Federal Register / Vol. 71, No. 22 / Thursday, February 2, 2006 / Rules and Regulations 5605 

(d) Special September rule for taxes 

due by semimonthly return. (1) General. 

* * * 

* * * * * 

PART 70—PROCEDURE AND 

ADMINISTRATION 

■ 21. The authority citation for part 70 

continues to read as follows: 

Authority: 5 U.S.C. 301 and 552; 26 U.S.C. 

4181, 4182, 5146, 5203, 5207, 5275, 5367, 

5415, 5504, 5555, 5684(a), 5741, 5761(b), 

5802, 6020, 6021, 6064, 6102, 6155, 6159, 

6201, 6203, 6204, 6301, 6303, 6311, 6313, 

6314, 6321, 6323, 6325, 6326, 6331–6343, 

6401–6404, 6407, 6416, 6423, 6501–6503, 

6511, 6513, 6514, 6532, 6601, 6602, 6611, 

6621, 6622, 6651, 6653, 6656–6658, 6665, 

6671, 6672, 6701, 6723, 6801, 6862, 6863, 

6901, 7011, 7101, 7102, 7121, 7122, 7207, 

7209, 7214, 7304, 7401, 7403, 7406, 7423, 

7424, 7425, 7426, 7429, 7430, 7432, 7502, 

7503, 7505, 7506, 7513, 7601–7606, 7608– 

7610, 7622, 7623, 7653, 7805. 

■ 22. In § 70.412, the second sentence of 

paragraph (a) is revised to read as 

follows: 

§ 70.412 Excise taxes. 

(a) Collection. * * * If the person 

responsible for paying the taxes has 

filed a proper bond to defer payment, 

such person may be eligible to file 

semimonthly or quarterly returns, with 

proper remittances, to cover the taxes 

incurred on distilled spirits, wines, and 

beer during the semimonthly or 

quarterly period. * * * 

* * * * * 

Signed: December 13, 2005. 

John J. Manfreda, 

Administrator. 

Approved: December 23, 2005. 

Timothy E. Skud, 

Deputy Assistant Secretary (Tax, Trade, and 

Tariff Policy). 

[FR Doc. 06–981 Filed 2–1–06; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF TRANSPORTATION 

Saint Lawrence Seaway Development 

Corporation 

33 CFR Part 401 

[Docket No. SLSDC 2005–23248] 

RIN 2135–AA22 

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 

update the following sections of the 

Regulation and Rules: Condition of 

Vessels; Preclearance and Security for 

Tolls; Seaway Navigation; Toll 

Assessment and Payment; and 

Information and Reports. These 

amendments are necessary to take 

account of updated procedures and/or 

technology and enhance the safety of 

transits through the Seaway. Several of 

the amendments are merely editorial or 

for clarification of existing 

requirements. 

DATES: This rule is effective March 6, 

2006. 

ADDRESSES: You may submit comments 

[identified by DOT DMS Docket Number 

SLSDC 2005-23248] 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 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; Preclearance and Security for 

Tolls; Seaway Navigation; Toll 

Assessment and Payment; and 

Information and Reports. These updates 

are necessary to take account of updated 

procedures and/or technology, which 

will enhance the safety of transits 

through the Seaway. Many of these 

changes are to clarify existing 

requirements in the regulations. Where 

new requirements or regulations are 

made, 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 making two 

amendments to the joint regulations 

pertaining to the Condition of Vessels. 

Under sections 401.16, ‘‘Propeller 

Direction Alarms’’, and 401.17, ‘‘Pitch 

Indicators and Alarms’’, the SLSDC is 

adding language that would require 

visible and audible alarms to have a 

time delay of not greater than 8 seconds. 

In confined waters of the Seaway or 

while entering a lock it is important for 

the master/pilot to know immediately 

when an incorrect command is received 

in order to take appropriate corrective 

action. Currently some vessels have 

alarms with a 30 second delay in which 

time the vessel could be outside the 


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5606 Federal Register / Vol. 71, No. 22 / Thursday, February 2, 2006 / Rules and Regulations 

shipping channel or have already hit the 

lock bumpers. 

The SLSDC is making two 

amendments to the joint regulations 

regarding the Preclearance and Security 

for Tolls. Under § 401.24, ‘‘Application 

for Preclearance’’, the SLSDC is revising 

the location from which a vessel can 

obtain a preclearance form from 

Cornwall, Ontario to St. Lambert, 

Quebec. This change reflects the fact 

that preclearance applications are now 

being processed at St. Lambert, Quebec 

instead of at Cornwall, Ontario. 

For § 401.26, ‘‘Security for Tolls’’, the 

SLSDC is adding language that would 

allow the SLSMC manager to include 

charges for additional items as tie-up 

fees in the security for tolls. 

The SLSDC is making one change to 

the joint regulations regarding Seaway 

Navigation. The amendment to § 401.30, 

‘‘Ballast Water and Trim’’, reflects a 

change to the SLSDC/SLSMC joint Web 

site making it easier for Seaway users to 

obtain ballast water management 

documents. Shippers have expressed 

frustration regarding their difficulties in 

locating these documents on the Web 

site. The Seaway Corporations have 

inserted a direct link on the Seaway 

Web site homepage to the relevant 

documents. 

The SLSDC is making two changes to 

the joint regulations regarding Toll 

Assessment and Payment. Under 

§ 401.74, ‘‘Transit Declaration’’, the 

SLSDC is clarifying that Seaway Transit 

Declaration Forms can be obtained from 

the Seaway Web site or the SLSMC in 

St. Lambert, Quebec. This function was 

previously performed at Cornwall, 

Ontario. 

Additionally, the amendment 

removes references to specific form 

numbers that are no longer relevant. 

The SLSDC is making one amendment 

to the joint regulations regarding 

Information and Reports. Under 

§ 401.81, the SLSDC is requiring the 

master of a vessel involved in an 

accident or dangerous occurrence to 

notify the nearest Seaway and Canadian 

or U.S. Coast Guard. This amendment is 

intended to clarify that the U.S. Coast 

Guard is the U.S. federal entity 

responsible for responding to vessel 

incidents and needs to be notified 

immediately when there is an accident 

or dangerous occurrence. 

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 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 rule 

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 § 401.16 paragraph (b) is revised 

to read as follows: 

§ 401.16 Propeller direction alarms. 

* * * * * 

(b) Visible and audible wrong-way 

propeller direction alarms, with a time 

delay of not greater than 8 seconds, 

located in the wheelhouse and the 

engineer room, unless the vessel is fitted 

with a device which renders it 

impossible to operate engines against 

orders from the bridge telegraph. 

* * * * * 

■ 3. In § 401.17 paragraph (b) is revised 

to read as follows: 

§ 401.17 Pitch indicators and alarms. 

* * * * * 

(b) Effective April 1, 1984, visible and 

audible pitch alarms, with a time delay 

of not greater than 8 seconds, in the 

wheelhouse and engine room to indicate 

wrong pitch. 

* * * * * 

■ 4. Section 401.24 is revised to read as 

follows: 

§ 401.24 Application for preclearance. 

The representative of a vessel may, on 

a preclearance form (3 copies) 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. 

■ 5. In § 401.26 paragraph (b) is revised 

to read as follows: 

§ 401.26 Security for Tolls. 

* * * * * 

(b) The security for the tolls of a 

vessel shall be sufficient to cover the 

tolls established in the ‘‘St. Lawrence 

Seaway Tariff of Tolls’’ for the gross 

registered tonnage of the vessel, cargo 

carried, and lockage tolls as well as 

security for any other charges estimated 

by the Manager. 

* * * * * 

■ 6. In § 401.30 paragraph (e) (2) is 

revised to read as follows: 

§ 401.30 Ballast water and trim. 

* * * * * 

(e) * * * 

(2) Every other vessel entering the 

Seaway that operates within the Great 

Lakes and the Seaway must agree to 

comply with the ‘‘Voluntary 

Management Practices to Reduce the 

Transfer of Aquatic Nuisance Species 

Within the Great Lakes by U.S. and 

Canadian Domestic Shipping’’ of the 


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Federal Register / Vol. 71, No. 22 / Thursday, February 2, 2006 / Rules and Regulations 5607 

Lake Carriers Association and Canadian 

Shipowners Association dated January 

26, 2001, while operating anywhere 

within the Great Lakes and the Seaway. 

For copies of the ‘‘Code of Best Practices 

for Ballast Water Management’’ and of 

the ‘‘Voluntary Management Practices to 

Reduce the Transfer of Aquatic 

Nuisance Species Within the Great 

Lakes by U.S. and Canadian Domestic 

Shipping’’ refer to the St. Lawrence 

Seaway Web site at http:// 

www.greatlakes-seaway.com. 

■ 7. In § 401.74 paragraphs (a) and (g) 

are revised to read as follows: 

§ 401.74 Transit declaration. 

(a) Seaway Transit Declaration Form 

(Cargo and Passenger) shall be 

forwarded to the Manager by the 

representative of a ship, for each ship 

that has an approved preclearance 

except non-cargo ships, within fourteen 

days after the vessel enters the Seaway 

on any upbound or downbound transit. 

The form may be obtained from the St. 

Lawrence Seaway Management 

Corporation, 151 Ecluse Street, St. 

Lambert, Quebec, J4R 2V6 or from the 

St. Lawrence Seaway Web site at http:// 

www.greatlakes-seaway.com. 

* * * * * 

(g) Where government aid cargo is 

declared, appropriate Canadian or U.S. 

customs form or a stamped and signed 

certification letter from the U.S. or 

Canada Customs must accompany the 

transit declaration form. 

* * * * * 

■ 8. In § 401.81 paragraph (a) is revised 

to read as follows: 

§ 401.81 Reporting an accident. 

(a) Where a vessel on the Seaway is 

involved in an accident or a dangerous 

occurrence, the master of the vessel 

shall report the accident or occurrence, 

pursuant to the requirements of the 

Transportation Safety Board 

Regulations, to the nearest Seaway and 

Canadian or U.S. Coast Guard radio or 

traffic stations, as soon as possible and 

prior to departing the Seaway system. 

* * * * * 

Issued at Washington, DC on January 23, 

2006. 

Saint Lawrence Seaway Development 

Corporation. 

Albert S. Jacquez, 

Administrator. 

[FR Doc. 06–941 Filed 2–1–06; 8:45 am] 

BILLING CODE 4910–61–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[MD200–3116; FRL–8021–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Update to Materials 

Incorporated by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; Notice of 

administrative change. 

SUMMARY: EPA is updating the materials 

submitted by Maryland that are 

incorporated by reference (IBR) into the 

State implementation plan (SIP). The 

regulations affected by this update have 

been previously submitted by the State 

agency, the Maryland Department of the 

Environment, and approved by EPA. 

This update affects the SIP materials 

that are available for public inspection 

at the National Archives and Records 

Administration (NARA), the Air and 

Radiation Docket and Information 

Center located at EPA Headquarters in 

Washington, DC and the Regional 

Office. 

EFFECTIVE DATE: This action is effective 

February 2, 2006. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection at 

the following locations: Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103; the 

Air and Radiation Docket and 

Information Center, U.S. Environmental 

Protection Agency, 1301 Constitution 

Avenue NW., Room B108, Washington, 

DC 20460; or the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Harold A. Frankford, (215) 814–2108 or 

by e-mail at frankford.harold@epa.gov. 

SUPPLEMENTARY INFORMATION: The SIP is 

a living document which the State can 

revise as necessary to address the 

unique air pollution problems. 

Therefore, EPA from time to time must 

take action on SIP revisions containing 

new and/or revised regulations as being 

part of the SIP. On May 22, 1997 (62 FR 

27968), EPA revised the procedures for 

incorporating by reference Federallyapproved SIPs, as a result of 

consultations between EPA and the 

Office of the Federal Register (OFR). The 

description of the revised SIP 

document, IBR procedures and 

‘‘Identification of plan’’ format are 

discussed in further detail in the May 

22, 1997 Federal Register document. On 

November 29, 2004 (69 FR 69304), EPA 

published a Federal Register beginning 

the new IBR procedure for Maryland. In 

this document, EPA is doing the 

following: 

1. Announcing the update to the IBR 

material as of December 15, 2005. 

2. Making corrections to entries listed 

in the paragraph 52.1070(c) chart, as 

described below: 

a. COMAR 26.11.04—The chapter title 

is revised. 

b. COMAR 26.11.09—The text for 

COMAR 26.11.09.01, 26.11.09.03, 

26.11.09.06 and 26.11.09.08 in the 

‘‘Additional explanation/citation at 40 

CFR 52.1100’’ column is revised. 

c. COMAR 26.11.17—The text for 

COMAR 26.11.17.01 and 26.11.17.03 in 

the ‘‘Additional explanation/citation at 

40 CFR 52.1100’’ column is revised. 

d. COMAR 26.11.19—The text for 

COMAR 26.11.19.17 in the ‘‘Additional 

explanation/citation at 40 CFR 52.1100’’ 

column is removed. 

e. COMAR 26.11.25—The 

abbreviation ‘‘COMAR’’ in the ‘‘Code of 

Maryland administrative regulations 

(COMAR) citation’’ column is removed; 

the regulation titles for COMAR 

26.11.25.03 and 26.11.25.04 in the 

‘‘Title/subject’’ column are revised. 

f. COMAR 11.14.08.22—The 

regulation title in the ‘‘Title/subject’’ 

column is revised. 

g. COMAR 03.03.06.05—The 

regulation title in the ‘‘Title/subject’’ 

column is revised. 

EPA has determined that today’s rule 

falls under the ‘‘good cause’’ exemption 

in section 553(b)(3)(B) of the 

Administrative Procedures Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation, and section 

553(d)(3) which allows an agency to 

make a rule effective immediately 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). Today’s rule simply codifies 

provisions which are already in effect as 

a matter of law in Federal and approved 

State programs. Under section 553 of the 

APA, an agency may find good cause 

where procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment is 

‘‘unnecessary’’ and ‘‘contrary to the 

public interest’’ since the codification 

only reflects existing law. Immediate 

notice in the CFR benefits the public by 

removing outdated citations and 

incorrect chart entries. 


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