[Federal Register Volume 70, Number 51 (Thursday, March 17, 2005)]
[Rules and Regulations]
[Pages 12967-12973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5268]


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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: 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 updating the 
Seaway Regulations and Rules in various categories. The changes will 
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: This rule is effective on April 18, 2005.

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. 
A Notice of Proposed Rulemaking was published on January 25, 2005 (70 
FR 3495). In that notice, the SLSDC proposed changes that 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. Many of these changes are to clarify existing requirements 
in the regulations. Where new requirements or regulations are being 
adopted, an explanation for such a change is provided below. Interested 
parties have been afforded an opportunity to comment. One comment was 
received seeking clarification of two of the proposed amendments. No 
comments in opposition were received.
    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 amending 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 
adding a new subsection to Sec.  401.3, ``Maximum vessel dimensions'', 
to 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 
adding language that would clarify that a transit would be through the 
Seaway Locks. Also, under Sec.  401.6, ``Markings'', the SLSDC is 
adding 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 amending 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 greater protection than 
portable fenders and this amendment would enhance the safety of lock 
transits.
    The SLSDC is also amending Sec.  401.7 to 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 is adding 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 adding 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 50 m 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 adding a 
new subsection requiring 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 one comment we received regarding the changes to this section 
sought clarification of the term ``adequately trained'' as it relates 
to the use of landing booms. The commenter stated that clarifying this 
term would allow it and other shipowners to understand the Seaway's 
intent in implementing this requirement, which would assist them in 
complying with the provision. In response to this comment, we note that 
if a vessel is equipped with landing booms, the booms will be inspected 
as part of the regular Seaway Inspection, just as any other piece of 
deck equipment is subject to inspection. Shipowners are responsible for 
ensuring that their crews

[[Page 12968]]

know how to use safely any piece of deck equipment, including landing 
booms. Seaway inspectors may, under certain conditions, ask for a 
demonstration in the proper use of the landing booms. The vessel's 
Master will be asked by Seaway inspectors if the crew is competent in 
the use of the landing booms.
    The SLSDC is amending 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 adding language 
that provides greater specificity on the type of mooring lines already 
required. Also, the SLSDC is adding a requirement that such lines be 
certified and that a test certificate shall be available on board for 
inspection for each mooring line. Moreover, the SLSDC is 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 change will simply adopt the 
currently accepted unit of measurement for breaking strength.
    The SLSDC is amending 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 amending 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 added 
that will increase the safe handling of vessels through the locks. The 
table under this section is also amended to reflect theses changes.
    The one comment we received concerning this section sought to 
confirm that a mooring line arrangement that has already been approved 
by the Seaway authorities under the previous requirements will be 
acceptable to allow transit through the Seaway. After receiving the 
comment, the SLSDC and the SLSMC have reviewed the matter, and we 
conclude that mooring line arrangements previously approved would be 
acceptable. All vessels that have not had their mooring line 
arrangements previously approved by the Seaway authorities, however, 
will be required to comply with the new requirements.
    The SLSDC is amending 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 amending 
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 amending 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 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 ensures their safe operation through 
the Seaway.
    Under Sec.  401.19, ``Disposal and discharge systems'', the SLSDC 
is adding language that clarifies which pertinent laws and regulations 
are Canadian and which are U.S. In addition, the SLSDC is adding a 
requirement that would prohibit the burning of shipboard garbage in 
certain areas of the Seaway.
    The SLSDC is amending Sec.  401.20, ``Automatic Identification 
System'', by adding a provision that would require that the Minimum 
Keyboard Display (MKD) 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 amending the joint regulations regarding the 
Preclearance and Security for Tolls. Among the amendments are 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 
amending 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 making several amendments. For example, under Sec.  401.30, 
``Ballast water and trim'', the SLSDC is adding 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 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, 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 change still allows for 
vessels exceeding this limit to transit under exceptional 
circumstances.
    Under Sec.  401.34, ``Vessels in tow'', language is being added 
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 ensures 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

[[Page 12969]]

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'', new language will state 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 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 added 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 requires 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 new requirement will 
aid in the scheduling of pleasure craft transits and simplify the 
collection of fees.
    The SLSDC is making several amendments to the joint regulations 
pertaining to Dangerous Cargo. Among these is 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 
have been added. Specifically, every ship carrying grain that is under 
fumigation must now 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 
with the SLSMC, prior to transiting, a copy of its current load plan. 
These changes will increase the ability of the Seaway to transit ships 
carrying grain safely.
    Also Sec.  401.72 now requires 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 being added to Sec.  401.72 requires 
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, a midships cross-section showing the 
double bottom tanks and ballast side tanks for tankers is now 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 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 making several amendments. For example, under 
Sec.  401.74, ``Transit declaration'', the Seaway Transit Declaration 
Form is now 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 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 making several amendments to the joint regulations 
pertaining to Information and Reports. This includes a change to Sec.  
401.79, ``Advance notice of arrival, vessels requiring inspection'', 
that increases the requirement for advance notice of arrival 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 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 making several amendments. Under Sec.  401.93, ``Access to 
Seaway property'', the reference to ``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 added 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 regulation involves a foreign affairs function of the United 
States and

[[Page 12970]]

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 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 the 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 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 in 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, Seaway Regulations and Rules, as follows:

PART 401--SEAWAY REGULATIONS AND RULES

Subpart A--Regulations

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. In Sec.  401.3, a new paragraph (f) is 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.
* * * * *

0
3. Section 401.4 is 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.

0
4. In Sec.  401.6, paragraph (c) is 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.
* * * * *

0
5. In Sec.  401.7, paragraphs (a) introductory text and (a)(2) 
introductory text are revised, and paragraphs (b) and (c) are 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.

0
6. Section 401.8 is 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.

0
7. In Sec.  401.9, paragraph (b)(2) is 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.
* * * * *

0
8. In Sec.  401.10, paragraph (a)(3) and the table at the end of the 
section are revised, and paragraphs (a)(6) and (d) are 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.

                                  Table
------------------------------------------------------------------------
                                           Length of
       Overall length of vessels         mooring lines       Breaking
                                              (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               110               28
 m....................................
More than 180 m but not more than                   110               35
 222.5 m..............................
------------------------------------------------------------------------


[[Page 12971]]

* * * * *

0
9. In Sec.  401.11, the introductory text and paragraph (b) are 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 leins will not slip off 
when slackened and provided with free-running sheaves or rollers; and
* * * * *

0
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 are revised to read as follows:


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

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

* * * * *

0
11. Section 401.13 is 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 30 m. The ends of 
the lines shall be back spliced or tapered; and
    (c) Not be weighted or have knotted ends.

0
12. Section 401.14 is 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.

0
13. In Sec.  401.16, the introductory text is 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--
* * * * *

0
14. In Sec.  401.17, the introductory text is 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 combined 1600 gross 
registered tons or more equipped with a variable pitch propeller shall 
be equipped with--
* * * * *

0
15. In Sec.  401.19, paragraphs (a) and (b)(2) are revised, and 
paragraph (d) is 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.
* * * * *

[[Page 12972]]


0
16. In Sec.  401.20, paragraphs (b)(5), (b)(6), and (b)(7) are 
redesignated as paragraphs (b)(6), (b)(7), and (b)(8), and a new 
paragraph (b)(5) is added to read as follows:


Sec.  401.20  Automatic Identification System.

* * * * *
    (b) * * *
    (5) The Minimum Keyboard Display (MKD) shall be located as close as 
possible to the primary conning position and be visible;
* * * * *

0
17. In Sec.  401.22, paragraphs (a) and (c) are 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, 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.
* * * * *
    (c) A non-commercial vessel of 300 gross registered tonnage or less 
cannot apply for preclearance status and must transit as a pleasure 
craft.
* * * * *

0
18. Section 401.24 is 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 (http://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.

0
19. In Sec.  401.30, paragraphs (c) and (d) are redesignated as 
paragraphs (d) and (e), newly designated paragraph (e) introductory 
text and (e)(2) are revised, and a new paragraph (c) is 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.

0
20. Section 401.34 is 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.

0
21. In Sec.  401.35, paragraph (c) is 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;
* * * * *

0
22. In Sec.  401.37, paragraph (b) is 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.
* * * * *

0
23. In Sec.  401.39, the introductory text and paragraph (a) are 
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
* * * * *

0
24. In Sec.  401.42, paragraph (a)(4) is revised, paragraph (b) is 
removed, and paragraph (c) is 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.
* * * * *

0
25. Section 401.57 is 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.

0
26. Section 401.58 is 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.

0
27. In Sec.  401.68, paragraphs (a)(1) and (a)(4) are revised to read 
as follows:


Sec.  401.68  Explosives permit.

    (a) * * *
    (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).
* * * * *

0
28. In Sec.  401.72, paragraphs (a), (e) introductory text, (e)(2), 
(f), and (h) are revised, and paragraphs (e)(6) and (i) are 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

[[Page 12973]]

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.

0
29. In Sec.  401.74, paragraph (a) is 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.
* * * * *

0
30. In Sec.  401.75, paragraph (b) is 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.

0
31. Section 401.79 is 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.

0
32. In Sec.  401.81, paragraph (a) is 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.
* * * * *

0
33. In Sec.  401.93, paragraph (b) is 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.

0
34. Section 401.94 is 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 of 
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.

0
35. Section 401.95 is 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 March 11, 2005.

Saint Lawrence Seaway Development Corporation.
Albert S. Jacquez,
Administrator.
[FR Doc. 05-5268 Filed 3-16-05; 8:45 am]
BILLING CODE 4910-61-P