4378 Federal Register / Vol. 60, No. 14 / Monday, January 23, 1995 / Rules and Regulations

allow sufficient time to receive

comments prior to the effective date of

the closure. The decision to proceed

directly to a final temporary regulation

was considered because of the urgent

need for bridge repairs and the fact that

the boating season has concluded. The

waterway is generally frozen during the

months that this temporary regulation

will be in effect.

Discussion of Amendments

The temporary regulations will revise

the current regulations for seventy five

(75) days and allow the bridge to remain

in the closed position at all times

beginning at 7 a.m. on January 16, 1995

and ending at 7 a.m. on April 1, 1995.

The temporary regulations are issued

pursuant to 33 CFR 117.35. The VAOT

requested the closure to remove and

replace the electrical and mechanical

systems of the bridge. The closure of the

bridge will prevent vessel transits

except for those low clearance vessels

which can pass under the closed span.

In 1993 there was only one bridge

opening prior to May 15. There were

3,645 openings between May 15 and

October 15 and four openings after

October 15.

An auxiliary motor will be provided

during the closure to allow the bridge to

open for emergency situations.

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

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

final temporary regulation to be so

minimal that a full Regulatory

Evaluation, under paragraph 10e of the

regulatory policies and procedures of

DOT, is unnecessary. This opinion is

based upon the fact that the closure will

be accomplished outside the peak

boating season and when the waterway

is generally frozen. This final temporary

regulation will not prevent the passage

of vessels that are able to pass under the

closed span.

Small Entities

Under the Regulatory Flexibility Act

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

considered whether this final temporary

regulation would have a significant

economic impact on a substantial

number of small entities. ‘‘Small

entities’’ include independently owned

and operated small 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). Because of

the reasons discussed in the Regulatory

Evaluation above, the Coast Guard

certifies under 5 U.S.C. 605(b) that this

final temporary regulation will not have

a significant economic impact on a

substantial number of small entities.

Collection of Information

This final temporary regulation

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

final temporary regulation in

accordance with the principles and

criteria contained in Executive Order

12612 and it has determined that this

regulation does not have sufficient

federalism implications to warrant

preparation of a Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this final

temporary regulation and concluded

that, under section 2.B.2.e.(32)(e) of

Commandant Instruction M16475.1B,

this rule is categorically excluded from

further environmental documentation.

A Categorical Exclusion Determination

is available in the docket for inspection

or copying where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

For the reasons set out in the

preamble, the Coast Guard is amending

33 CFR part 117 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, Stat.

5039.

2. In § 117.797, from 7 a.m., January

16, 1995 through 7 a.m., April 1, 1995,

paragraph (b) is suspended and a new

paragraph (e) is added to read as

follows:

§ 117.797 Lake Champlain.

* * * * *

(e) The draw of the US2 bridge, mile

91.8 between Sandy Island and North

Hero Island need not open for the

passage of any vessel.

3. In § 117.993, from 7 a.m., January

16, 1995 through 7 a.m., April 1, 1995,

paragraph (b) is suspended and a new

paragraph (e) is added to read as

follows:

§ 117.993 Lake Champlain.

* * * * *

(e) The draw of the US2 bridge, mile

91.8 between Sandy Island and North

Hero Island need not be opened for the

passage of any vessel.

* * * * *

Dated: December 30, 1994.

J.L. Linnon,

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

First Coast Guard District.

[FR Doc. 95–1291 Filed 1–20–95; 8:45 am]

BILLING CODE 4910–14–M

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.

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
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