[Federal Register Volume 59, Number 24 (Friday, February 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2605]
[[Page Unknown]]
[Federal Register: February 4, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR PART 161
[CGD09-93-037]
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 1993-94 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 27, 1993
through April 15, 1994.
FOR FURTHER INFORMATION CONTACT: Captain Roderick A. Schultz, U.S.
Coast Guard, Chief, Ninth Coast Guard District Aids to Navigation
Branch, room 2083, 1240 East Ninth Street, Cleveland, Ohio, 44199-2060,
(216) 522-3990.
SUPPLEMENTARY INFORMATION: 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 less than 30 days after Federal
Register publication. Publication of a notice of proposed rulemaking
and delay in the effective date would be contrary to the public
interest because immediate action is necessary to prevent possible
damage to the environment.
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. 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 drafter of this regulation is Captain Roderick A. Schultz, U.S.
Coast Guard, Chief, Ninth Coast Guard District Aids to Navigation
Branch.
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.
Collection of Information
This regulation will impose no collection of information
requirements under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Economic and Regulatory Evaluation
This regulation is not a significant regulatory action under
Executive Order 12866 and is not significant under the Department of
Transportation regulatory policies and procedures (44 CFR 11034, 11040;
February 26, 1979). The Coast Guard has determined that a regulatory
evaluation is unnecessary because of the minimal impact expected from
this regulation.
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. Section 161.880 is temporarily revised to read as follows:
Sec. 161.880 Maximum Speed Limits.
The following speed limits indicate the average speed over the
ground between reporting points:
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Speed limit
--------------------
The speed limit between 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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Dated: December 27, 1993.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 94-2605 Filed 2-3-94; 8:45 am]
BILLING CODE 4910-14-M
