10688 Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / Rules and Regulations 

correction, call or e-mail LT Matthew N. 

Jones, Staff Attorney, Thirteenth Coast 

Guard District; telephone 206–220– 

7110, e-mail Matthew.N.Jones@uscg.mil. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ Accordingly, 33 CFR part 165 is 

amended by making the following 

correcting amendment: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. In § 165.1325, revise paragraphs 

(a)(12) and the first sentence in each of 

paragraphs (c)(1)(iii), (c)(3)(ii) 

introductory text, (c)(4)(iii) introductory 

text, and (c)(5)(ii) introductory text to 

read as follows: 

§ 165.1325 Regulated Navigation Areas; 

Bars Along the Coasts of Oregon and 

Washington. 

(a) * * * 

(12) Umpqua River Bar, Oreg.: From a 

point on the shoreline at 43°41′20′′ N., 

124°11′58′′ W. thence westward to 

43°41′20′′ N., 124°13′32′′ W. thence 

southward to 43°38′35′′ N., 24°14′25′′ W. 

thence eastward to a point on the 

shoreline at 43°38′35′′ N., 124°12′35′′ W. 

thence northward along the shoreline to 

light ‘‘8′′ at 43°40′57′′ N., 124°11′13′′ W. 

thence southwestward to a point on the 

west bank of the entrance channel at 

43°40′52′′ N., 124°11′34′′ W. thence 

southwestward along the west bank of 

the entrance channel thence northward 

along the seaward shoreline to the 

beginning. 

* * * * * 

(c) * * * 

(1) * * * 

(iii) The Coast Guard will notify the 

public of bar restrictions and bar 

closures via a Broadcast Notice to 

Mariners on VHF–FM Channel 16 and 

22A. * * * 

(3) * * * 

(ii) The master or operator of any 

uninspected passenger vessel operating 

in a regulated navigation area 

established in paragraph (a) of this 

section during the conditions described 

in paragraph (c)(3)(i)(A) of this section 

shall contact the Coast Guard on VHF– 

FM Channel 16 or 22A prior to crossing 

the bar between sunset and sunrise. 

* * * 

(4) * * * 

(iii) The master or operator of any 

small passenger vessel operating in a 

regulated navigation area established in 

paragraph (a) of this section during the 

conditions described in paragraph 

(c)(4)(i)(A) of this section shall contact 

the Coast Guard on VHF–FM Channel 

16 or 22A prior to crossing the bar 

between sunset and sunrise. * * * 

(5) * * * 

(ii) The master or operator of any 

commercial fishing vessel operating in a 

regulated navigation area established in 

paragraph (a) of this section during the 

conditions described in paragraph 

(c)(5)(i)(A) of this section shall contact 

the Coast Guard on VHF–FM Channel 

16 or 22A prior to crossing the bar 

between sunset and sunrise. * * * 

* * * * * 

Dated: February 17, 2010. 

G.T. Blore, 

Rear Admiral, U.S. Coast Guard, Commander, 

Thirteenth Coast Guard District. 

[FR Doc. 2010–4769 Filed 3–8–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF TRANSPORTATION 

Saint Lawrence Seaway Development 

Corporation 

33 CFR Part 401 

[Docket No. SLSDC–2010–0001] 

RIN 2135–AA30 

Seaway Regulations and Rules: 

Periodic Update, Various Categories 

AGENCY: Saint Lawrence Seaway 

Development Corporation, DOT. 

ACTION: Final Rule. 

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 changes 

will update the following sections of the 

Regulations and Rules: Condition of 

Vessels; Radio Communications; and 

General. These 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: The final rule is effective March 

9, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Carrie Mann Lavigne, Chief Counsel, 

Saint Lawrence Seaway Development 

Corporation, 180 Andrews Street, 

Massena, New York 13662; 315–64– 

3200. 

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 amending the joint regulations 

by updating the Regulations and Rules 

in various categories. The changes will 

update the following sections of the 

Regulations and Rules: Condition of 

Vessels; Radio Communications; 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 made, an explanation for such a 

change is provided below. 

The joint regulations are effective in 

Canada on March 15, 2010. For 

consistency, because these are under 

international agreement, joint 

regulations, and to avoid confusion 

among users of the Seaway, the SLSDC 

finds that there is good cause to make 

the U.S. version of the amendments 

effective upon publication. 

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 Notice of Proposed Rulemaking 

was published in the Federal Register 

on January 27, 2010 (75 FR 4331). No 

comments were received on the NPRM; 

however upon further review with the 

SLSMC, one proposed rule in the 

Seaway Navigation section regarding the 

vessel speed at which to approach a 

bridge is not included in the final rule. 


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Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / Rules and Regulations 10689 

The SLSDC is amending two sections 

of the Condition of Vessels portion of 

the joint Seaway regulations. Under 

section 401.10, ‘‘Mooring lines’’, the 

SLSDC is proposing to permit vessels 

with synthetic lines to transit the 

Seaway with a spliced eye of 1.8 m 

instead of the current 2.4 m. The 

SLSMC has conducted tests regarding 

the effectiveness of the smaller spliced 

eye and has determined that a spliced 

eye of 1.8 m for synthetic lines is 

sufficient for safety purposes. In 

addition, two changes are being made to 

section 401.12, ‘‘Minimum 

requirements—mooring lines and 

fairleads’’. These amendments would set 

specific requirements for each mooring 

line to ensure that safety is maintained 

through proper use of appropriate 

strength wire specific to vessel size. 

These changes are being made based on 

tests conducted by the SLSMC in 

conjunction with relevant industry 

stakeholders. 

In the Radio Communications section, 

two changes are being made . The 

changes to section 401.61, ‘‘Assigned 

frequencies’’, and section 401.63, ‘‘Radio 

procedures’’, reflect the requirement that 

channel 12 is to be used in lieu of 

channel 13 in the Seaway Sodus sector. 

This change is based on two years of 

testing and troubeshooting radio 

problems on Lake Ontario that 

determined that channel 12 would 

provide a more effective communication 

medium than does channel 13. 

Corresponding edits have been 

proposed for Schedule III to reflect the 

channel change. 

Two changes are being made to the 

‘‘General’’ section. In section 401.90, 

‘‘Boarding for inspection’’, vessels will 

be required to provide a safe and 

approved means of boarding for 

inspectors. Currently the pigeon holes 

used by inspectors to board vessels 

typically fill with ice and snow making 

access between the tug and barge a 

safety hazard. In section 401.94, 

‘‘Keeping copies of documents’’, a vessel 

will be required to keep, in either 

electronic or paper form, a copy of: the 

vessel’s valid inspection report; the 

rules and procedures; and, Seaway 

Notices for the current navigation year. 

The other changes to the joint 

regulations are merely editorial or to 

clarify existing requirements. 

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 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 reg.) 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 Saint Lawrence 

Seaway Development Corporation is 

amending 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 § 401.10 revise paragraph (a)(3) 

and (b) to read as follows: 

§ 401.10 Mooring lines. 

(a) * * * 

(3) Be fitted with a hand spliced eye 

or Flemish type mechanical spliced eye 

of not less than 2.4 m long for wire lines 

and 1.8 m long spliced eye for approved 

synthetic lines; 

* * * * * 

(b) Unless otherwise permitted by an 

officer, vessels greater than 150 m shall 

only use wire mooring lines with a 

breaking strength that complies with the 

minimum specifications set out in the 

table to this section shall be used for 

securing a vessel in lock chambers. 

* * * * * 

■ 3. In § 401.12 redesignate paragraph 

(a)(4) as (a)(3)(iii) and revise paragraphs 

(a)(1) introductory text, (a)(2), (a)(3) 

introductory text, and (b) introductory 

text to read as follows: 

§ 401.12 Minimum requirements—mooring 

lines and fairleads. 

(a) * * * 

(1) Vessels of 100 m or less in overall 

length shall have at least three mooring 

lines—wires or synthetic hawsers, two 

of which shall be independently power 

operated and one if synthetic may be 

hand held. 

* * * * * 

(2) Vessels of more than 100 m but not 

more than 150 m in overall length shall 

have three mooring lines—wires or 

synthetic hawsers, which shall be 

independently power operated by 

winches, capstans or windlasses. All 

lines shall be led through closed chocks 

or fairleads acceptable to the Manager 

and the Corporation. 

(3) Vessels of more than 150 m in 

overall length shall have four mooring 

lines—wires, independently power 

operated by the main drums of adequate 

power operated winches as follows: 

* * * * * 

(b) Unless otherwise permitted by the 

officer, the following table sets out the 

requirements for the location of 

fairleads or closed chocks for vessels of 

100 m or more in overall length: 

* * * * * 

■ 4. Revise § 401.61 to read as follows: 

§ 401.61 Assigned frequencies. 

The Seaway stations operate on the 

following assigned VHF frequencies: 

156.8 MHz—(channel 16)—Distress 

and Calling. 

156.7 MHz—(channel 14)—Working 

(Canadian Stations in Sector 1 and the 

Welland Canal). 

156.6 MHz—(channel 12)—Working 

(U.S. Station in Lake Ontario) 


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10690 Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / Rules and Regulations 

156.6 MHz—(channel 12)—Working 

(U.S. Stations in Sector 2 of the River). 

156.55 MHz—(channel 11)—Working 

(Canadian Stations in Sector 3, Lake 

Ontario and Lake Erie). 

■ 5. Revise § 401.63 to read as follows: 

§ 401.63 Radio Procedures. 

Every vessel shall use the channels of 

communication in each control sector as 

listed in the table to this section. 

CHANNELS OF COMMUNICATION

Station 

Control 

sector 

number 

Sector limits Call in Work Listening 

watch 

Seaway Beauharnois ..... 1 C.I.P No. 2 to C.I.P No. 6–7 ....................................... Ch. 14 .......... Ch. 14 .......... Ch. 14. 

Seaway Eisenhower ....... 2 C.I.P. No. 6–7 to C.I.P. No. 10–11 ............................. Ch. 12 .......... Ch. 12 .......... Ch. 12. 

Seaway Iroquois ............. 3 C.I.P. No. 10–11 To Crossover Island ........................ Ch. 11 .......... Ch. 11 .......... Ch. 11. 

Seaway Clayton ............. 4 Crossover Island to Cape Vincent .............................. Ch. 13 .......... Ch. 13 .......... Ch. 13. 

Seaway Sodus ............... 4 Cape Vincent to Mid Lake Ontario .............................. Ch. 12 .......... Ch. 12 .......... Ch. 16. 

Seaway Newcastle ......... 5 Mid Lake Ontario To C.I.P. No. 15 ............................. Ch. 11 .......... Ch. 11 .......... Ch. 16. 

Seaway Welland ............ 6 C.I.P. No. 15 to C.I.P. No. 16 ..................................... Ch. 14 .......... Ch. 14 .......... Ch. 14. 

Seaway Long Point ........ 7 C.I.P. No. 16 to Long Point ......................................... Ch. 11 .......... Ch. 11 .......... Ch. 16. 

■ 6. In § 401.90, add a new paragraph 

(d) to read as follows: 

§ 401.90 Boarding for inspections. 

* * * * * 

(d) Vessels shall provide a safe and 

approved means of boarding. Pigeon 

holes are not accepted as a means of 

boarding and an alternate safe means of 

access shall be provided. 

■ 7. In § 401.94, revise paragraph (a) to 

read as follows: 

§ 401.94 Keeping copies of documents. 

(a) A copy of these Regulations 

(subpart A of part 401), a copy of the 

vessel’s valid Vessel Inspection Report 

and the Seaway Notices for the current 

navigation year shall be kept on board 

every vessel in transit. For the purposes 

of this section, a copy may be kept in 

either paper or electronic format so long 

as it can be accessed in the wheelhouse. 

* * * * * 

■ 8. In Schedule III to Subpart A— 

Calling-in table, revise sections 

numbered (18), (35), and (36) to read as 

follows: 

SCHEDULE III TO SUBPART A OF PART 401—CALLING-IN TABLE

C.I.P. and checkpoint Station to call Message content 

* * * * * * * 

18. Sodus Point ................................................ Seaway Sodus, Channel 12 ............................. 1. Name of Vessel. 

2. Location. 

3. ETA Mid-Lake Ontario. 

* * * * * * * 

35. Mid-Lake Ontario-Entering Sector 4 ........... Seaway Sodus, Channel 12 ............................. 1. Name of Vessel. 

2. Location. 

36. Sodus Point ................................................ Seaway Sodus, Channel 12 ............................. 1. Name of Vessel. 

2. Location. 

3. Updated ETA Cape Vincent or Lake Ontario 

Port. 

4. Confirm River Pilot Requirement. 

5. Pilot requirement—Snell Lock and/or Upper 

Beauharnois Lock. (inland vessels only). 

* * * * * * * 

* * * * * 

Issued at Washington, DC, on March 3, 

2010. 

Saint Lawrence Seaway Development 

Corporation. 

Collister Johnson, Jr., 

Administrator. 

[FR Doc. 2010–4898 Filed 3–8–10; 8:45 am] 

BILLING CODE 4910–61–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0859; FRL–9123–3] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the San Joaquin Valley Air 

Pollution Control District (SJVAPCD) 

portion of the California State 

Implementation Plan (SIP). These 

revisions were proposed in the Federal 

Register on December 18, 2009 and 

concern reduction of animal matter and 

volatile organic compound (VOC) 

emissions from crude oil production, 

cutback asphalt, and petroleum solvent 

dry cleaning. We are approving local 

rules that regulate these emission 

sources under the Clean Air Act as 

amended in 1990 (CAA or the Act). 

DATES: Effective Date: This rule is 

effective on April 8, 2010. 


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