[Federal Register Volume 64, Number 168 (Tuesday, August 31, 1999)]
[Proposed Rules]
[Pages 47462-47464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22622]


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DEPARTMENT OF DEFENSE

Corps of Engineers; Department of the Army

33 CFR Part 207


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

AGENCY: Army Corps of Engineers, DoD.

ACTION: Notice of proposed rulemaking and request for comments.

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SUMMARY: The Corps of Engineers proposes to amend its regulations on 
procedures to navigate the St. Marys Falls Canal and Soo Locks at Sault 
St. Marie, Michigan to incorporate changes in navigation procedures 
published in Notice to Navigation Interests over the last three years. 
We propose to change the location where up bound vessels seeking 
passage through the Soo Locks request lock dispatch. We also propose to 
establish the minimum number of line handlers that vessels should have 
while locking through the Soo Locks, place a restriction on the use of 
bow/stern thrusters while transiting through the Soo Locks, add a 
procedure for vessels departing from the MacArthur and Poe Locks 
simultaneously or at approximately the same time, and add a tug assist 
procedure for self-powered vessels.

DATES: Written comments must be received by October 15, 1999.

ADDRESSES: Army Corps of Engineers, ATTN: CECW-OD, 20 Massachusetts 
Avenue, NW, Washington, DC 20314-1000. Comments may also be faxed to 
(202) 761-1685 or e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Mr. Jim Hilton, Dredging and 
Navigation Branch (CECW-OD) at (202) 761-8830 or Mr. Michael O'Bryan, 
Assistant Chief, Construction-Operations Division, Detroit District at 
(313) 226-6444.

SUPPLEMENTARY INFORMATION: Pursuant to its authority in section 4 of 
the Rivers and Harbors Act of August 18, 1894 (28 Stat. 362; 33 U.S.C. 
1), the Corps is proposing to amend the regulations in 33 CFR part 
207.440(c), (e), (f), (h), and (r). The regulation governing the 
operation of the St. Marys Falls Canal and locks, 33 CFR 207.440 was 
adopted on November 27, 1945 (10 F.R. 14451) and has been amended at 
various times.
    Paragraph (c) is being amended to formally establish the call-in 
location and change in call sign currently being utilized by vessel 
owners. The current call-in location was published in the Notice to 
Navigation Interests on September 13, 1990. The call sign was changed 
due to the realignment of the

[[Page 47463]]

Corps of Engineers Division Offices and was published in a Notice to 
Navigation Interests on November 25, 1997. Amending paragraph (c) 
responds to a request from users of the Soo Locks to further formalize 
the up bound call-in point by changing the regulation for operating the 
locks.
    Paragraph (e) is being amended to establish a requirement for 
vessels passing through the locks to provide line handlers. Over the 
past decade, the number of line handlers provided by the Government has 
decreased. On April 19, 1996, the Corps Detroit District published a 
Notice to Navigation Interests indicating that the Government would no 
longer provide pier line handlers. This amendment adds a requirement 
that vessels provide line handlers for passage through the locks and 
delineates the number of line handlers required based on weather and 
vessel conditions.
    Paragraph (f) is being amended to restrict the use of bow and stern 
thrusters while the vessel is in the locks. The purpose of this change 
is to reduce the negative effects caused by the currents and water 
movement created by use of thrusters that may damage the locks walls 
and gates. Restrictions on the use of bow/stern thrusters were first 
published in a Notice to Navigation Interests in 1978.
    Paragraph (h) is being amended to establish a procedure for the 
order of departure for vessels attempting to leave the MacArthur and 
Poe Locks simultaneously. This procedure is a safety measure to prevent 
two vessels from being in the lock canals at the same time. The 
procedure was published in a Notice to Navigation Interests dated April 
19, 1996.
    Paragraph (r) is being amended to establish a tug-assist 
requirement for vessels without bow and stern thrusters and for other 
types of powered vessels that may have difficulty maneuvering in close 
quarters while navigating at low speed. High winds, changing currents 
and inclement weather may affect a vessel's ability to maneuver within 
close quarters while at low speeds. This procedure was published in a 
Notice to Navigation Interests dated March 18, 1997.
    This proposed rule is not a major rule for the purposes of 
Executive Order 12866. As required by the Regulatory Flexibility Act, 
the Corps of Engineers certifies that this proposed rule will not have 
a significant impact on small business entities.

List of Subjects in 33 CFR Part 207

    Navigation (water), Water transportation, Vessels.

    For reasons set out in the preamble, Title 33, Chapter II of the 
Code of Federal Regulations is proposed to be amended as follows:

PART 207--NAVIGATION REGULATIONS

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

    Authority: 28 Stat. 362 (33 U.S.C. 1).

    2. Section 207.440 is amended by revising paragraphs (c), (e), (f), 
(h) and (r) to read as follows:


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

* * * * *
    (c) Upon approaching the canal, vessel masters shall request lock 
dispatch by radiotelephone to the Corps of Engineers Chief Lockmaster 
at St. Marys Falls Canal dispatch tower (Radio Call WUE-21). Every up 
bound vessel requiring lock transit shall request lock dispatch 
immediately before initiating the turn at Mission Point at the 
intersection of Course 1, Bayfield Channel, and Course 2, Little Rapids 
Cut. Every down bound vessel shall call when approximately one-half 
mile downstream from Big Point.
* * * * *
    (e)(1) Manning requirements. On all vessels of 400 gross tons or 
over navigating the canal under their own power, the following ship's 
officers shall be on duty: In the pilot house, on the bridge, or in the 
immediate vicinity thereof, the master, one mate, and one wheelsman; in 
the engine room, the chief engineer, one assistant engineer, and one 
oiler or other member of the crew familiar with the operation of the 
engine. During transit of the locks, all vessels of 400 gross tons or 
over equipped with power operated mooring deck winches shall have, in 
addition to the winch operators, mates or signalman at the forward and 
after ends of the vessel to direct operations from points providing 
maximum vision of both the winch operators and canal linesmen.
    (2) Linehandlers.--(i) Cargo vessels equipped with bow thrusters 
and friction winches. Two line handlers from the vessel are required on 
the piers under normal weather conditions. Lockmasters can ask for 
three persons under severe weather conditions. If a vessel is 
experiencing mechanical problems or in extreme severe weather 
situations, the lockmaster may require four vessel-supplied line 
handlers on the pier.
    (ii) Vessels with non-friction winches or lack of both bow and 
stern thrusters. Four vessel-supplied line handlers are required on the 
pier at all times.
    (f) Vessel restrictions. (1) Speed limits. Within the limits of the 
canal, vessels approaching the locks shall not navigate at a speed 
greater than 2\1/2\ miles per hour, and vessels leaving the locks shall 
not navigate at a speed greater than 6 miles per hour. Tugs assisting 
vessels in passing through the locks may be authorized by the District 
Engineer or his authorized agents to navigate at a higher speed when 
considered necessary to expedite canal operations.
    (2) Use of bow/stern thrusters. Bow and/or stern thruster use shall 
be kept to a minimum while transiting the Soo Locks. Thrusters shall 
not be used while the thrusters are opposite lock gates. They may be 
used sparingly for short durations within the lock to maintain the ship 
position near the mooring wall or in an emergency. Thrusters shall be 
at zero thrust during the period the ship is stopped and moored to the 
wall with all lines out, and during raising and lowering of pool levels 
within the chamber.
* * * * *
    (h) Vessel lockage order. (1) Arrival. All registered vessels will 
be passed through the locks in the order of their arrival at the 
dispatch point unless otherwise directed by the District Engineer or 
his authorized agents. When a vessel that has stopped on its own 
business is ready to proceed, it is not entitled to precedence over 
other vessels already dispatched.
    (2) Departure. The following order of departure procedure will 
apply to vessels leaving the MacArthur Lock and Poe Lock simultaneously 
or at approximately the same time:
    (i) The first vessel to leave will be the vessel in the lock which 
is ready for vessel release first. The vessel in the other lock will be 
restrained by the gates remaining closed and the wire rope fender 
remaining in the down position.
    (A) On down bound passages, the vessel retained shall not leave the 
lock until such time as the bow of the vessel leaving first reaches the 
end of the East Center pier.
    (B) On up bound passages, the vessel retained shall not leave the 
lock until such time as the bow of the vessel leaving first reaches the 
railroad bridge.
    (ii) When a 1,000 foot vessel is ready to depart the Poe Lock and a 
vessel has left the MacArthur Lock already, the 1,000 foot vessel may 
start to leave once the bow of the other vessel reaches the end of the 
respective nose pier.
    (A) Vessels will remain in radio contact with each other and with 
the Chief Lockmaster at all times until clear of the lock area.
    (B) The need for a deviation from the procedures set forth in

[[Page 47464]]

Sec. Sec. 207.440(h)(2)(i)(A) and (B) and 207.440(h)(2)(i) will be 
determined on a case by case basis by the Chief Lockmaster.
* * * * *
    (r) Tug assist procedure. (1) Self-powered vessels. Mariners are 
advised that oftentimes adverse local weather conditions, i.e., high 
winds, current conditions and/or inclement weather, exists as vessels 
approach, enter and/or depart the Soo Locks. These conditions combined 
with close quarters slow speed maneuvering, particularly with large 
vessels not equipped with bow or stern thrusters, may cause control 
difficulties for certain classes of vessels. Therefore, any vessel 
requesting lockage which in the opinion of the Vessel Master in 
consultation with the Pilot on board, where applicable may experience 
severe control problems due to the above conditions, must request 
assistance by one or more tugs to ensure full control over the vessel 
at all times. Vessel Masters and Pilots must consult with the 
Lockmaster concerning local conditions well in advance of arrival at 
the lock to allow tug assistance to be arranged if necessary. These 
guidelines apply to all vessels.
    (2) Non self-powered vessels. All barges or other vessels 
navigating within the canal and not operating under their own power, 
whether approaching or leaving the locks, are required to be assisted 
by one or more tugs of sufficient power to insure full control at all 
times.
* * * * *
    Dated: August 26, 1999.
Eric R. Potts,
Colonel, U.S. Army, Executive Director of Civil Works.
[FR Doc. 99-22622 Filed 8-30-99; 8:45 am]
BILLING CODE 3710-GA-P