[Federal Register Volume 86, Number 54 (Tuesday, March 23, 2021)]
[Rules and Regulations]
[Pages 15411-15413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05504]


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DEPARTMENT OF TRANSPORTATION

Great Lakes St. Lawrence Seaway Development Corporation

33 CFR Part 401

RIN 2135-AA49


Seaway Regulations and Rules

AGENCY: Great Lakes St. Lawrence Seaway Development Corporation, DOT.

ACTION: Final rule.

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SUMMARY: The Great Lakes St. Lawrence Seaway Development Corporation 
(GLS) 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 GLS is amending the joint regulations by 
updating the Regulations and Rules in various categories. The changes 
update the following sections of the Regulations and Rules: 
Interpretations; Condition of Vessels; Seaway Navigation; Dangerous 
Cargo; and Schedule II. These changes are to clarify existing 
requirements in the regulations. In addition, Congress renamed the 
Saint Lawrence Seaway Development Corporation (SLSDC) as the Great 
Lakes St. Lawrence Seaway Development Corporation (GLS) as part of the 
2021 Consolidated Appropriations Act, signed into law on December 27, 
2020. The joint regulations are being amended to reflect the name 
change.

DATES: This rule is effective on March 24, 2021.

ADDRESSES: 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

[[Page 15412]]

a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Carrie Mann Lavigne, Chief Counsel, 
Great Lakes St. Lawrence Seaway Development Corporation, 180 Andrews 
Street, Massena, New York 13662; 315/764-3200.

SUPPLEMENTARY INFORMATION: The Great Lakes St. Lawrence Seaway 
Development Corporation (GLS) 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 GLS is amending the 
joint regulations by updating the Regulations and Rules in various 
categories. The changes update the following sections of the 
Regulations and Rules: Interpretations; Condition of Vessels; Seaway 
Navigation; Dangerous Cargo; and Schedule II. These changes are to 
clarify existing requirements in the regulations. In addition, Congress 
renamed the Saint Lawrence Seaway Development Corporation (SLSDC) as 
Great Lakes St. Lawrence Seaway Development Corporation (GLS) as part 
of the 2021 Consolidated Appropriations Act (Section 512 of Division AA 
of Pub. L. 116-260), signed into law on December 27, 2020. The joint 
regulations are being amended to reflect the name change.
    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 joint regulations will become effective in Canada on March 24, 
2021. For consistency, because these are joint regulations under 
international agreement, and to avoid confusion among users of the 
Seaway, the GLS finds that there is good cause to make the U.S. version 
of the amendments effective on the same date.

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 Great Lakes St. Lawrence Seaway Development 
Corporation, under the authority of 33 U.S.C. 981, amends Chapter IV of 
title 33 of the Code of Federal Regulations as follows:

0
1. Revise the heading of chapter IV to read as follows:

Chapter IV--Great Lakes St. Lawrence Seaway Development Corporation, 
Department of Transportation

PART 401--SEAWAY REGULATIONS AND RULES

Subpart A--Regulations

0
2. 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 
1.101, unless otherwise noted.


0
3. In Sec.  401.2, revise paragraph (a) to read as follows:


Sec.  401.2  Interpretation.

* * * * *
    (a) Corporation means the Great Lakes St. Lawrence Seaway 
Development Corporation.
* * * * *

0
4. In Sec.  401.14 revise the heading and add paragraph (c) to read as 
follows:


Sec.  401.14  Anchors, Anchor Marking Buoys.

* * * * *
    (c) Every vessel shall be equipped with operational anchor(s) 
suitably rigged for immediate release, holding, and retrieval. Every 
vessel shall be responsible for locating and retrieving any anchor 
deployed by the vessel and shall do so in a timely manner so as not to 
delay transit of vessels.

0
5. In Sec.  401.20 revise paragraph (b)(6) to read as follows:


Sec.  401.20  Automatic Identification System.

* * * * *
    (b) * * *
    (6) Computation of AIS position reports using differential GPS 
corrections from Canadian Coast Guard's maritime Differential Global 
Position System (DGPS) radio beacon services or Wide Area Augmentation 
System (WAAS); or
* * * * *

0
6. In Sec.  401.29 revise paragraph (c)(1)(i) to read as follows:


Sec.  401.29  Maximum draft.

* * * * *
    (c) * * *
    (1) * * *
    (i) An operational AIS with accuracy approved by the Seaway; and
* * * * *

0
7. In Sec.  401.72 revise paragraph (g) to read as follows:


Sec.  401.72  Reporting--explosive and hazardous cargo vessels.

* * * * *
    (g) If a Safety Data Sheet (SDS) on a hazardous cargo that a vessel 
is carrying

[[Page 15413]]

is not available in a Seaway Traffic Control Center, the vessel shall 
provide information enabling the preparation of an SDS.
* * * * *

0
8. In schedule II to subpart A of part 401, under ``Table of Speeds,'' 
revise the entries for ``3. Upper Entrance, Upper Beauharnois Lock,'' 
and ``4. Lake St. Francis D1'' to read as follows:
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    \1\ Maximum speeds at which a vessel may travel in the 
identified area in both normal and high water conditions are set out 
in this schedule. The Manager and the Corporation will, from time to 
time, designate the set of speed limits that is in effect.

                             Schedule II to Subpart A of Part 401--Table of Speeds 1
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                                                                      Maximum speed over the bottom, knots
               From--                           To--          --------------------------------------------------
                                                                       Col. III                  Col. IV
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                                                  * * * * * * *
3. Upper Entrance, Upper Beauharnois  Lake St. Francis D1....  9 (upb); 10. 5 (dnb)....  11 (upb); 13 (dnb)
 Lock.
4. Lake St. Francis D1..............  Lake St. Francis D49...  12......................  12
 
                                                  * * * * * * *
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    Issued at Washington, DC, under authority delegated at 49 CFR 
part 1.101--Great Lakes St. Lawrence Seaway Development Corporation.
Carrie Lavigne,
Chief Counsel.
[FR Doc. 2021-05504 Filed 3-22-21; 8:45 am]
BILLING CODE 4910-61-P