[Federal Register Volume 66, Number 108 (Tuesday, June 5, 2001)]
[Rules and Regulations]
[Pages 30063-30064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14023]


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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: 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 safety 
procedures published in three Notice to Navigation Interests issued on 
March 29, 2000. The St. Marys Falls Canal and Locks navigation 
regulation is amended to delete reference to oil tankers having draft 
and beam permitting transit through the Canadian lock, since the 
Canadian lock no longer handles oil tankers. The regulation will also 
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, 
whenever a tank vessel is within the limits of the lock piers either 
above or below the locks, vessel movement will be limited to a single 
vessel, unless the tanker is certified gas free or is carrying non-
combustible products. The regulation will allow tankers with any type 
cargo to transit the MacArthur Lock when the locks park is closed, 
while tankers carrying non-combustible products or tankers certified 
gas free will be allowed to transit the MacArthur Lock when the park is 
open. The regulation clarifies that vessels, except U.S. vessels of war 
and public vessels (as defined in 46 U.S.C. 2101), carrying explosives 
are prohibited from transiting U.S. Locks.

DATES: The final rule is effective July 5, 2001.

ADDRESSES: U.S. Army Corps of Engineers, ATTN: CECW-OD, 441 G Street, 
NW., Washington, DC 20314-1000.

FOR FURTHUR 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 (40 Stat. 266; 33 U.S.C. 
1), the Corps is amending the regulations in 33 CFR 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 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 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 amended and rewritten to improve vessel 
safety by adding subparagraphs (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. Subparagraph (b)(4) (ii) is 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, unless the vessel is certified gas 
free or is carrying non-combustible products. Subparagraph (b)(4)(iii) 
is added to allow tankers carrying any type of cargo to transit 
MacArthur Lock when the locks park is closed. Tankers certified gas 
free or 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 amended to add a phrase to clarify that 
vessels, except U.S. vessels of war or public vessels as defined in 46 
U.S.C. 2101, carrying explosives are prohibited from transiting the 
U.S. Locks.
    This final rule is not a major rule for the purposes of Executive 
Order 12866. As required by the Regulatory Flexibility Act, the Corps 
certifies that this final rule will not have a significant impact on 
small business entities.

Comments on the Proposed Rule

    Three comments were received to the January 23, 2001, Federal 
Register proposed rule and the January 23, 2001, public notice issued 
by the Detroit District. Two industry comments requested a clarifying 
phrase be added to Sec. 207.441(4)(ii)(iii) to allow the release of a 
vessel from the lock in the direction of a approaching tank vessel, if 
the tanker is certified gas free and allow tankers certified gas free 
to transit the lock when MacArthur Lock park is open. We concur with 
adding the phrase ``unless the vessel is certified gas free or is 
carrying non-combustible products''. One comment requested that U.S. 
vessels of war and public vessels, as defined in 46 U.S.C. 2101, be 
exempt from the provision of being prohibited from transiting the U.S. 
Locks carrying explosives. We concur with this exemption.

List of Subjects in 33 CFR Part 207

    Navigation (water), Penalties, Reporting and recordkeeping 
requirements, Waterways.

    For reasons set out in the preamble, Title 33, Chapter II of the 
Code of Federal Regulations is 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 207.441 is amended by revising paragraphs (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. * * *
    (1) 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

[[Page 30064]]

piers) either above or below the locks, no other vessel will be 
released from the locks in the direction of the approaching tank 
vessel, unless the tank vessel is certified gas free or is carrying 
non-combustible products, 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, unless certified gas 
free or is carrying non-combustible products, 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, 
unless the tank vessel is certified gas free or is carrying non-
combustible products. Tank vessels to which this paragraph (b)(4)(ii) 
applies include those vessels carrying fuel oil, gasoline, crude oil or 
other flammable liquids in bulk, including vessels that are not 
certified gas free where the previous cargo was one of these liquids.
    (iii) Locks park. 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 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 and certified 
gas free will be allowed to transit the MacArthur Lock when the park is 
open.
    (5) Carrying explosives. All vessels, except U.S. vessels of war 
and public vessels as defined in 46 U.S.C. 2101, carrying explosives 
are prohibited from transiting the U.S. Locks.
* * * * *

    Dated: May 23, 2001.
Alfred H. Foxx,
Colonel, U.S. Army, Executive Director of Civil Works.
[FR Doc. 01-14023 Filed 6-4-01; 8:45 am]
BILLING CODE 3710-92-P