[Federal Register Volume 61, Number 209 (Monday, October 28, 1996)]
[Rules and Regulations]
[Page 55572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27406]


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DEPARTMENT OF DEFENSE
Department of the Army
Corps of Engineers

33 CFR Part 207


St. Marys Falls Canal and Locks, Michigan; Use, Administration, 
and Navigation

AGENCY: Corps of Engineers, Department of the Army, DOD.

ACTION: Final rule.

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SUMMARY: This final rule changes the annual opening date for the Soo 
Locks at the St. Marys Falls Canal, Sault Ste. Marie, Michigan, from 
April 1 to March 25. The locks will not open earlier than March 25, 
except in case of emergency and are subject to closure at any time in a 
national emergency involving a vessel disaster or other extraordinary 
circumstances as currently provided in 33 CFR 207.440(u).

EFFECTIVE DATE: November 27, 1996.

ADDRESSES: Headquarters, U.S. Army Corps of Engineers, ATTN: CECW-OD, 
20 Massachusetts Avenue, N.W., Washington, D.C. 20314-1000.

FOR FURTHER INFORMATION CONTACT:
Mr. Michael Kidby at Corps of Engineers Headquarters in Washington, 
D.C., by telephone at (202) 761-8835 or Mr. William Willis, Chief, 
Construction-Operations Division, Detroit District, by telephone at 
(313) 226-6794.

SUPPLEMENTARY INFORMATION:

Classification

    1. The undersigned has reviewed this action and hereby certifies 
that it is not subject to the requirements of Regulatory Flexibility 
Act, 5 U.S.C. 601-612, since it will not exert a significant economic 
impact on a substantial number of small businesses or other entities.
    2. The Department of the Army has determined that this regulation 
will not affect the use of value of private property and, therefore, 
does not require a Takings Assessment under Executive Order 12630.
    3. This rule has been determined not to be a major rule under 
Executive Order 12866. A Regulatory Impact Analysis (RIA) Statement 
will not be prepared since the proposed changes will not result in 
significant adverse economic effects identified in the Executive Order 
as grounds for a finding of major action.

Environmental Documentation

    As noted in the Notice of Proposed Rulemaking (NPRM) discussed 
below, this action was the subject of the Final Environmental Impact 
Statement (FEIS), February 1994, which concluded that there would be no 
significant adverse environmental effects due to commencing the opening 
season of the locks on 21 March--earlier than the date now proposed.

Background

    On January 2, 1996, a Notice of Proposed Rulemaking (NPRM) on the 
St. Marys Falls Canal and Locks, Michigan; Use, Administration and 
Navigation, 33 CFR 207.440(u) was published in the Federal Register (61 
FR 33). A 30-day period was provided for public comments. During this 
period, fourteen comment letters were received from labor and business 
organizations associated with the shipping and steel industries as well 
as Port Authorities along the Great Lakes. All were in favor of the 
adoption of the proposed rule.
    In consideration of the administrative record and the comments 
received in response to the NPRM, the Corps of Engineers has 
promulgated the final rule exactly as proposed in the NPRM.

List of Subjects in 33 CFR Part 207

    Navigation (water), Water transportation, Vessels.

PART 207--[AMENDED]

    1. The authority citation for part 207 is revised to read as 
follows:

    Authority: 40 Stat. 266 (33 U.S.C. 1).

    2. Section 207.440 is amended by revising paragraph (u) to read as 
follows:


Sec. 207.440  St. Marys Falls Canal and Locks, Mich.; use, 
administration, and navigation.

* * * * *
    (u) The locks will be opened and closed to navigation each year as 
provided in paragraphs (u) (1) and (2) of this section except as may be 
authorized by the Division Engineer. Consideration will be given to 
change in these dates in an emergency involving disaster to a vessel or 
other extraordinary circumstances.
    (1) Opening date. At least one lock will be placed in operation for 
the passage of vessels on March 25. Thereafter, additional locks will 
be placed in operation as traffic density demands.
    (2) Closing date. The locks will be maintained in operation only 
for the passage of down bound vessels departing from a Lake Superior 
port before midnight (2400 hours) of January 14, and of upbound vessels 
passing Detour before midnight (2400 hours) of January 15. Vessel 
owners are requested to report in advance to the Engineer in charge at 
Sault Ste. Marie, the name of vessel and time of departure from a Lake 
Superior port on January 14 before midnight, and of vessels passing 
Detour on January 15 before midnight, which may necessitate the 
continued operation of a lock to permit passage of vessel.
* * * * *
    Dated: September 23, 1996.
H. Martin Lancaster,
Assistant Secretary of the Army (Civil Works).
[FR Doc. 96-27406 Filed 10-25-96; 8:45 am]
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