Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 45719

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 162

[CGD 09–97–021]

RIN 2115–AE84

Inland Waterways Navigation

Regulations—Temporary Reduction in

Speed Limits on the St. Clair River,

Great Lakes

AGENCY: Coast Guard, DOT.

ACTION: Temporary Final Rule with

Request for Comments.

SUMMARY: The Coast Guard is making a

temporary reduction in the speed limits

on the St. Clair River in order to reduce

the possibility of wake or surge damage

due to unusually high water.

DATES: This regulation becomes

effective July 25, 1997, and terminates

on December 15, 1997. Comments must

be received on or before October 28,

1997.

ADDRESSES: Comments and supporting

materials should be mailed or delivered

to Commander Eric Reeves, Chief,

Marine Safety Analysis and Policy

Branch, Ninth Coast Guard District,

Room 2069, 1240 E. Ninth Street,

Cleveland, Ohio, 44199–2060, emailed

to EReeves@D9.uscg.mil, or telefaxed to

(216) 902–6059. Please reference the

name of the proposal and the docket

number in the heading above. If you

wish receipt of your mailed comment to

be acknowledged, please include a

stamped self-addressed envelope or

postcard for that purpose. Comments

and materials received will be available

for public inspection at the above

location from 9 a.m. to 3 p.m. Monday

through Friday except federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Benjamin Smith, Port

Operations Officer, Marine Safety Office

Detroit, at (313) 568–9580, or

Commander Eric Reeves, Chief, Marine

Safety Analysis and Policy Branch,

Ninth Coast Guard District, at (216)

902–6049.

SUPPLEMENTARY INFORMATION:

Notice

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

loss of life, injury, or damage to

property which could result from the

wakes and surges generated along the

St. Clair River during this period of

unusually high water. Although this

regulation is being published as a final

rule without prior notice because of the

emergency created by high water, public

comment is desirable so that the Coast

Guard may consider appropriate

amendments to the regulation during

the remainder of the 1997 navigation

season. Persons wishing to comment

may do so by submitting written

comments to the office listed under

ADDRESSES in this preamble.

Commenters should include their names

and addresses, phone numbers, fax

numbers, and email addresses if

available, identify the docket number

for the regulations (CGD 09–97–021),

and provide the reasons for their

comments. Based on the comments

received, the regulation may be

changed.

Background and Purpose

The St. Clair River is the connecting

channel between Lake Huron and Lake

St. Clair, and is a relatively narrow

commercial channel cut through areas

of low and sensitive shoreline. The local

communities have long been concerned

about wake or surge damage caused by

both recreational and commercial

vessels, and there have been repeated

requests for the U.S. Coast Guard to

consider reductions in the commercial

speed limits. The U.S. Coast Guard

conducted two detailed reviews of the

speed limits in 1983 and 1995. The last

review in 1995 tentatively concluded

that it was not necessary to make

permanent reductions in the existing

limit of 12 miles per hour, but that

temporary reductions would be

appropriate, especially for upbound

vessels, during periods of unusually

high water. At this time, water levels in

Lake Huron and Lake St. Clair are

approximately 18 and 24 inches above

normal, and approximately 6 inches

below all-time historic highs. These

high water levels create a situation in

which damaging and even dangerous

waves can be produced by the surges

from large commercial vessels which are

operating within the established speed

limit of 12 miles per hour. The U.S.

Coast Guard Marine Safety Office in

Detroit, which monitors navigation in

this area, has received an unusually

high number of complaints about wakes

from residents along the river in recent

months. Although high wakes are also

created by recreational vessels not

governed by these regulations operating

at high speeds (a problem which is

being addressed separately) it is clear

that significant surges can be created by

large commercial vessels operating at

relatively low speeds in the narrow

channel simply because of the amount

of water displaced, the confines of the

channel, and the height of the water.

These surges can cause property damage

by impact on the shoreline and even

personal injury by unexpected waves

washing over seawalls and roadways.

The residents have expressed a special

concern about the danger to children

who may be caught by waves on the

seawalls. Information from the U.S.

Army Corps of Engineers, which

monitors lake levels, indicates that these

high levels are likely to continue

throughout the remainder of the 1997

navigation season. The U.S. Coast Guard

has consulted with other authorities and

interests in the local maritime

community, including representatives of

the Transport Canada Marine Safety

Office Sarnia, which has jurisdiction

over the Canadian waters of the St. Clair

River, the Canadian Coast Guard Vessel

Traffic Service Sarnia, the U.S. Army

Corps of Engineers, the Lake Carriers’

Association, Canadian shipping

companies, U.S. and Canadian pilots

associations, and the International

Shipmasters Association. Based upon

that consultation, the U.S. Coast Guard

believes that there is a serious problem

created by the current high water

conditions, and that some temporary

reduction in speeds for upbound

commercial vessels in part of the river

is required. The reduction will affect

upbound vessels only, because vessel

moving downbound with the current

produce less disturbance. The reduction

will be from 12 miles per hour to 10

miles per hour in the section from

Harsens Island Rear Range Light to Buoy

42, a length of approximately 11.5

statute miles from the southern end of

Harsens Island to Marine City, in the

lower half of the St. Clair River (where

shorelines are lowest and most

sensitive). The delay imposed on

upbound commercial vessels will be

approximately 12 minutes. Any delay in

the movement of a large commercial

vessel is costly, but the relative effect of

this 12 minute delay on both foreign

and domestic vessels, which typically

take days in transit between major ports

in the Great Lakes, applied across the

board to all vessels and their

competitors, should have a minimal

economic impact. This regulation was

drafted in consultation with the

Canadian authorities, and it is expected

that they will make corresponding

changes to speed limits on the Canadian

side of the international line running

along the river.
45720 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations

Environment

The Coast Guard has considered the

environmental impact of this regulation

and concluded that, under section

2.B.2.c of Coast Guard Commandant

Instruction M16475.1B, it is

categorically excluded from further

environmental documentation, and has

so certified in the docket file.

Federalism

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

this regulation does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

As indicated by the permanent

regulations being temporarily amended,

the regulation of commercial vessel

speed in this binational navigation

channel is traditionally regulated by the

U.S. Coast Guard.

Regulatory Evaluation

This regulation is considered to be

nonsignificant under Executive Order

12866 on Regulatory Planning and

Review and nonsignificant under

Department of Transportation regulatory

policies and procedures (44 FR 11034 of

February 26, 1979), and is expected to

have minimal, economic impact for the

reasons given in the ‘‘Background and

Purpose’’ section above.

Collection of Information

This regulation will impose no

collection of information requirements

under the Paperwork Reduction Act, 44

U.S.C. 3501 et seq.

Authority

This regulation is issued pursuant to

33 U.S.C. 1225 and 1231, as set out in

the authority section for all of Part 162.

List of Subjects in 33 CFR Part 162

Harbors, Marine Safety, Navigation

(water), Security measures, Vessels,

Waterways.

Regulations: In consideration of the

foregoing, part 162 of title 33, Code of

Federal Regulations, is amended as

follows:

1. The authority citation for part 162

continues to read as follows:

Authority: 33 U.S.C. 1231; 49 CFR 1.46.

2. Amend section 162.138 by

temporarily suspending paragraph

(a)(1)(i) from July 25 to December 15,

1997 and adding a new paragraph

(a)(1)(iv) to read as follows:

§ 162.138 Connecting waters from Lake

Huron to Lake Erie; speed rules.

(a) * * *

(1) * * *

(iv) 12 statute miles per hour (10.4

knots) between Fort Gratiot Light and

St. Clair Canal Light 2, subject to a limit

of 10 statute miles per hour (8.7 knots)

for upbound vessels between Harsens

Island Rear Range Light to the charted

position of Buoy number 42 from July

25, 1997 to December 15, 1997 except

when waived or terminated by the Coast

Guard Captain of the Port Detroit or the

Commander of the Ninth Coast Guard

District;

* * * * *

Dated: August 12, 1997.

J.F. McGowan,

Rear Admiral, U.S. Coast Guard, Commander,

Ninth Coast Guard District.

[FR Doc. 97–23068 Filed 8–28–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–97–082]

RIN 2115–AA97

Safety and Security Zones;

Presidential Visit, Martha’s Vineyard,

MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing temporary moving safety

and security zones, with identical

boundaries, around the President of the

United States during his vacation on

Martha’s Vineyard, Massachusetts. The

security zone is needed to safeguard the

President from sabotage or other

subversive acts, accidents, or other

causes of a similar nature. The safety

zone is necessary to protect the

spectators and the President’s

entourage. Entry into the zones is

prohibited unless authorized by the

Captain of the Port, Providence, Rhode

Island or the Coast Guard Presidential

Security Detail Senior Duty Officer.

EFFECTIVE DATE: This regulation is

effective from August 17, 1997, to

September 7, 1997, or for the duration

of the President’s visit, unless

terminated sooner by the Captain of the

Port.

ADDRESSES: Documents relating to this

temporary final rule are available for

inspection and copying at U.S. Coast

Guard Marine Safety Office Providence,

20 Risho Avenue, East Providence, RI

02914. Normal office hours are between

8:00 a.m. and 4:00 p.m., Monday

through Friday, except holidays.

FOR FURTHER INFORMATION CONTACT:

Lt. Ronald Cantin, Marine Safety Field

Office, Cape Cod, MA, (508) 968–6556.

SUPPLEMENTARY INFORMATION:

Drafting Information: The principal

person involved in drafting this

document is Lt. R.J. Cantin, Project

Manager.

Regulatory History

Pursuant to 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.

Due to the sensitive and unpredictable

nature of the President’s schedule, the

Coast Guard received insufficient notice

to publish proposed rules in advance of

the event. Publishing a NPRM and

delaying its effective date would be

contrary to public interest since

immediate action is needed to protect

the President.

Background and Purpose

From August 17, 1997, to September

7, 1997, President Clinton will be

vacationing on Martha’s Vineyard, MA.

While vacationing, the President may be

involved in a myriad of activities

including boating or fishing trips,

swimming, jogs along the beach, dinners

at waterfront restaurants, golfing, etc.

This temporary rule establishes

moving safety and security zones

around the President which extend 500

yards in all directions. The zones are

needed for the safety and security of the

President, as well as spectators and the

President’s entourage.

It is not possible to predict the

President’s exact movements on

Martha’s Vineyard. Accordingly, the

Coast Guard Captain of the Port or the

Coast Guard Presidential Security Detail

Senior Duty Officer will activate these

500 yard safety and security zones in all

directions around the President when

necessary to protect the President.

Notice of the exact location of the safety

and security zones will be given via

loudhailer, channels 16 and 22 VHF, or

through Safety Marine Information

Broadcasts, as appropriate. The zones

will be activated when the President is

on or near the waters of the United

States and may be expanded or reduced

as necessary to protect the President.

The safety and security zones have

identical boundaries. Both are necessary

since a civil penalty as authorized by 33

USC 1232(b)(1) cannot be assessed for

security zone violations but can be for

safety zone violations. All persons,

other than those authorized by the

Captain of the Port or the Coast Guard

Presidential Security Detail Senior Duty