Navigation regulations: St. Marys Falls Canal and Soo Locks, MI; administration and navigation,

[Federal Register: August 31, 1999 (Volume 64, Number 168)]

[Proposed Rules]

[Page 47462-47464]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr31au99-49]

DEPARTMENT OF DEFENSE

Corps of Engineers; Department of the Army

33 CFR Part 207

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

AGENCY: Army Corps of Engineers, DoD.

ACTION: Notice of proposed rulemaking and request for comments.

SUMMARY: The Corps of Engineers proposes to amend 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. We propose to change the location where up bound vessels seeking passage through the Soo Locks request lock dispatch. We also propose to establish 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: Written comments must be received by October 15, 1999.

ADDRESSES: Army Corps of Engineers, ATTN: CECW-OD, 20 Massachusetts Avenue, NW, Washington, DC 20314-1000. Comments may also be faxed to (202) 761-1685 or e-mail to james.d.hilton@usace.army.mil.

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: 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 proposing to amend the regulations in 33 CFR part 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 F.R. 14451) and has been amended at various times.

Paragraph (c) is being amended to formally establish the call-in location and change in call sign currently being utilized by vessel owners. The current call-in location was published in the Notice to Navigation Interests on September 13, 1990. The call sign was changed due to the realignment of the

[[Page 47463]]

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 being 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 being amended to restrict the use of bow and stern thrusters while the vessel is in the locks. The purpose of this change is 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. Restrictions on the use of bow/stern thrusters were first published in a Notice to Navigation Interests in 1978.

Paragraph (h) is being 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 canals at the same time. The procedure was published in a Notice to Navigation Interests dated April 19, 1996.

Paragraph (r) is being 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 procedure was published in a Notice to Navigation Interests dated March 18, 1997.

This proposed 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 proposed rule will not have a significant impact on small business entities.

List of Subjects in 33 CFR Part 207

Navigation (water), Water transportation, Vessels.

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: 28 Stat. 362 (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) 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 officers shall be on duty: In the pilot house, on the bridge, or in the immediate vicinity thereof, the master, one mate, and one wheelsman; in the engine room, the chief engineer, one assistant engineer, and one oiler or other member of the crew familiar with the operation of the engine. 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.

    (A) Vessels will remain in radio contact with each other and with the Chief Lockmaster at all times until clear of the lock area.

    (B) The need for a deviation from the procedures set forth in

    [[Page 47464]]

    Sec. Sec. 207.440(h)(2)(i)(A) and (B) and 207.440(h)(2)(i) will be determined on a case by case basis by the Chief Lockmaster. * * * * *

    (r) Tug assist procedure. (1) Self-powered vessels. Mariners are advised that oftentimes adverse local weather conditions, i.e., high winds, current conditions and/or inclement weather, exists as vessels approach, enter and/or 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 insure full control at all times. * * * * *

    Dated: August 26, 1999. Eric R. Potts, Colonel, U.S. Army, Executive Director of Civil Works.

    [FR Doc. 99-22622Filed8-30-99; 8:45 am]

    BILLING CODE 3710-GA-P

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