Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Proposed Rules 9997

Regulations by distribution of a public

notice to all known interested parties.

Procedureal Requirements

a. Executive Order 12866

This proposed rule is not a significant

regulatory action under E.O. 12866. The

Corps expects the economic impact of

this rule, if approved, to be so minimal

that further regulatory evaluation is

unnecessary. We have concluded this

because we expect that the proposed

change will benefit the commercial

towing industry.

b. Review Under the Regulatory

Flexibility Act

These proposed rules have been

reviewed under the Regulatory

Flexibility Act (Pub. L. 96–354), which

requires the preparation of a regulatory

flexibility analysis for any regulation

that will have a significant economic

impact on a substantial number of small

entities (i.e., small businesses and small

Governments). The Corps expects that

the economic impact of the change to

the tow length on the Red River

Waterway and mooring locations on the

Yazoo Diversion Canal, would have a

positive affect on the towing industry

and the general public, with no

anticipated navigational safety or

interference with existing waterway

traffic and accordingly, certifies that this

proposal, if adopted, will have no

significant economic impact on small

entities.

c. Review Under the National

Environmental Policy Act

An environmental assessment has

been prepared for this action. We have

concluded, based on the Red River

Waterway increase in tow length and

Yazoo Diversion Canal mooring

locations, there will not be a significant

impact to the human environment, and

preparation of an environmental impact

statement is not required. The

environmental assessment may be

reviewed at the Corps Vicksburg District

Office, in room 129, Regulatory Branch,

located at 4155 E. Clay Street,

Vicksburg, Mississippi.

d. Collection of information

This proposed rule contains no

collection of information under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

e. Federalism

The Corps has analyze this proposed

rule under principles and criteria in

E.O. 12612 and has determined that this

proposed rule does not have sufficient

federalism implications to warrant

preparation of a Federalism Assessment.

f. Unfunded Mandates Act

This proposed rule does not impose

an enforceable duty among the private

sector and therefore, is not a Federal

private sector mandate and is not

subject to the requirements of Section

202 or 205 of the Unfunded Mandates

Act. We have also found, under Section

203 of the Act, that small Governments

will not be significantly and uniquely

affected by this rulemaking.

List of Subjects in 33 CFR Part 207

Navigation (water), Transportation,

and Lockage.

For the reasons set out in the

preamble, we propose to amend 33 CFR

Part 207, as follows:

PART 207—NAVIGATION

REGULATIONS

The authority citation for Part 207

continues to read as follows:

Authority: 40 Stat. 266 (33 U.S.C. 1).

2. Section 207.249 is amended by

revising paragraphs (b)(5)(iv) to read as

follows:

§ 207.249 Ouachita and Black Rivers, Ark,

and La. Mile 0.0 to Mile 338.0 (Camden, Ark.)

above the mouth of the Black River; the Red

River, La., Mile 6.7 (Junction of Red,

Atchafalaya and Old Rivers) to Mile 228.0

(Shreveport, La.); use, administration, and

navigation.

(b) * * *

(5) * * *

(iv) The maximum dimensions on the

Red River Waterway of a vessel tow

attempting to pass through the lock

during normal pool stages in a single

passage are 80 feet wide, 705 feet long,

and 9 feet draft. Tows requiring

breaking into two or more sections to

pass through the lock may transit the

lock at such time as the lockmaster/lock

operator determines that they will

neither unduly delay the transit of craft

of lesser dimensions, nor endanger the

lock structure and appurtenances

because of wind, current, and other

adverse conditions. These craft are also

subject to such special handling

requirements as the lockmaster/lock

operator finds necessary at the time of

transit.

* * * * *

3. Section 207.260 is amended by

revising paragraphs (c) and (g) to read as

follows:

§ 207.260 Yazoo Diversion Canal,

Vicksburg, Miss., from its mouth to the

entrance of the upper Vicksburg Harbor

Extension.

* * * * *

(c) Mooring. No vessel or raft shall be

moored along the west bank of the canal

between points Latitude 32°21′22′′,

Longitude 90°53′02′′ and Latitude

32°20′48′′, Longitude 90°53′22′′, which

is approximately 2000 feet above and

2000 feet below the public boat launch

(foot of Clay Street) at Vicksburg City

Front. No vessel or raft shall be moored

along the west bank of the canal at any

stage from the mouth of the Yazoo

Diversion Canal where it enter into the

Mississippi River to Latitude 32°20′21′′,

Longitude 90°53′44′′ which is

approximately 1200 feet from the

mouth. At stages below 20 on the

Vicksburg gage, no vessel or raft shall be

moored along the east bank of the canal

from the mouth of the Yazoo Diversion

Canal where it enters into the

Mississippi River to Latitude 32°20′12′′,

Longitude 90°53′41′′, which is

approximately 750 feet from the mouth.

When tied up, boats, barges, or rafts

shall be moored by bow and stern lines

parallel to the bank and as close in as

practicable. Lines shall be secured at

sufficiently close intervals to insure the

vessel or raft will not be drawn away

from the bank by winds, current, or

other passing vessels. No vessel or raft

shall be moored along the banks of the

canal for a period longer than five (5)

days without written permission from

the District Engineer, Corps of

Engineers, Vicksburg District Office,

4155 E. Clay St, Vicksburg, Mississippi

39180–3435.

* * * * *

(g) Fairway. A clear channel not less

than 175 feet wide as established by the

District Engineer shall be left open at all

times to permit free and unobstructed

navigation by all types of vessels.

Dated: February 19, 1997.

John P. D’Aniello,

Deputy Director of Civil Works.

[FR Doc. 97–5048 Filed 3–4–97; 8:45 am]

BILLING CODE 3710–92–M

PANAMA CANAL COMMISSION

35 CFR Part 103

RIN 3207–AA40

Preference in the Transit Schedule/

Order of Transiting Vessels;

Passenger Steamers Given Preference

in Transiting

AGENCY: Panama Canal Commission.

ACTION: Notice of proposed rule with

request for comments.

SUMMARY: This document proposes a

test of a revised vessel transit

reservation system. The proposed rule

incorporates certain new features,

including increasing the number of
9998 Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Proposed Rules

available reserved transit slots, creation

of a third booking period, establishment

of new booking fees for transit

reservations whenever the total number

of vessels awaiting transit is excessively

high, and clarification and refinement of

procedures concerning cancellations

refunds, and penalties.

The proposed rule being announced

also makes certain passenger vessels

seeking preference over other vessels in

transiting the Panama Canal, that

heretofore were exempt, subject to the

revised vessel transit reservation system

to be tested.

DATES: Written comments must be

received on or before April 4, 1997.

ADDRESSES: Written comments may be

mailed to John A. Mills, Secretary,

Panama Canal Commission, 1825 I

Street, NW, Suite 1050, Washington, DC

20006–5402, Telephone (202) 634–6441,

Fax (202) 634–6439, Internet E-Mail:

PanCanalWO@AOL.COM.

FOR FURTHER INFORMATION CONTACT: John

A. Mills, Secretary, Panama Canal

Commission, 1825 I Street, NW, Suite

1050, Washington, DC 20006–5402,

Telephone (202) 634–6441, Fax (202)

634–6439, Internet E-Mail:

PanCanalWO@AOL.COM.

SUPPLEMENTARY INFORMATION: On April

1, 1983, the Panama Canal Commission

(PCC) implemented the vessel transit

reservation system described in 35 CFR

103.8.

Section 1801 of the Panama Canal Act

of 1977, as amended (22 U.S.C. 3811),

authorizes PCC to prescribe and, from

time to time, amend regulations

governing the passage and control of

vessels through the Panama Canal or

any part thereof, including the locks and

approaches thereto.

For the reasons discussed below, PCC

proposes to adopt an interim rule to test

certain improvements and modifications

to the current vessel transit reservation

system, formerly known as the Panama

Canal Transit Booking System.

Technological advances now permit

the shipping industry to schedule

vessels for arrival and transit of the

Panama Canal earlier than the current

21-day limitation stipulated in 35 CFR

103.8. Additionally, a significant

number of Canal customers (especially

those who utilize the reservation

system) operate on regular fixed

schedules that are planned and

published as much as a year in advance.

The sixteen (16) reserved transit slots

currently available are based on what

the sustainable Canal capacity was in

1983 when the current vessel transit

reservation system was put into effect.

Today, due to major Canal

improvements and more efficient use of

PCC’s operational resources, the

sustainable Canal capacity has been

significantly increased, thereby allowing

reserved transit slots to be increased to

21.

Under the current vessel transit

reservation system, when reduced Canal

capacity attributable to maintenance

and other factors coincides with

unusually high vessel arrivals, transit

bookings frequently are suspended.

Canal customers complain that it is

during just such periods that the vessel

transit reservation system is the most

beneficial to shipping and, for that

reason, Canal authorities should

continue taking reservations.

In response to these customers

complaints, when due to various

operational factors sustained Canal

capacity is expected to be reduced,

Canal authorities will continue to book

transits, although the number of

available reserved transit slots may be

reduced. To better reflect the market

value of the transit reservation service

being provided to Canal customers

whenever the total number of vessels

awaiting transit is excessively high,

customers wishing to reserve transit

slots during these periods will be

required to pay a premium booking fee.

Since 1925, certain passenger vessels

have been given preference over other

vessels in transiting the Panama Canal;

the original justification being that such

vessels carried the bulk of overseas

travelers and mail and, unlike most

other vessels, operated on fixed

published schedules. When the current

vessel transit reservation system went

into effect in 1983, passenger vessels

were exempted from the provisions

thereof and continued to receive

preference in transiting. Today, the

focus of the passenger vessel industry is

luxury leisure cruising. Also, many

other types of vessels now operate on

fixed published schedules.

In fairness to all Canal customers

seeking timely transits, commercial

passenger vessels, as a condition to

continuing to receive preference in

transiting the Canal, should be required

to reserve transit slots and pay

prescribed booking fees.

Technological improvements in PCC’s

communications capabilities will permit

Canal customers to request transit

reservations 24 hours a day.

Cancellations of transit bookings on

short notice by Canal customers is

disruptive to vessel transit operations.

Shortened deadlines coupled with

financial incentives will encourage

customers to give Canal authorities

greater advance notice of cancellations.

Summarizing, PCC hereby proposes to

implement an interim rule, which

would test certain modifications and

refinements of the existing rule, in the

following particulars:

1. Make commercial passenger vessels

subject to the vessel transit reservation

system as a condition of continued

preferential treatment in transiting;

2. Increase the number of reserved

transit slots from 16 to 21;

3. Permit reservation requests to be

made via fax, 24 hours a day, with

processing handled on a first come-first

served basis;

4. Permit transit reservations to be

made up to 365 days in advance;

5. Increase booking fee whenever the

total backlog of vessels awaiting transit

is projected to be, within 48-hours, 90

or more vessels, to $0.69 per PC/UMS

Net Ton;

6. Use shortened deadlines and

financial incentives to reduce

cancellations of transit bookings on

short notice; and

7. Clarify policies and procedures

concerning refunds and penalties.

The test of the interim rule will be

120 days in duration, or longer, to afford

PCC a fair opportunity to determine

whether the refinements to the current

rule discussed herein, are feasible and

beneficial to PCC and its customers.

PCC strongly encourages all interested

persons to submit written data, views or

arguments before PCC publishes the

interim rule in the Federal Register. All

timely written submissions will be

considered by PCC. Wherever suggested

revisions to the proposed rule are

indicated, revisions based thereon will

be made. The test of the interim rule

will commence upon its publication in

the Federal Register, but no earlier than

the expiration of the comment period

announced in this notice.

PCC is exempt from Executive Order

12866. The provisions of that directive,

therefore, do not apply to this proposed

rule. Even if the Order was applicable,

this proposed rule would not have any

significant economic impact on any

substantial number of small entities

under the Regulatory Flexibility Act of

1980.

Additionally, PCC has determined

that implementation of this proposed

rule will not have an adverse effect on

competition, employment, investment,

productivity, innovation, or the ability

of the U.S.-based enterprises to compete

with foreign-based enterprises in

domestic or export markets.

The Secretary of PCC certifies that

these proposed regulatory changes meet

the applicable standards contained in

sections 3(a) and 3(b)(2) of Executive

Order No. 12988 of February 7, 1996.
Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Proposed Rules 9999

List of Subjects in 35 CFR Parts 103 and

104

General provisions governing vessels,

Panama Canal, Vessels.

For the reasons set forth in the

preamble, PCC proposes to amend 35

CFR Chapter 1 by removing §§ 103.8

and 103.9, and adding a new part 104

to read as follows:

PART 104—VESSEL TRANSIT

RESERVATION SYSTEM

Sec.

104.1 Applicability and scope.

104.2 Definitions.

104.3 Booking periods; allocation of

booking slots.

104.4 Booked transits.

104.5 Passenger vessel preference.

104.6 Booking Fees.

104.7 Penalties.

104.8 Re-scheduling; refunds.

104.9 Cancellations.

104.10 Regular transits.

104.11 Temporary suspension of system.

104.12 Further implementation.

Authority: 22 U.S.C. 3811.

§ 104.1 Applicability and scope.

Subject to the limitations imposed by

Article III of the 1901 Treaty to

Facilitate the Construction of a Ship

Canal, entered into by the United States

and Great Britain, and by Articles II and

VI of the 1977 Treaty concerning the

Permanent Neutrality and Operation of

the Panama Canal, between the United

States and the Republic of Panama,

Canal authorities have implemented a

vessel transit reservation system that

allows vessels desiring transit of the

Panama Canal to reserve transit slots by

complying with the provisions of this

part.

§ 104.2 Definitions.

(a) Booked for transit means that a

vessel, in advance of arriving at the

Canal, has been assigned a specific date

by Canal authorities on which it will be

moved through the Canal and that the

vessel has otherwise complied with the

provisions of this part.

(b) Regular transit means movement

through the Canal of a vessel that has

not been booked for transit.

(c) Required arrival time means the

date and the hour of the day established

by Canal authorities as the deadline by

which a vessel booked for transit must

arrive at a terminus of the Canal in order

to transit on its reserved transit date.

§ 104.3 Booking periods; allocation of

booking slots.

(a) Vessel agents only may request

reserved transit slots for vessels during

the following booking periods:

(1) First period—365 to 22 days prior

to the requested transit date.

(2) Second period—21 days to 4 days

prior to the requested transit date.

(3) Third period—3 to 2 days prior to

the requested transit date.

(b) A total of 21 reserved transit slots

will be made available for all three

booking periods, allocation of which

among the booking periods is to be

determined by Canal authorities. Canal

authorities, from time to time, may

adjust the total number of available

reserved transit slots to ensure

continued safe and efficient operation of

the Canal.

§ 104.4 Booked Transits.

(a) The specific order vessels transit

the Canal, whether booked or regular

transits, shall be determined by Canal

authorities. Except as provided in this

part, a vessel booked for transit may not

transit prior to its reserved transit date,

unless Canal authorities determine that

assigning the vessel an earlier transit

slot would not impair safe and efficient

operation of the Canal.

(b) Notwithstanding any subsequent

assignment of an earlier transit slot, a

vessel booked for transit will be charged

the prescribed booking fee.

(c) Substitution of reserved transit

slots between or among vessels booked

for transit will be permitted only on

conditions specified by Canal

authorities.

§ 104.5 Passenger vessel preference.

To the extent consistent with efficient

operation of the Canal, and subject to

being booked for transit, commercial

passenger vessels running on fixed

published schedules will be given

preference over other vessels in

transiting, as determined by Canal

authorities.

§ 104.6 Booking fees.

(a) The booking fee for reserving a

transit slot for a vessel measured in

accordance with § 135.13(a) of this

chapter, shall be $0.26 per PC/UMS Net

Ton.

(b) The booking fee for reserving a

transit slot for a vessel subject to

transitional relief measures and

measured in accordance with

§ 135.13(b) of this chapter, shall be

$0.23 per Panama Canal Gross Ton, as

specified on the last tonnage certificate

issued to the vessel by Canal authorities

between March 23, 1976 and September

30, 1994, inclusive.

(c) Notwithstanding any contrary

provision, whenever the total number of

vessels awaiting transit at both

terminuses of the Canal is projected by

Canal authorities to be, within 48-hours,

90 or more vessels, any vessel booked

for transit that transits the Canal while

this condition is in effect shall

automatically be assessed a booking fee

of $0.69 per PC/UMS Net Ton.

(d) Notwithstanding any contrary

provision, the minimum booking fee for

any vessel booked for transit shall be

$1500.

§ 104.7 Penalties.

(a) The reserved transit slot of a vessel

booked for transit will be cancelled by

Canal authorities and a penalty fee

assessed in a sum that is the greater of

the prescribed booking fee or $1,500, in

the following situations:

(1) When a vessel that is subject to

transit restrictions (e.g., clear cut, clearcut daylight) has been booked for transit

and does not arrive at a terminus of the

Canal by 0200 hours of the day of the

scheduled transit;

(2) When a vessel that is not subject

to transit restrictions has been booked

for transit and does not arrive at a

terminus of the Canal by 1400 hours of

the day of the scheduled transit; or

(3) When a vessel booked for transit

arrives on time but cannot or, at the

vessel operator’s election, does not

transit as scheduled, despite the

readiness of Canal authorities to

proceed.

(b) Canal authorities may waive

assessment of a penalty fee if the vessel

agent presents acceptable proof that late

arrival of the vessel was due to a

medical or humanitarian emergency

arising during the voyage, or a naturally

occurring, extraordinary phenomenon

or event of major proportions that could

not have been reasonably predicted in

advance.

(c) Failure of the vessel agent to

provide complete and accurate

information required by Canal

authorities when requesting transit

bookings may result in rejection of the

booking request or cancellation of the

vessel’s reserved transit slot.

(d) When a vessel’s reserved transit

slot is cancelled, and unless otherwise

directed by the vessel agent, upon

arrival, Canal authorities will reschedule the vessel for regular transit.

§ 104.8 Re-scheduling; refunds.

(a) Except as otherwise provided, a

vessel agent, without penalty, may

request cancellation of a vessel’s

reserved transit slot and rescheduling of

the vessel for regular transit or,

alternatively, may request assignment of

an alternate reserved transit slot, in the

following situations:

(1) If for whatever reason Canal

authorities cancel or significantly delay

the transit of a vessel booked for transit

that is otherwise ready to proceed as

scheduled;
10000 Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Proposed Rules

(2) If for whatever reason Canal

authorities delay the transit of a vessel

booked for transit to such a degree that

the delay is likely to cause the vessel to

be unable to meet its required arrival

time for a later, second reserved transit,

booked before the delay of the first

reserved transit occurred; or

(3) If a vessel is booked for transit on

the assumption that the vessel will pay

the booking fee prescribed by § 104.6(a)

or (b) but, subsequently, a change in

traffic conditions occurs triggering the

higher booking fee prescribed by

§ 104.6(c).

(b) A vessel booked for transit will be

deemed to have transited the Canal on

its reserved transit date if the vessel

arrives at the first set of locks at either

terminus of the Canal prior to 2400

hours that day and its in-transit time

(ITT) is 18 hours or less. ITT begins

when the vessel enters the first set of

locks at either Canal terminus and ends

when the vessel departs the last set of

locks at the opposite terminus. No

booking fee will be charged if ITT,

through no fault of the vessel, exceeds

18 hours.

§ 104.9 Cancellations.

(a) A vessel agent may cancel the

transit reservation of a vessel by giving

notice prescribed by Canal authorities.

In such event, and except as otherwise

provided, a cancellation fee will be

charged. The amount of the fee will

depend on the amount of notice (days

or hours) received by Canal authorities

in advance of the vessel’s required

arrival time, according to the following

schedule:

Advance notice periods Cancellation fee

(the greater of)

31 days or more .............................................................................................................................. None.

30 to 11 days .................................................................................................................................. 20% of booking fee or $500.

10 to 7 days .................................................................................................................................... 40% of booking fee or $750.

6 to 2 days ...................................................................................................................................... 60% of booking fee or $1,000.

1 day to 8 hours .............................................................................................................................. 80% of booking fee or $1,200.

(b) Receipt of notice of cancellation of

a transit reservation by Canal authorities

after the vessel’s required arrival time

will result in levy of a cancellation fee

equal to the entire prescribed booking

fee.

§ 104.10 Regular Transits.

Vessels not booked for transit will be

scheduled for movement through the

Canal on the date and in the order

determined by Canal authorities. In

establishing the daily schedule of

vessels to be moved through the Canal,

the order in which vessels arrive is only

one of several considerations. In

general, regular transits will equal or

exceed in number, one-half the total

number of daily vessel transits.

§ 104.11 Temporary Suspension of

System.

(a) Canal authorities may temporarily

suspend, in whole or in part, for

whatever period of time deemed

necessary, the vessel transit reservation

system established by this part,

whenever Canal authorities determine

that such action is necessary to ensure

continued safe and efficient operation of

the Canal.

(b) No penalty or fee shall be levied

against any vessel booked for transit

whose reserved transit slot is cancelled

by reason of a temporary suspension of

the system pursuant to this section.

104.12 Further Implementation.

In order to ensure safe and efficient

operation of the system, Canal

authorities may establish additional

policies and procedures, define

additional terms and issue clarifications

and interpretations not inconsistent

with the provisions of this part, which

periodically will be published and

distributed to Canal customers through

notices to shipping or other appropriate

means.

Dated: February 28, 1997.

John A. Mills,

Secretary, Panama Canal Commission.

[FR Doc. 97–5396 Filed 3–4–97; 8:45 am]

BILLING CODE 3640–04–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MO–015–1015(b); FRL–5682–6]

Approval and Promulgation of

Implementation Plans; State of

Missouri

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA proposes to approve

the Asarco Glover, Missouri, lead

emission control plan submitted by the

state of Missouri on August 14, 1996.

The plan was submitted by the state to

satisfy certain requirements under the

Clean Air Act to reduce lead emissions

sufficient to bring the Liberty and

Arcadia Townships into attainment

with the National Ambient Air Quality

Standard for lead.

In the final rules section of the

Federal Register, the EPA is approving

the plan as a direct final rule without

prior proposal because the Agency

views this as a noncontroversial

revision and anticipates no adverse

comments. A detailed rationale for the

approval is set forth in the direct final

rule. If no adverse comments are

received in response to this proposed

rule, no further activity is contemplated

in relation to this rule. If the EPA

receives adverse comments, the direct

final rule will be withdrawn and all

public comments received will be

addressed in a subsequent final rule

based on this proposed rule. The EPA

will not institute a second comment

period on this document. Any parties

interested in commenting on this

document should do so at this time.

DATES: Comments must be received on

or before April 4, 1997.

ADDRESSES: Comments may be mailed to

Josh Tapp, Environmental Protection

Agency, Air Branch, 726 Minnesota

Avenue, Kansas City, Kansas 66101.

FOR FURTHER INFORMATION CONTACT: Josh

Tapp at (913) 551–7606.

SUPPLEMENTARY INFORMATION: See the

information provided in the direct final

rule which is located in the rules

section of the Federal Register.

Authority: 42 U.S.C. 7401—7671q.

Dated: January 15, 1997.

Dennis Grams,

Regional Administrator.

[FR Doc. 97–5138 Filed 3–4–97; 8:45 am]

BILLING CODE 6560–50–P