[Federal Register Volume 61, Number 5 (Monday, January 8, 1996)]
[Rules and Regulations]
[Pages 544-545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-205]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD07-95-073]
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 DATES: This regulation is effective at 8 p.m. on December 27, 
1995 and terminates at 12 p.m. on February 24, 1996.


[[Page 545]]

FOR FURTHER INFORMATION CONTACT:
BMC J.L. Belk, USCG Marine Safety Office, Miami, Florida at (305) 536-
5693.

SUPPLEMENTARY INFORMATION: 

Drafting Information

    The drafters of this regulation are BMC J.L. Belk, Project Officer, 
USCG Marine Safety Office, and LTJG J. Diaz, Project Attorney, Seventh 
Coast Guard District Legal Office.

Background and Purpose

    At approximately 4 p.m. on November 7, 1995, a vessel collided 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. The concrete 
pilings of the center section of the fender system extend into the 
channel, creating a safety hazard. 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. This area has 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 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 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 colliding 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) (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 proposal 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

    This 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.e(34)(g) 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.

Regulations

    For the reasons set out in the preamble the Coast Guard amends 33 
CFR Part 165 as follows:
    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, 160.5; and 49 CFR 1.46.

    2. A new temporary Sec. 165.T07-073 is added to read as follows:


Sec. 165.T07-073  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 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 8 p.m. on 
December 27, 1995 and terminates at 12 p.m. on February 24, 1996.

    Dated: December 27, 1995.
Roger T. Rufe, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 96-205 Filed 1-5-96; 8:45 am]
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