[Federal Register Volume 61, Number 1 (Tuesday, January 2, 1996)]
[Proposed Rules]
[Pages 33-35]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31543]
=======================================================================
-----------------------------------------------------------------------
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
The legal authority for the regulation governing the use,
administration, and navigation of the St. Marys Falls Canal and Locks
is Section 4 of the River and Harbor Act of August 18, 1894 (28 Stat.
362), as amended, which is codified at 33 U.S.C. Section 1. This
statute requires the Secretary of the Army to ``prescribe such
regulations for the use, administration, and navigation of the
navigable waters of the United States'' as the Secretary determines may
be required by public necessity.
Background
The regulation governing the operation of the St. Marys Falls Canal
and Locks, in 33 CFR 207.440, was adopted on November 27, 1945 (10 FR
14451), and has been the subject of nine amendments. The legislation
allows the period of operation to be adjusted to meet the reasonable
demands of commerce. The provision setting out the current opening date
for the locks 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
[[Page 34]]
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. 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. 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. 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
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
[[Page 35]]
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
