[Federal Register Volume 61, Number 209 (Monday, October 28, 1996)]
[Rules and Regulations]
[Page 55572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27406]
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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: 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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