[Federal Register Volume 89, Number 45 (Wednesday, March 6, 2024)]
[Rules and Regulations]
[Pages 15959-15962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04744]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Great Lakes St. Lawrence Seaway Development Corporation

33 CFR Part 401

RIN 2135-AA55


Seaway Regulations and Rules: Periodic Update, Various Categories

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

ACTION: Final rule.

-----------------------------------------------------------------------

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, 2024.

ADDRESSES: Docket: For access to the docket to read background 
documents or comments received, go to https://

[[Page 15960]]

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, and Information and Reports. 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 https://www.Regulations.gov.
    The joint regulations will become effective in Canada on March 22, 
2024. 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 is amending 33 CFR part 401 as follows:

PART 401--SEAWAY REGULATIONS AND RULES

Subpart A--Regulations

0
1. The authority citation for 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
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 their 
own provisions for tie-up 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) At the U.S. Locks, vessels not equipped with or not using 
landing booms may be tied up at the approach walls based on Lock 
personnel availability.
    (d) At the Canadian Locks, vessels not equipped with or not using 
landing booms should make alternate arrangements for tie-up at approach 
walls prior to commencing transit of the Seaway. Example: ship contract 
in place with a 3rd party service provider where ship is responsible 
for contacting provider.
    (1) Vessels that do not have a tie-up strategy in place for the 
lock approach walls may be delayed and/or put to anchor until such time 
that the traffic pattern can accommodate their transit.
    (2) [Reserved]

0
3. Amend Sec.  401.9 by adding new paragraphs (a)(1) and (a)(2) to read 
as follows:


Sec.  401.9  Radio telephone and navigation equipment.

    (a) * * *
    (1) All communications shall be on the applicable VHF frequency. 
The use of personal electronic devices for communication between 
vessels or with traffic control should be limited to necessity.
    (2) Please note that communications into the Traffic Control Center 
may be recorded for quality assurance and training purposes.
* * * * *

0
4. Amend Sec.  401.19 by revising paragraph (a) and paragraph (b)(2) to 
read as follows:

[[Page 15961]]

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. Rivers and Harbors Act of 1899, 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. Rivers and Harbors Act of 1899, and 
amendments thereto.
* * * * *

0
5. Amend Sec.  401.20 by revising paragraph (b)(4) to read as follows:


Sec.  401.20  Automatic Identification System.

* * * * *
    (b) * * *
    (4) International Maritime Organization (IMO) Guidelines for 
Installation of Shipborne Automatic Identification System (AIS), NAV 
48/18, 6 January 2003, as amended, and, for ocean vessels only, with a 
pilot plug, as specified in Section 3.2 of those Guidelines, installed 
close to the primary conning position in the navigation bridge and a 
power source accessible for the pilot's laptop computer; and
* * * * *

0
6. Amend Sec.  401.29 by revising paragraphs (b) and (c) to read as 
follows:


Sec.  401.29  Maximum draft.

* * * * *
    (b) The draught of a vessel shall meet minimum draft requirements 
as defined at inspection on the Enhanced Ship Inspection form and not, 
in any case, exceed 79.2 dm or the maximum permissible draught 
designated in a Seaway Notice by the Manager and the Corporation for 
the part of the Seaway in which a vessel is passing.
    (c) Any vessel will be permitted to load at an increased draught of 
not more than 7 cm above the maximum permissible draught in effect as 
prescribed under 401.29(b) if it is equipped with a Draught Information 
System (DIS) and meets the following:
    (1) An operational Draught 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 onboard;
    (i) An operational AIS with accuracy approved by the Seaway; and
    (ii) Up-to-date electronic charts; and
    (iii) Up-to-date charts containing high resolution bathymetric 
data; and
    (iv) Vessels must be equipped with a bow thruster and bow thruster 
must be operational.
    (2) The DIS Tool Display shall be located as close to the primary 
conning position and be visible and legible.
    (i) Verification document of the DIS must be kept on board the 
vessel at all times and made available for inspection;
    (ii) DIS license to use the software must be valid;
    (iii) A company letter attesting to officer training on use of the 
DIS must be kept on board and made available for inspection;
    (iv) When transiting Seaway waters with the DIS, a trained officer 
on the use of the DIS must be on the bridge;
    (v) 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;
    (vi) Every navigation season, each vessel intending to use an 
approved DIS to transit the System must submit a completed confirmation 
checklist found at www.greatlakes-seaway.com to the Manager or the 
Corporation prior to its initial transit of the season;
    (vii) If for any reason the DIS, AIS, or bow thruster becomes 
inoperable, malfunctions or is not used while the vessel is transiting 
at a draught greater than the maximum permissible draught prescribed 
under 401.29(b) in effect at the time, the vessel must notify the 
Manager or the Corporation immediately.

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


Sec.  401.44  Mooring in locks.

    (a) The primary means of securing vessels in the locks is by way of 
the Hands-Free Mooring (HFM) system. Vessels being moored by HFM must 
have a minimum of one well rested crew member on deck during the 
lockage to assist the Bridge team.
    (b) Single tugs, tug/barge combinations, and small vessels (less 
than 160m in overall length) that are not eligible to use HFM are to be 
processed without mooring lines at the Canadian Locks with the 
exception of upbound lockages at Locks 4, 5 and 6 in the Welland Canal.
    (c) Vessels requiring the use of mooring lines shall be processed 
as follows:
    (1) Mooring lines shall only be placed on mooring posts as directed 
by the officer in charge of the mooring operation.
    (2) 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.
    (3) 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.
    (4) 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
8. Amend Sec.  401.47 by revising paragraph (b) to read as follows:


Sec.  401.47  Leaving a lock.

* * * * *
    (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 and 
the lock operator gives the ``all clear'' instruction.
* * * * *

0
9. Amend Sec.  401.57 by adding new paragraph (d) to read as follows:


Sec.  401.57  Disembarking or Boarding.

* * * * *
    (d) Persons intending on disembarking or boarding a vessel shall 
only do so after they have confirmed with the Captain that the vessel 
is fully secured in the lock with Hands-Free Mooring or with mooring 
lines.

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


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

* * * * *
    (d) Every vessel intending to conduct a dive operation and/or 
Remotely Operated Vehicle (ROV) inspection at a dock, wharf or approach 
wall shall provide a 24-hour minimum notice of diving operations to the 
appropriate Seaway Traffic control Centre.

0
11. Revise Sec.  401.79 to read as follows:


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

    (a) USCG Advance Notice of Arrival--All foreign flagged ships of 
300 GRT or above intending to transit the Seaway shall submit one 
completed United States Coast Guard (USCG) Electronic Notice of Arrival 
(ENOA) prior to entering at call in point 2 (CIP 2) as follows:

[[Page 15962]]

    (1) If your voyage time to CIP 2 is 96 hours or more, you must 
submit an ENOA 96 hours before entering the Seaway at CIP 2.
    (2) If your voyage time to CIP 2 is less than 96 hours, you must 
submit an ENOA before departure, but at least 24 hours before entering 
the Seaway at CIP 2.
    (3) If there are changes to the ENOA, submit them as soon as 
practicable but at least 12 hours before entering the Seaway at CIP 2.
    (4) The NOA must be provided electronically following the USCG 
National Vessel Movement Center's (NVMC) procedures (http://www.nvmc.uscg.gov).
    (5) To complete the ENOA correctly for Seaway entry, select the 
following:
    (i) ``CIP 2'' as the Arrival Port,
    (ii) ``Foreign to Saint Lawrence Seaway'' as the Voyage Type, and
    (iii) ``Saint Lawrence Seaway Transit'' as the Arrival State, City 
and Receiving Facility.
    (b) Foreign Vessel Inspection program:
    (1) Enhanced Ship Inspections (ESI)--physical vessel inspection: 
Foreign flagged vessels are subject to a Seaway inspection once every 
two navigation seasons. Agents must provide an initial notice of 
inspection 120 hours prior to the ship's arrival at CIP2. (to: 
[email protected] and to [email protected]).
    (2) Subject to satisfactory performance, a Self-Inspection may be 
permitted in the interim season. Vessel to complete a Foreign Self 
Inspection report and submit electronically to [email protected] 
and to [email protected].
    (3) The ESI or self-inspection is required on the first transit of 
the navigation season.
    (4) Inland self-inspection: Inland domestic vessels which are 
approved by the Seaway and are ISM certified and have a company quality 
management system, must submit the ``Self-Inspection Report'', every 2 
navigation seasons and not later than 30 days after ``fit out''.
    (5) Inland domestic vessels not participating in the ``Self-
Inspection Program'' are subject to Seaway inspection prior to every 
transit of the Seaway.
    (6) Tug/barge combinations not on the ``Seaway Approved Tow'' list 
are subject to Seaway inspection prior to every transit of the Seaway 
unless provided with a valid Inspection Report for a round trip 
transit.
    (7) A tall vessel, passenger vessel, or vessel of an unusual design 
is subject to Seaway yearly inspection.

0
12. Amend Sec.  401.84 by redesignating paragraphs (d) through (g) as 
paragraphs (e) through (h) and add new paragraph (d) to read as 
follows:
* * * * *
    (d) any malfunction on the vessel of equipment and machinery that 
is noted as operational in the current ``Enhanced Ship Inspection'' or 
``Self Inspection'' of the vessel;
* * * * *

    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. 2024-04744 Filed 3-5-24; 8:45 am]
BILLING CODE 4910-61-P