[Federal Register Volume 60, Number 36 (Thursday, February 23, 1995)]
[Rules and Regulations]
[Pages 10020-10021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4412]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 162

[CGD09-95-006]


Temporary Speed Limits for the St. Marys River

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard 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 (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.

EFFECTIVE DATE: This regulation is effective from February 9, 1995, 
through April 15, 1995.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Scott J. Smith, Ninth Coast Guard District, Aids to 
Navigation and Waterways Management Branch, 1240 East 9th Street, 
Cleveland, Ohio 44199-2060, (216) 522-3990 or Ensign William B. Morgan, 
Group Sault Ste. Marie, 337 Water St., Sault Ste. Marie, MI 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. 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 Proposed 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 
Coast Guard 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 (LLNR 13065) and Lake Nicolet Light 80 (LLNR 
13465), upbound, and [[Page 10021]] 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.

Drafting Information

    The drafters of this regulation are Lieutenant J.G. Byron D. 
Willeford, Project Officer, Ninth Coast Guard District, Aids to 
Navigation & Waterways Management Branch, and Lieutenant and Karen E. 
Lloyd, 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 not 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 162

    Harbors, Navigation (water), Reporting and recordkeeping 
requirements, Vessels, Waterways.

Regulations

    In consideration of the foregoing, the Coast Guard temporarily 
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. From February 9, 1995 through April 15, 1995, paragraph (g) in 
Sec. 162.117 is suspended and a new paragraph (i) is added to read as 
follows:


Sec. 162.117  St. Marys River, Sault Ste. Marie, Michigan.

    (i) Speed rules. The following speed limits indicate the average 
speed over the ground between reporting points:

------------------------------------------------------------------------
                                                          Speed limit   
               The speed limit between               -------------------
                                                      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 Ranger 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
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    Dated: February 9, 1995.
Thomas A. Trosvig,
Captain, U.S. Coast Guard Commanding Officer, VTS St. Marys River.
[FR Doc. 95-4412 Filed 2-22-95; 8:45 am]
BILLING CODE 4910-14-M