[Federal Register Volume 72, Number 13 (Monday, January 22, 2007)]
[Rules and Regulations]
[Pages 2618-2620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-814]


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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: Final rule.

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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 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:
    <bullet> Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
    <bullet> Fax: 1-202-493-2251.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
    <bullet> 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.
    <bullet> 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.

[[Page 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.


0
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

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.


[[Page 2620]]



0
2. In Sec.  401.2 paragraph (k) is revised to read as follows:


Sec.  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).
* * * * *

0
3. In Sec.  401.8 paragraph (c) is 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.

0
4. Section 401.12 paragraph (a) introductory text is revised to read as 
follows:


Sec.  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:
* * * * *

0
5. In Sec.  401.22 paragraph (c) is revised to read as follows:


Sec.  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.
* * * * *

0
6. Sec.  401.24 is 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.

0
7. In Sec.  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:


Sec.  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.
* * * * *

0
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 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.

0
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) 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.
* * * * *
0
10. Sec.  401.70 is 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.
0
11. In Sec.  401.72 paragraph (b) is 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.
* * * * *
0
12. In Sec.  401.93 paragraph (b) is 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 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