Federal Register / Vol. 66, No. 108 / Tuesday, June 5, 2001 / Rules and Regulations 30063

designated on-scene U.S. Coast Guard

patrol personnel. On-scene Coast Guard

patrol personnel include commissioned,

warrant, and petty officers of the Coast

Guard on board Coast Guard, Coast

Guard Auxiliary, local, state, and federal

law enforcement vessels.

Dated: May 17, 2001.

B. M. Salerno,

Captain, U.S. Coast Guard, Captain of the

Port, Boston, Massachusetts.

[FR Doc. 01–14098 Filed 6–4–01; 8:45 am]

BILLING CODE 4910–15–U

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: 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 safety procedures

published in three Notice to Navigation

Interests issued on March 29, 2000. The

St. Marys Falls Canal and Locks

navigation regulation is amended to

delete reference to oil tankers having

draft and beam permitting transit

through the Canadian lock, since the

Canadian lock no longer handles oil

tankers. The regulation will also

prohibit the cleaning and gas freeing of

tanks on all hazardous material cargo

vessels while either in the lock or while

in any part of the Soo Locks approach

canals. As an additional vessel safety

measure, whenever a tank vessel is

within the limits of the lock piers either

above or below the locks, vessel

movement will be limited to a single

vessel, unless the tanker is certified gas

free or is carrying non-combustible

products. The regulation will allow

tankers with any type cargo to transit

the MacArthur Lock when the locks

park is closed, while tankers carrying

non-combustible products or tankers

certified gas free will be allowed to

transit the MacArthur Lock when the

park is open. The regulation clarifies

that vessels, except U.S. vessels of war

and public vessels (as defined in 46

U.S.C. 2101), carrying explosives are

prohibited from transiting U.S. Locks.

DATES: The final rule is effective July 5,

2001.

ADDRESSES: U.S. Army Corps of

Engineers, ATTN: CECW–OD, 441 G

Street, NW., Washington, DC 20314–

1000.

FOR FURTHUR INFORMATION CONTACT: Mr.

Jim Hilton, Dredging and Operations

Branch (CECW–OD) at (202) 761–4669

or Mr. David L. Dulong, Chief,

Engineering Technical Services, Detroit

District at (313) 226–6794.

SUPPLEMENTARY INFORMATION: Pursuant

to its authority in Section 4 of the Rivers

and Harbors Act of August 18, 1894 (40

Stat. 266; 33 U.S.C. 1), the Corps is

amending the regulations in 33 CFR

207.441(b)(4) and (5). The regulation

governing the operation of the St. Marys

Falls Canal and Locks, 33 CFR 207.441

was adopted on March 6, 1954, (19 FR

1275) and has been amended at various

times.

Paragraph (b) is amended to delete

reference to classes of vessels permitted

to transit the U.S. locks or enter any of

the United States approach canals.

Paragraph (b)(4) is further amended by

deleting reference to oil tankers being

permitted to transit through the

Canadian lock, as the Canadian lock has

been refurbished and can no longer

accommodate oil tankers. In addition,

paragraph (b)(4) is amended by deleting

reference to personnel smoking onboard

tankers while in the lock area, as

prohibiting smoking is included in 33

CFR 207.440(s). Paragraph (b)(4) is

amended and rewritten to improve

vessel safety by adding subparagraphs

(i), (ii), and (iii). Subparagraph (b)(4)(i)

prohibits the cleaning and gas freeing of

tanks on all hazardous material cargo

vessels (as defined in 49 CFR part 171),

while the vessel is either in the lock or

in any part of the Soo Locks approach

canals from the outer end of the east

center pier to the outer end of the

southwest pier. Subparagraph (b)(4) (ii)

is added for safety purposes to limit

vessel movement to a single vessel

whenever a tank vessel carrying

hazardous cargo is within the limits of

the lock piers either above or below the

locks, unless the vessel is certified gas

free or is carrying non-combustible

products. Subparagraph (b)(4)(iii) is

added to allow tankers carrying any

type of cargo to transit MacArthur Lock

when the locks park is closed. Tankers

certified gas free or carrying noncombustible products that will not react

hazardously with water will be allowed

to transit MacArthur Lock when the

park is open.

Paragraph (b)(5) is amended to add a

phrase to clarify that vessels, except

U.S. vessels of war or public vessels as

defined in 46 U.S.C. 2101, carrying

explosives are prohibited from

transiting the U.S. Locks.

This final rule is not a major rule for

the purposes of Executive Order 12866.

As required by the Regulatory

Flexibility Act, the Corps certifies that

this final rule will not have a significant

impact on small business entities.

Comments on the Proposed Rule

Three comments were received to the

January 23, 2001, Federal Register

proposed rule and the January 23, 2001,

public notice issued by the Detroit

District. Two industry comments

requested a clarifying phrase be added

to § 207.441(4)(ii)(iii) to allow the

release of a vessel from the lock in the

direction of a approaching tank vessel,

if the tanker is certified gas free and

allow tankers certified gas free to transit

the lock when MacArthur Lock park is

open. We concur with adding the phrase

‘‘unless the vessel is certified gas free or

is carrying non-combustible products’’.

One comment requested that U.S.

vessels of war and public vessels, as

defined in 46 U.S.C. 2101, be exempt

from the provision of being prohibited

from transiting the U.S. Locks carrying

explosives. We concur with this

exemption.

List of Subjects in 33 CFR Part 207

Navigation (water), Penalties,

Reporting and recordkeeping

requirements, Waterways.

For reasons set out in the preamble,

Title 33, Chapter II of the Code of

Federal Regulations is 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 207.441 is amended by

revising paragraphs (b)(4) and (b)(5) to

read as follows:

§ 207.441 St. Marys Falls Canal and Locks,

Mich.; security.

* * * * *

(b) Restrictions on transit of vessels.

***

(1) Tanker vessels—(i) Hazardous

material. Cleaning and gas freeing of

tanks on all hazardous material cargo

vessels (as defined in 49 CFR part 171)

shall not take place in a lock or any part

of the Soo Locks approach canals from

the outer end of the east center pier to

the outer end of the southwest pier.

(ii) Approaching. Whenever a tank

vessel is approaching the Soo Locks and

within the limits of the lock piers (outer

ends of the southwest and east center

30064 Federal Register / Vol. 66, No. 108 / Tuesday, June 5, 2001 / Rules and Regulations

piers) either above or below the locks,

no other vessel will be released from the

locks in the direction of the approaching

tank vessel, unless the tank vessel is

certified gas free or is carrying noncombustible products, until the tank

vessel is within the lock chamber or

securely moored to the approach pier.

Whenever a tank vessel is within a Soo

Lock Chamber, the tank vessel, unless

certified gas free or is carrying noncombustible products, will not be

released from the lock until the channel

within the limits of the lock piers either

above or below the lock, in the direction

of the tank vessel, is clear of vessels or

vessels therein are securely moored to

the approach pier. This limits

movement to a single vessel whenever

a tank vessel is within the limits of the

lock piers either above or below the

locks, unless the tank vessel is certified

gas free or is carrying non-combustible

products. Tank vessels to which this

paragraph (b)(4)(ii) applies include

those vessels carrying fuel oil, gasoline,

crude oil or other flammable liquids in

bulk, including vessels that are not

certified gas free where the previous

cargo was one of these liquids.

(iii) Locks park. Except as provided in

paragraph (b)(5) of this section, tankers

with any type cargo will be permitted to

transit the MacArthur Lock when the

locks park is closed. The exact dates and

times that the park is closed varies, but

generally these periods are from

midnight to 6 a.m. June through

September with one or two hour closure

extensions in the early and late seasons.

Tankers carrying non-combustible

products that will not react hazardously

with water or tankers that have been

purged of gas or hazardous fumes and

certified gas free will be allowed to

transit the MacArthur Lock when the

park is open.

(5) Carrying explosives. All vessels,

except U.S. vessels of war and public

vessels as defined in 46 U.S.C. 2101,

carrying explosives are prohibited from

transiting the U.S. Locks.

* * * * *

Dated: May 23, 2001.

Alfred H. Foxx,

Colonel, U.S. Army, Executive Director of

Civil Works.

[FR Doc. 01–14023 Filed 6–4–01; 8:45 am]

BILLING CODE 3710–92–P

POSTAL SERVICE

39 CFR Part 111

Eligibility Requirements for

Attachments and Enclosures With

Bound Printed Matter

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: This final rule revises the

Domestic Mail Manual (DMM) to

implement changes to the standards

governing permissible attachments and

enclosures with Bound Printed Matter.

EFFECTIVE DATE: June 14, 2001.

FOR FURTHER INFORMATION CONTACT:

Jerome M. Lease, 703–292–4184.

SUPPLEMENTARY INFORMATION: On March

26, 2001, the Postal Service published a

proposed rule in the Federal Register

(66 FR 16431) soliciting comments

concerning the standards in the

Domestic Mail Manual (DMM)

governing permissible attachments and

enclosures with Bound Printed Matter

(BPM) eligible to be mailed at BPM

rates.

Under current postal standards, the

only attachments and enclosures

authorized to be mailed with qualifying

Bound Printed Matter at BPM rates are

printed matter mailable as Standard

Mail and merchandise samples meeting

prescribed conditions. The proposed

change would rescind the provision

concerning merchandise samples. In its

place, the Postal Service proposed the

inclusion of ‘‘nonprint’’ attachments

and enclosures so long as the amount of

the attachments and enclosures is

relatively modest compared to the

amount of qualifying Bound Printed

Matter and each has minimal value. In

each case, objective standards were

proposed for application of the tests.

That is, the proposed rule allows for the

inclusion of nonprint attachments and

enclosures so long as the combined

weight of all nonprint attachments and

enclosures in the mailpiece is less than

or equal to 25 percent of the weight of

the Bound Printed Matter in the

mailpiece. In addition, the individual

cost of each nonprint attachment or

enclosure must be less than or equal to

the cost of a ‘‘low-cost’’ item as defined

in DMM E670.5.11, and the combined

cost of all nonprint attachments and

enclosures may not exceed two times

the cost of a low-cost item as defined in

DMM E670.5.11. The ‘‘low-cost’’

amount for calendar year 2001 is $7.60

and this amount is adjusted for inflation

annually by the Internal Revenue

Service. For purposes of this test, ‘‘cost’’

is the actual cost to the mailer for the

item, rather than the price for which it

sells the item, represented value, market

value, or other amount.

In sum, some of the nonprint

attachments and enclosures permitted

with Bound Printed Matter under the

current standard would also be

permissible under the new standard,

while some of these attachments and

enclosures would not be permitted

under the new standard. In addition,

some matter not permitted as

attachments and enclosures under the

current standard would be permissible

under the new standard.

The Postal Service received 23

comments in response to the proposal.

Twenty-two comments supported the

proposal to replace the current standard

with an objective standard based on the

weight and value of attachments and

enclosures. A number of these

comments stated that the objective

standards would be easier for mailers

and postal personnel to understand and

use, and thus would facilitate the

preparation of mailings and acceptance

of mail. Some comments also noted that

efforts to revise standards in this

manner are appropriate in view of the

changes taking place in the publishing

industry. Of the 22 favorable comments,

18 fully supported the proposed weight

and value standards. Three commenters

requested that the weight limit on

nonprint attachments and enclosures be

increased from 25 percent to 50 percent

and one commenter requested that the

limit be increased from 25 percent to 49

percent.

The Postal Service has given

consideration to these requests to

increase the weight of nonprint

attachments and enclosures. However,

the Postal Service is mindful that Bound

Printed Matter rates are intended for

printed matter. This is not to say that a

modest amount of nonprint attachments

and enclosures should be prohibited,

and indeed some nonprint matter has

been permitted under current standards.

The Postal Service is concerned that

either of these higher ratios proposed by

commenters would serve to cloud the

distinction between bona fide Bound

Printed Matter and other Package

Services mail, such as Parcel Post, or

Standard Mail. Therefore, neither of the

suggested higher weight limits is

adopted in this final rule.

Of the comments supporting the

proposed standards, five comments

sought a specific ruling concerning

‘‘binders’’ as bona fide elements of

Bound Printed Matter. These requests

are beyond the scope of this rulemaking

and are not addressed in this final rule.

The remaining comment, although

taking ‘‘no position on the merits of the

proposed change,’’ suggested that the