[Federal Register Volume 66, Number 242 (Monday, December 17, 2001)]
[Rules and Regulations]
[Pages 64912-64915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31012]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Corpus Christi 01-002]
RIN 2115-AA97


Safety Zone; Gulf Intracoastal Waterway, Port Isabel, TX

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule; request for comments.

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SUMMARY: The Coast Guard is establishing a temporary safety zone to

[[Page 64913]]

ensure the safety of navigation within a radius of 1000 feet of Queen 
Isabella Bridge construction vessels and machinery. Vessels transiting 
the Gulf Intracoastal Waterway through the Queen Isabella Bridge may do 
so during daylight hours only. The safety zone is needed to protect 
personnel, vessels, and the marine environment from potential hazards 
created by construction in the vicinity of the Queen Isabella Bridge. 
Entry of vessels or persons into this zone is prohibited unless 
specifically authorized by the Captain of the Port Corpus Christi.

DATES: This regulation becomes effective at 2 p.m. on September 26, 
2001 and terminates when the re-construction of the Queen Isabella 
Bridge is completed and certified by the Texas Department of 
Transportation to the satisfaction of the Captain of the Port or 
September 26, 2002 which ever is earlier. A document announcing the 
termination date will be published later in the Federal Register. 
Comments and related material must reach the Coast Guard on or before 
February 15, 2002.

ADDRESSES: Any 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 COTP Corpus Christi 01-002 and are available 
for inspection or copying at U.S. Coast Guard Marine Safety Office 
Corpus Christi, 555 N. Carancahua Street, Suite 500, Corpus Christi, 
Texas, 78478 between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: LTJG C. J. Bright, Chief, Waterways 
Section, Coast Guard Captain of the Port Corpus Christi, 555 N. 
Carancahua St. Suite 500, Corpus Christi, Texas, 78478, (361) 888-3162

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Publishing a NPRM and delaying 
its effective date would be contrary to public interest since immediate 
action is needed to respond to the potential safety hazards associated 
with emergency bridge repairs.
    Under 5.U.S.C 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Publishing a NPRM and delaying its 
effective date would be contrary to public interest since immediate 
action is needed to respond to the potential safety hazards associated 
with the bridge construction.
    Although the Coast Guard has good cause in implementing this 
regulation, we want to afford the maritime community the opportunity to 
participate in this rulemaking by submitting comments and related 
material regarding the size and boundaries of the safety zone in order 
to minimize unnecessary burdens. If you do so, please include your name 
and address, identify the docket number for this rulemaking, COTP 
Corpus Christi 01-002, indicate the specific section of this document 
to which each comment applies, and give the reason for each comment. 
Please submit all comments and related material in an unbound format, 
no larger than 8\1/2\ by 11 inches, suitable for copying. If you would 
like to know they reached us, please enclose a stamped self addressed 
postcard or envelope. We will consider all comments and material 
received during the comment period. We may change this temporary final 
rule in view of them.

Background and Purpose

    At approximately 2:15 a.m., on September 15, 2001, the Uninspected 
Towing Vessel BROWN WATER V allided with the Queen Isabella Bridge in 
position 26 deg.05.1' N, 097 deg.12.8' W, Intracoastal Waterway Mile 
Marker 665 near Port Isabel, Texas. The resulting damage caused the 
Queen Isabella Bridge to collapse in the Intracoastal Waterway blocking 
the channel and severely impacting the ability to safely navigate the 
area encompassed by the Captain of the Port Corpus Christi Zone. As a 
result of the bridge collapse, the power for the lighting of the bridge 
and the bridge fendering system was also rendered inoperable. The re-
construction of the bridge will take approximately six months to 
complete and will involve various construction vessels and equipment. 
The Texas Department of Transportation has certified to the 
satisfaction of the Captain of the Port that the bridge is safe for 
vessels to transit the Intracoastal Waterway during the re-
construction. Vessels transiting the Intracoastal Waterway shall do so 
during daylight hours only, at a minimum and safe speed, and maintain a 
distance of at least 1,000 feet around construction vessels and 
machinery. The daylight transits restriction may be lifted when 
lighting for the bridge and fendering system is operational to the 
satisfaction of the Captain of the Port. This information will be made 
available by Marine Information Broadcast when the Captain of the Port 
removes the daylight transit restriction. A 1000 foot radius around the 
construction area is necessary to ensure the safety of vessels 
transiting the area during the re-construction, prevent any further 
damage to the bridge, and allow the re-construction vessels and 
machinery to operate safety. The 1000 foot radius will remain in effect 
during all hours and until the re-construction is completed. The Coast 
Guard is establishing a temporary safety zone in a 1000 foot radius 
around the re-construction of the Queen Isabella Bridge and limiting 
vessel transit of the Intracoastal Waterway (Mile Marker 665) through 
the bridge to daylight hours only, until it can be determined that the 
waters are safe for navigation.

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 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 rule to be so 
minimal that a full regulatory evaluation is unnecessary. This 
regulation will only be in effect for a short period of time and 
notification to the marine community will be made through broadcast 
notice to mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises 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.
    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. The impact on small entities is expected to be minimal due to 
the short period of this regulation. This rule will affect the 
following entities, some of which may be small entities: the owners or 
operators of vessels intending to transit the Intracoastal Waterway and 
the area surrounding the Queen Isabella Bridge while the safety zone is 
established. This safety zone will not have a significant economic 
impact on a

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substantial number of small entities for the following reasons. This 
rule will be in effect for only the duration of the re-construction of 
the Queen Isabella Bridge as a result of the allision. The 1000-foot 
safety zone does not prohibit commercial traffic (tug and barge 
combinations) from transiting the Intracoastal Waterway and provides 
smaller vessels (commercial or recreational) ample room to transit 
around the safety zone. When these operations are completed the 
Intracoastal Waterway will be reopened and the safety zone cancelled. 
Before the effective period, we will issue maritime advisories widely 
available to users of the Intracoastal Waterway and surrounding 
navigable waters.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered 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 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 under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

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

Protection of Children

    We have analyzed this rule under Executive Order 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 risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effect

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph 34(g), of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available for inspection or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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; 49 CFR 1.46.

    2. A new Sec. 165.T08-080 is added to read as follows:


Sec. 165.T08-080  Safety Zone; Queen Isabella Bridge, Gulf Intracoastal 
Waterway, Brownsville, Texas

    (a) Location. The following area is a safety zone: All waters 
within a 1000-foot radius of vessels and machinery involved in the re-
construction of the Queen Isabella Bridge.
    (b) Effective dates. This regulation becomes effective at 2 p.m. on 
September 26, 2001 and terminates when the re-construction of the Queen 
Isabella Bridge is completed and certified by the Texas Department of 
Transportation to the satisfaction of the Captain of the Port or on 
September 26, 2002 which ever is earlier.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec. 165.23 of 
this part, entry into this zone is prohibited except as authorized by 
the Captain of the Port Corpus Christi.
    (2) The safety zone is in effect during all hours of the day. 
Vessels transiting the Intracoastal Waterway (Mile Marker 665.0) under 
the bridge shall proceed at minimum speed to maintain steerageway and 
during daylight hours only.
    (3) No vessels may enter this safety zone unless specifically 
authorized by the Captain of the Port Corpus Christi. The Captain of 
the Port will notify the public of changes in the status of this zone 
by Marine Radio Safety Broadcast on VHF Marine Band Radio, Channel 22 
(157.1 MHz).


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    Dated: September 26, 2001.
William J. Wagner III,
Captain, U.S. Coast Guard, Captain of the Port Corpus Christi.
[FR Doc. 01-31012 Filed 12-14-01; 8:45 am]
BILLING CODE 4910-15-U