19352 Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations

Background and Purpose

LDOTD requested that the draw

remain permanently closed. Navigation

requiring openings is non-existent and

the bridge has not been opened for

twenty years. There is no commercial

navigation on the waterway in the

vicinity of the bridge crossing. Vertical

clearance of the bridge in the closed

position is 6 feet above mean high water

and 20 feet above mean low water. The

occasional small recreational boat

which uses the waterway can transit the

bridge without requiring an opening.

Permitting the permanent closure of the

draw will result in a significant savings

in maintenance costs with no adverse

effect on navigational traffic.

Discussion of Comments

The National Marine Fisheries Service

and Louisiana Department of Wildlife

and Fisheries offered no objection to the

proposed rule change. One letter of

objection was received from an

individual completing construction of a

boat above the bridge site. The bridge

owner went to considerable expense to

open the bridge to allow the boat to

pass. As a result, the lone objector has

withdrawn his objection to the proposed

rule change.

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 cost

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).

Small Entities

Under the Regulatory Flexibility Act

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

must consider whether this 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 of the

Small Business Act (15 U.S.C. 632).

Because it expects the impact of this

proposal to be minimal, the Coast Guard

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

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

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

the final rulemaking does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under section 2.B.2 of

Commandant Instruction M16475.1

(series), this proposal 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.

Regulations

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR 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).

2. Section 117.493 is revised to read

as follows:

§ 117.493 Sabine River.

(a) The draws of the Southern Pacific

railroad bridge, mile 19.3 near Echo and

the Kansas City Southern railroad

bridge, mile 36.2 near Ruliff, shall open

on signal if at least 24 hours notice is

given.

(b) The draw of the S12 bridge, mile

40.8 at Starks, need not be opened for

passage of vessels.

Dated: March 16, 1995.

R.C. North,

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

Eighth Coast Guard District.

[FR Doc. 95–9530 Filed 4–17–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 162

[CGD09–95–007]

Inland Waterways Navigation

Regulations: Speed Limits on

Connecting Waters From Lake Huron

to Lake Erie

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Commander of the Ninth

Coast Guard District, in cooperation

with Canadian authorities, is

temporarily amending the speed limits

on connecting waters from Lake Huron

to Lake Erie. A similar temporary rule

was in effect during the 1993 and 1994

navigation seasons. The speed limits in

this area are determined in large part by

concerns about wake damage. However,

lesser wakes are created by

nondisplacement power vessels and

those speed limits may unnecessarily

impede their passage. This temporary

rule will allow nondisplacement power

vessels, less than 100 gross tons, to

exceed the normal speed limits subject

to certain restrictions.

DATES: This regulation is effective at

12:01 a.m. on April 1, 1995 and

terminates at 12 midnight on November

30, 1995. Comments must be received

on or before May 31, 1995.

ADDRESSES: Comments and supporting

materials should be mailed or delivered

to Lieutenant Katherine Weathers,

Assistant Chief of the Marine Port and

Environmental Safety Branch, Ninth

Coast Guard District, Room 2069, 1240

East Ninth Street, Cleveland, Ohio

44199–2060, (216) 522–3994. Please

reference the name of the proposal and

the docket number in the heading

above. If you desire acknowledgment of

your mailed comment, please include a

stamped self-addressed envelope or

postcard for that purpose. Comments

and materials received will be available

for public inspection at the above

location from 9 a.m. to 3 p.m., Monday

through Friday.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Katherine E. Weathers,

Assistant Chief of the Marine Port and

Environmental Safety Branch, Ninth

Coast Guard District, (216) 522–3994.

SUPPLEMENTARY INFORMATION:

Request for Comments

Comments on this regulation,

including comments on the prior

version in effect during the 1993 and

1994 navigation seasons, are invited. A

public hearing is not anticipated,

however will be considered if specific

requests are received. Requests should

indicate how such a hearing would
Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations 19353

contribute information or views which

cannot be received in written form.

Additionally, if it appears that a public

hearing would contribute to revisions or

further refinements of the rulemaking,

the Coast Guard may decide that a

hearing is appropriate, and will notice

the public via the Federal Register.

Discussion of Comment Period

A notice of proposed rulemaking was

not published for this temporary

regulation, and good cause exists,

pursuant to 5 U.S.C. 553(b)(3)(B), for

making it effective less than 30 days

after Federal Register publication. A

notice of proposed rulemaking is

unnecessary because this regulation is,

with minor amendments, the same as

the 1994 regulation promulgated on

April 7, 1994 (59 FR 16563). No adverse

comments were received during the

1994 trial period.

Additionally, further delay this

season would hamper commerce by

delaying temporary regulatory relief for

small businesses. Therefore, 30 days

notice is not required under 5 U.S.C.

553(d)(1) because this rule is a

substantive action which ‘‘relieves a

restriction’’ on commerce.

Background and Purpose

Current regulations in 33 CFR 162.138

which apply to connecting waters from

Lake Huron to Lake Erie set the

maximum speed for vessels 20 meters or

more in length at limits ranging from 4

to 12 statute miles per hour in various

areas. One of the primary purposes of

these speed regulations is to limit wake

damage, but they were not written to

account for the substantially lesser

wake-generating characteristics of

nondisplacement vessels. In fact, certain

vessels designed for nondisplacement

operation which have conducted test

operations in the waterway would

generate larger wakes at the lower speed

now required because they would be

forced to operate in a displacement

mode. During the 1993 and 1994

navigation season, the Commander of

the Ninth Coast Guard District

temporarily amended 33 CFR 162.138 in

order to allow trial runs of these

nondisplacement vessels (58 FR 17526,

April 5, 1993 and 59 FR 16563, April 7,

1994). A corresponding exemption was

granted by the Central Region of the

Canadian Coast Guard, which has

authority over the Canadian waters in

the same area. During the 1993 trial

period, one complaint was received

alleging excessive wake. Upon

investigation, it appeared that the vessel

gave the impression of creating an

excessive wake because of its relatively

high rate of speed during a sharp turn.

The Coast Guard was unable to

determine if in fact an excessive wake

was generated in that one case. There

was no damage, and the operator agreed

to modify similar maneuvers in the

future in order to avoid any problem. No

subsequent complaints of any kind were

received by the Canadian Coast Guard

or the U.S. Coast Guard. During the

1994 trial period, there were no

complaints received by either the

Canadian Coast Guard or the U.S. Coast

Guard. It should be noted that this

proposed temporary amendment to the

speed regulations for nondisplacement

vessels does not in any way excuse the

general obligation to exercise good

seamanship when maneuvering in close

quarters or the responsibility for damage

which might be caused by a wake which

is excessive in a location close to other

vessels or shore structures.

With concurrence from the Director

General of the Canadian Coast Guard

Central Region, the Commander of the

Ninth Coast Guard District considers it

appropriate to institute this temporary

regulation. This temporary regulation

will assist commerce by allowing

nondisplacement vessel operators to

commence operation for the 1995

navigation season while awaiting the

adoption of a permanent amendment to

these regulations. A Notice of Proposed

Rulemaking for a permanent change was

published in the Federal Register on

March 27, 1995. The Coast Guard is

setting an upper limit of 40 statute miles

per hour for nondisplacement vessels 20

meters or more in length but less than

100 gross tons, and is allowing such

nondisplacement vessels to overtake

other vessels when otherwise safe. All

other navigational regulations will

remain in force, and the use of this

temporary rule for nondisplacement

vessels is subject to the prior approval

of the Captain of the Port in order to

insure that the special rule is only used

by vessels which are of suitable design

and which are in fact operated safely in

this waterway.

Drafting Information

The principal persons involved in

drafting this document are Lieutenant

Katherine E. Weathers, and Commander

M. Eric Reeves, Project Managers, Ninth

Coast Guard District Marine Safety

Division, and Lieutenant Karen E.

Lloyd, Project Counsel, Ninth Coast

Guard District Legal Office.

Environment

The Coast Guard has considered the

environmental impact of this regulation

and concluded that, under section

2.B.2.c of Coast Guard Commandant

Instruction M16475.1B, it is

categorically excluded from further

environmental documentation.

Federalism

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

this regulation does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

This regulation does not impose any

new regulatory requirements in an area

not heretofore regulated by the Federal

Government, and does not impose any

requirements or restrictions on State or

local authorities. This regulation

specifically provides that it does not

preempt any state or local law or

regulation setting a lower speed limit

applicable to nondisplacement vessel in

areas under the jurisdiction of such state

or local authority.

Regulatory Evaluation

This regulation is considered to be

non-major under Executive Order 12866

on Regulatory Planning and regulatory

policies and procedures (44 FR 11034

February 26, 1979).

Small Entities

The economic impact of this

regulation is expected to be so minimal

that a full regulatory evaluation is

unnecessary. In fact, the Coast Guard is

making this amendment in part in order

to avoid causing the existing regulations

to have an unintended economic impact

on a new mode of commercial

operation. Since the impact of this

regulation is expected to be minimal,

the Coast Guard certifies that, if

adopted, it will not have a significant

economic impact on a substantial

number of small entities.

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

Inland waterways, Navigation.

Regulations

In consideration of the foregoing, the

Coast Guard is amending part 162 of

title 33, Code of Federal Regulations as

follows:

PART 162—[AMENDED]

1. The authority citation for part 162

continues to read as follows:

Authority: 33 U.S.C. 1231; 49 CFR 1.46.

2. A temporary § 162.T139 is added as

follows:
19354 Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations

§ 162.T139 Nondisplacement vessels

under 100 gross tons.

(a) Notwithstanding §§ 162.134 and

162.138(a), nondisplacement vessels 20

meters or more in length but under 100

gross tons may operate in the

nondisplacement mode at speeds not

more than 40 miles per hour (34.8

knots) and may overtake other vessels—

(1) during daylight hours (sunrise to

sunset),

(2) when conditions otherwise safely

allow, and

(3) when approval has been granted

by the Coast Guard Captain of the Port,

Detroit or Commander of the Ninth

Coast Guard District prior to each transit

of the area.

(b) In this section, nondisplacement

mode means a mode of operation in

which the vessel is supported by

hydrodynamic forces, rather than

displacement of its weight in the water,

to an extent such that the wake which

would otherwise be generated by the

vessel is significantly reduced.

(c) The Captain of the Port or the

District Commander may deny approval

for operations under paragraph (a) of

this section if it appears that the design

and operating characteristics of the

vessels in question are not safe for the

designated waterways, or if it appears

that operations under this section have

become unsafe for any reason.

(d) This section becomes effective at

12:01 a.m. on April 1, 1995 and

terminates at 12 midnight on November

30, 1995.

Dated: March 30, 1995.

Rudy K. Peschel,

Rear Admiral, U.S. Coast Guard Commander,

Ninth Coast Guard District.

[FR Doc. 95–9528 Filed 4–17–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CGD02–95–012]

RIN 2115–AA97

Safety Zone; Lower Mississippi River,

Victoria Bend

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone on

the Mississippi River between mile

markers 593.0 and 597.0. The zone is

needed to protect vessel traffic from a

collision hazard created by weir dike

construction operations. Entry of vessels

or persons into this zone is prohibited

except as authorized by the Captain of

the Port, Memphis, TN.

DATES: This regulation becomes

effective at 7 a.m. on April 17, 1995 and

terminates at 1 a.m. on July 30, 1995.

FOR FURTHER INFORMATION CONTACT:

LT Byron Black, Chief of Port

Operations, Coast Guard Captain of the

Port Memphis, 200 Jefferson Avenue,

Suite 1301, Memphis, TN 38103, Phone:

(901) 544–3941.

SUPPLEMENTARY INFORMATION:

Background and Purpose

At approximately 7 a.m. on April 17,

1995, the U.S. Army Corps of Engineers

will commerce weir dike construction

operations at Lower Mississippi River

mile 595.2 on the left descending bank.

The construction is expected to be

completed in approximately 90 days

from the commencement date. The

navigable channel will be blocked

during the operations. A safety zone

will be established on the Lower

Mississippi River from mile marker

593.0 to 597.0 in order to facilitate safe

vessel passage. All vessels shall

establish passing arrangements with the

contact pilot onboard the M/V BILL

RODGERS, via VHF Marine Band Radio,

Channel 13, prior to entering the safety

zone and shall abide by the conditions

of the arrangement. Entry of vessels or

persons into this zone without a passing

arrangement with the contact pilot is

prohibited except as authorized by the

Captain of the Port, Memphis, TN.

In accordance with 5 U.S.C. 553, a

notice of proposed rulemaking was not

published for this regulation and good

cause exists for making it effective in

less than 30 days after Federal Register

publication. Publication of a notice of

proposed rulemaking and delay of

effective date would be contrary to the

public interest. Immediate action is

necessary to facilitate construction

operations during the present low water

level of the river. Harm to the public

and/or environment may result if vessel

traffic is not controlled during

construction operations.

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 not been reviewed 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 proposal to be so minimal

that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

Collection of Information

This rule contains no information

collection requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under paragraph 2.B.2

of Commandant Instruction M16475.1B,

this rule 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,

Vessels, Waterways.

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR part 165 as follows:

1. The authority citation for part 165

continues to read as follows:

PART 165—[AMENDED]

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

and 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and

160.5; and 49 CFR 1.46.

2. A new temporary section

§ 165.T02–012 is added to read as

follows:

§ 165.T02–012 Safety Zone; Lower

Mississippi River, Victoria Bend.

(a) Location. The following area is a

Safety Zone: All waters within the

shoreline and boundaries of Lower

Mississippi River miles 593.0 to 597.0.

(b) Effective dates. This section

becomes effective at 7 a.m. on April 17,

1995 and terminates at 1 a.m. on July

30, 1995.

(c) Regulations. In accordance with

the general regulations in § 165.23 of

this part, entry into this zone is

prohibited except as authorized by the

Captain of the Port.

The Captain of the Port will notify the

public of changes in the status of this

zone by Marine Safety Radio Broadcast

on VHF Marine Band Radio, Channel 22

(157.1 MHz).