Federal Register / Vol. 60, No. 14 / Monday, January 23, 1995 / Rules and Regulations 4379

action is necessary to prevent possible

damage to the environment.

Additionally, the Coast Guard issued

this temporary rule for the 1993–94

icebreaking season and no comments

were received. Therefore, nothing

would apparently be gained by prepublication.

Discussion of 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. March 25

is the fixed 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 icebreaking 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 drafters of this regulation are

Byron D. Willeford, Lieutenant Junior

Grade, U.S. Coast Guard, Project Officer,

Aids to Navigation & Waterways

Management Branch and Karen E.

Lloyd, Lieutenant, U.S. Coast Guard,

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

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. 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.

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 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. From December 29, 1994 through

April 15, 1995, § 161.880 is suspended

and a new § 161.881 is added to read as

follows:

§ 161.881 Maximum speed limits.

(a) The following speed limits

indicate the average speed over the

ground between reporting points:

The speed limit

between

Speed limit

Miles/hr Knots

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

(b) Effective date. This section is

effective from 8 a.m. (EDST) December

29, 1994, through 8 a.m. (EDST) on

April 15, 1995, unless otherwise

terminated by the Ninth Coast Guard

District Aids to Navigation Branch.

Dated: December 29, 1994.

Paul J. Pluta,

Captain, Coast Guard, Commander, Ninth

Coast Guard District, Acting.

[FR Doc. 95–1292 Filed 1–20–95; 8:45 am]

BILLING CODE 4910–14–M