[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
