[Federal Register Volume 64, Number 167 (Monday, August 30, 1999)]
[Proposed Rules]
[Pages 47156-47157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22436]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 110

[CGD07-99-058]
RIN 2115-AA98


Special Anchorage Area; St. Lucie River, Stuart, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a special anchorage area 
on the St. Lucie River in Stuart, FL. This area is currently used as a 
temporary and long-term area for vessels to anchor. The establishment 
of this anchorage will improve the safety of vessels anchoring within 
and transiting the highly trafficked area, while also lessening the 
detrimental impact on the ecosystem by providing a designated safer 
area for vessels to anchor.

DATES: Comments must be received on or before October 29, 1999.

ADDRESSES: Comments may be mailed to Commander, Aids to Navigation 
Branch, Seventh Coast Guard District, 909 S.E. First Avenue, Miami, FL 
33131-3050, or may be delivered to above address between 7:30 a.m. and 
4 p.m., Monday through Friday, except Federal holidays. Comments will 
become part of this docket and will be available for inspection or 
copying at the above address.

FOR FURTHER INFORMATION CONTACT: LT Kerstin Rhinehart, Seventh Coast 
Guard District, Aids to Navigation Branch, at (305) 536-4566.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking [CGD07-99-058] and the specific section of 
this proposal to which each comment applies and give the reason for 
each comment.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments. 
The Coast Guard plans no public hearing. Persons may request a public 
hearing by writing to the address under ADDRESSES. The request should 
include the reasons why a hearing would be beneficial. If the Coast 
Guard determines that the opportunity for oral presentations will aid 
this rulemaking, it will hold a public hearing at a time and place 
announced by a notice in the Federal Register.

Background and Purpose

    This proposed rule is in response to a request made by the City of 
Stuart to establish a city managed mooring field on the St. Lucie 
River. The intended effect of the regulations is to reduce the risk of 
vessel collisions by providing notice to mariners of the establishment 
of a special anchorage area, in which vessels not more than 65 feet in 
length shall not be required to carry or exhibit anchor lights as 
required by the Navigation Rules. The establishment of the special 
anchorage has been in coordination with and endorsed by the Florida 
Department of Environmental Protection (DEP). The DEP determined that 
properly managed mooring and anchorage fields located in appropriate 
areas, will encourage vessels to utilize them for safety purposes, and 
as a side benefit the ecosystem will incur lessened or negligible 
detrimental impacts.

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has been exempted from review by the Office of Management and Budget 
under that order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposed rule, if adopted, will 
have a significant economic effect upon a substantial number of small 
entities. ``Small entities'' include small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    Therefore, the Coast Guard certifies under section 605(b) of the 
Regulatory Flexibility Act (5 U.S.C. et seq.) that this rule will not 
have a significant economic impact on a substantial number of small 
entities as use of the anchorage area is voluntary. If, however, you 
think that your business or organization qualifies as a small entity 
and that this proposed rule will have a significant economic impact on 
your business or organization, please submit a comment (see ADDRESSES) 
explaining why you think it qualifies and in what way and to what 
degree this proposed rule will economically affect it.

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 proposal 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, in association with the Florida Department of 
Environmental Protection, is considering the environmental impact of 
this proposed rule, and has determined that this rule may be 
categorically excluded from further environmental documentation under 
Figure 2-1, paragraph 34(f) of Commandant Instruction M16475.1C. An 
Environmental Analysis Checklist and Categorical Exclusion 
Determination will be completed during the comment period.

List of Subjects in 33 CFR Part 110

    Special anchorage areas.

[[Page 47157]]

Proposed Regulations

    In consideration of the foregoing, the Coast Guard proposes to 
amend part 110 of Title 33, Code of Federal Regulations, as follows:

PART 110--[AMENDED]

    1. The authority citation for part 110 continues to read as 
follows:

    Authority: 33 U.S.C. 471, 2030, 2035, and 2071; 49 CFR 1.46 and 
33 CFR 1.05-1(g). Section 110.1a and each section listed in 110.1a 
is also issued under 33 U.S.C. 1223 and 1231.

    2. Section 110.73c is added to read as follows:


Sec. 110.73c  Okeechobee Waterway, St. Lucie River, Stuart, FL.

    The following is a special anchorage area: Beginning on the 
Okeechobee Intracoastal Waterway between mile marker 7 and 8 on the St. 
Lucie River, bounded by a line beginning at 27 deg.12'06.583''N, 
80 deg.15'33.447''W; thence to 27 deg.12'07.811''N, 
80 deg.15'38.861''W; thence to 27 deg.12'04.584''N, 
80 deg.15'41.437''W; thence to 27 deg.11'49.005''N, 
80 deg.15'44.796''W; thence to 27 deg.11'47.881''N, 
80 deg.15'38.271''W; thence to the point of beginning. All coordinates 
reference Datum NAD:83.

    Note: This area is principally used by recreational vessels. The 
mooring of vessels in this area is administered by the local 
Harbormaster, City of Stuart, Florida.

    Dated: August 11, 1999.
G.W. Sutton,
Captain, U.S. Coast Guard, Commander, Seventh Coast Guard District, 
Acting.
[FR Doc. 99-22436 Filed 8-27-99; 8:45 am]
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