[Federal Register Volume 60, Number 198 (Friday, October 13, 1995)]
[Proposed Rules]
[Pages 53318-53319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25459]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
33 CFR Part 162
[CGD09-95-027]
Temporary Speed Limits for the St. Marys River
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to make a temporary amendment to the
speed limits for the St. Marys River during the 1995-96 icebreaking
season. This amendment will reduce the speed limit by 2 miles per hour
through that part of the system, between Munuscong Lake Lighted Buoy 8
(lLNR 13065) and Lake Nicolet Light 80 (LLNR 13465) upbound and between
Lake Nicolet Light 80 (LLNR 13465) and West Neebish Channel Light 9
(LLNR 13715) 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.
DATES: Comments must be received on or before November 13, 1995.
ADDRESSES: Comments should be mailed to Commanding Officer, U.S. Coast
Guard, Vessel Traffic Service, 337 Water Street, Sault Ste. Marie, MI
49783. The comments will be available for inspection and copying at the
Coast Guard Vessel Traffic Service, 337 Water Street, Sault Ste. Marie,
Michigan. Normal office hours are between 8 a.m. and 4 p.m., Monday
through Friday, except holidays. Comments may also be hand delivered to
this address.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Eric Ensign, U.S. Coast Guard, Group Sault Ste. Marie, 337
Water Street, Sault Ste. Marie, Michigan, 49783, (906) 635-3303.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their name and address,
identify this rulemaking [CGD09-95-027] and the specific section of
this proposal to which each comment applies, and give a reason for each
comment. Persons wanting acknowledgment of receipt of comments should
enclose a stamped, self-addressed postcard or envelope. The Coast Guard
plans no public hearing. Persons may request a public hearing by
writing to the Project Officer at the address under ADDRESSES. If it
determines that the opportunity for oral presentations will aid this
rulemaking, the Coast Guard will hold a public hearing at a time and
place announced by a later notice in the Federal Register.
Discussion of Proposed 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.
April 1 is the nominal 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 ice breaking is
being conducted in the vicinity of Neebish Island, St. Marys 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 (LLNR 13065)
and Lake Nicolet Light 80 (LLNR 13465), upbound, and between Lake
Nicolet Light 80 (LLNR 13465) and Munuscong Lake Light 9 (LLNR 13715),
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.
The comment period for this proposal is less than 60 days to allow
the public an opportunity to comment on the proposal, yet still provide
adequate time for a final rule to be published before the beginning of
the ice breaking season. The Coast Guard has established temporary
changes in speed limits on the St. Marys River during icebreaking
season for several years and therefore it is the Coast Guard's view
that 30 days provides adequate opportunity for public comment on this
proposal.
Drafting Information
The drafter of this regulation is Lieutenant Eric Ensign, Project
Officer, U.S. Coast Guard, Vessel Traffic Service Sault Ste. Marie,
Michigan and Lieutenant Charles D. Dahill, 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
[[Page 53319]]
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. They have been exempted from review by the Office of
Management and Budget under that order. They are 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 these regulations 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 162
Harbors, Navigation (water), Reporting and recordkeeping
requirements, Vessels, Waterways.
Proposed Regulations
In consideration of the foregoing, the Coast Guard proposes to
amend Part 162 of Title 33, Code of Federal Regulations, as follows:
PART 162--INLAND WATERWAYS NAVIGATION REGULATIONS
1. The authority citation for 33 CFR Part 162 continues to read as
follows:
Authority: 33 U.S.C. 1231; 49 CFR 1.46.
2. The table in Sec. 162.117(g) is suspended and a new paragraph
(g)(3) is added to read as follows:
Sec. 162.117 St. Marys River, Sault Ste. Marie, Michigan.
* * * * *
(g) * * *
(3) Winter speed limits effective December 29, 1995, through April
15th, 1996. The following table of temporary winter speed limits
supersede those listed in Table 162.117(g)--St. Marys River Speed Rules
and indicate the maximum speed over the ground between reporting points
for the period December 29, 1995 through April 15th, 1996:
Table 162.117(g)(3).--Temporary Winter Speed Limit Regulations
------------------------------------------------------------------------
Speed limit
The speed limit between ---------------
Mph Kts
------------------------------------------------------------------------
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 7.0
Downbound............................................. 10 8.7
Upper limit of the St. Marys Falls Canal and Point Aux
Pins Main Light........................................ 12 10.4
------------------------------------------------------------------------
* * * * *
T.A. Trosvig,
Captain, U.S. Coast Guard, Commanding Officer, VTS St. Marys River.
FR Doc. 95-25459 Filed 10-12-95; 8:45 am]
BILLING CODE 4910-14-M
