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

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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