESSES: To view documents                              On December 1, 2015, the Coast                       knots, with currents ranging plus or
                                             mentioned in this preamble as being                     Guard published a notice of study that                 minus half a knot from the mean current
                                             available in the docket, go to http://                  indicated we were evaluating amending                  seventy percent of the time. This
                                             www.regulations.gov, type USCG–2015–                    the Miami Anchorage to divide the                      information was provided to the Maersk
                                             0729 in the ‘‘SEARCH’’ box and click                    anchorage into two smaller anchorage                   training center in Svendborg, Denmark.
                                             ‘‘SEARCH.’’ Click on Open Docket                        areas. The proposed amendment was                      Subject matter experts at the training
                                             Folder on the line associated with this                 designed in coordination with a variety                school indicated that the conditions
                                             rule.                                                   of local stakeholders, including the                   posed no significant hazard and that
                                             FOR FURTHER INFORMATION CONTACT: If
                                                                                                     South East Florida Coral Reef Initiative               captains would have the training and
                                             you have questions on this rule, call or                (SEFCRI). Comment provided by these                    experience to set an anchor in the
                                             email Mr. Paul Lehmann, Coast Guard                     stakeholders, academic research, and                   deeper waters of the outer anchorage.
                                             Seventh District Prevention Waterways                   environmental reports have raised                         Due to the additional changes
                                             Management Division, U.S. Coast                         concerns with the Coast Guard about the                requested by the various parties
                                             Guard; telephone (305) 415–6796, email                  potential for damage to the Florida Reef               involved, we published a Supplemental
                                             Paul.D.Lehmann@uscg.mil.                                in the Miami Anchorage. Examples of                    Notice to Proposed Rulemaking on
                                                                                                     the body of work that influenced the                   February 22, 2017. The Coast Guard
                                             SUPPLEMENTARY INFORMATION:
                                                                                                     Coast Guard in proposing this                          received five comments in response to
rmajette on DSKBCKNHB2PROD with RULES




                                             I. Table of Abbreviations                               amendment may be found in the docket.                  this SNPRM. The Florida Department of
                                                                                                       In response to the notice of study, the              Environmental Protection supports this
                                             CFR Code of Federal Regulations
                                             DHS Department of Homeland Security
                                                                                                     Coast Guard received four comments.                    project as a means to reduce coral reef
                                             FR Federal Register                                     These comments were addressed in an                    and hardbottom impacts. The additional
                                             NPRM Notice of proposed rulemaking                      NPRM published on May 10, 2016. In                     comments were in support of the rule,
                                             § Section                                               response to the NPRM, we received four                 citing the desire to protect natural
                                             U.S.C. United States Code                               additional comments. Two of the                        resources while acknowledging


                                        VerDate Sep<11>2014   12:20 Jun 16, 2017   Jkt 241001   PO 00000   Frm 00003   Fmt 4700   Sfmt 4700   E:\FR\FM\19JNR1.SGM   19JNR1


                                             27774               Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Rules and Regulations

                                             perceived minimal impact to industry                    based on a number of these statutes and                that are independently owned and
                                             and commerce.                                           Executive orders and we discuss First                  operated and are not dominant in their
                                               The District Commander is amending                    Amendment rights of protestors.                        fields, and governmental jurisdictions
                                             the Miami Anchorage by dividing the                                                                            with populations of less than 50,000.
                                                                                                     A. Regulatory Planning and Review
                                             anchorage into two smaller anchorage                                                                           The Coast Guard certifies under 5 U.S.C.
                                             areas. The coordinates will establish                      Executive Orders 12866 (Regulatory                  605(b) that this rule will not have a
                                             two anchorage areas with a combined                     Planning and Review) and 13563                         significant economic impact on a
                                             area of approximately 1.5 square miles                  (Improving Regulation and Regulatory                   substantial number of small entities.
                                             and reduce the total anchorage area by                  Review) direct agencies to assess the                     While some owners or operators of
                                             approximately 3 square nautical miles.                  costs and benefits of available regulatory             vessels intending to use the anchorage
                                             The anchorage areas will be established                 alternatives and, if regulation is                     may be small entities, for the reasons
                                             with the following coordinates:                         necessary, to select regulatory                        stated in section IV.A above, this rule
                                                                                                     approaches that maximize net benefits                  will not have a significant economic
                                               SMALL INNER WESTERN ANCHORAGE                         (including potential economic,                         impact on any vessel owner or operator.
                                                    [Approximate water depths: 45 ft]                environmental, public health and safety                   Under section 213(a) of the Small
                                                                                                     effects, distributive impacts, and                     Business Regulatory Enforcement
                                                               Latitude             Longitude        equity). Executive Order 13563                         Fairness Act of 1996 (Pub. L. 104–121),
                                             NW Corner    25°47′57.687″   N.   080°05′37.225″   W.
                                                                                                     emphasizes the importance of                           we want to assist small entities in
                                             NE Corner    25°47′57.341″   N.   080°05′26.466″   W.   quantifying costs and benefits, reducing               understanding this rule. If the rule
                                             SE Corner    25°46′31.443″   N.   080°05′27.069″   W.   costs, harmonizing rules, and promoting                would affect your small business,
                                             SW Corner    25°46′31.557″   N.   080°05′37.868″   W.   flexibility. Executive Order 13771                     organization, or governmental
                                                                                                     (Reducing Regulation and Controlling                   jurisdiction and you have questions
                                              LARGE OUTER EASTERN ANCHORAGE                          Regulatory Costs) directs agencies to                  concerning its provisions or options for
                                                    [Approximate water depths: 120 ft]               reduce regulation and control regulatory               compliance, please contact the person
                                                                                                     costs and provides that ‘‘for every one                listed in the FOR FURTHER INFORMATION
                                                               Latitude             Longitude        new regulation issued, at least two prior              CONTACT section. The Coast Guard will
                                                                                                     regulations be identified for elimination,             not retaliate against small entities that
                                             NW Corner    25°48′13.841″   N.   080°04′59.155″   W.
                                             NE Corner    25°48′04.617″   N.   080°04′04.582″   W.   and that the cost of planned regulations               question or complain about this rule or
                                             SE Corner    25°46′32.712″   N.   080°04′28.387″   W.   be prudently managed and controlled                    any policy or action of the Coast Guard.
                                             SW Corner    25°46′43.770″   N.   080°05′02.360″   W.   through a budgeting process.’’                            Small businesses may send comments
                                                                                                        The Office of Management and Budget                 on the actions of Federal employees
                                               We made minor changes to the                          (OMB) has not designated this rule a                   who enforce, or otherwise determine
                                             anchorage regulations in response to                    significant regulatory action under                    compliance with, Federal regulations to
                                             comments received from the Biscayne                     section 3(f) of Executive Order 12866.                 the Small Business and Agriculture
                                             Bay Pilots Association and others                       Accordingly, OMB has not reviewed it.                  Regulatory Enforcement Ombudsman
                                             during the NPRM stage. Those changes                    As this rule is not a significant                      and the Regional Small Business
                                             were incorporated into the language of                  regulatory action, this rule is exempt                 Regulatory Fairness Boards. The
                                             the SNPRM. For example, vessels                         from the requirements of Executive                     Ombudsman evaluates these actions
                                             anchored in the Miami Anchorage are                     Order 13771. See the OMB                               annually and rates each agency’s
                                             required to maintain a 24-hour bridge                   Memorandum titled ‘‘Interim Guidance                   responsiveness to small business. If you
                                             watch with a licensed or credentialed                   Implementing Section 2 of the Executive                wish to comment on actions by
                                             deck officer proficient in English,                     Order of January 30, 2017 titled                       employees of the Coast Guard, call 1–
                                             vessels are prohibited from anchoring                   ‘Reducing Regulation and Controlling                   888–REG–FAIR (1–888–734–3247). The
                                             with engines off or in a ‘‘dead ship’’                  Regulatory Costs’ ’’ (February 2, 2017).               Coast Guard will not retaliate against
                                             status, and vessels are required to seek                   This regulatory action determination                small entities that question or complain
                                             permission of the Captain of the Port                   is based on the relatively minor change                about this rule or any policy or action
                                             Miami prior to anchoring for longer than                being made to the regulation. This                     of the Coast Guard.
                                             72 hours. Also, we amended the                          regulatory action determination is based
                                             language that utilized the Biscayne Bay                 on the relatively minor changes being                  C. Collection of Information
                                             Pilots via VHF–FM channel 12 or 16 to                   proposed to the regulation such as                       This rule will not call for a new
                                             contact the Captain of the Port Miami in                notice and watch keeping requirements.                 collection of information under the
                                             order to simplify the process and                          The regulation will however ensure                  Paperwork Reduction Act of 1995 (44
                                             improve consistency. Now mariners                       1.5 square miles of anchorage areas                    U.S.C. 3501–3520).
                                             may contact the Captain of the Port                     continue to exist. Some other changes
                                             Miami directly via VHF–FM channel 16.                                                                          D. Federalism and Indian Tribal
                                                                                                     are that vessels will be prohibited from
                                             In addition to the above changes, the                                                                          Governments
                                                                                                     anchoring with engines off or in a ‘‘dead
                                             anchoring regulations have been                         ship’’ status and vessels will be required                A rule has implications for federalism
                                             reordered and reworded. Finally, the                    to seek permission of the Captain of the               under Executive Order 13132,
                                             Coast Guard will be submitting                          Port Miami prior to anchoring for longer               Federalism, if it has a substantial direct
                                             amendments to the local Coast Pilot that                than 72 hours.                                         effect on the States, on the relationship
                                             provides improved guidance to vessels                                                                          between the national government and
                                             planning to anchor in the outer                         B. Impact on Small Entities                            the States, or on the distribution of
rmajette on DSKBCKNHB2PROD with RULES




                                             anchorage.                                                The Regulatory Flexibility Act of                    power and responsibilities among the
                                                                                                     1980, 5 U.S.C. 601–612, as amended,                    various levels of government. We have
                                             V. Regulatory Analyses                                  requires Federal agencies to consider                  analyzed this rule under that Order and
                                               We developed this rule after                          the potential impact of regulations on                 have determined that it is consistent
                                             considering numerous statutes and                       small entities during rulemaking. The                  with the fundamental federalism
                                             Executive orders related to rulemaking.                 term ‘‘small entities’’ comprises small                principles and preemption requirements
                                             Below we summarize our analyses                         businesses, not-for-profit organizations               described in Executive Order 13132.


                                        VerDate Sep<11>2014   12:20 Jun 16, 2017   Jkt 241001   PO 00000   Frm 00004   Fmt 4700   Sfmt 4700   E:\FR\FM\19JNR1.SGM   19JNR1


                                                                 Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Rules and Regulations                                                 27775

                                                Also, this rule does not have tribal                   For the reasons discussed in the                      control unavailable for normal
                                             implications under Executive Order                      preamble, the Coast Guard amends 33                     operations) without the prior approval
                                             13175, Consultation and Coordination                    CFR part 110 as follows:                                of the Captain of the Port. Vessels
                                             with Indian Tribal Governments,                                                                                 experiencing casualties, such as main
                                             because it does not have a substantial                  PART 110—ANCHORAGE                                      propulsion, main steering, or anchoring
                                             direct effect on one or more Indian                     REGULATIONS                                             equipment malfunction, or which are
                                             tribes, on the relationship between the                                                                         planning to perform main propulsion
                                             Federal Government and Indian tribes,                   ■ 1. The authority citation for part 110                engine repairs or maintenance, must
                                             or on the distribution of power and                     continues to read as follows:                           immediately notify the Coast Guard
                                             responsibilities between the Federal                      Authority: 33 U.S.C. 471, 1221 through                Captain of the Port via Coast Guard
                                             Government and Indian tribes. If you                    1236, 2071; 33 CFR 1.05–1; Department of                Sector Miami on VHF–FM channel 16.
                                             believe this rule has implications for                  Homeland Security Delegation No. 0170.1.                  (6) No vessel may anchor within the
                                             federalism or Indian tribes, please                     ■   2. Revise § 110.188 to read as follows:             designated anchorages for more than 72
                                             contact the person listed in the FOR                                                                            hours without the prior approval of the
                                                                                                     § 110.188 Atlantic Ocean off Miami and                  Captain of the Port. To obtain this
                                             FURTHER INFORMATION CONTACT section.
                                                                                                     Miami Beach, Fla.
                                                                                                                                                             approval, contact the Coast Guard
                                             E. Unfunded Mandates Reform Act                           (a) The anchorage areas. (1)                          Captain of the Port via VHF–FM
                                               The Unfunded Mandates Reform Act                      Anchorage A. All area of the Atlantic                   channel 16.
                                             of 1995 (2 U.S.C. 1531–1538) requires                   Ocean, encompassed by a line                              (7) The Coast Guard Captain of the
                                             Federal agencies to assess the effects of               connecting the points of the following                  Port may close the anchorage areas and
                                             their discretionary regulatory actions. In              North America Datum 83 coordinates:                     direct vessels to depart the anchorage
                                             particular, the Act addresses actions                                                                           during periods of adverse weather or at
                                             that may result in the expenditure by a                         Latitude                    Longitude           other times as deemed necessary in the
                                             State, local, or tribal government, in the              25°47′57.687″     N.          080°05′37.225″    W.
                                                                                                                                                             interest of port safety or security.
                                             aggregate, or by the private sector of                  25°47′57.341″     N.          080°05′26.466″    W.        (8) Commercial vessels anchoring
                                             $100,000,000 (adjusted for inflation) or                25°46′31.443″     N.          080°05′27.069″    W.      under emergency circumstances outside
                                             more in any one year. Though this rule                  25°46′31.557″     N.          080°05′37.868″    W.      the anchorage areas must shift to new
                                             would not result in such an                                                                                     positions within the anchorage areas
                                             expenditure, we do discuss the effects of                 (2) Anchorage B. All area of the                      immediately after the emergency ceases.
                                             this rule elsewhere in this preamble.                   Atlantic Ocean, encompassed by a line                     (9) Whenever the maritime or
                                                                                                     connecting the points of the following                  commercial interests of the United
                                             F. Environment                                                                                                  States so require, the Captain of the
                                                                                                     North America Datum 83 coordinates:
                                                We have analyzed this rule under                                                                             Port, U.S. Coast Guard, Miami, Florida,
                                             Department of Homeland Security                                 Latitude                    Longitude           may direct relocation of any vessel
                                             Management Directive 023–01 and                                                                                 anchored within the anchorage areas.
                                             Commandant Instruction M16475.lD,                       25°48′13.841″     N.          080°04′59.155″    W.      Once directed, such vessel must get
                                             which guide the Coast Guard in                          25°48′04.617″     N.          080°04′04.582″    W.      underway at once or signal for a tug,
                                             complying with the National                             25°46′32.712″     N.          080°04′28.387″    W.      and must change position as directed.
                                                                                                     25°46′43.770″     N.          080°05′02.360″    W.
                                             Environmental Policy Act of 1969 (42                                                                              Dated: June 12, 2017.
                                             U.S.C. 4321–4370f), and have                                                                                    S.A. Buschman,
                                                                                                       (b) The regulations. (1) Vessels in the
                                             determined that it is one of a category
                                                                                                     Atlantic Ocean in the vicinity of Port of               Rear Admiral, U.S. Coast Guard, Commander,
                                             of actions that do not individually or                                                                          Seventh Coast Guard District.
                                                                                                     Miami must anchor only within the
                                             cumulatively have a significant effect on
                                                                                                     anchorage areas hereby defined and                      [FR Doc. 2017–12573 Filed 6–16–17; 8:45 am]
                                             the human environment. This rule
                                                                                                     established, except in cases of                         BILLING CODE 9110–04–P
                                             reduces the size of an existing
                                                                                                     emergency.
                                             anchorage area. It is categorically
                                                                                                       (2) Prior to entering the anchorage
                                             excluded under section 2.B.2, figure 2–                                                                         DEPARTMENT OF HOMELAND
                                                                                                     areas, all vessels must notify the Coast
                                             1, paragraph 34(f) of the Instruction,                                                                          SECURITY
                                                                                                     Guard Captain of the Port via VHF–FM
                                             which pertains to minor regulatory
                                                                                                     channel 16.
                                             changes that are editorial or procedural                                                                        Coast Guard
                                                                                                       (3) All vessels within the designated
                                             in nature. A Record of Environmental
                                                                                                     anchorages must maintain a 24-hour
                                             Consideration (REC) supporting this                                                                             33 CFR Part 165
                                                                                                     bridge watch by a licensed or
                                             determination is available in the docket
                                                                                                     credentialed deck officer proficient in                 [Docket No. USCG–2012–1036]
                                             where indicated in the ADDRESSES
                                                                                                     English, monitoring VHF–FM channel
                                             section of this preamble.                                                                                       Safety Zones, Recurring Marine Events
                                                                                                     16. This individual must confirm that
                                             G. Protest Activities                                   the ship’s crew performs frequent                       in Captain of the Port Long Island
                                                                                                     checks of the vessel’s position to ensure               Sound Zone
                                               The Coast Guard respects the First
                                             Amendment rights of protesters.                         the vessel is not dragging anchor.                      AGENCY:  Coast Guard, DHS.
                                             Protesters are asked to contact the                       (4) Vessels may anchor anywhere
                                                                                                                                                             ACTION: Notice of enforcement of
                                             person listed in the FOR FURTHER                        within the designated anchorage areas
                                                                                                                                                             regulation.
                                             INFORMATION CONTACT section to                          provided that: Such anchoring does not
rmajette on DSKBCKNHB2PROD with RULES




                                             coordinate protest activities so that your              interfere with the operations of any                    SUMMARY:    The Coast Guard will enforce
                                             message can be received without                         other vessels currently at anchorage;                   five safety zones for fireworks displays
                                             jeopardizing the safety or security of                  and all anchor and chain or cable is                    in the Sector Long Island Sound area of
                                             people, places, or vessels.                             positioned in such a manner to preclude                 responsibility on the date and time
                                                                                                     dragging over reefs.                                    listed in the table below. This action is
                                             List of Subjects in 33 CFR Part 110                       (5) No vessel may anchor in a ‘‘dead                  necessary to provide for the safety of life
                                               Anchorage grounds.                                    ship’’ status (that is, propulsion or                   on navigable waterways during the


                                        VerDate Sep<11>2014   12:20 Jun 16, 2017   Jkt 241001   PO 00000   Frm 00005    Fmt 4700   Sfmt 4700   E:\FR\FM\19JNR1.SGM   19JNR1



Document Created: 2017-06-17 01:48:20
Document Modified: 2017-06-17 01:48:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective from July 19, 2017.
ContactIf 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]
FR Citation82 FR 27773 
RIN Number1625-AA01

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR