19548 Federal Register / Vol. 61, No. 86 / Thursday, May 2, 1996 / Rules and Regulations

The current language of §§ 1910.133,

1910.135, and 1910.136 contains

requirements that employees wear the

particular PPE addressed by those

sections. However, there is no specific

text in any of these sections that directly

addresses the employer and the

employer’s responsibilities for

compliance. OSHA compliance staff

have dealt with this situation to date by

grouping their citations for violations of

§§ 1910.133, 1910.135, and 1910.136

with their citation under the general

PPE requirement in § 1910.132. Each of

these provisions was intended in the

final rule to stand on its own, and the

Agency has determined that a technical

amendment is necessary to correct the

problem.

This technical amendment inserts

appropriate language into §§ 1910.133,

1910.135, and 1910.136 which states the

employer’s obligation to ensure that

each affected employee wears the

specified types of PPE under these

sections as well as under § 1910.132,

where the employer’s responsibility in

this area is already spelled out. It should

also be noted that this technical

amendment does not prevent the

employer who is cited for a PPE

violation from raising any affirmative

defenses which would otherwise be

applicable.

Under 5 U.S.C. 553 and 29 CFR

1911.5, this constitutes a minor rule

change which does not require public

notice and comment. As noted above, it

clarifies an obligation under the specific

PPE standards which already applies to

employers under the general rule in

§ 1910.132, and implements

determinations already made by the

Agency in the preamble to the final rule.

Accordingly, further public

participation is not required. However,

in order to allow enough time for

information on the technical

amendment to be distributed and

implemented by employers, OSHA is

making the amendment effective June 3,

1996.

List of Subjects in 29 CFR Part 1910

Eye protection; Face protection; Foot

Protection; Hand protection; Footwear;

Hard hats; Head protection;

Occupational safety and health;

Occupational Safety and Health

Administration; Personal protective

equipment; Safety glasses; Safety shoes.

Authority

This document has been prepared

under the direction of Joseph A. Dear,

Assistant Secretary of Labor for

Occupational Safety and Health, U.S.

Department of Labor, 200 Constitution

Avenue NW, Washington, DC 20210.

Accordingly, pursuant to sections 4, 6

and 8 of the Occupational Safety and

Health Act of 1970 (29 U.S.C. 653, 655,

657); 5 U.S.C. 553; Secretary of Labor’s

Order No. 1–90 (55 FR 9033), and 29

CFR Part 1911, 29 CFR part 1910 is

amended as set forth below.

Signed at Washington, D.C., this 15th day

of April, 1996.

Joseph A. Dear,

Assistant Secretary of Labor.

PART 1910—[AMENDED]

Subpart I—Personal Protective

Equipment

1. The authority citation for subpart I

of part 1910 is revised to read as

follows:

Authority: Sections 4, 6 and 8,

Occupational Safety and Health Act of 1970

(29 U.S.C. 653, 655, 657); Secretary of Labor’s

Order No. 12–71 (36 FR 8754), 8–76 (41 FR

25059), 9–83 (48 FR 35736), or 1–90 (55 FR

9033), as applicable.

Sections 1910.132, and 1910.138 also

issued under 29 CFR part 1911.

Sections 1910.133, 1910.135, and 1910.136

also issued under 29 CFR part 1911 and 5

U.S.C. 553.

§ 1910.133 [Amended]

2. Paragraphs (a)(1), (a)(2), (a)(5) of

§ 1910.133 are amended by replacing

the words ‘‘Each affected employee

shall use’’ with the words ‘‘The

employer shall ensure that each affected

employee uses’’.

§ 1910.133 [Amended]

3. Paragraph (a)(3) of § 1910.133 is

amended by removing the word ‘‘Each’’,

adding the words ‘‘The employer shall

ensure that each’’ in its place at the

beginning of the paragraph, and by

replacing the words ‘‘shall wear’’ with

‘‘wears’’ both places they appear in the

paragraph.

§ 1910.135 [Amended]

4. Paragraph (a)(1) of § 1910.135 is

amended by replacing the words ‘‘Each

affected employee shall wear protective

helmets’’ with the words ‘‘The employer

shall ensure that each affected employee

wears a protective helmet’’.

§ 1910.135 [Amended]

5. Paragraph (a)(2) of § 1910.135 is

amended by replacing the words

‘‘Protective helmets’’ with the words

‘‘The employer shall ensure that a

protective helmet’’, and by replacing the

words ‘‘shall be worn ’’ with the words

‘‘is worn.’’

§ 1910.136 [Amended]

6. Paragraph (a) of § 1910.136 is

amended by replacing the words ‘‘Each

affected employee shall wear’’ with the

words ‘‘the employer shall ensure that

each affected employee used.’’

[FR Doc. 96–10433 Filed 5–1–96; 8:45 am]

BILLING CODE 4510–26–P

DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development

Corporation

33 CFR Part 401

RIN 2135–AA00

Seaway Regulations and Rules:

Miscellaneous Amendments

AGENCY: Saint Lawrence Seaway

Development Corporation, DOT.

ACTION: Final rule.

SUMMARY: The Saint Lawrence Seaway

Development Corporation and the St.

Lawrence Seaway Authority of Canada

publish joint Seaway Regulations. As a

result of discussions with the Authority,

it has been determined that a number of

existing regulations need to be amended

for clarification or simplification. In

addition, several substantive changes

are being made, specifically: changing

the maximum allowable beam from

23.16 m (76 feet) to 23.8 m (78 feet),

with certain, practical conditions

applied; reducing the security deposit

for certain vessels; requiring permanent

fenders, with a phase-in period; and

reducing some of the system’s speed

limits. The first two of these are

intended to encourage increased usage

of the Seaway, the third is intended to

increase the safety for both the

Corporation’s and the Authority’s locks

and the vessels transiting, and the

fourth is intended to increase both

safety and environmental protection.

DATES: This rule is effective on June 3,

1996.

FOR FURTHER INFORMATION CONTACT:

Marc C. Owen, Chief Counsel, Saint

Lawrence Seaway Development

Corporation, 400 Seventh Street, S.W.,

Washington, D.C. 20590, (202) 366–

6823.

SUPPLEMENTARY INFORMATION: As a result

of discussions with the Saint Lawrence

Seaway Authority of Canada, the Saint

Lawrence Seaway Development

Corporation is amending the Seaway

Regulations and Rules in 33 CFR Part

401 as described in the following

summary.

Section 401.3, ‘‘Maximum vessel

dimensions’’, is amended by revising

paragraph (a), removing paragraph

(d)(1), and adding a new paragraph (e)

to change the maximum allowable beam

from 23.16 m (76 feet) to 23.8 m (78 feet)
Federal Register / Vol. 61, No. 86 / Thursday, May 2, 1996 / Rules and Regulations 19549

and simplify the approval process for

vessels exceeding 23.2 m., with

practical conditions applied for such

things as vessel configuration and

weather conditions.

Section 401.6, ‘‘Markings’’, is

amended by revising paragraphs (a) and

(b) to round off the length requirements

from 19.8 m to 20.0 m and from 117 m

to 110 m, respectively, for simplification

and consistency with the international

collision regulations. To alleviate safety

problems caused by portable fender

usage, § 401.7, ‘‘Fenders’’, is revised to

require, as a rule, permanent fenders of

a specified type, with only occasional

deployment of portable fenders allowed

on a single transit basis, with a phasein period until the beginning of the 1997

navigation season to ease transition.

One comment suggested the elimination

of permanent fenders because they can

catch the lock gates and, at certain

vessel drafts, can dig into the wooden

fenders on the lock approach walls. The

Corporation and the Authority are not

adopting this suggestion. Permanent

fenders are being required to avoid the

situation where mooring wires may be

crushed between the vessel’s side and

the lock wall, to prevent steel contact on

vessels with hazardous cargo stored in

side tanks, and, occasionally for certain

vessels, to protect specific structures or

provide adequate clearance off bascule

bridges. The Authority and the

Corporation review vessel plans to

ensure that fenders are located as high

on the hull as possible, have a

maximum size stipulated, and are

adequately tapered. If these plans are

provided and concurred in before

construction or retrofitting, the type of

problem suggested by the comment

should be avoided.

Section 401.9, ‘‘Radiotelegraph

equipment’’, is amended by revising

paragraph (a) to round off the length

requirement for self-propelled vessels

from 19.8 m to 20.0 m for simplification.

Section 401.10, ‘‘Mooring lines’’, is

amended by revising paragraphs (B) and

(c) to allow routinely synthetic lines

since vessels now use them routinely

and safely worldwide.

Section 401.13, ‘‘Hand lines’’, is

amended by revising paragraph (b) to

require hand lines to have a diameter of

between 12 and 20 mm and a minimum

length of 35 m with uniform thickness

throughout to avoid jamming on the car

haulers and bollards that has occurred

because of splicing of uneven pieces.

Section 401.26, ‘‘Security for tolls’’, is

amended by revising paragraph (d) to

reduce the security required where a

number of vessels, for each of which a

preclearance application has been

approved, are owned or controlled by

the same individual or company and

have the same representative. Security

for tolls for these vessels is not required

if every toll account received in the

preceding five years has been paid

within forty-five days after the vessel

enters the Seaway.

Section 401.42, ‘‘Passing hand lines’’,

is amended by revising paragraph (a)(1)

to change ‘‘linesmen’’ to ‘‘linehandlers’’

for gender neutrality.

Section 401.43, ‘‘Mooring table’’, is

amended by deleting the unnecessary

references to specific locations for

simplification.

Section 401.45, ‘‘Emergency

procedure’’, is amended to requiring the

Master to be responsible for giving the

signal in an emergency upon entering

the locks to make the practice consistent

in both Canadian and U.S. locks and, for

safety purposes, by requiring mooring

lines to be put out as quickly as

possible.

Section 401.52, ‘‘Limited of approach

to a bridge’’, is amended by revising

paragraph (b) to change ‘‘Caughnawaga’’

to Kahnawake’’, as it is now commonly

known.

Section 401.64, ‘‘Calling in’’, is

amended by revising paragraph (e) to

make the master solely responsible

because it is his or her, not the pilot’s

responsibility.

Section 401.65, ‘‘Communication—

ports, docks, and anchorages’’, is

amended by revising paragraph (a)(1) to

round off 0.87 of a nautical mile to 1

nautical mile for simplification and by

removing that part of paragraph (c) that

refers to dangerous cargo reporting and

placing its substance in § 401.66, which

is a more appropriate location.

Section 401.66, ‘‘Applicable laws’’, is

amended by redesignating the current

text as paragraph (a) and adding a new

paragraph (b), which is the text removed

from § 401.65(c) amended to change the

dangerous cargo reporting and filing

requirements to reflect the practice

instituted by the Canadian Authority

under Seaway Notice No. 2 of 1993.

Section 401.71, ‘‘Signals—explosive

or hazardous cargo vessels’’, is amended

by deleting paragraph (b) and revising

current paragraph (a) to combine the

requirements for explosive and

hazardous vessels into one to be

consistent with the international

collision regulations.

Section 401.72, ‘‘Reporting—

explosive and hazardous cargo vessels’’,

is amended by adding new paragraphs

(e), (f), (g), and (h) to require certain

information on load plans concerning

dangerous cargo to ensure enhanced

safety, reflecting the practice instituted

by the Authority under Seaway Notice

No. 2 of 1993. In response to a comment

received by the Authority, the reference

to ‘‘IMO’’ in subsection (e)(1) is changed

to ‘‘IMDG’’, which is the correct

designation for the International

Dangerous Goods Code.

Subsection (g) is also changed in

response to a comment received by the

Authority. This change covers the

situation where an actual Material

Safety Data sheet for a cargo carried by

a vessel is not on file with a Seaway

Traffic Control Center, but the vessel

carries sufficient information for its

preparation. Either form of compliance

will allow the vessel to continue transit

through the system.

Section 401.75, ‘‘Payment of tolls’’, is

amended to provide that every toll

invoice shall be paid in Canadian or

American funds within forty-five days

after the vessel enters the Seaway and

any adjustment of the amount payable

shall be provided for in a subsequent

invoice, which is consistent with the

new policy on reduced security in

revised § 401.26(d). To be consistent

with the text of the Canadian version of

these joint regulations, this revised

§ 401.75 text is redesignated as

paragraph (a) and the current §401.77 is

redesignated as paragraph (b) of § 401.75

and revised by making non-substantive

editorial changes.

Section 401.84, ‘‘Reporting of

impairment or other hazard by vessels

transiting within the Seaway’’, is

amended by revising paragraph (c) to

reflect that the reporting requirements

cover the equipment listed in Schedule

I as well.

Section 401.89, ‘‘Transit refused’’, is

amended by revising paragraph (a)(1) to

transit refusal may be based upon the

equipment requirements in Schedule I

as well when transiting Canadian

waters.

Section 401.91, ‘‘Removal of

obstructions’’, is amended to remove the

words ‘‘take such action * * * as the

Corporation or the Authority deem

necessary’’ as superfluous.

Section 401.94, ‘‘Keeping copy of

regulations’’, is amended to require that,

in addition to a copy of the Regulations,

a copy of the vessel’s latest Ship

Inspection Report, and Seaway Notices

for the navigation year shall be kept on

board each vessel, which reflects the

routine requirement for this

documentation for inspection and

reference purposes.

Schedule I, ‘‘VESSELS TRANSITING

U.S. WATERS’’, is amended by revising

paragraph (d)(3) to require, for each

vessel with a fixed propeller, a table of

shaft revolutions per minute, for a

representative range of speeds, and a

notice showing any critical range of

revolutions at which the engine
19550 Federal Register / Vol. 61, No. 86 / Thursday, May 2, 1996 / Rules and Regulations

designers recommend that the engine

not be operated on a continuous basis

because this information is necessary for

officers or pilots having conduct of the

vessel.

It was proposed to amend Schedule II,

‘‘Table of Speeds’’, by revising item 4 to

reduce the allowable speeds in the area

covered, by revising item 6 to reduce the

allowable speeds in the area covered

and include the areas that have been

covered by items 7 through 10 under

item 6’s allowable speed limits to

eliminate varying speed areas, reduce

speeding violations, and reduce vessel

wake damages. Items 7 through 10 were

to be removed and items 11 through 15

renumbered accordingly. Two

comments, both from pilots, objected on

the basis that it would increase transit

time and thus increase pilot fatigue and

stress, resulting in a decrease in the

safety margin. They also stated that

proffering wake damage as a basis for

the change in all areas was unfounded.

The Corporation and the Authority

agree only in part. The Table of Speeds

will now be amended as follows. The

speed limit from Eisenhower to Iroquois

Lock will be set at 11.5 knots. Presently,

the limits for this section are divided

into four separate speed zones: 11.5

knots from Eisenhower to Richard’s

Point Light #55 (5.34 nautical miles);

13.0 knots from Richards Point Light #55

to Doran Shoal Buoy 84 (9.08 nautical

miles); 11.5 knots from Doran Shoal

Buoy 84 to Ogden Island Buoy 99 (4.24

nautical miles); and 13.0 knots from

Ogden Island Buoy 99 to Iroquois Lock

(3.54 nautical miles). The speed limit

between Richards Point and Doran

Shoal will be reduced to 11.5 knots.

This increases transit time by 5.5

minutes, not allowing for the time

required to speed up or slow down in

the original 13.0 knot zone. The speed

limit from Buoy 99 to Iroquois Lock will

be changed to 11.5 knots, which will

have a negligible effect on transit time.

This is a short area where a ship must

be checked down before unbound entry

into the lock or starting from rest while

downbound in the lock with checking

down required before entering the

reduced speed area. The 11.5 knot speed

zone presently in effect from 1⁄2 mile

east of Buoy 162 to Light 186 will be

extended to include the area between

McNair Island Light 137 to Light 186.

This extends the 11.5 knot zone

eastward by 8.32 nautical miles and

increases transit time by 5 minutes. The

section from Iroquois Lock to McNair

Island would remain at 13.0 knots. This

change results in a lower speed limit for

the Brockville Narrows, for which there

have been numerous complaints and

significant safety concerns because of

large ship wakes in close proximity to

pleasure and tour boats. Overall, these

changes increase transit time in the

Snell Lock to Cape Vincent pilotage area

by only 10.5 minutes, which should

have no real effect on pilot stress and

fatigue, while reducing safety and wake

concerns in the Brockville Narrows,

Mariatown, and Wilson Hill areas. The

change from the original proposal is

that, instead of maintaining an 11.5 knot

limit from Eisenhower Lock to Light

186, a 13.0 knot zone will be retained

through the Prescott anchorage, where

traditionally vessels have the

opportunity to overtake. The

Corporation and the Authority believe

that these changes are prudent and are

justified by experience and observation.

Speed limits traditionally are set to

protect the shoreline, Seaway channels,

and the boating public from damage or

injury. Wake complaints are logged and

vessel speed spot checks are made from

shore positions, with the draw down

and surge of each observed vessel

measured and recorded. The Authority

alone carried out approximately 875

speed checks in 1995. Speed limits are

the best tool for controlling damaging

wake by setting a standard for the

navigation team on each vessel to

follow.

Appendix I, ‘‘Vessel Dimensions’’, is

amended by revising the second

undesignated paragraph after paragraph

(b) to round off ‘‘23.16 m’’ to ‘‘23.2 m’’

for simplication and conformity with

the amendment to § 401.3.

There are some minor editorial

changes to conform with the SLSA

version approved under the Canadian

regulatory review process that do not

have any substantive impact, such as

changing the word ‘‘upon’’ to ‘‘on’’ in

§ 401.3(e)(1).

Regulatory Evaluation

This final rule inolves a foreign affairs

function of the United States, and

therefore, Executive Order 12866 does

not apply. This final rule has also been

evaluated under the Department of

Transportation’s Regulatory Policies and

Procedures and the proposed regulation

is not considered significant under

those procedures and its economic

impact is expected to be so minimal that

a full economic evalaution is not

warranted.

Regulatory Flexibility Act

Determination

The Saint Lawrence Seaway

Development Corporation certifies that

this final rule will not have a significant

economic impact on a substantial

number of small entities. The St.

Lawrence Seaway Regulations and

Rules primarily relate to the activities of

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 final rule 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 human

environment.

Federalism

The Corporation has analyzed this

final rule under the principles and

criteria in Executive Order 12612 and

has determined that this final rule does

not have sufficient federalism

implicaitons to warrant the preparation

of a Federalism Assessment.

List of Subjects in 33 CFR Part 401

Hazardous materials transportation,

Navigation (water), Radio reporting and

record keeping requirements, Vessels,

Waterways.

Accordingly, the Saint Lawerence

Seaway Development Corporation

amends Part 401—Seaway Regulations

and Rules (33 Part 401) as follows:

PART 401—[AMENDED]

1. The authority citation for Part 401

continues to read as follows:

Authority: 68 Stat. 93–96 (33 U.S.C. 981–

990), as amended; Sec. 104, Pub. L. 92–340,

86 Stat. 424 (49 CFR 1.50a) (37 FR 21943),

unless otherwise noted.

2. Section 401.3 is amended by

revising paragraphs (a) and (d) and by

adding a new paragraph (e) to read as

follows:

§ 401.3 Maximum vessel dimensions.

(a) Subject to paragraph (e) of this

section, no vessel of more than 222.5 m

in overall length or 23.8 m in extreme

breadth shall transit.

* * * * *

(d) No vessel’s hull or superstructure

when alongside a lock wall shall extend

beyond the limits of the lock wall, as

illustrated in Appendix I of this Part.

(e) A vessel having a beam width in

excess of 23.2 m and having dimensions

that do not exceed the limits set out in

the block diagram in Appendix I of this

Part:

(1) Shall, on application to the

Authority, be considered for transit after

review of the vessels drawings; and

(2) If accepted, shall transit in

accordance with directions issued by

the Authority or Corporation.
Federal Register / Vol. 61, No. 86 / Thursday, May 2, 1996 / Rules and Regulations 19551

3. Section 401.6 is amended by

revising paragraphs (a) and (b) to read

as follows:

§ 401.6 Markings.

(a) Vessels of more than 20.0 m in

overall length shall be correctly and

distinctly marked and equipped with

draft markings on both sides at the bow

and stern.

(b) In addition to the markings

required by paragraph (a) of this section,

vessels of more than 110 m in overall

length shall be marked on both sides

with midship draft markings.

* * * * *

4. Section 401.7 is revised 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 fenders—

(1) That are made of steel, hardwood,

or teflon or a combination of two or all

of these materials, are of a thickness not

exceeding 15 centimeters, with well

tapered ends, and are located along the

hull, close to the main deck level; and

(2) That by no later than the beginning

of the 1997 navigation season are

permanently attached to the vessel,

except that portable fenders, other than

rope hawsers, are allowed for a single

transit basis if the portable fenders are—

(i) Made of a material that will float;

and

(ii) Securely fastened and suspended

from the vessel in a horizontal position

by a steel cable or a fiber rope in such

a way that they can be raised or lowered

in a manner that does not damage

Seaway installations.

5. Section 401.9 is amended by

revising paragraph (a) to read as follows:

§ 401.9 Radiotelephone equipment.

(a) Self-propelled vessels, other than

pleasure craft of less than 20.0 m in

overall length, shall be equipped with

VHF (very high frequency)

radiotelephone equipment.

* * * * *

6. Section 401.10 is amended by

revising paragraphs (b) and (c) to read

as follows:

§ 401.10 Mooring lines.

* * * * *

(b) Unless otherwise permitted by an

officer, only wire rope mooring lines

with a breaking strength that complies

with the minimum specifications set out

in the table in this section shall be used

for securing a vessel in lock chambers.

(c) Synthetic lines may be used for

mooring at approach walls, tie-up walls

and docks within the Seaway.

* * * * *

7. Section 401.13 is amended by

revising paragraph (b) to read as follows:

§ 401.13 Hand lines.

* * * * *

(b) Be of uniform thickness and have

a diameter of not less than 12 mm and

not more than 20 mm and a minimum

length of 35 m.

8. Section 401.26 is amended by

revising paragraph (d) to read as

follows: Security for tolls.

* * * * *

(d) Notwithstanding paragraph (c) of

this section, where a number of vessels,

for each of which a preclearance has

been given, are owned or controlled by

the same individual or company and

have the same representative, the

security for tolls is not required if the

individual, company, or representative

has paid every toll invoice received in

the preceding five years within the

period set out in § 401.75.

* * * * *

§ 401.42 [Amended]

9. Paragraphs (a) (1) and (2) of section

401.42 are amended by removing the

word ‘‘linesmen’’ and adding, in its

place, the word ‘‘linehandlers’’.

10. Section 401.43 is amended by

revising the introductory text as follows:

§ 401.43 Mooring table.

Unless otherwise directed by an

officer, vessels passing through the

locks shall moor at the side of the tieup wall or lock as shown in the table to

this section.

* * * * *

11. Section 401.45 is revised to read

as follows:

§ 401.45 Emergency procedure.

When the speed of a vessel entering

a lock chamber has to be checked in an

emergency, a signal consisting of five

blasts on a horn shall be given by the

master and all mooring lines shall be

put out as quickly as possible.

§ 401.52 [Amended]

12. Paragraph (b) of section 401.52 is

amended by removing the word

‘‘Caughnawaga’’ and adding, in its

place, the word ‘‘Kahnawake’’.

§ 401.64 [Amended]

13. Paragraph (e) of section 401.64 is

amended by removing the words ‘‘or

pilot’’.

14. Section 401.65 is amended by

revising paragraphs (a) (1) and (2) and

paragraph (c) to read as follows:

§ 401.65 Communication—ports, docks

and anchorages.

(a) * * *

(1) For the lake ports of Toronto and

Hamilton, 1 nautical mile outside the

harbor limits; and

(2) For other lake ports, when crossing

the harbor entrance.

* * * * *

(c) Every vessel departing from a port,

dock or anchorage, shall report to the

appropriate Seaway station its

destination and the expected time of

arrival at the next check point.

15. Section 401.66 is amended by

redesignating the current text as

paragraph (a) and adding a new

paragraph (b) to read as follows:

§ 401.66 Applicable laws.

* * * * *

(b) Every vessel carrying dangerous

cargo, as described in §§ 401.66 through

401.73, and all tankers carrying liquid

cargo in bulk, shall file with the

Corporation and the Authority a copy of

the current load plan as described in

§ 401.72(e).

16. Section 401.71 is revised to read

as follows:

§ 401.71 Signals—explosive or hazardous

cargo vessels.

An explosive or hazardous cargo

vessel shall display at the masthead or

at an equivalent conspicuous position a

‘‘B’’ flag.

17. Section 401.72 is amended by

adding new paragraphs (e), (f), (g), and

(h) to read as follows:

§ 401.72 Reporting—explosive and

hazardous cargo vessels.

* * * * *

(e) Every vessel carrying dangerous

cargo, as defined in § 401.66, and all

tankers carrying liquid cargo in bulk

shall, before transiting any part of the

Seaway, file with the Corporation and

the Authority a copy of the current load

plan that includes the following

information:

(1) The name of the cargo, its IMO

class and UN number as set out in the

IMDG Code, if applicable, or, if the

cargo is not classed by the IMO and

does not have a UN number, the words

‘‘NOT CLASSED’’;

(2) The weight in metric tonnes and

the stowage location of each

commodity;

(3) The approximate weight in metric

tonnes or the approximate volume in

cubic meters in each hold or tank;

(4) The flashpoint of the cargo, if

applicable; and

(5) The estimated date of entry into

the Seaway and the date and time that

the load plan was last issued or

amended.

(f) For tankers, the information

required under this section 401.72 shall
19552 Federal Register / Vol. 61, No. 86 / Thursday, May 2, 1996 / Rules and Regulations

be detailed on a plan showing the

general layout of the tanks, and, if a

tanker is so fitted, a midship crosssection showing double bottom tanks

and ballast side tanks.

(g) If a Material Safety Data Sheet

(MSDS) on a hazardous cargo that a

vessel is carrying is not available in a

Seaway Traffic Control Center, the

vessel shall provide information

enabling the preparation of an MSDS.

(h) Every vessel shall submit its load

plan to the nearest Seaway Traffic

Control Center and, if there are

subsequent changes in stowage

including loading and discharging

during a transit, the vessel shall submit

an updated plan before departing from

any port between St. Lambert and Long

Point.

18. Section 401.75 is revised to read

as follows:

§ 401.75 Payment of tolls.

(a) Every toll invoice shall be paid in

Canadian or American funds, as

indicated on the invoice, within fortyfive days after the vessel enters the

Seaway, and any adjustment of the

amount payable shall be provided for in

a subsequent invoice.

(b) Tolls, established by agreement

between Canada and the United States

and known as the St. Lawrence Seaway

Tariff of Tolls, shall be paid by pleasure

craft in Canadian or American funds for

the transit of each Seaway lock.

§ 401.77 [Removed and Reserved]

19. Section 401.77 is removed and

reserved.

20. Section 401.84 is amended by

revising paragraph (c) to read as follows:

§ 401.84 Reporting of impairment or other

hazard by vessels transiting within the

Seaway.

* * * * *

(c) Any malfunction on the vessel of

equipment required by §§ 401.5 to

401.21 and subsections (e) through (j) of

Schedule I of subpart A of this Part;

* * * * *

21. Section 401.89 is amended by

revising paragraph (a)(1) to read as

follows:

§ 401.89 Transit refused.

(a) An officer may refuse to allow a

vessel to transit when,

(1) The vessel is not equipped in

accordance with §§ 401.6 to 401.21 and

subsections (e) to (j) of Schedule I of

subpart A of this part when transiting

the Canadian waters of the Seaway;

* * * * *

22. Section 401.91 is revised to read

as follows:

§ 401.91 Removal of obstructions.

The Corporation or the Authority

may, at the owner’s expense, move any

vessel, cargo, or thing that obstructs or

hinders transit on any part of the

Seaway.

23. Section 401.94 is revised to read

as follows:

§ 401.94 Keeping copy of regulations.

A copy of these Regulations (subpart

A of Part 401), a copy of the vessel’s

latest Ship Inspection Report, and

Seaway Notices for the current

navigation year shall be kept on board

every vessel in transit.

24. Schedule I to subpart A, part 401

is amended by revising paragraph (d)(3)

to read as follows:

Schedule I—Vessels Transiting U.S. Waters

(d) * * *

(3) For each vessel with a fixed propeller,

a table of shaft revolutions per minute, for a

representative range of speeds, and a notice

showing any critical range of revolutions at

which the engine designers recommend that

the engine not be operated on a continuous

basis.

* * * * *

25. Schedule II to subpart A, part 401

is revised to read as follows:

SCHEDULE II.—TABLE OF SPEEDS 1

From— To—

Maximum speed over the bottom, knots

Col. III Col. IV

1. Upper Entrance, South Shore Canal ........... Lake St. Louis, Buoy A13 ................................. 10.5 ........................... 10.5.

2. Lake St. Louis, Buoy A13 ............................. Lower Entrance, Lower Beauharnois Lock ...... 16 .............................. 16.

3. Upper Entrance, Upper Beauharnois Lock Lake St. Francis, Buoy D3 ............................... 9 upb; 10.5 dnb ......... 9 upb; 10.5 dnb.

4. Lake St. Francis, Buoy D3 ........................... Lake St. Francis, Buoy D49 ............................. 12 .............................. 12.

5. Lake St. Francis, Buoy D49 ......................... Snell Lock ......................................................... 8.5 upb; 10.5 dnb ...... 8 upb; 10.5 dnb.

6. Eisenhower Lock .......................................... Iroquois Lock .................................................... 11.5 ........................... 10.5.

7. Iroquois Lock ................................................ McNair Island, Lt. 137 ...................................... 13 .............................. 10.5.

8. McNair Island, Lt. 137 .................................. Deer Island, Lt. 186 .......................................... 11.5 ........................... 10.5.

9. Deer Island, Lt. 186.. .................................... Bartlett Point, Lt. 227.. ...................................... 8.5 upb; 10.5 dnb ...... 8 upb; 10.5 dnb.

10. Bartlett Point, Lt. 227 .................................. Tibbetts Point .................................................... 13 .............................. 10.5.

11. Junction of Canadian Middle Channel and

Main Channel abreast of Ironsides Island.

Open Waters between Wolfe and Howe Islands through the said Middle Channel.9.5 ............................. 9.5.

12. Port Robinson ............................................. Ramey’s Bend through the Welland Bypass .... 8 ................................ 8.

13. All other canals ........................................... ........................................................................... 6 ................................ 6.

1 Maximum speeds at which a vessel may travel in identified areas in both normal and high water conditions are set forth in this schedule. The

Corporation and the Authority will, from time to time, designate the set of speed limits which is in effect.

26. Appendix I to subpart A, part 401

is amended by revising the first

sentence of the second undesignated

paragraph after paragraph (b) to read as

follows:

Appendix I—Vessel Dimensions

* * * * *

The limits in the block diagram are based

on vessels with a maximum allowable beam

of 23.2 m. * * *

* * * * *

Issued at Washington, DC on April 25,

1996.

Saint Lawrence Seaway Development

Corporation

Gail C. McDonald,

Administrator.

[FR Doc. 96–10941 Filed 5–1–96; 8:45 am]

BILLING CODE 4910–61–M

NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION

36 CFR Part 1228

RIN 3095–AA65

Disposition of Federal Records

AGENCY: National Archives and Records

Administration (NARA).

ACTION: Final rule.