10698 Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION 

Saint Lawrence Seaway Development 

Corporation 

33 CFR Part 401 

[Docket No. SLSDC–2009–0002] 

RIN 2135–AA28 

Seaway Regulations and Rules: 

Periodic Update, Various Categories 

AGENCY: Saint Lawrence Seaway 

Development Corporation, DOT. 

ACTION: Notice of proposed rulemaking. 

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 

proposed changes will update the 

following sections of the Regulations 

and Rules: Condition of Vessels; Seaway 

Navigation, Toll Assessment and 

Payment; Information and Reports; and 

Navigation Closing Procedures. These 

proposed 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: Any party wishing to present 

views on the proposed amendment may 

file comments with the Corporation on 

or before April 13, 2009. 

ADDRESSES: You may submit comments 

[identified by Docket Number SLSDC 

2009–0002] by any of the following 

methods: 

• Web Site: http:// 

www.Regulations.gov. Follow the online 

instructions for submitting comments/ 

submissions. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–001. 

• Hand Delivery: Documents may be 

submitted by hand delivery or courier to 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal Holidays. 

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 at http:// 

www.Regulations.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:// 

www.Regulations.gov; or in person at 

the Docket Management Facility; U.S. 

Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal 

Holidays. 

FOR FURTHER INFORMATION CONTACT: 

Carrie Mann Lavigne, Chief Counsel, 

Saint Lawrence Seaway Development 

Corporation, 180 Andrews Street, 

Massena, New York 13662; 315/764– 

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 proposing to amend the joint 

regulations by updating the Regulations 

and Rules in various categories. The 

proposed changes would update the 

following sections of the Regulations 

and Rules: Condition of Vessels; Seaway 

Navigation, Toll Assessment and 

Payment; Information and Reports; and 

Navigation Closing Procedures. 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 proposed, 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:// 

www.Regulations.gov. 

The SLSDC is proposing to amend 5 

sections of the Condition of Vessels 

portion of the joint Seaway regulations. 

Under section 401.7, ‘‘Fenders’’, the 

SLSDC is proposing to require that 

vessels be equipped with only 

horizontal fenders. Vessels that are 

equipped with diagonal fenders cause 

severe damage to the guide wall wooden 

and rubber fendering. Section 401.8, 

‘‘Landing booms’’, is being revised to 

allow only the use of synthetic mooring 

lines which are safer for personnel 

handling the lines than are heavy wires. 

Several changes are being made to 

section 401.10, ‘‘Mooring lines’’, to 

improve safety for ship and lock crews 

and to reduce user costs from the use of 

wire lines. These proposed amendments 

would set specific requirements for each 

mooring line that would ensure that 

safety is maintained through proper use 

of appropriate strength wire specific to 

ship size. These changes are being 

proposed based on tests conducted by 

the SLSMC in conjunction with relevant 

stakeholders during the 2007 and 2008 

navigation seasons. In section 401.11, 

‘‘Fairleads’’, amendments are being 

proposed that will reduce user costs 

while maintaining proper safe mooring 

arrangements for wires. 

Under section 401.12, ‘‘Minimum 

requirements—mooring lines and 

fairleads’’, the SLSDC is proposing to 

make several changes to the minimum 

requirements based on ship size that 

will better reflect new safety and 

efficiency allowances in conjunction 

with clarifying the use of individual 

winches per line. In section 401.97, 

‘‘Closing procedures’’, two amendments 

are being proposed. The heading will be 

revised to read ‘‘Closing procedures and 

ice navigation’’. Where transits of 

certain vessels are restricted during ice 

conditions, transits between CIP15 and 

CIP of the Welland Canal will also be 

restricted under the second proposed 

amendment. The other changes to the 

joint regulations are merely editorial or 

to clarify existing requirements. 

Regulatory Evaluation 

This proposed 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 proposed regulation will 

not have a significant economic impact 

on a substantial number of small 


cprice-sewell on PRODPC61 with PROPOSALS
Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Proposed Rules 10699 

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 proposed 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 

proposed 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 

proposed 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 proposed 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 

proposes to amend 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 § 401.7 revise paragraph (a) 

introductory text to read as follows: 

§ 401.7 Fenders. 

(a) Where any structural part of a 

vessel protrudes so as to endanger 

Seaway installations, the vessel shall be 

equipped with only horizontal 

permanent fenders— 

* * * * * 

3. In § 401.8 revise paragraph (c) 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 using synthetic mooring lines 

only. 

4. In § 401.10, paragraphs (a)(2), (a)(6), 

(b), and (d) are revised as follows: 

§ 401.10 Mooring lines. 

(a) * * * 

(2) Have a diameter not greater than 

28 mm for wire line and not greater than 

60 mm for approved synthetic lines; 

* * * * * 

(6) Be certified and a test certificate 

for each mooring line containing 

information on breaking strength, 

material type, elongation and diameter 

shall be available onboard for 

inspection. 

(b) Unless otherwise permitted by an 

officer, vessels greater than 130m shall 

only use wire mooring lines with a 

breaking strength that complies with the 

minimum specifications set out in the 

table in this section for securing a vessel 

in lock chambers. 

* * * * * 

(d) Notwithstanding paragraphs (a) 

through (c) of this section, nylon line is 

not permitted. 

TABLE

Overall length of ships 

Length of 

mooring line 

(m) 

Breaking 

strength 

(MT) 

40 m or more but not more than 60 m ............................................................................................................ 110 10 

more than 60 m but not more than 90 m ........................................................................................................ 110 15 

more than 90 m but not more than 120 m ...................................................................................................... 110 20 

more than 120 m but not more than 180 m .................................................................................................... 110 28 

more than 180 m but not more than 222.5 m ................................................................................................. 110 35 

Elongation of synthetic lines shall not exceed 20% 

5. In § 401.11: 

a. Redesignate paragraphs (a) through 

(c) as paragraphs (a)(1) through (a)(3); 

b. Redesignate the introductory 

paragraph as paragraph (a) introductory 

text; 

c. Revise newly redesignated 

paragraphs (a)(1) and (a)(2); and 

d. Add a new paragraph (b). 

The revisions and additions read as 

follows: 

§ 401.11 Fairleads. 

(a) * * * 

(1) Be led at the vessel’s side through 

a type of fairlead or closed chock, 

acceptable to the Manager and 

Corporation; 

(2) Pass through not more than three 

inboard rollers that are fixed in place 

and equipped with horns to ensure that 

lines will not slip off when slackened 

and provided with free-running sheaves 

or rollers; and 

* * * * * 

(b) Wire lines shall only be led 

through approved roller type fairleads. 

6. Revise § 401.12 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 vessels, winches and the location of 

fairleads on vessels are as follows: 

(1) Ships 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, of which 

may be hand held; 


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10700 Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Proposed Rules 

(i) One line shall lead forward from 

the break of the bow and one line shall 

lead astern from the quarter and be 

independently power operated by 

winches, capstans or windlasses and 

lead through closed chocks or fairleads 

acceptable to the Manager and the 

Corporation; and 

(ii) One synthetic hawser shall be 

hand held and lead astern from the 

break of the bow through chocks to 

suitable mooring bitts on deck; 

(2) Ships of more than 100 m but not 

more than 130 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. One shall lead 

forward and one shall lead astern from 

the quarter and all three lines shall be 

independently power operated; 

(3) Ships of more than 130 m in 

overall length shall have four mooring 

lines—wires, independently power 

operated by the main drums of adequate 

power operated winches as follows: 

(i) One mooring line shall lead 

forward and one mooring line shall lead 

astern from the break of the bow and 

shall be independently power operated 

by the main drums of adequate power 

operated winches; and 

(ii) One mooring line shall lead 

forward and one mooring line shall lead 

astern from the quarter and shall be 

independently power operated by the 

main drums of adequate power operated 

winches. 

(4) All lines shall be led through a 

type of fairlead acceptable to the 

Manager and the Corporation. 

(b) Unless otherwise permitted by the 

officer the following table sets out the 

requirements for the location of 

fairleads or closed chocks for ships of 

100 m or more in overall length: 

TABLE

Overall length of ships For mooring lines 

Nos. 1 and 2 

For mooring lines 

Nos. 3 and 4 

100 m or more but not more than 180 m .......... Shall be at a location on the ship side where 

the beam is at least 90% of the full beam of 

the vessel.

Shall be at a location on the ship side where 

the beam is at least 90% of the full beam of 

the vessel. 

more than 180 m but not more than 222.5m ..... Between 20 m & 50 m from the stem ............. Between 20 m & 50 m from the stern. 

7. Revise § 401.38 to read as follows: 

§ 401.38 Limit of approach to a lock. 

A vessel approaching a lock shall 

comply with directions indicated by the 

signal light system associated with the 

lock and in no case shall its stem pass 

the designated limit of approach sign 

while a red light or no light is 

displayed. 

8. In § 401.75, add a new paragraph 

(c) to read as follows: 

§ 401.75 Payment of tolls. 

* * * * * 

(c) Fees for Seaway arranged security 

guard in compliance with Transport 

Canada Security regulations shall be 

paid in Canadian funds within 30 days 

of billing. 

9. 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 

station and Transport Canada Marine 

Safety or U.S. Coast Guard office as soon 

as possible and prior to departing the 

Seaway system. 

* * * * * 

10. In § 401.96 paragraph (e) is revised 

to read as follows: 

§ 401.96 Definitions. 

* * * * * 

(e) Wintering vessel means a vessel 

that enters the Seaway upbound after a 

date designated each year by the 

Corporation and the Manager and 

transits above Iroquois Lock. 

11. In § 401.97, the heading and 

paragraphs (f) introductory text and 

(f)(2) are revised to read as follows: 

§ 401.97 Closing procedures and ice 

navigation. 

* * * * * 

(f) Where ice conditions restrict 

navigation, 

* * * * * 

(2) No downbound vessel that has a 

power to length ratio of less than 15:1 

(kW/meter) and a forward draft of less 

than 25 dm shall transit between the St. 

Lambert Lock and the Iroquois Lock of 

the Montreal-Lake Ontario Section of 

the Seaway and CIP 15 and CIP 16 of the 

Welland Canal. 

Issued at Washington, DC, on March 2, 

2009. 

Saint Lawrence Seaway Development 

Corporation. 

Collister Johnson, Jr., 

Administrator. 

[FR Doc. E9–4929 Filed 3–11–09; 8:45 am] 

BILLING CODE 4910–61–P 

DEPARTMENT OF AGRICULTURE 

36 CFR Part 251 

RIN 0596–AC87 

Management of National Forest 

System Surface Resources With 

Privately Held Mineral Estates 

AGENCY: Forest Service, USDA. 

ACTION: Proposed rule; reopening of 

public comment period. 

SUMMARY: In order to allow interested 

parties additional time to review and 

provide comments about issues of law 

and policy raised in this proposed 

rulemaking, the Forest Service is 

reopening the comment period for 30 

days for the advance notice of proposed 

rulemaking for the ‘‘Management of 

National Forest System Surface 

Resources with Privately Held Mineral 

Estates’’. The rule would revise the 

regulations to provide clarity and 

direction on the management of 

National Forest System surface 

resources when the mineral estate is 

privately held. The Forest Service 

invites written comments on this 

advance notice. The original notice 

called for comments to be submitted by 

February 27, 2009. 

DATES: The comment period for the 

proposed rule published December 29, 

2008 (73 FR 79424), is reopened. 

Comments must be received in writing 

by April 13, 2009. 

ADDRESSES: Written comments 

concerning this advance notice of 


cprice-sewell on PRODPC61 with PROPOSALS