[Federal Register Volume 69, Number 23 (Wednesday, February 4, 2004)]
[Rules and Regulations]
[Pages 5274-5275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2085]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[CGD07-03-110]
RIN 1625-AA01


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is extending the Special Anchorage Area that 
begins on the Okeechobee Intracoastal Waterway between mile markers 7 
and 8 on the St. Lucie River in Stuart, Florida, to include 17 
additional moorings. This rule will improve safety for vessels 
anchoring within and transiting through this high traffic area and also 
reduce negative impacts on the ecosystem by providing a safer 
designated area for vessels to anchor.

DATES: This regulation becomes effective on March 5, 2004.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket [CGD07-03-110] and are available for inspection or 
copying at the Seventh Coast Guard District, Room 406, 909 SE. First 
Avenue, Miami, FL, between 7:30 a.m. and 4 p.m. Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Joe Embres, Seventh Coast Guard 
District, Aids to Navigation Branch, at (305) 415-6750.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On August 1, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled Special Anchorage Area; Okeechobee Waterway, St. Lucie 
River, Stuart, FL in the Federal Register (68 FR 45190). We did not 
receive any letters commenting on the proposed rule. No public hearing 
was requested, and none was held.

Background and Purpose

    The City of Stuart has asked the Coast Guard to extend the current 
Special Anchorage Area that begins on the Okeechobee Intracoastal 
Waterway between mile markers 7 and 8 on the St. Lucie River. The City 
would like to extend the anchorage area by adding 9.73 acres and 
installing 17 additional moorings. This rule is intended to reduce the 
risk of vessel collisions by enlarging the current anchorage area and 
to provide notice to mariners of the additional 9.73 acres. This rule 
allows vessels not more than 65 feet in length to anchor without 
exhibiting anchor lights as required by the navigation rules at 33 CFR 
109.10. The City of Stuart has coordinated with the Florida Department 
of Environmental Protection (DEP) regarding this proposal. 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 less 
detrimental impact.

Discussion of Comments and Changes

    The latitude and longitude positions defining the Special Anchorage 
Area were correct in the Notice of Proposed Rule Making (NPRM), but 
were not in the proper order and have since been corrected.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule will have a significant economic effect 
upon a substantial number of small entities. The term ``small 
entities'' comprises small business, 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.

[[Page 5275]]

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. Small entities 
may contact the person listed under FOR FURTHER INFORMATION CONTACT for 
assistance in understanding and participating in this rulemaking.
    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).

Collection of Information

    This rule calls for no new collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that this rule does not have 
implications for federalism.

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 or more in any 
one year. Although this rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, actions 
concerning regulations that significantly affect energy supply, 
distribution, or use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(f), of the Instruction, from further 
environmental documentation. Under figure 2-1, Paragraph (34)(f), of 
the Instruction, an ``Environmental Analysis Check List'' and a 
``Categorical Exclusion Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

0
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, 2030, 2035 and 
2071; 33 CFR 1.05-1(g). Department of Homeland Security Delegation 
No. 0170.1.

0
2. Section 110.73c is amended by revising the text before the note 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 
2712'06.583'' N, 8015'33.447'' W; thence 
to 2712'07.811'' N, 8015'38.861'' W; 
thence to 2712'04.584'' N, 8015'41.437'' 
W; thence to 2711'49.005'' N, 
8015'44.796'' W; thence to 2711'47.99'' 
N, 8015'44.78'' W; thence to 2711'42.51'' 
N, 8015'49.36'' W; thence to 2711'41.40'' 
N, 8015'47.70'' W; thence to 2711'40.44'' 
N, 8015'44.64'' W; thence to 2711'43.49'' 
N, 8015'40.74'' W; thence to 2711'46.82'' 
N, 8015'37.9647'' W; thence to 
2711'47.881'' N, 8015'38.271'' W; thence 
back to the original point. All coordinates reference Datum NAD:83.
* * * * *

    Dated: January 16, 2004.
Fred M. Rosa, Jr.,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 04-2085 Filed 2-3-04; 8:45 am]
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