Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations 18993 

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: 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 

will update the following sections of the 

Regulation and Rules: Condition of 

Vessels; Seaway Navigation, Toll 

Assessment and Payment; Information 

and Reports; and Navigation Closing 

Procedures. 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: This rule is effective May 27, 

2009. 

ADDRESSES: 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 amending the joint regulations 

by updating the Regulations and Rules 

in various categories. The 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 

changes are to clarify existing 

requirements in the regulations. Where 

new requirements or regulations are 

being made, 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 amending 5 sections of 

the Condition of Vessels portion of the 

joint Seaway regulations. Under section 

401.7, ‘‘Fenders’’, the SLSDC is 

requiring 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 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 made 

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 

made 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 making 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 made. The 

heading is being revised to read 

‘‘Closing procedures and ice 

navigation’’. Where transits of certain 

vessels are restricted during ice 

conditions, transits between CIP15 and 

CIP 16 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. No 

comments were received from the 

Notice of Proposed Rulemaking 

published on March 12, 2009 in the 

Federal Register (Volume 74, Number 

47, page 10698). 

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 


dwashington3 on PROD1PC60 with RULES
18994 Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations 

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 is 

amending 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 130 m 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 Breaking 

strength 

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

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

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

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

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

Elongation of synthetic lines shall not exceed 20% 

■ 5. In § 401.11: 

■ a. Redesignate the introductory text as 

paragraph (a) introductory text; 

■ b. Redesignate paragraphs (a) through 

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

■ 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; 

(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 


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Federal Register / Vol. 74, No. 79 / Monday, April 27, 2009 / Rules and Regulations 18995 

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 222.5 m .... Between 20 m & 50 m from the stern ............. 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 April 16, 

2009. 

Saint Lawrence Seaway Development 

Corporation. 

Collister Johnson, Jr., 

Administrator. 

[FR Doc. E9–9233 Filed 4–24–09; 8:45 am] 

BILLING CODE 4910–61–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2008–0502; FRL–8783–5] 

Revisions to the California State 

Implementation Plan, South Coast Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the South Coast Air Quality 

Management District (SCAQMD) portion 

of the California State Implementation 

Plan (SIP). These revisions were 

proposed in the Federal Register on July 

30, 2008 and concern oxides of nitrogen 

(NOx) emissions from gaseous- and 

liquid-fueled internal combustion 

engines. We are approving a local rule 

that regulates these emission sources 

under the Clean Air Act as amended in 

1990 (CAA or the Act). 

DATES: Effective Date: This rule is 

effective on May 27, 2009. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2008–0502 for 

this action. The index to the docket is 

available electronically at http:// 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Francisco Do ́n ̃ ez, EPA Region IX, (213) 

244–1834, Donez.Francisco@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On July 30, 2008 (73 FR 44204), EPA 

proposed to approve the following rule 

into the California SIP. 

Local agency Rule No. Rule title Adopted Submitted 

SCAQMD ........................................................ 1110.2 Gaseous- and Liquid-Fueled Internal Combustion Engines.02/01/08 05/20/08 


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