8942 Federal Register / Vol. 60, No. 32 / Thursday, February 16, 1995 / Rules and Regulations

time between 10:30 a.m. and 1:30 p.m.

on Wednesdays. Flotilla size was

specified.

Discussion of Comments and Changes

At the end of the comment period for

the temporary deviation to regulations,

the Coast Guard received twenty-one

comments. One comment letter, from

the City of Chicago, expressed

opposition to any permanent regulation

for the Spring Breakout in 1995. In

response to a request for data, the City

stated the data would be provided to the

Coast Guard on June 15, 1995. In

addition, they proposed one weekday

daylight opening and weekend

openings. Thirteen of the other twenty

comment letters favored not effecting

any change to the regulations that are in

place now and expressed opposition to

establishing minimums and maximums

for recreational vessel flotilla sizes that

would be allowed to pass through the

bridges. Other commenters indicated

that if a change is necessary, there

should be daylight openings during the

weekdays and not restrict openings to

strictly nighttime hours from Monday

through Friday. These commenters also

expressed opposition to establishing a

minimum and maximum of boats that

would be required for the bridges to be

opened. Representatives from the

Chicago River boat yards in their

comments stated they did not favor a

permanent regulation for the Spring

Breakout in 1995, but favor the existing

regulatory structure.

The District Commander has

authorized the temporary deviation to

commence on April 15, 1995, and

remain in effect for a period of ninety

(90) days. This deviation would require

that the City open their bridges seven

days a week for the passage of

recreational vessels only when notice is

given twenty-four hours in advance of a

vessel’s time of intended passage

through the draws. However, the bridges

subject to this deviation need not open

for the passage of recreational vessels

from 7:30 a.m. to 10 a.m. and 4 p.m. to

6:30 p.m., Mondays through Fridays. No

requirement as to minimum or

maximum flotilla size will be imposed.

This deviation will facilitate data

gathering and scheduling and will

support safety while addressing

concerns of all parties during the Spring

period when most recreational vessels

traditionally return to Lake Michigan

from winter storage at the Chicago River

boat yards. The temporary deviation

from the operating requirements at 33

CFR 117.391 governing bridges owned

by the City of Chicago over the Chicago

River would read as follows:

The bridges affected by this deviation

are listed below:

Main Branch

Lake Shore Drive

Columbus Drive

Michigan Avenue

Wabash Avenue

State Street

Dearborn Street

Clark Street

LaSalle Street

Wells Street

Franklin-Orleans Street

South Branch

Lake Street

Randolph Street

Washington Street

Monroe Street

Madison Street

Adams Street

Jackson Boulevard

Van Buren Street

Eisenhower Expressway

Harrison Street

Roosevelt Road

18th Street

Canal Street

South Halsted Street

South Loomis Street

South Ashland Avenue

North Branch

Grand Avenue

Ohio Street

Chicago Avenue

N Halsted Street

This deviation from normal operating

regulations is authorized in accordance

with the provisions of title 33 of the

Code of Federal Regulations, § 117.43,

and applies only to the passage of

recreational vessels. Under this

deviation the bridges listed above

operated by the City of Chicago shall

operate as follows:

(a) The bridges covered by this

deviation need not open for the passage

of vessels Mondays through Fridays

from 7:30 a.m. to 10 a.m. and 4 p.m. to

6:30 p.m.

(b) At all other times the draws shall

open on signal if notice is given twentyfour hours in advance of a vessel’s time

of intended passage through the draws.

(c) This period of deviation is

effective from April 15, 1995 through

July 14, 1995.

Dated: February 10, 1995.

Paul J. Pluta,

Captain, U.S. Coast Guard, Commander,

Ninth Coast Guard District, Acting.

[FR Doc. 95–3952 Filed 2–15–95; 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; Correction

AGENCY: Coast Guard, DOT.

ACTION: Final rules.

SUMMARY: This document corrects the

temporary final regulations [CGD09–94–

036] which were published on Monday,

January 23, 1995, (60 FR 4378)

concerning the Speed Limits for the St.

Marys River.

EFFECTIVE DATE: February 16, 1995.

FOR FURTHER INFORMATION CONTACT:

Ms. Irene Hoffman, Project Manager,

Vessel Traffic Services Division (G–

NVT), at (202) 267–6277.

SUPPLEMENTARY INFORMATION:

Background

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 may make temporary

changes to the speed regulations for

periods during the winter season when

icebreaking is being conducted in the

vicinity of Neebish Island, St. Marys

River, Michigan, as a precautionary

measure to minimize any possible

damage to the environment.

In 59 FR 36324 of July 15, 1994;

sections 161.1 through 161.60 of 33 CFR

Part 161 were revised. In this document

revising Part 161, speed limit

regulations for the St. Marys River were

placed in 33 CFR Part 162.

On January 23, 1995, a document was

published at page 4378 to amend 33

CFR Part 161. This document, intended

to address temporary speed limits in the

St. Marys River, amended Part 161 by

suspending § 161.880 and adding

§ 161.881. The suspension and addition

were effective from December 29, 1994

through April 15, 1995.

Need for Correction

The January 23, 1995, amendments

did not make the needed temporary

changes to the St. Marys River speed

limits. That publication, therefore,

needs to be revoked. A new temporary

rulemaking addressing the St. Marys

River speed limits in 33 CFR 162.117

will be prepared for publication.

For this reason, under the authority of

33 U.S.C. 1231 and 49 CFR 1.46, the

suspension of § 161.880 is terminated

and § 161.881 is removed.
Federal Register / Vol. 60, No. 32 / Thursday, February 16, 1995 / Rules and Regulations 8943

Dated: February 8, 1995.

G.A. Penington,

Rear Admiral, U.S. Coast Guard, Chief, Office

of Navigation, Safety and Waterways Services.

[FR Doc. 95–3833 Filed 2–15–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[COTP Memphis 95–001]

RIN 2115–AA97

Safety Zone; Lower Mississippi River,

Mile 579.0 to mile 581.0

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a safety zone on the Lower

Mississippi River mile 579.0 to mile

581.0. This regulation is needed to

restrict vessel traffic in the regulated

area to prevent a collision with vessel

salvage equipment and to provide a safe

work area for salvage personnel. The

regulation restricts navigation in the

regulated area and may have an effect

on commercial traffic.

EFFECTIVE DATES: This regulation is

effective on January 7, 1995, and will

terminate on December 31, 1995.

FOR FURTHER INFORMATION CONTACT:

LT Byron Black, Chief, Port Operations,

Captain of the Port, Memphis,

Tennessee at (901) 544–3941.

SUPPLEMENTARY INFORMATION:

Drafting Information

The drafters of this regulation are LT

Byron Black, Project Officer, Marine

Safety Office, Memphis, Tennessee and

LCDR A. O. Denny, Project Attorney,

Second Coast Guard District Legal

Office.

Regulatory History

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. Following normal

rulemaking procedures would have

been impracticable. Specifically, river

conditions are now favorable to salvage

three sunken barges located midchannel at mile 580.0 in the Lower

Mississippi River. Traffic restrictions

are required for salvage personnel to

safely conduct salvage operations

during windows of favorable conditions.

As a result, the Coast Guard deems it to

be in the public’s best interest to issue

a regulation immediately.

Background and Purpose

On November 8, 1994, the Coast

Guard was notified of three sunken

barges in the vicinity of Lower

Mississippi River mile 580. The salvage

of the sunken barges located midchannel will pose a substantial threat to

safe navigation. After an investigation

by Marine Safety Office Memphis, it

was recommended that a safety zone be

issued in order to safely salvage the

barges and to limit access to

unauthorized vessels as a safety

precaution. The safety zone will be

limited to the Lower Mississippi River

mile 579.0 to mile 581.0.

Regulatory Evaluation

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 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 proposal to be so minimal

that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

To avoid any unnecessary adverse

impact on businesses which use the

river for commercial purposes, Captain

of the Port, Memphis, Tennessee will

monitor river conditions and salvage

operations and will authorize

unrestricted entry into the zone as

conditions permit. Changes will be

announced by Marine Safety

Information Radio broadcast (Broadcast

Notice to Mariners) on VHF marine

band radio, channel 22 (157.1 MHZ).

Mariners may also call the Port

Operations Officer, Captain of the Port,

Memphis, Tennessee at (901) 544–3941.

Small Entities

The Coast Guard finds that the impact

on small entities, if any, is not

substantial. Therefore, the Coast Guard

certifies under section 605(b) of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq) that this temporary rule will not

have a significant economic impact on

a substantial number of small entities.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism Assessment

The Coast Guard has analyzed this

regulation under the principles and

criteria contained in Executive Order

12612 and has determined that it does

not raise sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Environmental Assessment

The Coast Guard considered the

environmental impact of this regulation

and concluded that, under section 2.B.2

of Commandant Instruction M16475.1B,

this regulation is categorically excluded

from further environmental

documentation.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Temporary Regulation

In consideration of the foregoing,

Subpart C of Part 165 of Title 33, Code

of Federal Regulations, is amended as

follows:

PART 165—[AMENDED]

1. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.051(g), 604–1, 6.04–6, and 160.5; 49

CFR 1.46.

2. A temporary section 165.T02–001

is added to read as follows:

§ 165–T02–001 Safety Zone: Lower

Mississippi River.

(a) Location. The Lower Mississippi

River mile 579.0 to mile 581.0 is

established as a safety zone.

(b) Effective date. This section

becomes effective on January 7, 1995

and will terminate on December 31,

1995.

(c) Regulations. Under the general

regulations of 165.23 of this part, entry

into this zone is prohibited unless

authorized by the Captain of the Port.

Dated: January 6, 1995.

A.L. Thompson, Jr.,

Commander, U.S. Coast Guard, Captain of

the Port.

[FR Doc. 95–3832 Filed 2–15–95; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[AK6–1–6587a; AK5–1–6437a; AK3–1–

5851a; FRL–5147–8]

Approval and Promulgation of

Implementation Plans: Alaska

AGENCY: Environmental Protection

Agency.