Seaway Regulations and Rules: Periodic Update, Various Categories, 2618-2620 [E7-814]
Download as PDF
<![CDATA[
2618
Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Rules and Regulations
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
15, from 6 a.m. to 7 p.m., the draw need
only open on the hour and half hour.
(2) Anna Maria (SR 64) (Manatee
Avenue West) Bridge, mile 89.2. The
draw shall open on signal, except that
from 6 a.m. to 7 p.m., the draw need
only open on the hour, 20 minutes after
the hour, and 40 minutes after the hour.
From January 15 to May 15, from 6 a.m.
to 7 p.m., the draw need only open on
the hour and half hour.
*
*
*
*
*
Dated: January 5, 2007.
D.W. Kunkel,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. E7–832 Filed 1–19–07; 8:45 am]
BILLING CODE 4910–15–P
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD,
and Department of Homeland Security
Management Directive 5100.1, which
guides the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have concluded that there
are no factors in this case that would
limit the use of a categorical exclusion
under section 2.B.2 of the Instruction.
Therefore, this rule is categorically
excluded, under figure 2–1, paragraph
(32)(e) of 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 rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
I
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
I
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. Revise § 117.287(d)(1) and (2) to
read as follows:
I
§ 117.287
Gulf Intracoastal Waterway.
sroberts on PROD1PC70 with RULES
*
*
*
*
*
(d)(1) Cortez (SR 684) Bridge, mile
87.4. The draw shall open on signal,
except that from 6 a.m. to 7 p.m., the
draw need only open on the hour, 20
minutes after the hour, and 40 minutes
after the hour. From January 15 to May
VerDate Aug<31>2005
15:59 Jan 19, 2007
Jkt 211001
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: Final rule.
AGENCY:
SUMMARY: The Saint Lawrence Seaway
Development Corporation (SLSDC) and
the St. Lawrence Seaway Management
Corporation (SLSMC) of Canada, under
international agreement, jointly publish
and presently administer the St.
Lawrence Seaway Regulations and
Rules (Practices and Procedures in
Canada) in their respective jurisdictions.
Under agreement with the SLSMC, the
SLSDC is amending the joint regulations
by updating the Seaway Regulations and
Rules in various categories. The changes
update the following sections of the
Regulation and Rules: Condition of
Vessels; Preclearance and Security for
Tolls; Seaway Navigation; Dangerous
Cargo; and, General. These amendments
are necessary to take account of updated
procedures and will enhance the safety
of transits through the Seaway. Several
of the amendments are merely editorial
or for clarification of existing
requirements.
DATES: Effective date: This rule is
effective February 21, 2007.
Comment date: Any party wishing to
present views on the final rule may file
comments with the Corporation on or
before February 21, 2007.
ADDRESSES: You may submit comments
[identified by DOT DMS Docket Number
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
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 am and 5 pm, 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; Dangerous
Cargo; and, General. These updates are
necessary to take account of updated
procedures which will enhance the
safety of transits through the Seaway.
E:\FR\FM\22JAR1.SGM
22JAR1
sroberts on PROD1PC70 with RULES
Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Rules and Regulations
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.
A Notice of Proposed Rulemaking was
published on December 4, 2006 (71 FR
70336). Interested parties have been
afforded an opportunity to comment.
While no public comments were
received, the SLSDC is making a few
minor editorial changes to the final rule
in order to ensure consistency between
the final rules published in each
jurisdiction.
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 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 adding 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 will aid in clarifying the
location to which a vessel must provide
its 96 hours notice of arrival.
The SLSDC is making two
amendments to the joint regulations
pertaining to the Condition of Vessels.
Under section 401.8, ‘‘Landing booms’’,
the SLSDC is requiring vessels that are
equipped with landing booms, but not
using them, to use the Seaway’s tie-up
service at approach walls. This
amendment clarifies 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
providing 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 being made. The
amendment to section 401.22,
VerDate Aug<31>2005
15:59 Jan 19, 2007
Jkt 211001
‘‘Preclearance of vessels’’, will 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
revised to eliminate the requirement
that a representative of a vessel must
submit 3 copies of a preclearance form
since the Manager no longer issues 3
copies of the form.
The SLSDC is making two
amendments to the joint regulations
pertaining to Seaway Navigation. Under
section 401.40, ‘‘Entering a lock’’, the
SLSDC is renaming the section and
adding 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
requires 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
added to clarify that the requirement to
use the automated ticked dispensers
only applies to vessels transiting
Canadian locks since there are no
automated ticket dispensers at the U.S.
locks.
The SLSDC is making several
clarifying/editorial changes in the joint
Seaway regulations pertaining to
Dangerous Cargo. Revised 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’’, clarifies that the
Seaway(s) issue Seaway Explosives
Permission Letters rather than permits.
In the regulations pertaining to
general requirements, the SLSDC makes
one amendment. Under section 401.93,
‘‘Access to Seaway property,’’ the word
‘‘swim’’ is 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 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.
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
2619
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.
Accordingly, the Saint Lawrence
Seaway Development Corporation
amends 33 CFR part 401, Regulations
and Rules, as follows:
I
PART 401—SEAWAY REGULATIONS
AND RULES
Subpart A—Regulations
1. The authority citation for subpart A
of part 401 continues to read as follows:
I
Authority: 33 U.S.C. 983(a) and 984(a)(4),
as amended; 49 CFR 1.52, unless otherwise
noted.
E:\FR\FM\22JAR1.SGM
22JAR1
2620
Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Rules and Regulations
2. In § 401.2 paragraph (k) is revised
to read as follows:
I
§ 401.2
Interpretation.
*
*
*
*
*
(k) Seaway Station means a radio
station operated by the Corporation or
the Manager. (Refer to 401.62. Seaway
Stations for the list and location of
stations).
*
*
*
*
*
I 3. In § 401.8 paragraph (c) is 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.
I 4. Section 401.12 paragraph (a)
introductory text is revised to read as
follows:
§ 401.12 Minimum requirements—mooring
lines and fairleads.
(a) Unless otherwise permitted by the
officer the 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:
*
*
*
*
*
I 5. In § 401.22 paragraph (c) is revised
to read as follows:
§ 401.22
Preclearance of vessels.
*
*
*
*
*
(c) Unless otherwise permitted by an
officer a non-commercial vessel of 300
gross registered tonnage or less cannot
apply for preclearance status and must
transit as a pleasure craft.
*
*
*
*
*
I 6. § 401.24 is revised as follows:
§ 401.24
Application for preclearance.
sroberts on PROD1PC70 with RULES
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.
I 7. In § 401.40 the section heading is
revised, paragraphs (b) and (c) are
redesignated as paragraphs (c) and (d),
respectively, and a new paragraph (b) is
added to read as follows:
§ 401.40
Lock.
Entering, Exiting or Position in
*
*
*
*
*
(b) No vessel shall depart a lock in
such a manner that the stern passes the
VerDate Aug<31>2005
15:59 Jan 19, 2007
Jkt 211001
stop symbol on the lock wall nearest the
closed gates.
*
*
*
*
*
I 8. In § 401.58 paragraph (b) is revised
to read as follows:
side to prevent any metallic part of the
vessel from touching the side of a dock
or lock wall.
I 11. In § 401.72 paragraph (b) is revised
to read as follows:
§ 401.58
§ 401.72 Reporting—explosive and
hazardous cargo vessels.
Pleasure craft scheduling.
*
*
*
*
*
(b) Every pleasure craft seeking to
transit Canadian Locks shall stop at a
pleasure craft dock and arrange for
transit by contacting the lock personnel
using the direct-line phone and make
the lockage fee payment by purchasing
a ticket using the automated ticket
dispensers.
I 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) of this section, 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.
*
*
*
*
*
I 10. § 401.70 is revised to read as
follows:
§ 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
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
*
*
*
*
*
(b) Every explosive vessel requiring a
Seaway Explosives Permission Letter
shall, when reporting in, give the
number of its Seaway Explosives
Permission Letter.
*
*
*
*
*
I 12. In § 401.93 paragraph (b) is 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 January 11,
2007.
Saint Lawrence Seaway Development
Corporation.
Collister Johnson, Jr.,
Administrator.
[FR Doc. E7–814 Filed 1–19–07; 8:45 am]
BILLING CODE 4910–61–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[EPA–HQ–OAR–2003–0156; FRL–8272–2]
RIN 2060–AN91
Standards of Performance for New
Stationary Sources and Emission
Guidelines for Existing Sources: Other
Solid Waste Incineration Units:
Reconsideration
Environmental Protection
Agency (EPA).
ACTION: Notice of final action on
reconsideration.
AGENCY:
SUMMARY: On December 16, 2005, EPA
published final rules entitled,
‘‘Standards of Performance for New
Stationary Sources and Emission
Guidelines for Existing Sources: Other
Solid Waste Incineration Units.’’
Following that final action, the
Administrator received a petition for
reconsideration. In response to the
petition, on June 28, 2006, EPA
announced our reconsideration of
whether SSI should be excluded from
the other solid waste incineration units
(OSWI) rules and requested comment on
E:\FR\FM\22JAR1.SGM
22JAR1
]]>Agencies
[Federal Register Volume 72, Number 13 (Monday, January 22, 2007)]
[Rules and Regulations]
[Pages 2618-2620]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-814]
-----------------------------------------------------------------------
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: 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;
Dangerous Cargo; and, General. These amendments are necessary to take
account of updated procedures and will enhance the safety of transits
through the Seaway. Several of the amendments are merely editorial or
for clarification of existing requirements.
DATES: Effective date: This rule is effective February 21, 2007.
Comment date: Any party wishing to present views on the final rule
may file comments with the Corporation on or before February 21, 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 am
and 5 pm, 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; Dangerous Cargo; and, General. These
updates are necessary to take account of updated procedures which will
enhance the safety of transits through the Seaway.
[[Page 2619]]
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.
A Notice of Proposed Rulemaking was published on December 4, 2006
(71 FR 70336). Interested parties have been afforded an opportunity to
comment. While no public comments were received, the SLSDC is making a
few minor editorial changes to the final rule in order to ensure
consistency between the final rules published in each jurisdiction.
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 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
adding 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 will aid in clarifying the location to which
a vessel must provide its 96 hours notice of arrival.
The SLSDC is making two amendments to the joint regulations
pertaining to the Condition of Vessels. Under section 401.8, ``Landing
booms'', the SLSDC is requiring vessels that are equipped with landing
booms, but not using them, to use the Seaway's tie-up service at
approach walls. This amendment clarifies 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 providing
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 being made. The amendment to section 401.22,
``Preclearance of vessels'', will 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 revised to eliminate the
requirement that a representative of a vessel must submit 3 copies of a
preclearance form since the Manager no longer issues 3 copies of the
form.
The SLSDC is making two amendments to the joint regulations
pertaining to Seaway Navigation. Under section 401.40, ``Entering a
lock'', the SLSDC is renaming the section and adding 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
requires 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 added to clarify
that the requirement to use the automated ticked dispensers only
applies to vessels transiting Canadian locks since there are no
automated ticket dispensers at the U.S. locks.
The SLSDC is making several clarifying/editorial changes in the
joint Seaway regulations pertaining to Dangerous Cargo. Revised
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'', clarifies that the Seaway(s) issue Seaway Explosives
Permission Letters rather than permits.
In the regulations pertaining to general requirements, the SLSDC
makes one amendment. Under section 401.93, ``Access to Seaway
property,'' the word ``swim'' is 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 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 amends
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.
[[Page 2620]]
0
2. In Sec. 401.2 paragraph (k) is revised to read as follows:
Sec. 401.2 Interpretation.
* * * * *
(k) Seaway Station means a radio station operated by the
Corporation or the Manager. (Refer to 401.62. Seaway Stations for the
list and location of stations).
* * * * *
0
3. In Sec. 401.8 paragraph (c) is 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.
0
4. Section 401.12 paragraph (a) introductory text is revised to read as
follows:
Sec. 401.12 Minimum requirements--mooring lines and fairleads.
(a) Unless otherwise permitted by the officer the 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:
* * * * *
0
5. In Sec. 401.22 paragraph (c) is revised to read as follows:
Sec. 401.22 Preclearance of vessels.
* * * * *
(c) Unless otherwise permitted by an officer a non-commercial
vessel of 300 gross registered tonnage or less cannot apply for
preclearance status and must transit as a pleasure craft.
* * * * *
0
6. Sec. 401.24 is 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.
0
7. In Sec. 401.40 the section heading is revised, paragraphs (b) and
(c) are redesignated as paragraphs (c) and (d), respectively, and a new
paragraph (b) is added to read as follows:
Sec. 401.40 Entering, Exiting or Position in 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.
* * * * *
0
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 pleasure craft dock and arrange for transit by contacting the
lock personnel using the direct-line phone and make the lockage fee
payment by purchasing a ticket using the automated ticket dispensers.
0
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) of this section, 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.
* * * * *
0
10. Sec. 401.70 is 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.
0
11. In Sec. 401.72 paragraph (b) is 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.
* * * * *
0
12. In Sec. 401.93 paragraph (b) is revised to read as follows:
Sec. 401.93 Access to Seaway property.
* * * * *
(b) Except as authorized by an officer or by the Seaway Property
Regulations or its successors, no person shall enter upon any land or
structure of the Manager or the Corporation or in any Seaway canal or
lock area.
Issued at Washington, DC on January 11, 2007.
Saint Lawrence Seaway Development Corporation.
Collister Johnson, Jr.,
Administrator.
[FR Doc. E7-814 Filed 1-19-07; 8:45 am]
BILLING CODE 4910-61-P
