[Federal Register Volume 62, Number 59 (Thursday, March 27, 1997)]
[Rules and Regulations]
[Pages 14635-14636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7729]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 162

[CGD09-97-005]


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 1996-97 icebreaking season. 
This amendment reduces the speed limit by 2 miles per hour through that 
part of the system, between Munuscong Channel 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: This regulation is effective from March 13, 1997, through April 
15, 1997.

FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) John Marian, U.S. Coast Guard, Group Sault 
Ste. Marie, 337 Water Street, Sault Ste. Marie, Michigan, 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.

Discussion of Proposed Regulation

    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 fix 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. Mary's River, 
Michigan. This speed reduction is a precautionary measure to minimize 
possible damage to the environment. The speed limit is being reduced by 
2 statute miles per hour in the area between Munuscong Channel Lighted 
Buoy 8 (LLNR 13065) and Lake Nicolet Light 80 (LLNR 13465), upbound, 
and 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.

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 of the 
locks at Sault Ste. Marie. [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 1997)]. 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 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

[[Page 14636]]

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.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include small businesses, not-for-profit organizations that 
are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. Therefore, the Coast Guard certifies under section 605(b) of 
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this final 
rule 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

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

Final Regulation

    In consideration of the foregoing, the Coast Guard 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. Section 162.117 is amended by adding a new paragraph (g)(3) 
effective from March 13, 1997, through April 17, 1997, to read as 
follows:


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

* * * * *
    (g) * * *
    (3) Speed rules. From March 13, 1997, through April 15, 1997, the 
following speed limits indicate the average speed over the ground 
between reporting points:

------------------------------------------------------------------------
                                                            Speed limit 
                 The speed limit between                 ---------------
                                                            Mph     Kts 
------------------------------------------------------------------------
De Tour Reef Light and Sweets Point Light...............      14    12.2
Round Island Light and Point Aux Frenes Light 21........      14    12.2
Munuscong Channel 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 West Neebish Channel                   
 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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* * * * *
    Dated: March 13, 1997.
T.A. Trosvig,
Captain, U.S. Coast Guard, Commanding Officer, C.G. Group Sault.
[FR Doc. 97-7729 Filed 3-26-97; 8:45 am]
BILLING CODE 4910-14-M