10020 Federal Register / Vol. 60, No. 36 / Thursday, February 23, 1995 / Rules and Regulations

final rule to be so minimal that a full

Regulatory Evaluation under paragraph

10e of the regulatory policies and

procedures of DOT is unnecessary. The

basis for this finding is that Anchorage

7 is already being utilized within the

boundaries set forth in this final rule.

Small Entities

Under 5 U.S.C. 601 et seq., known as

the Regulatory Flexibility Act, the Coast

Guard must consider whether this final

rule will 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). Since the impact of this

final rule is expected to be minimal, the

Coast Guard will certify under 5 U.S.C.

605(b), that this final rule will not have

a significant economic impact on a

substantial number of small entities.

Collection of Information

This final rule contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

This final rule has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it is anticipated that this

final rulemaking will not raise sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

This final rulemaking has been

thoroughly reviewed by the Coast Guard

and determined to be categorically

excluded from further environmental

documentation in accordance with

section 2.B.2.e of Commandant

Instruction M16475.1B. It has been

determined that a Categorical Exclusion

Determination statement is not required

(see 59 FR 38654, July 29, 1994).

List of Subjects in 33 CFR Part 110

Anchorage Grounds.

Final Regulations

For the reasons set out in the

preamble, Part 110 of Title 33, Code of

Federal Regulations is amended as

follows:

PART 110—ANCHORAGE

REGULATIONS

1. The authority citation for Part 110

continues to read as follows:

Authority: 33 U.S.C. 471, 2030, 2035 and

2071; 49 CFR 1.46 and 33 CFR 1.05–1(g).

Section 110.1a and each section listed in

110.1a are also issued under 33 U.S.C. 1223

and 1231.

2. In § 110.157 paragraph (a)(8) is

revised to read as follows:

§ 110.157 Delaware Bay and River.

(a) * * *

(8) Anchorage 7 off Marcus Hook. (i)

On the southeast side of the channel

along Marcus Hook Range, bounded by

a line connecting the following points:

Latitude Longitude

39°49′17.254′′ N 75°22′50.0994′′ W

39°48′39.984′′ N 75°23′17.238′′ W

39°47′45.309′′ N 75°25′01.278′′ W

39°47′43.111′′ N 75°26′00.186′′ W

(DATUM: NAD 83)

(ii) A vessel that is arriving from or

departing for sea and that requires an

examination by public health, customs,

or immigration authorities shall anchor

in the preferential area of this anchorage

designated for the use of vessels

awaiting quarantine inspection, this

area being the waters bounded by the

arc of a circle with a radius of 366 yards

and with the center located at:

Latitude Longitude

39°48′46.334′′ N 75°23′26.881′′ W

(DATUM: NAD 83)

(iii) Should the remainder of the

anchorage be in use, the preferential

area, when available, may be used by

vessels not subject to quarantine

inspection.

* * * * *

Dated: January 23, 1995.

W.J. Ecker,

Rear Admiral, U.S. Coast Guard Commander,

Fifth Coast Guard District.

[FR Doc. 95–4410 Filed 2–22–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 162

[CGD09–95–006]

Temporary Speed Limits for the St.

Marys River

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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 prepublication.

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
Federal Register / Vol. 60, No. 36 / Thursday, February 23, 1995 / Rules and Regulations 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

§ 162.117 is suspended and a new

paragraph (i) is added to read as follows:

§ 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:

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

The speed limit between

Speed limit

Miles/hr Knots

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

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

POSTAL SERVICE

39 CFR Part 111

Contents of Second-Class Mail

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: On July 20, 1994, the Postal

Service published a proposed rule for

public comment in the Federal Register

(59 FR 37011–37018) that would revise

the current standards in the Domestic

Mail Manual (DMM) on materials

eligible for mailing at second-class rates

with authorized second-class

publications. This final rule adopts most

of the proposed changes to the

standards governing the contents and

characteristics of second-class mail.

The final rule adopts the proposed

objective criteria for determining which

materials may be mailed at second-class

rates, revises the regulations on pages

with‘‘novel characteristics,’’ and

liberalizes the standards governing the

mailing of products and product

samples. The final rule adds

instructions specifying how advertising

content is measured and a new

definition of public service

announcements. The Postal Service has

decided not to adopt the proposal to

remove the current advertising