[Federal Register Volume 74, Number 79 (Monday, April 27, 2009)]
[Rules and Regulations]
[Pages 18993-18995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9233]



[[Page 18993]]

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DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 401

[Docket No. SLSDC-2009-0002]
RIN 2135-AA28


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; Seaway Navigation, Toll Assessment and Payment; Information 
and Reports; and Navigation Closing Procedures. 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: This rule is effective May 27, 2009.

ADDRESSES: Docket: For access to the docket to read background 
documents or comments received, go to http://www.Regulations.gov; or in 
person at the Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
Holidays.

FOR FURTHER INFORMATION CONTACT: Carrie Mann Lavigne, Chief Counsel, 
Saint Lawrence Seaway Development Corporation, 180 Andrews Street, 
Massena, New York 13662; 315-764-3200.

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 would update the following sections of the 
Regulations and Rules: Condition of Vessels; Seaway Navigation, Toll 
Assessment and Payment; Information and Reports; and Navigation Closing 
Procedures. These updates are necessary to take account of updated 
procedures 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 being 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://www.Regulations.gov.
    The SLSDC is amending 5 sections of the Condition of Vessels 
portion of the joint Seaway regulations. Under section 401.7, 
``Fenders'', the SLSDC is requiring that vessels be equipped with only 
horizontal fenders. Vessels that are equipped with diagonal fenders 
cause severe damage to the guide wall wooden and rubber fendering. 
Section 401.8, ``Landing booms'', is being revised to allow only the 
use of synthetic mooring lines which are safer for personnel handling 
the lines than are heavy wires. Several changes are being made to 
section 401.10, ``Mooring lines'', to improve safety for ship and lock 
crews and to reduce user costs from the use of wire lines. These 
amendments would set specific requirements for each mooring line that 
would ensure that safety is maintained through proper use of 
appropriate strength wire specific to ship size. These changes are 
being made based on tests conducted by the SLSMC in conjunction with 
relevant stakeholders during the 2007 and 2008 navigation seasons. In 
section 401.11, ``Fairleads'', amendments are being made that will 
reduce user costs while maintaining proper safe mooring arrangements 
for wires.
    Under section 401.12, ``Minimum requirements--mooring lines and 
fairleads'', the SLSDC is making several changes to the minimum 
requirements based on ship size that will better reflect new safety and 
efficiency allowances in conjunction with clarifying the use of 
individual winches per line. In section 401.97, ``Closing procedures'', 
two amendments are being made. The heading is being revised to read 
``Closing procedures and ice navigation''. Where transits of certain 
vessels are restricted during ice conditions, transits between CIP15 
and CIP 16 of the Welland Canal will also be restricted under the 
second proposed amendment. The other changes to the joint regulations 
are merely editorial or to clarify existing requirements. No comments 
were received from the Notice of Proposed Rulemaking published on March 
12, 2009 in the Federal Register (Volume 74, Number 47, page 10698).

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

[[Page 18994]]

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.  401.7 revise paragraph (a) introductory text 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 only 
horizontal permanent fenders--
* * * * *

0
3. In Sec.  401.8 revise paragraph (c) 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 using synthetic mooring 
lines only.

0
4. In Sec.  401.10, paragraphs (a)(2), (a)(6), (b), and (d) are revised 
as follows:


Sec.  401.10  Mooring lines.

    (a) * * *
    (2) Have a diameter not greater than 28 mm for wire line and not 
greater than 60 mm for approved synthetic lines;
* * * * *
    (6) Be certified and a test certificate for each mooring line 
containing information on breaking strength, material type, elongation 
and diameter shall be available onboard for inspection.
    (b) Unless otherwise permitted by an officer, vessels greater than 
130 m shall only use wire mooring lines with a breaking strength that 
complies with the minimum specifications set out in the table in this 
section for securing a vessel in lock chambers.
* * * * *
    (d) Notwithstanding paragraphs (a) through (c) of this section, 
nylon line is not permitted.

                                  Table
------------------------------------------------------------------------
                                   Length of mooring
     Overall length of ships              line         Breaking strength
------------------------------------------------------------------------
40 m or more but not more than 60  110 m............  10 MT
 m.
More than 60 m but not more than   110 m............  15 MT
 90 m.
More than 90 m but not more than   110 m............  20 MT
 120 m.
More than 120 m but not more than  110 m............  28 MT
 180 m.
More than 180 m but not more than  110 m............  35 MT
 222.5 m.
------------------------------------------------------------------------
           Elongation of synthetic lines shall not exceed 20%
------------------------------------------------------------------------


0
5. In Sec.  401.11:
0
a. Redesignate the introductory text as paragraph (a) introductory 
text;
0
b. Redesignate paragraphs (a) through (c) as paragraphs (a)(1) through 
(a)(3);
0
c. Revise newly redesignated paragraphs (a)(1) and (a)(2); and
0
d. Add a new paragraph (b).
    The revisions and additions read as follows:


Sec.  401.11  Fairleads.

    (a) * * *
    (1) Be led at the vessel's side through a type of fairlead or 
closed chock, acceptable to the Manager and Corporation;
    (2) 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 and provided with free-running sheaves or rollers; and
* * * * *
    (b) Wire lines shall only be led through approved roller type 
fairleads.
0
6. Revise Sec.  401.12 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 vessels, winches and the location of 
fairleads on vessels are as follows:
    (1) Ships of 100 m or less in overall length shall have at least 
three mooring lines--wires or synthetic hawsers, two of which shall be 
independently power operated and one if synthetic, of which may be hand 
held;
    (i) One line shall lead forward from the break of the bow and one 
line 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 chocks to suitable mooring bitts on deck;
    (2) Ships of more than 100 m but not more than 130 m in overall 
length shall have three mooring lines--wires or synthetic hawsers, 
which shall be independently power operated by winches, capstans or 
windlasses. All lines shall be led through closed chocks or fairleads 
acceptable to the Manager and the Corporation. One shall lead forward 
and one shall lead astern from the quarter and all three lines shall be 
independently power operated;
    (3) Ships of more than 130 m in overall length shall have four 
mooring lines--wires, independently power operated by the main drums of 
adequate power operated winches 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 mooring line shall lead forward and one mooring line shall 
lead astern from the quarter and shall be independently power operated 
by the

[[Page 18995]]

main drums of adequate power operated winches.
    (4) All lines shall be led through a type of fairlead acceptable to 
the Manager and the Corporation.
    (b) Unless otherwise permitted by the officer the following table 
sets out the requirements for the location of fairleads or closed 
chocks for ships of 100 m or more in overall length:

                                  Table
------------------------------------------------------------------------
                                For mooring lines     For mooring lines
   Overall length of ships        Nos. 1 and 2          Nos. 3 and 4
------------------------------------------------------------------------
100 m or more but not more    Shall be at a         Shall be at a
 than 180 m.                   location on the       location on the
                               ship side where the   ship side where the
                               beam is at least      beam is at least
                               90% of the full       90% of the full
                               beam of the vessel.   beam of the vessel.
More than 180 m but not more  Between 20 m & 50 m   Between 20 m & 50 m
 than 222.5 m.                 from the stern.       from the stern.
------------------------------------------------------------------------


0
7. Revise Sec.  401.38 to read as follows:


Sec.  401.38  Limit of approach to a lock.

    A vessel approaching a lock shall comply with directions indicated 
by the signal light system associated with the lock and in no case 
shall its stem pass the designated limit of approach sign while a red 
light or no light is displayed.

0
8. In Sec.  401.75, add a new paragraph (c) to read as follows:


Sec.  401.75  Payment of tolls.

* * * * *
    (c) Fees for Seaway arranged security guard in compliance with 
Transport Canada Security regulations shall be paid in Canadian funds 
within 30 days of billing.

0
9. 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 station 
and Transport Canada Marine Safety or U.S. Coast Guard office as soon 
as possible and prior to departing the Seaway system.
* * * * *
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10. In Sec.  401.96 paragraph (e) is revised to read as follows:


Sec.  401.96  Definitions.

* * * * *
    (e) Wintering vessel means a vessel that enters the Seaway upbound 
after a date designated each year by the Corporation and the Manager 
and transits above Iroquois Lock.

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11. In Sec.  401.97, the heading and paragraphs (f) introductory text 
and (f)(2) are revised to read as follows:


Sec.  401.97  Closing procedures and ice navigation.

* * * * *
    (f) Where ice conditions restrict navigation,
* * * * *
    (2) No downbound vessel that has a power to length ratio of less 
than 15:1 (kW/meter) and a forward draft of less than 25 dm shall 
transit between the St. Lambert Lock and the Iroquois Lock of the 
Montreal-Lake Ontario Section of the Seaway and CIP 15 and CIP 16 of 
the Welland Canal.

    Issued at Washington, DC, on April 16, 2009.

Saint Lawrence Seaway Development Corporation.
Collister Johnson, Jr.,
Administrator.
[FR Doc. E9-9233 Filed 4-24-09; 8:45 am]
BILLING CODE 4910-61-P