[Federal Register Volume 71, Number 22 (Thursday, February 2, 2006)]
[Rules and Regulations]
[Pages 5605-5607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-941]


=======================================================================
-----------------------------------------------------------------------

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: Final rule.

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

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 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 amendments 
are necessary to take account of updated procedures and/or technology 
and enhance the safety of transits through the Seaway. Several of the 
amendments are merely editorial or for clarification of existing 
requirements.

DATES: This rule is effective March 6, 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 amending the joint 
regulations by updating the Regulations and Rules in various 
categories. The changes 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 changes are to clarify 
existing requirements in the regulations. Where new requirements or 
regulations are made, 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 making 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 adding 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

[[Page 5606]]

shipping channel or have already hit the lock bumpers.
    The SLSDC is making two amendments to the joint regulations 
regarding the Preclearance and Security for Tolls. Under Sec.  401.24, 
``Application for Preclearance'', the SLSDC is revising the location 
from which a vessel can obtain a preclearance form from Cornwall, 
Ontario to St. Lambert, Quebec. This 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 adding 
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 making one change to the joint regulations regarding 
Seaway Navigation. The amendment to Sec.  401.30, ``Ballast Water and 
Trim'', reflects a change to the SLSDC/SLSMC joint Web site 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 Web site. The Seaway Corporations have 
inserted a direct link on the Seaway Web site homepage to the relevant 
documents.
    The SLSDC is making two changes to the joint regulations regarding 
Toll Assessment and Payment. Under Sec.  401.74, ``Transit 
Declaration'', the SLSDC is clarifying that Seaway Transit Declaration 
Forms can be obtained from the Seaway Web site or the SLSMC in St. 
Lambert, Quebec. This function was previously performed at Cornwall, 
Ontario.
    Additionally, the amendment removes references to specific form 
numbers that are no longer relevant.
    The SLSDC is making one amendment to the joint regulations 
regarding Information and Reports. Under Sec.  401.81, the SLSDC is 
requiring 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 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 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 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 seq.) 
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 this rule 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, 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.  401.16 paragraph (b) is 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.
* * * * *

0
3. In Sec.  401.17 paragraph (b) is 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.
* * * * *

0
4. 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, 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.

0
5. In Sec.  401.26 paragraph (b) is revised to read as follows:


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.
* * * * *
0
6. In Sec.  401.30 paragraph (e) (2) is 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

[[Page 5607]]

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.
0
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.
* * * * *
0
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 January 23, 2006.

Saint Lawrence Seaway Development Corporation.
Albert S. Jacquez,
Administrator.
[FR Doc. 06-941 Filed 2-1-06; 8:45 am]
BILLING CODE 4910-61-P