[Federal Register Volume 65, Number 12 (Wednesday, January 19, 2000)]
[Rules and Regulations]
[Pages 2876-2877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1228]


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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, Florida

AGENCY:  Coast Guard, DOT.

ACTION:  Final rule.

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SUMMARY:  The Coast Guard is establishing 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:  This regulation becomes effective on February 18, 2000.

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 99-058] and are available for inspection or 
copying at the Seventh Coast Guard District, Room 406, 909 S.E. First 
Avenue, Miami, FL, between 7:30 a.m. and 4 p.m. Monday through Friday, 
except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We published a notice of proposed rulemaking concerning these 
regulations in the Federal Register on August 30, 1999 (64 FR 47156). 
Two comments were received during the comment period.

Background and Purpose

    This 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 regulation 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.

Discussion of Comments and Changes

    Two letters were received objecting to the establishment of the a 
special anchorage in St. Lucie, FL. The letters objected to the 
regulation of live aboard vessels, the possibility of future 
development in the area, the cost of utilizing an established mooring 
within the special anchorage, and the possible restricted use of the 
waterways between boats in the area. The Coast Guard considered these 
comments, however has decided not to make any changes to the proposed 
rule. The Coast Guard has no control over future development in the 
area and the cost to utilize the anchorage will be determined by the 
City of Stuart. The Coast Guard still feels that the establishment of 
this anchorage area as published will improve the safety of vessels in 
this highly trafficked area

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. The 
Office of Management and Budget has not reviewed it under that order. 
It is not ``significant'' under the

[[Page 2877]]

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 10(e) 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 rule will have a significant 
economic effect upon a substantial number of small entities. ``Small 
entities'' include 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.
    Therefore, 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 as use of the anchorage area is voluntary.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-221), we offer to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. Small 
entities may contact the person listed under FOR FURTHER INFORMATION 
CONTACT for assistance in understanding and participating in this 
rulemaking. We also have a point of contact for commenting on actions 
by employees 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).

Collection of Information

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

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531--1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 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 E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

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

Environment

    The Coast Guard, in association with the Florida Department of 
Environmental Protection, considered the environmental impact of this 
proposed rule, and determined under Figure 2-1, paragraph 34(f) of 
Commandant Instruction M16475.1C, that this rule is categorically 
excluded from further environmental documentation.

List of Subjects in 33 CFR Part 110

    Special anchorage areas.

Final Regulation

    In consideration of the foregoing, the Coast Guard amends Part 110 
of Title 33, Code of Federal Regulations, as follows:

PART 110--[AMENDED]

    1. The Authority citation for Part 110 continues to read as 
follows:

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

    2. 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: January 10, 2000.
G.W. Sutton,
Captain U.S. Coast Guard Commander, Seventh Coast Guard District 
Acting.
[FR Doc. 00-1228 Filed 1-18-00; 8:45 am]
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