[Federal Register Volume 68, Number 118 (Thursday, June 19, 2003)]
[Rules and Regulations]
[Pages 36748-36749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15537]


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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: Final rule.

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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 amending 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: This rule is effective on July 21, 2003.

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. 
A notice of proposed rulemaking was published on May 13,2003 (68 FR 
25546). Interested parties have been afforded an opportunity to 
comment. No comments were received. The amendments are described in the 
following summary.
    Under agreement with the SLSMC, the SLSDC is amending 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 making 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'', is amended by adding a new subsection to read, 
``Every integrated tug and barge or articulated tug and barge unit 
greater than 110m in overall length which is constructed after January 
1, 2003, shall be equipped with a stern anchor.''
    In addition, the SLSDC is amending 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 during mooring and other essential 
duties also poses serious environmental and safety risks. Accordingly, 
Sec.  401.35, ``Navigation underway'', is amended 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 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 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 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 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 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 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

33 CFR Part 401

    Hazardous materials transportation, Navigation (water), Penalties, 
Radio, Reporting and recordkeeping requirements, Vessels, Waterways.

0
Accordingly, the Saint Lawrence Seaway Development Corporation is 
amending 33 CFR part 401 as follows:

PART 401--SEAWAY REGULATIONS AND RULES

Subpart A--[Amended]

0
1. The authority citation for subpart A of part 401 continues to read 
as follows:

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


0
2. Sec.  401.15 is revised to read as follows:


Sec.  401.15  Stern anchors.

    (a) Every ship of more than 110m 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 110m in overall length which is constructed after 
January 1, 2003, shall be equipped with a stern anchor.

[[Page 36749]]

    3. Sec.  401.35 is amended by: removing the word ``and'' after the 
semicolon in paragraph (a); removing the period after paragraph (b) and 
replacing it with a semicolon; and adding two new paragraphs (c) and 
(d) 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 June 16, 2003.
Albert S. Jacquez,
Administrator, Saint Lawrence Seaway Development Corporation.
[FR Doc. 03-15537 Filed 6-18-03; 8:45 am]
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