Federal Register / Vol. 62, No. 59 / Thursday, March 27, 1997 / Rules and Regulations 14635

604(b) that this rulemaking will not

have a significant economic impact on

a substantial number of small entities.

Collection of Information

This final rule contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

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 rulemaking does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Enviornment

The Coast Guard considered the

environmental impact of this final rule

and concluded that under paragraph

2.B.2.g(5) of Commandant Instruction

M16475.1B, this rulemaking is

categorically excluded from further

environmental documentation. A

‘‘Categorical Exclusion Determination’’

has been prepared and placed in the

rulemaking docket.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

In consideration of the foregoing, Part

117 of Title 33, Code of Federal

Regulations, is amended as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. Section 117.433 is revised to read

as follows:

§ 117.433 Bonfouca Bayou.

The draw of the S433 bridge, mile 7.0,

at Slidell, shall operate as follows:

(a) The draw need not open for

passage of vessels from 7 a.m. to 8 a.m.

and from 1:45 p.m. to 2:45 p.m.,

Monday through Friday except Federal

Holidays.

(b) The draw need open only on the

hour and half-hour from 6 a.m. to 7 a.m.

and from 3 p.m. to 6 p.m., Monday

through Friday except Federal holidays.

(c) The draw shall open a signal from

9 p.m. to 5 am., if at least 4 hours notice

is given to the Louisiana Department of

Transportation and Development

Security Service at (504) 375–0100.

(d) At all other times the draw shall

open on signal.

Dated: March 7, 1997.

T.W. Josiah,

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

Eighth Coast Guard District.

[FR Doc. 97–7730 Filed 3–26–97; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 162

[CGD09–97–005]

Temporary Speed Limits for the St.

Marys River

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is making a

temporary amendment to the speed

limits for the St. Marys River during the

1996–97 icebreaking season. This

amendment reduces the speed limit by

2 miles per hour through that part of the

system, between Munuscong Channel

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: This regulation is effective from

March 13, 1997, through April 15, 1997.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (Junior Grade) John Marian,

U.S. Coast Guard, Group Sault Ste.

Marie, 337 Water Street, Sault Ste.

Marie, Michigan, 49783, (906) 635–

3303.

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

action is necessary to prevent possible

damage to the environment.

Discussion of Proposed Regulation

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 fix 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. This speed

reduction is a precautionary measure to

minimize possible damage to the

environment. The speed limit is being

reduced by 2 statute miles per hour in

the area between Munuscong Channel

Lighted Buoy 8 (LLNR 13065) and Lake

Nicolet Light 80 (LLNR 13465),

upbound, and between Lake Nicolet

Lighted Buoy 80 (LLNR 13465) and

West Neebish Channel Light 9 (LLNR

13715), downbound. The West Neebish

Channel 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 West Neebish

Channel Light 9. Speed limits apply to

the average speed between established

reporting points.

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 of the locks at

Sault Ste. Marie. [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

1997)]. 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
14636 Federal Register / Vol. 62, No. 59 / Thursday, March 27, 1997 / Rules and Regulations

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.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

considered whether this rule will have

a significant economic impact on a

substantial number of small entities.

‘‘Small entities’’ include 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.

Therefore, the Coast Guard certifies

under section 605(b) of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.) that

this final rule will not have a significant

economic impact on a substantial

number of small entities.

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.

Final Regulation

In consideration of the foregoing, the

Coast Guard amends 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. Section 162.117 is amended by

adding a new paragraph (g)(3) effective

from March 13, 1997, through April 17,

1997, to read as follows:

§ 162.117 St. Marys River, Sault Ste. Marie,

Michigan.

* * * * *

(g) * * *

(3) Speed rules. From March 13, 1997,

through April 15, 1997, the following

speed limits indicate the average speed

over the ground between reporting

points:

The speed limit between

Speed limit

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 Channel 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 West Neebish Channel 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

* * * * *

Dated: March 13, 1997.

T.A. Trosvig,

Captain, U.S. Coast Guard, Commanding

Officer, C.G. Group Sault.

[FR Doc. 97–7729 Filed 3–26–97; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[COTP MIAMI–97–009]

RIN 2115–AA97

Safety Zone Regulations; Government

Cut, Miami, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone, in

the vicinity of Government Cut, Miami,

FL. The safety zone is needed to ensure

the safety of mariners as well as the

construction crew involved in drilling

operations associated with the

replacement of sewage lines buried

beneath Government Cut. Entry into this

zone by vessels 280 feet in length or

larger is prohibited, unless specifically

authorized by the Captain of the Port.

EFFECTIVE DATES: Effective dates and

times are as follows. All times are local

Eastern Standard Time or Eastern

Daylight Savings Time, as appropriate.

The regulations will be in effect from 6

p.m. on March 18, 1997 to 6 a.m. to

March 19, 1997; from 6 p.m. on March

25, 1997 to 6 a.m. on March 26, 1997;

from 6 p.m. on April 1, 1997 to 6 a.m.

on April 2, 1997.

FOR FURTHER INFORMATION CONTACT: LT

Carlos A. Torres, Coast Guard Marine

Safety Office Miami, at (305) 535–8744.

SUPPLEMENTARY INFORMATION:

Background and Purpose

The Miami-Dade Water and Sewer

Department is proposing to construct a

new 60′′ sanitary sewer force main

under Government Cut. The proposed

construction technique is

microtunneling. This technique will

allow the force main to be built as a

tunnel, thereby minimizing future

disruption of marine traffic in

Government Cut. The project consists of

10 geotechnical borings, 90 feet in

depth, in alignment between south

Miami Beach, FL and Fisher Island, FL.

This safety zone is established in the

Port of Miami’s Government Cut

navigation channel, and consists of the

area west of buoy #14 and east of buoy

#16. The safety zone is needed to ensure

the safety of mariners as well as

construction crew involved in drilling

operations associated with the

replacement of sewage lines buried

beneath Government Cut. Entry into this

safety zone for vessels 280 feet in length

or larger is prohibited, unless

specifically authorized by the Captain of

the Port.

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 in

less than 30 days after Federal Register

publication. Less than 60 days advance

notice was provided to the Coast Guard

concerning the planned drilling

operations. Publishing a NPRM and

delaying its effective date would be

contrary to the public interest since

immediate action is needed to ensure

the safe development of the project.

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