[Federal Register Volume 87, Number 44 (Monday, March 7, 2022)]
[Rules and Regulations]
[Pages 12590-12592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04218]


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DEPARTMENT OF TRANSPORTATION

Great Lakes St. Lawrence Seaway Development Corporation

33 CFR Part 401

RIN 2135-AA51


Seaway Regulations and Rules: Periodic Update, Various Categories

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: Condition 
of Vessels; Seaway Navigation; and, Dangerous Cargo. These changes are 
to clarify existing requirements in the regulations.

DATES: This rule is effective on March 21, 2022.

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, 
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

[[Page 12591]]

Regulations and Rules: Condition of Vessels; Seaway Navigation; and, 
Dangerous Cargo. These changes are to clarify existing requirements in 
the regulations.
    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 21, 
2022. 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 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 is revised 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
2. Revise Sec.  401.8 to read as follows:


Sec.  401.8   Landing Booms.

    (a) Vessels of more than 50 m in overall length shall be equipped 
with at least one adequate landing boom on each side which are to be in 
compliance with applicable regulations.
    (b) Vessel's crews shall be adequately trained in the use of 
landing booms for the purpose of landing crew ashore.
    (c) Vessels with a freeboard less than 2 meters are not required to 
be equipped with landing booms.
    (d) Vessels not equipped with landing booms shall make arrangements 
with a ``Tie-Up Service'' provider for tie-up and let-go at Seaway 
Approach walls prior to commencing transit of the Seaway.
    (e) Vessels shall have onboard for inspection a copy of the test 
certificate for each landing boom.


Sec.  401.10   [Amended]

0
3. Amend Sec.  401.10 by removing and reserving paragraph (c).


0
4. Amend Sec.  401.20 by revising 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 Satellite Based 
Augmentation System (SBAS); or
* * * * *

0
5. Amend Sec.  401.58 by revising paragraph (b) to read as follows:


Sec.  401.58  Pleasure craft scheduling.

* * * * *
    (b) Every pleasure craft seeking to transit Canadian Locks shall 
first make a reservation on the Seaway website.

0
6. Amend Sec.  401.73 by adding a heading to paragraph (a) and revising 
paragraph (b) to read as follows:


Sec.  401.73  Cleaning tanks--hazardous cargo vessels.

    (a) Prohibitions. * * *
* * * * *
    (b) Hot Work Permission. Permission is granted under the following 
conditions:
    (1) Copy of ship's ``Hot Work Permit'' provided to SLSMC at 
([email protected] & [email protected]) before welding 
commences;
    (2) Name of company performing the hot work;
    (3) Effective fire watch is maintained;
    (4) Welding operations shall temporarily cease during ship meets 
and lockages;
    (5) Welding operations shall cease at the direction of a Traffic 
Controller; and
    (6) All sparks and/or flames to be contained on the ship.
* * * * *

0
7. Amend Sec.  401.75 by revising paragraph (b) to read as follows:


Sec.  401.75   Payment of tolls.

* * * * *
    (b) Fees, 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 for the transits of each Canadian lock using 
the pleasure craft reservation system available on the Seaway website. 
At U.S. locks, the fee is paid in U.S. funds or the pre-established 
equivalent in Canadian funds or through payment via Pay.gov on the 
Seaway website.
* * * * *


[[Page 12592]]


    Issued at Washington, DC, under authority delegated at 49 CFR 
part 1.101.
Carrie Lavigne,
Chief Counsel.
[FR Doc. 2022-04218 Filed 3-4-22; 8:45 am]
BILLING CODE 4910-61-P