[Federal Register Volume 70, Number 15 (Tuesday, January 25, 2005)]
[Proposed Rules]
[Pages 3495-3501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1264]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 70, No. 15 / Tuesday, January 25, 2005 / 
Proposed Rules  

[[Page 3495]]



DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 401

[Docket No. SLSDC 2005-20085]
RIN 2135-AA20


Seaway Regulations and Rules: Periodic Update, Various Categories

AGENCY: Saint Lawrence Seaway Development Corporation, DOT.

ACTION: Notice of proposed rulemaking.

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

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 
updating the Seaway Regulations and Rules in various categories. The 
proposed changes would update the following sections of the Regulation 
and Rules: Condition of Vessels; Preclearance and Security for Tolls; 
Seaway Navigation; Dangerous Cargo; Toll Assessment and Payment; 
Information and Reports; and General. These amendments are necessary to 
take account of updated procedures and/or technology and will enhance 
the safety of transits through the Seaway.

DATES: Any party wishing to present views on the proposed amendments 
may file comments with the Corporation on or before February 24, 2005.

ADDRESSES: You may submit comments [identified by DOT DMS Docket Number 
SLSDC 2005-20085] by any of the following methods:
     Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number or Regulatory Identification Number (RIN) for this 
rulemaking. Note that all comments received will be posted without 
change to http://dms.dot.gov, including any personal information 
provided. Please see the Privacy Act heading under Regulatory Notices.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Craig H. Middlebrook, Acting Chief 
Counsel, Saint Lawrence Seaway Development Corporation, 400 Seventh 
Street, SW., Washington, DC 20590, (202) 366-0091.

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 updating the Regulations and Rules in various 
categories. The proposed changes would update the following sections of 
the Regulation and Rules: Condition of Vessels; Preclearance and 
Security for Tolls; Seaway Navigation; Dangerous Cargo; Toll Assessment 
and Payment; Information and Reports; and General. These updates are 
necessary to take account of updated procedures and/or technology, 
which will enhance the safety of transits through the Seaway.
    Under agreement with the SLSMC, the SLSDC is proposing to make 
several amendments to the joint regulations pertaining to various 
sections of the regulations. Many of these proposed changes are to 
clarify existing requirements in the regulations. Where new 
requirements or regulations are being proposed, an explanation for such 
a change is provided below.

Regulatory Notices

    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.
    The SLSDC is proposing to make several amendments to the joint 
regulations pertaining to the Condition of Vessels. Among the proposed 
changes include new requirements for certain types of vessels. For 
example, the SLSDC is proposing to add a new subsection to Sec.  401.3, 
``Maximum vessel dimensions'', that would notify ships with a beam 
greater than 23.20 m that they may be subject to transit restrictions 
and/or delays during periods of ice cover. Larger beamed vessels often 
require special handling through the locks under ice conditions and 
this amendment will adequately notify such vessels that they may be 
subject to special restrictions or delays as a result of these special 
precautions.
    Under Sec.  401.4, ``Maximum length and weight'', the SLSDC is 
proposing additional language that would clarify that a transit would 
be through the Seaway Locks. Also, under Sec.  401.6, ``Markings'', the 
SLSDC is proposing to add additional language that clarifies the type 
of marking needed for vessels with a bulbous bow that extends forward 
beyond its stem head.
    The SLSDC is also proposing to amend Sec.  401.7, ``Fenders'', to 
require that permanent fenders be installed on vessels where any 
structural part of a ship protrudes so as to endanger Seaway 
installations. From the SLSDC's experience, permanent fenders provide

[[Page 3496]]

greater protection than portable fenders and this proposed amendment 
would enhance the safety of lock transits. The SLSDC is also proposing 
an amendment to Sec.  401.7 that would allow for a one-transit use of a 
portable fender, pursuant to special approval. The SLSDC recognizes 
that certain vessels may only need to transit the Seaway once and that 
requiring them to install permanent fenders may be burdensome. Also, 
the SLSDC proposes to add a new subsection to Sec.  401.7 that would 
allow ships of unusual design to use temporary or permanent fenders not 
greater than 30 cm in thickness, subject to special approval. Through 
this new subsection, the SLSDC recognizes that for certain vessels that 
may need to transit the locks infrequently, or only once, the 
requirement for permanent fenders may be burdensome.
    Under Sec.  401.8, ``Landing Booms'', the SLSDC is proposing to add 
a new subsection that would require that a ship's crew shall be 
adequately trained in the use of landing booms. For ships of more than 
50m in overall length transiting the Seaway, they are to be equipped 
with landing booms, and it is essential for safety that their crews be 
trained in the proper use of this equipment. The SLSDC is also 
proposing adding a new subsection that would require vessels not 
equipped with landing booms to use the Seaway's tie-up service. The 
SLSDC recognizes that some vessels may not be equipped with landing 
booms and it provides this service for such vessels. Requiring them to 
use this service will help ensure that ships transit the Seaway safely.
    The SLSDC is proposing to amend Sec.  401.9, ``Radiotelephone 
equipment'', to clarify that VHF (very high frequency) transmission 
positions are designated by channel numbers instead of by MHz 
(megahertz) frequencies.
    Under Sec.  401.10, ``Mooring lines'', the SLSDC is proposing to 
add language that provides greater specificity on the type of mooring 
lines already required. Also, the SLSDC is proposing to add a 
requirement that will require that such lines be certified and that a 
test certificate shall be available on board for inspection for each 
mooring line. Moreover, the SLSDC proposes adding a new subsection that 
would not permit the use of nylon lines. Mooring lines are a vital 
equipment component used in the transit of vessels through a lock. The 
SLSDC believes that adding these requirements will help ensure the 
integrity and safety of these lines. In addition, the SLSDC has updated 
the table under this section to note the necessary breaking strengths 
for various mooring lines in terms of Metric Tons (M/T) instead of 
kiloNewtons (kN). This proposed change will simply adopt the currently 
accepted unit of measurement for breaking strength.
    The SLSDC is proposing to amend Sec.  401.11, ``Fairleads'', to 
require that mooring lines and synthetic hawsers, where permitted, 
shall pass through not more than three inboard rollers that are fixed 
in place and equipped with horns to ensure that lines will not slip off 
when slackened. The SLSDC believes such a change is necessary to 
increase the safe handling of mooring lines.
    Under Sec.  401.12, ``Minimum requirements--mooring lines and 
fairleads'', the SLSDC is proposing to amend the mooring line and 
fairlead requirements for various ship sizes. The first category of 
ship size would be for vessels of 80 meters or less instead of 40 
meters; the next category would be for ships of more than 80 meters but 
not more than 100 meters, instead of between 40 and 60 meters; the next 
category would now be for vessels between 100 meters and 120 meters; 
and the final category would be for ships of more than 120 meters in 
length. For each of these categories, additional requirements are being 
proposed that will increase the safe handling of vessels through the 
locks. The table under this section would also be amended to reflect 
the changes being proposed.
    The SLSDC is proposing to amend Sec.  401.13, ``Hand lines'', by 
adding language that requires that the ends of hand lines shall be back 
spliced or tapered and not be weighted or have knotted ends. These 
changes will greatly increase the likelihood that the Seaway's line 
handlers will be able to work safely with a ship's hand lines and not 
be injured in the process of tying up a vessel.
    Under Sec.  401.14, ``Anchor marking buoys'', the SLSDC is 
proposing to amend this section to give ship owners more flexibility in 
making their anchor marking buoys highly visible. The current section 
requires that anchor buoys must be orange.
    For Sec.  401.16, ``Propeller direction alarms'', and Sec.  401.17, 
``Pitch indicators and alarms'', the SLSDC is proposing to amend these 
sections by also making them applicable to integrated tug and barge or 
articulated tug and barge units of combined 1,600 gross registered tons 
or more. This proposed change reflects the reality that tug and barge 
units of this size now use the Seaway with greater frequency. Requiring 
that such units possess this equipment will ensure their safe operation 
through the Seaway.
    Under Sec.  401.19, ``Disposal and discharge systems'', the SLSDC 
is proposing to add language that clarifies which pertinent laws and 
regulations are Canadian and which are U.S. In addition, the SLSDC is 
proposing to add a requirement that would prohibit the burning of 
shipboard garbage in certain areas of the Seaway.
    The SLSDC is proposing to amend Sec.  401.20, ``Automatic 
Identification System'', to add a provision that would require that the 
Minimum Keyboard Display (MKD) shall be located as close as possible to 
the primary conning position as possible and be visible. The Seaway has 
been using the Automatic Identification System as part of its Traffic 
Management System since 2002, and based on this experience, it has been 
determined that the MKD must be located close to the primary conning 
position and be visible to be most effective in ensuring the safe 
navigation of the vessel.
    The SLSDC is proposing to make several amendments to the joint 
regulations regarding the Preclearance and Security for Tolls. Among 
the proposed amendments include proposed changes to Sec.  401.22, 
``Preclearance of vessels'', that would change the minimum size of a 
pleasure craft not needing to apply for Preclearance from 317.5 tonnes 
to 300 gross registered tonnes (GRT) and would change the minimum size 
from 317.5 tonnes to 300 gross registered tonnage under which a non-
commercial ship cannot apply for Preclearance and must transit as a 
pleasure craft. These slight increases in the minimum ship size are 
needed to bring these criteria in line with Great Lakes Pilotage 
Authority requirements (300 GRT).
    Under Sec.  401.24, ``Application for Preclearance'', the SLSDC is 
proposing to amend the section by allowing ship representatives to 
obtain an application directly from the SLSDC and SLSMC joint Web site 
(www.greatlakes-seaway.com). Allowing users to download the 
Preclearance applications will make it easier for Seaway users to 
obtain these documents.
    Under the SLSDC's regulations pertaining to Seaway Navigation, the 
SLSDC is proposing several amendments. For example, under Sec.  401.30, 
``Ballast water and trim'', the SLSDC is proposing to add a requirement 
that no ship shall be accepted for transit whose trim by the stern 
exceeds 45.7 dm (decimeters), except under certain circumstances. This 
change would limit the length of a vessel permitted to transit the 
Seaway in terms of its trim by the stern. The upper limit permitted 
would be 45.7 dm,

[[Page 3497]]

beyond which a ship's trim could potentially interfere with the proper 
functioning of the lock. This specificity regarding trim has been added 
to the regulations to provide greater clarity to users to facilitate 
their planned transit through the Seaway. The proposal would still 
allow for vessels exceeding this limit to transit under exceptional 
circumstances.
    Under Sec.  401.34, ``Vessels in tow'', language is being proposed 
that would make it clear that non-self-propelled vessels, i.e. vessels 
in tow, are required to be securely tied to an adequate tug or tugs. 
The number of non-self-propelled vessels, such as those used in 
integrated tug/barges, transiting the Seaway is increasing. This change 
to the existing language of Sec.  401.34 will ensure that such vessels 
are safely secured to their power units and thereby enhance overall 
Seaway safety.
    To enhance the safety of the navigation of vessels in certain areas 
of the Seaway, a requirement is being added to Sec.  401.35, 
``Navigation underway'', to have a helmsman present in the wheelhouse 
of the ship in addition to either the master or certified deck officer. 
Having two qualified personnel in the wheelhouse will enhance the 
ability of the vessel to transit without incident in those areas of the 
Seaway where navigation is more difficult.
    Under Sec.  401.37 ``Mooring at tie-up walls'', the proposal would 
delete the requirement that only Canadian or U.S. Coast Guard approved 
life jackets are permissible. This requirement is being deleted because 
not only these two countries have approval requirements for their 
lifejackets.
    Under Sec.  401.39, ``Preparing mooring lines for passing 
through'', language is being proposed that would make it clear that 
winches must be capable of paying out at a minimum speed of 46 m 
(meters) per minute. The current language allows for winches paying out 
at a lower rate to be used as long as sufficient lengths of mooring 
lines are drawn off the winch drums and laid out on the deck. Such a 
procedure is no longer deemed optimally safe and requiring all winches 
to have this minimum pay out speed will maximize ship and line handling 
safety.
    Sec.  401.42, ``Passing hand lines'', paragraph (b), which 
prohibits the use of knotted or weighted hand lines in a lock chamber, 
is being deleted. Listing this prohibition here is redundant, as it 
would now be listed earlier in Sec.  401.13(c).
    To aid those leaving or boarding a vessel, a requirement under 
Sec.  401.57, ``Disembarking or boarding'', is being proposed that 
would require a member of the crew to assist persons disembarking or 
boarding vessels. Having a crew member assist in such instances greatly 
reduces the risk of injury.
    Under Sec.  401.58, ``Pleasure craft scheduling'', an additional 
requirement is being added that would have every pleasure craft 
planning to transit to arrange for the transit by contacting the lock 
personnel using the direct-line phone at a pleasure craft dock and to 
make the lockage fee payment by purchasing a ticket using the automated 
ticket dispensers located at pleasure craft docks. This proposed new 
requirement will aid in the scheduling of pleasure craft transits and 
simplify the collection of fees.
    The SLSDC is proposing to make several amendments to the joint 
regulations pertaining to Dangerous Cargo. Among the proposed changes 
include a change to Sec.  401.68, ``Explosives permit'', to require a 
permit for all ships carrying any quantity of explosives with a mass 
explosive risk, up to a maximum of 2 tonnes, under IMO Class 1, 
Division 1.1 and 1.5.
    Under Sec.  401.72, ``Reporting--explosive and hazardous cargo 
vessels'', additional reporting requirements for ships carrying grain 
would be added. Specifically, every ship carrying grain that is under 
fumigation must declare to the nearest traffic control center the 
nature of the fumigant as well as which cargo holds are affected. Also, 
all ships carrying grain under fumigation would be required to file, 
prior to transiting, with the SLSMC a copy of its current load plan. 
These proposed changes will increase the ability of the Seaway to 
transit ships carrying grain safely.
    Also under Sec.  401.72, a proposed change would make it clear that 
the load plan should include the approximate total weight in metric 
tonnes or total volume in cubic meters. This added information will 
help ensure that the correct information is provided.
    An additional requirement is being proposed to Sec.  401.72 to 
require tankers in ballast to report the previous cargo of each cargo 
hold on a model of the current load plan for loaded vessels. Such 
information will assist the Seaway in ensuring the safe transit of such 
vessels through the waterway. Moreover, also, under the proposed 
changes to this section, a midships cross-section showing the double 
bottom tanks and ballast side tanks for tankers would be required.
    Under Sec.  401.72, the Seaway will now distribute a ship's load 
plan to all other Seaway Traffic Control Centers, and if any changes in 
stowage are made to the plan, including loading and discharging during 
a transit, the ship must submit an updated plan before departing from 
any port in the Seaway. Having current information of this type and 
ensuring that it is disseminated to all Vessel Traffic Control Centers 
will enhance the Seaway's ability to handle such ships safely in all 
sectors of the waterway.
    Finally under Sec.  401.72, a new subsection would be added to put 
users on notice that failure to comply with these requirements may 
result in unnecessary delays or transit refusal.
    Under the SLSDC's regulations pertaining to Toll Assessment and 
Payment, the SLSDC is proposing several amendments. For example, under 
Sec.  401.74, ``Transit declaration'', a proposed change would make the 
Seaway Transit Declaration Form available only through the SLSMC's 
Cornwall office, and not the SLSDC's Massena office. The SLSMC is 
already the entity that receives these forms, and thus limiting the 
source of this form to the SLSMC's location in Cornwall will facilitate 
the Seaway's ability to keep these forms current and to collect them 
efficiently.
    In Sec.  401.75, ``Payment of tolls'', additional language is being 
proposed that would require pleasure craft to transit each Canadian 
lock with prepaid tickets purchased in Canadian funds using automated 
credit card ticket dispensers located at pleasure craft docks. The use 
of these new dispensers will aid in the efficient transiting of 
pleasure craft by eliminating the need to collect fees in hard 
currency. At U.S. locks, the fee is paid in U.S. funds or the pre-
established equivalent in Canadian funds.
    The SLSDC is proposing to make several amendments to the joint 
regulations pertaining to Information and Reports. This includes a 
proposed change to Sec.  401.79, ``Advance notice of arrival, vessels 
requiring inspection'', the requirement for advance notice of arrival 
is being increased from 24 hours prior to all transits to 96 hours. 
This change is needed to comply with recent changes to the Canadian and 
U.S. laws requiring such notice.
    A recommended change to Sec.  401.81, ``Reporting an accident'', 
would add language that all ships involved in an accident or a 
dangerous occurrence, must report the incident prior to departing the 
Seaway system. This language should remove any ambiguity about when 
such reporting is required.
    Under the SLSDC's regulations pertaining to General matters, the 
SLSDC is proposing several amendments. Under Sec.  401.93, ``Access to 
Seaway property'', the reference to

[[Page 3498]]

``Shore Traffic Regulations'' is replaced with ``Seaway Property 
Regulations'' to reflect the correct name of the document.
    In Sec.  401.94, ``Keeping copies of regulations'', an additional 
requirement is being proposed that would require ships transiting the 
Seaway to store permanently a duplicate set of the ship's Fire Control 
Plans in a prominently marked and weather-tight enclosure outside the 
deckhouse. Storing this document in this way will assist emergency 
response personnel who may be called on board to respond to a fire.
    Under Sec.  401.95, ``Compliance with regulations'', an additional 
requirement has been added that would require the master or owner of a 
ship to ensure that all requirements of the Joint Practices and 
Procedures as well as Seaway Notices applicable to that ship are 
complied with. Adding Seaway Notices clarifies the responsibilities of 
the master and ship owner.

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

    I certify 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 the 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, Seaway Regulations and Rules, as 
follows:

PART 401--SEAWAY REGULATIONS AND RULES

Subpart A--Regulations

    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. In Sec.  401.3, a new paragraph (f) would be added to read as 
follows:


Sec.  401.3  Maximum vessel dimensions.

* * * * *
    (f) Vessels with beams greater than 23.20 m may be subject to 
transit restrictions and/or delays during periods of ice cover.
    3. Section 401.4 would be revised to read as follows:


Sec.  401.4  Maximum length and weight.

    No vessel of less than 6 m in overall length or 900 kg in weight 
shall transit through Seaway Locks.
    4. In Sec.  401.6, paragraph (c) would be revised to read as 
follows:


Sec.  401.6  Markings.

* * * * *
    (c) Where a vessel's bulbous bow extends forward beyond her stem 
head, a symbol of a bulbous bow shall be marked above the vessel's 
summer load line draught mark in addition to a + symbol followed by a 
number indicating the total length in meters by which the bulbous bow 
projects beyond the stem.
    5. In Sec.  401.7, paragraphs (a) introductory text and (a)(2) 
introductory text would be revised, and paragraphs (b) and (c) would be 
added 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 
permanent fenders--
* * * * *
    (2) On special application, portable fenders, other than rope 
hawsers, may be allowed for a single transit if the portable fenders 
are--
* * * * *
    (b) Tires shall not be used as fenders.
    (c) On special application, ships of unusual design may be 
permitted to utilize temporary or permanent fenders not greater than 30 
cm in thickness.
    6. Section 401.8 would be revised to read as follows:


Sec.  401.8  Landing booms.

    (a) Vessels of more than 50 m in overall length shall be equipped 
with at least one adequate landing boom on each side.
    (b) Vessels' crews shall be adequately trained in the use of 
landing booms.
    (c) Vessels not equipped with landing booms must use the Seaway's 
tie-up service at approach walls.
    7. In Sec.  401.9, paragraph (b)(2) would be revised to read as 
follows:


Sec.  401.9  Radiotelephone Equipment.

* * * * *
    (b) * * *
    (2) Be fitted to operate from the conning position in the 
wheelhouse and to communicate on channels 11, 12, 13, 14, 17 and 66a.
    8. In Sec.  401.10, paragraph (a)(3) and the table at the end of 
the section would be revised, and paragraphs (a)(6) and (d) would be 
added to read as follows:


Sec.  401.10  Mooring lines.

* * * * *
    (a) * * *
    (3) Be fitted with a hand spliced eye or Flemish type mechanical 
spliced eye not less than 2.4 m long;
* * * * *
    (6) Be certified and a test certificate for each mooring line shall 
be available on board for inspection.
* * * * *
    (d) Notwithstanding paragraphs (a) through (c) of this section, 
nylon line is not permitted.

[[Page 3499]]



                                  Table
------------------------------------------------------------------------
                                              Length of
         Overall length of vessels             mooring       Breaking
                                              lines (m)   strength (M/T)
------------------------------------------------------------------------
40 m or more but not more than 60 m........          110              10
More than 60 m but not more than 90 m......          110              15
More than 90 m but not more than 120 m.....          110              20
More than 120 m but not more than 180 m....          110              28
More than 180 m but not more than 222.5 m..          110              35
------------------------------------------------------------------------

    9. In Sec.  401.11, the introductory text and paragraph (b) would 
be revised to read as follows:


Sec.  401.11  Fairleads.

    Mooring lines, and synthetic hawsers where permitted, shall:
* * * * *
    (b) Pass through not more than three inboard rollers that are fixed 
in place and equipped with horns to ensure that liens will not slip off 
when slackened and provided with free-running sheaves or rollers; and
* * * * *
    10. In Sec.  401.12, paragraphs (a)(1), (a)(2), (a)(3), (a)(4) 
introductory text, (a)(4)(i), (b), and the table at the end of the 
section would be revised to read as follows:


Sec.  401.12  Minimum requirements--mooring lines and fairleads.

* * * * *
    (1) Vessels of 80 m or less in overall length shall have at least 
three synthetic hawsers, two of which shall be independently power 
operated and one of which shall be hand held:
    (i) One synthetic hawser shall lead forward from the break of the 
bow and one synthetic hawser shall lead astern from the quarter and be 
independently power operated by winches, capstans or windlasses and 
lead through closed chocks or fairleads acceptable to the Manager and 
the Corporation; and
    (ii) One synthetic hawser shall be hand held and lead astern from 
the break of the bow through closed chocks to suitable mooring bitts on 
deck.
    (2) Vessels of more than 80 m but not more than 100 m in overall 
length shall have four synthetic hawsers, of which three shall be 
independently power operated by winches, capstans or windlasses and one 
being hand held. All lines shall be led through closed chocks or 
fairleads acceptable to the Manager and the Corporation, of which three 
mooring lines:
    (i) One shall lead forward and one shall lead astern from the break 
of the bow and one lead astern from the quarter and all three lines 
shall be independently power operated; and
    (ii) One shall lead forward from the quarter and be hand held;
    (3) Vessels of more than 100 m but not more than 120 m in overall 
length shall have four mooring lines or synthetic hawsers independently 
power operated by winches, capstan or windlasses as follows:
    (i) One mooring line shall lead forward and one mooring line shall 
lead astern from the break of the bow and shall be independently power 
operated by the main drums of adequate power operated winches, and
    (ii) One synthetic hawser shall lead forward and one synthetic 
hawser shall lead astern from the quarter and shall be independently 
power operated by either winches, capstan or windlasses;
    (4) Vessels of more than 120 m in overall length shall have four 
mooring lines, two of which shall lead from the break of the bow and 
two of which shall lead from the quarter, and
    (i) All shall be independently power operated by the main drums of 
adequate power operated winches and not by capstans or windlasses; and
* * * * *
    (b) The following table sets out the requirements for the location 
of fairleads for ships of 80 m or more in overall length:

                                  Table
------------------------------------------------------------------------
                                  For mooring lines    For mooring lines
    Overall length  of ships         Nos. 1 and 2        Nos. 3 and 4
------------------------------------------------------------------------
80 m or more but not more than   Between 12 m & 30 m  Between 15 m & 35
 120 m.                           from the stem.       from the stern.
More than 120 m but not more     Between 12 m & 35 m  Between 15 m & 40
 than 150 m.                      from the stem.       from the stern.
More than 150 m but not more     Between 15 m & 40 m  Between 20 m & 45
 than 180 m.                      from the stem.       from the stern.
More than 180 m but not more     Between 20 m & 50 m  Between 20 m & 50
 than 222.5 m.                    from the stem.       from the stern.
------------------------------------------------------------------------

    11. Section 401.13 would be revised to read as follows:


Sec.  401.13  Hand lines.

    Hand lines shall:
    (a) Be made of material acceptable to the Manager and the 
Corporation;
    (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 30m. The ends of the 
lines shall be back spliced or tapered; and
    (c) Not be weighted or have knotted ends.
    12. Section 401.14 would be revised to read as follows:


Sec.  401.14  Anchor marking buoys.

    A highly visible anchor marking buoy of a type approved by the 
Manager and the Corporation, fitted with 22 m of suitable line, shall 
be secured directly to each anchor so that the buoy will mark the 
location of the anchor when the anchor is dropped.
    13. In Sec.  401.16, the introductory text would be revised to read 
as follows:


Sec.  401.16  Propeller direction alarms.

    Every vessel of 1600 gross registered tons or integrated tug and 
barge or articulated tug and barge unit of combined 1600 gross 
registered tons or more shall be equipped with--
* * * * *
    14. In Sec.  401.17, the introductory text would be revised to read 
as follows:


Sec.  401.17  Pitch indicators and alarms.

    Every vessel of 1600 gross registered tons or integrated tug and 
barge or articulated tug and barge unit of

[[Page 3500]]

combined 1600 gross registered tons or more equipped with a variable 
pitch propeller shall be equipped with--
* * * * *
    15. In Sec.  401.19, paragraphs (a) and (b)(2) would be revised, 
and paragraph (d) would be added to read as follows:


Sec.  401.19  Disposal and discharge systems.

    (a) Every vessel not equipped with containers for ordure shall be 
equipped with a sewage disposal system enabling compliance with the 
Canadian Garbage Pollution Prevention Regulations, the Canadian Great 
Lakes Sewage Pollution Prevention Regulations, the U.S. Clean Water 
Act, and the U.S. River and Harbor Act, and amendments thereto.
* * * * *
    (b) * * *
    (2) Retained on board in covered, leak-proof containers, until such 
time as it can be disposed of in accordance with the provisions of the 
Canadian Garbage Pollution Prevention Regulations, the Canadian Great 
Lakes Sewage Pollution Prevention Regulations, the U.S. Clean Water 
Act, and the U.S. River and Harbor Act, and amendments thereto.
* * * * *
    (d) Burning of shipboard garbage is prohibited between CIP 2 & 
Cardinal and between CIP 15 and CIP 16.
    16. In Sec.  401.20, paragraphs (b)(5) through (b)(7) would be 
redesignated as paragraphs (b)(6) through (b)(8), and a new paragraph 
(b)(5) would be added to read as follows:


Sec.  401.20  Automatic Identification System.

* * * * *
    (5) The Minimum Keyboard Display (MKD) shall be located as close as 
possible to the primary conning position and be visible;
* * * * *
    17. In Sec.  401.22, paragraphs (a) and (c) would be revised to 
read as follows:


Sec.  401.22  Preclearance of vessels.

    (a) No vessel, other than a pleasure craft 300 gross registered 
tonnage or less, shall transit until an application for preclearance 
has been made, pursuant to Sec.  401.24 of this part, to the Manager by 
the vessel's representative and the application has been approved by 
the Corporation or the Manager pursuant to Sec.  401.25 of this part.
* * * * *
    (c) A non-commercial vessel of 300 gross registered tonnage or less 
cannot apply for preclearance status and must transit as a pleasure 
craft.
    18. Section 401.24 would be revised to read as follows:


Sec.  401.24  Application for preclearance.

    The representative of a vessel may, on a preclearance form (3 
copies) obtained from the Manager, Cornwall, Ontario, or downloaded 
from the St. Lawrence Seaway Web site (www.greatlakes-seaway.com), 
apply for preclearance, giving particulars of the ownership, liability 
insurance and physical characteristics of the vessel and guaranteeing 
payment of the fees that may be incurred by the vessel.
    19. In Sec.  401.30, paragraphs (c) and (d) would be redesignated 
as paragraphs (d) and (e), newly designated paragraphs (e) introductory 
text and (e)(2) would be revised, and a new paragraph (c) would be 
added to read as follows:


Sec.  401.30  Ballast water and trim.

* * * * *
    (c) No vessel, other than under exceptional circumstances and with 
special permission, shall be accepted for transit whose trim by the 
stern exceeds 45.7 dm.
* * * * *
    (e) To obtain clearance to transit the Seaway:
* * * * *
    (2) Every other vessel entering the Seaway that operates within the 
Great Lakes and the Seaway must agree to comply with the ``Voluntary 
Management Practices to Reduce the Transfer of Aquatic Nuisance Species 
Within the Great Lakes by U.S. and Canadian Domestic Shipping'' of the 
Lake Carriers Association and Canadian Shipowners Association dated 
January 26, 2001, while operating anywhere within the Great Lakes and 
the Seaway. A copy of the ``Code of the Best Practices for Ballast 
Water Management'' and of the ``Voluntary Management Practices to 
Reduce the Transfer of Aquatic Nuisance Species Within the Great Lakes 
by U.S. and Canadian Domestic Shipping'' can be found under 
``Navigation'', Notice 6, 2002, on www.greatlakes-seaway.com.
    20. Section 401.34 would be revised to read as follows:


Sec.  401.34  Vessels in tow.

    No vessel that is not self-propelled (including but not limited to 
tug/tows and/or deadship/tows) shall be underway in any Seaway waters 
unless it is securely tied to an adequate tug or tugs, in accordance 
with special instructions given by the Manager or the Corporation 
pursuant to Sec.  401.33.
    21. In Sec.  401.35, paragraph (c) would be revised 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 a helmsman, and;
* * * * *
    22. In Sec.  401.37, paragraph (b) would be revised to read as 
follows:


Sec.  401.37  Mooring at tie-up walls.

* * * * *
    (b) Crew members being put ashore on landing booms and handling 
mooring lines on tie-up walls shall wear approved life jackets.
    23. In Sec.  401.39, the introductory text and paragraph (a) would 
be revised to read as follows:


Sec.  401.39  Preparing mooring lines for passing through.

    Before a vessel enters a lock:
    (a) Winches shall be capable of paying out at a minimum speed of 46 
m per minute; and
* * * * *
    24. In Sec.  401.42, paragraph (a)(4) would be revised, paragraph 
(b) would be removed, and paragraph (c) would be redesignated as 
paragraph (b) to read as follows:


Sec.  401.42  Passing hand lines.

    (a) * * *
    (4) Upbound vessels of overall length in excess of 218 m in Locks 4 
and 5, Welland Canal, shall secure the hand lien to the eye of the No. 
1 mooring wire by means of a bowline.
* * * * *
    25. Section 401.57 would be amended by adding a new paragraph (c) 
to read as follows:


Sec.  401.57  Disembarking or boarding.

* * * * *
    (c) Persons disembarking or boarding shall be assisted by a member 
of the vessel's crew.
    26. Section 401.58 would be revised to read as follows:


Sec.  401.58  Pleasure craft scheduling.

    (a) The transit of pleasure craft shall be scheduled by the vessel 
traffic controller or the officer in charge of a lock and may be 
delayed so as to avoid interference with other vessels; and
    (b) Every pleasure craft seeking to transit shall stop at a 
pleasure craft dock and arrange for transit by contacting the lock 
personnel using the direct-line phone and make the lockage fee payment 
by purchasing a ticket using the automated ticket dispensers.
    27. In Sec.  401.68, paragraphs (a)(1) and (a)(4) would be revised 
to read as follows:


Sec.  401.68  Explosives permit.

    (a) * * *

[[Page 3501]]

    (1) For all vessels carrying any quantity of explosives with a mass 
explosive risk, up to a maximum of 2 tonnes (IMO Class 1, Division 1.1 
and 1.5);
* * * * *
    (4) For all vessels carrying more than 100 tonnes and up to a 
maximum of 500 tonnes of safety explosives and shop goods (IMO Class 1, 
Divisions 1.4).
* * * * *
    28. In Sec.  401.72, paragraphs (a), (e) introductory text, (e)(2), 
(f), and (h) would be revised, and paragraphs (e)(6) and (i) would be 
added to read as follows:


Sec.  401.72  Reporting--explosive and hazardous cargo vessels.

    (a) Every explosive vessel or hazardous cargo vessel shall, when 
reporting information related to cargo as required by Sec.  401.64(a), 
report the nature and tonnage of its explosive or hazardous cargo where 
applicable. Every vessel carrying grain which is under fumigation shall 
declare to the nearest traffic control center the nature of the 
fumigant, its properties and cargo holds affected.
* * * * *
    (e) Every vessel carrying dangerous cargo, as defined in Sec.  
401.66, and all tankers carrying liquid cargo in bulk, and all vessels 
carrying grain under fumigation shall, prior to transiting any part of 
the Seaway, file with the Manager a copy of the current load plan that 
includes the following information:
* * * * *
    (2) The approximate total weight in metric tonnes or total volume 
in cubic meters and the stowage location of each commodity;
* * * * *
    (6) Tankers in ballast shall report the previous cargo of each 
cargo hold on a plan as described in this paragraph (e).
    (f) For tankers, the information required under this section shall 
be detailed on a plan showing the general layout of the tanks, and a 
midships cross-section showing the double bottom tanks and ballast side 
tanks.
* * * * *
    (h) Every vessel shall submit its load plan to the nearest Seaway 
Traffic Control Center from which it will be distributed to all other 
Seaway Traffic Control Centers. Any changes in stowage, including 
loading and discharging during a transit, the ship shall submit an 
updated plan before departing from any port between St. Lambert and 
Long Point.
    (i) Failure to comply with the requirements in this section may 
result in unnecessary delays or transit refusal.
    29. In Sec.  401.74, paragraph (a) would be revised 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 ship, for each 
ship that has an approved preclearance except non-cargo ships, within 
fourteen days after the vessel enters the Seaway on any upbound or 
downbound transit. The form may be obtained from The St. Lawrence 
Seaway Management Corporation, 202 Pitt Street, Cornwall, Ontario, K6J 
3P7.
* * * * *
    30. In Sec.  401.75, paragraph (b) would be revised to read as 
follows:


Sec.  401.75  Payment of tolls.

* * * * *
    (b) Tolls, established by agreement between Canada and the United 
States, and known as the St. Lawrence Seaway Schedule of Tolls, shall 
be paid by pleasure crafts with prepaid tickets purchased in Canadian 
funds using credit card ticket dispensers located at pleasure craft 
docks. At U.S. locks, the fee is paid in U.S. funds or the pre-
established equivalent in Canadian funds.
    31. Section 401.79 would be revised to read as follows:


Sec.  401.79  Advance notice of arrival, vessels requiring inspection.

    Every vessel shall provide at least 96 hours notice of arrival to 
the nearest Seaway station prior to all transits or in case 
reinspection of the ship is required.
    32. In Sec.  401.81, paragraph (a) would be revised to read as 
follows:


Sec.  401.81  Reporting an accident.

    (a) Where a vessel on the Seaway is involved in an accident or a 
dangerous occurrence, the master of the vessel shall report the 
accident or occurrence, pursuant to the requirements of the 
Transportation Safety Board Regulations, to the nearest Seaway or 
Canadian or U.S. Coast Guard radio or traffic stations, as soon as 
possible and prior to departing the Seaway system.
* * * * *
    33. In Sec.  401.93, paragraph (b) would be revised to read as 
follows:


Sec.  401.93  Access to Seaway property.

* * * * *
    (b) Except as authorized by an officer or by the Seaway Property 
Regulations or its successors, no person shall enter upon any land or 
structure of the Manager or the Corporation or swim in any Seaway canal 
or lock area.
    34. Section 401.94 would be revised to read as follows:


Sec.  401.94  Keeping copies of regulations.

    (a) A copy of these Regulations (subpart A of Part 401), a copy the 
vessel's latest Ship Inspection Report, and Seaway Notices for the 
current navigation year shall be kept on board every vessel in transit.
    (b) Onboard every vessel transiting the Seaway a duplicated set of 
the Ship's Fire Control Plans shall be permanently stored in a 
prominently marked weather-tight enclosure outside the deckhouse for 
the assistance of shore-side fire-fighting personnel.
    35. Section 401.95 would be revised to read as follows:


Sec.  401.95  Compliance with regulations.

    The master or owner of a vessel shall ensure that all requirements 
of these Regulations and Seaway Notices applicable to that vessel are 
complied with.

    Issued at Washington, DC, on January 18, 2005.

    Saint Lawrence Seaway Development Corporation.
Albert S. Jacquez,
Administrator.
[FR Doc. 05-1264 Filed 1-24-05; 8:45 am]
BILLING CODE 4910-61-P