[Federal Register Volume 75, Number 17 (Wednesday, January 27, 2010)]
[Proposed Rules]
[Pages 4331-4334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1608]
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DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development Corporation
33 CFR Part 401
[Docket No. SLSDC-2010-0001]
RIN 2135-AA30
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 Regulation and Rules:
Condition of Vessels; Seaway Navigation; Radio Communications; and
General. 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 February 26, 2010.
ADDRESSES: You may submit comments [identified by Docket Number SLSDC
2010-0001] 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, between 9 am and 5 pm, 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 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, 1200
New Jersey Avenue, SE., Washington, DC, between 9 am and 5 pm, 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 would update the following sections of
the Regulations and Rules: Condition of Vessels; Seaway Navigation;
Radio Communications; and General. 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
[[Page 4332]]
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 permit vessels with
synthetic lines to transit the Seaway with a spliced eye of 1.8 m
instead of the current 2.4 m. The SLSMC has conducted tests regarding
the effectiveness of the smaller spliced eye and has determined that a
spliced eye of 1.8 m for synthetic lines is sufficient for safety
purposes. In addition, two changes are proposed for section 401.12,
``Minimum requirements--mooring lines and fairleads''. These proposed
amendments would set specific requirements for each mooring line to
ensure that safety is maintained through proper use of appropriate
strength wire specific to vessel size. These changes are being proposed
based on tests conducted by the SLSMC in conjunction with relevant
stakeholders.
One change is proposed for the Seaway Navigation section. In
section 401.52, ``Limit of Approach to a Bridge'', vessels are required
to proceed at a safe speed between whistle posts at bridges in order to
come to a controlled stop before the limit of an approach sign. This
proposed amendment is due to recent incidents involving vessels
proceeding at a speed which did not permit a controlled stop, resulting
in damage to the vessel.
In the Radio Communications section, two changes are proposed. The
changes to section 401.61, ``Assigned frequencies'', and section
401.63, ``Radio procedure'', reflect the requirement that channel 12 is
to be used in lieu of channel 13 in the Seaway Sodus sector. This
change is based on two years of testing and troubeshooting radio
problems on Lake Ontario that determined that channel 12 would provide
a more effective communication medium than does channel 13.
Corresponding edits have been proposed for Schedule III to reflect the
channel change.
Two changes are proposed to the ``General'' section. In section
401.90, ``Boarding for inspection'', vessels will be required to
provide a safe and approved means of boarding for inspectors. Currently
the pigeon holes used by inspectors to board vessels typically fill
with ice and snow making access between the tug and barge a safety
hazard. In section 401.94, ``Keeping copies of documents'', a vessel
will be required to keep, in either electronic or paper form: A copy of
the vessel's valid inspection report; the rules and procedures; and,
Seaway Notices for the current navigation year. 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 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 reg.) 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
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 Sec. 401.10 revise paragraph (a)(3) and (b) to read as
follows:
Sec. 401.10 Mooring lines.
(a) * * *
(3) Be fitted with a hand spliced eye or Flemish type mechanical
spliced eye of not less than 2.4 m long for wire lines and 1.8 m long
spliced eye for approved synthetic lines;
* * * * *
(b) Unless otherwise permitted by an officer, vessels greater than
150 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.
* * * * *
3. In Sec. 401.12 redesignate paragraph (a)(4) as (a)(3)(iii) and
revise paragraphs (a)(1) introductory text, (a)(2), (a)(3) introductory
text, and (b) introductory text to read as follows:
Sec. 401.12 Minimum requirements--mooring lines and fairleads.
(a) * * *
(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.
* * * * *
(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. All lines shall be led through closed chocks or fairleads
acceptable to the Manager and the Corporation.
(3) Vessels of more than 150 m in overall length shall have four
mooring lines--wires, independently power
[[Page 4333]]
operated by the main drums of adequate power operated winches as
follows:
* * * * *
(b) Unless otherwise permitted by the officer, the following table
sets out the requirements for the location of fairleads or closed
chocks for vessels of 100 m or more in overall length.
* * * * *
4. In Sec. 401.52, add a new paragraph (c) to read as follows:
Sec. 401.52 Limit of approach to a bridge.
* * * * *
(c) All vessels are to proceed at a safe speed between the whistle
signs at bridges so that a controlled stop, if necessary, can be
achieved before the limit of approach sign at bridges.
5. Revise Sec. 401.61 to read as follows:
Sec. 401.61 Assigned frequencies.
The Seaway stations operate on the following assigned VHF
frequencies:
156.8 MHz--(channel 16)--Distress and Calling.
156.7 MHz--(channel 14)--Working (Canadian Stations in Sector 1 and the
Welland Canal).
156.6 MHz--(channel 12)--Working (U.S. Station in Lake Ontario)
156.6 MHz--(channel 12)--Working (U.S. Stations in Sector 2 of the
River).
156.55 MHz--(channel 11)--Working (Canadian Stations in Sector 3, Lake
Ontario and Lake Erie).
6. Revise Sec. 401.63 to read as follows:
Sec. 401.63 Radio procedure.
Every vessel shall use the channels of communication in each
control sector as listed in the table to this section.
Channels of Communication
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Control
Station sector No. Sector limits Call in Work Listening watch
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Seaway Beauharnois................. 1 C.I.P No. 2 to C.I.P Ch. 14................ Ch. 14................ Ch. 14.
No. 6-7.
Seaway Eisenhower.................. 2 C.I.P. No. 6-7 to Ch. 12................ Ch. 12................ Ch. 12.
C.I.P. No. 10-11.
Seaway Iroquois.................... 3 C.I.P. No. 10-11 to Ch. 11................ Ch. 11................ Ch. 11.
Crossover Island.
Seaway Clayton..................... 4 Crossover Island to Ch. 13................ Ch. 13................ Ch. 13.
Cape Vincent.
Seaway Sodus....................... 4 Cape Vincent to Mid Ch. 12................ Ch. 12................ Ch. 16.
Lake Ontario.
Seaway Newcastle................... 5 Mid Lake Ontario to Ch. 11................ Ch. 11................ Ch. 16.
C.I.P. No. 15.
Seaway Welland..................... 6 C.I.P. No. 15 to Ch. 14................ Ch. 14................ Ch. 14.
C.I.P. No. 16.
Seaway Long Point.................. 7 C.I.P. No. 16 to Long Ch. 11................ Ch. 11................ Ch. 16.
Point.
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7. In Sec. 401.90, add a new paragraph (d) to read as follows:
Sec. 401.90 Boarding for inspections.
* * * * *
(d) Vessels shall provide a safe and approved means of boarding.
Pigeon holes are not accepted as a means of boarding and an alternate
safe means of access between a tug and a barge shall be provided.
8. In Sec. 401.94, revise paragraph (a) to read as follows:
Sec. 401.94 Keeping copies of regulations.
(a) A copy of these Regulations (subpart A of part 401), a copy of
the vessel's valid Vessel Inspection Report and Seaway Notices for the
current navigation year shall be kept on board every vessel in transit.
For the purposes of this section, a copy may be kept in either paper or
electronic format.
* * * * *
9. In the appendix, Schedule III to Subpart A of Part 401--Calling-
in Table, revise entries 18, 35, and 36 to read as follows:
Schedule III to Subpart A of Part 401--Callng-in Table
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C.I.P. and checkpoint Station to call Message content
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* * * * * * *
18. Sodus Point............. Seaway Sodus........ 1. Name of Vessel.
Channel 12 2. Location.
3. ETA Mid-Lake
Ontario.
* * * * * * *
35. Mid-Lake Ontario- Seaway Sodus........ 1. Name of Vessel.
Entering Sector 4.
Channel 12 2. Location.
36. Sodus Point............. Seaway Sodus........ 1. Name of Vessel.
Channel 12 2. Location.
3. Updated ETA Cape
Vincent or Lake
Ontario Port.
4. Confirm River
Pilot Requirement.
5. Pilot
requirement--Snell
Lock and/or Upper
Beauharnois Lock
(inland vessels
only).
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Issued at Washington, DC on January 21, 2010.
Saint Lawrence Seaway Development Corporation.
Collister Johnson, Jr.,
Administrator.
[FR Doc. 2010-1608 Filed 1-26-10; 8:45 am]
BILLING CODE 4910-61-P