Seaway Regulations and Rules: Periodic Update, Various Categories, 9950-9954 [E8-3323]

Agencies

• Saint Lawrence Seaway Development Corporation
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 73, Number 37 (Monday, February 25, 2008)]
[Rules and Regulations]
[Pages 9950-9954]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3323]


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DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 401

[Docket No. SLSDC 2007-0005]
RIN 2135-AA27


Seaway Regulations and Rules: Periodic Update, Various Categories

AGENCY: Saint Lawrence Seaway Development Corporation, DOT.

ACTION: Final rule.

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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 
Regulations and Rules in various categories. The changes will update 
the following sections of the Regulations and Rules: Condition of 
Vessels; Seaway Navigation; and, Information and Reports. The SLSDC is 
seeking to harmonize the ballast water requirements for vessels 
transiting the U.S. waters of the Seaway after having operated outside 
the exclusive economic zone (EEZ) with those currently required by 
Canadian authorities for transit in waters under Canadian jurisdiction 
of the Seaway. These amendments are necessary to take account of 
updated procedures and will eliminate the confusion regarding the 
requirements for saltwater flushing in the binational waters of the 
Seaway System.

DATES: The final rule will be effective March 26, 2008.

FOR FURTHER INFORMATION CONTACT: Carrie Bedwell Mann, Chief Counsel, 
Saint Lawrence Seaway Development Corporation, 1200 New Jersey Avenue, 
SE., 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 will update the following sections of the 
Regulations and Rules: Condition of Vessels; Seaway Navigation; and, 
Information and Reports. The SLSDC is seeking to harmonize the ballast 
water requirements for vessels transiting the U.S. waters of the Seaway 
after having operated outside the exclusive economic zone (EEZ) with 
those currently required by Canadian authorities for transit in waters 
under Canadian jurisdiction of the Seaway. These updates are necessary 
to take account of updated procedures which will enhance the safety of 
transits through the Seaway and eliminate the confusion regarding the 
requirements for saltwater flushing of ballast tanks containing only 
residual amounts of water and/or sediment in the binational waters of 
the Seaway. Several of the amendments are merely editorial or 
clarification of existing requirements. Where new requirements or 
regulations are being 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 the U.S. Department of Transportation's complete Privacy 
Act Statement in the Federal Register published on April 11, 2000 
(Volume 65, Number 70; Pages 19477-19478) or you may visit https://
www.Regulations.gov.

Discussion of Comments

    From the Notice of Proposed Rulemaking, 72 FR 74247, we received 15 
letters or other forms of correspondence on the proposed regulation 
requiring saltwater flushing of ballast water tanks that contain 
residual amounts of water and/or sediment. Comments were received from: 
Congressman Vernon J. Ehlers, Minnesota Pollution Control Agency, Great 
Lakes Commission, Wisconsin Department of Natural Resources, Shipping 
Federation of Canada, McCabe Chapter of IWLA, National Oceanic and 
Atmospheric Administration, National Environmental Coalition on 
Invasive Species, Great Lakes United/Save The River/Alliance for the 
Great Lakes, Natural Resources Defense Council, the Polish Steamship 
Company, Ontario Ministry of Natural Resources, and 3 private citizens: 
Bruce Lindgren, Claire Duquette, and Dick Schwab. Most letters 
contained more than one comment on this issue. These included general 
comments as well as specific comments. We address the general comments 
first and then the specific comments. We did not receive any comments 
on the remaining proposed revisions to the joint Seaway regulations.

General Comments

    All 15 comments supported the proposed regulations. Eleven (11) of 
the commenters: Congressman Ehlers, McCabe Chapter of the IWLA, the 
Wisconsin Department of Natural Resources, Great Lakes Commission, 
National Oceanic and Atmospheric Administration, National Environmental 
Coalition on Invasive Species, Great Lakes United, National Wildlife 
Federation, National Resources Defense Council, Mr. Schwab and Mr. 
Lindgren, stated that while the regulation is an important step in the 
right direction, more needs to be done to reduce invasions of aquatic 
nuisance species (ANS).
    The SLSDC agrees with these comments and wants to emphasize that 
this regulation is intended to be an interim solution while the U.S. 
Coast Guard, the lead Federal agency charged with regulating ballast 
water discharges, completes its ballast water discharge standard 
rulemaking and the U.S. Congress continues work on National legislation 
to address this important issue. We will continue to work with the U.S. 
Coast Guard and our Canadian counterparts on efforts to combat the 
introduction of aquatic nuisance species. We will share the comments 
received in this docket with the U.S. Coast Guard to aid in their 
efforts to develop a discharge standard.
    Seven (7) commenters: McCabe Chapter of the IWLA, Congressman 
Ehlers, Shipping Federation of Canada, Minnesota Pollution Control 
Agency, National Environmental Coalition on Invasive Species, Great 
Lakes United, National Wildlife Federation, acknowledge and support the 
need to harmonize the U.S. regulations with the Canadian regulations 
requiring saltwater

[[Page 9951]]

flushing for vessels transiting the Seaway. The Polish Steamship 
Company acknowledged that this regulation will not result in any 
economic hardship to the company since its vessels are already required 
to conduct saltwater flushing 200 miles out at sea.
    We agree that harmonization of the saltwater flushing requirements 
for vessels transiting the binational waters of the Seaway system after 
having operated outside the EEZ will provide consistency between the 
U.S. and Canadian requirements for those vessels regardless of their 
port of destination. There has been a joint inspection program for both 
safety and environmental issues conducted in Montreal, Quebec for quite 
some time; however, this regulation will now provide inspectors with 
consistent requirements by both countries. Inspection personnel from 
all agencies will be inspecting vessels utilizing the same criteria.

Specific Comments

    A majority of the commenters suggest making changes to the scope of 
the regulation. Six (6) commenters: Great Lakes Commission, Minnesota 
Pollution Control Agency, National Environmental Coalition on Invasive 
Species, Great Lakes United, National Resources Defense Council, 
Ontario Ministry of Natural Resources, propose that the requirements 
should apply to Canadian and U.S. flagged vessels that operate outside 
the EEZ. One commenter, Great Lakes United, further proposed 
harmonizing the proposed rule with the Canadian rules that state the 
regulations apply to every ship in waters under Canadian jurisdiction. 
Great Lakes United would like the regulation clarified to state that if 
vessels are not covered by the U.S. Coast Guard regulations, the Seaway 
regulations would apply. They believe that this creates a loophole and 
not all oceangoing vessels will be required to conduct saltwater 
flushing.
    The intent of the U.S. regulation is to make consistent the 
requirements for vessels operating in the Seaway. The Canadian 
regulations require that Canadian vessels operating outside the EEZ 
conduct saltwater flushing. Additionally, the Canadian regulations 
apply to U.S. flagged vessels after operating outside the EEZ as well. 
We agree with the commenters and have modified the language of the rule 
to include U.S. and Canadian flagged vessels that have operated outside 
the EEZ in order to harmonize the rules with the Canadian requirements 
already in effect in the Canadian waters of the Seaway. Thus, all 
oceangoing vessels will be required to conduct saltwater flushing of 
ballast water tanks containing residual amounts of ballast water and/or 
sediment prior to entering the Seaway. The vessels are inspected at 
Montreal by the relevant agencies with jurisdiction over vessels en 
route to the Great Lakes, the two Seaway Corporations, U.S. Coast 
Guard, and Transport Canada, to ensure compliance with all ballast 
water requirements.
    One commenter, Minnesota Pollution Control Agency, recommends 
modifying 401.30(f)(1) to include vessels with no pumpable ballast on 
board. The commenter suggested that the proposed language was not clear 
whether the saltwater flushing requirement would apply to vessels 
declaring ``No Ballast Onboard'' (NOBOB).
    The joint regulation pertains to tanks containing residual amounts 
of water and/or sediment regardless of whether the vessel is a 
``Ballast on Board'' (BOB) or NOBOB vessel. Again, it is important to 
note that the U.S. Coast Guard is the lead agency for regulating 
ballast water discharges and is working on a ballast water discharge 
standard that would apply to all ballast water discharges regardless of 
whether the discharge is from a full tank or one containing only 
residual amounts of water and/ or sediment.
    Six commenters: Great Lakes Commission, Minnesota Pollution Control 
Agency, National Environmental Coalition on Invasive Species, Great 
Lakes United, National Wildlife Federation and the Ontario Ministry of 
Natural Resources, also suggested that the requirements should apply to 
all vessels including those operating exclusively within the U.S. and/
or Canadian exclusive economic zone.
    The rule is intended to be consistent with the Canadian 
requirements already in force for the Canadian waters of the Seaway. 
The Canadian requirements for saltwater flushing do not apply to 
vessels operating exclusively inside the Canadian EEZ. We will share 
these comments with Transport Canada and the U.S. Coast Guard.
    Several commenters suggested strengthening the saltwater flushing 
requirements. One commenter, Great Lakes United, also proposes changing 
the word ``should'' in the definition of saltwater flushing to 
``shall'' in two places. The commenter states that ``given the 
limitation for safety, there is no reason not to require as much water 
as is safe rather than recommend it''. Additionally, they suggest that 
there is no reason not to require taking care to eliminate fresh or 
brackish water.
    The SLSDC agrees with this comment and has revised the proposed 
language in 401(f)(1) to reflect this suggestion.
    One commenter, National Wildlife Federation, suggested adding more 
detail to the requirements for saltwater flushing such as:
     maximizing physical expulsion as well as salinity shock;
     specifying how quickly salinity of at least 30 parts per 
thousand (ppt) must be attained and how long residual organisms are 
exposed to salinity levels;
     clarifying that the salinity requirement applies to 
residual water that is already highly saline; and
     requiring saltwater flushing occur where the water depth 
is at least 2,000 meters.
    The SLSDC appreciates receiving these suggestions that would 
strengthen the requirements for saltwater flushing; however, these 
requirements are not consistent with harmonizing the U.S. regulations 
with the Canadian regulations for vessels operating in the Seaway. We 
agree that effective ballast water management practices are necessary 
and will share these comments with the U.S. Coast Guard and Transport 
Canada.
    One commenter, National Wildlife Federation, suggests that the 
salinity requirement should apply to sediment as well as resultant 
residual water.
    This is in the definition of saltwater flushing taken from the 
Canadian and U.S. Coast Guard Best Management Practices.
    Several comments centered on recordkeeping and compliance 
requirements. One commenter, Congressman Ehlers, urges vigorous 
enforcement of the new requirements through extensive monitoring and 
severe fines and penalties for violators. Three commenters: Minnesota 
Pollution Control Agency, Great Lakes United and the National Wildlife 
Federation, urge the SLSDC to strengthen the recordkeeping and 
reporting requirements related to achieving the required salinity in 
each tank to a minimum of 30 parts per thousand. The Minnesota 
Pollution Control Agency requests that the regulation be modified to 
explicitly require the measurements of salinity and records of the 
measurement time, date and geographic location of the vessel when the 
measurement was taken. One commenter, Great Lakes United, wants public 
access to information general from the reporting and enforcement.
    The agencies with jurisdiction over vessels en route to the Great 
Lakes basin: the two Seaway Corporations, the U.S. Coast Guard and 
Transport Canada will be inspecting the vessels entering

[[Page 9952]]

the Seaway for compliance with ballast water management requirements. 
The inspectors will verify the accuracy of the information on the 
ballast water management report forms. The reporting form (and 
instructions) for ballast water management required to be completed 
prior to entering the Seaway will be available on the Seaway binational 
Web site at https://www.greatlakes-seaway.com prior to the opening of 
the 2008 navigation season. At the end of each navigation season, the 
agencies will publish a ballast water inspection report summary which 
will be made available to the public on the binational Web site.
    One commenter, Great Lakes United, proposes revising Sec.  
401.30(g) by changing ``taken aboard'' to ``while'' to ensure that 
noncompliant ballast water will not be released in the St. Lawrence 
River or Great Lakes even if no additional water is taken on.
    One (1) commenter, Shipping Federation of Canada, proposed revising 
the language in 401.30(f) to make it clear that the ballast water 
should be retained only in a tank that is found to be noncompliant as 
opposed to requiring the entire ship to retain all ballast water in all 
tanks, even compliant tanks.
    The SLSDC agrees with this proposal and has modified the regulation 
to clarify that only a tank that is found noncompliant will be required 
to retain any ballast water while in the Seaway. In addition, the SLSDC 
revised the regulation based on the Great Lakes United suggestion to 
make clear that the water from the noncompliant tank is not to be 
discharged while the vessel is in the Seaway.
    Several commenters noted a typographical error in 401.30(f)(1) 
regarding the definition of saltwater flushing. The proposed rule 
refers to mixing ``freshwater'' with ballast water, when it should say 
either ``saltwater'' or flush water''.
    The final rule has been corrected to state flushwater in order to 
be consistent with the Canadian definition.

Discussion of Final Rule

    In addition to the changes to the ballast water management 
requirements, the SLSDC is making changes to other sections of the 
joint regulations. The SLSDC is making one amendment to the Condition 
of Vessels section of the joint Seaway regulations. In Sec.  401.12, 
``Minimum requirements--mooring lines and fairleads'', the language is 
modified to provide vessels the option of using mooring lines that are 
either wire or synthetic based upon the length of the vessel. Since 
mooring lines can be wire or synthetic some smaller vessels have 
presented themselves for transit with a mix of mooring wires/and or 
synthetic lines. Synthetic lines or hawsers are sufficient to moor the 
smaller vessels and mooring wire is more than capable of mooring the 
smaller vessels, therefore the use of either wire or synthetic lines 
will be acceptable.
    Several amendments to the joint regulations pertaining to Seaway 
Navigation are being made. In Sec.  401.34, ``Vessels in tow'', the 
SLSDC is adding a provision that would require every vessel in tow be 
inspected prior to every transit. The SLSDC is making this amendment to 
ensure navigation safety through inspection of all vessels even when a 
vessel is in tow. Currently such vessels are being inspected; however, 
this change will make it a mandatory requirement.
    As discussed above, the SLSDC is amending the joint regulations in 
Sec.  401.30, ``Ballast water and trim''. The amendment seeks to 
harmonize the requirements for saltwater flushing of ballast water 
tanks containing residual amounts of ballast water and/or sediment with 
the requirements already in place for vessels transiting Canadian 
waters of the Seaway System. Vessels transiting the Seaway traverse 
Canadian and U.S. waters multiple times en route to ports in the Great 
Lakes St. Lawrence Seaway System. The amendments would make the 
requirements for oceangoing vessels to conduct saltwater flushing of 
each ballast water tank that contains residual amounts of ballast water 
and/or sediment the same whether the vessel is transiting U.S. or 
Canadian waters of the Seaway after having operated outside the EEZ. 
The requirement for saltwater flushing of ballast tanks is intended to 
mirror the regulations already in effect in waters under Canadian 
jurisdiction for vessels transiting the Seaway.
    Specifically, the SLSDC, in agreement with the SLSMC, is amending 
the Seaway Regulations and Rules by adding new subsections (f) and (g) 
to Sec.  401.30, ``Ballast water and trim.'' These new subsections will 
require that, as a condition of transiting the Seaway, every vessel 
must conduct a saltwater flushing of its ballast tanks that contain 
residual amounts of ballast water in an area 200 nautical miles from 
any shore before entering waters under Canadian jurisdiction. Saltwater 
flushing is defined as the addition of midocean water to ballast water 
tanks: the mixing of the flushwater with residual water and sediment 
through the motion of the vessel; and the discharge of the mixed water. 
The resultant residual water remaining in the tank must have a salinity 
level of at least 30 parts per thousand (ppt). Further, each vessel 
must maintain the ability to measure salinity levels in each tank 
onboard the vessel so that final salinities of at least 30 parts per 
thousand can be ensured. Any vessel that has tanks that fail to reach 
this salinity level will be required to retain any water in those tanks 
until it exits the Seaway.
    In addition, the SLSDC and SLSMC will continue to require that as a 
mandatory prerequisite for clearance of a vessel for transit of the 
Seaway System after operating beyond the EEZ, the vessel must agree to 
comply with the ``Code of Best Practices for Ballast Water Management'' 
of the Shipping Federation of Canada dated September 28, 2000.
    In light of the amount of interest and activity regarding control 
of aquatic nuisance species (ANS) at all levels of government, 
especially in the U.S. Congress and the U.S. Coast Guard, the joint 
regulations will be reviewed and revised once either National 
legislation and/or regulations are issued that would pertain directly 
to this issue. In the meantime, this measure is intended to be an 
interim solution.
    In Sec.  401.40, ``Entering, exiting, or position in lock'', the 
SLSDC will prohibit a vessel, when it is being cast off in a lock, from 
departing in a manner that the stern passes the stop symbol on the 
local wall nearest the closed gates. Occasionally vessels drift 
backward in the lock while the mooring lines are being released; 
preventing the vessel's stern from passing the stop symbol will protect 
the vessel and the lock gates from possible damage.
    Other changes made to the joint regulations, including one to the 
regulations pertaining to Information and Reports, are merely editorial 
or for clarification purposes.

Regulatory Evaluation

    This regulation is significant because of significant public 
interest in measures that address aquatic nuisance species and has been 
reviewed by the Office of Management and Budget.

Regulatory Flexibility Act Determination

    I certify this regulation will not have a significant economic 
impact on a substantial number of small entities. The Saint 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.

[[Page 9953]]

Environmental Impact

    This regulation does not require an environmental impact statement 
under the National Environmental Policy Act (49 U.S.C. 4321, et reg.) 
because it is not a major federal action significantly affecting the 
quality of the human environment. The environmental considerations 
applicable to the basic substance of this regulation are essentially 
discussed in the U.S. Coast Guard's Environmental Assessment for its 
May 17, 1999, ``Implementation of the National Invasive Species Act of 
1996'' rulemaking (64 FR 26672) and the U.S. Coast Guard's 
Environmental Assessment for its August 31, 2005, ``Ballast Water 
Management for Vessels Entering the Great Lakes That Declare No Ballast 
Onboard'' (71 FR 4605).

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 proposal 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.


0
2. In Sec.  401.12 paragraphs (a)(1) introductory text; (a)(1)(i), 
(a)(2) introductory text, (a)(3) introductory text, and (a)(4) 
introductory text are revised to read as follows:


Sec.  401.12  Minimum requirements--mooring lines and fairleads.

    (a) * * * * *
    (1) Vessels of 80 m or less in overall length shall have at least 
three mooring lines--wires or synthetic hawsers, two of which shall be 
independently power operated and one of which shall be hand held:
    (i) One line shall lead forward from the break of the bow and one 
line shall lead astern from the quarter and be independently power 
operated by winches, capstans or windlasses and lead through closed 
chocks or fairleads acceptable to the Manager and the Corporation; and
* * * * *
    (2) Vessels of more than 80 m but not more than 100 m in overall 
length shall have four mooring lines--wires or synthetic hawsers, of 
which three shall be independently power operated by winches, capstans 
or windlasses and one being hand held. All lines shall be led through 
closed chocks or fairleads acceptable to the Manager and the 
Corporation, of which three mooring lines:
* * * * *
    (3) Vessels of more than 100 m but not more than 120 m in overall 
length shall have four mooring lines--wires or synthetic hawsers 
independently power operated by winches, capstan or windlasses as 
follows:
* * * * *
    (4) Vessels of more than 120 m in overall length shall have four 
mooring lines--wires, two of which shall lead from the break of the bow 
and two of which shall lead from the quarter, and;
* * * * *

0
3. Section 401.27 is revised to read as follows:


Sec.  401.27  Compliance with instructions.

    Every vessel shall comply promptly with transit instructions given 
by the traffic controller or any other officer.

0
4. In Sec.  401.29 paragraph (a) is revised to read as follows:


Sec.  401.29  Maximum draft.

    (a) The draft and speed of a vessel in transit shall be controlled 
by the master, who shall take into account the vessel's individual 
characteristics and its tendency to list or squat, so as to avoid 
striking bottom.\1\
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    \1\ The main channels between the Port of Montreal and Lake Erie 
have a controlling depth of 8.23m.
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* * * * *
0
5. Section 401.30 is amended by adding new paragraphs (f), (g) and (h) 
to read as follows:


Sec.  401.30  Ballast water and trim.

* * * * *
    (f) As a condition of transit of the Seaway after having operated 
outside the exclusive economic zone (EEZ) every vessel that carries 
only residual amounts of ballast water and/or sediment that were taken 
onboard the vessel outside the EEZ shall:
    (1) Conduct a saltwater flushing of their ballast water tanks that 
contain the residual amounts of ballast water and/or sediment in an 
area 200 nautical miles from any shore before entering waters of the 
Seaway. Saltwater flushing is defined as the addition of mid-ocean 
water to ballast water tanks: The mixing of the flushwater with 
residual water and sediment through the motion of the vessel; and the 
discharge of the mixed water, such that the resultant residual water 
remaining in the tank has as high salinity as possible, and is at least 
30 parts per thousand (ppt). The vessel shall take on as much mid-ocean 
water into each tank as is safe (for the vessel and crew) in order to 
conduct saltwater flushing. And adequate flushing may require more than 
one fill-mix-empty sequence, particularly if only small amounts of 
water can be safely taken onboard at one time. The master of the vessel 
is responsible for ensuring the safety of the vessel, crew, and 
passengers. Vessels reporting only residual ballast water onboard shall 
take particular care to conduct saltwater flushing on the transit to 
the Great Lakes so as to eliminate fresh and or brackish water 
residuals in ballast tanks; and
    (2) Maintain the ability to measure salinity levels in each tank 
onboard the vessel so that final salinities of at least 30 ppt can be 
ensured.
    (g) Every tank that is found not in compliance with 401.30(f) shall 
retain any ballast water until it exits the Seaway.
    (h) These requirements do not apply to vessels of the armed forces, 
as defined in the Federal Water Pollution Control Act, or that are 
owned or operated by a state and used in government noncommercial 
service.

0
6. In Sec.  401.31 paragraph (c) introductory text is revised to read 
as follows:

[[Page 9954]]

Sec.  401.31  Meeting and passing.

* * * * *
    (c) Except as instructed by the traffic controller, no vessel shall 
overtake and pass or attempt to overtake and pass another vessel--
* * * * *

0
7. Section 401. 34 is revised to read as follows:


Sec.  401.34  Vessels in tow.

    No vessel that is not self-propelled (including but not limited to 
tug/tows and/or deadship/tows) shall be underway in any Seaway waters 
unless it is securely tied to an adequate tug or tugs, in accordance 
with special instructions given by the Manager or the Corporation 
pursuant to Sec.  401.33. Every vessel in tow has to be inspected prior 
to every transit unless it has a valid Seaway Inspection Certificate. 
The owner/master shall give a 24-hour notice of arrival when an 
inspection is requested.

0
8. Section 401.36 is revised to read as follows:


Sec.  401.36  Order of passing through.

    Vessels shall advance to a lock in the order instructed by the 
traffic controller.

0
9. In Sec.  401.37, paragraph (a) is revised to read as follows:


Sec.  401.37  Mooring at tie-up walls.

    (a) Upon arrival at a lock, a vessel awaiting instructions to 
advance shall moor at the tie-up wall, close up to the designated limit 
or approach sign or to the ship preceding it, whichever is specified by 
the traffic controller or an officer.
* * * * *

0
10. In Sec.  401.40, paragraph (b) is revised to read as follows:


Sec.  401.40  Entering, exiting or position in lock.

* * * * *
    (b) On being cast off in a lock, no vessel shall be allowed to fall 
back in such a manner that the stern passes the stop symbol on the lock 
wall nearest the closed gates.
* * * * *

0
11. In Sec.  401.48, paragraph (a) is revised to read as follows:


Sec.  401.48  Turning basins.

* * * * *
    (a) With permission from the traffic controller; and
* * * * *

0
12. Section 401.49 is revised to read as follows:


Sec.  401.49  Dropping anchor or tying to canal bank.

    Except in an emergency, no vessel shall drop anchor in any canal or 
tie-up to any canal bank unless authorized to do so by the traffic 
controller.

0
13. In Sec.  401.50, the introductory text is revised to read as 
follows:


Sec.  401.50  Anchorage areas.

    Except in an emergency, or unless authorized to do so by the 
traffic controller, no vessel shall drop anchor in any part of the 
Seaway except in the following designated anchorage areas:
* * * * *

0
14. In Sec.  401.51, paragraph (a) is revised to read as follows:


Sec.  401.51  Signaling approach to a bridge.

    (a) Unless a vessel's approach has been recognized by a flashing 
signal, the master shall signal the vessel's presence to the bridge 
operator by VHF radio when it comes abreast of any of the bridge 
whistle signs.
* * * * *

0
15. In Sec.  401.58, paragraph (a) is revised to read as follows:


Sec.  401.58  Pleasure craft scheduling.

    (a) The transit of pleasure craft shall be scheduled by the traffic 
controller or the officer in charge of a lock and may be delayed so as 
to avoid interference with other vessels; and
* * * * *

0
16. Section 401.83 is revised to read as follows:


Sec.  401.83  Reporting position at anchor, wharf, etc.

    A vessel anchoring in a designated anchorage area, or elsewhere, 
and a vessel mooring at a wharf or dock, tying-up to a canal bank or 
being held on a canal bank in any manner shall immediately report its 
position to the traffic controller and it shall not resume its voyage 
without the traffic controller's permission.

     Issued at Washington, DC on February 15, 2008.
    Saint Lawrence Seaway Development Corporation.
Collister Johnson, Jr.,
Administrator.
 [FR Doc. E8-3323 Filed 2-22-08; 8:45 am]
BILLING CODE 4910-61-P