[Federal Register Volume 75, Number 45 (Tuesday, March 9, 2010)]
[Rules and Regulations]
[Pages 10688-10690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4898]


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

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.

[[Page 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.

0
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

0
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.


0
2. In Sec.  401.10 revise paragraph (a)(3) and (b) to read as follows:


Sec.  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.
* * * * *

0
3. In Sec.  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:


Sec.  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:
* * * * *


0
4. Revise Sec.  401.61 to read as follows:


Sec.  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)

[[Page 10690]]

    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).


0
5. Revise Sec.  401.63 to read as follows:


Sec.  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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          Control
                Station                    sector         Sector limits                Call in                    Work               Listening watch
                                           number
--------------------------------------------------------------------------------------------------------------------------------------------------------
Seaway Beauharnois....................            1  C.I.P No. 2 to C.I.P     Ch. 14..................  Ch. 14.................  Ch. 14.
                                                      No. 6-7.
Seaway Eisenhower.....................            2  C.I.P. No. 6-7 to        Ch. 12..................  Ch. 12.................  Ch. 12.
                                                      C.I.P. No. 10-11.
Seaway Iroquois.......................            3  C.I.P. No. 10-11 To      Ch. 11..................  Ch. 11.................  Ch. 11.
                                                      Crossover Island.
Seaway Clayton........................            4  Crossover Island to      Ch. 13..................  Ch. 13.................  Ch. 13.
                                                      Cape Vincent.
Seaway Sodus..........................            4  Cape Vincent to Mid      Ch. 12..................  Ch. 12.................  Ch. 16.
                                                      Lake Ontario.
Seaway Newcastle......................            5  Mid Lake Ontario To      Ch. 11..................  Ch. 11.................  Ch. 16.
                                                      C.I.P. No. 15.
Seaway Welland........................            6  C.I.P. No. 15 to C.I.P.  Ch. 14..................  Ch. 14.................  Ch. 14.
                                                      No. 16.
Seaway Long Point.....................            7  C.I.P. No. 16 to Long    Ch. 11..................  Ch. 11.................  Ch. 16.
                                                      Point.
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
6. In Sec.  401.90, add a new paragraph (d) to read as follows:


Sec.  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.

0
7. In Sec.  401.94, revise paragraph (a) to read as follows:


Sec.  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.
* * * * *

0
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,         1. Name of Vessel.
                               Channel 12.          2. Location.
                                                    3. ETA Mid-Lake
                                                     Ontario.
 
                              * * * * * * *
35. Mid-Lake Ontario-         Seaway Sodus,         1. Name of Vessel.
 Entering Sector 4.            Channel 12.
                              2. Location.
36. Sodus Point.............  Seaway Sodus,         1. Name of Vessel.
                               Channel 12.          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