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

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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