Seaway Regulations and Rules: Periodic Update, Various Categories, 5605-5607 [06-941]
Download as PDF
Federal Register / Vol. 71, No. 22 / Thursday, February 2, 2006 / Rules and Regulations
(d) Special September rule for taxes
due by semimonthly return. (1) General.
* * *
*
*
*
*
*
PART 70—PROCEDURE AND
ADMINISTRATION
21. The authority citation for part 70
continues to read as follows:
■
Authority: 5 U.S.C. 301 and 552; 26 U.S.C.
4181, 4182, 5146, 5203, 5207, 5275, 5367,
5415, 5504, 5555, 5684(a), 5741, 5761(b),
5802, 6020, 6021, 6064, 6102, 6155, 6159,
6201, 6203, 6204, 6301, 6303, 6311, 6313,
6314, 6321, 6323, 6325, 6326, 6331–6343,
6401–6404, 6407, 6416, 6423, 6501–6503,
6511, 6513, 6514, 6532, 6601, 6602, 6611,
6621, 6622, 6651, 6653, 6656–6658, 6665,
6671, 6672, 6701, 6723, 6801, 6862, 6863,
6901, 7011, 7101, 7102, 7121, 7122, 7207,
7209, 7214, 7304, 7401, 7403, 7406, 7423,
7424, 7425, 7426, 7429, 7430, 7432, 7502,
7503, 7505, 7506, 7513, 7601–7606, 7608–
7610, 7622, 7623, 7653, 7805.
22. In § 70.412, the second sentence of
paragraph (a) is revised to read as
follows:
■
§ 70.412
(a) Collection. * * * If the person
responsible for paying the taxes has
filed a proper bond to defer payment,
such person may be eligible to file
semimonthly or quarterly returns, with
proper remittances, to cover the taxes
incurred on distilled spirits, wines, and
beer during the semimonthly or
quarterly period. * * *
*
*
*
*
*
Signed: December 13, 2005.
John J. Manfreda,
Administrator.
Approved: December 23, 2005.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 06–981 Filed 2–1–06; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development
Corporation
33 CFR Part 401
[Docket No. SLSDC 2005–23248]
RIN 2135–AA22
wwhite on PROD1PC61 with RULES
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
15:24 Feb 01, 2006
DATES:
This rule is effective March 6,
2006.
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
ADDRESSES:
Excise taxes.
VerDate Aug<31>2005
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
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
amendments are necessary to take
account of updated procedures and/or
technology and enhance the safety of
transits through the Seaway. Several of
the amendments are merely editorial or
for clarification of existing
requirements.
Jkt 208001
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
5605
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.
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 Regulations and Rules
in various categories. The changes
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
changes are to clarify existing
requirements in the regulations. Where
new requirements or regulations are
made, an explanation for such a change
is provided below.
Regulatory Notices: Privacy Act:
Anyone is able to search the electronic
form of all comments received into any
of our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review DOT’s
complete Privacy Act Statement in the
Federal Register published on April 11,
2000 (Volume 65, Number 70; Pages
19477–78) or you may visit https://
dms.dot.gov.
The SLSDC is making 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
adding 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
SUPPLEMENTARY INFORMATION:
E:\FR\FM\02FER1.SGM
02FER1
5606
Federal Register / Vol. 71, No. 22 / Thursday, February 2, 2006 / Rules and Regulations
wwhite on PROD1PC61 with RULES
shipping channel or have already hit the
lock bumpers.
The SLSDC is making two
amendments to the joint regulations
regarding the Preclearance and Security
for Tolls. Under § 401.24, ‘‘Application
for Preclearance’’, the SLSDC is revising
the location from which a vessel can
obtain a preclearance form from
Cornwall, Ontario to St. Lambert,
Quebec. This 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 adding 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 making one change to
the joint regulations regarding Seaway
Navigation. The amendment to § 401.30,
‘‘Ballast Water and Trim’’, reflects a
change to the SLSDC/SLSMC joint Web
site 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 Web
site. The Seaway Corporations have
inserted a direct link on the Seaway
Web site homepage to the relevant
documents.
The SLSDC is making two changes to
the joint regulations regarding Toll
Assessment and Payment. Under
§ 401.74, ‘‘Transit Declaration’’, the
SLSDC is clarifying that Seaway Transit
Declaration Forms can be obtained from
the Seaway Web site or the SLSMC in
St. Lambert, Quebec. This function was
previously performed at Cornwall,
Ontario.
Additionally, the amendment
removes references to specific form
numbers that are no longer relevant.
The SLSDC is making one amendment
to the joint regulations regarding
Information and Reports. Under
§ 401.81, the SLSDC is requiring 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 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 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.
VerDate Aug<31>2005
15:24 Feb 01, 2006
Jkt 208001
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.
§ 401.16
2. In § 401.16 paragraph (b) is revised
to read as follows:
Environmental Impact
This regulation does not require an
environmental impact statement under
the National Environmental Policy Act
(49 U.S.C. 4321, et seq.) because it is not
a major federal action significantly
affecting the quality of the human
environment.
Federalism
The Corporation has analyzed this
rule under the principles and criteria in
Executive Order 13132, dated August 4,
1999, and has determined that this rule
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, 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.
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
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 § 401.17 paragraph (b) is revised
to read as follows:
§ 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 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, 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) is revised
to read as follows:
§ 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 § 401.30 paragraph (e) (2) is
revised to read as follows:
§ 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
E:\FR\FM\02FER1.SGM
02FER1
Federal Register / Vol. 71, No. 22 / Thursday, February 2, 2006 / Rules and Regulations
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:
§ 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 § 401.81 paragraph (a) is revised
to read as follows:
§ 401.81
Reporting an accident.
wwhite on PROD1PC61 with RULES
(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 January 23,
2006.
Saint Lawrence Seaway Development
Corporation.
Albert S. Jacquez,
Administrator.
[FR Doc. 06–941 Filed 2–1–06; 8:45 am]
BILLING CODE 4910–61–P
VerDate Aug<31>2005
15:24 Feb 01, 2006
Jkt 208001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[MD200–3116; FRL–8021–7]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Update to Materials
Incorporated by Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; Notice of
administrative change.
AGENCY:
SUMMARY: EPA is updating the materials
submitted by Maryland that are
incorporated by reference (IBR) into the
State implementation plan (SIP). The
regulations affected by this update have
been previously submitted by the State
agency, the Maryland Department of the
Environment, and approved by EPA.
This update affects the SIP materials
that are available for public inspection
at the National Archives and Records
Administration (NARA), the Air and
Radiation Docket and Information
Center located at EPA Headquarters in
Washington, DC and the Regional
Office.
EFFECTIVE DATE: This action is effective
February 2, 2006.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations: Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103; the
Air and Radiation Docket and
Information Center, U.S. Environmental
Protection Agency, 1301 Constitution
Avenue NW., Room B108, Washington,
DC 20460; or the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
FOR FURTHER INFORMATION CONTACT:
Harold A. Frankford, (215) 814–2108 or
by e-mail at frankford.harold@epa.gov.
SUPPLEMENTARY INFORMATION: The SIP is
a living document which the State can
revise as necessary to address the
unique air pollution problems.
Therefore, EPA from time to time must
take action on SIP revisions containing
new and/or revised regulations as being
part of the SIP. On May 22, 1997 (62 FR
27968), EPA revised the procedures for
incorporating by reference Federallyapproved SIPs, as a result of
consultations between EPA and the
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
5607
Office of the Federal Register (OFR). The
description of the revised SIP
document, IBR procedures and
‘‘Identification of plan’’ format are
discussed in further detail in the May
22, 1997 Federal Register document. On
November 29, 2004 (69 FR 69304), EPA
published a Federal Register beginning
the new IBR procedure for Maryland. In
this document, EPA is doing the
following:
1. Announcing the update to the IBR
material as of December 15, 2005.
2. Making corrections to entries listed
in the paragraph 52.1070(c) chart, as
described below:
a. COMAR 26.11.04—The chapter title
is revised.
b. COMAR 26.11.09—The text for
COMAR 26.11.09.01, 26.11.09.03,
26.11.09.06 and 26.11.09.08 in the
‘‘Additional explanation/citation at 40
CFR 52.1100’’ column is revised.
c. COMAR 26.11.17—The text for
COMAR 26.11.17.01 and 26.11.17.03 in
the ‘‘Additional explanation/citation at
40 CFR 52.1100’’ column is revised.
d. COMAR 26.11.19—The text for
COMAR 26.11.19.17 in the ‘‘Additional
explanation/citation at 40 CFR 52.1100’’
column is removed.
e. COMAR 26.11.25—The
abbreviation ‘‘COMAR’’ in the ‘‘Code of
Maryland administrative regulations
(COMAR) citation’’ column is removed;
the regulation titles for COMAR
26.11.25.03 and 26.11.25.04 in the
‘‘Title/subject’’ column are revised.
f. COMAR 11.14.08.22—The
regulation title in the ‘‘Title/subject’’
column is revised.
g. COMAR 03.03.06.05—The
regulation title in the ‘‘Title/subject’’
column is revised.
EPA has determined that today’s rule
falls under the ‘‘good cause’’ exemption
in section 553(b)(3)(B) of the
Administrative Procedures Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation, and section
553(d)(3) which allows an agency to
make a rule effective immediately
(thereby avoiding the 30-day delayed
effective date otherwise provided for in
the APA). Today’s rule simply codifies
provisions which are already in effect as
a matter of law in Federal and approved
State programs. Under section 553 of the
APA, an agency may find good cause
where procedures are ‘‘impractical,
unnecessary, or contrary to the public
interest.’’ Public comment is
‘‘unnecessary’’ and ‘‘contrary to the
public interest’’ since the codification
only reflects existing law. Immediate
notice in the CFR benefits the public by
removing outdated citations and
incorrect chart entries.
E:\FR\FM\02FER1.SGM
02FER1
Agencies
[Federal Register Volume 71, Number 22 (Thursday, February 2, 2006)]
[Rules and Regulations]
[Pages 5605-5607]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-941]
=======================================================================
-----------------------------------------------------------------------
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: 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 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 amendments
are necessary to take account of updated procedures and/or technology
and enhance the safety of transits through the Seaway. Several of the
amendments are merely editorial or for clarification of existing
requirements.
DATES: This rule is effective March 6, 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 amending the joint
regulations by updating the Regulations and Rules in various
categories. The changes 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 changes are to clarify
existing requirements in the regulations. Where new requirements or
regulations are made, an explanation for such a change is provided
below.
Regulatory Notices: Privacy Act: Anyone is able to search the
electronic form of all comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78) or you may visit https://dms.dot.gov.
The SLSDC is making 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 adding 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
[[Page 5606]]
shipping channel or have already hit the lock bumpers.
The SLSDC is making two amendments to the joint regulations
regarding the Preclearance and Security for Tolls. Under Sec. 401.24,
``Application for Preclearance'', the SLSDC is revising the location
from which a vessel can obtain a preclearance form from Cornwall,
Ontario to St. Lambert, Quebec. This 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 adding
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 making one change to the joint regulations regarding
Seaway Navigation. The amendment to Sec. 401.30, ``Ballast Water and
Trim'', reflects a change to the SLSDC/SLSMC joint Web site 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 Web site. The Seaway Corporations have
inserted a direct link on the Seaway Web site homepage to the relevant
documents.
The SLSDC is making two changes to the joint regulations regarding
Toll Assessment and Payment. Under Sec. 401.74, ``Transit
Declaration'', the SLSDC is clarifying that Seaway Transit Declaration
Forms can be obtained from the Seaway Web site or the SLSMC in St.
Lambert, Quebec. This function was previously performed at Cornwall,
Ontario.
Additionally, the amendment removes references to specific form
numbers that are no longer relevant.
The SLSDC is making one amendment to the joint regulations
regarding Information and Reports. Under Sec. 401.81, the SLSDC is
requiring 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 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 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 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 seq.)
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 this rule 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, 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.
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2. In Sec. 401.16 paragraph (b) is 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.
* * * * *
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3. In Sec. 401.17 paragraph (b) is 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.
* * * * *
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4. 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, 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.
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5. In Sec. 401.26 paragraph (b) is revised to read as follows:
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.
* * * * *
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6. In Sec. 401.30 paragraph (e) (2) is 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
[[Page 5607]]
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.
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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.
* * * * *
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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 January 23, 2006.
Saint Lawrence Seaway Development Corporation.
Albert S. Jacquez,
Administrator.
[FR Doc. 06-941 Filed 2-1-06; 8:45 am]
BILLING CODE 4910-61-P