[Federal Register Volume 60, Number 115 (Thursday, June 15, 1995)]
[Proposed Rules]
[Pages 31429-31433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14366]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 401


Seaway Regulations and Rules: Miscellaneous Amendments

AGENCY: Saint Lawrence Seaway Development Corporation, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Saint Lawrence Seaway Development Corporation and the St. 
Lawrence Seaway Authority of Canada publish joint Seaway Regulations. 
As a result of discussions with the Authority, it has been determined 
that a number of existing regulations need to be amended for 
clarification or simplification. In addition, several substantive 
changes are being proposed, specifically: changing the maximum 
allowable beam from 23.16 m (76 feet) to 23.8 m (78 feet), with 
certain, practical conditions applied; reducing the security deposit 
for certain vessels; and requiring permanent fenders, with a phase-in 
period. The first two of these proposals are intended to encourage 
increased usage of the Seaway while the third is intended to increase 
the safety for both the Corporation's and the Authority's locks and the 
vessels transiting.

DATES: Any party wishing to present views on the proposed amendments 
may file comments with the Corporation on or before July 17, 1995.

ADDRESSES: Send comments to Marc C. Owen, Chief Counsel, Saint Lawrence 
Seaway Development Corporation, 400 Seventh Street SW., Washington, DC 
20590.

FOR FURTHER INFORMATION CONTACT: Marc C. Owen, Chief Counsel, Saint 
Lawrence Seaway Development Corporation, 400 Seventh Street SW., 
Washington, DC 20590, (202) 366-6823.

SUPPLEMENTARY INFORMATION: As a result of discussions with the Saint 
Lawrence Seaway Authority of Canada, the Saint Lawrence Seaway 
Development Corporation proposes to amend the Seaway Regulations and 
Rules in 33 CFR Part 401 as described in the following summary.
    Section 401.3, ``Maximum vessel dimensions'', would be amended by 
revising paragraph (a), removing paragraph (d)(1), and adding a new 
paragraph (e) to change the maximum allowable beam from 23.16 m (76 
feet) to 23.8 m (78 feet) and simplify the approval process for vessels 
exceeding 23.2 m., with practical conditions applied for such things as 
vessel configuration and weather conditions.
    Section 401.6, ``Markings'', would be amended by revising 
paragraphs (a) and (b) to round off the length requirements from 19.8 m 
to 20.0 m and from 117 m to 110 m, respectively, for simplification and 
consistency with the international collision regulations. To alleviate 
safety problems caused by portable fender usage, Sec. 401.7, 
``Fenders'', would be revised to require, as a rule, permanent fenders 
of a specified type, with only occasional deployment of portable 
fenders allowed on a single transit basis, [[Page 31430]] with a phase-
in period until the beginning of the 1997 navigation season to ease 
transition.
    Section 401.9, ``Radiotelegraph equipment'', would be amended by 
revising paragraph (a) to round off the length requirement for self-
propelled vessels from 19.8 m to 20.0 m for simplification.
    Section 401.10, ``Mooring lines'', would be amended by revising 
paragraphs (b) and (c) to routinely allow synthetic lines since vessels 
now use them routinely and safely worldwide.
    Section 401.13, ``Hand lines'', would be amended by revising 
paragraph (b) to require hand lines to have a diameter of between 12 
and 20 mm and a minimum length of 35 m with uniform thickness 
throughout to avoid jamming on the car haulers and bollards that has 
occurred because of splicing of uneven pieces.
    Section 401.26, ``Security for tolls'', would be amended by 
revising paragraph (d) to reduce the security required where a number 
of vessels, for each of which a preclearance application has been 
approved, are owned or controlled by the same individual or company and 
have the same representative. Security for tolls for these vessels 
would not be required if every toll account received in the preceding 
five years has been paid within forty-five days after the vessel enters 
the Seaway.
    Section 401.42, ``Passing hand lines'', would be amended by 
revising paragraph (a)(1) to change ``linesmen'' to ``linehandlers'' 
for gender neutrality.
    Section 401.43, ``Mooring table'', would be amended by deleting the 
unnecessary references to specific locations for simplification.
    Section 401.45, ``Emergency procedure'', would be amended to 
requiring the Master to be responsible for giving the signal in an 
emergency upon entering the locks to make the practice consistent in 
both Canadian and U.S. locks and, for safety purposes, by requiring 
mooring lines to be put out as quickly as possible.
    Section 401.52,``Limit of approach to a bridge'', would be amended 
by revising paragraph (b) to change ``Caughnawaga'' to ``Kahnawake'', 
as it is now commonly known.
    Section 401.64, ``Calling in'', would be amended by revising 
paragraph (e) to make the master solely responsible because it is his 
or hers, not the pilot's responsibility.
    Section 401.65,``Communication--ports, docks, and anchorages'', 
would be amended by revising paragraph (a)(1) to round off 0.87 of a 
nautical mile to 1 nautical mile for simplification and by removing 
that part of paragraph (c) that refers to dangerous cargo reporting and 
placing its substance in Sec. 401.66, which is a more appropriate 
location.
    Section 401.66, ``Applicable laws'', would be amended by 
redesignating the current text as paragraph (a) and adding a new 
paragraph (b), which would be the text removed from Sec. 401.65(c) 
amended to change the dangerous cargo reporting and filing requirements 
to reflect the practice instituted by the Canadian Authority under 
Seaway Notice No. 2 of 1993.
    Section 401.71, ``Signals--explosive or hazardous cargo vessels'', 
would be amended by deleting paragraph (b) and revising current 
paragraph (a) to combine the requirements for explosive and hazardous 
vessels into one to be consistent with the international collision 
regulations.
    Section 401.72, ``Reporting--explosive and hazardous cargo 
vessels'', would be amended by adding new paragraphs (e), (f), (g), and 
(h) to require certain information on load plans concerning dangerous 
cargo to ensure enhanced safety, reflecting the practice instituted by 
the Authority under Seaway Notice No. 2 of 1993.
    Section 401.75, ``Payment of tolls'', would be amended to provide 
that every toll invoice shall be paid in Canadian or American funds 
within forty-five days after the vessel enters the Seaway and any 
adjustment of the amount payable shall be provided for in a subsequent 
invoice, which is consistent with the proposed new policy on reduced 
security as proposed for Sec. 401.26(d).
    Section 401.84, ``Reporting of impairment or other hazard by 
vessels transiting within the Seaway'', would be amended by revising 
paragraph (c) to reflect that the reporting requirements cover the 
equipment listed in Schedule I as well.
    Section 401.89, ``Transit refused'', would be amended by revising 
paragraph (a)(1) to transit refusal may be based upon the equipment 
requirements in Schedule I as well when transiting Canadian waters.
    Section 401.91, ``Removal of obstructions'', would be amended to 
remove the words ``take such action * * * as the Corporation or the 
Authority deem necessary'' as superfluous.
    Section 401.94, ``Keeping copy of regulations'', would be amended 
to require that, in addition to a copy of the Regulations, a copy of 
the vessel's latest Ship Inspection Report, and Seaway Notices for the 
navigation year shall be kept on board each vessel, which reflects the 
routine requirement for this documentation for inspection and reference 
purposes.
    Schedule I, ``VESSELS TRANSITING U.S. WATERS'', would be amended by 
revising paragraph (d)(3) to require, for each vessel with a fixed 
propeller, a table of shaft revolutions per minute, for a 
representative range of speeds, and a notice showing any critical range 
of revolutions at which the engine designers recommend that the engine 
not be operated on a continuous basis because this information is 
necessary for officers or pilots having conduct of the vessel.
    Schedule II, ``Table of Speeds'', would be amended by revising item 
4 to reduce the allowable speeds in the area covered, by revising item 
6 to reduce the allowable speeds the area covered and include the areas 
now covered by items 7 through 10 under item 6's allowable speed limits 
to eliminate varying speed areas, reduce speeding violations, and 
reduce vessel wake damages. Current items 7 through 10 would be removed 
and current items 11 through 15 would be renumbered accordingly.
    Appendix I, ``Vessel Dimensions'', would be amended by revising the 
second undesignated paragraph after paragraph (b) to round off ``23.16 
m'' to ``23.2 m'' for simplification and conformity with the proposed 
amendment to Sec. 401.3.

Regulatory Evaluation

    This proposed regulation involves a foreign affairs function of the 
United States, and therefore, Executive Order 12866 does not apply. 
This proposed regulation has also been evaluated under the Department 
of Transportation's Regulatory Policies and Procedures and the proposed 
regulation is not considered significant under those procedures and its 
economic impact is expected to be so minimal that a full economic 
evaluation is not warranted.

Regulatory Flexibility Act Determination

    The Saint Lawrence Seaway Development Corporation certifies that 
this proposed regulation, if adopted, would not have a significant 
economic impact on a substantial number of small entities. The St. 
Lawrence Seaway Regulations and Rules primarily relate to the 
activities of commercial users of the Seaway, the vast majority of whom 
are foreign vessel operators. Therefore, any resulting costs will be 
borne mostly by foreign vessels.

Environmental Impact

    This proposed regulation does not require an environmental impact 
statement under the National Environmental Policy Act (49 U.S.C. 
[[Page 31431]] 4321, et seq.) because it is not a major federal action 
significantly affecting the quality of human environment.

Federalism

    The Corporation has analyzed this proposal under the principles and 
criteria in Executive Order 12612 and has determined that this proposal 
does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.

List of Subjects in 33 CFR Part 401

    Hazardous materials transportation, Navigation (water), Radio 
reporting and record keeping requirements, Vessels, Waterways.
    Accordingly, the Saint Lawrence Seaway Development Corporation 
proposes to amend Part 401--Seaway Regulations and Rules (33 CFR part 
401) as follows:
PART 401--[AMENDED]

    1. The authority citation for part 401 continues to read as 
follows:

    Authority: 68 Stat. 93-96 (33 U.S.C. 981-990), as amended; Sec. 
104, Pub. L. 92-340, 86 Stat 424 (49 CFR 1.50a) (37 FR 21943), 
unless otherwise noted.

    2. Section 401.3 would be amended by revising paragraphs (a) and 
(d) and adding a new paragraph (e) to read as follows:


Sec. 401.3  Maximum vessel dimensions.

    (a) Subject to paragraph (e) of this section, no vessel of more 
than 222.5 m in overall length or 23.8 m in extreme breadth shall 
transit.
* * * * *
    (d) No vessel's hull or superstructure when alongside a lock wall 
shall extend beyond the limits of the lock wall, as illustrated in 
Appendix I of this part.
    (e) A vessel having a beam width in excess of 23.2 m and having 
dimensions that do not exceed the limits set out in the block diagram 
in Appendix I of this part:
    (1) Shall, upon application to the Authority, be considered for 
transit after review of the vessels drawings; and
    (2) If accepted, shall transit in accordance with directions issued 
by the Authority or Corporation.
    3. Section 401.6 would be amended by revising paragraphs (a) and 
(b) to read as follows:


Sec. 401.6  Markings.

    (a) Vessels of more than 20.0 m in overall length shall be 
correctly and distinctly marked and equipped with draft markings on 
both sides at the bow and stern.
    (b) In addition to the markings required by paragraph (a) of this 
section, vessels of more than 110 m in overall length shall be marked 
on both sides with midship draft markings.
* * * * *
    4. Section 401.7 would be revised to read as follows:


Sec. 401.7  Fenders.

    (a) Where any structural part of a vessel protrudes so as to 
endanger Seaway installations, the vessel shall be equipped with 
fenders--
    (1) That are made of steel, hardwood, or teflon or a combination of 
two or all of these materials, are of a thickness not exceeding 15 
centimeters, with well tapered ends, and are located along the hull, 
close to the main deck level; and
    (2) That by no later than the beginning of the 1997 navigation 
season are permanently attached to the vessel, except that portable 
fenders, other than rope hawsers, are allowed for a single transit 
basis if the portable fenders are--
    (i) Made of a material that will float; and
    (ii) Securely fastened and suspended from the vessel in a 
horizontal position by a steel cable or a fiber rope in such a way that 
they can be raised or lowered in a manner that does not damage Seaway 
installations.
    5. Section 401.9 would be amended by revising paragraph (a) to read 
as follows:


Sec. 401.9  Radiotelephone equipment.

    (a) Self-propelled vessels, other than pleasure craft of less than 
20.0 m in overall length, shall be equipped with VHF (very high 
frequency) radiotelephone equipment.
* * * * *
    6. Section 401.10 would be amended by revising paragraphs (b) and 
(c) to read as follows:


Sec. 401.10  Mooring lines.

* * * * *
    (b) Unless otherwise permitted by an officer, only wire rope 
mooring lines with a breaking strength that complies with the minimum 
specifications set out in the table in this section shall be used for 
securing a vessel in lock chambers.
    (c) Synthetic lines may be used for mooring at approach walls, tie-
up walls and docks within the Seaway.
* * * * *
    7. Section 401.13 would be amended by revising paragraph (b) to 
read as follows:


Sec. 401.13  Hand lines.

* * * * *
    (b) be of uniform thickness and have a diameter of not less than 12 
mm and not more than 20 mm and a minimum length of 35 m.
    8. Section 401.26 would be amended by revising paragraph (d) to 
read as follows:


Sec. 401.26  Security for tolls.

* * * * *
    (d) Notwithstanding paragraph (c) of this section, where a number 
of vessels, for each of which a preclearance has been given, are owned 
or controlled by the same individual or company and have the same 
representative, the security for tolls is not required if the 
individual, company, or representative has paid every toll account 
received in the preceding five years within the period set out in 
Sec. 401.75.
* * * * *
    9. Paragraphs (a)(1) and (2) of section 401.42 would be amended by 
removing the word ``linesmen'' and adding, in its place, the word 
``linehandlers''.
    10. Section 401.43 would be amended by revising the introductory 
text as follows:


Sec. 401.43  Mooring table.

    Unless otherwise directed by an officer, vessels passing through 
the locks shall moor at the side of the tie-up wall or lock as shown in 
the table to this section.
* * * * *
    11. Section 401.45 would be revised to read as follows:


Sec. 401.45  Emergency procedure.

    When the speed of a vessel entering a lock chamber has to be 
checked in an emergency, a signal consisting of five blasts on a horn 
shall be given by the master and all mooring lines shall be put out as 
quickly as possible.


Sec. 401.52  [Amended]

    12. Paragraph (b) of Sec. 401.52 would be amended by removing the 
word ``Caughnawaga'' and adding, in its place, the word ``Kahnawake''.


Sec. 401.64  [Amended]

    13. Paragraph (e) of Sec. 401.64 would be amended by removing the 
words ``or pilot''.
    14. Section 401.65 would be amended by revising paragraphs (a)(1) 
and (2) and paragraph (c) to read as follows:


Sec. 401.65  Communication--ports, docks and anchorages.

    (a) * * *
    (1) For the lake ports of Toronto and Hamilton, 1 nautical mile 
outside the harbor limits; and
    (2) For other lake ports, when crossing the harbor entrance.
* * * * *
    (c) Every vessel departing from a port, dock or anchorage, shall 
report to the [[Page 31432]] appropriate Seaway station its destination 
and the expected time of arrival at the next check point.
    15. Section 401.66 would be amended by redesignating the current 
text as paragraph (a) and adding a new paragraph (b) to read as 
follows:
Sec. 401.66  Applicable laws.

* * * * *
    (b) Every vessel carrying dangerous cargo, as described in 
Secs. 401.66 through 401.73, and all tankers carrying liquid cargo in 
bulk, shall, before transiting any part of the Seaway, file with the 
Corporation and the Authority a copy of the current load plan as 
described in Sec. 401.72(e).
    16. Section 401.71 would be revised to read as follows:
Sec. 401.71  Signals--explosive or hazardous cargo vessels.
    An explosive or hazardous cargo vessel shall display at the 
masthead or at an equivalent conspicuous position a ``B'' flag.
    17. Section 401.72 would be amended by adding new paragraphs (e), 
(f), (g), and (h) to read as follows:


Sec. 401.72  Reporting--explosive and hazardous cargo vessels.
* * * * *
    (e) Every vessel carrying dangerous cargo, as defined in 
Sec. 401.66, and all tankers carrying liquid cargo in bulk shall, 
before transiting any part of the Seaway, file with the Corporation and 
the Authority a copy of the current load plan that includes the 
following information:
    (1) The name of the cargo, its IMO class and UN number as set out 
in the IMO Code, if applicable, or, if the cargo is not classed by the 
IMO and does not have a UN number, the words ``NOT CLASSED'';
    (2) The weight in metric tonnes and the stowage location of each 
commodity;
    (3) The approximate weight in metric tonnes or the approximate 
volume in cubic meters in each hold or tank;
    (4) The flashpoint of the cargo, if applicable; and
    (5) The estimated date of entry into the Seaway and the date and 
time that the load plan was last issued or amended.
    (f) For tankers, the information required under this section 401.72 
shall be detailed on a plan showing the general layout of the tanks 
and, if a tanker is so fitted, a midship cross-section showing double 
bottom tanks and ballast side tanks.
    (g) If a Material Safety Data Sheet (MSDS) on a hazardous cargo 
that a vessel is carrying is not available in a Seaway Traffic Control 
Center, the vessel shall provide one.
    (h) Every vessel shall submit its load plan to the nearest Seaway 
Traffic Control Center and, if there are subsequent changes in stowage 
including loading and discharging during a transit, the vessel shall 
submit an updated plan before departing from any port between St. 
Lambert and Long Point.
    18. Section 401.75 would be revised to read as follows:
Sec. 401.75  Payment of tolls.
    Every toll invoice shall be paid in Canadian or American funds, as 
indicated on the invoice, within forty-five days after the vessel 
enters the Seaway, and any adjustment of the amount payable shall be 
provided for in a subsequent invoice.
    19. Section 401.84 would be amended by revising paragraph (c) to 
read as follows:
Sec. 401.84  Reporting of impairment or other hazard by vessels 
transiting within the Seaway.
* * * * *
    (c) Any malfunction on the vessel of equipment required by 
Sec. 401.5 to 401.21 and subsections (e) through (j) of Schedule I of 
subpart A of this part;
* * * * *
    20. Section 401.89 would be amended by revising paragraph (a)(1) to 
read as follows:
Sec. 401.89  Transit refused.
    (a) * * *
    (1) The vessel is not equipped in accordance with Secs. 401.6 to 
401.21 and subsections (e) to (j) of Schedule I of subpart A of this 
part when transiting the Canadian waters of the Saint Lawrence Seaway;
* * * * *
    21. Section 401.91 would be revised to read as follows:
Sec. 401.91  Removal of obstructions.
    The Corporation or the Authority may, at the owner's expense, move 
any vessel, cargo, or thing that obstructs or hinders transit on any 
part of the Seaway.
    22. Section 401.94 would be revised to read as follows:
Sec. 401.94  Keeping copy of regulations.
    A copy of these regulations (subpart A of Part 401), a copy of the 
vessel's latest Ship Inspection Report, and Seaway Notices for the 
current navigation year shall be kept on board every vessel in transit.
Subpart A to Part 401  [Amended]
    23. Schedule I to subpart A, part 401 would be amended by revising 
paragraph (d)(3) to read as follows:
Schedule I--Vessels Transiting U.S. Waters
* * * * *
    (d) * * *
    (3) For each vessel with a fixed propeller, a table of shaft 
revolutions per minute, for a representative range of speeds, and a 
notice showing any critical range of revolutions at which the engine 
designers recommend that the engine not be operated on a continuous 
basis.
* * * * *
    24. Schedule II to subpart A, part 401 would be amended by removing 
items 7 through 10 and redesignating items 11 through 15 as new items 7 
through 11 respectively, and by revising item 4 and item 6 to read as 
follows:

                    Schedule II.--Table of Speeds\1\                    
------------------------------------------------------------------------
                                                 Maximum speed over the 
                                                     bottom, knots      
        From--                   To--         --------------------------
                                                 Col. III      Col. IV  
------------------------------------------------------------------------
                                                                        
*                  *                  *                  *              
4. Lake St. Francis     Lake St. Francis Buoy           12          12  
 Buoy D3.                D49.                                           
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
6. Eisenhower Lock....  Deer Island Lt. 186..         11.5          10.5
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
------------------------------------------------------------------------
\1\Maximum speeds at which a vessel may travel in identified areas in   
  both normal and high water conditions are set forth in this schedule. 
  The Corporation and the Authority will, from time to time, designate  
  the set of speed limits which is in effect.                           


[[Page 31433]]

    25. Appendix I to subpart A, part 401 would be amended by revising 
the first sentence of the second undesignated paragraph after paragraph 
(b) to read as follows:

Appendix I--Vessel Dimensions

* * * * *

    The limits in the block diagram are based on vessels with a maximum 
allowable beam of 23.2 m. * * *

* * * * *

    Issued at Washington, D.C. on June 6, 1995.


Saint Lawrence Seaway Development Corporation.

Marc C. Owen,

Chief Counsel.

[FR Doc. 95-14366 Filed 6-14-95; 8:45 am]

BILLING CODE 4910-61-P