[Federal Register Volume 79, Number 18 (Tuesday, January 28, 2014)]
[Proposed Rules]
[Pages 4433-4436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01488]


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DEPARTMENT OF TRANSPORATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 401

[Docket No. SLSDC-2014-0001]
RIN 2135-AA33


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 changes will 
update the following sections of the Regulations and Rules: Condition 
of Vessels; Preclearance and Security for Tolls; Tolls Assessment and 
Payment; Seaway Navigation; Dangerous Cargo; Toll Assessment and 
Payment; and, Information and Reports. These amendments are necessary 
to take account of updated procedures and will enhance the safety of 
transits through the Seaway. Many of the amendments are merely 
editorial or for clarification of existing requirements.

DATES: Comments are due February 27, 2014.

ADDRESSES: Submit comments to http://www.Regulations.gov; or 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.
    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; Preclearance and Security 
for Tolls; Tolls Assessment and Payment; Seaway Navigation; Dangerous 
Cargo; Toll Assessment and Payment; 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.
    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 several sections of the Condition of Vessels 
portion of the joint Seaway regulations. In section 401.9, ``Radio 
Telephone Equipment'', the two Corporations are proposing to limit the 
degree of error for gyro and magnetic compasses. Under section 401.10, 
``Mooring lines'', the SLSDC is proposing to mandate the use of 
synthetic lines when using tie-up services at tie-up walls and docks. 
Currently the use of synthetic lines is optional. For safety purposes 
in section 401.14, ``Anchor marking buoys'', the SLSDC is proposing to 
amend the rules to require vessels to ensure that the anchor buoy is 
secured by a suitable line and ready to be released prior to entering 
the Seaway.
    In the Preclearance and Security for Tolls section, the Seaway 
Corporations are proposing to amend their joint rules in section 
401.22, ``Preclearance of vessels'', to require that past due invoices 
must be paid prior to transiting the Seaway. In addition, provisions 
are being proposed that would provide

[[Page 4434]]

representatives with the ability to obtain a continuous preclearance 
status.
    Several proposed revisions are being made in the Seaway Navigation 
portion of the regulations. In section 401.29, ``Maximum Draft,'' the 
SLSDC is proposing to require vessels to meet a minimum draft 
requirement. In addition, the two Corporations are proposing to require 
vessels to be equipped with an operational anchor. A proposal to 
require mooring lines on deck to be individually attended unless the 
vessel is equipped with side control is being made in section 401.46, 
``Attending lines.''
    In the Information and Reports section, a change to section 401.79, 
``Advance notice of arrival, vessels requiring inspection'' is being 
proposed that would require tall ships or vessels of an unusual design 
to undergo a Seaway yearly inspection.
    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 
proposes to amend 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.  401.2, redesignate paragraphs (b) through (r) as paragraphs 
(c) through (s) and add a new paragraph (b) to read as follows:


Sec.  401.2  Interpretation.

* * * * *
    (e) E-business means Web applications on the St. Lawrence Seaway 
Management Corporation Web site which provides direct electronic 
transmission of data to complete and submit application forms and 
transit data;
* * * * *
0
3. In Sec.  401.9, revise the section heading and add new paragraphs 
(c) and (d) to read as follows:


Sec.  401.9  Radio telephone and navigation equipment.

* * * * *
    (c) Gyro compass error greater than 2 degrees must be serviced 
prior to transiting the Seaway, and if noted during a Seaway transit, 
it must be reported to the nearest Seaway station and the gyro compass 
must be serviced at the first opportunity.
    (d) When magnetic compass error is greater than 5 degrees, the 
vessel is required to have the compass swung and a new deviation card 
produced, unless the ``record of deviations'' has been properly 
maintained and verified.
0
4. In Sec.  401.10, revise paragraph (c) to read as follows:


Sec.  401.10  Mooring lines.

* * * * *
    (c) Synthetic lines must be used for mooring at approach walls when 
using tie-up services at tie-up walls and docks within the Seaway.
* * * * *
0
5. In Sec.  401.13, revise paragraph (b) to read as follows:


Sec.  401.13  Hand lines.

* * * * *
    (b) Be of uniform thickness and have a diameter of not less than 12 
mm and not more than 17 mm and a minimum length of 30 m. The ends of 
the lines shall be back spliced or tapered; and
* * * * *
0
6 . Revise Sec.  401.14 to read as follows:


Sec.  401.14  Anchor marking buoys.

    (a) Every vessel shall have its anchors cleared and have the anchor 
marking buoys free to deploy (weak link to hold buoy line on board) 
with the buoy lines firmly secured to each anchor and ready to be 
released prior to entering the Seaway.
    (b) Every vessel shall deploy the anchor marking buoy when dropping 
an anchor in Seaway waters.
0
7. In Sec.  401.19, revise paragraph (a) and paragraph (b)(2) to read 
as follows:


Sec.  401.19  Disposal and discharge systems.

    (a) Every vessel not equipped with containers for ordure shall be 
equipped with a sewage disposal system enabling compliance with the 
Vessel Pollution and Dangerous Chemicals regulations (Canada), the U.S. 
Clean Water Act and the U.S. River and Harbor Act, and amendments 
thereto.
    (b) * * *
    (2) Retained on board in covered, leak-proof containers, until such 
time as it can be disposed of in accordance with the provisions of the 
Vessel Pollution and Dangerous Chemicals regulations (Canada), the U.S. 
Clean Water Act and the U.S. River and Harbor Act, and amendments 
thereto.
* * * * *
0
8. In Sec.  401.22, revise paragraphs (b)(2), (b)(3) and add a new 
paragraph (b)(4) to read as follows:


Sec.  401.22  Preclearance of vessels.

* * * * *
    (b) * * *
    (2) A change of representative of the vessel,
    (3) A material alteration in the physical characteristics of the 
vessel,

[[Page 4435]]

until another application for preclearance has been made and approved, 
or
    (4) Past due invoices by the representative as set out in Sec.  
401.75.
* * * * *
0
9. Revise Sec.  401.24 to read as follows:


Sec.  401.24  Application for preclearance.

    (a) 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 (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 form may also be 
completed and submitted on the Seaway Web site via e-business. 
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 Seaway inspection or vessel arrival.
    (b) For representatives benefitting from the exemption of security 
tolls as set out in Sec.  401.26(c) and Sec.  401.26(d), a continuous 
preclearance status may be assigned to all vessels under their 
responsibility. Validation of the continuous preclearance status will 
be required every 5 years.
    (c) For representatives with a valid security for tolls and a good 
payment history as set out in Sec.  401.26(c) and Sec.  401.26(d), a 
continuous preclearance status may be assigned to all vessels under 
their responsibility. Validation of the continuous preclearance status 
will be required every year.
    (d) In the event that a vessel under the representative's 
responsibility is modified or upgraded, an application for preclearance 
will be required to update the vessel's information and reset the 
vessel's preclearance status.
0
10. In Sec.  401.26, revise paragraphs (a)(2), (a)(3), (c), and (d) to 
read as follows:


Sec.  401.26  Security for tolls.

    (a) * * *
    (2) A letter of guarantee to the Manager given by a financial 
institution approved by the Manager; or
    (3) A letter of guarantee given to the Manager by an acceptable 
Bonding Company. Bonding Companies may be accepted if they:
* * * * *
    (c)(1) Where a number of vessels:
    (i) For each of which a preclearance has been given;
    (ii) Are owned or controlled by the same individual or company; and
    (iii) Have the same representative,
    (2) The security for the tolls may not be required if the 
individual, company or representative has paid every toll invoice 
received in the preceding five years within the period set out in Sec.  
401.75(a).
    (d) Notwithstanding paragraph (c) of this section, where a number 
of vessels, for each of which a preclearance has been given, are owned 
or controlled by the same individual or company and have the same 
representative, the security for the tolls may be reduced or eliminated 
provided the representative has paid every toll invoice received in the 
preceding five (5) years within the period set out in Sec.  401.75(a). 
Upon request from the Manager, the representative must provide the 
Manager with a financial statement that meets the requirements 
established by the Manager.
* * * * *
0
11. In Sec.  401.29 revise paragraph (b) to read as follows:


Sec.  401.29  Maximum draft.

* * * * *
    (b) The draft of a vessel shall meet a minimum draft requirement as 
defined at inspection on the ESI form and 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.
* * * * *
0
12. Revise Sec.  401.34 to read as follows:


Sec.  401.34  Vessels in tow.

    (a) No vessel that is not self-propelled (including but not limited 
to tug/tows and/or dead ship/tows) shall be underway in any Seaway 
waters unless it is securely tied to an adequate tug or tugs, in 
accordance with special instructions given by the Manager or the 
Corporation pursuant to Sec.  401.33 and must be equipped with an 
operational anchor.
    (b) Every vessel in tow has to be inspected prior to every transit 
unless it has a valid Seaway Inspection Certificate. The owner/master 
shall give a 24 hour notice of arrival when an inspection is required.
0
13. In Sec.  401.46 add new paragraph (c) to read as follows:


Sec.  401.46  Attending lines.

* * * * *
    (c) Mooring lines on deck must be individually attended unless the 
vessel is equipped with side control and visual contact must be 
maintained for signal from lock employees taking or letting go of 
mooring lines.
0
14. In Sec.  401.52 revise paragraph (b) to read as follows:


Sec.  401.52  Limit of approach to a bridge.

* * * * *
    (b) No vessel shall pass the limit of approach sign at the twin 
railway bridges on the South Shore Canal at Kahnawake, until both 
bridges are in a fully open position and both signal lights show green.
0
15. In Sec.  401.68, revise the section heading and paragraph (c) to 
read as follows:


Sec.  401.68  Explosives permission letter.

* * * * *
    (c) A written application for a Seaway Explosives Permission Letter 
certifying that the cargo is packed, marked and stowed in accordance 
with the Transportation of Dangerous Goods Regulations (Canada), the 
United States regulations under the Dangerous Cargo Act and the 
International Maritime Dangerous Goods Code, may be made to the St. 
Lawrence Seaway Management Corporation, 202 Pitt Street, Cornwall, 
Ontario, K6J 3P7, or to the Saint Lawrence Seaway Development 
Corporation, P.O. Box 520, Massena, New York, U.S.A. 13662.
* * * * *
0
16. In Sec.  401.74, revise paragraphs (a) and (f) to read as follows:


Sec.  401.74  Transit Declaration.

    (a) A Seaway Transit Declaration Form (Cargo and Passenger) shall 
be forwarded to the Manager by the representative of a vessel, for each 
vessel that has an approved preclearance except non-cargo vessels, 
within fourteen (14) days after the vessel enters the Seaway on any up 
bound or down bound transit. The form may be obtained from the St. 
Lawrence Management Corporation, 151 Ecluse Street, St. Lambert, 
Quebec, J4R 2V6 or downloaded from the St. Lawrence Seaway Web site at 
www.greatlakes-seaway.com. The form may also be completed and submitted 
on the Seaway Web site via e-business.
* * * * *
    (f) Seaway Transit Declaration Forms shall be used in assessing 
toll charges in accordance with the St. Lawrence Seaway Schedule of 
Tolls, and toll accounts shall be forwarded to the representative or 
its designated agent.
* * * * *
0
17. In Sec.  401.75, revise paragraph (b) and add a new paragraph (d) 
to read as follows:


Sec.  401.75  Payment of tolls.

* * * * *

[[Page 4436]]

    (b) Tolls established by agreement between Canada and the United 
States, and known as the St. Lawrence Seaway Schedule of Tolls, shall 
be paid by pleasure crafts with prepaid tickets purchased in Canadian 
funds using credit card ticket dispensers located at pleasure craft 
docks or Paypal on the Seaway Web site. At U.S. locks, the toll is paid 
in U.S. funds or the pre-established equivalent in Canadian funds or 
through payment via Pay.gov on the Seaway Web site.
* * * * *
    (d) Vessel representatives with past due toll accounts, unpaid 
after 45 days, may be subject to the suspension of preclearance for 
each vessel of which a preclearance has been given and/or the immediate 
removal of the waved security for the toll charges set in Sec.  
401.26(c) and Sec.  401.26(d.)
0
18. In Sec.  401.79, add a new paragraph (b)(5) to read as follows:


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

* * * * *
    (b) * * *
    (5) A tall ship or vessel of an unusual design is subject to Seaway 
yearly inspection.

    Issued at Washington, DC, on January 22, 2014. Saint Lawrence 
Seaway Development Corporation.
Carrie Lavigne,
Chief Counsel.
[FR Doc. 2014-01488 Filed 1-27-14; 8:45 am]
BILLING CODE 4910-61-P