[Federal Register Volume 81, Number 50 (Tuesday, March 15, 2016)]
[Rules and Regulations]
[Pages 13744-13747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05798]


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DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 401

[Docket No. SLSDC-2016-0004]
RIN 2135-AA39


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; 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.

DATES: This final rule will be effective on March 21, 2016.

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; 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. A Notice of Proposed 
Rulemaking was published in the Federal Register on February 5, 2016 
(81 FR 6198). No comments were received. The joint regulations will 
become effective in Canada on March 21, 2016. 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 four sections of the Condition of Vessels 
portion of the joint Seaway regulations. In Sec.  401.10, ``Mooring 
lines'', the two Corporations are permitting vessels not greater than 
200 m in overall length to use soft lines instead of wire lines. Over 
the past 3 years, vessels greater than 150 m in overall length have 
been permitted to use type approved soft lines on a test basis, with 
successful results. Based on these same results, the SLSDC is amending 
Sec.  401.11, ``Minimum Requirements--mooring lines and fairleads'' to 
permit the operator of

[[Page 13745]]

vessels of more than 150 m but not more than 200 m to use either soft 
or wire lines.
    In Sec.  401.13, ``Hand lines'', the SLSDC is changing the maximum 
diameter of hand lines to 18 mm from 17 mm due to the fact that 17 mm 
lines are no longer available. The change to Sec.  401.17, ``Pitch 
indicators and alarms,'' will make a minor administrative change by 
removing the effective date for the requirement.
    In the Seaway Navigation portion of the regulations, the two 
Corporations are making changes in several sections. Section 401.29, 
``Maximum draft'', is restructured in order to clarify the requirements 
for use of an operational Draft Information System. In Sec.  401.37, 
``Mooring at tie-up walls'', the Seaway Corporations are requiring that 
crew members handling lines on tie-up walls wear approved personal 
flotation devices instead of life jackets that can be can be unsafe due 
to their bulky nature. The SLSDC is changing the requirement in Sec.  
401.45, ``Emergency procedures'', to make clear that when a vessel is 
entering the locks too fast in an emergency situation, the vessel will 
not be required to deploy mooring lines.
    In the Information and Reports section, a change to Sec.  401.79, 
``Advance notice of arrival, vessels requiring inspection'' is being 
made that would require all foreign flagged vessels of 300 GRT or above 
to submit an electronic Notice of 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 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 who 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 have 
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 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:
0
a. Revise paragraph (b); and
0
b. In the table in paragraph (d), revise the fifth entry.
    The revisions read as follows:


Sec.  401.10  Mooring lines.

* * * * *
    (b) Unless otherwise permitted by an officer, vessels greater than 
200 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.
* * * * *
    (d) * * *

                                  Table
------------------------------------------------------------------------
                                    Length of mooring
      Overall length of ships              line        Breaking strength
------------------------------------------------------------------------
 
                              * * * * * * *
More than 180 m but not more than   110 m............  35 MT.
 225.5 m.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

0
3. In Sec.  401.12, revise paragraph (a) 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 to mooring lines which shall be available for 
securing on either side of the vessel, winches and the location of 
fairleads on vessels are as follows:
    (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.
    (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 may be hand held or if wire line is used 
shall be powered. The line shall lead astern

[[Page 13746]]

from the break of the bow through a closed chock to suitable bitts on 
deck for synthetic line or led from a capstan, winch drums or windlass 
to an approved fairlead for a wire line.
    (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.
    (i) All lines shall be led through closed chocks or fairleads 
acceptable to the Manager and the Corporation.
    (ii) One mooring line shall lead forward and one shall lead astern 
from the break of the bow and one mooring line shall lead astern from 
the quarter.
    (3) Vessels of more than 150 m but not more than 200 m in overall 
length shall have four mooring lines, wires or synthetic hawsers, which 
shall be independently power operated by winches.
    (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.
    (iii) All lines shall be led through a type of fairlead acceptable 
to the Manager and the Corporation.
    (4) Vessels of more than 200 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.
    (iii) All lines shall be led through a type of fairlead acceptable 
to the Manager and the Corporation.
    (5) Every vessel shall have a minimum of two spare mooring lines 
available and ready for immediate use.
* * * * *

0
4. 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 18 mm and a minimum length of 30 m. The ends of 
the lines shall be back spliced or tapered; and
* * * * *

0
5. In Sec.  401.17, revise paragraph (b) to read as follows:


Sec.  401.17  Pitch indicators and alarms.

* * * * *
    (b) Visible and audible pitch alarms, with a time delay of not 
greater than 8 seconds, in the wheelhouse and engineer room to indicate 
wrong pitch.
* * * * *

0
6. In Sec.  401.29, revise paragraph (c) and remove paragraphs (d) 
through (h) to read as follows:


Sec.  401.29  Maximum draft.

* * * * *
    (c) Any vessel will be permitted to load at an increased draft of 
not more than 7 cm above the maximum permissible draft in effect as 
prescribed under paragraph (b) of this section if it is equipped with a 
Draft Information System (DIS) and meets the following:
    (1) An operational Draft Information System (DIS) approved by a 
member of the International Association of Classification Societies 
(IACS) as compliant with the Implementation Specifications found at 
www.greatlakes-seaway.com and having on board:
    (i) An operational AIS with accuracy = 1 (DGPS); and
    (ii) Up-to-date electronic navigational charts; and
    (iii) Up-to-date charts containing high resolution bathymetric 
data; and
    (2) The DIS Tool Display shall be located close to the primary 
conning position, be visible and legible; and equipped with a pilot 
plug, if using a portable DIS.
    (i) Verification document of the DIS must be kept on board the 
vessel at all times and made available for inspection.
    (ii) A company letter attesting to officer training on use of the 
DIS must be kept on board and made available for inspection.
    (iii) In every navigation season, a vessel intending to use the DIS 
must notify the Manager of the Corporation in writing at least 24 hours 
prior to the commencement of its initial transit in the System with the 
DIS.
    (iv) 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
7. In Sec.  401.37, revise paragraph (b) to read as follows:


Sec.  401.37  Mooring at tie-up walls.

* * * * *
    (b) Crew members being put ashore on landing booms and handling 
mooring lines on tie-up walls shall wear approved personal flotation 
devices.
* * * * *

0
8. Revise Sec.  401.44 to read as follows:


Sec.  401.44  Mooring in locks.

    (a) Mooring lines shall only be placed on mooring posts as directed 
by the officer in charge of the mooring operation.
    (b) No winch from which a mooring line runs shall be operated until 
the officer in charge of a mooring operation has signaled that the line 
has been placed on a mooring post.
    (c) Once the mooring lines are on the mooring posts, lines shall be 
kept slack until the ``all clear'' signal is given by the lock 
personnel. When casting off signal is received, mooring lines shall be 
kept slack until the ``all clear'' signal is given by the lock 
personnel.
    (d) Vessels being moored by ``Hands Free Mooring'' system (HFM) 
shall have a minimum of 2 well rested crew members on deck during the 
lockage.

0
9. Revise Sec.  401.45 to read as follows:


Sec.  401.45  Emergency procedure.

    When the speed of a vessel entering a lock chamber has to be 
checked, the master shall take all necessary precautions to stop the 
vessel in order to avoid contact with lock structures. At no time shall 
the vessel deploy its anchors to stop the vessel when entering a lock 
chamber.

0
10. Revise Sec.  401.47 to read as follows:


Sec.  401.47  Leaving a lock.

    (a) Mooring lines shall only be cast off as directed by the officer 
in charge of a mooring operation.
    (b) No vessel shall proceed out of a lock until the exit gates, 
ship arresters and the bridge, if any, are in a fully open position.
    (c) When ``Hands Free Mooring system (HFM) is used, no vessel shall 
use its engine(s) until the lock operator provides the ``all clear'' 
instruction.


(68 Stat. 93-96, 33 U.S.C. 981-990, as amended and secs. 4, 5, 6, 7, 8, 
12 and 13 of sec. 2 of Pub. L. 95-474, 92 Stat. 1471)

0
11. In Sec.  401.79, revise paragraph (a) introductory text to read as 
follows:


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

    (a) Advance notice of arrival. All foreign flagged vessels of 300 
GRT or above intending to transit the Seaway shall submit a completed 
electronic Notice of Arrival (NOA) prior to entering at call in point 2 
(CIP2) as follows:
* * * * *

0
12. In Sec.  401.80, add paragraph (c) to read as follows:


Sec.  401.80  Reporting dangerous cargo.

* * * * *

[[Page 13747]]

    (c) Vessels carrying ``Certain Dangerous Cargo'' (CDC) as defined 
in the United States Coast Guard regulations 33 CFR 160.202, which is 
the same as the definition in the Transport Canada ``Marine 
Transportation Security Regulations'' (MTSR's), shall report the 
``Certain Dangerous Cargo'' to the nearest Seaway station prior to a 
Seaway transit.
* * * * *

0
13. In appendix I to subpart A, revise the Caution statement to read as 
follows:

Appendix I to Subpart A of Part 401--Vessel Dimensions

* * * * *
    Caution: Masters must take into account the ballast draft of the 
vessel when verifying the maximum permissible dimensions. Bridge 
wings, antennas, masts and, in some cases, the samson posts or store 
cranes could be outside the limits of the block diagram and could 
override the lock wall. Masters and pilots must take this into 
consideration and exercise extreme caution when entering or exiting 
locks to ensure that the vessel does not contact any of the 
structures on the lock.
* * * * *

    Issued at Washington, DC, on March 10, 2016.

Saint Lawrence Seaway Development Corporation.
Carrie Lavigne,
Chief Counsel.
[FR Doc. 2016-05798 Filed 3-14-16; 8:45 am]
 BILLING CODE 4910-61-P