[Federal Register Volume 81, Number 24 (Friday, February 5, 2016)]
[Proposed Rules]
[Pages 6198-6200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02168]


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DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 401

[Docket No. SLSDC-2016-0004]
2135-AA39


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 changes will 
update the following sections of the Regulations and Rules: Condition 
of Vessels; Seaway Navigation; and, Information and Reports. 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: Comments are due March 7, 2016.

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, 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, 
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 will update the following sections of the 
Regulations and Rules: Condition of Vessels; Seaway Navigation; and, 
Information and Reports. 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 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 four sections of the Condition of Vessels 
portion of the joint Seaway regulations. In section 401.10, ``Mooring 
lines'', the two Corporations are proposing to permit vessels not 
greater than 200 m in overall length to use soft lines instead of wire 
lines. Over the past 3 years, vessels greater than 150 m in overall 
length have been permitted to use type approved soft lines on a test 
basis, with successful results. Based on these same results, the SLSDC 
is proposing to amend section 401.11, ``Minimum Requirements--mooring 
lines and fairleads'' to permit the operator of vessels of more than 
150 m but not more than 200 m to use either soft or wire lines.
    In 401.13, ``Hand lines'', the SLSDC is proposing to change the 
maximum diameter of hand lines to 18 mm from 17 mm due to the fact that 
17 mm lines are no longer available. The proposed change to 401.17, 
``Pitch indicators and alarms,'' would make a minor administrative 
change by removing the effective date for the requirement.
    In the Seaway Navigation portion of the regulations, the two 
Corporations are proposing to make changes in several sections. Section 
401.29, ``Maximum draft'', is being restructured in order to clarify 
the requirements for use of an operational Draft Information System. In 
401.37, ``Mooring at tie-up walls'', the Seaway Corporations are 
proposing to require that crew members handling lines on tie-up walls 
wear approved personal flotation devices instead of life jackets that 
can be unsafe due to their bulky nature. The SLSDC is proposing to 
change the requirement in 401.45, ``Emergency procedures'', to make 
clear that when a vessel is entering the locks too fast in an emergency 
situation, the vessel will not be required to deploy mooring lines.
    In the Information and Reports section, a change to section 401.79, 
``Advance notice of arrival, vessels requiring inspection'' is being 
proposed that would require all foreign flagged vessels of 300 GRT or 
above to submit an electronic Notice of Arrival.
    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

[[Page 6199]]

Transportation's Regulatory Policies and Procedures is not required.

Regulatory Flexibility Act Determination

    I certify that this proposed 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 who 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 seq.) 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 have 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 is 
proposing to amend 33 CFR part 401, Regulations and Rules, as follows:

PART 401--SEAWAY REGULATIONS AND RULES

Subpart A--Regulations

0
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.

0
2. In Sec.  401.10, revise paragraph (b) to read as follows:


Sec.  401.10  Mooring lines.

* * * * *
    (b) Unless otherwise permitted by an officer, vessels greater than 
200 m shall only use wire mooring lines with a breaking strength that 
complies with the minimum specifications set out in the table to this 
section shall be used for securing a vessel in lock chambers.
* * * * *
0
3. In the table at the end of Sec.  401.10, revise the last sentence of 
the first column to read as follows:


Sec.  401.10  Mooring lines.

* * * * *
    More than 180 m but not more than 225.5 m * * *
* * * * *
0
4. In 401.12, revise paragraphs (a)-(d) and add a new paragraph (e) 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 to mooring lines which shall be available for 
securing on either side of the vessel, winches and the location of 
fairleads on vessels are as follows:
    (1) Vessels 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, 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 may be hand held or if wire line is used 
shall be powered. The line shall lead astern from the break of the bow 
through a closed chock to suitable bitts on deck for synthetic line or 
led from a capstan, winch drums or windlass to an approved fairlead for 
a wire line.
    (2) Vessels of more than 100 m but not more than 150 m in overall 
length shall have three mooring lines--wires or synthetic hawsers, 
which shall be independently power operated by winches, capstans or 
windlasses.
    (i) All lines shall be led through closed chocks or fairleads 
acceptable to the Manager and the Corporation.
    (ii) One mooring line shall lead forward and one shall lead astern 
from the break of the bow and one mooring line shall lead astern from 
the quarter.
    (3) Vessels of more than 150 m but not more than 200 m in overall 
length shall have four mooring lines, wires or synthetic hawsers, which 
shall be independently power operated by winches.
    (i) One mooring line shall lead forward and one mooring line shall 
lead astern from the break of the bow.
    (ii) One mooring line shall lead forward and one mooring line shall 
lead astern from the quarter.
    (iii) All lines shall be led through a type of fairlead acceptable 
to the Manager and the Corporation.
    (4) Vessels of more than 200 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.
    (ii) One mooring line shall lead forward and one mooring line shall 
lead astern from the quarter.
    (iii) All lines shall be led through a type of fairlead acceptable 
to the Manager and the Corporation.
    (5) Every vessel shall have a minimum of two spare mooring lines 
available and ready for immediate use.
* * * * *
0
5. In Sec.  401.13, revise paragraph (b) to read as follows:


Sec.  401.13  Handlines.

* * * * *
    (b) Be of uniform thickness and have a diameter of not less than 12 
mm and not more than 18 mm and a minimum length of 30 m. The ends of 
the lines shall be back spliced or tapered; and
* * * * *
0
6. In Sec.  401.17, revise paragraph (b) to read as follows:


Sec.  401.17  Pitch indicators and alarms.

* * * * *
    (b) Visible and audible pitch alarms, with a time delay of not 
greater than 8 seconds, in the wheelhouse and engineer room to indicate 
wrong pitch.
0
7. In Sec.  401.29, revise paragraph (c) as follows:


Sec.  401.29  Maximum draft.

* * * * *
    (c) Any vessel will be permitted to load at an increased draft of 
not more than 7 cm above the maximum permissible draft in effect as 
prescribed under Sec.  401.29(b) if it is equipped with a Draft 
Information System (DIS) and meets the following:

[[Page 6200]]

    (1) An operational Draft 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 on board:
    (i) An operational AIS with accuracy = 1 (DGPS); and
    (ii) Up-to-date electronic navigational charts; and
    (iii) Up-to-date charts containing high resolution bathymetric 
data; and
    (2) The DIS Tool Display shall be located close to the primary 
conning position, be visible and legible; and equipped with a pilot 
plug, if using a portable DIS.
    (i) Verification document of the DIS must be kept on board the 
vessel at all times and made available for inspection.
    (ii) A company letter attesting to officer training on use of the 
DIS must be kept on board and made available for inspection.
    (iii) In every navigation season, a vessel intending to use the DIS 
must notify the Manager of the Corporation in writing at least 24 hours 
prior to the commencement of its initial transit in the System with the 
DIS.
    (iv) If for any reason the DIS or AIS becomes inoperable, 
malfunctions or is not used while the vessel is transiting at a draft 
greater than the maximum permissible draft prescribed under Sec.  
401.29(b) in effect at the time, the vessel must notify the Manager or 
the Corporation immediately.
0
8. In Sec.  401.37, revise paragraph (b) as follows:


Sec.  401.37  Mooring at tie-up walls.

* * * * *
    (b) Crew members being put ashore on landing booms and handling 
mooring lines on tie-up walls shall wear approved personal flotation 
devices.
0
9. Revise Sec.  401.44 as follows:


Sec.  401.44  Mooring in locks.

    (a) Mooring lines shall only be placed on mooring posts as directed 
by the officer in charge of the mooring operation.
    (b) No winch from which a mooring line runs shall be operated until 
the officer in charge of a mooring operation has signaled that the line 
has been placed on a mooring post.
    (c) Once the mooring lines are on the mooring posts, lines shall be 
kept slack until the ``all clear'' signal is given by the lock 
personnel. When casting off signal is received, mooring lines shall be 
kept slack until the ``all clear'' signal is given by the lock 
personnel.
    (d) Vessels being moored by ``Hands Free Mooring'' system (HFM) 
shall have a minimum of 2 well rested crew members on deck during the 
lockage.
0
10. Revise Sec.  401.45 as follows:


Sec.  401.45  Emergency procedure.

    When the speed of a vessel entering a lock chamber has to be 
checked, the master shall take all necessary precautions to stop the 
vessel in order to avoid contact with lock structures. At no time shall 
the vessel deploy its anchors to stop the vessel when entering a lock 
chamber.
0
11. Revise Sec.  401.47 as follows:


Sec.  401.47  Leaving a lock.

    (a) Mooring lines shall only be cast off as directed by the officer 
in charge of a mooring operation.
    (b) No vessel shall proceed out of a lock until the exit gates, 
ship arresters and the bridge, if any, are in a fully open position.
    (c) When ``Hands Free Mooring system (HFM) is used, no vessel shall 
use its engine(s) until the lock operator provides the ``all clear'' 
instruction.
0
12. In Sec.  401.79 revise paragraph (a) as follows:


Sec.  401.79  Advance notice of arrival, vessels requiring inspection.

    (a) Advance notice of arrival. All foreign flagged vessels of 300 
GRT or above intending to transit the Seaway shall submit a completed 
electronic Notice of Arrival (NOA) prior to entering at call in point 2 
(CIP2) as follows:
* * * * *
0
13. In Sec.  401.80 add a new paragraph (c) as follows:


Sec.  401.80  Reporting dangerous cargo.

* * * * *
    (c) Vessels carrying ``Certain Dangerous Cargo (CDC) as defined in 
the Transport Canada ``Marine Transportation Security Regulations'' 
(MTSR's) and the United States Coast Guard regulations under the Marine 
Transportation Security Act shall report the ``Certain Dangerous 
Cargo'' to the nearest Seaway station prior to a Seaway transit.
0
14. In Part 401, Subpart A, Appendix 1, revise the Caution statement to 
read as follows:

Appendix 1

Ship Dimensions

* * * * *
    Caution: Masters must take into account the ballast draft of the 
vessel when verifying the maximum permissible dimensions. Bridge 
wings, antennas, masts and, in some cases, the samson posts or store 
cranes could be outside the limits of the block diagram and could 
override the lock wall. Masters and pilots must take this into 
consideration and exercise extreme caution when entering or exiting 
locks to ensure that the vessel does not contact any of the 
structures on the lock.
* * * * *

    Issued at Washington, DC, on February 1, 2016. Saint Lawrence 
Seaway Development Corporation.
Carrie Lavigne,
Chief Counsel.

[FR Doc. 2016-02168 Filed 2-4-16; 8:45 am]
 BILLING CODE 4910-61-P