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

DEPARTMENT OF DEFENSE

Department of the Army

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: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Corps of Engineers proposes to amend the regulations which

establish the operating schedule for Soo Locks at the St. Marys Falls

Canal, Sault Ste. Marie, Michigan, to change the annual opening date

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).

DATES: Written comments should be received February 1, 1996.

ADDRESSES: Submit written comments, in duplicate, to: Mr. William

Willis, Acting Chief, Construction-Operations Division, Detroit

District, U.S. Army Corps of Engineers, P.O. Box 1027, Detroit,

Michigan 48231-1027, Phone: (313) 226-6794, or deliver them to Mr.

Willis at the Detroit District office at 477 Michigan Avenue, Detroit,

Michigan, between the hours of 7:30 a.m. and 4:00 p.m. Monday through

Friday. Comments received and other materials relevant to this proposed

rulemaking can be inspected at Mr. Willis' office during the same

hours. An appointment may be required for inspection, so please call

ahead to confirm availability and to avoid any conflicts with

inspections by other interested persons. A reasonable fee may be

charged for copying services.

FOR FURTHER INFORMATION CONTACT:

Mr. Michael Kidby at Corps of Engineers Headquarters in Washington,

D.C., by telephone at (202) 761-8835.

SUPPLEMENTARY INFORMATION:

Legal Authority

ks was adopted on October 30, 1956 (21 FR 8285). It

establishes an opening date of April 1, subject to annual modification

by the Division Engineer if the public interest would be best served by

the modification or in the event of emergency.

The opening date of the Soo Locks has been modified on a number of

occasions and the length of the operating season has been the subject

of a number of

studies. Between 1970 and 1979, as authorized by the River and Harbor

Act of 1970, the locks at Sault St. Marie have remained open for as

long as the entire year in a demonstration program on the

practicability of winter navigation in the Great Lakes. Since the 1979

navigation season, the Soo Locks have opened on the following dates:

March 25, 1980; March 23, 1981; April 1, 1982; March 29, 1983; March

26, 1984; April 1, 1985; April 1, 1986; March 22, 1987; March 22, 1988;

March 15, 1989; March 21, 1990; March 21, 1991; March 22, 1992; March

21, 1993; March 25, 1994; and March 25, 1995. During periods of

navigation in ice, numerous environmental studies have indicated no

significant adverse environmental effects.

In 1977, a Final Environmental Impact Statement (FEIS) titled,

``Operation, Maintenance, and Minor Improvements to the Federal

Facilities at Sault Ste. Marie, Michigan'' was prepared. Subsequent to

this, a Detroit District staff report and supplemental environmental

impact statement (Supplement I, EIS) completed in 1979 recommended

operation of the locks each year to January 8 1 week.

Based on extensive environmental studies, a second supplemental EIS

(Supplement II), dated September 1989, was completed by the Detroit

District, concluding that no significant adverse environmental effects

would result form annual operation of the locks as late as January 31

2 weeks, and recommending that the closing date for the

locks be extended to January 31 2 weeks

to January 8 1 week.

Based on extensive environmental studies, a second supplemental EIS

(Supplement II), dated September 1989, was completed by the Detroit

District, concluding that no significant adverse environmental effects

would result form annual operation of the locks as late as January 31

2 weeks, and recommending that the closing date for the

locks be extended to January 31 2 weeks. A Notice of

Proposed Rulemaking to change the closing date to January 15 was

published on April 3, 1991 (56 FR 13604) and subsequently became

effective March 24, 1992.

The proposal contained in this notice will establish a fixed

opening date of March 25 for the Soo Locks. This fixed opening date, in

conjunction with the January 15 closing date, will allow nearly 10

months access to and from Lake Superior so that industry may have an

adequate basis for planning and management of their resources.

History of the Present Amendment

In March 1990, the Detroit District Engineer sent a letter to

interested governmental, environmental, and business interests,

proposing a comprehensive annual operating plan for the locks. It

proposed a fixed closing date of January 15 and fixed opening date no

earlier than March 15. Because the environmental studies of the

supplemental EIS's in 1979 and 1989 focused specifically on the closing

date, further environmental studies focusing on the effects of opening

dates between March 15 and April 1 would be conducted in order to

establish an opening date that would address the needs of both commerce

and the environment.

In 1991 and 1992, another series of environmental studies

concerning lock opening were completed. Employing these studies as well

as the environmental data from the prior studies which examined

possible impacts for Supplements I and II, potential impacts of

commercial navigation before April 1 were assessed. The resulting

February 1993 Draft EIS (DEIS) identified no significant impacts for

opening the locks as early as March 15

nvironmental studies

concerning lock opening were completed. Employing these studies as well

as the environmental data from the prior studies which examined

possible impacts for Supplements I and II, potential impacts of

commercial navigation before April 1 were assessed. The resulting

February 1993 Draft EIS (DEIS) identified no significant impacts for

opening the locks as early as March 15. Rather, the study found that

even significant vessel traffic, with ice cover, would result in only

insignificant adverse environmental effects. Given the favorable

economic benefits, as set forth in the DEIS, a March 21 opening date

was suggested in the DEIS. However, to alleviate Michigan Department of

Natural Resources (MDNR) concerns raised in response to this document,

the U.S. Coast Guard, the U.S. Fish and Wildlife Service, the MDNR, and

the Detroit District signed a Memorandum of Agreement (MOA) in August

of 1993 recommending a fixed lock opening date of March 25. In this

MOA, the Federal and state agencies agreed to perform joint monitoring

studies of the aquatic ecosystem and biota. This recommendation and MOA

were included in the FEIS and distributed for public review.

Proposed Amendments to the Regulation

Based on consideration of the responses to the March 1990 letter,

comments received on the Draft FEIS, further review of the pertinent

background information in light of those responses, and the rationale

set forth in the September 26, 1994 Record of Decision, the Corps of

Engineers has determined that the overall public interest would be best

served by implementing the March 25 fixed opening alternative. As was

concluded by the District and Division Engineers, the recommended

operation of the locks is engineeringly feasible and the overall

adverse environmental effect of the March 25 opening date would not be

significant

1994 Record of Decision, the Corps of

Engineers has determined that the overall public interest would be best

served by implementing the March 25 fixed opening alternative. As was

concluded by the District and Division Engineers, the recommended

operation of the locks is engineeringly feasible and the overall

adverse environmental effect of the March 25 opening date would not be

significant. From an economic perspective, the establishment of a fixed

opening date will create an atmosphere of stability and certainty

within Great Lakes shipping interests and industries can plan and

conduct their operations, and is economically justifiable.

At present, the regulation provides that at least one lock will be

placed in operation on April 1 and additional locks will be opened as

vessel traffic increases. As a result of the regulation proposed in

this notice, the April 1 opening date under the current regulations

will be modified from April 1 to March 25.

The Corps of Engineers proposes that the present authority of the

Division Engineer to modify opening and closing dates in emergency

conditions be retained. By their very nature, emergencies cannot be

exhaustively defined. The example given in the current regulation is

disaster to a vessel. Under the fixed closing date proposal, this type

of emergency would remain a basis for modifying the operating dates of

the locks. Similarly, national defense emergencies, extraordinary

environmental circumstances, or extraordinary national or regional

economic circumstances could also invoke the exercise of the Division

Engineer's authority. As noted above, these examples are not intended

to be exhaustive or exclusive.

Classification

ype

of emergency would remain a basis for modifying the operating dates of

the locks. Similarly, national defense emergencies, extraordinary

environmental circumstances, or extraordinary national or regional

economic circumstances could also invoke the exercise of the Division

Engineer's authority. As noted above, these examples are not intended

to be exhaustive or exclusive.

Classification

1. The undersigned has reviewed this action and hereby certifies

that it is not subject to the requirements of the 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 or value of private property and, therefore,

does not require a Takings Assessment under Executive Order 12630.

3. This proposed 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

This action was the subject of a FEIS, February 1994, which

concluded that there would not be significant adverse environmental

effects due to commencing the opening season of the locks on 21 March--

earlier than the date now proposed. The FEIS is available for review

upon request from the individual listed under ADDRESSES.

List of Subjects in 33 CFR Part 207

Navigation (Water), Water Transportation, Vessels.

For the 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--[AMENDED]

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 paragraph (u) as follows:

07

Navigation (Water), Water Transportation, Vessels.

For the 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--[AMENDED]

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 paragraph (u) as follows:

Sec. 207.440 St. Marys Falls Canal and Locks, Michigan; 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: December 21, 1995.

John H. Zirschky,

Acting Assistant Secretary of the Army (Civil Works).

[FR Doc. 95-31543 Filed 12-29-95; 8:45 am]

BILLING CODE 3710-92-M