[Federal Register Volume 75, Number 17 (Wednesday, January 27, 2010)]
[Proposed Rules]
[Pages 4331-4334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1608]


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DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 401

[Docket No. SLSDC-2010-0001]
RIN 2135-AA30


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; Seaway Navigation; Radio Communications; 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 February 26, 2010.

ADDRESSES: You may submit comments [identified by Docket Number SLSDC 
2010-0001] by any of the following methods:
     Web site: http://www.Regulations.gov. Follow the online 
instructions for submitting comments/submissions.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-001.
     Hand Delivery: Documents may be submitted by hand delivery 
or courier to West Building Ground Floor, Room W12-140, 1200 New Jersey 
Avenue, SE., Washington, DC, between 9 am and 5 pm, Monday through 
Friday, except Federal holidays.
    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 at http://www.Regulations.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://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 am and 5 pm, 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 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; Seaway Navigation; 
Radio Communications; 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

[[Page 4332]]

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 proposing to amend two sections of the Condition of 
Vessels portion of the joint Seaway regulations. Under section 401.10, 
``Mooring lines'', the SLSDC is proposing to permit vessels with 
synthetic lines to transit the Seaway with a spliced eye of 1.8 m 
instead of the current 2.4 m. The SLSMC has conducted tests regarding 
the effectiveness of the smaller spliced eye and has determined that a 
spliced eye of 1.8 m for synthetic lines is sufficient for safety 
purposes. In addition, two changes are proposed for section 401.12, 
``Minimum requirements--mooring lines and fairleads''. These proposed 
amendments would set specific requirements for each mooring line to 
ensure that safety is maintained through proper use of appropriate 
strength wire specific to vessel size. These changes are being proposed 
based on tests conducted by the SLSMC in conjunction with relevant 
stakeholders.
    One change is proposed for the Seaway Navigation section. In 
section 401.52, ``Limit of Approach to a Bridge'', vessels are required 
to proceed at a safe speed between whistle posts at bridges in order to 
come to a controlled stop before the limit of an approach sign. This 
proposed amendment is due to recent incidents involving vessels 
proceeding at a speed which did not permit a controlled stop, resulting 
in damage to the vessel.
    In the Radio Communications section, two changes are proposed. The 
changes to section 401.61, ``Assigned frequencies'', and section 
401.63, ``Radio procedure'', reflect the requirement that channel 12 is 
to be used in lieu of channel 13 in the Seaway Sodus sector. This 
change is based on two years of testing and troubeshooting radio 
problems on Lake Ontario that determined that channel 12 would provide 
a more effective communication medium than does channel 13. 
Corresponding edits have been proposed for Schedule III to reflect the 
channel change.
    Two changes are proposed to the ``General'' section. In section 
401.90, ``Boarding for inspection'', vessels will be required to 
provide a safe and approved means of boarding for inspectors. Currently 
the pigeon holes used by inspectors to board vessels typically fill 
with ice and snow making access between the tug and barge a safety 
hazard. In section 401.94, ``Keeping copies of documents'', a vessel 
will be required to keep, in either electronic or paper form: A copy of 
the vessel's valid inspection report; the rules and procedures; and, 
Seaway Notices for the current navigation year. The other changes to 
the joint regulations are merely editorial or to clarify existing 
requirements.

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.  401.10 revise paragraph (a)(3) and (b) to read as 
follows:


Sec.  401.10  Mooring lines.

    (a) * * *
    (3) Be fitted with a hand spliced eye or Flemish type mechanical 
spliced eye of not less than 2.4 m long for wire lines and 1.8 m long 
spliced eye for approved synthetic lines;
* * * * *
    (b) Unless otherwise permitted by an officer, vessels greater than 
150 m shall only use wire mooring lines with a breaking strength that 
complies with the minimum specifications set out in the table to this 
section shall be used for securing a vessel in lock chambers.
* * * * *
    3. In Sec.  401.12 redesignate paragraph (a)(4) as (a)(3)(iii) and 
revise paragraphs (a)(1) introductory text, (a)(2), (a)(3) introductory 
text, and (b) introductory text to read as follows:


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

    (a) * * *
    (1) Vessels 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 may be hand held.
* * * * *
    (2) Vessels of more than 100 m but not more than 150 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.
    (3) Vessels of more than 150 m in overall length shall have four 
mooring lines--wires, independently power

[[Page 4333]]

operated by the main drums of adequate power operated winches as 
follows:
* * * * *
    (b) Unless otherwise permitted by the officer, the following table 
sets out the requirements for the location of fairleads or closed 
chocks for vessels of 100 m or more in overall length.
* * * * *
    4. In Sec.  401.52, add a new paragraph (c) to read as follows:


Sec.  401.52  Limit of approach to a bridge.

* * * * *
    (c) All vessels are to proceed at a safe speed between the whistle 
signs at bridges so that a controlled stop, if necessary, can be 
achieved before the limit of approach sign at bridges.
    5. Revise Sec.  401.61 to read as follows:


Sec.  401.61  Assigned frequencies.

    The Seaway stations operate on the following assigned VHF 
frequencies:

156.8 MHz--(channel 16)--Distress and Calling.
156.7 MHz--(channel 14)--Working (Canadian Stations in Sector 1 and the 
Welland Canal).
156.6 MHz--(channel 12)--Working (U.S. Station in Lake Ontario)
156.6 MHz--(channel 12)--Working (U.S. Stations in Sector 2 of the 
River).
156.55 MHz--(channel 11)--Working (Canadian Stations in Sector 3, Lake 
Ontario and Lake Erie).
    6. Revise Sec.  401.63 to read as follows:


Sec.  401.63  Radio procedure.

    Every vessel shall use the channels of communication in each 
control sector as listed in the table to this section.

                                                                Channels of Communication
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                                       Control
              Station                 sector No.       Sector limits              Call in                  Work                   Listening watch
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Seaway Beauharnois.................            1  C.I.P No. 2 to C.I.P    Ch. 14................  Ch. 14................  Ch. 14.
                                                   No. 6-7.
Seaway Eisenhower..................            2  C.I.P. No. 6-7 to       Ch. 12................  Ch. 12................  Ch. 12.
                                                   C.I.P. No. 10-11.
Seaway Iroquois....................            3  C.I.P. No. 10-11 to     Ch. 11................  Ch. 11................  Ch. 11.
                                                   Crossover Island.
Seaway Clayton.....................            4  Crossover Island to     Ch. 13................  Ch. 13................  Ch. 13.
                                                   Cape Vincent.
Seaway Sodus.......................            4  Cape Vincent to Mid     Ch. 12................  Ch. 12................  Ch. 16.
                                                   Lake Ontario.
Seaway Newcastle...................            5  Mid Lake Ontario to     Ch. 11................  Ch. 11................  Ch. 16.
                                                   C.I.P. No. 15.
Seaway Welland.....................            6  C.I.P. No. 15 to        Ch. 14................  Ch. 14................  Ch. 14.
                                                   C.I.P. No. 16.
Seaway Long Point..................            7  C.I.P. No. 16 to Long   Ch. 11................  Ch. 11................  Ch. 16.
                                                   Point.
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    7. In Sec.  401.90, add a new paragraph (d) to read as follows:


Sec.  401.90  Boarding for inspections.

* * * * *
    (d) Vessels shall provide a safe and approved means of boarding. 
Pigeon holes are not accepted as a means of boarding and an alternate 
safe means of access between a tug and a barge shall be provided.
    8. In Sec.  401.94, revise paragraph (a) to read as follows:


Sec.  401.94  Keeping copies of regulations.

    (a) A copy of these Regulations (subpart A of part 401), a copy of 
the vessel's valid Vessel Inspection Report and Seaway Notices for the 
current navigation year shall be kept on board every vessel in transit. 
For the purposes of this section, a copy may be kept in either paper or 
electronic format.
* * * * *
    9. In the appendix, Schedule III to Subpart A of Part 401--Calling-
in Table, revise entries 18, 35, and 36 to read as follows:

         Schedule III to Subpart A of Part 401--Callng-in Table
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    C.I.P. and checkpoint        Station to call       Message content
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                              * * * * * * *
18. Sodus Point.............  Seaway Sodus........  1. Name of Vessel.
                              Channel 12            2. Location.
                                                    3. ETA Mid-Lake
                                                     Ontario.
 
                              * * * * * * *
35. Mid-Lake Ontario-         Seaway Sodus........  1. Name of Vessel.
 Entering Sector 4.
                              Channel 12            2. Location.
36. Sodus Point.............  Seaway Sodus........  1. Name of Vessel.
                              Channel 12            2. Location.
                                                    3. Updated ETA Cape
                                                     Vincent or Lake
                                                     Ontario Port.
                                                    4. Confirm River
                                                     Pilot Requirement.
                                                    5. Pilot
                                                     requirement--Snell
                                                     Lock and/or Upper
                                                     Beauharnois Lock
                                                     (inland vessels
                                                     only).
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* * * * *

    Issued at Washington, DC on January 21, 2010.

Saint Lawrence Seaway Development Corporation.
Collister Johnson, Jr.,
Administrator.
[FR Doc. 2010-1608 Filed 1-26-10; 8:45 am]
BILLING CODE 4910-61-P