[Federal Register Volume 60, Number 198 (Friday, October 13, 1995)]
[Proposed Rules]
[Pages 53318-53319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25459]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 162

[CGD09-95-027]


Temporary Speed Limits for the St. Marys River

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to make a temporary amendment to the 
speed limits for the St. Marys River during the 1995-96 icebreaking 
season. This amendment will reduce 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.

DATES: Comments must be received on or before November 13, 1995.

ADDRESSES: Comments should be mailed to Commanding Officer, U.S. Coast 
Guard, Vessel Traffic Service, 337 Water Street, Sault Ste. Marie, MI 
49783. The comments will be available for inspection and copying at the 
Coast Guard Vessel Traffic Service, 337 Water Street, Sault Ste. Marie, 
Michigan. Normal office hours are between 8 a.m. and 4 p.m., Monday 
through Friday, except holidays. Comments may also be hand delivered to 
this address.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Eric Ensign, U.S. Coast Guard, Group Sault Ste. Marie, 337 
Water Street, Sault Ste. Marie, Michigan, 49783, (906) 635-3303.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their name and address, 
identify this rulemaking [CGD09-95-027] and the specific section of 
this proposal to which each comment applies, and give a reason for each 
comment. Persons wanting acknowledgment of receipt of comments should 
enclose a stamped, self-addressed postcard or envelope. The Coast Guard 
plans no public hearing. Persons may request a public hearing by 
writing to the Project Officer at the address under ADDRESSES. If it 
determines that the opportunity for oral presentations will aid this 
rulemaking, the Coast Guard will hold a public hearing at a time and 
place announced by a later notice in the Federal Register.

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. 
April 1 is the nominal 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 ice breaking 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. 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 between Lake 
Nicolet Light 80 (LLNR 13465) and Munuscong Lake Light 9 (LLNR 13715), 
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.
    The comment period for this proposal is less than 60 days to allow 
the public an opportunity to comment on the proposal, yet still provide 
adequate time for a final rule to be published before the beginning of 
the ice breaking season. The Coast Guard has established temporary 
changes in speed limits on the St. Marys River during icebreaking 
season for several years and therefore it is the Coast Guard's view 
that 30 days provides adequate opportunity for public comment on this 
proposal.

Drafting Information

    The drafter of this regulation is Lieutenant Eric Ensign, Project 
Officer, U.S. Coast Guard, Vessel Traffic Service Sault Ste. Marie, 
Michigan and Lieutenant Charles D. Dahill, 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 

[[Page 53319]]
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. They have been exempted from review by the Office of 
Management and Budget under that order. They are 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 these regulations 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.

Proposed Regulations

    In consideration of the foregoing, the Coast Guard proposes to 
amend 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. The table in Sec. 162.117(g) is suspended and a new paragraph 
(g)(3) is added to read as follows:


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

* * * * *
    (g) * * *
    (3) Winter speed limits effective December 29, 1995, through April 
15th, 1996. The following table of temporary winter speed limits 
supersede those listed in Table 162.117(g)--St. Marys River Speed Rules 
and indicate the maximum speed over the ground between reporting points 
for the period December 29, 1995 through April 15th, 1996:

     Table 162.117(g)(3).--Temporary Winter Speed Limit Regulations     
------------------------------------------------------------------------
                                                            Speed limit 
                 The speed limit between                 ---------------
                                                           Mph     Kts  
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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      7.0
  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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* * * * *
T.A. Trosvig,
Captain, U.S. Coast Guard, Commanding Officer, VTS St. Marys River.
FR Doc. 95-25459 Filed 10-12-95; 8:45 am]
BILLING CODE 4910-14-M