Seaway Regulations and Rules: Periodic Update, Various Categories, 75769-75771 [05-24235]
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<![CDATA[
Federal Register / Vol. 70, No. 244 / Wednesday, December 21, 2005 / Proposed Rules
the Instruction, from further
environmental documentation. Under
figure 2–1, paragraph (32)(e) of the
Instruction, an ‘‘Environmental Analysis
Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are not
required for this proposed rule.
DEPARTMENT OF TRANSPORTATION
List of Subjects in 33 CFR Part 117
RIN 2135–AA22
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for Part 117
continues to read as follows:
Authority: 33 U.S.C. 499; Department of
Homeland Security Delegation No. 0170.1; 33
CFR 1.05–1(g); section 117.255 also issued
under the authority of Pub. L. 102–587, 106
Stat. 5039.
2. In Sec. 117.287 revise para (b–1)
and (c) to read as follows:
Gulf Intracoastal Waterway.
*
*
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*
(b–1) The draw of the Stickney Point
(SR 72) bridge, mile 68.6 at Sarasota
County shall open on the hour and halfhour, from 6 a.m. to 10 p.m., Monday
through Friday, except Federal holidays.
(c) The draw of the Siesta Drive
bridge, mile 71.6 at Sarasota, Florida
shall open on signal, except that from 7
a.m. to 6 p.m., Monday through Friday,
except Federal holidays, the draw need
open only on the hour, 20 minutes past
the hour, and 40 minutes past the hour.
On weekends and Federal holidays,
from 11 a.m. to 6 p.m., the draw need
open only on the hour, 20 minutes past
the hour and 40 minutes past the hour.
*
*
*
*
*
Dated: December 13, 2005.
D.B. Peterman,
RADM, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. E5–7631 Filed 12–20–05; 8:45 am]
rmajette on PROD1PC67 with PROPOSALS
BILLING CODE 4910–15–P
VerDate Aug<31>2005
33 CFR Part 401
[Docket No. SLSDC 2005–23248]
Seaway Regulations and Rules:
Periodic Update, Various Categories
Regulations
§ 117.287
Saint Lawrence Seaway Development
Corporation
14:51 Dec 20, 2005
Jkt 208001
Saint Lawrence Seaway
Development Corporation, DOT.
ACTION: Notice of proposed rulemaking.
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
proposed changes will update the
following sections of the Regulation and
Rules: Condition of Vessels;
Preclearance and Security for Tolls;
Seaway Navigation; Toll Assessment
and Payment; and Information and
Reports. These proposed amendments
are necessary to take account of updated
procedures and/or technology 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 January 20, 2006.
ADDRESSES: You may submit comments
[identified by DOT DMS Docket Number
SLSDC 2005–23248] by any of the
following methods:
• Web site: https://dms.dot.gov.
Follow the instructions for submitting
comments on the DOT electronic docket
site.
• Fax: 1–202–493–2251.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
001.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal
Holidays.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
75769
online instructions for submitting
comments.
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 to https://
dms.dot.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 https://
dms.dot.gov at any time or to Room PL–
401 on the plaza level of the Nassif
Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal Holidays.
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.
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;
Preclearance and Security for Tolls;
Seaway Navigation; Toll Assessment
and Payment; and Information and
Reports. These updates are necessary to
take account of updated procedures
and/or technology, which will enhance
the safety of transits through the
Seaway. Many of these proposed
changes are to clarify existing
requirements in the regulations. Where
new requirements or regulations are
being proposed, an explanation for such
a change is provided below.
Regulatory Notices
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
E:\FR\FM\21DEP1.SGM
21DEP1
rmajette on PROD1PC67 with PROPOSALS
75770
Federal Register / Vol. 70, No. 244 / Wednesday, December 21, 2005 / Proposed Rules
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78) or you
may visit https://dms.dot.gov.
The SLSDC is proposing two
amendments to the joint regulations
pertaining to the Condition of Vessels.
Under sections 401.16, ‘‘Propeller
Direction Alarms’’, and 401.17, ‘‘Pitch
Indicators and Alarms’’, the SLSDC is
proposing additional language that
would require visible and audible
alarms to have a time delay of not
greater than 8 seconds. In confined
waters of the Seaway or while entering
a lock it is important for the master/
pilot to know immediately when an
incorrect command is received in order
to take appropriate corrective action.
Currently some vessels have alarms
with a 30 second delay in which time,
the vessel could be outside the shipping
channel or have already hit the lock
bumpers.
The SLSDC is proposing to make two
amendments to the joint regulations
regarding the Preclearance and Security
for Tolls. Under § 401.24, ‘‘Application
for Preclearance’’, the SLSDC is
proposing to revise the location from
which a vessel can obtain a preclearance
form from Cornwall, Ontario to St.
Lambert, Quebec. This proposed change
reflects the fact that preclearance
applications are now being processed at
St. Lambert, Quebec instead of at
Cornwall, Ontario.
For § 401.26, ‘‘Security for Tolls’’, the
SLSDC is proposing to add language
that would allow the SLSMC manager to
include charges for additional items as
tie-up fees in the security for tolls.
The SLSDC is proposing to make one
change to the joint regulations regarding
Seaway Navigation. The proposed
amendment to § 401.30, ‘‘Ballast Water
and Trim’’, would reflect a change to the
SLSDC/SLSMC joint website making it
easier for Seaway users to obtain ballast
water management documents. Shippers
have expressed frustration regarding
their difficulties in locating these
documents on the website. The Seaway
Corporations have inserted a direct link
on the Seaway website homepage to the
relevant documents.
The SLSDC is proposing to make two
changes to the joint regulations
regarding Toll Assessment and
Payment. Under § 401.74, ‘‘Transit
Declaration’’, the SLSDC is proposing to
clarify that Seaway Transit Declaration
Forms can be obtained from the Seaway
website or the SLSMC in St. Lambert,
Quebec. This function was previously
performed at Cornwall, Ontario.
Additionally, the proposed
amendment would remove references to
specific form numbers that are no longer
relevant.
VerDate Aug<31>2005
14:51 Dec 20, 2005
Jkt 208001
The SLSDC is proposing to make one
amendment to the joint regulations
regarding Information and Reports.
Under § 401.81, the SLSDC is proposing
to require the master of a vessel
involved in an accident or dangerous
occurrence to notify the nearest Seaway
and Canadian or U.S. Coast Guard. This
proposed amendment is intended to
clarify that the U.S. Coast Guard is the
U.S. federal entity responsible for
responding to vessel incidents and
needs to be notified immediately when
there is an accident or dangerous
occurrence.
Reduction Act of 1995 and does not
contain new or modified information
collection requirements subject to the
Office of Management and Budget
review.
Regulatory Evaluation
PART 401—SEAWAY REGULATIONS
AND RULES
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
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
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:
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 § 401.16 paragraph (b) would be
revised to read as follows:
§ 401.16
Propeller direction alarms.
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(b) Visible and audible wrong-way
propeller direction alarms, with a time
delay of not greater than 8 seconds,
located in the wheelhouse and the
engineer room, unless the vessel is fitted
with a device which renders it
impossible to operate engines against
orders from the bridge telegraph.
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*
3. In § 401.17 paragraph (b) would be
revised to read as follows:
§ 401.17
Pitch indicators and alarms.
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(b) Effective April 1, 1984, visible and
audible pitch alarms, with a time delay
of not greater than 8 seconds, in the
wheelhouse and engine room to indicate
wrong pitch.
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*
4. Section 401.24 would be 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, St. Lambert, Quebec,
or downloaded from the St. Lawrence
Seaway Web site at
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.
5. In § 401.26 paragraph (b) would be
revised to read as follows:
E:\FR\FM\21DEP1.SGM
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Federal Register / Vol. 70, No. 244 / Wednesday, December 21, 2005 / Proposed Rules
§ 401.26
Security for Tolls.
§ 401.81
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(b) The security for the tolls of a
vessel shall be sufficient to cover the
tolls established in the St. Lawrence
Seaway Tariff of Tolls for the gross
registered tonnage of the vessel, cargo
carried, and lockage tolls as well as
security for any other charges estimated
by the Manager.
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6. In § 401.30 paragraph (e) (2) would
be revised to read as follows:
§ 401.30
Ballast water and trim.
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(e) * * *
(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.
For copies of the ‘‘Code of 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’’ refer to the St. Lawrence
Seaway Web site at https://
www.greatlakes-seaway.com.
7. In § 401.74 paragraphs (a) and (g)
are revised to read as follows:
rmajette on PROD1PC67 with PROPOSALS
§ 401.74
Transit declaration.
(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, 151 Ecluse Street, St.
Lambert, Quebec, J4R 2V6 or from the
St. Lawrence Seaway Web site at https://
www.greatlakes-seaway.com.
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(g) Where government aid cargo is
declared, appropriate Canadian or U.S.
customs form or a stamped and signed
certification letter from the U.S. or
Canada Customs must accompany the
transit declaration form.
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*
8. In § 401.81 paragraph (a) is revised
to read as follows:
VerDate Aug<31>2005
14:51 Dec 20, 2005
Jkt 208001
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 and
Canadian or U.S. Coast Guard radio or
traffic stations, as soon as possible and
prior to departing the Seaway system.
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Issued at Washington, DC, on December 13,
2005
Saint Lawrence Seaway Development
Corporation.
Albert S. Jacquez,
Administrator.
[FR Doc. 05–24235 Filed 12–20–05; 8:45 am]
BILLING CODE 4910–61–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 122 and 412
[EPA–HQ–OW–2005–0036; FRL–8011–7]
RIN 2040–AE80
Revised Compliance Dates for National
Pollutant Discharge Elimination
System Permit Regulation and Effluent
Limitation Guidelines for Concentrated
Animal Feeding Operations
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA proposes to extend
certain compliance dates in the National
Pollutant Discharge Elimination System
(NPDES) permitting requirements (40
CFR part 122) and Effluent Limitations
Guidelines and Standards (ELGs) (40
CFR part 412) for concentrated animal
feeding operations (CAFOs) in
conjunction with EPA’s efforts to
respond to the order issued by the
Second Circuit Court of Appeals in
Waterkeeper Alliance et al. v. EPA, 399
F.3d 486 (2nd Cir. 2005). The purpose
of today’s proposed rule is to address
timing issues associated with the
Agency’s response to the Waterkeeper
decision.
This proposal would revise dates
established in the 2003 CAFO rule,
issued on February 12, 2003, by which
facilities newly defined as CAFOs were
required to seek permit coverage and by
which all CAFOs were required to have
nutrient management plans (NMPs)
developed and implemented. EPA is
proposing to extend the date by which
operations defined as CAFOs as of April
14, 2003, who were not defined as
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75771
CAFOs prior to that date, must seek
NPDES permit coverage, from February
13, 2006, to March 30, 2007. EPA is also
proposing to amend the date by which
operations that become defined as
CAFOs after April 14, 2003, due to
operational changes that would not have
made them a CAFO prior to April 14,
2003, and that are not new sources,
must seek NPDES permit coverage, from
April 13, 2006, to March 30, 2007.
Finally, EPA is proposing to extend the
deadline by which CAFOs are required
to develop and implement NMPs, from
December 31, 2006, to March 30, 2007.
This proposal would revise all
references to the date by which NMPs
must be developed and implemented
currently in the 2003 CAFO rule.
EPA will also be issuing a proposed
rule to revise the 2003 CAFO
regulations more broadly in order to
address the Second Circuit Court of
Appeals decision in a subsequent
Federal Register Notice, which the
Agency plans to propose for public
comment in early 2006.
DATES: Comments on this proposed
action must be received on or before
January 20, 2006.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OW–2005–0036 by one of the following
methods:
(1) https://www.regulations.gov:
Follow the on-line instructions for
submitting comments.
(2) E-mail: ow-docket@epa.gov,
Attention Docket ID No. EPA–HQ–OW–
2005–0036.
(3) Mail: Send the original and three
copies of your comments to: Water
Docket, Environmental Protection
Agency, Mail code 4203M, 1200
Pennsylvania Ave., NW., Washington,
DC 20460, Attention Docket ID No. OW–
2005–0036.
(4) Hand Delivery: Deliver your
comments to: EPA Docket Center, EPA
West, Room B102, 1301 Constitution
Avenue, NW., Washington, DC,
Attention Docket ID No. OW–2005–
0036. Such deliveries are only accepted
during the Docket’s normal hours of
operation and special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OW–2005–
0036. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
E:\FR\FM\21DEP1.SGM
21DEP1
]]>Agencies
[Federal Register Volume 70, Number 244 (Wednesday, December 21, 2005)]
[Proposed Rules]
[Pages 75769-75771]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24235]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development Corporation
33 CFR Part 401
[Docket No. SLSDC 2005-23248]
RIN 2135-AA22
Seaway Regulations and Rules: Periodic Update, Various Categories
AGENCY: Saint Lawrence Seaway Development Corporation, DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
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; Preclearance and Security for Tolls; Seaway
Navigation; Toll Assessment and Payment; and Information and Reports.
These proposed amendments are necessary to take account of updated
procedures and/or technology 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 January 20, 2006.
ADDRESSES: You may submit comments [identified by DOT DMS Docket Number
SLSDC 2005-23248] by any of the following methods:
Web site: https://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
Fax: 1-202-493-2251.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-001.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the online instructions for submitting
comments.
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 to https://dms.dot.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 https://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
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.
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; Preclearance and
Security for Tolls; Seaway Navigation; Toll Assessment and Payment; and
Information and Reports. These updates are necessary to take account of
updated procedures and/or technology, which will enhance the safety of
transits through the Seaway. Many of these proposed changes are to
clarify existing requirements in the regulations. Where new
requirements or regulations are being proposed, an explanation for such
a change is provided below.
Regulatory Notices
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register
[[Page 75770]]
published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or
you may visit https://dms.dot.gov.
The SLSDC is proposing two amendments to the joint regulations
pertaining to the Condition of Vessels. Under sections 401.16,
``Propeller Direction Alarms'', and 401.17, ``Pitch Indicators and
Alarms'', the SLSDC is proposing additional language that would require
visible and audible alarms to have a time delay of not greater than 8
seconds. In confined waters of the Seaway or while entering a lock it
is important for the master/pilot to know immediately when an incorrect
command is received in order to take appropriate corrective action.
Currently some vessels have alarms with a 30 second delay in which
time, the vessel could be outside the shipping channel or have already
hit the lock bumpers.
The SLSDC is proposing to make two amendments to the joint
regulations regarding the Preclearance and Security for Tolls. Under
Sec. 401.24, ``Application for Preclearance'', the SLSDC is proposing
to revise the location from which a vessel can obtain a preclearance
form from Cornwall, Ontario to St. Lambert, Quebec. This proposed
change reflects the fact that preclearance applications are now being
processed at St. Lambert, Quebec instead of at Cornwall, Ontario.
For Sec. 401.26, ``Security for Tolls'', the SLSDC is proposing to
add language that would allow the SLSMC manager to include charges for
additional items as tie-up fees in the security for tolls.
The SLSDC is proposing to make one change to the joint regulations
regarding Seaway Navigation. The proposed amendment to Sec. 401.30,
``Ballast Water and Trim'', would reflect a change to the SLSDC/SLSMC
joint website making it easier for Seaway users to obtain ballast water
management documents. Shippers have expressed frustration regarding
their difficulties in locating these documents on the website. The
Seaway Corporations have inserted a direct link on the Seaway website
homepage to the relevant documents.
The SLSDC is proposing to make two changes to the joint regulations
regarding Toll Assessment and Payment. Under Sec. 401.74, ``Transit
Declaration'', the SLSDC is proposing to clarify that Seaway Transit
Declaration Forms can be obtained from the Seaway website or the SLSMC
in St. Lambert, Quebec. This function was previously performed at
Cornwall, Ontario.
Additionally, the proposed amendment would remove references to
specific form numbers that are no longer relevant.
The SLSDC is proposing to make one amendment to the joint
regulations regarding Information and Reports. Under Sec. 401.81, the
SLSDC is proposing to require the master of a vessel involved in an
accident or dangerous occurrence to notify the nearest Seaway and
Canadian or U.S. Coast Guard. This proposed amendment is intended to
clarify that the U.S. Coast Guard is the U.S. federal entity
responsible for responding to vessel incidents and needs to be notified
immediately when there is an accident or dangerous occurrence.
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. 401.16 paragraph (b) would be revised to read as
follows:
Sec. 401.16 Propeller direction alarms.
* * * * *
(b) Visible and audible wrong-way propeller direction alarms, with
a time delay of not greater than 8 seconds, located in the wheelhouse
and the engineer room, unless the vessel is fitted with a device which
renders it impossible to operate engines against orders from the bridge
telegraph.
* * * * *
3. In Sec. 401.17 paragraph (b) would be revised to read as
follows:
Sec. 401.17 Pitch indicators and alarms.
* * * * *
(b) Effective April 1, 1984, visible and audible pitch alarms, with
a time delay of not greater than 8 seconds, in the wheelhouse and
engine room to indicate wrong pitch.
* * * * *
4. Section 401.24 would be 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, St. Lambert, Quebec, or downloaded
from the St. Lawrence Seaway Web site at 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.
5. In Sec. 401.26 paragraph (b) would be revised to read as
follows:
[[Page 75771]]
Sec. 401.26 Security for Tolls.
* * * * *
(b) The security for the tolls of a vessel shall be sufficient to
cover the tolls established in the St. Lawrence Seaway Tariff of Tolls
for the gross registered tonnage of the vessel, cargo carried, and
lockage tolls as well as security for any other charges estimated by
the Manager.
* * * * *
6. In Sec. 401.30 paragraph (e) (2) would be revised to read as
follows:
Sec. 401.30 Ballast water and trim.
* * * * *
(e) * * *
(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. For copies of the ``Code of 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'' refer to the St. Lawrence
Seaway Web site at https://www.greatlakes-seaway.com.
7. In Sec. 401.74 paragraphs (a) and (g) are revised to read as
follows:
Sec. 401.74 Transit declaration.
(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, 151 Ecluse Street, St. Lambert, Quebec,
J4R 2V6 or from the St. Lawrence Seaway Web site at https://
www.greatlakes-seaway.com.
* * * * *
(g) Where government aid cargo is declared, appropriate Canadian or
U.S. customs form or a stamped and signed certification letter from the
U.S. or Canada Customs must accompany the transit declaration form.
* * * * *
8. 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 and
Canadian or U.S. Coast Guard radio or traffic stations, as soon as
possible and prior to departing the Seaway system.
* * * * *
Issued at Washington, DC, on December 13, 2005
Saint Lawrence Seaway Development Corporation.
Albert S. Jacquez,
Administrator.
[FR Doc. 05-24235 Filed 12-20-05; 8:45 am]
BILLING CODE 4910-61-P
