[Federal Register Volume 64, Number 238 (Monday, December 13, 1999)]
[Rules and Regulations]
[Pages 69402-69404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32037]


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DEPARTMENT OF DEFENSE

Corps of Engineers, Department of the Army

33 CFR Part 207


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

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Final rule.

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SUMMARY: The U.S. Army Corps of Engineers is amending 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. The St. Marys Falls Canal and Locks navigation regulation 
is amended to change the location where up bound vessels seeking 
passage through the Soo Locks request lock dispatch. This regulation 
also establishes 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: The final rule is effective January 12, 2000.

ADDRESSES: U.S. Army Corps of Engineers, ATTN: CECW-OD, 20 
Massachusetts Avenue, NW, Washington, DC 20314-1000.

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: The notice of proposed rulemaking was 
published on Tuesday, August 31, 1999, vol. 64, No. 168, pages 47462--
47464.
    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 
amending the regulations in 33 CFR 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 FR 14451) 
and has been amended at various times.
    Paragraph (c) is amended to formally establish the call-in location 
and change in call sign currently being utilized by vessel owners. The 
call sign was changed due to the realignment of the 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 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 amended to restrict the use of bow and stern 
thrusters while the vessel is in the locks 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.
    Paragraph (h) is 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 canal at the same time.
    Paragraph (r) is 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 final 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 final rule will not have a significant 
impact on small business entities.

Comments on the Proposed Rule

    One comment was received to the August 31, 1999, Federal Register 
notice and the August 31, 1999, Public Notice issued by the Corps of 
Engineers Detroit District. The commenter's association represents 
eleven U.S.-flag Great Lakes fleets that have a combined total of 61 
vessels. The association supports the changes, but recommended two 
changes in the navigation procedures. First, they recommend that 
Sec. 207.440(e)(1) reflect the changes in manning levels, duty 
assignments and designation of personnel and automated systems 
currently in use. The manning levels currently in use by most domestic 
and foreign vessels 400 gross tons or over navigating the canal under 
their own power have the following ship's personnel: In the pilot 
house, on the bridge, the master. One mate and one able body seaman 
shall be on watch and available to assist; in the engine room, the 
engineering watch officer. The chief engineer shall be available to 
assist. The second recommendation is to amend Sec. 207.440(h)(2)(i) to 
add a new Sec. 207.440(h)(2)(i)(C) and delete Sec. 207.440(h)(ii)(B). 
The recommended new paragraph would read ``If two masters agree to a 
different departure scheme they both shall notify the lockmaster and 
request a change to the

[[Page 69403]]

above.'' This would allow the master of each vessel that arrived 
simultaneously or at approximately the same time, at the McArthur Lock 
and the Poe Lock to negotiate their departure sequence during the 
locking operation. We agree there are situations when one vessel may 
need to leave the lock out of sequence with the established departure 
scheme. The recommended paragraph allows the two vessels captains to 
reach agreement while the locking operation is under way. As proposed, 
each vessel master would notify the lockmaster and request a change to 
the established departure scheme. We concur with the proposed language, 
except both vessel masters must contact the Chief Lockmaster rather 
than the lockmaster, since only the Chief Lockmaster has the authority 
to allow vessels to deviate from the established departure scheme. 
Having each vessel master contact the Chief Lockmaster, avoids any 
possible misunderstanding between each vessel master. We, therefore, do 
not concur with deleting Sec. 207.440(h)(2)(ii)(B), which provide for 
the Chief Lockmaster to deviate from the departure scheme on a case by 
case basis, since the Chief Lockmaster has the overall responsibility 
for navigation vessel safety while vessels transit the St. Marys Falls 
Canal and Soo Locks. Section 207.440(h)(2)(ii)(B) is, however, 
renumbered to Sec. 207.440(h)(2)(iv) and the suggested language becomes 
part of this new paragraph. The paragraph is renumbered, since a 
deviation of the lockage scheme applies to all departure procedures, 
not just when a 1,000-foot vessel is ready to depart. Section 
207.440(h)(2)(ii)(A) is renumbered to Sec. 207.440(h)(2)(iii), to 
clarify that all vessels are to remain in radio contact with each other 
and with the lockmaster at all times until clear of the lock area, not 
just when a 1,000-foot vessel is ready to depart.

List of Subjects in 33 CFR Part 207

    Navigation (Water), Vessels, Water Transportation
    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: 40 Stat. 266 (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) Approach requirements. 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 
personnel shall be on duty. In the pilot house, on the bridge, the 
master. One mate and one able seaman shall be on watch and available to 
assist; in the engine room, the engineering watch officer. The chief 
engineer shall be available to assist. 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.
    (iii) Vessels will remain in radio contact with each other and with 
the Chief Lockmaster at all times until clear of the lock area.
    (iv) The need for a deviation from the procedures set forth in 
paragraph (h)(2)(i) of this section will be determined on a case by 
case basis by the Chief Lockmaster. If two vessels masters agree to a 
different departure scheme, they both shall notify the Chief Lockmaster 
and request a change.
* * * * *
    (r) Tug assist procedure.--(1) Self-powered vessels. Mariners are 
advised that often times adverse local weather conditions, i.e., high 
winds, current conditions and/or inclement weather, exists as vessels 
approach, enter and/or

[[Page 69404]]

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 ensure full control at all 
times.
* * * * *
    Dated: December 7, 1999.
Eric R. Potts,
Colonel, U.S. Army, Executive Director of Civil Works.
[FR Doc. 99-32037 Filed 12-10-99; 8:45 am]
BILLING CODE 3710-08-P