[Federal Register Volume 60, Number 14 (Monday, January 23, 1995)]
[Rules and Regulations]
[Pages 4378-4379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1292]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 161

[CGD09-94-036]
RIN 2115-AF01


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 1994-95 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 29, 1994, 
through April 15, 1995.

FOR FURTHER INFORMATION CONTACT:
Scott J. Smith, Lieutenant, U.S. Coast Guard, Aids to Navigation and 
Waterways Management Branch, Ninth Coast Guard District, 1240 East 9th 
Street, Cleveland, Ohio 44199-2060, (216) 522-3990.

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 [[Page 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 pre-
publication.

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, Sec. 161.880 is 
suspended and a new Sec. 161.881 is added to read as follows:


Sec. 161.881  Maximum speed limits.

    (a) The following speed limits indicate the average speed over the 
ground between reporting points:

------------------------------------------------------------------------
                                                         Speed limit    
               The speed limitbetween               --------------------
                                                     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