[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Rules and Regulations]
[Pages 14266-14268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04503]


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DEPARTMENT OF TRANSPORTATION

Great Lakes St. Lawrence Seaway Development Corporation

33 CFR Part 401

RIN 2135-AA53


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. These changes 
are to clarify existing requirements in the regulations.

DATES: This rule is effective on March 22, 2023.

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 
Regulations and Rules: Condition of Vessels, Seaway Navigation, Radio 
Communications, Dangerous Cargo, General. 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 22, 
2023. For consistency, because these are joint regulations under 
international agreement, and to avoid confusion

[[Page 14267]]

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 is amending 33 CFR part 401 as follows:

PART 401--SEAWAY REGULATIONS AND RULES

Subpart A--Regulations

0
1. Amend Sec.  401.7 by revising paragraph (a)(1) to read as follows:


Sec.  401.7  Fenders.

    (a) * * *
    (1) That are made of steel, are of a thickness not exceeding 15 cm, 
with well tapered ends, and are located along the hull, close to the 
main deck level; and
* * * * *

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 and a freeboard of 
2m or more shall either be equipped with landing booms or make 
provisions for tie-up service at the approach walls.
    (b) For vessels with landing booms:
    (1) Vessel must be equipped with an adequate landing boom on each 
side;
    (2) Landing booms must be in compliance with applicable 
regulations;
    (3) Vessel's crews shall be adequately trained in the use of 
landing booms for the purpose of landing crew ashore.
    (4) Vessel must have onboard for inspection the following 
documents:
    (i) A copy of the test certificates for each of the landing booms 
from either a classification society or a third party, dated within 5 
years;
    (ii) Documents to demonstrate appropriate training;
    (iii) Documented tests and maintenance records of landing boom 
equipment.
    (c) Vessels not equipped with or not using landing booms shall make 
arrangements with a third party tie-up service provider for tie-up at 
Seaway Approach walls at the Canadian Locks prior to commencing transit 
of the Seaway.

0
3. Amend Sec.  401.9 by revising paragraph (c) 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, if noted during a Seaway transit, it 
must be reported to the nearest Seaway station and the gyro compass 
must be serviced at first opportunity.
* * * * *

0
4. Amend Sec.  401.14 by revising paragraph (a) to read as follows:


Sec.  401.14  Anchors, Anchor Marking Buoys.

    (a) Every vessel shall have their anchors cleared and ready to be 
released prior to entering the Seaway.
* * * * *

0
5. Amend Sec.  401.20 by revising paragraphs (b)(2), (b)(3), and (b)(6) 
through (8) to read as follows:


Sec.  401.20  Automatic Identification System.

* * * * *
    (b) * * *
    (2) International Telecommunication Union, ITU-R Recommendation 
M.1371-5: 2014, Technical Characteristics For A Universal Shipborne AIS 
Using Time Division Multiple Access In The VHF Maritime Mobile Band, as 
amended;
    (3) International Electrotechnical Commission, IEC 61993-2 Ed.3, 
Maritime Navigation and Radio Communication Equipment and Systems--
AIS--Part 2: Class A Shipborne Equipment of the Universal AIS--
Operational and Performance Requirements, Methods of Test and Required 
Test Results, as amended;
* * * * *
    (6) Computation of AIS position reports using a Satellite Based 
Augmentation System (SBAS); or
    (7) The use of a temporary unit meeting the requirements of 
subparagraphs (b)(1) through (6) of this section is permissible; or
    (8) For each vessel with LOA less than 30 meters, the use of 
portable AIS compatible with the requirements of subparagraphs (b)(1) 
through (3) and subparagraphs (5) and (6) of this section is 
permissible.

0
6. Amend Sec.  401.28 by redesignating paragraph (d) as paragraph (e) 
and adding new paragraph (d) to read as follows:


Sec.  401.28  Speed limits.

* * * * *
    (d) Every vessel passing a moored vessel or equipment working in a 
canal shall proceed at a speed that will not endanger the moored 
vessel, the moored equipment or the occupants of either.
* * * * *

0
7. Amend Sec.  401.29 by adding paragraph (c)(1)(iv) and revising 
paragraphs (c)(2) introductory text and (c)(2)(iii) to read as follows:


Sec.  401.75  Maximum draft.

* * * * *
    (c) * * *
    (1) * * *
    (iv) Vessels equipped with a bow thruster shall have it 
operational.

[[Page 14268]]

    (2) The DIS Tool Display shall be located as close to the primary 
conning position and be visible and legible.
* * * * *
    (iii) Any vessel intending to use the DIS for the first time 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 
in order to arrange for appropriate testing for approval to use the 
DIS.
* * * * *

0
8. Amend Sec.  401.40 by revising paragraph (d) to read as follows:


Sec.  401.40   Entering, exiting or position in lock.

* * * * *
    (d) No vessel shall use thrusters when passing a lock gate or a 
Hands Free Mooring (HFM) unit.
* * * * *

0
9. Amend Sec.  401.44 by revising paragraph (d) to read as follows:


Sec.  401.44  Mooring in locks.

* * * * *
    (d) Vessels being moored by ``Hands Free Mooring'' system (HFM) or 
passing through a lock without the use of mooring lines shall have a 
minimum of one well rested crew member on deck during the lockage to 
assist the Bridge team.
* * * * *

0
10. Amend Sec.  401.65 by adding paragraph (d) to read as follows:


Sec.  401.65  Communication--ports, docks and anchorages.

* * * * *
    (d) Every vessel intending to conduct a dive operation at a dock, 
wharf or approach wall shall provide a 24-hour minimum notice of diving 
operations to the appropriate Seaway Traffic Control Center.
* * * * *

0
11. Amend Sec.  401.68 by revising 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 Great Lakes St. Lawrence Seaway Development 
Corporation, P.O. Box 520, Massena, New York, U.S.A., 13662.
* * * * *

0
12. Amend Sec.  401.73 by revising paragraph (b) introductory text, 
redesignating paragraphs (b)(1) through (6) as paragraph (b)(1)(i) 
through (vi) and adding (b)(1) introductory text to read as follows:


Sec.  401.73  Cleaning tanks--hazardous cargo vessels.

* * * * *
    (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 a SLSMC Traffic 
Control Center.
    (1) Permission is granted under the following conditions:
* * * * *

0
13. Amend Sec.  401.90 by revising paragraph (a)(1) to read as follows:


Sec.  401.90  Boarding for inspections.

    (a) * * *
    (1) Examine the vessel, its equipment and cargo; and
* * * * *

    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. 2023-04503 Filed 3-7-23; 8:45 am]
BILLING CODE 4910-61-P