[Federal Register Volume 68, Number 92 (Tuesday, May 13, 2003)]
[Proposed Rules]
[Pages 25546-25547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11895]


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DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 401

[Docket No. SLSDC 2003-15136]
RIN 2135-AA18


Seaway Regulations and Rules: Stern Anchors and Navigation 
Underway

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 (SLSMC) of Canada, under 
international agreement, jointly publish and presently administer the 
St. Lawrence Seaway Regulations and Rules (Practices and Procedures in 
Canada) in their respective jurisdictions. Under agreement with the 
SLSMC, the SLSDC is proposing to amend the joint regulations by making 
requirement for stern anchors applicable to large tug and barge 
combinations and by adding new requirements for manning of the 
wheelhouse for vessels underway.

DATES: Any party wishing to present views on the proposed amendments 
may file comments with the Corporation on or before June 12, 2003.

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 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: The Saint Lawrence Seaway Development 
Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation 
(SLSMC) of Canada, under international agreement, jointly publish and 
presently administer the St. Lawrence Seaway Regulations and Rules 
(Practices and Procedures in Canada) in their respective jurisdictions. 
Under agreement with the SLSMC, the SLSDC is proposing to amend the 
joint regulations by making requirement for stern anchors applicable to 
new tug and barge combinations. Some tug and barge combinations that 
transit the Seaway carry dangerous or hazardous cargo and are just as 
large, 110 meters or more in combination, as the commercial vessels to 
which the requirement now applies. Accordingly, the SLSDC is proposing 
to make the requirement that a vessel be equipped with a stern anchor 
also applicable to these large tug and barge combinations. This will 
provide increased safety through greater control. Specifically, Sec.  
401.15, ``Stern anchors'', would be amended by adding a new subsection 
to read, ``Every integrated tug and barge or articulated tug and barge 
unit greater than 110 m in overall length which is constructed after 
January 1, 2003, shall be equipped with a stern anchor.''
    In addition, the SLSDC is proposing changes to the manning 
requirements for navigation underway to ensure greater safety for all 
vessels, which includes tugs and tug and barge combinations as well. 
The rule already requires adequate manning and operation of the 
propulsion machinery. Inadequate manning of the wheelhouse and during 
mooring and other essential

[[Page 25547]]

duties also poses serious environmental and safety risks. Accordingly, 
it is proposed to amend Sec.  401.35, ``Navigation underway'', by 
adding two new subsections (c) and (d) to read as follows: ``(c) man 
the wheelhouse of the vessel at all times by either the master or 
certified deck officer and by another qualified crewmember and (d) have 
sufficient well rested crewmembers available for mooring operations and 
other essential duties.''

Regulatory Evaluation

    This proposed regulation involves a foreign affairs function of the 
United States and therefore Executive Order 12866 does not apply and 
evaluation under the Department of Transportation's Regulatory Policies 
and Procedures is not required.

Regulatory Flexibility Act Determination

    The Saint Lawrence Seaway Development Corporation certifies that 
this proposed regulation will not have a significant economic impact on 
a substantial number of small entities. The St. Lawrence Seaway 
Regulations and Rules primarily relate to 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 reg.) because it is not a major federal action significantly 
affecting the quality of human environment.

Federalism

    The Corporation has analyzed this proposed rule under the 
principles and criteria in Executive Order 13132, dated August 4, 1999, 
and has determined that this proposal does not have sufficient 
federalism implications to warrant a Federalism Assessment.

Unfunded Mandates

    The Corporation has analyzed this proposed rule under title II of 
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 109 Stat. 48) 
and determined that it does not impose unfunded mandates on State, 
local, and tribal governments and the private sector requiring a 
written statement of economic and regulatory alternatives.

Paperwork Reduction Act

    This proposed regulation 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), Penalties, 
Radio, Reporting and recordkeeping requirements, Vessels, Waterways.

    Accordingly, the Saint Lawrence Seaway Development Corporation 
proposes to amend 33 CFR part 401 as follows:

PART 401--SEAWAY REGULATIONS AND RULES

Subpart A--[Amended]

    1. The authority citation for subpart A of part 401 would continue 
to read as follows:

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

    2. Sec.  401.15 would be revised to read as follows:


Sec.  401.15  Stern anchors.

    (a) Every ship of more than 110 m in overall length, the keel of 
which is laid after January 1, 1975, shall be equipped with a stern 
anchor.
    (b) Every integrated tug and barge or articulated tug and barge 
unit greater than 110 m in overall length which is constructed after 
January 1, 2003, shall be equipped with a stern anchor.
    2. In Sec.  401.35, two new paragraphs (c) and (d) would be added 
to read as follows:


Sec.  401.35  Navigation underway.

* * * * *
    (c) Man the wheelhouse of the vessel at all times by either the 
master or certified deck officer and by another qualified crewmember; 
and
    (d) Have sufficient well rested crewmembers available for mooring 
operations and other essential duties.

    Issued at Washington, DC on May 8, 2003. Saint Lawrence Seaway 
Development Corporation.
Marc C. Owen,
Chief Counsel.
[FR Doc. 03-11895 Filed 5-12-03; 8:45 am]
BILLING CODE 4910-61-P