Seaway Regulations and Rules: Periodic Update, Various Categories, 70336-70338 [E6-20371]
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70336
Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Proposed Rules
of the column, lines 4 and 5, the
language ‘‘disclosure of the tax structure
or tax aspects of the transaction is
limited in’’ is corrected to read
‘‘disclosure of the tax treatment or tax
structure of the transaction is limited
in’’.
La Nita VanDyke,
Branch Chief, Publications and Regulations
Branch, Legal Processing Division, Associate
Chief Counsel, (Procedure and
Administration).
[FR Doc. E6–20382 Filed 12–1–06; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development
Corporation
33 CFR Part 401
[Docket No. SLSDC 2006–26397]
RIN 2135–AA24
Seaway Regulations and Rules:
Periodic Update, Various Categories
Saint Lawrence Seaway
Development Corporation, DOT.
ACTION: Notice of proposed rulemaking.
mstockstill on PROD1PC61 with PROPOSALS
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; Dangerous Cargo;
and, General. These proposed
amendments are necessary to take
account of updated procedures and will
enhance the safety of transits through
the Seaway. Several of the proposed
amendments are merely editorial or for
clarification of existing requirements.
DATES: Any party wishing to present
views on the proposed amendment may
file comments with the Corporation on
or before January 3, 2007.
ADDRESSES: You may submit comments
[identified by DOT DMS Docket Number
SLSDC 2006–26397] by any of the
following methods:
• Web site: https://dms.dot.gov.
Follow the instructions for submitting
VerDate Aug<31>2005
11:53 Dec 01, 2006
Jkt 211001
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; Dangerous Cargo;
and, General. These updates are
necessary to take account of updated
procedures which will enhance the
safety of transits through the Seaway.
Many of these proposed changes are to
clarify existing requirements in the
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
regulations. Where new requirements or
regulations are being proposed, an
explanation for such a change is
provided below.
Regulatory Notices: Privacy Act:
Anyone is able to search the electronic
form of all comments received into any
of our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review DOT’s
complete Privacy Act Statement in the
Federal Register published on April 11,
2000 (Volume 65, Number 70; Pages
19477–78) or you may visit https://
dms.dot.gov.
The SLSDC is proposing to make one
clarification to the Interpretation section
of the joint Seaway regulations. Under
Section 401.2, ‘‘Interpretation’, after the
definition of Seaway station, the SLSDC
is proposing to add a reference to
section 401.62, ‘‘Seaway stations’’ for a
list and location of the specific Seaway
stations. In terms of Notice and Arrival
requirements for vessels transiting the
Seaway pursuant to section 401.79,
‘‘Advance notice of arrival, vessels
requiring inspection’’, there has been
some confusion regarding the location
of the nearest Seaway station. Inserting
a reference to the list of Seaway Stations
in the definition would aid in clarifying
the location to which a vessel must
provide its 96 hours notice of arrival.
The SLSDC is proposing to make two
amendments to the joint regulations
pertaining to the Condition of Vessels.
Under section 401.8, ‘‘Landing booms’’,
the SLSDC is proposing to require
vessels that are equipped with landing
booms, but not using them, to use the
Seaway’s tie-up service at approach
walls. This proposed amendment will
clarify which vessels are required to use
the Seaway’s tie-up service. Under
section 401.12, ‘‘Minimum
requirements—mooring lines and
fairleads’’, the SLSDC is proposing to
provide flexibility to Seaway ship
inspectors’ ability to require an alternate
mooring arrangement when a vessel
cannot comply with the Seaway
regulation due to design or other factors.
Two amendments to the joint
regulations regarding Preclearance and
Security for Tolls are proposed. The
proposed amendment to section 401.22,
‘‘Preclearance of vessels’’, would
provide flexibility to an officer to
preclear a vessel, such as a large private
yacht or ‘‘Tall Ship’’ that would not be
able to moor at the pleasure craft docks
because of its unusual design and
requirements for inspection. Section
401.24, ‘‘Application for Preclearance’’,
is being revised to eliminate the
requirement that a representative of a
E:\FR\FM\04DEP1.SGM
04DEP1
Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Proposed Rules
vessel must submit 3 copies of a
preclearance form since the Manager no
longer issues 3 copies of the form.
The SLSDC is proposing two
amendments to the joint regulations
pertaining to Seaway Navigation. Under
section 401.40, ‘‘Entering a lock’’, the
SLSDC is proposing to rename the
section and add language to make it
clear that no vessel shall exit a lock in
a manner that results in the stern
passing the stop symbol on the lock wall
nearest the closed gates. There have
been instances in which vessels, when
required to maintain position in a lock
or upon entering or departing a lock,
have drifted astern resulting in damage
to Seaway property. This amendment
would require a vessel entering, exiting
or maintaining its position in a lock to
adhere to firmly established Seaway
procedures. Under section 401.58,
‘‘Pleasure craft scheduling’’, language is
proposed to clarify that the requirement
to use the automated ticket dispensers
only applies to vessels transiting
Canadian locks since there are no
automated ticket dispensers at the U.S.
locks.
The SLSDC is proposing to make
several clarifying/editorial changes in
the joint Seaway regulations pertaining
to Dangerous Cargo. Proposed language
throughout the following sections:
401.68, ‘‘Explosives Permission Letter’’;
401.70, ‘‘Fendering—explosive and
hazardous cargo vessels’’; and, 401.72,
‘‘Reporting—explosive and hazardous
cargo vessels’’, would clarify that the
Seaway(s) issue Seaway Explosives
Permission Letters rather than permits.
In the regulations pertaining to
general requirements, the SLSDC
proposes one amendment. Under
section 401.93, ‘‘Access to Seaway
property,’’ the word ‘‘swim ‘‘ would be
removed in order to clarify that a person
may not enter any Seaway canal or lock
area regardless of the method of entry.
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.
mstockstill on PROD1PC61 with PROPOSALS
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
VerDate Aug<31>2005
11:53 Dec 01, 2006
Jkt 211001
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.
70337
Stations for the list and location of
stations).
*
*
*
*
*
3. In § 401.8 paragraph (c) would be
revised to read as follows:
§ 401.8
Landing booms.
*
*
*
*
*
(c) Vessels not equipped with or not
using landing booms must use the
Seaway’s tie-up service at approach
walls.
4. Section 401.12 paragraph (a)
introductory text would be revised to
read as follows:
§ 401.12 Minimum requirements—mooring
lines and fairleads.
(a) Minimum requirements in respect
of mooring lines, which shall be
available for securing on either side of
the vessel, winches, and the location of
fairleads on vessels are as follows unless
otherwise permitted by the officer:
*
*
*
*
*
5. In § 401.22 paragraph (c) would be
revised to read as follows:
§ 401.22
Preclearance of vessels.
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.
*
*
*
*
(c) A non-commercial vessel of 300
gross registered tonnage or less cannot
apply for preclearance status and must
transit as a pleasure craft unless
otherwise permitted by an officer.
6. § 401.24 will be revised as follows:
§ 401.24
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 § 401.2 paragraph (k) would be
revised to read as follows:
§ 401.2
Interpretation.
*
*
*
*
*
(k) Seaway Station means a radio
station operated by the Corporation or
the Manager. (See 401.62. Seaway
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
*
Application for preclearance.
The representative of a vessel may, on
a preclearance form 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.
7. In § 401.40 the section heading will
be revised, paragraphs (b) and (c) will be
redesignated as paragraphs (c) and (d),
respectively, and a new paragraph (b)
will be added to read as follows:
§ 401.40
Lock.
Entering, Exiting or Position in a
*
*
*
*
*
(b) No vessel shall depart a lock in
such a manner that the stern passes the
stop symbol on the lock wall nearest the
closed gates.
*
*
*
*
*
8. In § 401.58 paragraph (b) is revised
to read as follows:
§ 401.58
Pleasure craft scheduling.
*
*
*
*
*
(b) Every pleasure craft seeking to
transit Canadian Locks shall stop at a
E:\FR\FM\04DEP1.SGM
04DEP1
70338
Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Proposed Rules
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.
9. In § 401.68, the section heading and
paragraphs (a) introductory text, (b), (c),
and (d) are revised to read as follows:
§ 401.68
Explosives Permission Letter.
(a) A Seaway Explosives Permission
Letter is required for an explosive vessel
in the following cases:
*
*
*
*
*
(b) When an explosive vessel is
carrying quantities of explosives above
the maximum mentioned in paragraph
(a), no Seaway Explosives Permission
Letter shall be granted and the vessel
shall not transit.
(c) A written application for a Seaway
Explosives Permission Letter certifying
that the cargo is packed, marked, and
stowed in accordance with the Canadian
Regulations respecting the Carriage of
Dangerous Goods, the United States
Regulations under the Dangerous Cargo
Act and the International Maritime
Dangerous Goods Code may be made to
the Saint Lawrence Seaway
Development Corporation, P.O. Box 520,
Massena, New York 13662 or to the St.
Lawrence Seaway Management
Corporation, 202 Pitt Street, Cornwall,
Ontario, K6J 3P7.
(d) A signed copy of a Seaway
Explosives Permission Letter and a true
copy of any certificate as to the loading
of dangerous cargo shall be kept on
board every explosive vessel in transit
and shall be made available to any
officer requiring production of such
copies.
*
*
*
*
*
10. § 401.70 will be revised to read as
follows:
mstockstill on PROD1PC61 with PROPOSALS
§ 401.70 Fendering—explosive and
hazardous cargo vessels.
All explosive vessels requiring a
Seaway Explosives Permission Letter in
accordance with § 401.68 and all tankers
carrying cargo with a flashpoint of up to
61 °C, except those carrying such cargo
in center tanks with gas free wing tanks,
shall be equipped with a sufficient
number of non-metallic fenders on each
side to prevent any metallic part of the
vessel from touching the side of a dock
or lock wall.
11. In § 401.72 paragraph (b) will be
revised to read as follows:
§ 401.72 Reporting—explosive and
hazardous cargo vessels.
*
*
*
*
*
(b) Every explosive vessel requiring a
Seaway Explosives Permission Letter
VerDate Aug<31>2005
11:53 Dec 01, 2006
Jkt 211001
shall, when reporting in, give the
number of its Seaway Explosives
Permission Letter.
*
*
*
*
*
12. In § 401.93 paragraph (b) will be
revised to read as follows:
§ 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 in any
Seaway canal or lock area.
Issued at Washington, DC on November 27,
2006.
Saint Lawrence Seaway Development
Corporation.
Collister, Johnson, Jr.,
Administrator.
[FR Doc. E6–20371 Filed 12–1–06; 8:45 am]
BILLING CODE 4910–61–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2006–0883; FRL–8251–1]
Approval and Promulgation of
Implementation Plans; State of
Missouri
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA proposes to approve the
State Implementation Plan (SIP)
revision submitted by the state of
Missouri for the inclusion of revisions
to the Construction Permit Exemptions
rule. The Construction Permit
Exemptions rule lists specific
construction or modification projects
that are not required to obtain permits
to construct under the Construction
Permits Required rule. Revisions to this
rule include updating the insignificance
levels used for construction permit
exemptions, adding a new exemption
for manufacturing operations, which
produce insignificant emissions,
clarifying the grain handling facilities
exemption, and restructuring of the
record keeping portion of the rule.
Missouri developed the revisions to this
rule under two separate state
rulemaking processes.
DATES: Comments on this proposed
action must be received in writing by
January 3, 2007.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2006–0883 by one of the following
methods:
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: algoe-eakin.amy@epa.gov.
3. Mail: Amy Algoe-Eakin,
Environmental Protection Agency, Air
Planning and Development Branch, 901
North 5th Street, Kansas City, Kansas
66101.
4. Hand Delivery or Courier: Deliver
your comments to: Amy Algoe-Eakin,
Environmental Protection Agency, Air
Planning and Development Branch, 901
North 5th Street, Kansas City, Kansas
66101. Such deliveries are only
accepted during the Regional Office’s
normal hours of operation. The Regional
Office’s official hours of business are
Monday through Friday, 8 to 4:30,
excluding legal holidays.
Please see the direct final rule which
is located in the Rules section of this
Federal Register for detailed
instructions on how to submit
comments.
FOR FURTHER INFORMATION CONTACT:
Amy Algoe-Eakin at (913) 551–7942, or
by e-mail at algoe-eakin.amy@epa.gov.
In the
final rules section of the Federal
Register, EPA is approving the state’s
SIP revision as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
revision amendment and anticipates no
relevant adverse comments to this
action. A detailed rationale for the
approval is set forth in the direct final
rule. If no relevant adverse comments
are received in response to this action,
no further activity is contemplated in
relation to this action. If EPA receives
relevant adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed action. EPA will
not institute a second comment period
on this action. Any parties interested in
commenting on this action should do so
at this time. Please note that if EPA
receives adverse comment on part of
this rule and if that part can be severed
from the remainder of the rule, EPA may
adopt as final those parts of the rule that
are not the subject of an adverse
comment. For additional information,
see the direct final rule which is located
in the rules section of this Federal
Register.
SUPPLEMENTARY INFORMATION:
Dated: November 17, 2006.
John B. Askew,
Regional Administrator, Region 7.
[FR Doc. E6–20434 Filed 12–1–06; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\04DEP1.SGM
04DEP1
]]>Agencies
[Federal Register Volume 71, Number 232 (Monday, December 4, 2006)]
[Proposed Rules]
[Pages 70336-70338]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development Corporation
33 CFR Part 401
[Docket No. SLSDC 2006-26397]
RIN 2135-AA24
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; Dangerous Cargo; and, General. These proposed amendments
are necessary to take account of updated procedures and will enhance
the safety of transits through the Seaway. Several of the proposed
amendments are merely editorial or for clarification of existing
requirements.
DATES: Any party wishing to present views on the proposed amendment may
file comments with the Corporation on or before January 3, 2007.
ADDRESSES: You may submit comments [identified by DOT DMS Docket Number
SLSDC 2006-26397] 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; Dangerous Cargo; and, General.
These updates are necessary to take account of updated procedures which
will enhance the safety of transits through the Seaway. Many of these
proposed changes are to clarify existing requirements in the
regulations. Where new requirements or regulations are being proposed,
an explanation for such a change is provided below.
Regulatory Notices: Privacy Act: Anyone is able to search the
electronic form of all comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on 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 proposing to make one clarification to the
Interpretation section of the joint Seaway regulations. Under Section
401.2, ``Interpretation', after the definition of Seaway station, the
SLSDC is proposing to add a reference to section 401.62, ``Seaway
stations'' for a list and location of the specific Seaway stations. In
terms of Notice and Arrival requirements for vessels transiting the
Seaway pursuant to section 401.79, ``Advance notice of arrival, vessels
requiring inspection'', there has been some confusion regarding the
location of the nearest Seaway station. Inserting a reference to the
list of Seaway Stations in the definition would aid in clarifying the
location to which a vessel must provide its 96 hours notice of arrival.
The SLSDC is proposing to make two amendments to the joint
regulations pertaining to the Condition of Vessels. Under section
401.8, ``Landing booms'', the SLSDC is proposing to require vessels
that are equipped with landing booms, but not using them, to use the
Seaway's tie-up service at approach walls. This proposed amendment will
clarify which vessels are required to use the Seaway's tie-up service.
Under section 401.12, ``Minimum requirements--mooring lines and
fairleads'', the SLSDC is proposing to provide flexibility to Seaway
ship inspectors' ability to require an alternate mooring arrangement
when a vessel cannot comply with the Seaway regulation due to design or
other factors.
Two amendments to the joint regulations regarding Preclearance and
Security for Tolls are proposed. The proposed amendment to section
401.22, ``Preclearance of vessels'', would provide flexibility to an
officer to preclear a vessel, such as a large private yacht or ``Tall
Ship'' that would not be able to moor at the pleasure craft docks
because of its unusual design and requirements for inspection. Section
401.24, ``Application for Preclearance'', is being revised to eliminate
the requirement that a representative of a
[[Page 70337]]
vessel must submit 3 copies of a preclearance form since the Manager no
longer issues 3 copies of the form.
The SLSDC is proposing two amendments to the joint regulations
pertaining to Seaway Navigation. Under section 401.40, ``Entering a
lock'', the SLSDC is proposing to rename the section and add language
to make it clear that no vessel shall exit a lock in a manner that
results in the stern passing the stop symbol on the lock wall nearest
the closed gates. There have been instances in which vessels, when
required to maintain position in a lock or upon entering or departing a
lock, have drifted astern resulting in damage to Seaway property. This
amendment would require a vessel entering, exiting or maintaining its
position in a lock to adhere to firmly established Seaway procedures.
Under section 401.58, ``Pleasure craft scheduling'', language is
proposed to clarify that the requirement to use the automated ticket
dispensers only applies to vessels transiting Canadian locks since
there are no automated ticket dispensers at the U.S. locks.
The SLSDC is proposing to make several clarifying/editorial changes
in the joint Seaway regulations pertaining to Dangerous Cargo. Proposed
language throughout the following sections: 401.68, ``Explosives
Permission Letter''; 401.70, ``Fendering--explosive and hazardous cargo
vessels''; and, 401.72, ``Reporting--explosive and hazardous cargo
vessels'', would clarify that the Seaway(s) issue Seaway Explosives
Permission Letters rather than permits.
In the regulations pertaining to general requirements, the SLSDC
proposes one amendment. Under section 401.93, ``Access to Seaway
property,'' the word ``swim `` would be removed in order to clarify
that a person may not enter any Seaway canal or lock area regardless of
the method of entry.
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. 401.2 paragraph (k) would be revised to read as
follows:
Sec. 401.2 Interpretation.
* * * * *
(k) Seaway Station means a radio station operated by the
Corporation or the Manager. (See 401.62. Seaway Stations for the list
and location of stations).
* * * * *
3. In Sec. 401.8 paragraph (c) would be revised to read as
follows:
Sec. 401.8 Landing booms.
* * * * *
(c) Vessels not equipped with or not using landing booms must use
the Seaway's tie-up service at approach walls.
4. Section 401.12 paragraph (a) introductory text would be revised
to read as follows:
Sec. 401.12 Minimum requirements--mooring lines and fairleads.
(a) Minimum requirements in respect of mooring lines, which shall
be available for securing on either side of the vessel, winches, and
the location of fairleads on vessels are as follows unless otherwise
permitted by the officer:
* * * * *
5. In Sec. 401.22 paragraph (c) would be revised to read as
follows:
Sec. 401.22 Preclearance of vessels.
* * * * *
(c) A non-commercial vessel of 300 gross registered tonnage or less
cannot apply for preclearance status and must transit as a pleasure
craft unless otherwise permitted by an officer.
6. Sec. 401.24 will be revised as follows:
Sec. 401.24 Application for preclearance.
The representative of a vessel may, on a preclearance form 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.
7. In Sec. 401.40 the section heading will be revised, paragraphs
(b) and (c) will be redesignated as paragraphs (c) and (d),
respectively, and a new paragraph (b) will be added to read as follows:
Sec. 401.40 Entering, Exiting or Position in a Lock.
* * * * *
(b) No vessel shall depart a lock in such a manner that the stern
passes the stop symbol on the lock wall nearest the closed gates.
* * * * *
8. In Sec. 401.58 paragraph (b) is revised to read as follows:
Sec. 401.58 Pleasure craft scheduling.
* * * * *
(b) Every pleasure craft seeking to transit Canadian Locks shall
stop at a
[[Page 70338]]
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.
9. In Sec. 401.68, the section heading and paragraphs (a)
introductory text, (b), (c), and (d) are revised to read as follows:
Sec. 401.68 Explosives Permission Letter.
(a) A Seaway Explosives Permission Letter is required for an
explosive vessel in the following cases:
* * * * *
(b) When an explosive vessel is carrying quantities of explosives
above the maximum mentioned in paragraph (a), no Seaway Explosives
Permission Letter shall be granted and the vessel shall not transit.
(c) A written application for a Seaway Explosives Permission Letter
certifying that the cargo is packed, marked, and stowed in accordance
with the Canadian Regulations respecting the Carriage of Dangerous
Goods, the United States Regulations under the Dangerous Cargo Act and
the International Maritime Dangerous Goods Code may be made to the
Saint Lawrence Seaway Development Corporation, P.O. Box 520, Massena,
New York 13662 or to the St. Lawrence Seaway Management Corporation,
202 Pitt Street, Cornwall, Ontario, K6J 3P7.
(d) A signed copy of a Seaway Explosives Permission Letter and a
true copy of any certificate as to the loading of dangerous cargo shall
be kept on board every explosive vessel in transit and shall be made
available to any officer requiring production of such copies.
* * * * *
10. Sec. 401.70 will be revised to read as follows:
Sec. 401.70 Fendering--explosive and hazardous cargo vessels.
All explosive vessels requiring a Seaway Explosives Permission
Letter in accordance with Sec. 401.68 and all tankers carrying cargo
with a flashpoint of up to 61 [deg]C, except those carrying such cargo
in center tanks with gas free wing tanks, shall be equipped with a
sufficient number of non-metallic fenders on each side to prevent any
metallic part of the vessel from touching the side of a dock or lock
wall.
11. In Sec. 401.72 paragraph (b) will be revised to read as
follows:
Sec. 401.72 Reporting--explosive and hazardous cargo vessels.
* * * * *
(b) Every explosive vessel requiring a Seaway Explosives Permission
Letter shall, when reporting in, give the number of its Seaway
Explosives Permission Letter.
* * * * *
12. In Sec. 401.93 paragraph (b) will be 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 in any Seaway canal or
lock area.
Issued at Washington, DC on November 27, 2006.
Saint Lawrence Seaway Development Corporation.
Collister, Johnson, Jr.,
Administrator.
[FR Doc. E6-20371 Filed 12-1-06; 8:45 am]
BILLING CODE 4910-61-P
