2618 Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Rules and Regulations 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.lD, 

and Department of Homeland Security 

Management Directive 5100.1, which 

guides the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321–

4370f), and have concluded that there 

are no factors in this case that would 

limit the use of a categorical exclusion 

under section 2.B.2 of the Instruction. 

Therefore, this rule is categorically 

excluded, under figure 2–1, paragraph 

(32)(e) of the Instruction, from further 

environmental documentation. Under 

figure 2–1, paragraph (32)(e_, of the 

Instruction, an ‘‘Environmental Analysis 

Check List’’ and a ‘‘Categorical 

Exclusion Determination’’ are not 

required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; Department of 

Homeland Security Delegation No. 0170.1; 33 

CFR 1.05–1(g); section 117.255 also issued 

under the authority of Pub. L. 102–587, 106 

Stat. 5039. 

■ 2. Revise § 117.287(d)(1) and (2) to 

read as follows: 

§ 117.287 Gulf Intracoastal Waterway. 

* * * * * 

(d)(1) Cortez (SR 684) Bridge, mile 

87.4. The draw shall open on signal, 

except that from 6 a.m. to 7 p.m., the 

draw need only open on the hour, 20 

minutes after the hour, and 40 minutes 

after the hour. From January 15 to May 

15, from 6 a.m. to 7 p.m., the draw need 

only open on the hour and half hour. 

(2) Anna Maria (SR 64) (Manatee 

Avenue West) Bridge, mile 89.2. The 

draw shall open on signal, except that 

from 6 a.m. to 7 p.m., the draw need 

only open on the hour, 20 minutes after 

the hour, and 40 minutes after the hour. 

From January 15 to May 15, from 6 a.m. 

to 7 p.m., the draw need only open on 

the hour and half hour. 

* * * * * 

Dated: January 5, 2007. 

D.W. Kunkel, 

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

Seventh Coast Guard District. 

[FR Doc. E7–832 Filed 1–19–07; 8:45 am] 

BILLING CODE 4910–15–P 

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: 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; Dangerous 

Cargo; 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 amendments are merely editorial 

or for clarification of existing 

requirements. 

DATES: Effective date: This rule is 

effective February 21, 2007. 

Comment date: Any party wishing to 

present views on the final rule may file 

comments with the Corporation on or 

before February 21, 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 am and 5 pm, 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; Dangerous 

Cargo; and, General. These updates are 

necessary to take account of updated 

procedures which will enhance the 

safety of transits through the Seaway. 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Rules and Regulations 2619 

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. 

A Notice of Proposed Rulemaking was 

published on December 4, 2006 (71 FR 

70336). Interested parties have been 

afforded an opportunity to comment. 

While no public comments were 

received, the SLSDC is making a few 

minor editorial changes to the final rule 

in order to ensure consistency between 

the final rules published in each 

jurisdiction. 

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 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 adding 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 will aid in clarifying the 

location to which a vessel must provide 

its 96 hours notice of arrival. 

The SLSDC is making two 

amendments to the joint regulations 

pertaining to the Condition of Vessels. 

Under section 401.8, ‘‘Landing booms’’, 

the SLSDC is requiring vessels that are 

equipped with landing booms, but not 

using them, to use the Seaway’s tie-up 

service at approach walls. This 

amendment clarifies 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 

providing 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 being made. The 

amendment to section 401.22, 

‘‘Preclearance of vessels’’, will 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 

revised to eliminate the requirement 

that a representative of a vessel must 

submit 3 copies of a preclearance form 

since the Manager no longer issues 3 

copies of the form. 

The SLSDC is making two 

amendments to the joint regulations 

pertaining to Seaway Navigation. Under 

section 401.40, ‘‘Entering a lock’’, the 

SLSDC is renaming the section and 

adding 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 

requires 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 

added to clarify that the requirement to 

use the automated ticked dispensers 

only applies to vessels transiting 

Canadian locks since there are no 

automated ticket dispensers at the U.S. 

locks. 

The SLSDC is making several 

clarifying/editorial changes in the joint 

Seaway regulations pertaining to 

Dangerous Cargo. Revised 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’’, clarifies that the 

Seaway(s) issue Seaway Explosives 

Permission Letters rather than permits. 

In the regulations pertaining to 

general requirements, the SLSDC makes 

one amendment. Under section 401.93, 

‘‘Access to Seaway property,’’ the word 

‘‘swim’’ is 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 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 

amends 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. 


sroberts on PROD1PC70 with RULES
2620 Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Rules and Regulations 

■ 2. In § 401.2 paragraph (k) is revised 

to read as follows: 

§ 401.2 Interpretation. 

* * * * * 

(k) Seaway Station means a radio 

station operated by the Corporation or 

the Manager. (Refer to 401.62. Seaway 

Stations for the list and location of 

stations). 

* * * * * 

■ 3. In § 401.8 paragraph (c) is revised 

to read as follows: 

§ 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 is revised to read as 

follows: 

§ 401.12 Minimum requirements—mooring 

lines and fairleads. 

(a) Unless otherwise permitted by the 

officer the 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: 

* * * * * 

■ 5. In § 401.22 paragraph (c) is revised 

to read as follows: 

§ 401.22 Preclearance of vessels. 

* * * * * 

(c) Unless otherwise permitted by an 

officer a non-commercial vessel of 300 

gross registered tonnage or less cannot 

apply for preclearance status and must 

transit as a pleasure craft. 

* * * * * 

■ 6. § 401.24 is revised as follows: 

§ 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 § 401.40 the section heading is 

revised, paragraphs (b) and (c) are 

redesignated as paragraphs (c) and (d), 

respectively, and a new paragraph (b) is 

added to read as follows: 

§ 401.40 Entering, Exiting or Position in 

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 § 401.58 paragraph (b) is revised 

to read as follows: 

§ 401.58 Pleasure craft scheduling. 

* * * * * 

(b) Every pleasure craft seeking to 

transit Canadian Locks shall stop at a 

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 § 401.68, the section heading and 

paragraphs (a) introductory text, (b), (c), 

and (d) are revised to read as follows: 

§ 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) of this section, 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. § 401.70 is revised to read as 

follows: 

§ 401.70 Fendering—explosive and 

hazardous cargo vessels. 

All explosive vessels requiring a 

Seaway Explosives Permission Letter in 

accordance with § 401.68 and all tankers 

carrying cargo with a flashpoint of up to 

61 °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 § 401.72 paragraph (b) is revised 

to read as follows: 

§ 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 § 401.93 paragraph (b) is revised 

to read as follows: 

§ 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 January 11, 

2007. 

Saint Lawrence Seaway Development 

Corporation. 

Collister Johnson, Jr., 

Administrator. 

[FR Doc. E7–814 Filed 1–19–07; 8:45 am] 

BILLING CODE 4910–61–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2003–0156; FRL–8272–2] 

RIN 2060–AN91 

Standards of Performance for New 

Stationary Sources and Emission 

Guidelines for Existing Sources: Other 

Solid Waste Incineration Units: 

Reconsideration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of final action on 

reconsideration. 

SUMMARY: On December 16, 2005, EPA 

published final rules entitled, 

‘‘Standards of Performance for New 

Stationary Sources and Emission 

Guidelines for Existing Sources: Other 

Solid Waste Incineration Units.’’

Following that final action, the 

Administrator received a petition for 

reconsideration. In response to the 

petition, on June 28, 2006, EPA 

announced our reconsideration of 

whether SSI should be excluded from 

the other solid waste incineration units 

(OSWI) rules and requested comment on 


sroberts on PROD1PC70 with RULES