[Federal Register Volume 74, Number 47 (Thursday, March 12, 2009)]
[Proposed Rules]
[Pages 10698-10700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4929]



[[Page 10698]]

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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.

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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 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:
    <bullet> Web Site: http://www.Regulations.gov. Follow the online 
instructions for submitting comments/submissions.
    <bullet> Fax: 1-202-493-2251.
    <bullet> 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.
    <bullet> 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

[[Page 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 Sec.  401.7 revise paragraph (a) introductory text to read as 
follows:


Sec.  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 Sec.  401.8 revise paragraph (c) 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 using synthetic mooring 
lines only.
    4. In Sec.  401.10, paragraphs (a)(2), (a)(6), (b), and (d) are 
revised as follows:


Sec.  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
------------------------------------------------------------------------
                                          Length of         Breaking
       Overall length of ships        mooring line (m)    strength (MT)
------------------------------------------------------------------------
40 m or more but not more than 60 m.               110                10
more than 60 m but not more than 90                110                15
 m..................................
more than 90 m but not more than 120               110                20
 m..................................
more than 120 m but not more than                  110                28
 180 m..............................
more than 180 m but not more than                  110                35
 222.5 m............................
------------------------------------------------------------------------
           Elongation of synthetic lines shall not exceed 20%
------------------------------------------------------------------------

    5. In Sec.  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:


Sec.  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 Sec.  401.12 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 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;

[[Page 10700]]

    (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
------------------------------------------------------------------------
                                For mooring lines     For mooring lines
   Overall length of ships        Nos. 1 and 2          Nos. 3 and 4
------------------------------------------------------------------------
100 m or more but not more    Shall be at a         Shall be at a
 than 180 m.                   location on the       location on the
                               ship side where the   ship side where the
                               beam is at least      beam is at least
                               90% of the full       90% of the full
                               beam of the vessel.   beam of the vessel.
more than 180 m but not more  Between 20 m & 50 m   Between 20 m & 50 m
 than 222.5m.                  from the stem.        from the stern.
------------------------------------------------------------------------

    7. Revise Sec.  401.38 to read as follows:


Sec.  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 Sec.  401.75, add a new paragraph (c) to read as follows:


Sec.  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 Sec.  401.81 paragraph (a) is revised to read as follows:


Sec.  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 Sec.  401.96 paragraph (e) is revised to read as follows:


Sec.  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 Sec.  401.97, the heading and paragraphs (f) introductory 
text and (f)(2) are revised to read as follows:


Sec.  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