[Federal Register Volume 78, Number 25 (Wednesday, February 6, 2013)]
[Proposed Rules]
[Pages 8476-8478]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02601]


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SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

33 CFR Part 401

[Docket No. SLSDC-2013-0001; 2135-AA31]


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; Dangerous Cargo; and, 
Information and Reports. 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 March 8, 2013.

ADDRESSES: You may submit comments identified by Docket Number SLSDC 
2013-0001 by any of the following methods:
     Web Site: http://www.Regulations.gov . Follow the online 
instructions for submitting comments/submissions.
     Fax: 1-202-493-2251.
     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.
     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 20590-001, 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

[[Page 8477]]

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, 
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 proposing to amend the 
joint regulations by updating the Regulations and Rules in various 
categories. The proposed changes will update the following sections of 
the Regulations and Rules: Condition of Vessels; Seaway Navigation; 
Dangerous Cargo; 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 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 two sections of the Condition of 
Vessels portion of the joint Seaway regulations. Under section 401.10, 
``Mooring lines'', the SLSDC is proposing to provide flexibility to 
vessels by allowing the use of soft lines with a diameter not greater 
than 64 mm. For safety purposes in section 401.14, ``Anchor marking 
buoys'', the SLSDC is amending the rules to require vessels to deploy 
an anchor marking buoy when dropping anchor in the Seaway.
    In the Seaway Navigation section the Seaway Corporations propose 
amending their joint rules in section 401.49, ``Dropping anchor or 
tying to a canal'', to require every anchor to be suitably rigged for 
immediate release, holding, and efficient retrieval. Currently, some 
tug and barge combinations are not equipped with a windlass or other 
means to retrieve an anchor and therefore must retrieve the anchor 
using `block and tackle'' arrangements, which are not suitable for 
anchor retrieval.
    In the Dangerous Cargo section, the rules would be amended to 
require that before any hot work, which is defined as any work that 
uses flame or than can produce a source of ignition, cutting or 
welding, can be carried out on any vessels at SLSMC approach walls or 
wharfs, a written request must be sent to the SLSMC. In addition, the 
rules propose special requirements for tankers performing hot work. 
Such vessels must be gas free or have its tanks inerted in order to 
obtain clearance from the SLSMC Traffic Control Center.
    In the Information and Reports section, a change to section 401.79, 
``Advance notice of arrival, vessels requiring inspection'' is being 
proposed. The amendments would require tug and barge combinations not 
on the ``Seaway Approved Tow'' list to be inspected prior to every 
transit of the Seaway unless they are provided with a valid Inspection 
Report for a round trip transit.
    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 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 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 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 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

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 (a)(2); and add a new paragraph 
(e) to read as follows:


Sec.  401.10  Mooring lines.

    (a) * * *

[[Page 8478]]

    (2) Have a diameter not greater than 28 mm for wire line and not 
greater than 64 mm for approved synthetic lines;
* * * * *
    (e) Hand held synthetic lines if permitted by the Manager or 
Corporation shall meet the criteria in paragraph (a) and shall have a 
minimum length of not less than 65 meters.
* * * * *
0
3. Revise Sec.  401.14 to read as follows:


Sec.  401.14  Anchor marking buoys.

    (a) A highly visible anchor marking buoy of a type approved by the 
Manager and the Corporation, fitted with 22 m of suitable line, shall 
be secured directly to each anchor so that the buoy will mark the 
location of the anchor when the anchor is dropped.
    (b) Every vessel shall deploy the anchor marking buoy when dropping 
an anchor in Seaway waters.
0
4. In Sec.  401.28, revise paragraph (d) to read as follows:


Sec.  401.28  Speed limits.

* * * * *
    (d) Notwithstanding the above speed limits, every vessel 
approaching a free standing lift bridge shall proceed at a speed so 
that it will not pass the Limit of Approach sign should the raising of 
the bridge be delayed.
    5. Revise Sec.  401.29 to read as follows:


Sec.  401.29.  Maximum draft.

    (a) Notwithstanding any provision herein, the loading of cargo, 
draft and speed of a vessel in transit shall be controlled by the 
master, who shall take into account the vessel's individual 
characteristics and its tendency to list or squat, so as to avoid 
striking bottom.\1\
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    \1\ The main channels between the Port of Montreal and Lake Erie 
have a controlling depth of 8.23m.
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    (b) The draft of a vessel shall not, in any case, exceed 79.2 dm or 
the maximum permissible draft designated in a Seaway Notice by the 
Manager and the Corporation for the part of the Seaway in which a 
vessel is passing.
    (c) Any vessel equipped with an operational Draft Information 
System (DIS) verified by a member of the International Association of 
Classification Societies (IACS) as compliant with the Implementation 
Specifications found at http://www.greatlakes-seaway.com and having 
onboard:
    (1) An operational AIS with accuracy=1 (DGPS); and
    (2) Up-to-date electronic navigational charts; and
    (3) Up-to-date charts containing high-resolution bathymetric data, 
and
    (4) The DIS Display shall be located as close to the primary 
conning position and be visible and legible; and
    (5) A pilot plug, if using a portable DIS; will be permitted, when 
using the DIS, subject to paragraph (a) of this section, to increase 
their draft by no more than 7 cm above the maximum permissible draft 
prescribed under paragraph (b) of this section in effect at the time.
    (d) Verification document of the DIS must be kept on board the 
vessel at all times and made available for inspection.
    (e) A company letter attesting to officer training on use of the 
DIS must be kept on board and made available for inspection.
    (f) Any vessel intending to use the DIS must notify the Manager or 
the Corporation in writing at least 24-hours prior to commencement of 
its initial transit in the System with the DIS.
    (g) Any vessel intending to use the DIS to transit at a draft 
greater than the maximum permissible draft prescribed under paragraph 
(b) of this section in effect at the time, for subsequent transits must 
fax a completed confirmation checklist found at www.greatlakes-seaway.com to the Manager or the Corporation prior to its transit.
    (h) 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 paragraph 
(b) of this section in effect at the time, the vessel must notify the 
Manager or the Corporation immediately.
0
6. Revise Sec.  401.49 to read as follows:


Sec.  401.49.  Dropping anchor or tying to canal bank.

    Except in an emergency, no vessel shall drop anchor in any canal or 
tie-up to any canal bank unless authorized to do so by the traffic 
controller. Every anchor shall be suitably rigged for immediate 
release, holding and efficient retrieval.
0
7. Revise Sec.  401.73 to read as follows:


Sec.  401.73  Cleaning tanks--hazardous cargo vessels.

    (a) Cleaning and gas freeing of tanks shall not take place:
    (1) In a canal or a lock;
    (2) In an area that is not clear of other vessels or structures; 
and
    (3) Before gas freeing and tank cleaning has been reported to the 
nearest Seaway station.
    (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 or wharfs, a 
written request must be sent to the SLSMC, preferably 24 hours prior to 
the vessel's arrival on SLSMC approach walls or wharfs. The hot work 
shall not commence until approval is obtained from an SLSMC Traffic 
Control Center.
    (c) Special Requirements for Tankers Performing Hot Work. Prior to 
arriving at any SLSMC designated approach wall or wharf, a tanker must 
be gas free or have tanks inerted. The gas-free certificate must be 
sent to the SLSMC Traffic Control Center in order to obtain clearance 
for the vessel to commence hot work.
0
10. In Sec.  401.79 revise paragraph (b)(4) to read as follows:


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

* * * * *
    (b) * * *
    (4) Tug/barge combinations not on the ``Seaway Approved Tow'' list 
are subject to Seaway inspection prior to every transit of the Seaway 
unless provided with a valid Inspection Report for a round trip 
transit.

    Issued at Washington, DC, on January 31, 2013.
    Saint Lawrence Seaway Development Corporation.
Craig H. Middlebrook,
Deputy Administrator.
[FR Doc. 2013-02601 Filed 2-5-13; 8:45 am]
BILLING CODE 4910-61-P