[Federal Register Volume 76, Number 47 (Thursday, March 10, 2011)]
[Rules and Regulations]
[Pages 13088-13089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5423]



[[Page 13088]]

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DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 401

[Docket No. SLSDC-2011-0002]
RIN 2135-AA29


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 regulations concerning condition of vessels and preclearance and 
security for tolls. 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: The final rule is effective March 20, 2011.

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 amendments update the following sections of the 
Regulations and Rules: Condition of Vessels, and Preclearance and 
Security for Tolls. These changes 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.
    The joint regulations are effective in Canada on March 20, 2011. 
For consistency, because these are joint regulations under 
international agreement, and to avoid confusion among users of the 
Seaway, the SLSDC finds that there is good cause to make the U.S. 
version of the amendments effective on the same date.

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 Notice of Proposed Rulemaking was published in the Federal 
Register on January28, 2011 (76 FR 5104). No comments were received.
    The SLSDC is amending two sections of the Condition of Vessels 
portion of the joint Seaway regulations. Under section 401.8, ``Landing 
booms'', the SLSDC is clarifying that no more than 4 mooring lines will 
be handled by Seaway personnel as part of the tie-up service. In 
addition, the change clarifies that tie-up service does not include let 
go service. In section 401.24, ``Application for preclearance'', the 
SLSDC is requiring that preclearance applications must be received by 
the SLSMC between 08:00-16:00 hours Monday through Friday and at least 
24 hours prior to the vessel's arrival.
    The other changes to the joint regulations are merely editorial or 
to clarify existing requirements.

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.

    Accordingly, the Saint Lawrence Seaway Development Corporation 
amends 33 CFR part 401 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 13089]]



0
2. 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. Maximum of 4 lines will be handled by Seaway personnel and 
the service does not include let go service.


0
3. In Sec.  401.11, revise paragraph (a) introductory text to read as 
follows:


Sec.  401.11  Fairleads.

    (a) Mooring lines shall:
* * * * *

0
4. In Sec.  401.12 revise paragraphs (a)(1) introductory text, 
(a)(1)(i), and (a)(2) to read as follows:


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

    (a) * * *
    (1) 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.
    ` (i) One shall lead forward and one shall lead astern from the 
break of the bow and one lead astern from the quarter.
* * * * *
    (2) Vessels of more than 150 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.
    (ii) One mooring line shall lead forward and one mooring line shall 
lead astern from the quarter.
* * * * *

0
5. Revise Sec.  401.24 to read 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 (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. The preclearance 
application must be received by the St. Lawrence Seaway between 08:00-
16:00 hours Monday through Friday excluding holidays and at least 24 
hours prior to arrival.


0
6. In Sec.  401.39, revise paragraph (a) as follows:


Sec.  401.39  Preparing mooring lines for passing through.

* * * * *
    (a) Winches shall be capable of paying out and heaving in at a 
minimum speed of 46 m per minute; and
* * * * *

0
7. In Sec.  401.40, revise paragraph (a) to read as follows:


Sec.  401.40  Entering, exiting, or position in lock.

    (a) Unless directed by the Manager and the Corporation, no vessel 
shall proceed into a lock in such a manner that the stem passes the 
stop symbol on the lock wall nearest the closed gates.
* * * * *

0
8. In Sec.  401.51, revise paragraph (b) to read as follows:


Sec.  401.51  Signaling approach to a bridge.

* * * * *
    (b) The signs referred to in paragraph (a) of this section are 
placed at distances varying between 550 m and 2990 m upstream and 
downstream from moveable bridges at sites other than lock sites.
* * * * *

0
9. In Sec.  401.57, revise paragraph (c) to read as follows:


Sec.  401.57  Disembarking or boarding.

* * * * *
    (c) Persons disembarking or boarding shall be assisted by a member 
of the vessel's crew under safe conditions.


0
10. In Sec.  401.65, revise paragraph (c) to read as follows:


Sec.  401.65  Communication--ports, docks and anchorages.

* * * * *
    (c) Every vessel prior to departing from a port, dock, or anchorage 
shall report to the appropriate Seaway station its destination and its 
expected time of arrival at the next check point.
* * * * *

    Issued at Washington, DC, on March 3, 2011. Saint Lawrence 
Seaway Development Corporation
Collister Johnson, Jr.,
Administrator.
[FR Doc. 2011-5423 Filed 3-9-11; 8:45 am]
BILLING CODE 4910-61-P