[Federal Register Volume 65, Number 126 (Thursday, June 29, 2000)]
[Proposed Rules]
[Pages 40070-40073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16409]


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DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 401

[Docket No. SLSDC 2000-7543]
RIN 2135-AA11


Seaway Regulations and Rules: Miscellaneous Amendments

AGENCY: Saint Lawrence Seaway Development Corporation, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Saint Lawrence Seaway Development Corporation (SLSDC) and 
the St. Lawrence Seaway Management Corporation of Canada (SLSMC) 
publish joint Seaway Regulations. The SLSDC and the SLSMC have 
determined that a number of existing regulations need to be amended. 
Only four of the amendments in this proposal are substantive and of 
applicability in both U.S. and Canadian waters. Accordingly, comments 
are invited on only these four proposed amendments. (See Supplementary 
Information.)
    The remaining amendments are merely editorial, ministerial, for 
clarification without substantive change in interpretation, or 
applicable only in Canada. The Canada Marine Act has abolished the 
Saint Lawrence Seaway Authority of Canada and replaced it with the 
SLSMC, made changes in the manner in which the SLSMC conducts or may 
conduct its operations as compared to the Authority, and made minor 
changes in some of the terminology used in the Canadian law applicable 
to the Seaway. Accordingly, most of the amendments in this proposal are 
strictly editorial, reflect procedures undertaken unilaterally by the 
SLSMC, or otherwise are applicable only in Canada because of unilateral 
action by the SLSMC or Canadian law. Accordingly, the SLSDC is not 
requesting comments on these amendments, even though they appear in 
this proposal. Other changes are due strictly to Canadian circumstances 
or unilateral action, such as: removal of reference to bridges that no 
longer exist; removal of references to the Canadian entity in the rules 
on detention and sale; and adding provisions that are only applicable 
on Canadian property. Some minor changes in numbering and lettering 
also are being made.

DATES: Any party wishing to present views on the proposed amendments 
may file comments with the Corporation on or before July 31, 2000.

ADDRESSES: Signed, written comments should refer to the docket number 
appearing at the top of this document and must be submitted to the 
Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh Street, SW, 
Washington, DC 20590-0001. Written comments may also be submitted 
electronically by using the submission form at http://dmses.dot.gov/submit/BlankDSS.asp. All comments received will be available for 
examination between 9 a.m. and 5 p.m., E.T., Monday through Friday, 
except federal holidays. Those desiring notification of receipt of 
comments must include a self-addressed, stamped envelope or postcard.

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 Management Corporation 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.
    Only four of the amendments in this proposal are substantive and of 
applicability in both U.S. and Canadian waters. Accordingly, comments 
are invited on only these four proposed amendments, which are as 
follows.
    Section 401.3, ``Maximum vessel dimensions'', would be amended by 
revising paragraph (e) to allow a vessel with a beam in excess of 23.2 
m, but not more than 23.8 m. and an overall length in excess of 222.5 
m, but not more than 225.5 m, to be considered for transit upon 
application to the SLSMC and SLSDC. This proposal follows successful 
feasibility testing by both corporations. Section 410.10, ``Mooring 
lines'', would be amended by adding a new paragraph (a)(2) requiring 
mooring lines to have a diameter not greater than 28 mm. This is in 
response to safety concerns for linehandling personnel of both 
corporations. The larger, heavier mooring lines that have been used by 
some vessels are difficult to handle and may cause back injuries.
    Section 401.13, ``Hand lines'', would be amended by changing the 
minimum diameter from 12 mm to 15 mm, the maximum diameter from 20 mm 
to 17 mm, and the minimum length from 35 m to 30 m for similar safety 
of linehandling personnel reasons. Schedule III, ``Calling-In Table'', 
would be amended by changing a number of reporting requirements at 
certain calling-in points. The SLSDC and the SLSMC now share the same 
computer database, which eliminates the need for vessels to report 
particulars more than once unless a change has occurred.
    The remaining amendments, described in the rest of this preamble, 
are merely editorial, ministerial, for clarification without 
substantive change in interpretation, or applicable only in Canada. 
Some minor changes in numbering and lettering also are being made.
    The Canada Marine Act has abolished the Saint Lawrence Seaway 
Authority of Canada and replaced it with the SLSMC, made changes in the 
manner in which the SLSMC conducts or may conduct its operations as 
compared to the Authority, and made minor changes in some of the 
terminology used in the Canadian law applicable to the Seaway. 
Accordingly, most of the amendments in this proposal are strictly 
editorial, reflect procedures undertaken unilaterally by the SLSMC, or 
otherwise are applicable only in Canada because of unilateral action by 
the SLSMC or Canadian law. Accordingly, the SLSDC is not requesting 
comments on these amendments, even though they appear in this proposal. 
The principal change of this type is wherever the terms ``Saint 
Lawrence Seaway Authority'', ``Authority'', etc. appears, they are 
replaced with ``Saint Lawrence Seaway Management Corporation'', 
``Manager'', etc. Another change is the term ``vessel'' is referred to 
as ``ship'' in the Canadian Act and the regulations will so note. 
Similarly, the SLSMC now refers to the ``Tariff of Tolls'' as the 
``Schedule of Tolls'' and to ``tolls and charges'' as ``fees'', both of 
which also are to be noted in the regulations. Finally, the SLSMC now 
refers to these regulations as ``Practices and Procedures'' and that is 
so noted.
    There are a number of changes that merely reflect current Canadian 
practice

[[Page 40071]]

in their procedures for clearances and tolls collection, and similar 
matters, such as adding a requirement for 3 copies of applications for 
preclearance in section 401.24 or the type of bonding they will accept 
in paragraph 401.26(a)(5). Some administrative provisions, such as 
paragraphs 401.26(b), 401.54(a), and 401.59(c) and section 401.33, have 
been rewritten simply for clarity with no substantive change. In 
addition, where the Canadian SLSMC is solely handling the 
administrative aspect of the Seaway's operations, such as in section 
401.26 for security for tolls, references to the SLSDC are being 
removed.
    Other changes are due strictly to Canadian circumstances or 
unilateral action include: removal of the reference to Bridges 20 and 
21 in paragraph 401.52(b) is removed because the bridges no longer 
exist; removal of references to the Canadian entity in the rules on 
detention and sale, sections 401.86, 401.87, and 401.88, which the 
SLSMC will no longer use, but which remain of current and prospective 
use by the SLSDC. Finally, new paragraphs (b) and (c) are being added 
to section 401.90, ``Boarding for inspection'', which are only 
applicable on Canadian property.

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. 4321, 
et seq.) because it is not a major federal action significantly 
affecting the quality of human environment.

Federalism

    The Corporation has analyzed this rule under the principles and 
criteria in Executive Order 13132, Dated August 4, 1999, and has 
determined that it will not have a substantial, direct effect on the 
States or on the distribution of power and responsibilities among 
various levels of government. The rule will not limit the policymaking 
discretion of the States. Nothing in it would directly preempt any 
State law or regulation. Because the rule will have no significant 
effect on State or local governments, no consultations with those 
governments on this rule were necessary.

Paperwork Reduction Act

    This proposal has been analyzed under the Paperwork Reduction Act 
of 1995 and does not contain new or modified information collection 
requirements subject to the Office of Management and Budget review.

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, subpart A, would be revised 
to read as follows:

    Authority: 33 U.S.C. 983(a) and 984(a)(4), as amended; 49 CFR 
1.50a, unless otherwise noted.


Sec. 401.1  [Amended]

    2. Section 401.1 would be amended by adding the parenthetical 
phrase ``(the Practices and Procedures in Canada)'' after the words 
``Seaway Regulations''.
    3. Section 401.2 would be amended as follows:
    a. Remove paragraph (a).
    b. Redesignate paragraphs (b) and (c) as paragraphs (a) and (b).
    c. Add a new paragraph (c).
    d. Redesignate current paragraphs (m) through (p) as paragraphs (o) 
and (r).
    e. Add new paragraphs (m) and (n).
    f. In newly redesignated paragraph (q), add the parenthetical 
phrase ``(`ship' in Canada)'' after the word ``Vessel''.
    g. In newly redesignated paragraph (q), add the parenthetical 
phrase ``(`ship traffic controller' in Canada)'' after the word 
``controller''.
    The additions read as follows:


Sec. 401.2  Interpretation.

* * * * *
    (c) ``Manager'' means the St. Lawrence Seaway Management 
Corporation;
* * * * *
    (m) ``Tariff of Tolls'' means the same as ``Schedule of Tolls in 
Canada.''
    (n) ``Tolls(s)'' or ``tolls and charges'' is included in the 
definition of ``fees'' in Canada.
* * * * *
    4. Section 401.3 would be amended by revising paragraph (e) to read 
as follows:


Sec. 401.3  Maximum vessel dimensions.

* * * * *
    (e) A vessel having a beam width in excess of 23.2 m, but not more 
than 23.8 m, and having dimensions that do not exceed the limits set 
out in the block diagram in appendix I of this part or overall length 
in excess of 222.5 m, but not more than 225.5 m, shall, on application 
to the Manager or Corporation, be considered for transit in accordance 
with directions issued by the Manager and Corporation.
* * * * *
    5. Section 401.10 would be amended by redesignating current 
paragraphs (a)(2), (3), and (4) as paragraphs (a)(3), (4), and (5) and 
by adding a new paragraph (a)(2) to read as follows:


Sec. 401.10  Mooring lines.

    (a) * * *
    (2) Have a diameter not greater than 28mm;
* * * * *
    6. 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 15 
mm and not more than 17 mm and a minimum length of 30 m.
* * * * *


Sec. 401.22  [Amended]

    7. Section 401.22 would be amended by removing the words ``the 
Corporation or'' the first time they appear in paragraph (a).


Sec. 401.24  [Amended]

    8. Section 401.24 would be amended by adding the parenthetical 
phrase ``(3 copies)'' after the word ``form''.

[[Page 40072]]

Sec. 401.25  [Amended]

    9. Section 401.25 would be amended by removing the words ``in 
writing'' in paragraph (a).
    10. Section 401.26 would be revised to read as follows:


Sec. 401.26  Security for tolls.

    (a) Before transit by a vessel to which the requirement of 
preclearance applies, security for the payment of tolls in accordance 
with the ``St. Lawrence Seaway Tariff of Tolls'' as well as security 
for any other charges, shall be provided by the representative by means 
of:
    (1) A deposit of money with the Manager;
    (2) A deposit of money to the credit of the Manager with a bank in 
the United States or a member of the Canadian Payments Association, a 
corporation established by section 3 of the Canadian Payments 
Association Act, or a local cooperative credit society that is a member 
of a central cooperative credit society having membership in the 
Canadian Payments Association;
    (3) A deposit with the Manager of negotiable bonds of the 
Government of the United States or the Government of Canada; or
    (4) A letter of guarantee to the Manager given by an institution 
referred to in paragraph (a)(2) of this section.
    (5) A letter of guarantee or bond given to the Manager by an 
acceptable Bonding Company. Bonding companies may be accepted if they:
    (i) Appear on the list of acceptable bonding companies as issued by 
the Treasury Board of Canada; and
    (ii) Meet financial soundness requirements as may be defined by the 
Manager at the time of the request.
    (b) The security for the tolls of a vessel shall be sufficient to 
cover the tolls established in the ``St. Lawrence Seaway Tariff of 
Tolls'' for the gross registered tonnage of the vessel, cargo carried, 
and lockage tolls as estimated by the Manager.
    (c) Where a number of vessels:
    (1) For each of which preclearance has been given;
    (2) Are owned or controlled by the same individual or company; and
    (3) Have the same representative, the security for the tolls is not 
required if the individual, company, or representative has paid every 
toll invoice received in the preceding five years within the period set 
out in Sec. 401.75(a).
    (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 may be reduced or eliminated 
provided the representative has paid every toll invoice received in the 
preceding five years within the period set out in Sec. 401.75(a). The 
representative must provide the Manager with a financial statement that 
meets the requirements established by the Manager.
    (e) Where, in the opinion of the Manager, the security provided by 
the representative is insufficient to secure the tolls and charges 
incurred or likely to be incurred by a vessel, the Manager may suspend 
the preclearance of the vessel.
    11. Section 401.28 would be amended by revising paragraphs (a) and 
(b) to read as follows:


Sec. 401.28  Speed limits.

    (a) The maximum speed over the bottom for a vessel of more than 12 
m in overall length shall be regulated so as not to adversely affect 
other vessels or shore property, and in no event shall such a vessel 
proceeding in any area between the place set out in Column I of an item 
of Schedule II to this part and a place set out in Column II of that 
item exceed the speed set out in Column III or Column IV of that item, 
whichever speed is designated by the Corporation and the Manager in a 
Seaway Notice from time to time as being appropriate to existing water 
levels.
    (b) Where the Corporation or the Manager designate any speed less 
than the maximum speeds set out in Schedule II of this part, that speed 
shall be transmitted as transit instructions referred to in 
Sec. 401.27.
* * * * *
    12. Section 401.29 would be amended by revising paragraph (b) to 
read as follows:


Sec. 401.29  Maximum draft.

* * * * *
    (b) The draft of a vessel shall not, in any case, exceed 79.2 dm or 
the maximum permissible draft designated in a Seaway Notice by the 
Corporation and the Manager for the part of the Seaway in which a 
vessel is passing.
* * * * *
    13. Section 401.33 would be revised to read as follows:


Sec. 401.33  Special instructions.

    No vessel of unusual design, vessel, or part of a vessel under tow, 
or vessel whose dimensions exceed the maximum vessel dimensions 
Sec. 401.3 shall transit the Seaway except in accordance with special 
instructions of the Corporation or the Manager given on the application 
of the representative of the vessel.


Sec. 401.37  [Amended]

    14. Section 401.37 would be amended by inserting the words ``U.S. 
Coast Guard or Canadian approved'' after the word ``wear''.


Sec. 401.52  [Amended]

    15. Section 401.52 would be amended by removing the phrase ``or at 
Bridges 20 and 21 on the Welland Canal''.


Sec. 401.54  [Amended]

    16. Section 401.54 would be amended by removing the words ``moored 
to'' in paragraph (a) and adding in their place the words ``used as 
moorings''.


Sec. 401.59  [Amended]

    17. Section 401.59 would be amended by adding the words ``by the 
vessel'' after the word ``kept'' in paragraph (c).


Sec. 401.68  [Amended]

    18. Section 401.68 would be amended by removing the word 
``Authority'' and adding in its place the words ``Management 
Corporation'' in paragraph (c).
    19. Section 401.74 would be amended by revising paragraphs (a), 
(e), (f) and (g) to read as follows:


Sec. 401.74  Transit declaration.

    (a) A Seaway Transit Declaration Form (Cargo and Passenger) shall 
be forwarded to the Manager by the representative of a vessel, for each 
vessel that has an approved preclearance except non-cargo vessels 
within fourteen days after the vessel enters the Seaway on any upbound 
or downbound transit. The form may be obtained from the Saint Lawrence 
Seaway Development Corporation, P.O. Box 520, Massena, New York 13662, 
or the St. Lawrence Seaway Management Corporation, 202 Pitt Street, 
Cornwall, Ontario K6J 3P7.
* * * * *
    (e) Where a Seaway Transit Declaration Form is found to be 
inaccurate concerning the destination, cargo or passengers, the 
representative shall immediately forward to the Manager a revised 
Declaration Form.
    (f) Seaway Transit Declaration Forms shall be used in assessing 
toll charges in accordance with the St. Lawrence Seaway Tariff of Tolls 
and toll accounts shall be forwarded in duplicate to the representative 
or its designated agent.
    (g) Where government aid cargo is declared, appropriate Canadian 
(Revenue Canada Customs and Excise form B-13) or U.S. (Shippers Export 
Declaration form 7525) customs form or a stamped and signed 
certification letter from the U.S. or Canada Customs must accompany the 
transit declaration form.

[[Page 40073]]

Sec. 401.75  [Amended]

    20. Section 401.75 would be amended by removing the phrase ``Or 
American funds, as indicated on the invoice,'' and adding in their 
place the word ``funds'' in paragraph (a).
    21. Section 401.81 would be amended by revising paragraph (a) to 
read as follows:


Sec. 401.81  Reporting an accident.

    (a) Where a vessel on the Seaway is involved in an accident, the 
master of the vessel shall report the accident to the nearest Seaway 
station immediately or as soon as the vessel can make radio contact 
with the station.
* * * * *


Sec. 401.84  [Amended]

    22. Section 401.84 would be amended by removing the number 
``401.21'' and adding in its place the number ``401.19'' in paragraph 
(c).


Secs. 401.86, 401.87, and 401.88  [Amended]

    23. In Sections 401.86, 401.87, and 401.88, remove the words ``or 
the Authority'' wherever they appear in the following places;
    a. Section 401.86(a), (b), and (c).
    b. Section 401.87(c), (d), and (d)(3).
    c. Section 401.88(a)(2) and (b).


Sec. 401.89  [Amended]

    24. Section 401.89 would be amended by removing the number 
``401.6'' and adding in its place the number ``401.5'' and removing the 
number ``401.21'' and adding in its place the number ``401.19'' in 
paragraph (a)(1).
    25. Section 401.90 would be revised to read as follows:


Sec. 401.90  Boarding for inspections.

    (a) For the purpose of enforcing these Regulations in this part in 
both Canadian and U.S. waters, an officer may board any vessel and:
    (1) Examine the vessel and its cargo; and
    (2) Determine that the vessel is adequately manned.
    (b) In addition to Sec. 401.90(a)(1) and (2) in Canadian waters, a 
Manager's officer may also:
    (1) Require any person appearing to be in charge of the vessel to 
produce for inspection, or for the purpose of making copies or 
extracts, any log book, document or paper; and
    (2) In carrying out an inspection:
    (i) Use or cause to be used any computer system or data processing 
system on the vessel to examine any data contained in, or available to, 
the system;
    (ii) Reproduce any record, or cause it to be reproduced from the 
data, in the form of a print-out or other intelligible output and 
remove the print-out or other output for examination or copying; and
    (iii) Use or cause to be used any copying equipment in the vessel 
to make copies of any books, records, electronic data or other 
documents.
    (c) In Canadian waters, the owner or person who is in possession or 
control of a vessel that is inspected, and every person who is found on 
the vessel, shall:
    (1) Give the officer all reasonable assistance to enable the 
officer to carry out the inspection and exercise any power conferred by 
the Canada Marine Act; and
    (2) Provide the officer with any information relevant to the 
administration of these practices and procedures that the officer may 
reasonable require.


Sec. 401.93  [Amended]

    26. Section 401.93 would be amended by adding the words ``or its 
successor'' after the words ``Shore Traffic Regulations'' in paragraph 
(b).


Sec. 401.94  [Amended]

    27. The heading for Sec. 401.94 would be amended by removing the 
word ``copy'' and adding in its place the word ``copies''.

Schedule III to Subpart A [Amended]

    28. Schedule III to subpart A, part 401 would be amended as 
follows:
    a. Amend item 5 by removing items 3, 4, and 5 in the third column, 
under the heading ``Message Content'', and redesignating item 6 in that 
column as item 3.
    b. Amend item 8 by removing the words ``and call sign'' from item 1 
in the third column, under the heading ``Message Content'', by removing 
items 5 and 6 in that column, and adding a new item 5 in that column to 
read as follows, ``5. All ports of call''.
    c. Amend item 19 by removing items 3, 4, 5, and 6 in the third 
column, under the heading ``Message Content'', and redesignating item 7 
in that column as item 3.
    d. Amend item 35 by removing item 3 in the third column, under the 
heading ``Message Content''.
    e. Amend item 36 by removing items 3, 4, and 5 in the third column, 
under the heading ``Message Content'', and 20 redesignating items 6 and 
7 in that column as items 3 and 4.
    f. Amend item 40 by removing items 3, 4, and 5 in the third column, 
under the heading ``Message Content''. Secs. 401.2, 401.12, 401.13, 
401.22, 401.24, 401.25, 401.31, 401.34, 401.54, 401.59, 401.66, 401.72, 
401.78, 401.91, 401.92, 401.93, 401.96, 401.97, and Schedule II to 
subpart A [Amended]

PART 401--[AMENDED]

    29. In addition to the amendments set forth above, in 33 CFR part 
401 remove the word ``Authority'' and add in its place the word 
``Manager'' in the following places:
    a. Section 401.2(d), (e), (h), (j), and (k);
    b. Section 401.12(a)(2) and (a)(4)(ii);
    c. Section 401.13(a);
    d. Section 401.22(a);
    e. Section 401.24;
    f. Section 401.25;
    g. Section 401.31(b);
    h. Section 401.34;
    i. Section 401.54(b);
    j. Section 401.59(d);
    k. Section 401.66(b);
    l. Section 401.72(e);
    m. Section 401.78(b);
    n. Section 401.91;
    o. Section 401.92;
    p. Section 401.93(a) and (b);
    q. Section 401.96(a), (b), (c), and (e);
    r. Section 401.97(a), (b)(2), and (d); and
    s. Footnote 1 to Schedule II to subpart A, ``Table of Speeds''.

    Issued at Washington, D.C. on June 20, 2000.
    Saint Lawrence Seaway Development Corporation.
Marc C. Owen,
Chief Counsel.
[FR Doc. 00-16409 Filed 6-28-00; 8:45 am]
BILLING CODE 4910-61-P