[Federal Register Volume 60, Number 14 (Monday, January 23, 1995)]
[Rules and Regulations]
[Pages 4378-4379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1292]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 161
[CGD09-94-036]
RIN 2115-AF01
Temporary Speed Limits for the St. Marys River
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Commander of the Ninth Coast Guard District is making a
temporary amendment to the speed limits for the St. Marys River during
the 1994-95 icebreaking season. This amendment reduces the speed limit
by 2 miles per hour through that part of the system, between Munuscong
Lake Lighted Buoy 8 and Lake Nicolet Light 80 upbound and between Lake
Nicolet Light 80 and Munuscong Lake light 9 downbound. These temporary
changes to the speed regulations are a precautionary measure to
minimize any possible damage to the environment due to movement of
large commercial vessels through the ice.
EFFECTIVE DATE: This regulation is effective from December 29, 1994,
through April 15, 1995.
FOR FURTHER INFORMATION CONTACT:
Scott J. Smith, Lieutenant, U.S. Coast Guard, Aids to Navigation and
Waterways Management Branch, Ninth Coast Guard District, 1240 East 9th
Street, Cleveland, Ohio 44199-2060, (216) 522-3990.
SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a Notice of
Proposed Rulemaking has not been published for this regulation and good
cause exists for making it effective in less than 30 days from the date
of publication. Publication of a notice of proposed rulemaking and
delay in the effective date would be contrary to the public interest
because immediate [[Page 4379]] action is necessary to prevent possible
damage to the environment. Additionally, the Coast Guard issued this
temporary rule for the 1993-94 icebreaking season and no comments were
received. Therefore, nothing would apparently be gained by pre-
publication.
Discussion of Regulations
In a letter received on February 26, 1993, the Michigan Department
of Natural Resources advised the Commander of the Ninth Coast Guard
District of concerns over the environmental impact of ship transits
through the St. Marys River during the period of March 21 to April 1.
March 25 is the fixed date for the opening of the locks at Sault St.
Marie, which allows large commercial shipping access to the St. Marys
River from Lake Superior. In accordance with an agreement reached on
June 29, 1993, with the U.S. Army Corps of Engineers, the U.S. Fish and
Wildlife Service and the Michigan Department of Natural Resources, the
Commander of the Ninth Coast Guard District is making this temporary
change to the speed regulations during periods when icebreaking is
being conducted in the vicinity of Neebish Island, St. Mary's River,
Michigan, as a precautionary measure to minimize any possible damage to
the environment. The speed limit is being reduced by 2 statute miles
per hour in the area between Munuscong Lake Lighted Buoy 8 and Lake
Nicolet Light 80, upbound, and between Lake Nicolet Lighted Buoy 80 and
Munuscong Lake Light 9, downbound. The Light 9 checkpoint has been
added to extend the reduced speed limit area past Winter Point, thereby
protecting the sensitive environment between Winter Point and Light 9.
Speed limits apply to the average speed between established reporting
points.
Drafting Information
The drafters of this regulation are Byron D. Willeford, Lieutenant
Junior Grade, U.S. Coast Guard, Project Officer, Aids to Navigation &
Waterways Management Branch and Karen E. Lloyd, Lieutenant, U.S. Coast
Guard, Project Attorney, Ninth Coast Guard District Legal Office.
Federalism Implications
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the rulemaking does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environment
A recent environmental impact study by the United States Army Corps
of Engineers indicated that March 21 is the optimal opening date. (see
U.S. Army Corps of Engineers Draft Environmental Impact Statement,
Opening Operations of the Lock Facilities on March 21 (February 1993),
Supplement III to the Final Environmental Impact Statement, Operations,
Maintenance, and Minor Improvements of the Federal Facilities at Sault
Ste. Marie, Michigan (July 1977)). The same study by the Corps of
Engineers indicates that there is no significant impact on fish
populations due to movement of large commercial vessels through the
ice. However, the Michigan Department of Natural Resources asserts that
there may be such an impact during the early period of March 21 to
April 1.
The Ninth Coast Guard District has adopted the U.S. Army Corps of
Engineers EIS, EIS Supplements, and EIS studies on Operations,
Maintenance, and Minor Improvements of the Federal Facilities at Sault
Ste. Marie, Michigan. In addition, the Coast Guard is preparing a
supplement for the 1974 Ninth Coast Guard District EIS regarding
icebreaking activity on the Great Lakes.
Economic Assessment and Certification
This regulation 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 regulation to be so minimal that a full
Regulatory Evaluation under paragraph 10e of the regulatory policies
and procedures of the DOT is unnecessary.
Collection of Information
This regulation will impose no collection of information
requirements under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
List of Subjects in 33 CFR Part 161
Harbors, Navigation (water), Reporting and recordkeeping
requirements, Vessels, Waterways.
Regulations
In consideration of the foregoing, the Coast Guard temporarily
amends part 161 of Title 33, Code of Federal Regulations, as follows:
PART 161--VESSEL TRAFFIC MANAGEMENT
1. The authority citation for 33 CFR part 161 continues to read as
follows:
Authority: 33 U.S.C. 1231; 49 CFR 1.46.
2. From December 29, 1994 through April 15, 1995, Sec. 161.880 is
suspended and a new Sec. 161.881 is added to read as follows:
Sec. 161.881 Maximum speed limits.
(a) The following speed limits indicate the average speed over the
ground between reporting points:
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Speed limit
The speed limitbetween --------------------
Miles/hr Knots
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De Tour Reef Light and Sweets Point Light.......... 14 12.2
Round Island Light and Point Aux Frenes Light 21... 14 12.2
Munuscong Lake Lighted Buoy 8 and Everns Point..... 10 8.7
Everns Point and Reed Point........................ 7 6.0
Reed Point and Lake Nicolet Lighted Buoy 62........ 8 7.0
Lake Nicolet Lighted Buoy 62 and Lake Nicolet Light
80................................................ 10 8.7
Lake Nicolet Lighted Buoy 80 and Munuscong Lake
Light 9 (downbound, West Neebish Channel)......... 8 7.0
Lake Nicolet Light 80 and Winter Point (West
Neebish Channel).................................. 8 7.0
Lake Nicolet Light 80 and Six Mile Point Range Rear
Light............................................. 10 8.7
Six Mile Point Range Rear Light and lower limit of
the St. Marys Falls Canal:
Upbound........................................ 8 7
Downbound...................................... 10 8.7
Upper limit of the St. Marys Falls Canal and Point
Aux Pins Main Light............................... 12 10.4
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(b) Effective date. This section is effective from 8 a.m. (EDST)
December 29, 1994, through 8 a.m. (EDST) on April 15, 1995, unless
otherwise terminated by the Ninth Coast Guard District Aids to
Navigation Branch.
Dated: December 29, 1994.
Paul J. Pluta,
Captain, Coast Guard, Commander, Ninth Coast Guard District, Acting.
[FR Doc. 95-1292 Filed 1-20-95; 8:45 am]
BILLING CODE 4910-14-M
