[Federal Register Volume 66, Number 15 (Tuesday, January 23, 2001)]
[Proposed Rules]
[Pages 7436-7437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1752]


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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.

[[Page 7437]]


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 safety 
procedures published in three Notice to Navigation Interests issued on 
March 29, 2000. We propose to remove reference to oil tankers having 
draft and beam permitting transit through the Canadian lock, since the 
Canadian lock no longer can handle oil tankers. We propose to prohibit 
the cleaning and gas freeing of tanks on all hazardous material cargo 
vessels while either in the lock or while in any part of the Soo Locks 
approach canals. As an additional vessel safety measure, we propose to 
limit movement to a single vessel whenever a tank vessel is within the 
limits of the lock piers either above or below the locks. We also 
propose to allow tankers with any type cargo to transit the MacArthur 
Lock when the locks park is closed, while tankers carrying non-
combustible products will be allowed to transit the MacArthur Lock when 
the park is open. We propose to clarify that vessels carrying 
explosives are prohibited from transiting U.S. Locks.

DATES: Written comments must be received by March 9, 2001.

ADDRESSES: U.S. Army Corps of Engineers, ATTN: CECW-OD, 441 G Street, 
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 
Operations Branch (CECW-OD) at (202) 761-4669 or Mr. David L. Dulong, 
Chief, Engineering Technical Services, Detroit District at (313) 226-
6794.

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 
207.441(b), (4), and (5). The regulation governing the operation of the 
St. Marys Falls Canal and locks, 33 CFR 207.441 was adopted on March 6, 
1954 (19 FR 1275) and has been amended at various times.
    Paragraph (b) is being amended to delete reference to classes of 
vessels permitted to transit the U.S. locks or enter any of the United 
States approach canals. Paragraph (b)(4) is being further amended by 
deleting reference to oil tankers being permitted to transit through 
the Canadian lock, as the Canadian lock has been refurbished and can no 
longer accommodate oil tankers. In addition, paragraph (b)(4) is 
amended by deleting reference to personnel smoking onboard tankers 
while in the lock area, as prohibiting smoking is included in 33 CFR 
207.440(s). Paragraph (b)(4) is being amended and rewritten to improve 
vessel safety by adding subparagraphs(b)(4) (i), (ii), and (iii). 
Subparagraph (b)(4)(i) prohibits the cleaning and gas freeing of tanks 
on all hazardous material cargo vessels (as defined in 49 CFR part 
171), while the vessel is either in the lock or in any part of the Soo 
Locks approach canals from the outer end of the east center pier to the 
outer end of the southwest pier. Sub paragraph (b)(4) (ii) is being 
added for safety purposes to limit vessel movement to a single vessel 
whenever a tank vessel carrying hazardous cargo is within the limits of 
the lock piers either above or below the locks. Subparagraph 
(b)(4)(iii) is being added to allow tankers carrying any type of cargo 
to transit MacArthur Lock when the locks park is closed. Tankers 
carrying non-combustible products that will not react hazardously with 
water will be allowed to transit MacArthur Lock when the park is open.
    Paragraph (b) (5) is being amended to add a phrase to clarify that 
vessels carrying explosives are prohibited from transiting the U.S. 
Locks.
    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 207.441 is amended by revising paragraphs (b) 
introductory text, (b)(4) and (b)(5) to read as follows:


Sec. 207.441    St. Marys Falls Canal and Locks, Mich.; security.

* * * * *
    (b) Restrictions on transit of vessels.
* * * * *
    (4) Tanker vessels--(i) Hazardous material. Cleaning and gas 
freeing of tanks on all hazardous material cargo vessels (as defined in 
49 CFR part 171) shall not take place in a lock or any part of the Soo 
Locks approach canals from the outer end of the east center pier to the 
outer end of the southwest pier.
    (ii) Approaching. Whenever a tank vessel is approaching the Soo 
Locks and within the limits of the lock piers (outer ends of the 
southwest and east center piers) either above or below the locks, no 
other vessel will be released from the locks in the direction of the 
approaching tank vessel until the tank vessel is within the lock 
chamber or securely moored to the approach pier. Whenever a tank vessel 
is within a Soo Lock Chamber, the tank vessel will not be released from 
the lock until the channel within the limits of the lock piers either 
above or below the lock, in the direction of the tank vessel, is clear 
of vessels or vessels therein are securely moored to the approach pier. 
This limits movement to a single vessel whenever a tank vessel is 
within the limits of the lock piers either above or below the locks. 
Tank vessels to which the above applies include those vessels carrying 
fuel oil, gasoline, crude oil or other flammable liquids in bulk, 
including vessels that are not gas free where the previous cargo was 
one of these liquids.
    (iii) Lock parks. Except as provided in paragraph (b)(5) of this 
section, tankers with any type cargo will be permitted to transit the 
MacArthur Lock when the locks park is closed. The exact dates and times 
that the park is closed varies, but generally these periods are from 
midnight to 6:00 a.m. June through September with one or two hour 
closure extensions in the early and late seasons. Tankers carrying non-
combustible products that will not react hazardously with water or 
tankers that have been purged of gas or hazardous fumes will be allowed 
to transit the MacArthur Lock when the park is open.
    (5) All vessels carrying explosives are prohibited from transiting 
the U.S. Locks.
* * * * *

    Dated: January 4, 2001.
    Approved.
Alfred H. Foxx,
Colonel, U.S. Army Executive Director for Civil Works.
[FR Doc. 01-1752 Filed 1-22-01; 8:45 am]
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