[Federal Register Volume 61, Number 43 (Monday, March 4, 1996)]
[Rules and Regulations]
[Pages 8219-8220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4916]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[CGD07-96-009]
RIN 2115-AE84
Regulated Navigation Area Regulations; Fort Pierce, FL
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary regulated
navigation area at the Peter P. Cobb bridge in Fort Pierce, Florida.
This regulated navigation area is needed to protect all vessels from a
safety hazard created by damage to the Peter P. Cobb bridge and
associated debris in the surrounding area. Entry into this zone is
prohibited unless authorized by the Captain of the Port, Miami,
Florida.
EFFECTIVE DATE: This regulation is effective from 12 p.m. on February
24, 1996 and terminates at 12 p.m. on March 31, 1996.
FOR FURTHER INFORMATION CONTACT:
BMC J. L. Belk, Port Management and Response Department, USCG Marine
Safety Office Miami, Florida at (305) 536-5693.
SUPPLEMENTARY INFORMATION:
Background and Purpose
At approximately 4 p.m. on November 7, 1995, a vessel allided with
the east side of the fender system of the Peter P. Cobb Bridge (also
known as the South Bridge) on the Indian River South Section at Fort
Pierce, Florida. The center section of the east fender system was
destroyed leaving the bridge support piling unprotected. Construction
crews are replacing the fender system which was destroyed.
A regulated navigation area has been established on the Indian
River South Section which includes the area under the main span of the
bridge extending 100 feet either side of the bridge within the main
channel. A previous regulated navigation area (CGD07-95-073) was
established for this area. This regulation will terminate at 12 p.m. on
February 24, 1996. Since repairs on the Peter P. Cobb bridge have not
been completed, a new regulation is needed to continue the repairs
without creating unusual hazards on the waterway for vessels traversing
the area. This area will have the following restrictions and conditions
for vessel traffic.
All barge traffic must obtain permission from the Captain of the
Port or his designated representative prior to transiting. Any barges
allowed to transit the zone by the Captain of the Port will be required
to meet the following conditions: the barge must be assisted by two
tugs made fast fore and aft; tugs must be of adequate horse power to
fully maneuver the barge; and the zone shall be transited by barge
traffic at slack water only. All other vessel traffic shall stay clear
of the damaged section of the bridge and the repair work underway.
In accordance with 5 U.S.C. 553, a notice of proposed rulemaking
was not published for this regulation and good cause exists for making
it effective in less than 30 days after Federal Register publication.
Publication of notice of proposed rulemaking and delay of effective
date would be contrary to public interest because immediate action is
necessary to prevent vessels from alliding with the bridge support
pilings, causing potential danger to the public.
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) (44FR 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 rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated businesses that are
not dominant in their field and that otherwise qualify as ``small
business concerns'' under section 3 of the Small Business Act (15
U.S.C. 632).
For reasons set forth in the above Regulatory Evaluation, the Coast
Guard certifies under section 605(b) of the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.) that this rule will not have a significant
economic impact on a substantial number of small entities.
Collection of Information
This rule contains no information collection requirements under the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.)
Federalism
The action has been analyzed under the principles and criteria
contained in executive order 12612 and has determined that the
rulemaking does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard has considered the environmental impact of this
action and has determined pursuant to Section 2.B.2. of Commandant
Instruction M16475.1B that this action is categorically excluded from
further environmental documentation. A categorical exclusion checklist
and categorical exclusion determination have been completed and are
available for inspection and copying.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (waters), Reporting and
recordkeeping requirements, Safety measures, Waterways.
Final Regulations
For the reasons set out in the preamble the Coast Guard amends 33
CFR Part 165 as follows:
PART 100--[AMENDED]
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. A new temporary Sec. 165.T07-009 is added to read as follows:
Sec. 165.T07-009 Regulated Navigation Area; Indian River South
Section, Peter P. Cobb Bridge, Fort Pierce, FL.
(a) Location. The following area is a regulated navigation area:
All waters under the main bridge span extending 100 feet either
side of the bridge within the main channel.
(b) Regulations. In accordance with general regulations in
Sec. 165.11 of this
[[Page 8220]]
part, no vessel may operate within the regulated navigation area
contrary to this regulation. All barge traffic must obtain permission
from the Captain of the Port or his designated representative prior to
transiting. Any barges allowed to transit the zone by the Captain of
the Port will be required to meet the following conditions: the barge
must be assisted by two tugs made fast fore and aft; tugs must be of
adequate horsepower to fully maneuver the barge; and the zone shall be
transited by barge traffic at slack water only. All other vessel
traffic shall stay clear of the damaged section of the bridge and
repair work underway. The Captain of the Port will notify the public of
changes in the status of this zone by Marine Safety Radio Broadcast on
VHF Marine Band Radio, Channel 22 (157.1 MHz).
(c) Effective dates. This section is effective at 12 p.m. on
February 24, 1996 and terminates at 12 p.m. on March 31, 1996.
Dated: February 23, 1996.
Roger T. Rufe, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 96-4916 Filed 3-1-96; 8:45 am]
BILLING CODE 4910-14-M
