[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]

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