[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.
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Accordingly, the Saint Lawrence Seaway Development Corporation is
amending 33 CFR part 401 as follows:
PART 401--SEAWAY REGULATIONS AND RULES
Subpart A--[Amended]
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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.
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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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