[Federal Register Volume 71, Number 232 (Monday, December 4, 2006)]
[Proposed Rules]
[Pages 70336-70338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20371]


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DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 401

[Docket No. SLSDC 2006-26397]
RIN 2135-AA24


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; Dangerous Cargo; and, General. These proposed amendments 
are necessary to take account of updated procedures 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 3, 2007.

ADDRESSES: You may submit comments [identified by DOT DMS Docket Number 
SLSDC 2006-26397] 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; Dangerous Cargo; and, General. 
These updates are necessary to take account of updated procedures 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 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 one clarification to the 
Interpretation section of the joint Seaway regulations. Under Section 
401.2, ``Interpretation', after the definition of Seaway station, the 
SLSDC is proposing to add a reference to section 401.62, ``Seaway 
stations'' for a list and location of the specific Seaway stations. In 
terms of Notice and Arrival requirements for vessels transiting the 
Seaway pursuant to section 401.79, ``Advance notice of arrival, vessels 
requiring inspection'', there has been some confusion regarding the 
location of the nearest Seaway station. Inserting a reference to the 
list of Seaway Stations in the definition would aid in clarifying the 
location to which a vessel must provide its 96 hours notice of arrival.
    The SLSDC is proposing to make two amendments to the joint 
regulations pertaining to the Condition of Vessels. Under section 
401.8, ``Landing booms'', the SLSDC is proposing to require vessels 
that are equipped with landing booms, but not using them, to use the 
Seaway's tie-up service at approach walls. This proposed amendment will 
clarify which vessels are required to use the Seaway's tie-up service. 
Under section 401.12, ``Minimum requirements--mooring lines and 
fairleads'', the SLSDC is proposing to provide flexibility to Seaway 
ship inspectors' ability to require an alternate mooring arrangement 
when a vessel cannot comply with the Seaway regulation due to design or 
other factors.
    Two amendments to the joint regulations regarding Preclearance and 
Security for Tolls are proposed. The proposed amendment to section 
401.22, ``Preclearance of vessels'', would provide flexibility to an 
officer to preclear a vessel, such as a large private yacht or ``Tall 
Ship'' that would not be able to moor at the pleasure craft docks 
because of its unusual design and requirements for inspection. Section 
401.24, ``Application for Preclearance'', is being revised to eliminate 
the requirement that a representative of a

[[Page 70337]]

vessel must submit 3 copies of a preclearance form since the Manager no 
longer issues 3 copies of the form.
    The SLSDC is proposing two amendments to the joint regulations 
pertaining to Seaway Navigation. Under section 401.40, ``Entering a 
lock'', the SLSDC is proposing to rename the section and add language 
to make it clear that no vessel shall exit a lock in a manner that 
results in the stern passing the stop symbol on the lock wall nearest 
the closed gates. There have been instances in which vessels, when 
required to maintain position in a lock or upon entering or departing a 
lock, have drifted astern resulting in damage to Seaway property. This 
amendment would require a vessel entering, exiting or maintaining its 
position in a lock to adhere to firmly established Seaway procedures. 
Under section 401.58, ``Pleasure craft scheduling'', language is 
proposed to clarify that the requirement to use the automated ticket 
dispensers only applies to vessels transiting Canadian locks since 
there are no automated ticket dispensers at the U.S. locks.
    The SLSDC is proposing to make several clarifying/editorial changes 
in the joint Seaway regulations pertaining to Dangerous Cargo. Proposed 
language throughout the following sections: 401.68, ``Explosives 
Permission Letter''; 401.70, ``Fendering--explosive and hazardous cargo 
vessels''; and, 401.72, ``Reporting--explosive and hazardous cargo 
vessels'', would clarify that the Seaway(s) issue Seaway Explosives 
Permission Letters rather than permits.
    In the regulations pertaining to general requirements, the SLSDC 
proposes one amendment. Under section 401.93, ``Access to Seaway 
property,'' the word ``swim `` would be removed in order to clarify 
that a person may not enter any Seaway canal or lock area regardless of 
the method of entry.

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.  401.2 paragraph (k) would be revised to read as 
follows:


Sec.  401.2  Interpretation.

* * * * *
    (k) Seaway Station means a radio station operated by the 
Corporation or the Manager. (See 401.62. Seaway Stations for the list 
and location of stations).
* * * * *
    3. In Sec.  401.8 paragraph (c) would be revised to read as 
follows:


Sec.  401.8  Landing booms.

* * * * *
    (c) Vessels not equipped with or not using landing booms must use 
the Seaway's tie-up service at approach walls.
    4. Section 401.12 paragraph (a) introductory text would be revised 
to read as follows:


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

    (a) Minimum requirements in respect of mooring lines, which shall 
be available for securing on either side of the vessel, winches, and 
the location of fairleads on vessels are as follows unless otherwise 
permitted by the officer:
* * * * *
    5. In Sec.  401.22 paragraph (c) would be revised to read as 
follows:


Sec.  401.22  Preclearance of vessels.

* * * * *
    (c) A non-commercial vessel of 300 gross registered tonnage or less 
cannot apply for preclearance status and must transit as a pleasure 
craft unless otherwise permitted by an officer.
    6. Sec.  401.24 will be revised as follows:


Sec.  401.24  Application for preclearance.

    The representative of a vessel may, on a preclearance form 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.
    7. In Sec.  401.40 the section heading will be revised, paragraphs 
(b) and (c) will be redesignated as paragraphs (c) and (d), 
respectively, and a new paragraph (b) will be added to read as follows:


Sec.  401.40  Entering, Exiting or Position in a Lock.

* * * * *
    (b) No vessel shall depart a lock in such a manner that the stern 
passes the stop symbol on the lock wall nearest the closed gates.
* * * * *
    8. In Sec.  401.58 paragraph (b) is revised to read as follows:


Sec.  401.58  Pleasure craft scheduling.

* * * * *
    (b) Every pleasure craft seeking to transit Canadian Locks shall 
stop at a

[[Page 70338]]

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.
    9. In Sec.  401.68, the section heading and paragraphs (a) 
introductory text, (b), (c), and (d) are revised to read as follows:


Sec.  401.68  Explosives Permission Letter.

    (a) A Seaway Explosives Permission Letter is required for an 
explosive vessel in the following cases:
* * * * *
    (b) When an explosive vessel is carrying quantities of explosives 
above the maximum mentioned in paragraph (a), no Seaway Explosives 
Permission Letter shall be granted and the vessel shall not transit.
    (c) A written application for a Seaway Explosives Permission Letter 
certifying that the cargo is packed, marked, and stowed in accordance 
with the Canadian Regulations respecting the Carriage of Dangerous 
Goods, the United States Regulations under the Dangerous Cargo Act and 
the International Maritime Dangerous Goods Code may be made to the 
Saint Lawrence Seaway Development Corporation, P.O. Box 520, Massena, 
New York 13662 or to the St. Lawrence Seaway Management Corporation, 
202 Pitt Street, Cornwall, Ontario, K6J 3P7.
    (d) A signed copy of a Seaway Explosives Permission Letter and a 
true copy of any certificate as to the loading of dangerous cargo shall 
be kept on board every explosive vessel in transit and shall be made 
available to any officer requiring production of such copies.
* * * * *
    10. Sec.  401.70 will be revised to read as follows:


Sec.  401.70  Fendering--explosive and hazardous cargo vessels.

    All explosive vessels requiring a Seaway Explosives Permission 
Letter in accordance with Sec.  401.68 and all tankers carrying cargo 
with a flashpoint of up to 61 [deg]C, except those carrying such cargo 
in center tanks with gas free wing tanks, shall be equipped with a 
sufficient number of non-metallic fenders on each side to prevent any 
metallic part of the vessel from touching the side of a dock or lock 
wall.
    11. In Sec.  401.72 paragraph (b) will be revised to read as 
follows:


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

* * * * *
    (b) Every explosive vessel requiring a Seaway Explosives Permission 
Letter shall, when reporting in, give the number of its Seaway 
Explosives Permission Letter.
* * * * *
    12. In Sec.  401.93 paragraph (b) will 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 in any Seaway canal or 
lock area.

    Issued at Washington, DC on November 27, 2006.

Saint Lawrence Seaway Development Corporation.
Collister, Johnson, Jr.,
Administrator.
[FR Doc. E6-20371 Filed 12-1-06; 8:45 am]
BILLING CODE 4910-61-P