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
Federal Register / Vol. 62, No. 59 / Thursday, March 27, 1997 / Rules and Regulations 14637

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 rule

to be so minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedure of

DOT is unnecessary.

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this proposal

will have a significant economic impact

on a substantial number of small

entities. ‘‘Small Entities’’ include

independently owned and operated

businesses that are not dominant in

their field and that otherwise qualify as

‘‘small business concerns’’ under

section 3 of the Small Business Act (15

U.S.C. 632).

The Coast Guard certifies under

section 605(b) of the Regulatory

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

this rule will not have a significant

economic impact on a substantial

number of small entities because the

regulations will only affect larger

vessels for three nights in a limited area.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under paragraph

2.B.2(34)(g) of Commandant Instruction

M16475.1B, this rule is categorically

excluded from further environmental

documentation. An environmental

analysis checklist and categorical

exclusion determination have been

completed and have been filed in the

rulemaking docket.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Safety Zone Regulation

In consideration of the foregoing, the

Coast Guard amends 33 CFR Part 165 as

follows:

PART 165—[AMENDED]

1. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

and 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and

160.5; and 49 CFR 1.46.

2. A new temporary § 165.T07–009 is

added to read as follows:

§ 165.T07–009 Safety Zone; Government

Cut, Miami, Florida

(a) Location. The following area is a

Safety Zone: Waters within Government

Cut channel west of buoy #14 and east

of buoy #16.

(b) Regulations. In accordance with

the general regulations in § 165.23 of

this part, entry into this zone by vessels

280 feet in length or larger is prohibited

except as authorized by the Captain of

the Port. The Captain of the Port will

notify the public of changes in the status

of this zone by Marine Safety Radio

Broadcast on VHF Marine Band Radio,

Channel 22 (157.1 MHz).

(c) Effective dates. This section

becomes effective from 6 p.m. on March

18, 1997 to 6 a.m. on March 19, 1997,

and again from 6 p.m. on March 25,

1997 to 6 a.m. on March 26, 1997, and

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

6 a.m. on April 2, 1997.

Dated: March 13, 1997.

D.F. Miller,

Captain, U.S. Coast Guard, Captain of the

Port Miami.

[FR Doc. 97–7732 Filed 3–26–97; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CCGD08–97–008]

RIN 2115–AE84

Regulated Navigation Area

Regulations; Lower Mississippi River

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary regulated

navigation area in the Lower Mississippi

River from Vicksburg, MS to Mile 88

above Head of Passes on the Mississippi

River. The regulated navigation area is

needed to protect vessels, bridges,

shoreside facilities and the public from

a safety hazard created by high water

and resulting flooding along the Lower

Mississippi River. Downbound barge

traffic is prohibited unless it is in

compliance with this regulation.

EFFECTIVE DATES: This regulation is

effective from 8:30 p.m. on March 18,

1997 and terminates at 12 p.m. on April

5, 1997.

FOR FURTHER INFORMATION CONTACT:

CDR Harvey R. Dexter, Marine Safety

Division, USCG Eighth District at New

Orleans, LA (504) 589–6271.

SUPPLEMENTARY INFORMATION:

Background and Purpose

The velocities of river currents on the

Lower Mississippi River are

approaching an all time high. Several

very recent vessel allisions with bridges

have been caused by strong currents and

eddies resulting from these flood

conditions on the Lower Mississippi

River. Consequently, the Commander,

Eighth Coast Guard District has

identified a need to place horsepower

and other operating restrictions on tow

boats downbound on the Mississippi

River to assure adequate safe power for

navigation. This emergency Temporary

Regulated Navigation Area extends from

one mile above the Interstate 20

Highway Bridge at Vicksburg,

Mississippi (Lower Mississippi River

Mile 437), to Algiers Cutoff Canal at

Mile 88 above Head of Passes.

Downbound tows shall be restricted as

follows:

(a) Tow boats with a brake

horsepower of 7,400 (7,400 bhp) and

greater shall be limited to a 25 barge

tow.

(b) Tow boats with a brake

horsepower of 6,000 (6,000 bhp), but

less than 7,400 bhp, shall be limited to

a 20 barge tow.

(c) For all other tows the following

minimum brake horsepower

requirements apply:

1. Loaded standard size dry cargo

barges (195′ by 35′) traveling

southbound: 300 brake horsepower per

barge minimum.

2. For all other loaded dry cargo

barges and all loaded liquid barges

southbound: One brake horsepower

minimum for each 5 deadweight tons of

cargo.

3. For tows consisting of empty

standard size dry cargo barges traveling

southbound at Algiers Point: 200 brake

horsepower per barge.

4. For tows containing mixed empty

and loaded barges, the higher, loaded,

brake horsepower standard applies (300

brake horsepower).

(d) For tows of 20 barges or larger,

downbound transit through the Baton

Rouge Railroad and Highway Bridge,

also known as the Highway 190 Bridge,

is restricted to daylight only.