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Seaway Regulations and Rules: Periodic Update, Various Categories
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: December 4, 2006 (Volume 71, Number 232)]
[Proposed Rules]
[Page 70336-70338]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04de06-23]
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DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development Corporation
33 CFR Part 401
[Docket No. SLSDC 2006-26397]
RIN 2135-AA24
Seaway Regulations and Rules: Periodic Update, Various Categories
AGENCY: Saint Lawrence Seaway Development Corporation, DOT.
ACTION: Notice of proposed rulemaking.
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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 proposed
changes will update the following sections of the Regulation and Rules:
Condition of Vessels; Preclearance and Security for Tolls; Seaway
Navigation; Dangerous Cargo; and, General. These proposed amendments
are necessary to take account of updated procedures and will enhance
the safety of transits through the Seaway. Several of the proposed
amendments are merely editorial or for clarification of existing
requirements.
DATES: Any party wishing to present views on the proposed amendment may
file comments with the Corporation on or before January 3, 2007.
ADDRESSES: You may submit comments [identified by DOT DMS Docket Number
SLSDC 2006-26397]
by any of the following methods:
? Web site: http://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
? Fax: 1-202-493-2251.
? Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-001.
? Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
? Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the online instructions for submitting comments.
Instructions: All submissions must include the agency name and
docket number or Regulatory Identification Number (RIN) for this
rulemaking. Note that all comments received will be posted without
change to http://dms.dot.gov, including any personal information
provided. Please see the Privacy Act heading under Regulatory Notices.
Docket: For access to the docket to read background documents or
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Craig H. Middlebrook, Acting Chief
Counsel, Saint Lawrence Seaway Development Corporation, 400 Seventh
Street, SW., Washington, DC 20590, (202) 366-0091.
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 proposing to amend the
joint regulations by updating the Regulations and Rules in various
categories. The proposed changes would update the following sections of
the Regulations and Rules: Condition of Vessels; Preclearance and
Security for Tolls; Seaway Navigation; Dangerous Cargo; and, General.
These updates are necessary to take account of updated procedures which
will enhance the safety of transits through the Seaway. Many of these
proposed changes are to clarify existing requirements in the
regulations. Where new requirements or regulations are being proposed,
an explanation for such a change is provided below.
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://dms.dot.gov.
The SLSDC is proposing to make one clarification to the
Interpretation section of the joint Seaway regulations. Under Section
401.2, ``Interpretation', after the definition of Seaway station, the
SLSDC is proposing to add a reference to section 401.62, ``Seaway
stations'' for a list and location of the specific Seaway stations. In
terms of Notice and Arrival requirements for vessels transiting the
Seaway pursuant to section 401.79, ``Advance notice of arrival, vessels
requiring inspection'', there has been some confusion regarding the
location of the nearest Seaway station. Inserting a reference to the
list of Seaway Stations in the definition would aid in clarifying the
location to which a vessel must provide its 96 hours notice of arrival.
The SLSDC is proposing to make two amendments to the joint
regulations pertaining to the Condition of Vessels. Under section
401.8, ``Landing booms'', the SLSDC is proposing to require vessels
that are equipped with landing booms, but not using them, to use the
Seaway's tie-up service at approach walls. This proposed amendment will
clarify which vessels are required to use the Seaway's tie-up service.
Under section 401.12, ``Minimum requirements--mooring lines and
fairleads'', the SLSDC is proposing to provide flexibility to Seaway
ship inspectors' ability to require an alternate mooring arrangement
when a vessel cannot comply with the Seaway regulation due to design or
other factors.
Two amendments to the joint regulations regarding Preclearance and
Security for Tolls are proposed. The proposed amendment to section
401.22, ``Preclearance of vessels'', would provide flexibility to an
officer to preclear a vessel, such as a large private yacht or ``Tall
Ship'' that would not be able to moor at the pleasure craft docks
because of its unusual design and requirements for inspection. Section
401.24, ``Application for Preclearance'', is being revised to eliminate
the requirement that a representative of a
[[Page 70337]]
vessel must submit 3 copies of a preclearance form since the Manager no
longer issues 3 copies of the form.
The SLSDC is proposing two amendments to the joint regulations
pertaining to Seaway Navigation. Under section 401.40, ``Entering a
lock'', the SLSDC is proposing to rename the section and add language
to make it clear that no vessel shall exit a lock in a manner that
results in the stern passing the stop symbol on the lock wall nearest
the closed gates. There have been instances in which vessels, when
required to maintain position in a lock or upon entering or departing a
lock, have drifted astern resulting in damage to Seaway property. This
amendment would require a vessel entering, exiting or maintaining its
position in a lock to adhere to firmly established Seaway procedures.
Under section 401.58, ``Pleasure craft scheduling'', language is
proposed to clarify that the requirement to use the automated ticket
dispensers only applies to vessels transiting Canadian locks since
there are no automated ticket dispensers at the U.S. locks.
The SLSDC is proposing to make several clarifying/editorial changes
in the joint Seaway regulations pertaining to Dangerous Cargo. Proposed
language throughout the following sections: 401.68, ``Explosives
Permission Letter''; 401.70, ``Fendering--explosive and hazardous cargo
vessels''; and, 401.72, ``Reporting--explosive and hazardous cargo
vessels'', would clarify that the Seaway(s) issue Seaway Explosives
Permission Letters rather than permits.
In the regulations pertaining to general requirements, the SLSDC
proposes one amendment. Under section 401.93, ``Access to Seaway
property,'' the word ``swim `` would be removed in order to clarify
that a person may not enter any Seaway canal or lock area regardless of
the method of entry.
Regulatory Evaluation
This proposed 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 this proposed 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 proposed regulation does not require an environmental impact
statement under the National Environmental Policy Act (49 U.S.C. 4321,
et reg.) because it is not a major federal action significantly
affecting the quality of the human environment.
Federalism
The Corporation has analyzed this proposed 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 proposed 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 proposed 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
proposes to amend 33 CFR Part 401, Regulations and Rules, as follows:
PART 401--SEAWAY REGULATIONS AND RULES
Subpart A--Regulations
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.
2. In Sec. 401.2 paragraph (k) would be revised to read as follows:
Sec. 401.2 Interpretation.
* * * * *
(k) Seaway Station means a radio station operated by the
Corporation or the Manager. (See 401.62. Seaway Stations for the list
and location of stations).
* * * * *
3. In Sec. 401.8 paragraph (c) would be revised to read as follows:
Sec. 401.8 Landing booms.
* * * * *
(c) Vessels not equipped with or not using landing booms must use
the Seaway's tie-up service at approach walls.
4. Section 401.12 paragraph (a) introductory text would be revised
to read as follows:
Sec. 401.12 Minimum requirements--mooring lines and fairleads.
(a) Minimum requirements in respect of 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 unless otherwise
permitted by the officer:
* * * * *
5. In Sec. 401.22 paragraph (c) would be revised to read as follows:
Sec. 401.22 Preclearance of vessels.
* * * * *
(c) A non-commercial vessel of 300 gross registered tonnage or less
cannot apply for preclearance status and must transit as a pleasure
craft unless otherwise permitted by an officer.
6. Sec. 401.24 will be revised as follows:
Sec. 401.24 Application for preclearance.
The representative of a vessel may, on a preclearance form obtained
from the Manager, St. Lambert, Quebec, or downloaded from the St. Lawrence
Seaway Web site at http://www.greatlakes-seaway.com, 
apply for
preclearance, giving particulars of the ownership, liability insurance
and physical characteristics of the vessel and guaranteeing payment of
the fees that may be incurred by the vessel.
7. In Sec. 401.40 the section heading will be revised, paragraphs
(b) and (c) will be redesignated as paragraphs (c) and (d),
respectively, and a new paragraph (b) will be added to read as follows:
Sec. 401.40 Entering, Exiting or Position in a Lock.
* * * * *
(b) No vessel shall depart a lock in such a manner that the stern
passes the stop symbol on the lock wall nearest the closed gates.
* * * * *
8. In Sec. 401.58 paragraph (b) is revised to read as follows:
Sec. 401.58 Pleasure craft scheduling.
* * * * *
(b) Every pleasure craft seeking to transit Canadian Locks shall
stop at a
[[Page 70338]]
pleasure craft dock and arrange for transit by contacting the lock
personnel using the direct-line phone and make the lockage fee payment
by purchasing a ticket using the automated ticket dispensers.
9. In Sec. 401.68, the section heading and paragraphs (a)
introductory text, (b), (c), and (d) are revised to read as follows:
Sec. 401.68 Explosives Permission Letter.
(a) A Seaway Explosives Permission Letter is required for an
explosive vessel in the following cases:
* * * * *
(b) When an explosive vessel is carrying quantities of explosives
above the maximum mentioned in paragraph (a), no Seaway Explosives
Permission Letter shall be granted and the vessel shall not transit.
(c) A written application for a Seaway Explosives Permission Letter
certifying that the cargo is packed, marked, and stowed in accordance
with the Canadian Regulations respecting the Carriage of Dangerous
Goods, the United States Regulations under the Dangerous Cargo Act and
the International Maritime Dangerous Goods Code may be made to the
Saint Lawrence Seaway Development Corporation, P.O. Box 520, Massena,
New York 13662 or to the St. Lawrence Seaway Management Corporation,
202 Pitt Street, Cornwall, Ontario, K6J 3P7.
(d) A signed copy of a Seaway Explosives Permission Letter and a
true copy of any certificate as to the loading of dangerous cargo shall
be kept on board every explosive vessel in transit and shall be made
available to any officer requiring production of such copies.
* * * * *
10. Sec. 401.70 will be revised to read as follows:
Sec. 401.70 Fendering--explosive and hazardous cargo vessels.
All explosive vessels requiring a Seaway Explosives Permission
Letter in accordance with Sec. 401.68 and all tankers carrying cargo
with a flashpoint of up to 61 [deg]C, except those carrying such cargo
in center tanks with gas free wing tanks, shall be equipped with a
sufficient number of non-metallic fenders on each side to prevent any
metallic part of the vessel from touching the side of a dock or lock wall.
11. In Sec. 401.72 paragraph (b) will be revised to read as follows:
Sec. 401.72 Reporting--explosive and hazardous cargo vessels.
* * * * *
(b) Every explosive vessel requiring a Seaway Explosives Permission
Letter shall, when reporting in, give the number of its Seaway
Explosives Permission Letter.
* * * * *
12. In Sec. 401.93 paragraph (b) will be revised to read as follows:
Sec. 401.93 Access to Seaway property.
* * * * *
(b) Except as authorized by an officer or by the Seaway Property
Regulations or its successors, no person shall enter upon any land or
structure of the Manager or the Corporation or in any Seaway canal or
lock area.
Issued at Washington, DC on November 27, 2006.
Saint Lawrence Seaway Development Corporation.
Collister, Johnson, Jr.,
Administrator.
[FR Doc. E6-20371 Filed 12-1-06; 8:45 am]
BILLING CODE 4910-61-P