[Federal Register Volume 78, Number 50 (Thursday, March 14, 2013)]
[Rules and Regulations]
[Pages 16180-16182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05933]


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DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 401

[Docket No. SLSDC-2013-0001; 2135-AA31]


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 Regulations and Rules: Condition 
of Vessels; Seaway Navigation; Dangerous Cargo; and, Information and 
Reports. 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. The joint regulations will become effective in 
Canada on March 31, 2013. 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.

DATES: The rule will become effective on March 31, 2013.

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, Washington, DC 20590-001, 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 will update the following sections of the 
Regulations and Rules: Condition of Vessels; Seaway Navigation; 
Dangerous Cargo; and, Information and Reports. 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 made, an explanation for such a change 
is provided below. The joint regulations will become effective in 
Canada on March 31, 2013. 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 SLSDC is amending two sections of the Condition of Vessels 
portion of the joint Seaway regulations. Under section 401.10, 
``Mooring lines'', the SLSDC is providing flexibility to vessels by 
allowing the use of soft lines with a diameter not greater than 64 mm. 
For safety purposes in section 401.14, ``Anchor marking buoys'', the 
SLSDC is amending the rules to require vessels to deploy an anchor 
marking buoy when dropping anchor in the Seaway.
    In the Seaway Navigation section, the Seaway Corporations are 
amending their joint rules in section 401.49, ``Dropping anchor or 
tying to a canal'', to require every anchor to be suitably rigged for 
immediate release, holding, and efficient retrieval. Currently, some 
tug and barge combinations are not equipped with a windlass or other 
means to retrieve an anchor and therefore must retrieve the anchor 
using ``block and tackle'' arrangements, which are not suitable for 
anchor retrieval. One comment was received which inquired whether there 
is sufficient and common knowledge that block and tackle arrangements 
are not suitable under this section. Since 2000, the Canadian Seaway in 
its Seaway Handbook has required that a stern ``anchor shall be 
suitably rigged for immediate release, holding and efficient 
retrieval.'' There have been several instances where a vessel and/or 
barge had inoperative windlasses or winch systems. While it was easy 
for the vessel to release an anchor, there were many times that it took 
several hours to retrieve the anchor. Block and tackle arrangements are 
not suitable to use in Seaway waters

[[Page 16181]]

where the channel is narrow and one vessel can block the channel for 
hours resulting in delays to other traffic and putting other vessels in 
an unsafe condition or location because the other vessel or barge is 
using block and tackle to retrieve an anchor. This requirement applies 
to both emergency and authorized anchorings.
    In the Dangerous Cargo section, the rules are amended to require 
that before any hot work, which is defined as any work that uses flame 
or than can produce a source of ignition, cutting or welding, can be 
carried out on any vessels at SLSMC approach walls or wharfs, a written 
request must be sent to the SLSMC. In addition, the rules specify 
requirements for tankers performing hot work. Such vessels must be gas 
free or have their tanks inerted in order to obtain clearance from the 
SLSMC Traffic Control Center.
    In the Information and Reports section, a change to section 401.79, 
``Advance notice of arrival, vessels requiring inspection'' is made. 
The amendments will require tug and barge combinations not on the 
``Seaway Approved Tow'' list to be inspected prior to every transit of 
the Seaway unless they are provided with a valid Inspection Report for 
a round trip transit.
    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 that 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 proposal 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 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.  401.10, revise paragraph (a)(2); and add a new paragraph 
(e) to read as follows:


Sec.  401.10  Mooring lines.

    (a) * * *
    (2) Have a diameter not greater than 28 mm for wire line and not 
greater than 64 mm for approved synthetic lines;
* * * * *
    (e) Hand held synthetic lines if permitted by the Manager or 
Corporation shall meet the criteria in paragraph (a) of this section 
and shall have a minimum length of not less than 65 meters.
* * * * *

0
3. Revise Sec.  401.14 to read as follows:


Sec.  401.14  Anchor marking buoys.

    (a) A highly visible anchor marking buoy of a type approved by the 
Manager and the Corporation, fitted with 22 m of suitable line, shall 
be secured directly to each anchor so that the buoy will mark the 
location of the anchor when the anchor is dropped.
    (b) Every vessel shall deploy the anchor marking buoy when dropping 
an anchor in Seaway waters.

0
4. In Sec.  401.28, revise paragraph (d) to read as follows:


Sec.  401.28  Speed limits.

* * * * *
    (d) Notwithstanding the above speed limits, every vessel 
approaching a free standing lift bridge shall proceed at a speed so 
that it will not pass the Limit of Approach sign should the raising of 
the bridge be delayed.

0
5. Revise Sec.  401.29 to read as follows:


Sec.  401.29  Maximum draft.

    (a) Notwithstanding any provision herein, the loading of cargo, 
draft and speed of a vessel in transit shall be controlled by the 
master, who shall take into account the vessel's individual 
characteristics and its tendency to list or squat, so as to avoid 
striking bottom.\1\
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    \1\ The main channels between the Port of Montreal and Lake Erie 
have a controlling depth of 8.23m.
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    (b) The draft of a vessel shall not, in any case, exceed 79.2 dm or 
the maximum permissible draft designated in a Seaway Notice by the 
Manager and the Corporation for the part of the Seaway in which a 
vessel is passing.
    (c) Any vessel equipped with an operational Draft Information 
System (DIS) verified by a member of the International Association of 
Classification Societies (IACS) as compliant with the Implementation 
Specifications found at http://www.greatlakes-seaway.com and having 
onboard the items listed in paragraphs (c)(1) through (5) of this 
section will be permitted, when using the DIS, subject to paragraph (a) 
of this section, to increase their draft by no more than 7 cm above the 
maximum permissible draft prescribed under paragraph (b) of this 
section in effect at the time:
    (1) An operational AIS with accuracy=1 (DGPS); and
    (2) Up-to-date electronic navigational charts; and
    (3) Up-to-date charts containing high-resolution bathymetric data, 
and
    (4) The DIS Display shall be located as close to the primary 
conning position and be visible and legible; and
    (5) A pilot plug, if using a portable DIS.

[[Page 16182]]

    (d) Verification document of the DIS must be kept on board the 
vessel at all times and made available for inspection.
    (e) A company letter attesting to officer training on use of the 
DIS must be kept on board and made available for inspection.
    (f) Any vessel intending to use the DIS must notify the Manager or 
the Corporation in writing at least 24-hours prior to commencement of 
its initial transit in the System with the DIS.
    (g) Any vessel intending to use the DIS to transit at a draft 
greater than the maximum permissible draft prescribed under paragraph 
(b) of this section in effect at the time, for subsequent transits must 
fax a completed confirmation checklist found at www.greatlakes-seaway.com to the Manager or the Corporation prior to its transit.
    (h) If for any reason the DIS or AIS becomes inoperable, 
malfunctions, or is not used while the vessel is transiting at a draft 
greater than the maximum permissible draft prescribed under paragraph 
(b) of this section in effect at the time, the vessel must notify the 
Manager or the Corporation immediately.
0
6. Revise Sec.  401.49 to read as follows:


Sec.  401.49  Dropping anchor or tying to canal bank.

    Except in an emergency, no vessel shall drop anchor in any canal or 
tie-up to any canal bank unless authorized to do so by the traffic 
controller. Every anchor shall be suitably rigged for immediate 
release, holding and efficient retrieval.


0
7. Revise Sec.  401.73 to read as follows:


Sec.  401.73  Cleaning tanks--hazardous cargo vessels.

    (a) Cleaning and gas freeing of tanks shall not take place:
    (1) In a canal or a lock;
    (2) In an area that is not clear of other vessels or structures; 
and
    (3) Before gas freeing and tank cleaning has been reported to the 
nearest Seaway station.
    (b) Hot work permission. Before any hot work, defined as any work 
that uses flame or that can produce a source of ignition, cutting or 
welding, is carried out by any vessel on any designated St. Lawrence 
Seaway Management Corporation (SLSMC) approach walls or wharfs, a 
written request must be sent to the SLSMC, preferably 24 hours prior to 
the vessel's arrival on SLSMC approach walls or wharfs. The hot work 
shall not commence until approval is obtained from an SLSMC Traffic 
Control Center.
    (c) Special requirements for tankers performing hot work. Prior to 
arriving at any SLSMC designated approach wall or wharf, a tanker must 
be gas free or have tanks inerted. The gas-free certificate must be 
sent to the SLSMC Traffic Control Center in order to obtain clearance 
for the vessel to commence hot work.


0
8. In Sec.  401.79 revise paragraph (b)(4) to read as follows:


Sec.  401.79  Advance notice of arrival, vessels requiring inspection.

* * * * *
    (b) * * *
    (4) Tug/barge combinations not on the ``Seaway Approved Tow'' list 
are subject to Seaway inspection prior to every transit of the Seaway 
unless provided with a valid Inspection Report for a round trip 
transit.

     Issued at Washington, DC on March 11, 2013. Saint Lawrence 
Seaway Development Corporation.
Craig H. Middlebrook,
Acting Administrator.
[FR Doc. 2013-05933 Filed 3-13-13; 8:45 am]
BILLING CODE 4910-61-P