Federal Register, Volume 72 Issue 13 (Monday, January 22, 2007)

[Federal Register Volume 72, Number 13 (Monday, January 22, 2007)]
[Rules and Regulations]
[Pages 2618-2620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-814]

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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: 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 update
the following sections of the Regulation and Rules: Condition of
Vessels; Preclearance and Security for Tolls; Seaway Navigation;
Dangerous Cargo; and, General. These amendments are necessary to take
account of updated procedures and will enhance the safety of transits
through the Seaway. Several of the amendments are merely editorial or
for clarification of existing requirements.

DATES: Effective date: This rule is effective February 21, 2007.
Comment date: Any party wishing to present views on the final rule
may file comments with the Corporation on or before February 21, 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 am
and 5 pm, 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; Dangerous Cargo; and, General. These
updates are necessary to take account of updated procedures which will
enhance the safety of transits through the Seaway.

[[Page 2619]]

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.
A Notice of Proposed Rulemaking was published on December 4, 2006
(71 FR 70336). Interested parties have been afforded an opportunity to
comment. While no public comments were received, the SLSDC is making a
few minor editorial changes to the final rule in order to ensure
consistency between the final rules published in each jurisdiction.
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 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
adding 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 will aid in clarifying the location to which
a vessel must provide its 96 hours notice of arrival.
The SLSDC is making two amendments to the joint regulations
pertaining to the Condition of Vessels. Under section 401.8, ``Landing
booms'', the SLSDC is requiring vessels that are equipped with landing
booms, but not using them, to use the Seaway's tie-up service at
approach walls. This amendment clarifies 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 providing
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 being made. The amendment to section 401.22,
``Preclearance of vessels'', will 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 revised to eliminate the
requirement that a representative of a vessel must submit 3 copies of a
preclearance form since the Manager no longer issues 3 copies of the
form.
The SLSDC is making two amendments to the joint regulations
pertaining to Seaway Navigation. Under section 401.40, ``Entering a
lock'', the SLSDC is renaming the section and adding 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
requires 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 added to clarify
that the requirement to use the automated ticked dispensers only
applies to vessels transiting Canadian locks since there are no
automated ticket dispensers at the U.S. locks.
The SLSDC is making several clarifying/editorial changes in the
joint Seaway regulations pertaining to Dangerous Cargo. Revised
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'', clarifies that the Seaway(s) issue Seaway Explosives
Permission Letters rather than permits.
In the regulations pertaining to general requirements, the SLSDC
makes one amendment. Under section 401.93, ``Access to Seaway
property,'' the word ``swim'' is 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 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 amends
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.

[[Page 2620]]

0
2. In Sec. 401.2 paragraph (k) is revised to read as follows:

Sec. 401.2 Interpretation.

* * * * *
(k) Seaway Station means a radio station operated by the
Corporation or the Manager. (Refer to 401.62. Seaway Stations for the
list and location of stations).
* * * * *

0
3. In Sec. 401.8 paragraph (c) is 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.

0
4. Section 401.12 paragraph (a) introductory text is revised to read as
follows:

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

(a) Unless otherwise permitted by the officer the 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:
* * * * *

0
5. In Sec. 401.22 paragraph (c) is revised to read as follows:

Sec. 401.22 Preclearance of vessels.

* * * * *
(c) Unless otherwise permitted by an officer a non-commercial
vessel of 300 gross registered tonnage or less cannot apply for
preclearance status and must transit as a pleasure craft.
* * * * *

0
6. Sec. 401.24 is 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.

0
7. In Sec. 401.40 the section heading is revised, paragraphs (b) and
(c) are redesignated as paragraphs (c) and (d), respectively, and a new
paragraph (b) is added to read as follows:

Sec. 401.40 Entering, Exiting or Position in 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.
* * * * *

0
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 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
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) of this section, 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.
* * * * *
0
10. Sec. 401.70 is 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.
0
11. In Sec. 401.72 paragraph (b) is 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.
* * * * *
0
12. 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 in any Seaway canal or
lock area.

Issued at Washington, DC on January 11, 2007.

Saint Lawrence Seaway Development Corporation.
Collister Johnson, Jr.,
Administrator.
[FR Doc. E7-814 Filed 1-19-07; 8:45 am]
BILLING CODE 4910-61-P