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[Federal Register Volume 90, Number 6 (Friday, January 10, 2025)]
[Rules and Regulations]
[Pages 1881-1884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31566]

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DEPARTMENT OF TRANSPORTATION

Great Lakes St. Lawrence Seaway Development Corporation

33 CFR Part 401

RIN 2135-AA5

Seaway Regulations and Rules: Periodic Update, Various Categories

AGENCY: Great Lakes St. Lawrence Seaway Development Corporation, 
Department of Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The Great Lakes St. Lawrence Seaway Development Corporation 
(GLS) 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 GLS is amending the joint regulations by 
updating the regulations and rules in various categories. These changes 
are to clarify existing requirements in the regulations.

DATES: This rule is effective on January 10, 2025.

ADDRESSES: Docket: For access to the docket to read background 
documents or comments received, go to https://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, Washington, DC 20590-001, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Carrie Mann Lavigne, Chief Counsel, 
Great Lakes St. Lawrence Seaway Development Corporation, 180 Andrews 
Street, Massena, New York 13662; (315) 764-3200.

SUPPLEMENTARY INFORMATION: The GLS and 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 GLS 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, 
Seaway Navigation, Radio Communications, Dangerous Cargo, Information 
and Reports, and General. These changes are to clarify existing 
requirements in the regulations.
    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 (65 FR 19477-78) or you may visit 
https://www.regulations.gov.
    The joint regulations will become effective in Canada in 2025 prior 
to the opening of the Seaway. For consistency, because these are joint 
regulations under international agreement, and to avoid confusion among 
users of the Seaway, the GLS finds that there is good cause to make the 
U.S. version of the amendments effective upon the date of publication 
to ensure an effective date prior to the Seaway opening.

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

    The GLS certifies that 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.

[[Page 1882]]

List of Subjects in 33 CFR Part 401

    Hazardous materials transportation, Navigation (water), Penalties, 
Radio, Reporting and recordkeeping requirements, Vessels, Waterways.

    Accordingly, the Great Lakes St. Lawrence Seaway Development 
Corporation is amending 33 CFR part 401 as follows:

PART 401--SEAWAY REGULATIONS AND RULES

Subpart A--Regulations

0
1. The authority citation for part 401, subpart A continues to read as 
follows:

    Authority: 33 U.S.C. 983(a) and 984(a)(4), as amended; 49 CFR 
1.101, unless otherwise noted.

0
2. Revise Sec.  401.8 to read as follows:

Sec.  401.8  Landing booms.

    (a) Vessels of more than 50 m in overall length and a freeboard of 
2m or more may be equipped with landing booms.
    (b) For vessels with landing booms:
    (1) Vessel must be equipped with an adequate landing boom on each 
side;
    (2) Landing booms must be in compliance with applicable 
regulations;
    (3) Vessel's crews shall be adequately trained in the use of 
landing booms for the purpose of landing crew ashore; and
    (4) Vessel must have onboard for inspection the following 
documents:
    (i) A copy of the test certificates for each of the landing booms 
from either a classification society or a third party, dated within 5 
years;
    (ii) Documents to demonstrate appropriate training; and
    (iii) Documented tests and maintenance records of landing boom 
equipment.
    (c) At the U.S. Locks, vessels not equipped with or not using 
landing booms may be tied up at the approach walls based on Lock 
personnel availability.
    (d) At the Canadian Locks, vessels not equipped with or not using 
landing booms may be delayed and/or put to anchor until such time that 
the traffic pattern can accommodate their transit.

0
3. Amend Sec.  401.9 by:
0
a. Revising paragraph (c); and
0
b. Removing the parenthetical authority citation at the end of the 
section.
    The revision reads as follows:

Sec.  401.9  Radio telephone and navigation equipment.

* * * * *
    (c) Gyro compass error greater than 2 degrees must be serviced 
prior to transiting the Seaway, and if noted during a Seaway transit, 
must be reported to the nearest Seaway station and serviced at the 
first opportunity.

0
5. Amend Sec.  401.10 by:
0
a. Revising the table following paragraph (d); and
0
b. Removing the parenthetical authority citation at the end of the 
section.
    The revision reads as follows:

Sec.  401.10  Mooring lines.

* * * * *
    (d) * * *

                        Table 1 to Paragraph (d)
------------------------------------------------------------------------
                                             Length of
         Overall length of ships           mooring line      Breaking
                                                (m)        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 200 m.             110              31
more than 200 m but not more than 225.5              110              35
 m......................................
------------------------------------------------------------------------
Elongation of synthetic lines shall not exceed 20%.

* * * * *

0
4. Amend Sec.  401.12 by revising the table in paragraph (b) to read as 
follows:

Sec.  401.12   Minimum requirements--mooring lines and fairleads.

* * * * *
    (b) * * *

                        Table 1 to Paragraph (b)
------------------------------------------------------------------------
                                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 ship.     beam of the ship.
more than 180 m but not more  Between 20 m & 50 m   Between 20 m & 50 m
 than 225.5m.                  from the stern.       from the stern.
------------------------------------------------------------------------

0
5. Amend Sec.  401.13 by revising paragraph (b) to read as follows:

Sec.  401.13  Hand lines.

* * * * *
    (b) Be of uniform thickness and have a diameter of not less than 
12mm and not more than 18 mm and a minimum length of 30m; and
* * * * *

0
6. Amend Sec.  401.14 by revising the section heading and paragraph (a) 
to read as follows:

Sec.  401.14  Anchors, anchor marking buoys.

    (a) Every vessel shall have their anchors cleared and have the 
anchor marking buoys free to deploy (weak link to hold buoy line 
onboard) with the buoy lines firmly secured to each anchor, and ready 
to be released prior to entering the Seaway.
* * * * *

0
7. Amend Sec.  401.17 by:
0
a. Revising paragraph (b); and
0
b. Removing the parenthetical authority citation at the end of the 
section.
    The revision reads as follows:

Sec.  401.17  Pitch indicators and alarms.

* * * * *

[[Page 1883]]

    (b) Visible and audible pitch alarms, with a time delay of not 
greater than 8 seconds, in the wheelhouse and engine room to indicate 
wrong way pitch.

0
8. Amend Sec.  401.19 by:
0
a. Revising paragraph (d); and
0
b. Removing the parenthetical authority citation at the end of the 
section.
    The revision reads as follows:

Sec.  401.19  Disposal and discharge systems.

* * * * *
    (d) Burning of shipboard garbage is prohibited between call in 
point 2 (CIP 2) and Cape Vincent, and between CIP 15 and 16.

0
9. Amend Sec.  401.29 by revising paragraph (c) to read as follows:

Sec.  401.29  Maximum draft.

* * * * *
    (c) Any vessel will be permitted to load at an increased draught of 
not more than 7 cm above the maximum permissible draught in effect as 
prescribed under paragraph (b) of this section if it is equipped with a 
Draught Information System (DIS) and meets the following:
    (1) An operational Draught Information System (DIS) approved by a 
member of the International Association of Classification Societies 
(IACS) as compliant with the Implementation Specifications found at 
www.greatlakes-seaway.com and having onboard:
    (i) An operational AIS with accuracy approved by the Seaway; and
    (ii) Up-to-date electronic charts; and
    (iii) Up-to-date charts containing high resolution bathymetric 
data; and
    (iv) Vessels must be equipped with a bow thruster and bow thruster 
must be operational.
    (2) The DIS Tool Display shall be located as close to the primary 
conning position and be visible and legible.
    (i) Verification document of the DIS must be kept on board the 
vessel at all times and made available for inspection;
    (ii) DIS license to use the software must be valid;
    (iii) Software version of DIS matches the version in the IACS 
verification letter, or higher;
    (iv) A company letter attesting to officer training on use of the 
DIS must be kept on board and made available for inspection; and
    (v) When transiting Seaway waters with the DIS, a trained officer 
on the use of the DIS must be on the bridge.
    (3) Any vessel not yet approved, but intending to use the DIS in 
the Seaway must notify the Manager or the Corporation at least 96 hours 
in advance so that arrangements can be made for appropriate testing for 
approval to use the DIS to transit the Seaway.
    (4) A vessel already approved to use the DIS to transit the Seaway 
must email a completed DIS Confirmation Checklist (found at 
www.greatlakes-seaway.com) to [email protected] 96 hours 
prior to its initial transit of the navigation season.
    (5) If for any reason the DIS, AIS, or bow thruster becomes 
inoperable, malfunctions, or is not used while the vessel is transiting 
at a draught greater than the maximum permissible draught prescribed 
under paragraph (b) of this section in effect at the time, the vessel 
must notify the Manager or the Corporation immediately.

0
10. Amend Sec.  401.31 by:
0
a. Revising paragraph (b); and
0
b. Removing the parenthetical authority citation at the end of the 
section.
    The revision reads as follows:

Sec.  401.31  Meeting and passing.

* * * * *
    (b) No vessel shall meet another vessel within the area between the 
caution signs at bridges or within any area that is designated as a no 
meeting area by the Manager or the Corporation.
* * * * *

0
11. Amend Sec.  401.35 by revising paragraph (b) to read as follows:

Sec.  401.35  Navigation underway.

* * * * *
    (b) Operate the propulsion machinery so that it can respond 
immediately though its full operating range;
    (1) Vessels equipped with an Engine Power Limitation system (EPL) 
or Shaft Power Limitation system (ShaPoLi) shall override the EPL or 
ShaPoLi while transiting at the Seaway.
    (2) [Reserved]
* * * * *

0
12. Revise Sec.  401.39-1 to read as follows:

Sec.  401.39-1   Raising fenders.

    Every vessel equipped with fenders that are not permanently 
attached shall raise its fenders when passing a lock gate or HFM 
equipment.

0
13. Amend Sec.  401.42 by:
0
a. Adding paragraphs (a)(1)(i) and (ii);
0
b. Revising paragraph (a)(2); and
0
c. Removing the parenthetical authority citation at the end of the 
section.
    The additions and revision read as follows:

Sec.  401.42  Passing hand lines.

    (a) * * *
    (1) * * *
    (i) For the #4 mooring wire, the hand line shall be passed to the 
linehandlers at the lock as soon as the vessel's aft fairleads pass the 
open gates.
    (ii) For the #2 mooring wire, the hand line shall be passed to the 
linehandlers at the lock as soon as the forward fairleads pass the last 
HFM unit.
    (2) Hand lines shall be passed to upbound vessels by the 
linehandlers as soon as the vessel passes the last HFM unit, and 
secured, by means of a clove hitch, to the mooring lines 60 cm behind 
the splice of the eye;
* * * * *

0
14. Amend Sec.  401.44 by:
0
a. Redesignating paragraph (c) as paragraph (d);
0
b. Adding a new paragraph (c); and
0
c. Removing newly redesignated paragraph (d)(4).
    The addition reads as follows:

Sec.  401.44   Mooring in locks.

* * * * *
    (c) Vessels being moored by the Hands-Free Mooring system (HFM) or 
passing through a lock without the use of mooring lines shall have a 
minimum of one (1) well rested crew member on deck during the lockage 
to assist the bridge team.
* * * * *

0
15. Revise Sec.  401.58 to read as follows:

Sec.  401.58  Pleasure craft scheduling.

    (a) At the U.S. locks, the transit of pleasure craft shall be 
scheduled by the traffic controller or the officer in charge of a lock 
and may be delayed in order to avoid interference with other vessels; 
and
    (b) Every pleasure craft seeking to transit Canadian locks shall 
first make a reservation on the Seaway website according to the 
available schedule.

0
16. Amend Sec.  401.65 by:
0
a. Revising paragraphs (b) and (c); and
0
b. Removing the parenthetical authority citation at the end of the 
section.
    The revisions read as follows:

Sec.  401.65  Communication--ports, docks and anchorages.

* * * * *
    (b) Every vessel arriving at a port, dock, or anchorage shall 
report to the appropriate Seaway station, giving an estimated time of 
departure if possible.
    (c) At least four hours prior to departure from a port, dock, or 
anchorage, every vessel shall report to the appropriate Seaway station 
its destination and its expected time of arrival at the next check 
point.
* * * * *

0
17. Amend Sec.  401.67 by revising the section heading to read as 
follows:

[[Page 1884]]

Sec.  401.67  Carrying explosives.

* * * * *

0
18. Amend Sec.  401.73 by revising paragraph (b) to read as follows:

Sec.  401.73   Cleaning tanks--hazardous cargo vessels.

* * * * *
    (b) Hot work permission. Before any hot work, defined as any work 
that uses flame or that can produce a source of ignition, cutting or 
welding, is carried out by any vessel on any designated St. Lawrence 
Seaway Management Corporation (SLSMC) approach walls, Cote St. 
Catherine wharf or wharves in the Welland Canal, a written request must 
be sent to the SLSMC, preferably 24 hours prior to the vessel's arrival 
on the SLSMC approach walls or wharves. The hot work shall not commence 
until approval is obtained from an SLSMC Traffic Control Center.
    (1) Permission is granted under the following conditions:
    (i) Copy of vessel's ``Hot Work Permit'' is provided to the SLSMC 
before welding commences;
    (A) In the Welland Canal, send to: [email protected] and 
[email protected].
    (B) In the MLO Section, send to: [email protected] and 
[email protected].
    (ii) Name of company performing the hot work is provided;
    (iii) Effective fire watch is maintained;
    (iv) Welding operations shall temporarily cease during vessel meets 
and lockages;
    (v) Welding operations shall cease at the direction of a Traffic 
Controller; and
    (vi) All sparks and/or flames are to be contained on the vessel.
    (2) [Reserved]
* * * * *

0
19. Amend Sec.  401.84 by:
0
a. Adding a semicolon at the end of paragraph (c);
0
b. Revising paragraph (d); and
0
c. Removing the parenthetical authority citation at the end of the 
section.
    The revision reads as follows:

Sec.  401.84  Reporting of impairment or other hazard by vessels 
transiting within the Seaway.

* * * * *
    (d) Any modification or malfunction on the vessel of equipment and 
machinery that is noted as operational in the current ``Enhanced Ship 
Inspection'' or ``Self-Inspection'' of the vessel;
* * * * *

0
20. Revise Sec.  401.94 to read as follows:

Sec.  401.94  Keeping copies of documents.

    (a) A paper copy of the vessel's valid Ship Inspection Report shall 
be kept on board every vessel in transit. It must be easily accessible 
in the wheelhouse.
    (b) A paper or electronic copy of this subpart (the ``Rules and 
Regulations'') and the Seaway Notices for the current navigation year 
shall be kept easily accessible in the wheelhouse of every vessel in 
transit.
    (c) Onboard every vessel transiting the Seaway, a duplicate set of 
the vessel's Fire Control Plans shall be permanently stored in a 
prominently marked weather-tight enclosure outside the deckhouse for 
the assistance of shore side fire-fighting personnel.

    Issued at Washington, DC, under authority delegated at 49 CFR 
1.101.

Great Lakes St. Lawrence Seaway Development Corporation.
Carrie Lavigne,
Chief Counsel.
[FR Doc. 2024-31566 Filed 1-8-25; 8:45 am]
BILLING CODE 4910-61-P
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