[Federal Register Volume 70, Number 244 (Wednesday, December 21, 2005)]
[Proposed Rules]
[Pages 75769-75771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24235]


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DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 401

[Docket No. SLSDC 2005-23248]
RIN 2135-AA22


Seaway Regulations and Rules: Periodic Update, Various Categories

AGENCY: Saint Lawrence Seaway Development Corporation, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Saint Lawrence Seaway Development Corporation (SLSDC) and 
the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under 
international agreement, jointly publish and presently administer the 
St. Lawrence Seaway Regulations and Rules (Practices and Procedures in 
Canada) in their respective jurisdictions. Under agreement with the 
SLSMC, the SLSDC is amending the joint regulations by updating the 
Seaway Regulations and Rules in various categories. The proposed 
changes will update the following sections of the Regulation and Rules: 
Condition of Vessels; Preclearance and Security for Tolls; Seaway 
Navigation; Toll Assessment and Payment; and Information and Reports. 
These proposed amendments are necessary to take account of updated 
procedures and/or technology and will enhance the safety of transits 
through the Seaway. Several of the proposed amendments are merely 
editorial or for clarification of existing requirements.

DATES: Any party wishing to present views on the proposed amendment may 
file comments with the Corporation on or before January 20, 2006.

ADDRESSES: You may submit comments [identified by DOT DMS Docket Number 
SLSDC 2005-23248] 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 Regulations and Rules: Condition of Vessels; Preclearance and 
Security for Tolls; Seaway Navigation; Toll Assessment and Payment; and 
Information and Reports. These updates are necessary to take account of 
updated procedures and/or technology, which will enhance the safety of 
transits through the Seaway. 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

[[Page 75770]]

published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or 
you may visit http://dms.dot.gov.
    The SLSDC is proposing two amendments to the joint regulations 
pertaining to the Condition of Vessels. Under sections 401.16, 
``Propeller Direction Alarms'', and 401.17, ``Pitch Indicators and 
Alarms'', the SLSDC is proposing additional language that would require 
visible and audible alarms to have a time delay of not greater than 8 
seconds. In confined waters of the Seaway or while entering a lock it 
is important for the master/pilot to know immediately when an incorrect 
command is received in order to take appropriate corrective action. 
Currently some vessels have alarms with a 30 second delay in which 
time, the vessel could be outside the shipping channel or have already 
hit the lock bumpers.
    The SLSDC is proposing to make two amendments to the joint 
regulations regarding the Preclearance and Security for Tolls. Under 
Sec.  401.24, ``Application for Preclearance'', the SLSDC is proposing 
to revise the location from which a vessel can obtain a preclearance 
form from Cornwall, Ontario to St. Lambert, Quebec. This proposed 
change reflects the fact that preclearance applications are now being 
processed at St. Lambert, Quebec instead of at Cornwall, Ontario.
    For Sec.  401.26, ``Security for Tolls'', the SLSDC is proposing to 
add language that would allow the SLSMC manager to include charges for 
additional items as tie-up fees in the security for tolls.
    The SLSDC is proposing to make one change to the joint regulations 
regarding Seaway Navigation. The proposed amendment to Sec.  401.30, 
``Ballast Water and Trim'', would reflect a change to the SLSDC/SLSMC 
joint website making it easier for Seaway users to obtain ballast water 
management documents. Shippers have expressed frustration regarding 
their difficulties in locating these documents on the website. The 
Seaway Corporations have inserted a direct link on the Seaway website 
homepage to the relevant documents.
    The SLSDC is proposing to make two changes to the joint regulations 
regarding Toll Assessment and Payment. Under Sec.  401.74, ``Transit 
Declaration'', the SLSDC is proposing to clarify that Seaway Transit 
Declaration Forms can be obtained from the Seaway website or the SLSMC 
in St. Lambert, Quebec. This function was previously performed at 
Cornwall, Ontario.
    Additionally, the proposed amendment would remove references to 
specific form numbers that are no longer relevant.
    The SLSDC is proposing to make one amendment to the joint 
regulations regarding Information and Reports. Under Sec.  401.81, the 
SLSDC is proposing to require the master of a vessel involved in an 
accident or dangerous occurrence to notify the nearest Seaway and 
Canadian or U.S. Coast Guard. This proposed amendment is intended to 
clarify that the U.S. Coast Guard is the U.S. federal entity 
responsible for responding to vessel incidents and needs to be notified 
immediately when there is an accident or dangerous occurrence.

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, Regulations and Rules, as follows:

PART 401--SEAWAY REGULATIONS AND RULES

Subpart A--Regulations

    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.

    2. In Sec.  401.16 paragraph (b) would be revised to read as 
follows:


Sec.  401.16  Propeller direction alarms.

* * * * *
    (b) Visible and audible wrong-way propeller direction alarms, with 
a time delay of not greater than 8 seconds, located in the wheelhouse 
and the engineer room, unless the vessel is fitted with a device which 
renders it impossible to operate engines against orders from the bridge 
telegraph.
* * * * *
    3. In Sec.  401.17 paragraph (b) would be revised to read as 
follows:


Sec.  401.17  Pitch indicators and alarms.

* * * * *
    (b) Effective April 1, 1984, visible and audible pitch alarms, with 
a time delay of not greater than 8 seconds, in the wheelhouse and 
engine room to indicate wrong pitch.
* * * * *
    4. 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, St. Lambert, Quebec, or downloaded 
from the St. Lawrence Seaway Web site at 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.
    5. In Sec.  401.26 paragraph (b) would be revised to read as 
follows:

[[Page 75771]]

Sec.  401.26  Security for Tolls.

* * * * *
    (b) The security for the tolls of a vessel shall be sufficient to 
cover the tolls established in the St. Lawrence Seaway Tariff of Tolls 
for the gross registered tonnage of the vessel, cargo carried, and 
lockage tolls as well as security for any other charges estimated by 
the Manager.
* * * * *
    6. In Sec.  401.30 paragraph (e) (2) would be revised to read as 
follows:


Sec.  401.30  Ballast water and trim.

* * * * *
    (e) * * *
    (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. For copies of the ``Code of 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'' refer to the St. Lawrence 
Seaway Web site at http://www.greatlakes-seaway.com.
    7. In Sec.  401.74 paragraphs (a) and (g) are revised to read as 
follows:


Sec.  401.74  Transit declaration.

    (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, 151 Ecluse Street, St. Lambert, Quebec, 
J4R 2V6 or from the St. Lawrence Seaway Web site at http://www.greatlakes-seaway.com.
* * * * *
    (g) Where government aid cargo is declared, appropriate Canadian or 
U.S. customs form or a stamped and signed certification letter from the 
U.S. or Canada Customs must accompany the transit declaration form.
* * * * *
    8. 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 and 
Canadian or U.S. Coast Guard radio or traffic stations, as soon as 
possible and prior to departing the Seaway system.
* * * * *

    Issued at Washington, DC, on December 13, 2005

Saint Lawrence Seaway Development Corporation.
Albert S. Jacquez,
Administrator.
[FR Doc. 05-24235 Filed 12-20-05; 8:45 am]
BILLING CODE 4910-61-P