Seaway Regulations and Rules: Periodic Update, Various Categories, 12967-12973 [05-5268]
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Federal Register / Vol. 70, No. 51 / Thursday, March 17, 2005 / Rules and Regulations
books, records, and property. Under
DOD Directive 5530.1,6 the Secretary of
the Navy’s sole delegate for service of
process is the General Counsel of the
Navy. See CFR 257.5(c). All process for
such documents shall be served upon
the General Counsel at the Department
of the Navy, Office of the General
Counsel, Navy Litigation Office, 720
Kennon Street SE, Bldg 36 Room 233,
Washington Navy Yard, DC 20374–
5013, 202–685–7039, who will refer the
matter to the proper delegate for action.
*
*
*
*
*
Dated: March 11, 2005.
I.C. Le Moyne Jr.,
Lieutenant, Judge Advocate General’s Corps,
U.S. Navy, Alternate Federal Register Liaison
Officer.
[FR Doc. 05–5288 Filed 3–16–05; 8:45 am]
BILLING CODE 3810–FF–P
DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development
Corporation
33 CFR Part 401
[Docket No. SLSDC 2005–20085]
RIN 2135–AA20
Seaway Regulations and Rules:
Periodic Update, Various Categories
Saint Lawrence Seaway
Development Corporation, DOT.
ACTION: Final rule.
AGENCY:
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
Regulation and Rules: Condition of
Vessels; Preclearance and Security for
Tolls; Seaway Navigation; Dangerous
Cargo; Toll Assessment and Payment;
Information and Reports; and General.
These amendments are necessary to take
account of updated procedures and/or
technology and will enhance the safety
of transits through the Seaway.
DATES: This rule is effective on April 18,
2005.
FOR FURTHER INFORMATION CONTACT:
Craig H. Middlebrook, Acting Chief
Counsel, Saint Lawrence Seaway
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Development Corporation, 400 Seventh
Street, SW., Washington, DC 20590,
(202) 366–0091.
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.
A Notice of Proposed Rulemaking was
published on January 25, 2005 (70 FR
3495). In that notice, the SLSDC
proposed changes that would update the
following sections of the Regulation and
Rules: Condition of Vessels;
Preclearance and Security for Tolls;
Seaway Navigation; Dangerous Cargo;
Toll Assessment and Payment;
Information and Reports; and General.
Many of these changes are to clarify
existing requirements in the regulations.
Where new requirements or regulations
are being adopted, an explanation for
such a change is provided below.
Interested parties have been afforded an
opportunity to comment. One comment
was received seeking clarification of two
of the proposed amendments. No
comments in opposition were received.
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 https://
dms.dot.gov.
The SLSDC is amending the joint
regulations pertaining to the Condition
of Vessels. Among the proposed changes
include new requirements for certain
types of vessels. For example, the
SLSDC is adding a new subsection to
§ 401.3, ‘‘Maximum vessel dimensions’’,
to notify ships with a beam greater than
23.20 m that they may be subject to
transit restrictions and/or delays during
periods of ice cover. Larger beamed
vessels often require special handling
through the locks under ice conditions
and this amendment will adequately
notify such vessels that they may be
subject to special restrictions or delays
as a result of these special precautions.
Under § 401.4, ‘‘Maximum length and
weight’’, the SLSDC is adding language
that would clarify that a transit would
be through the Seaway Locks. Also,
under § 401.6, ‘‘Markings’’, the SLSDC
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is adding additional language that
clarifies the type of marking needed for
vessels with a bulbous bow that extends
forward beyond its stem head.
The SLSDC is amending § 401.7,
‘‘Fenders’’, to require that permanent
fenders be installed on vessels where
any structural part of a ship protrudes
so as to endanger Seaway installations.
From the SLSDC’s experience,
permanent fenders provide greater
protection than portable fenders and
this amendment would enhance the
safety of lock transits.
The SLSDC is also amending § 401.7
to allow for a one-transit use of a
portable fender, pursuant to special
approval. The SLSDC recognizes that
certain vessels may only need to transit
the Seaway once and that requiring
them to install permanent fenders may
be burdensome. Also, the SLSDC is
adding a new subsection to § 401.7 that
would allow ships of unusual design to
use temporary or permanent fenders not
greater than 30 cm in thickness, subject
to special approval. Through this new
subsection, the SLSDC recognizes that
for certain vessels that may need to
transit the locks infrequently, or only
once, the requirement for permanent
fenders may be burdensome.
Under § 401.8, ‘‘Landing Booms’’, the
SLSDC is adding a new subsection that
would require that a ship’s crew shall be
adequately trained in the use of landing
booms. For ships of more than 50 m in
overall length transiting the Seaway,
they are to be equipped with landing
booms, and it is essential for safety that
their crews be trained in the proper use
of this equipment. The SLSDC is also
adding a new subsection requiring
vessels not equipped with landing
booms to use the Seaway’s tie-up
service. The SLSDC recognizes that
some vessels may not be equipped with
landing booms and it provides this
service for such vessels. Requiring them
to use this service will help ensure that
ships transit the Seaway safely.
The one comment we received
regarding the changes to this section
sought clarification of the term
‘‘adequately trained’’ as it relates to the
use of landing booms. The commenter
stated that clarifying this term would
allow it and other shipowners to
understand the Seaway’s intent in
implementing this requirement, which
would assist them in complying with
the provision. In response to this
comment, we note that if a vessel is
equipped with landing booms, the
booms will be inspected as part of the
regular Seaway Inspection, just as any
other piece of deck equipment is subject
to inspection. Shipowners are
responsible for ensuring that their crews
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know how to use safely any piece of
deck equipment, including landing
booms. Seaway inspectors may, under
certain conditions, ask for a
demonstration in the proper use of the
landing booms. The vessel’s Master will
be asked by Seaway inspectors if the
crew is competent in the use of the
landing booms.
The SLSDC is amending § 401.9,
‘‘Radiotelephone equipment’’, to clarify
that VHF (very high frequency)
transmission positions are designated by
channel numbers instead of by MHz
(megahertz) frequencies.
Under § 401.10, ‘‘Mooring lines’’, the
SLSDC is adding language that provides
greater specificity on the type of
mooring lines already required. Also,
the SLSDC is adding a requirement that
such lines be certified and that a test
certificate shall be available on board for
inspection for each mooring line.
Moreover, the SLSDC is adding a new
subsection that would not permit the
use of nylon lines. Mooring lines are a
vital equipment component used in the
transit of vessels through a lock. The
SLSDC believes that adding these
requirements will help ensure the
integrity and safety of these lines. In
addition, the SLSDC has updated the
table under this section to note the
necessary breaking strengths for various
mooring lines in terms of Metric Tons
(M/T) instead of kiloNewtons (kN). This
change will simply adopt the currently
accepted unit of measurement for
breaking strength.
The SLSDC is amending § 401.11,
‘‘Fairleads’’, to require that mooring
lines and synthetic hawsers, where
permitted, shall pass through not more
than three inboard rollers that are fixed
in place and equipped with horns to
ensure that lines will not slip off when
slackened. The SLSDC believes such a
change is necessary to increase the safe
handling of mooring lines.
Under § 401.12, ‘‘Minimum
requirements—mooring lines and
fairleads’’, the SLSDC is amending the
mooring line and fairlead requirements
for various ship sizes. The first category
of ship size would be for vessels of 80
meters or less instead of 40 meters; the
next category would be for ships of
more than 80 meters but not more than
100 meters, instead of between 40 and
60 meters; the next category would now
be for vessels between 100 meters and
120 meters; and the final category
would be for ships of more than 120
meters in length. For each of these
categories, additional requirements are
being added that will increase the safe
handling of vessels through the locks.
The table under this section is also
amended to reflect theses changes.
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The one comment we received
concerning this section sought to
confirm that a mooring line arrangement
that has already been approved by the
Seaway authorities under the previous
requirements will be acceptable to allow
transit through the Seaway. After
receiving the comment, the SLSDC and
the SLSMC have reviewed the matter,
and we conclude that mooring line
arrangements previously approved
would be acceptable. All vessels that
have not had their mooring line
arrangements previously approved by
the Seaway authorities, however, will be
required to comply with the new
requirements.
The SLSDC is amending § 401.13,
‘‘Hand lines’’, by adding language that
requires that the ends of hand lines
shall be back spliced or tapered and not
be weighted or have knotted ends.
These changes will greatly increase the
likelihood that the Seaway’s line
handlers will be able to work safely
with a ship’s hand lines and not be
injured in the process of tying up a
vessel.
Under § 401.14, ‘‘Anchor marking
buoys’’, the SLSDC is amending this
section to give ship owners more
flexibility in making their anchor
marking buoys highly visible. The
current section requires that anchor
buoys must be orange.
For § 401.16, ‘‘Propeller direction
alarms’’, and § 401.17, ‘‘Pitch indicators
and alarms’’, the SLSDC is amending
these sections by also making them
applicable to integrated tug and barge or
articulated tug and barge units of
combined 1,600 gross registered tons or
more. This change reflects the reality
that tug and barge units of this size now
use the Seaway with greater frequency.
Requiring that such units possess this
equipment ensures their safe operation
through the Seaway.
Under § 401.19, ‘‘Disposal and
discharge systems’’, the SLSDC is
adding language that clarifies which
pertinent laws and regulations are
Canadian and which are U.S. In
addition, the SLSDC is adding a
requirement that would prohibit the
burning of shipboard garbage in certain
areas of the Seaway.
The SLSDC is amending § 401.20,
‘‘Automatic Identification System’’, by
adding a provision that would require
that the Minimum Keyboard Display
(MKD) be located as close as possible to
the primary conning position as
possible and be visible. The Seaway has
been using the Automatic Identification
System as part of its Traffic
Management System since 2002, and
based on this experience, it has been
determined that the MKD must be
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located close to the primary conning
position and be visible to be most
effective in ensuring the safe navigation
of the vessel.
The SLSDC is amending the joint
regulations regarding the Preclearance
and Security for Tolls. Among the
amendments are changes to § 401.22,
‘‘Preclearance of vessels’’, that would
change the minimum size of a pleasure
craft not needing to apply for
Preclearance from 317.5 tonnes to 300
gross registered tonnes (GRT) and would
change the minimum size from 317.5
tonnes to 300 gross registered tonnage
under which a non-commercial ship
cannot apply for Preclearance and must
transit as a pleasure craft. These slight
increases in the minimum ship size are
needed to bring these criteria in line
with Great Lakes Pilotage Authority
requirements (300 GRT).
Under § 401.24, ‘‘Application for
Preclearance’’, the SLSDC is amending
the section by allowing ship
representatives to obtain an application
directly from the SLSDC and SLSMC
joint Web site (www.greatlakesseaway.com). Allowing users to
download the Preclearance applications
will make it easier for Seaway users to
obtain these documents.
Under the SLSDC’s regulations
pertaining to Seaway Navigation, the
SLSDC is making several amendments.
For example, under § 401.30, ‘‘Ballast
water and trim’’, the SLSDC is adding a
requirement that no ship shall be
accepted for transit whose trim by the
stern exceeds 45.7 dm (decimeters),
except under certain circumstances.
This would limit the length of a vessel
permitted to transit the Seaway in terms
of its trim by the stern. The upper limit
permitted would be 45.7 dm, beyond
which a ship’s trim could potentially
interfere with the proper functioning of
the lock. This specificity regarding trim
has been added to the regulations to
provide greater clarity to users to
facilitate their planned transit through
the Seaway. The change still allows for
vessels exceeding this limit to transit
under exceptional circumstances.
Under § 401.34, ‘‘Vessels in tow’’,
language is being added that would
make it clear that non-self-propelled
vessels, i.e. vessels in tow, are required
to be securely tied to an adequate tug or
tugs. The number of non-self-propelled
vessels, such as those used in integrated
tug/barges, transiting the Seaway is
increasing. This change to the existing
language of § 401.34 ensures that such
vessels are safely secured to their power
units and thereby enhance overall
Seaway safety.
To enhance the safety of the
navigation of vessels in certain areas of
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the Seaway, a requirement is being
added to § 401.35, ‘‘Navigation
underway’’, to have a helmsman present
in the wheelhouse of the ship in
addition to either the master or certified
deck officer. Having two qualified
personnel in the wheelhouse will
enhance the ability of the vessel to
transit without incident in those areas of
the Seaway where navigation is more
difficult.
Under § 401.37 ‘‘Mooring at tie-up
walls’’, the proposal would delete the
requirement that only Canadian or U.S.
Coast Guard approved life jackets are
permissible. This requirement is being
deleted because not only these two
countries have approval requirements
for their lifejackets.
Under § 401.39, ‘‘Preparing mooring
lines for passing through’’, new
language will state that winches must be
capable of paying out at a minimum
speed of 46 m (meters) per minute. The
current language allows for winches
paying out at a lower rate to be used as
long as sufficient lengths of mooring
lines are drawn off the winch drums
and laid out on the deck. Such a
procedure is no longer deemed
optimally safe and requiring all winches
to have this minimum pay out speed
will maximize ship and line handling
safety.
§ 401.42, ‘‘Passing hand lines’’,
paragraph (b), which prohibits the use
of knotted or weighted hand lines in a
lock chamber, is deleted. Listing this
prohibition here is redundant, as it
would now be listed earlier in
§ 401.13(c).
To aid those leaving or boarding a
vessel, a requirement under § 401.57,
‘‘Disembarking or boarding’’, is being
added that would require a member of
the crew to assist persons disembarking
or boarding vessels. Having a crew
member assist in such instances greatly
reduces the risk of injury.
Under § 401.58, ‘‘Pleasure craft
scheduling’’, an additional requirement
is being added that requires every
pleasure craft planning to transit to
arrange for the transit by contacting the
lock personnel using the direct-line
phone at a pleasure craft dock and to
make the lockage fee payment by
purchasing a ticket using the automated
ticket dispensers located at pleasure
craft docks. This new requirement will
aid in the scheduling of pleasure craft
transits and simplify the collection of
fees.
The SLSDC is making several
amendments to the joint regulations
pertaining to Dangerous Cargo. Among
these is a change to § 401.68,
‘‘Explosives permit’’, to require a permit
for all ships carrying any quantity of
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explosives with a mass explosive risk,
up to a maximum of 2 tonnes, under
IMO Class 1, Division 1.1 and 1.5.
Under § 401.72, ‘‘Reporting—
explosive and hazardous cargo vessels’’,
additional reporting requirements for
ships carrying grain have been added.
Specifically, every ship carrying grain
that is under fumigation must now
declare to the nearest traffic control
center the nature of the fumigant as well
as which cargo holds are affected. Also,
all ships carrying grain under
fumigation would be required to file
with the SLSMC, prior to transiting, a
copy of its current load plan. These
changes will increase the ability of the
Seaway to transit ships carrying grain
safely.
Also § 401.72 now requires that the
load plan should include the
approximate total weight in metric
tonnes or total volume in cubic meters.
This added information will help ensure
that the correct information is provided.
An additional requirement being
added to § 401.72 requires tankers in
ballast to report the previous cargo of
each cargo hold on a model of the
current load plan for loaded vessels.
Such information will assist the Seaway
in ensuring the safe transit of such
vessels through the waterway.
Moreover, a midships cross-section
showing the double bottom tanks and
ballast side tanks for tankers is now
required.
Under § 401.72, the Seaway will now
distribute a ship’s load plan to all other
Seaway Traffic Control Centers, and if
any changes in stowage are made to the
plan, including loading and discharging
during a transit, the ship must submit
an updated plan before departing from
any port in the Seaway. Having current
information of this type and ensuring
that it is disseminated to all Vessel
Traffic Control Centers will enhance the
Seaway’s ability to handle such ships
safely in all sectors of the waterway.
Finally under § 401.72, a new
subsection would put users on notice
that failure to comply with these
requirements may result in unnecessary
delays or transit refusal.
Under the SLSDC’s regulations
pertaining to Toll Assessment and
Payment, the SLSDC is making several
amendments. For example, under
§ 401.74, ‘‘Transit declaration’’, the
Seaway Transit Declaration Form is now
available only through the SLSMC’s
Cornwall office, and not the SLSDC’s
Massena office. The SLSMC is already
the entity that receives these forms, and
thus limiting the source of this form to
the SLSMC’s location in Cornwall will
facilitate the Seaway’s ability to keep
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12969
these forms current and to collect them
efficiently.
In § 401.75, ‘‘Payment of tolls’’,
additional language would require
pleasure craft to transit each Canadian
lock with prepaid tickets purchased in
Canadian funds using automated credit
card ticket dispensers located at
pleasure craft docks. The use of these
new dispensers will aid in the efficient
transiting of pleasure craft by
eliminating the need to collect fees in
hard currency. At U.S. locks, the fee is
paid in U.S. funds or the pre-established
equivalent in Canadian funds.
The SLSDC is making several
amendments to the joint regulations
pertaining to Information and Reports.
This includes a change to § 401.79,
‘‘Advance notice of arrival, vessels
requiring inspection’’, that increases the
requirement for advance notice of
arrival from 24 hours prior to all transits
to 96 hours. This change is needed to
comply with recent changes to the
Canadian and U.S. laws requiring such
notice.
A change to § 401.81, ‘‘Reporting an
accident’’, would add language that all
ships involved in an accident or a
dangerous occurrence, must report the
incident prior to departing the Seaway
system. This language should remove
any ambiguity about when such
reporting is required.
Under the SLSDC’s regulations
pertaining to General matters, the
SLSDC is making several amendments.
Under § 401.93, ‘‘Access to Seaway
property’’, the reference to ‘‘Shore
Traffic Regulations’’ is replaced with
‘‘Seaway Property Regulations’’ to
reflect the correct name of the
document.
In § 401.94, ‘‘Keeping copies of
regulations’’, an additional requirement
is being added that would require ships
transiting the Seaway to store
permanently a duplicate set of the ship’s
Fire Control Plans in a prominently
marked and weather-tight enclosure
outside the deckhouse. Storing this
document in this way will assist
emergency response personnel who may
be called on board to respond to a fire.
Under § 401.95, ‘‘Compliance with
regulations’’, an additional requirement
has been added that would require the
master or owner of a ship to ensure that
all requirements of the Joint Practices
and Procedures as well as Seaway
Notices applicable to that ship are
complied with. Adding Seaway Notices
clarifies the responsibilities of the
master and ship owner.
Regulatory Evaluation
This regulation involves a foreign
affairs function of the United States and
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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 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 reg.) 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 it 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.
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
amending 33 CFR part 401, Seaway
Regulations and Rules, as follows:
I
PART 401—SEAWAY REGULATIONS
AND RULES
Subpart A—Regulations
1. The authority citation for subpart A
of part 401 continues to read as follows:
I
Authority: 33 U.S.C. 983(a) and 984(a)(4),
as amended; 49 CFR 1.52, unless otherwise
noted.
2. In § 401.3, a new paragraph (f) is
added to read as follows:
I
§ 401.3
Maximum vessel dimensions.
*
*
*
*
*
(f) Vessels with beams greater than
23.20 m may be subject to transit
restrictions and/or delays during
periods of ice cover.
*
*
*
*
*
I 3. Section 401.4 is revised to read as
follows:
§ 401.4
Maximum length and weight.
No vessel of less than 6 m in overall
length or 900 kg in weight shall transit
through Seaway Locks.
I 4. In § 401.6, paragraph (c) is revised
to read as follows:
§ 401.6
Markings.
*
*
*
*
*
(c) Where a vessel’s bulbous bow
extends forward beyond her stem head,
a symbol of a bulbous bow shall be
marked above the vessel’s summer load
line draught mark in addition to a +
symbol followed by a number indicating
the total length in meters by which the
bulbous bow projects beyond the stem.
*
*
*
*
*
I 5. In § 401.7, paragraphs (a)
introductory text and (a)(2) introductory
text are revised, and paragraphs (b) and
(c) are added 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 permanent fenders—
*
*
*
*
*
(2) On special application, portable
fenders, other than rope hawsers, may
be allowed for a single transit if the
portable fenders are—
*
*
*
*
*
(b) Tires shall not be used as fenders.
(c) On special application, ships of
unusual design may be permitted to
utilize temporary or permanent fenders
not greater than 30 cm in thickness.
I 6. Section 401.8 is revised to read as
follows:
§ 401.8
Landing booms.
(a) Vessels of more than 50 m in
overall length shall be equipped with at
least one adequate landing boom on
each side.
(b) Vessels’ crews shall be adequately
trained in the use of landing booms.
(c) Vessels not equipped with landing
booms must use the Seaway’s tie-up
service at approach walls.
I 7. In § 401.9, paragraph (b)(2) is revised
to read as follows:
§ 401.9
Radiotelephone Equipment.
*
*
*
*
*
(b) * * *
(2) Be fitted to operate from the
conning position in the wheelhouse and
to communicate on channels 11, 12, 13,
14, 17 and 66a.
*
*
*
*
*
I 8. In § 401.10, paragraph (a)(3) and the
table at the end of the section are revised,
and paragraphs (a)(6) and (d) are added
to read as follows:
§ 401.10
Mooring lines.
*
*
*
*
*
(a) * * *
(3) Be fitted with a hand spliced eye
or Flemish type mechanical spliced eye
not less than 2.4 m long;
*
*
*
*
*
(6) Be certified and a test certificate
for each mooring line shall be available
on board for inspection.
*
*
*
*
*
(d) Notwithstanding paragraphs (a)
through (c) of this section, nylon line is
not permitted.
TABLE
Length of
mooring lines
(m)
Overall length of vessels
40 m
More
More
More
More
or more but not more than 60 m ................................................................................................................
than 60 m but not more than 90 m ............................................................................................................
than 90 m but not more than 120 m ..........................................................................................................
than 120 m but not more than 180 m ........................................................................................................
than 180 m but not more than 222.5 m .....................................................................................................
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110
110
110
110
Breaking
strength
(M/T)
10
15
20
28
35
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Federal Register / Vol. 70, No. 51 / Thursday, March 17, 2005 / Rules and Regulations
(i) One synthetic hawser shall lead
forward from the break of the bow and
I 9. In § 401.11, the introductory text
one synthetic hawser shall lead astern
and paragraph (b) are revised to read as
from the quarter and be independently
follows:
power operated by winches, capstans or
windlasses and lead through closed
§ 401.11 Fairleads.
chocks or fairleads acceptable to the
Mooring lines, and synthetic hawsers
Manager and the Corporation; and
where permitted, shall:
(ii) One synthetic hawser shall be
*
*
*
*
*
hand held and lead astern from the
(b) Pass through not more than three
break of the bow through closed chocks
inboard rollers that are fixed in place
to suitable mooring bitts on deck.
and equipped with horns to ensure that
(2) Vessels of more than 80 m but not
more than 100 m in overall length shall
leins will not slip off when slackened
and provided with free-running sheaves have four synthetic hawsers, of which
three shall be independently power
or rollers; and
operated by winches, capstans or
*
*
*
*
*
windlasses and one being hand held.
I 10. In § 401.12, paragraphs (a)(1),
All lines shall be led through closed
(a)(2), (a)(3), (a)(4) introductory text,
chocks or fairleads acceptable to the
(a)(4)(i), (b), and the table at the end of
Manager and the Corporation, of which
the section are revised to read as follows: three mooring lines:
(i) One shall lead forward and one
§ 401.12 Minimum requirements—mooring
shall lead astern from the break of the
lines and fairleads.
bow and one lead astern from the
(a) * * *
quarter and all three lines shall be
(1) Vessels of 80 m or less in overall
independently power operated; and
length shall have at least three synthetic
(ii) One shall lead forward from the
hawsers, two of which shall be
quarter and be hand held;
(3) Vessels of more than 100 m but not
independently power operated and one
more than 120 m in overall length shall
of which shall be hand held:
*
*
*
*
*
have four mooring lines or synthetic
hawsers independently power operated
by winches, capstan or windlasses as
follows:
(i) One mooring line shall lead
forward and one mooring line shall lead
astern from the break of the bow and
shall be independently power operated
by the main drums of adequate power
operated winches, and
(ii) One synthetic hawser shall lead
forward and one synthetic hawser shall
lead astern from the quarter and shall be
independently power operated by either
winches, capstan or windlasses;
(4) Vessels of more than 120 m in
overall length shall have four mooring
lines, two of which shall lead from the
break of the bow and two of which shall
lead from the quarter, and;
(i) All shall be independently power
operated by the main drums of adequate
power operated winches and not by
capstans or windlasses; and
*
*
*
*
*
(b) The following table sets out the
requirements for the location of
fairleads for ships of 80 m or more in
overall length:
TABLE
For mooring lines
Nos. 1 and 2
Overall length of ships
80 m
More
More
More
or more but not more than 120 m ....................
than 120 m but not more than 150 m ..............
than 150 m but not more than 180 m ..............
than 180 m but not more than 222.5 m ...........
*
Between
Between
Between
Between
12
12
15
20
m
m
m
m
&
&
&
&
30
35
40
50
m
m
m
m
from
from
from
from
the
the
the
the
stem
stem
stem
stem
For mooring lines
Nos. 3 and 4
.....................
.....................
.....................
.....................
*
*
*
*
11. Section 401.13 is revised to read as
follows:
I
§ 401.13
Every vessel of 1600 gross registered
tons or integrated tug and barge or
articulated tug and barge unit of
combined 1600 gross registered tons or
more shall be equipped with—
*
*
*
*
*
I
Hand lines.
Hand lines shall:
(a) Be made of material acceptable to
the Manager and the Corporation;
(b) Be of uniform thickness and have
a diameter of not less than 15 mm and
not more than 17 mm and a minimum
length of 30 m. The ends of the lines
shall be back spliced or tapered; and
(c) Not be weighted or have knotted
ends.
I 12. Section 401.14 is revised to read as
follows:
§ 401.14
Anchor marking buoys.
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.
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13. In § 401.16, the introductory text is
revised to read as follows:
§ 401.16
Propeller direction alarms.
14. In § 401.17, the introductory text is
revised to read as follows:
I
§ 401.17
Pitch indicators and alarms.
Every vessel of 1600 gross registered
tons or integrated tug and barge or
articulated tug and barge unit of
combined 1600 gross registered tons or
more equipped with a variable pitch
propeller shall be equipped with—
*
*
*
*
*
15. In § 401.19, paragraphs (a) and
(b)(2) are revised, and paragraph (d) is
added to read as follows:
I
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§ 401.19
Between
Between
Between
Between
15
15
20
20
m
m
m
m
&
&
&
&
35
40
45
50
from
from
from
from
the
the
the
the
stern.
stern.
stern.
stern.
Disposal and discharge systems.
(a) Every vessel not equipped with
containers for ordure shall be equipped
with a sewage disposal system enabling
compliance with the Canadian Garbage
Pollution Prevention Regulations, the
Canadian Great Lakes Sewage Pollution
Prevention Regulations, the U.S. Clean
Water Act, and the U.S. River and
Harbor Act, and amendments thereto.
(b) * * *
(2) Retained on board in covered,
leak-proof containers, until such time as
it can be disposed of in accordance with
the provisions of the Canadian Garbage
Pollution Prevention Regulations, the
Canadian Great Lakes Sewage Pollution
Prevention Regulations, the U.S. Clean
Water Act, and the U.S. River and
Harbor Act, and amendments thereto.
*
*
*
*
*
(d) Burning of shipboard garbage is
prohibited between CIP 2 & Cardinal
and between CIP 15 and CIP 16.
*
*
*
*
*
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16. In § 401.20, paragraphs (b)(5),
(b)(6), and (b)(7) are redesignated as
paragraphs (b)(6), (b)(7), and (b)(8), and
a new paragraph (b)(5) is added to read
as follows:
I
§ 401.20
Automatic Identification System.
*
*
*
*
*
(b) * * *
(5) The Minimum Keyboard Display
(MKD) shall be located as close as
possible to the primary conning position
and be visible;
*
*
*
*
*
I 17. In § 401.22, paragraphs (a) and (c)
are revised to read as follows:
§ 401.22
Preclearance of vessels.
(a) No vessel, other than a pleasure
craft 300 gross registered tonnage or
less, shall transit until an application for
preclearance has been made, pursuant
to § 401.24, to the Manager by the
vessel’s representative and the
application has been approved by the
Corporation or the Manager pursuant to
§ 401.25.
*
*
*
*
*
(c) A non-commercial vessel of 300
gross registered tonnage or less cannot
apply for preclearance status and must
transit as a pleasure craft.
*
*
*
*
*
I 18. Section 401.24 is revised to read as
follows:
§ 401.24
Application for preclearance.
The representative of a vessel may, on
a preclearance form (3 copies) obtained
from the Manager, Cornwall, Ontario, or
downloaded from the St. Lawrence
Seaway Web site (https://
www.greatlakes-seaway.com), apply for
preclearance, giving particulars of the
ownership, liability insurance and
physical characteristics of the vessel
and guaranteeing payment of the fees
that may be incurred by the vessel.
I 19. In § 401.30, paragraphs (c) and (d)
are redesignated as paragraphs (d) and
(e), newly designated paragraph (e)
introductory text and (e)(2) are revised,
and a new paragraph (c) is added to read
as follows:
§ 401.30
Ballast water and trim.
*
*
*
*
*
(c) No vessel, other than under
exceptional circumstances and with
special permission, shall be accepted for
transit whose trim by the stern exceeds
45.7 dm.
*
*
*
*
*
(e) To obtain clearance to transit the
Seaway:
*
*
*
*
*
(2) Every other vessel entering the
Seaway that operates within the Great
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Lakes and the Seaway must agree to
comply with the ‘‘Voluntary
Management Practices to Reduce the
Transfer of Aquatic Nuisance Species
Within the Great Lakes by U.S. and
Canadian Domestic Shipping’’ of the
Lake Carriers Association and Canadian
Shipowners Association dated January
26, 2001, while operating anywhere
within the Great Lakes and the Seaway.
A copy of the ‘‘Code of the Best
Practices for Ballast Water
Management’’ and of the ‘‘Voluntary
Management Practices to Reduce the
Transfer of Aquatic Nuisance Species
Within the Great Lakes by U.S. and
Canadian Domestic Shipping’’ can be
found under ‘‘Navigation’’, Notice #6,
2002, on www.greatlakes-seaway.com.
I 20. Section 401.34 is revised to read as
follows:
(4) Upbound vessels of overall length
in excess of 218 m in Locks 4 and 5,
Welland Canal, shall secure the hand
lien to the eye of the No. 1 mooring wire
by means of a bowline.
*
*
*
*
*
I 25. Section 401.57 is amended by
adding a new paragraph (c) to read as
follows:
§ 401.57
Disembarking or boarding.
*
*
*
*
*
(c) Persons disembarking or boarding
shall be assisted by a member of the
vessel’s crew.
I 26. Section 401.58 is revised to read as
follows:
§ 401.58
Pleasure craft scheduling.
No vessel that is not self-propelled
(including but not limited to tug/tows
and/or deadship/tows) shall be
underway in any Seaway waters unless
it is securely tied to an adequate tug or
tugs, in accordance with special
instructions given by the Manager or the
Corporation pursuant to § 401.33.
I 21. In § 401.35, paragraph (c) is revised
to read as follows:
(a) The transit of pleasure craft shall
be scheduled by the vessel traffic
controller or the officer in charge of a
lock and may be delayed so as to avoid
interference with other vessels; and
(b) Every pleasure craft seeking to
transit shall stop at a pleasure craft dock
and arrange for transit by contacting the
lock personnel using the direct-line
phone and make the lockage fee
payment by purchasing a ticket using
the automated ticket dispensers.
I 27. In § 401.68, paragraphs (a)(1) and
(a)(4) are revised to read as follows:
§ 401.35
§ 401.68
§ 401.34
Vessels in tow.
Navigation underway.
*
*
*
*
*
(c) Man the wheelhouse of the vessel
at all times by either the master or
certified deck officer, and a helmsman,
and;
*
*
*
*
*
I 22. In § 401.37, paragraph (b) is revised
to read as follows:
§ 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 life jackets.
*
*
*
*
*
I 23. In § 401.39, the introductory text
and paragraph (a) are revised to read as
follows:
§ 401.39 Preparing mooring lines for
passing through.
Before a vessel enters a lock:
(a) Winches shall be capable of paying
out at a minimum speed of 46 m per
minute; and
*
*
*
*
*
I 24. In § 401.42, paragraph (a)(4) is
revised, paragraph (b) is removed, and
paragraph (c) is redesignated as
paragraph (b) to read as follows:
§ 401.42
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Passing hand lines.
(a) * * *
Frm 00010
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Explosives permit.
(a) * * *
(1) For all vessels carrying any
quantity of explosives with a mass
explosive risk, up to a maximum of 2
tonnes (IMO Class 1, Division 1.1 and
1.5);
*
*
*
*
*
(4) For all vessels carrying more than
100 tonnes and up to a maximum of 500
tonnes of safety explosives and shop
goods (IMO Class 1, Divisions 1.4).
*
*
*
*
*
I 28. In § 401.72, paragraphs (a), (e)
introductory text, (e)(2), (f), and (h) are
revised, and paragraphs (e)(6) and (i) are
added to read as follows:
§ 401.72 Reporting—explosive and
hazardous cargo vessels.
(a) Every explosive vessel or
hazardous cargo vessel shall, when
reporting information related to cargo as
required by § 401.64(a), report the
nature and tonnage of its explosive or
hazardous cargo where applicable.
Every vessel carrying grain which is
under fumigation shall declare to the
nearest traffic control center the nature
of the fumigant, its properties and cargo
holds affected.
*
*
*
*
*
(e) Every vessel carrying dangerous
cargo, as defined in § 401.66, and all
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tankers carrying liquid cargo in bulk,
and all vessels carrying grain under
fumigation shall, prior to transiting any
part of the Seaway, file with the
Manager a copy of the current load plan
that includes the following information:
*
*
*
*
*
(2) The approximate total weight in
metric tonnes or total volume in cubic
meters and the stowage location of each
commodity;
*
*
*
*
*
(6) Tankers in ballast shall report the
previous cargo of each cargo hold on a
plan as described in this paragraph (e).
(f) For tankers, the information
required under this section shall be
detailed on a plan showing the general
layout of the tanks, and a midships
cross-section showing the double
bottom tanks and ballast side tanks.
*
*
*
*
*
(h) Every vessel shall submit its load
plan to the nearest Seaway Traffic
Control Center from which it will be
distributed to all other Seaway Traffic
Control Centers. Any changes in
stowage, including loading and
discharging during a transit, the ship
shall submit an updated plan before
departing from any port between St.
Lambert and Long Point.
(i) Failure to comply with the
requirements in this section may result
in unnecessary delays or transit refusal.
I 29. In § 401.74, paragraph (a) is revised
to read as follows:
§ 401.74
§ 401.75
*
*
*
*
(b) Tolls, established by agreement
between Canada and the United States,
and known as the St. Lawrence Seaway
Schedule of Tolls, shall be paid by
pleasure crafts with prepaid tickets
purchased in Canadian funds using
credit card ticket dispensers located at
pleasure craft docks. At U.S. locks, the
fee is paid in U.S. funds or the pre-
14:15 Mar 16, 2005
§ 401.79 Advance notice of arrival, vessels
requiring inspection.
BILLING CODE 4910–61–P
Every vessel shall provide at least 96
hours notice of arrival to the nearest
Seaway station prior to all transits or in
case reinspection of the ship is required.
ENVIRONMENTAL PROTECTION
AGENCY
31. Section 401.79 is revised to read as
follows:
32. In § 401.81, paragraph (a) is revised
to read as follows:
40 CFR Part 271
§ 401.81
Georgia: Final Authorization of State
Hazardous Waste Managaement
Program Revision
I
Reporting an accident.
(a) Where a vessel on the Seaway is
involved in an accident or a dangerous
occurrence, the master of the vessel
shall report the accident or occurrence,
pursuant to the requirements of the
Transportation Safety Board
Regulations, to the nearest Seaway or
Canadian or U.S. Coast Guard radio or
traffic stations, as soon as possible and
prior to departing the Seaway system.
*
*
*
*
*
33. In § 401.93, paragraph (b) is revised
to read as follows:
I
§ 401.93
Access to Seaway property.
*
*
*
*
*
(b) Except as authorized by an officer
or by the Seaway Property Regulations
or its successors, no person shall enter
upon any land or structure of the
Manager or the Corporation or swim in
any Seaway canal or lock area.
34. Section 401.94 is revised to read as
follows:
§ 401.94
Keeping copies of regulations.
(a) 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.
(b) Onboard every vessel transiting
the Seaway a duplicated set of the
Ship’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.
35. Section 401.95 is revised to read as
follows:
I
Payment of tolls.
*
VerDate jul<14>2003
I
Saint Lawrence Seaway Development
Corporation.
Albert S. Jacquez,
Administrator.
[FR Doc. 05–5268 Filed 3–16–05; 8:45 am]
established equivalent in Canadian
funds.
I
Transit declaration.
(a) A Seaway Transit Declaration
Form (Cargo and Passenger) shall be
forwarded to the Manager by the
representative of a ship, for each ship
that has an approved preclearance
except non-cargo ships, within fourteen
days after the vessel enters the Seaway
on any upbound or downbound transit.
The form may be obtained from The St.
Lawrence Seaway Management
Corporation, 202 Pitt Street, Cornwall,
Ontario, K6J 3P7.
*
*
*
*
*
I 30. In § 401.75, paragraph (b) is revised
to read as follows:
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12973
§ 401.95
Compliance with regulations.
The master or owner of a vessel shall
ensure that all requirements of these
Regulations and Seaway Notices
applicable to that vessel are complied
with.
Issued at Washington, DC on March 11,
2005.
PO 00000
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[FRL–7885–6]
Environmental Protection
Agency (EPA).
ACTION: Immediate final rule; reopening
of comment period and stay of effective
date.
AGENCY:
SUMMARY: The EPA is announcing a stay
of the immediate final rule published in
the Federal Register of January 27, 2005
(70 FR 3894), authorizing revisions to
Georgia’s hazardous waste management
program under the Resource
Conservation and Recovery Act (RCRA)
and the Hazardous and Solid Waste
Amendments of 1984 (HSWA). The
effect of the stay is to allow for an
extended public comment period. EPA
did not publish a public notice in the
newspaper concurrent with publication
of the Federal Register notice published
on January 27, 2005. Therefore, since
EPA is committed to its policy of
ensuring public involvement in the
decision-making process, EPA is
reopening the comment period.
DATES: Effective February 24, 2005, the
immediate final rule published on
January 27, 2005 (70 FR 3894), is stayed
until April 20, 2005. EPA will accept
comments until March 20, 2005. If no
adverse comments are received by
March 20, 2005, the stay will expire,
and the January 27, 2005, immediate
final rule will take effect without further
notice on April 20, 2005.
FOR FURTHER INFORMATION CONTACT:
Audrey E. Baker, Georgia
Authorizations Coordinator, RCRA
Programs Branch, Waste Management
Division, U.S. Environmental Protection
Agency, The Sam Nunn Federal Center,
61 Forsyth Street, SW., Atlanta, Georgia
30303–8960; (404) 562–8483.
Dated: March 10, 2005.
A. Stanley Meiburg,
Deputy Regional Administrator, Region 4.
[FR Doc. 05–5320 Filed 3–16–05; 8:45 am]
BILLING CODE 6560–50–M
E:\FR\FM\17MRR1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 51 (Thursday, March 17, 2005)]
[Rules and Regulations]
[Pages 12967-12973]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5268]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development Corporation
33 CFR Part 401
[Docket No. SLSDC 2005-20085]
RIN 2135-AA20
Seaway Regulations and Rules: Periodic Update, Various Categories
AGENCY: Saint Lawrence Seaway Development Corporation, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
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 Regulation and Rules: Condition of
Vessels; Preclearance and Security for Tolls; Seaway Navigation;
Dangerous Cargo; Toll Assessment and Payment; Information and Reports;
and General. These amendments are necessary to take account of updated
procedures and/or technology and will enhance the safety of transits
through the Seaway.
DATES: This rule is effective on April 18, 2005.
FOR FURTHER INFORMATION CONTACT: Craig H. Middlebrook, Acting Chief
Counsel, Saint Lawrence Seaway Development Corporation, 400 Seventh
Street, SW., Washington, DC 20590, (202) 366-0091.
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.
A Notice of Proposed Rulemaking was published on January 25, 2005 (70
FR 3495). In that notice, the SLSDC proposed changes that would update
the following sections of the Regulation and Rules: Condition of
Vessels; Preclearance and Security for Tolls; Seaway Navigation;
Dangerous Cargo; Toll Assessment and Payment; Information and Reports;
and General. Many of these changes are to clarify existing requirements
in the regulations. Where new requirements or regulations are being
adopted, an explanation for such a change is provided below. Interested
parties have been afforded an opportunity to comment. One comment was
received seeking clarification of two of the proposed amendments. No
comments in opposition were received.
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 https://dms.dot.gov.
The SLSDC is amending the joint regulations pertaining to the
Condition of Vessels. Among the proposed changes include new
requirements for certain types of vessels. For example, the SLSDC is
adding a new subsection to Sec. 401.3, ``Maximum vessel dimensions'',
to notify ships with a beam greater than 23.20 m that they may be
subject to transit restrictions and/or delays during periods of ice
cover. Larger beamed vessels often require special handling through the
locks under ice conditions and this amendment will adequately notify
such vessels that they may be subject to special restrictions or delays
as a result of these special precautions.
Under Sec. 401.4, ``Maximum length and weight'', the SLSDC is
adding language that would clarify that a transit would be through the
Seaway Locks. Also, under Sec. 401.6, ``Markings'', the SLSDC is
adding additional language that clarifies the type of marking needed
for vessels with a bulbous bow that extends forward beyond its stem
head.
The SLSDC is amending Sec. 401.7, ``Fenders'', to require that
permanent fenders be installed on vessels where any structural part of
a ship protrudes so as to endanger Seaway installations. From the
SLSDC's experience, permanent fenders provide greater protection than
portable fenders and this amendment would enhance the safety of lock
transits.
The SLSDC is also amending Sec. 401.7 to allow for a one-transit
use of a portable fender, pursuant to special approval. The SLSDC
recognizes that certain vessels may only need to transit the Seaway
once and that requiring them to install permanent fenders may be
burdensome. Also, the SLSDC is adding a new subsection to Sec. 401.7
that would allow ships of unusual design to use temporary or permanent
fenders not greater than 30 cm in thickness, subject to special
approval. Through this new subsection, the SLSDC recognizes that for
certain vessels that may need to transit the locks infrequently, or
only once, the requirement for permanent fenders may be burdensome.
Under Sec. 401.8, ``Landing Booms'', the SLSDC is adding a new
subsection that would require that a ship's crew shall be adequately
trained in the use of landing booms. For ships of more than 50 m in
overall length transiting the Seaway, they are to be equipped with
landing booms, and it is essential for safety that their crews be
trained in the proper use of this equipment. The SLSDC is also adding a
new subsection requiring vessels not equipped with landing booms to use
the Seaway's tie-up service. The SLSDC recognizes that some vessels may
not be equipped with landing booms and it provides this service for
such vessels. Requiring them to use this service will help ensure that
ships transit the Seaway safely.
The one comment we received regarding the changes to this section
sought clarification of the term ``adequately trained'' as it relates
to the use of landing booms. The commenter stated that clarifying this
term would allow it and other shipowners to understand the Seaway's
intent in implementing this requirement, which would assist them in
complying with the provision. In response to this comment, we note that
if a vessel is equipped with landing booms, the booms will be inspected
as part of the regular Seaway Inspection, just as any other piece of
deck equipment is subject to inspection. Shipowners are responsible for
ensuring that their crews
[[Page 12968]]
know how to use safely any piece of deck equipment, including landing
booms. Seaway inspectors may, under certain conditions, ask for a
demonstration in the proper use of the landing booms. The vessel's
Master will be asked by Seaway inspectors if the crew is competent in
the use of the landing booms.
The SLSDC is amending Sec. 401.9, ``Radiotelephone equipment'', to
clarify that VHF (very high frequency) transmission positions are
designated by channel numbers instead of by MHz (megahertz)
frequencies.
Under Sec. 401.10, ``Mooring lines'', the SLSDC is adding language
that provides greater specificity on the type of mooring lines already
required. Also, the SLSDC is adding a requirement that such lines be
certified and that a test certificate shall be available on board for
inspection for each mooring line. Moreover, the SLSDC is adding a new
subsection that would not permit the use of nylon lines. Mooring lines
are a vital equipment component used in the transit of vessels through
a lock. The SLSDC believes that adding these requirements will help
ensure the integrity and safety of these lines. In addition, the SLSDC
has updated the table under this section to note the necessary breaking
strengths for various mooring lines in terms of Metric Tons (M/T)
instead of kiloNewtons (kN). This change will simply adopt the
currently accepted unit of measurement for breaking strength.
The SLSDC is amending Sec. 401.11, ``Fairleads'', to require that
mooring lines and synthetic hawsers, where permitted, shall pass
through not more than three inboard rollers that are fixed in place and
equipped with horns to ensure that lines will not slip off when
slackened. The SLSDC believes such a change is necessary to increase
the safe handling of mooring lines.
Under Sec. 401.12, ``Minimum requirements--mooring lines and
fairleads'', the SLSDC is amending the mooring line and fairlead
requirements for various ship sizes. The first category of ship size
would be for vessels of 80 meters or less instead of 40 meters; the
next category would be for ships of more than 80 meters but not more
than 100 meters, instead of between 40 and 60 meters; the next category
would now be for vessels between 100 meters and 120 meters; and the
final category would be for ships of more than 120 meters in length.
For each of these categories, additional requirements are being added
that will increase the safe handling of vessels through the locks. The
table under this section is also amended to reflect theses changes.
The one comment we received concerning this section sought to
confirm that a mooring line arrangement that has already been approved
by the Seaway authorities under the previous requirements will be
acceptable to allow transit through the Seaway. After receiving the
comment, the SLSDC and the SLSMC have reviewed the matter, and we
conclude that mooring line arrangements previously approved would be
acceptable. All vessels that have not had their mooring line
arrangements previously approved by the Seaway authorities, however,
will be required to comply with the new requirements.
The SLSDC is amending Sec. 401.13, ``Hand lines'', by adding
language that requires that the ends of hand lines shall be back
spliced or tapered and not be weighted or have knotted ends. These
changes will greatly increase the likelihood that the Seaway's line
handlers will be able to work safely with a ship's hand lines and not
be injured in the process of tying up a vessel.
Under Sec. 401.14, ``Anchor marking buoys'', the SLSDC is amending
this section to give ship owners more flexibility in making their
anchor marking buoys highly visible. The current section requires that
anchor buoys must be orange.
For Sec. 401.16, ``Propeller direction alarms'', and Sec. 401.17,
``Pitch indicators and alarms'', the SLSDC is amending these sections
by also making them applicable to integrated tug and barge or
articulated tug and barge units of combined 1,600 gross registered tons
or more. This change reflects the reality that tug and barge units of
this size now use the Seaway with greater frequency. Requiring that
such units possess this equipment ensures their safe operation through
the Seaway.
Under Sec. 401.19, ``Disposal and discharge systems'', the SLSDC
is adding language that clarifies which pertinent laws and regulations
are Canadian and which are U.S. In addition, the SLSDC is adding a
requirement that would prohibit the burning of shipboard garbage in
certain areas of the Seaway.
The SLSDC is amending Sec. 401.20, ``Automatic Identification
System'', by adding a provision that would require that the Minimum
Keyboard Display (MKD) be located as close as possible to the primary
conning position as possible and be visible. The Seaway has been using
the Automatic Identification System as part of its Traffic Management
System since 2002, and based on this experience, it has been determined
that the MKD must be located close to the primary conning position and
be visible to be most effective in ensuring the safe navigation of the
vessel.
The SLSDC is amending the joint regulations regarding the
Preclearance and Security for Tolls. Among the amendments are changes
to Sec. 401.22, ``Preclearance of vessels'', that would change the
minimum size of a pleasure craft not needing to apply for Preclearance
from 317.5 tonnes to 300 gross registered tonnes (GRT) and would change
the minimum size from 317.5 tonnes to 300 gross registered tonnage
under which a non-commercial ship cannot apply for Preclearance and
must transit as a pleasure craft. These slight increases in the minimum
ship size are needed to bring these criteria in line with Great Lakes
Pilotage Authority requirements (300 GRT).
Under Sec. 401.24, ``Application for Preclearance'', the SLSDC is
amending the section by allowing ship representatives to obtain an
application directly from the SLSDC and SLSMC joint Web site
(www.greatlakes-seaway.com). Allowing users to download the
Preclearance applications will make it easier for Seaway users to
obtain these documents.
Under the SLSDC's regulations pertaining to Seaway Navigation, the
SLSDC is making several amendments. For example, under Sec. 401.30,
``Ballast water and trim'', the SLSDC is adding a requirement that no
ship shall be accepted for transit whose trim by the stern exceeds 45.7
dm (decimeters), except under certain circumstances. This would limit
the length of a vessel permitted to transit the Seaway in terms of its
trim by the stern. The upper limit permitted would be 45.7 dm, beyond
which a ship's trim could potentially interfere with the proper
functioning of the lock. This specificity regarding trim has been added
to the regulations to provide greater clarity to users to facilitate
their planned transit through the Seaway. The change still allows for
vessels exceeding this limit to transit under exceptional
circumstances.
Under Sec. 401.34, ``Vessels in tow'', language is being added
that would make it clear that non-self-propelled vessels, i.e. vessels
in tow, are required to be securely tied to an adequate tug or tugs.
The number of non-self-propelled vessels, such as those used in
integrated tug/barges, transiting the Seaway is increasing. This change
to the existing language of Sec. 401.34 ensures that such vessels are
safely secured to their power units and thereby enhance overall Seaway
safety.
To enhance the safety of the navigation of vessels in certain areas
of
[[Page 12969]]
the Seaway, a requirement is being added to Sec. 401.35, ``Navigation
underway'', to have a helmsman present in the wheelhouse of the ship in
addition to either the master or certified deck officer. Having two
qualified personnel in the wheelhouse will enhance the ability of the
vessel to transit without incident in those areas of the Seaway where
navigation is more difficult.
Under Sec. 401.37 ``Mooring at tie-up walls'', the proposal would
delete the requirement that only Canadian or U.S. Coast Guard approved
life jackets are permissible. This requirement is being deleted because
not only these two countries have approval requirements for their
lifejackets.
Under Sec. 401.39, ``Preparing mooring lines for passing
through'', new language will state that winches must be capable of
paying out at a minimum speed of 46 m (meters) per minute. The current
language allows for winches paying out at a lower rate to be used as
long as sufficient lengths of mooring lines are drawn off the winch
drums and laid out on the deck. Such a procedure is no longer deemed
optimally safe and requiring all winches to have this minimum pay out
speed will maximize ship and line handling safety.
Sec. 401.42, ``Passing hand lines'', paragraph (b), which
prohibits the use of knotted or weighted hand lines in a lock chamber,
is deleted. Listing this prohibition here is redundant, as it would now
be listed earlier in Sec. 401.13(c).
To aid those leaving or boarding a vessel, a requirement under
Sec. 401.57, ``Disembarking or boarding'', is being added that would
require a member of the crew to assist persons disembarking or boarding
vessels. Having a crew member assist in such instances greatly reduces
the risk of injury.
Under Sec. 401.58, ``Pleasure craft scheduling'', an additional
requirement is being added that requires every pleasure craft planning
to transit to arrange for the transit by contacting the lock personnel
using the direct-line phone at a pleasure craft dock and to make the
lockage fee payment by purchasing a ticket using the automated ticket
dispensers located at pleasure craft docks. This new requirement will
aid in the scheduling of pleasure craft transits and simplify the
collection of fees.
The SLSDC is making several amendments to the joint regulations
pertaining to Dangerous Cargo. Among these is a change to Sec. 401.68,
``Explosives permit'', to require a permit for all ships carrying any
quantity of explosives with a mass explosive risk, up to a maximum of 2
tonnes, under IMO Class 1, Division 1.1 and 1.5.
Under Sec. 401.72, ``Reporting--explosive and hazardous cargo
vessels'', additional reporting requirements for ships carrying grain
have been added. Specifically, every ship carrying grain that is under
fumigation must now declare to the nearest traffic control center the
nature of the fumigant as well as which cargo holds are affected. Also,
all ships carrying grain under fumigation would be required to file
with the SLSMC, prior to transiting, a copy of its current load plan.
These changes will increase the ability of the Seaway to transit ships
carrying grain safely.
Also Sec. 401.72 now requires that the load plan should include
the approximate total weight in metric tonnes or total volume in cubic
meters. This added information will help ensure that the correct
information is provided.
An additional requirement being added to Sec. 401.72 requires
tankers in ballast to report the previous cargo of each cargo hold on a
model of the current load plan for loaded vessels. Such information
will assist the Seaway in ensuring the safe transit of such vessels
through the waterway. Moreover, a midships cross-section showing the
double bottom tanks and ballast side tanks for tankers is now required.
Under Sec. 401.72, the Seaway will now distribute a ship's load
plan to all other Seaway Traffic Control Centers, and if any changes in
stowage are made to the plan, including loading and discharging during
a transit, the ship must submit an updated plan before departing from
any port in the Seaway. Having current information of this type and
ensuring that it is disseminated to all Vessel Traffic Control Centers
will enhance the Seaway's ability to handle such ships safely in all
sectors of the waterway.
Finally under Sec. 401.72, a new subsection would put users on
notice that failure to comply with these requirements may result in
unnecessary delays or transit refusal.
Under the SLSDC's regulations pertaining to Toll Assessment and
Payment, the SLSDC is making several amendments. For example, under
Sec. 401.74, ``Transit declaration'', the Seaway Transit Declaration
Form is now available only through the SLSMC's Cornwall office, and not
the SLSDC's Massena office. The SLSMC is already the entity that
receives these forms, and thus limiting the source of this form to the
SLSMC's location in Cornwall will facilitate the Seaway's ability to
keep these forms current and to collect them efficiently.
In Sec. 401.75, ``Payment of tolls'', additional language would
require pleasure craft to transit each Canadian lock with prepaid
tickets purchased in Canadian funds using automated credit card ticket
dispensers located at pleasure craft docks. The use of these new
dispensers will aid in the efficient transiting of pleasure craft by
eliminating the need to collect fees in hard currency. At U.S. locks,
the fee is paid in U.S. funds or the pre-established equivalent in
Canadian funds.
The SLSDC is making several amendments to the joint regulations
pertaining to Information and Reports. This includes a change to Sec.
401.79, ``Advance notice of arrival, vessels requiring inspection'',
that increases the requirement for advance notice of arrival from 24
hours prior to all transits to 96 hours. This change is needed to
comply with recent changes to the Canadian and U.S. laws requiring such
notice.
A change to Sec. 401.81, ``Reporting an accident'', would add
language that all ships involved in an accident or a dangerous
occurrence, must report the incident prior to departing the Seaway
system. This language should remove any ambiguity about when such
reporting is required.
Under the SLSDC's regulations pertaining to General matters, the
SLSDC is making several amendments. Under Sec. 401.93, ``Access to
Seaway property'', the reference to ``Shore Traffic Regulations'' is
replaced with ``Seaway Property Regulations'' to reflect the correct
name of the document.
In Sec. 401.94, ``Keeping copies of regulations'', an additional
requirement is being added that would require ships transiting the
Seaway to store permanently a duplicate set of the ship's Fire Control
Plans in a prominently marked and weather-tight enclosure outside the
deckhouse. Storing this document in this way will assist emergency
response personnel who may be called on board to respond to a fire.
Under Sec. 401.95, ``Compliance with regulations'', an additional
requirement has been added that would require the master or owner of a
ship to ensure that all requirements of the Joint Practices and
Procedures as well as Seaway Notices applicable to that ship are
complied with. Adding Seaway Notices clarifies the responsibilities of
the master and ship owner.
Regulatory Evaluation
This regulation involves a foreign affairs function of the United
States and
[[Page 12970]]
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 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 reg.)
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 it 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.
List of Subjects in 33 CFR Part 401
Hazardous materials transportation, Navigation (water), Penalties,
Radio, Reporting and recordkeeping requirements, Vessels, Waterways.
0
Accordingly, the Saint Lawrence Seaway Development Corporation is
amending 33 CFR part 401, Seaway 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. 401.3, a new paragraph (f) is added to read as follows:
Sec. 401.3 Maximum vessel dimensions.
* * * * *
(f) Vessels with beams greater than 23.20 m may be subject to
transit restrictions and/or delays during periods of ice cover.
* * * * *
0
3. Section 401.4 is revised to read as follows:
Sec. 401.4 Maximum length and weight.
No vessel of less than 6 m in overall length or 900 kg in weight
shall transit through Seaway Locks.
0
4. In Sec. 401.6, paragraph (c) is revised to read as follows:
Sec. 401.6 Markings.
* * * * *
(c) Where a vessel's bulbous bow extends forward beyond her stem
head, a symbol of a bulbous bow shall be marked above the vessel's
summer load line draught mark in addition to a + symbol followed by a
number indicating the total length in meters by which the bulbous bow
projects beyond the stem.
* * * * *
0
5. In Sec. 401.7, paragraphs (a) introductory text and (a)(2)
introductory text are revised, and paragraphs (b) and (c) are added to
read as follows:
Sec. 401.7 Fenders.
(a) Where any structural part of a vessel protrudes so as to
endanger Seaway installations, the vessel shall be equipped with
permanent fenders--
* * * * *
(2) On special application, portable fenders, other than rope
hawsers, may be allowed for a single transit if the portable fenders
are--
* * * * *
(b) Tires shall not be used as fenders.
(c) On special application, ships of unusual design may be
permitted to utilize temporary or permanent fenders not greater than 30
cm in thickness.
0
6. Section 401.8 is revised to read as follows:
Sec. 401.8 Landing booms.
(a) Vessels of more than 50 m in overall length shall be equipped
with at least one adequate landing boom on each side.
(b) Vessels' crews shall be adequately trained in the use of
landing booms.
(c) Vessels not equipped with landing booms must use the Seaway's
tie-up service at approach walls.
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7. In Sec. 401.9, paragraph (b)(2) is revised to read as follows:
Sec. 401.9 Radiotelephone Equipment.
* * * * *
(b) * * *
(2) Be fitted to operate from the conning position in the
wheelhouse and to communicate on channels 11, 12, 13, 14, 17 and 66a.
* * * * *
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8. In Sec. 401.10, paragraph (a)(3) and the table at the end of the
section are revised, and paragraphs (a)(6) and (d) are added to read as
follows:
Sec. 401.10 Mooring lines.
* * * * *
(a) * * *
(3) Be fitted with a hand spliced eye or Flemish type mechanical
spliced eye not less than 2.4 m long;
* * * * *
(6) Be certified and a test certificate for each mooring line shall
be available on board for inspection.
* * * * *
(d) Notwithstanding paragraphs (a) through (c) of this section,
nylon line is not permitted.
Table
------------------------------------------------------------------------
Length of
Overall length of vessels mooring lines Breaking
(m) strength (M/T)
------------------------------------------------------------------------
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 180 110 28
m....................................
More than 180 m but not more than 110 35
222.5 m..............................
------------------------------------------------------------------------
[[Page 12971]]
* * * * *
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9. In Sec. 401.11, the introductory text and paragraph (b) are revised
to read as follows:
Sec. 401.11 Fairleads.
Mooring lines, and synthetic hawsers where permitted, shall:
* * * * *
(b) Pass through not more than three inboard rollers that are fixed
in place and equipped with horns to ensure that leins will not slip off
when slackened and provided with free-running sheaves or rollers; and
* * * * *
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10. In Sec. 401.12, paragraphs (a)(1), (a)(2), (a)(3), (a)(4)
introductory text, (a)(4)(i), (b), and the table at the end of the
section are revised to read as follows:
Sec. 401.12 Minimum requirements--mooring lines and fairleads.
(a) * * *
(1) Vessels of 80 m or less in overall length shall have at least
three synthetic hawsers, two of which shall be independently power
operated and one of which shall be hand held:
(i) One synthetic hawser shall lead forward from the break of the
bow and one synthetic hawser 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 shall be hand held and lead astern from
the break of the bow through closed chocks to suitable mooring bitts on
deck.
(2) Vessels of more than 80 m but not more than 100 m in overall
length shall have four synthetic hawsers, of which three shall be
independently power operated by winches, capstans or windlasses and one
being hand held. All lines shall be led through closed chocks or
fairleads acceptable to the Manager and the Corporation, of which three
mooring lines:
(i) One shall lead forward and one shall lead astern from the break
of the bow and one lead astern from the quarter and all three lines
shall be independently power operated; and
(ii) One shall lead forward from the quarter and be hand held;
(3) Vessels of more than 100 m but not more than 120 m in overall
length shall have four mooring lines or synthetic hawsers independently
power operated by winches, capstan or windlasses as follows:
(i) One mooring line shall lead forward and one mooring line shall
lead astern from the break of the bow and shall be independently power
operated by the main drums of adequate power operated winches, and
(ii) One synthetic hawser shall lead forward and one synthetic
hawser shall lead astern from the quarter and shall be independently
power operated by either winches, capstan or windlasses;
(4) Vessels of more than 120 m in overall length shall have four
mooring lines, two of which shall lead from the break of the bow and
two of which shall lead from the quarter, and;
(i) All shall be independently power operated by the main drums of
adequate power operated winches and not by capstans or windlasses; and
* * * * *
(b) The following table sets out the requirements for the location
of fairleads for ships of 80 m or more in overall length:
Table
----------------------------------------------------------------------------------------------------------------
For mooring lines Nos. 1
Overall length of ships and 2 For mooring lines Nos. 3 and 4
----------------------------------------------------------------------------------------------------------------
80 m or more but not more than 120 Between 12 m & 30 m from Between 15 m & 35 from the stern.
m. the stem.
More than 120 m but not more than Between 12 m & 35 m from Between 15 m & 40 from the stern.
150 m. the stem.
More than 150 m but not more than Between 15 m & 40 m from Between 20 m & 45 from the stern.
180 m. the stem.
More than 180 m but not more than Between 20 m & 50 m from Between 20 m & 50 from the stern.
222.5 m. the stem.
----------------------------------------------------------------------------------------------------------------
* * * * *
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11. Section 401.13 is revised to read as follows:
Sec. 401.13 Hand lines.
Hand lines shall:
(a) Be made of material acceptable to the Manager and the
Corporation;
(b) Be of uniform thickness and have a diameter of not less than 15
mm and not more than 17 mm and a minimum length of 30 m. The ends of
the lines shall be back spliced or tapered; and
(c) Not be weighted or have knotted ends.
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12. Section 401.14 is revised to read as follows:
Sec. 401.14 Anchor marking buoys.
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.
0
13. In Sec. 401.16, the introductory text is revised to read as
follows:
Sec. 401.16 Propeller direction alarms.
Every vessel of 1600 gross registered tons or integrated tug and
barge or articulated tug and barge unit of combined 1600 gross
registered tons or more shall be equipped with--
* * * * *
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14. In Sec. 401.17, the introductory text is revised to read as
follows:
Sec. 401.17 Pitch indicators and alarms.
Every vessel of 1600 gross registered tons or integrated tug and
barge or articulated tug and barge unit of combined 1600 gross
registered tons or more equipped with a variable pitch propeller shall
be equipped with--
* * * * *
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15. In Sec. 401.19, paragraphs (a) and (b)(2) are revised, and
paragraph (d) is added to read as follows:
Sec. 401.19 Disposal and discharge systems.
(a) Every vessel not equipped with containers for ordure shall be
equipped with a sewage disposal system enabling compliance with the
Canadian Garbage Pollution Prevention Regulations, the Canadian Great
Lakes Sewage Pollution Prevention Regulations, the U.S. Clean Water
Act, and the U.S. River and Harbor Act, and amendments thereto.
(b) * * *
(2) Retained on board in covered, leak-proof containers, until such
time as it can be disposed of in accordance with the provisions of the
Canadian Garbage Pollution Prevention Regulations, the Canadian Great
Lakes Sewage Pollution Prevention Regulations, the U.S. Clean Water
Act, and the U.S. River and Harbor Act, and amendments thereto.
* * * * *
(d) Burning of shipboard garbage is prohibited between CIP 2 &
Cardinal and between CIP 15 and CIP 16.
* * * * *
[[Page 12972]]
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16. In Sec. 401.20, paragraphs (b)(5), (b)(6), and (b)(7) are
redesignated as paragraphs (b)(6), (b)(7), and (b)(8), and a new
paragraph (b)(5) is added to read as follows:
Sec. 401.20 Automatic Identification System.
* * * * *
(b) * * *
(5) The Minimum Keyboard Display (MKD) shall be located as close as
possible to the primary conning position and be visible;
* * * * *
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17. In Sec. 401.22, paragraphs (a) and (c) are revised to read as
follows:
Sec. 401.22 Preclearance of vessels.
(a) No vessel, other than a pleasure craft 300 gross registered
tonnage or less, shall transit until an application for preclearance
has been made, pursuant to Sec. 401.24, to the Manager by the vessel's
representative and the application has been approved by the Corporation
or the Manager pursuant to Sec. 401.25.
* * * * *
(c) A non-commercial vessel of 300 gross registered tonnage or less
cannot apply for preclearance status and must transit as a pleasure
craft.
* * * * *
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18. Section 401.24 is revised to read as follows:
Sec. 401.24 Application for preclearance.
The representative of a vessel may, on a preclearance form (3
copies) obtained from the Manager, Cornwall, Ontario, or downloaded
from the St. Lawrence Seaway Web site (https://www.greatlakes-
seaway.com), apply for preclearance, giving particulars of the
ownership, liability insurance and physical characteristics of the
vessel and guaranteeing payment of the fees that may be incurred by the
vessel.
0
19. In Sec. 401.30, paragraphs (c) and (d) are redesignated as
paragraphs (d) and (e), newly designated paragraph (e) introductory
text and (e)(2) are revised, and a new paragraph (c) is added to read
as follows:
Sec. 401.30 Ballast water and trim.
* * * * *
(c) No vessel, other than under exceptional circumstances and with
special permission, shall be accepted for transit whose trim by the
stern exceeds 45.7 dm.
* * * * *
(e) To obtain clearance to transit the Seaway:
* * * * *
(2) Every other vessel entering the Seaway that operates within the
Great Lakes and the Seaway must agree to comply with the ``Voluntary
Management Practices to Reduce the Transfer of Aquatic Nuisance Species
Within the Great Lakes by U.S. and Canadian Domestic Shipping'' of the
Lake Carriers Association and Canadian Shipowners Association dated
January 26, 2001, while operating anywhere within the Great Lakes and
the Seaway. A copy of the ``Code of the Best Practices for Ballast
Water Management'' and of the ``Voluntary Management Practices to
Reduce the Transfer of Aquatic Nuisance Species Within the Great Lakes
by U.S. and Canadian Domestic Shipping'' can be found under
``Navigation'', Notice 6, 2002, on www.greatlakes-seaway.com.
0
20. Section 401.34 is revised to read as follows:
Sec. 401.34 Vessels in tow.
No vessel that is not self-propelled (including but not limited to
tug/tows and/or deadship/tows) shall be underway in any Seaway waters
unless it is securely tied to an adequate tug or tugs, in accordance
with special instructions given by the Manager or the Corporation
pursuant to Sec. 401.33.
0
21. In Sec. 401.35, paragraph (c) is revised to read as follows:
Sec. 401.35 Navigation underway.
* * * * *
(c) Man the wheelhouse of the vessel at all times by either the
master or certified deck officer, and a helmsman, and;
* * * * *
0
22. In Sec. 401.37, paragraph (b) is revised to read 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 life jackets.
* * * * *
0
23. In Sec. 401.39, the introductory text and paragraph (a) are
revised to read as follows:
Sec. 401.39 Preparing mooring lines for passing through.
Before a vessel enters a lock:
(a) Winches shall be capable of paying out at a minimum speed of 46
m per minute; and
* * * * *
0
24. In Sec. 401.42, paragraph (a)(4) is revised, paragraph (b) is
removed, and paragraph (c) is redesignated as paragraph (b) to read as
follows:
Sec. 401.42 Passing hand lines.
(a) * * *
(4) Upbound vessels of overall length in excess of 218 m in Locks 4
and 5, Welland Canal, shall secure the hand lien to the eye of the No.
1 mooring wire by means of a bowline.
* * * * *
0
25. Section 401.57 is amended by adding a new paragraph (c) to read as
follows:
Sec. 401.57 Disembarking or boarding.
* * * * *
(c) Persons disembarking or boarding shall be assisted by a member
of the vessel's crew.
0
26. Section 401.58 is revised to read as follows:
Sec. 401.58 Pleasure craft scheduling.
(a) The transit of pleasure craft shall be scheduled by the vessel
traffic controller or the officer in charge of a lock and may be
delayed so as to avoid interference with other vessels; and
(b) Every pleasure craft seeking to transit shall stop at a
pleasure craft dock and arrange for transit by contacting the lock
personnel using the direct-line phone and make the lockage fee payment
by purchasing a ticket using the automated ticket dispensers.
0
27. In Sec. 401.68, paragraphs (a)(1) and (a)(4) are revised to read
as follows:
Sec. 401.68 Explosives permit.
(a) * * *
(1) For all vessels carrying any quantity of explosives with a mass
explosive risk, up to a maximum of 2 tonnes (IMO Class 1, Division 1.1
and 1.5);
* * * * *
(4) For all vessels carrying more than 100 tonnes and up to a
maximum of 500 tonnes of safety explosives and shop goods (IMO Class 1,
Divisions 1.4).
* * * * *
0
28. In Sec. 401.72, paragraphs (a), (e) introductory text, (e)(2),
(f), and (h) are revised, and paragraphs (e)(6) and (i) are added to
read as follows:
Sec. 401.72 Reporting--explosive and hazardous cargo vessels.
(a) Every explosive vessel or hazardous cargo vessel shall, when
reporting information related to cargo as required by Sec. 401.64(a),
report the nature and tonnage of its explosive or hazardous cargo where
applicable. Every vessel carrying grain which is under fumigation shall
declare to the nearest traffic control center the nature of the
fumigant, its properties and cargo holds affected.
* * * * *
(e) Every vessel carrying dangerous cargo, as defined in Sec.
401.66, and all
[[Page 12973]]
tankers carrying liquid cargo in bulk, and all vessels carrying grain
under fumigation shall, prior to transiting any part of the Seaway,
file with the Manager a copy of the current load plan that includes the
following information:
* * * * *
(2) The approximate total weight in metric tonnes or total volume
in cubic meters and the stowage location of each commodity;
* * * * *
(6) Tankers in ballast shall report the previous cargo of each
cargo hold on a plan as described in this paragraph (e).
(f) For tankers, the information required under this section shall
be detailed on a plan showing the general layout of the tanks, and a
midships cross-section showing the double bottom tanks and ballast side
tanks.
* * * * *
(h) Every vessel shall submit its load plan to the nearest Seaway
Traffic Control Center from which it will be distributed to all other
Seaway Traffic Control Centers. Any changes in stowage, including
loading and discharging during a transit, the ship shall submit an
updated plan before departing from any port between St. Lambert and
Long Point.
(i) Failure to comply with the requirements in this section may
result in unnecessary delays or transit refusal.
0
29. In Sec. 401.74, paragraph (a) is revised to read as follows:
Sec. 401.74 Transit declaration.
(a) A Seaway Transit Declaration Form (Cargo and Passenger) shall
be forwarded to the Manager by the representative of a ship, for each
ship that has an approved preclearance except non-cargo ships, within
fourteen days after the vessel enters the Seaway on any upbound or
downbound transit. The form may be obtained from The St. Lawrence
Seaway Management Corporation, 202 Pitt Street, Cornwall, Ontario, K6J
3P7.
* * * * *
0
30. In Sec. 401.75, paragraph (b) is revised to read as follows:
Sec. 401.75 Payment of tolls.
* * * * *
(b) Tolls, established by agreement between Canada and the United
States, and known as the St. Lawrence Seaway Schedule of Tolls, shall
be paid by pleasure crafts with prepaid tickets purchased in Canadian
funds using credit card ticket dispensers located at pleasure craft
docks. At U.S. locks, the fee is paid in U.S. funds or the pre-
established equivalent in Canadian funds.
0
31. Section 401.79 is revised to read as follows:
Sec. 401.79 Advance notice of arrival, vessels requiring inspection.
Every vessel shall provide at least 96 hours notice of arrival to
the nearest Seaway station prior to all transits or in case
reinspection of the ship is required.
0
32. In Sec. 401.81, paragraph (a) is revised to read as follows:
Sec. 401.81 Reporting an accident.
(a) Where a vessel on the Seaway is involved in an accident or a
dangerous occurrence, the master of the vessel shall report the
accident or occurrence, pursuant to the requirements of the
Transportation Safety Board Regulations, to the nearest Seaway or
Canadian or U.S. Coast Guard radio or traffic stations, as soon as
possible and prior to departing the Seaway system.
* * * * *
0
33. In Sec. 401.93, paragraph (b) is revised to read as follows:
Sec. 401.93 Access to Seaway property.
* * * * *
(b) Except as authorized by an officer or by the Seaway Property
Regulations or its successors, no person shall enter upon any land or
structure of the Manager or the Corporation or swim in any Seaway canal
or lock area.
0
34. Section 401.94 is revised 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 latest Ship Inspection Report, and Seaway Notices for the
current navigation year shall be kept on board every vessel in transit.
(b) Onboard every vessel transiting the Seaway a duplicated set of
the Ship'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.
0
35. Section 401.95 is revised to read as follows:
Sec. 401.95 Compliance with regulations.
The master or owner of a vessel shall ensure that all requirements
of these Regulations and Seaway Notices applicable to that vessel are
complied with.
Issued at Washington, DC on March 11, 2005.
Saint Lawrence Seaway Development Corporation.
Albert S. Jacquez,
Administrator.
[FR Doc. 05-5268 Filed 3-16-05; 8:45 am]
BILLING CODE 4910-61-P
