Seaway Regulations and Rules: Periodic Update, Various Categories, 4331-4334 [2010-1608]
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Federal Register / Vol. 75, No. 17 / Wednesday, January 27, 2010 / Proposed Rules
1. The Study was not conducted
according to accepted experimental
design practices and principles.
2. The Study did not properly or fully
describe the fit-testing results.
3. The Study did not establish the
reproducibility of the results generated
by the revised PortaCount® QNFT
protocols.
4. The Study did not demonstrate that
the revised PortaCount® QNFT
protocols will identify respirators with
unacceptable fit as effectively as the
quantitative fit-testing protocols already
listed in Part I.C.3 of Appendix A of
OSHA’s Respiratory Protection
Standard.
5. The reported test-sensitivity value
of 0.91 indicates that revised
PortaCount® QNFT protocol 1 would
allow a substantial number of
employees to pass fit tests with
improperly fitting respirators compared
to a protocol that achieves the 0.95
sensitivity value that ANSI Z88.10–2001
lists as a criterion measure for new fittesting protocols.
6. The Study did not demonstrate that
the revised PortaCount® QNFT
protocols will accurately determine fit
for filtering-facepiece respirators.
Additional validation testing of, or
revisions to, the revised PortaCount®
QNFT protocols may provide new data
that demonstrate the accuracy and
reproducibility of the fit-testing results
generated by these protocols. OSHA
would evaluate any new data and
supporting documentation received,
and, if appropriate, would submit it to
the public for notice and comment. If
the revised protocols are to apply to
filtering-facepiece respirators, then the
resubmission must include appropriate
fit-testing results for these respirators.
Signed at Washington, DC, on January 22,
2010.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2010–1656 Filed 1–26–10; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development
Corporation
33 CFR Part 401
[Docket No. SLSDC–2010–0001]
RIN 2135–AA30
Seaway Regulations and Rules:
Periodic Update, Various Categories
AGENCY: Saint Lawrence Seaway
Development Corporation, DOT.
ACTION: Notice of proposed rulemaking.
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List of Subjects in 29 CFR Part 1910
Fit testing, Hazardous substances,
Health, Occupational safety and health,
Respirators, Toxic substances.
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; Seaway
Navigation; Radio Communications; 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.
Authority and Signature
David Michaels, PhD, MPH, Assistant
Secretary of Labor for Occupational
Safety and Health, U.S. Department of
Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210, directed the
preparation of this notice. Accordingly,
the Agency issues this notice under the
following authorities: Section 4, 6(b),
8(c), and 8(g) of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 653,
655 657); Section 3704 of the Contract
Work Hours and Safety Standards Act
(40 U.S.C. 3701 et seq.); Section 41 of
the Longshore and Harbor Worker’s
Compensation Act (33 U.S.C. 941);
Secretary of Labor’s Order No. 5–2007
(72 FR 31160); and 29 CFR part 1911.
DATES: Any party wishing to present
views on the proposed amendment may
file comments with the Corporation on
or before February 26, 2010.
ADDRESSES: You may submit comments
[identified by Docket Number SLSDC
2010–0001] by any of the following
methods:
• Web site: https://
www.Regulations.gov. Follow the online
instructions for submitting comments/
submissions.
• Fax: 1–202–493–2251.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–001.
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• Hand Delivery: Documents may be
submitted by hand delivery or courier to
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 am and 5
pm, Monday through Friday, except
Federal holidays.
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 at https://
www.Regulations.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://
www.Regulations.gov; or in person at
the Docket Management Facility; U.S.
Department of Transportation, 1200
New Jersey Avenue SE., West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC, between 9 am and 5 pm, Monday
through Friday, except Federal
Holidays.
FOR FURTHER INFORMATION CONTACT:
Carrie Mann Lavigne, Chief Counsel,
Saint Lawrence Seaway Development
Corporation, 180 Andrews Street,
Massena, New York 13662; 315/764–
3200.
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; Seaway
Navigation; Radio Communications; 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
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Federal Register / Vol. 75, No. 17 / Wednesday, January 27, 2010 / Proposed Rules
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://
www.Regulations.gov.
The SLSDC is proposing to amend
two sections of the Condition of Vessels
portion of the joint Seaway regulations.
Under section 401.10, ‘‘Mooring lines’’,
the SLSDC is proposing to permit
vessels with synthetic lines to transit
the Seaway with a spliced eye of 1.8 m
instead of the current 2.4 m. The
SLSMC has conducted tests regarding
the effectiveness of the smaller spliced
eye and has determined that a spliced
eye of 1.8 m for synthetic lines is
sufficient for safety purposes. In
addition, two changes are proposed for
section 401.12, ‘‘Minimum
requirements—mooring lines and
fairleads’’. These proposed amendments
would set specific requirements for each
mooring line to ensure that safety is
maintained through proper use of
appropriate strength wire specific to
vessel size. These changes are being
proposed based on tests conducted by
the SLSMC in conjunction with relevant
stakeholders.
One change is proposed for the
Seaway Navigation section. In section
401.52, ‘‘Limit of Approach to a Bridge’’,
vessels are required to proceed at a safe
speed between whistle posts at bridges
in order to come to a controlled stop
before the limit of an approach sign.
This proposed amendment is due to
recent incidents involving vessels
proceeding at a speed which did not
permit a controlled stop, resulting in
damage to the vessel.
In the Radio Communications section,
two changes are proposed. The changes
to section 401.61, ‘‘Assigned
frequencies’’, and section 401.63, ‘‘Radio
procedure’’, reflect the requirement that
channel 12 is to be used in lieu of
channel 13 in the Seaway Sodus sector.
This change is based on two years of
testing and troubeshooting radio
problems on Lake Ontario that
determined that channel 12 would
provide a more effective communication
medium than does channel 13.
Corresponding edits have been
proposed for Schedule III to reflect the
channel change.
Two changes are proposed to the
‘‘General’’ section. In section 401.90,
‘‘Boarding for inspection’’, vessels will
be required to provide a safe and
approved means of boarding for
inspectors. Currently the pigeon holes
used by inspectors to board vessels
typically fill with ice and snow making
access between the tug and barge a
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safety hazard. In section 401.94,
‘‘Keeping copies of documents’’, a vessel
will be required to keep, in either
electronic or paper form: A copy of the
vessel’s valid inspection report; the
rules and procedures; and, Seaway
Notices for the current navigation year.
The other changes to the joint
regulations are merely editorial or to
clarify existing requirements.
List of Subjects in 33 CFR Part 401
Regulatory Evaluation
PART 401—SEAWAY REGULATIONS
AND RULES
This proposed regulation involves a
foreign affairs function of the United
States and therefore Executive Order
12866 does not apply and evaluation
under the Department of
Transportation’s Regulatory Policies and
Procedures is not required.
Regulatory Flexibility Act
Determination
I certify this proposed regulation will
not have a significant economic impact
on a substantial number of small
entities. The St. Lawrence Seaway
Regulations and Rules primarily relate
to commercial users of the Seaway, the
vast majority of whom are foreign vessel
operators. Therefore, any resulting costs
will be borne mostly by foreign vessels.
Environmental Impact
This proposed regulation does not
require an environmental impact
statement under the National
Environmental Policy Act (49 U.S.C.
4321, et reg.) because it is not a major
Federal action significantly affecting the
quality of the human environment.
Federalism
The Corporation has analyzed this
proposed rule under the principles and
criteria in Executive Order 13132, dated
August 4, 1999, and has determined that
this proposal does not have sufficient
federalism implications to warrant a
Federalism Assessment.
Unfunded Mandates
The Corporation has analyzed this
proposed rule under Title II of the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4, 109 Stat. 48) and
determined that it does not impose
unfunded mandates on State, local, and
tribal governments and the private
sector requiring a written statement of
economic and regulatory alternatives.
Paperwork Reduction Act
This proposed regulation has been
analyzed under the Paperwork
Reduction Act of 1995 and does not
contain new or modified information
collection requirements subject to the
Office of Management and Budget
review.
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Hazardous materials transportation,
Navigation (water), Penalties, Radio,
Reporting and recordkeeping
requirements, Vessels, Waterways.
Accordingly, the Saint Lawrence
Seaway Development Corporation
proposes to amend 33 CFR Part 401,
Regulations and Rules, as follows:
Subpart A—Regulations
1. The authority citation for subpart A
of part 401 continues to read as follows:
Authority: 33 U.S.C. 983(a) and 984(a) (4),
as amended; 49 CFR 1.52, unless otherwise
noted.
2. In § 401.10 revise paragraph (a)(3)
and (b) to read as follows:
§ 401.10
Mooring lines.
(a) * * *
(3) Be fitted with a hand spliced eye
or Flemish type mechanical spliced eye
of not less than 2.4 m long for wire lines
and 1.8 m long spliced eye for approved
synthetic lines;
*
*
*
*
*
(b) Unless otherwise permitted by an
officer, vessels greater than 150 m shall
only use wire mooring lines with a
breaking strength that complies with the
minimum specifications set out in the
table to this section shall be used for
securing a vessel in lock chambers.
*
*
*
*
*
3. In § 401.12 redesignate paragraph
(a)(4) as (a)(3)(iii) and revise paragraphs
(a)(1) introductory text, (a)(2), (a)(3)
introductory text, and (b) introductory
text to read as follows:
§ 401.12 Minimum requirements—mooring
lines and fairleads.
(a) * * *
(1) Vessels of 100 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 if synthetic may be
hand held.
*
*
*
*
*
(2) Vessels of more than 100 m but not
more than 150 m in overall length shall
have three mooring lines—wires or
synthetic hawsers, which shall be
independently power operated by
winches, capstans or windlasses. All
lines shall be led through closed chocks
or fairleads acceptable to the Manager
and the Corporation.
(3) Vessels of more than 150 m in
overall length shall have four mooring
lines—wires, independently power
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Federal Register / Vol. 75, No. 17 / Wednesday, January 27, 2010 / Proposed Rules
§ 401.52
*
*
§ 401.61
*
Assigned frequencies.
The Seaway stations operate on the
following assigned VHF frequencies:
156.8 MHz—(channel 16)—Distress and
Calling.
156.7 MHz—(channel 14)—Working
(Canadian Stations in Sector 1 and
the Welland Canal).
Limit of approach to a bridge.
*
156.6 MHz—(channel 12)—Working
(U.S. Station in Lake Ontario)
156.6 MHz—(channel 12)—Working
(U.S. Stations in Sector 2 of the
River).
156.55 MHz—(channel 11)—Working
(Canadian Stations in Sector 3, Lake
Ontario and Lake Erie).
6. Revise § 401.63 to read as follows:
(c) All vessels are to proceed at a safe
speed between the whistle signs at
bridges so that a controlled stop, if
necessary, can be achieved before the
limit of approach sign at bridges.
5. Revise § 401.61 to read as follows:
operated by the main drums of adequate
power operated winches as follows:
*
*
*
*
*
(b) Unless otherwise permitted by the
officer, the following table sets out the
requirements for the location of
fairleads or closed chocks for vessels of
100 m or more in overall length.
*
*
*
*
*
4. In § 401.52, add a new paragraph
(c) to read as follows:
*
§ 401.63
Radio procedure.
Every vessel shall use the channels of
communication in each control sector as
listed in the table to this section.
CHANNELS OF COMMUNICATION
Control
sector No.
Station
Seaway Beauharnois ...................
Seaway Eisenhower ....................
1
2
Seaway Iroquois ..........................
3
Seaway Clayton ...........................
4
Seaway Sodus .............................
4
Seaway Newcastle ......................
Seaway Welland ..........................
Seaway Long Point .....................
5
6
7
7. In § 401.90, add a new paragraph
(d) to read as follows:
§ 401.90
Call in
Work
C.I.P No. 2 to C.I.P No. 6–7 .......
C.I.P. No. 6–7 to C.I.P. No. 10–
11.
C.I.P. No. 10–11 to Crossover Island.
Crossover Island to Cape Vincent.
Cape Vincent to Mid Lake Ontario.
Mid Lake Ontario to C.I.P. No. 15
C.I.P. No. 15 to C.I.P. No. 16 .....
C.I.P. No. 16 to Long Point .........
Ch. 14 ...............
Ch. 12 ...............
Ch. 14 ...............
Ch. 12 ...............
Ch. 14.
Ch. 12.
Ch. 11 ...............
Ch. 11 ...............
Ch. 11.
Ch. 13 ...............
Ch. 13 ...............
Ch. 13.
Ch. 12 ...............
Ch. 12 ...............
Ch. 16.
Ch. 11 ...............
Ch. 14 ...............
Ch. 11 ...............
Ch. 11 ...............
Ch. 14 ...............
Ch. 11 ...............
Ch. 16.
Ch. 14.
Ch. 16.
access between a tug and a barge shall
be provided.
8. In § 401.94, revise paragraph (a) to
read as follows:
Boarding for inspections.
*
Sector limits
*
*
*
*
(d) Vessels shall provide a safe and
approved means of boarding. Pigeon
holes are not accepted as a means of
boarding and an alternate safe means of
§ 401.94
Keeping copies of regulations.
(a) A copy of these Regulations
(subpart A of part 401), a copy of the
vessel’s valid Vessel Inspection Report
and Seaway Notices for the current
Listening watch
navigation year shall be kept on board
every vessel in transit. For the purposes
of this section, a copy may be kept in
either paper or electronic format.
*
*
*
*
*
9. In the appendix, Schedule III to
Subpart A of Part 401—Calling-in Table,
revise entries 18, 35, and 36 to read as
follows:
SCHEDULE III TO SUBPART A OF PART 401—CALLNG-IN TABLE
C.I.P. and checkpoint
Station to call
*
*
18. Sodus Point .......................................
*
Seaway Sodus
Channel 12
*
*
35. Mid-Lake Ontario-Entering Sector 4 ..
*
Seaway Sodus
Channel 12
Seaway Sodus
Channel 12
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36. Sodus Point .......................................
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Message content
*
1. Name of Vessel.
2. Location.
3. ETA Mid-Lake Ontario.
1.
2.
1.
2.
3.
4.
5.
*
*
*
*
*
*
*
Name of Vessel.
Location.
Name of Vessel.
Location.
Updated ETA Cape Vincent or Lake Ontario Port.
Confirm River Pilot Requirement.
Pilot requirement—Snell Lock and/or Upper Beauharnois Lock (inland vessels
only).
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*
*
Federal Register / Vol. 75, No. 17 / Wednesday, January 27, 2010 / Proposed Rules
*
*
*
Issued at Washington, DC on January 21,
2010.
Saint Lawrence Seaway Development
Corporation.
Collister Johnson, Jr.,
Administrator.
[FR Doc. 2010–1608 Filed 1–26–10; 8:45 am]
BILLING CODE 4910–61–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
46 CFR Part 388
[Docket No. MARAD 2010 0012]
RIN 2133–AB76
Administrative Waivers of the
Coastwise Trade Laws: New Definition
of Eligible Vessels
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AGENCY: Maritime Administration,
Department of Transportation.
ACTION: Notice of proposed rulemaking.
SUMMARY: The Maritime Administration
(MARAD, or we, our, or us) is
publishing this proposed rule to change
the definition of vessels eligible for a
waiver of the coastwise laws under
special provisions of the Coast Guard
Authorization Act of 1998. Under this
measure, and taking into account
several factors, MARAD may waive the
U.S.-build requirement allowing vessels
to operate as small passenger vessels or
uninspected passenger vessels
authorized to carry no more than 12
passengers for hire. The new definition
of ‘‘eligible vessel’’ deletes the
requirement that the vessel be five net
tons or more. That requirement is not in
the enabling statute and, therefore, does
not need to be in the regulations.
DATES: Comments on the proposed rule
are due March 29, 2010.
ADDRESSES: You may submit comments
[identified by DOT DMS Docket Number
MARAD–2010–0012] via any of the
following methods:
Web site/Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
online instructions for submitting
comments on the electronic docket site.
Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., Room PL–401,
Washington, DC 20590–0001.
Hand Delivery: Room PL–401 of the
Department of Transportation, 1200
New Jersey Avenue, SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Instructions: All submissions must
include the agency name and docket
VerDate Nov<24>2008
15:26 Jan 26, 2010
Jkt 220001
number for this rulemaking. Note that
all comments received will be posted
without change to https://
www.regulations.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://
www.regulations.gov at any time or to
Room PL–401 of the Department of
Transportation, 1200 New Jersey
Avenue, SE., Washington, DC, between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Joann Spittle, Office of Cargo Preference
and Domestic Trade, Maritime
Administration, MAR–730, Room W21–
203, 1200 New Jersey Avenue, SE.,
Washington, DC 20590. Telephone:
202–366–5979 or 800–9US–FLAG; email: Joann.Spittle@dot.gov.
SUPPLEMENTARY INFORMATION: Public
Law 105–383, which authorized the
Secretary of Transportation to grant
waivers of the U.S.-build requirement
for the smallest of passenger vessels
(those carrying 12 or fewer passengers)
to operate in the coastwise trade,
contained a provision that the Secretary
of [Homeland Security] may issue a
certificate of documentation with an
appropriate endorsement for
employment in the coastwise trade as a
small passenger vessel or an
uninspected passenger vessel in the case
of an eligible vessel authorized to carry
no more than 12 passengers for hire if
the Secretary of Transportation, after
notice and an opportunity for public
comment, determines that the
employment of the vessel in the
coastwise trade will not adversely
affect—(1) United States vessel builders;
or (2) the coastwise trade business of
any person that employs vessels built in
the United States in that business.
Until now, the term ‘‘eligible vessel’’
was understood to mean a vessel
eligible for U.S. Coast Guard
documentation; therefore our regulation
contained a five net ton minimum
vessel size limit. However, under 46
U.S.C. 12102(b), a vessel of less than
five net tons may engage in the
coastwise trade without documentation,
if the vessel otherwise satisfies the
requirements to engage in the trade.
An unintended consequence of the
present small passenger waiver
regulations is that the Maritime
Administration is unable to grant
waivers to vessels of less than five net
tons, the owners of which may desire to
operate them in coastwise trade. There
is no indication that the statute
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intended this result, because the statute
does not prohibit the granting of waivers
to vessels of under five net tons.
Accordingly, in this proposed rule, the
Maritime Administration will be
increasing the number of eligible vessels
by removing the 5 net ton minimum
requirement for its Small Passenger
Vessel Waiver Program.
Rulemaking Analysis and Notices
Executive Order 12866 and DOT
Regulatory Policies and Procedures
This proposed rule is not significant
under section 3(f) of Executive Order
12866, and as a consequence, OMB did
not review the rule. This proposed
rulemaking is not significant under the
Regulatory Policies and Procedures of
the Department of Transportation (44 FR
11034; February 26, 1979). The costs
and benefits associated with this
rulemaking are considered to be so
minimal that no further regulatory
impact analysis is necessary. Vessels
eligible for a waiver of the coastwise
trade laws will be limited to foreign
built or foreign re-built small passenger
vessels and uninspected passenger
vessels as defined by section 2101 of
Title 46, United States Code.
Additionally, vessels requested for
consideration must be greater than three
years old. We will not grant waivers in
instances where such waivers will have
an unduly adverse effect on U.S. vessel
builders or U.S. businesses that use U.S.
flag vessels. Under Title V, MARAD also
has the authority to revoke coastwise
endorsements under the limited
circumstances in which a foreign-built
or foreign-rebuilt passenger vessel,
previously allowed into service, is
deemed to have obtained such
endorsement through fraud.
Executive Order 13132
We analyzed this rulemaking in
accordance with the principles and
criteria contained in E.O. 13132
(‘‘Federalism’’) and have determined that
it does not have sufficient Federalism
implications to warrant the preparation
of a Federalism summary impact
statement. The regulations herein have
no substantial effects on the States, or
on the current Federal-State
relationship, or on the current
distribution of power and
responsibilities among the various local
officials. Therefore, MARAD did not
consult with State and local officials
because it was not necessary.
Regulatory Flexibility Act
The Regulatory Flexibility Act
requires MARAD to assess the impact
that regulations will have on small
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]]>Agencies
[Federal Register Volume 75, Number 17 (Wednesday, January 27, 2010)]
[Proposed Rules]
[Pages 4331-4334]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1608]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development Corporation
33 CFR Part 401
[Docket No. SLSDC-2010-0001]
RIN 2135-AA30
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; Seaway Navigation; Radio Communications; 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 February 26, 2010.
ADDRESSES: You may submit comments [identified by Docket Number SLSDC
2010-0001] by any of the following methods:
Web site: https://www.Regulations.gov. Follow the online
instructions for submitting comments/submissions.
Fax: 1-202-493-2251.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-001.
Hand Delivery: Documents may be submitted by hand delivery
or courier to West Building Ground Floor, Room W12-140, 1200 New Jersey
Avenue, SE., Washington, DC, between 9 am and 5 pm, Monday through
Friday, except Federal holidays.
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 at https://www.Regulations.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://www.Regulations.gov; or in person at
the Docket Management Facility; U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue, SE., Washington, DC, between 9 am and 5 pm, Monday
through Friday, except Federal Holidays.
FOR FURTHER INFORMATION CONTACT: Carrie Mann Lavigne, Chief Counsel,
Saint Lawrence Seaway Development Corporation, 180 Andrews Street,
Massena, New York 13662; 315/764-3200.
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; Seaway Navigation;
Radio Communications; 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
[[Page 4332]]
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://www.Regulations.gov.
The SLSDC is proposing to amend two sections of the Condition of
Vessels portion of the joint Seaway regulations. Under section 401.10,
``Mooring lines'', the SLSDC is proposing to permit vessels with
synthetic lines to transit the Seaway with a spliced eye of 1.8 m
instead of the current 2.4 m. The SLSMC has conducted tests regarding
the effectiveness of the smaller spliced eye and has determined that a
spliced eye of 1.8 m for synthetic lines is sufficient for safety
purposes. In addition, two changes are proposed for section 401.12,
``Minimum requirements--mooring lines and fairleads''. These proposed
amendments would set specific requirements for each mooring line to
ensure that safety is maintained through proper use of appropriate
strength wire specific to vessel size. These changes are being proposed
based on tests conducted by the SLSMC in conjunction with relevant
stakeholders.
One change is proposed for the Seaway Navigation section. In
section 401.52, ``Limit of Approach to a Bridge'', vessels are required
to proceed at a safe speed between whistle posts at bridges in order to
come to a controlled stop before the limit of an approach sign. This
proposed amendment is due to recent incidents involving vessels
proceeding at a speed which did not permit a controlled stop, resulting
in damage to the vessel.
In the Radio Communications section, two changes are proposed. The
changes to section 401.61, ``Assigned frequencies'', and section
401.63, ``Radio procedure'', reflect the requirement that channel 12 is
to be used in lieu of channel 13 in the Seaway Sodus sector. This
change is based on two years of testing and troubeshooting radio
problems on Lake Ontario that determined that channel 12 would provide
a more effective communication medium than does channel 13.
Corresponding edits have been proposed for Schedule III to reflect the
channel change.
Two changes are proposed to the ``General'' section. In section
401.90, ``Boarding for inspection'', vessels will be required to
provide a safe and approved means of boarding for inspectors. Currently
the pigeon holes used by inspectors to board vessels typically fill
with ice and snow making access between the tug and barge a safety
hazard. In section 401.94, ``Keeping copies of documents'', a vessel
will be required to keep, in either electronic or paper form: A copy of
the vessel's valid inspection report; the rules and procedures; and,
Seaway Notices for the current navigation year. The other changes to
the joint regulations are merely editorial or to clarify existing
requirements.
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. 401.10 revise paragraph (a)(3) and (b) to read as
follows:
Sec. 401.10 Mooring lines.
(a) * * *
(3) Be fitted with a hand spliced eye or Flemish type mechanical
spliced eye of not less than 2.4 m long for wire lines and 1.8 m long
spliced eye for approved synthetic lines;
* * * * *
(b) Unless otherwise permitted by an officer, vessels greater than
150 m shall only use wire mooring lines with a breaking strength that
complies with the minimum specifications set out in the table to this
section shall be used for securing a vessel in lock chambers.
* * * * *
3. In Sec. 401.12 redesignate paragraph (a)(4) as (a)(3)(iii) and
revise paragraphs (a)(1) introductory text, (a)(2), (a)(3) introductory
text, and (b) introductory text to read as follows:
Sec. 401.12 Minimum requirements--mooring lines and fairleads.
(a) * * *
(1) Vessels of 100 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 if synthetic may be hand held.
* * * * *
(2) Vessels of more than 100 m but not more than 150 m in overall
length shall have three mooring lines--wires or synthetic hawsers,
which shall be independently power operated by winches, capstans or
windlasses. All lines shall be led through closed chocks or fairleads
acceptable to the Manager and the Corporation.
(3) Vessels of more than 150 m in overall length shall have four
mooring lines--wires, independently power
[[Page 4333]]
operated by the main drums of adequate power operated winches as
follows:
* * * * *
(b) Unless otherwise permitted by the officer, the following table
sets out the requirements for the location of fairleads or closed
chocks for vessels of 100 m or more in overall length.
* * * * *
4. In Sec. 401.52, add a new paragraph (c) to read as follows:
Sec. 401.52 Limit of approach to a bridge.
* * * * *
(c) All vessels are to proceed at a safe speed between the whistle
signs at bridges so that a controlled stop, if necessary, can be
achieved before the limit of approach sign at bridges.
5. Revise Sec. 401.61 to read as follows:
Sec. 401.61 Assigned frequencies.
The Seaway stations operate on the following assigned VHF
frequencies:
156.8 MHz--(channel 16)--Distress and Calling.
156.7 MHz--(channel 14)--Working (Canadian Stations in Sector 1 and the
Welland Canal).
156.6 MHz--(channel 12)--Working (U.S. Station in Lake Ontario)
156.6 MHz--(channel 12)--Working (U.S. Stations in Sector 2 of the
River).
156.55 MHz--(channel 11)--Working (Canadian Stations in Sector 3, Lake
Ontario and Lake Erie).
6. Revise Sec. 401.63 to read as follows:
Sec. 401.63 Radio procedure.
Every vessel shall use the channels of communication in each
control sector as listed in the table to this section.
Channels of Communication
--------------------------------------------------------------------------------------------------------------------------------------------------------
Control
Station sector No. Sector limits Call in Work Listening watch
--------------------------------------------------------------------------------------------------------------------------------------------------------
Seaway Beauharnois................. 1 C.I.P No. 2 to C.I.P Ch. 14................ Ch. 14................ Ch. 14.
No. 6-7.
Seaway Eisenhower.................. 2 C.I.P. No. 6-7 to Ch. 12................ Ch. 12................ Ch. 12.
C.I.P. No. 10-11.
Seaway Iroquois.................... 3 C.I.P. No. 10-11 to Ch. 11................ Ch. 11................ Ch. 11.
Crossover Island.
Seaway Clayton..................... 4 Crossover Island to Ch. 13................ Ch. 13................ Ch. 13.
Cape Vincent.
Seaway Sodus....................... 4 Cape Vincent to Mid Ch. 12................ Ch. 12................ Ch. 16.
Lake Ontario.
Seaway Newcastle................... 5 Mid Lake Ontario to Ch. 11................ Ch. 11................ Ch. 16.
C.I.P. No. 15.
Seaway Welland..................... 6 C.I.P. No. 15 to Ch. 14................ Ch. 14................ Ch. 14.
C.I.P. No. 16.
Seaway Long Point.................. 7 C.I.P. No. 16 to Long Ch. 11................ Ch. 11................ Ch. 16.
Point.
--------------------------------------------------------------------------------------------------------------------------------------------------------
7. In Sec. 401.90, add a new paragraph (d) to read as follows:
Sec. 401.90 Boarding for inspections.
* * * * *
(d) Vessels shall provide a safe and approved means of boarding.
Pigeon holes are not accepted as a means of boarding and an alternate
safe means of access between a tug and a barge shall be provided.
8. In Sec. 401.94, revise paragraph (a) to read as follows:
Sec. 401.94 Keeping copies of regulations.
(a) A copy of these Regulations (subpart A of part 401), a copy of
the vessel's valid Vessel Inspection Report and Seaway Notices for the
current navigation year shall be kept on board every vessel in transit.
For the purposes of this section, a copy may be kept in either paper or
electronic format.
* * * * *
9. In the appendix, Schedule III to Subpart A of Part 401--Calling-
in Table, revise entries 18, 35, and 36 to read as follows:
Schedule III to Subpart A of Part 401--Callng-in Table
------------------------------------------------------------------------
C.I.P. and checkpoint Station to call Message content
------------------------------------------------------------------------
* * * * * * *
18. Sodus Point............. Seaway Sodus........ 1. Name of Vessel.
Channel 12 2. Location.
3. ETA Mid-Lake
Ontario.
* * * * * * *
35. Mid-Lake Ontario- Seaway Sodus........ 1. Name of Vessel.
Entering Sector 4.
Channel 12 2. Location.
36. Sodus Point............. Seaway Sodus........ 1. Name of Vessel.
Channel 12 2. Location.
3. Updated ETA Cape
Vincent or Lake
Ontario Port.
4. Confirm River
Pilot Requirement.
5. Pilot
requirement--Snell
Lock and/or Upper
Beauharnois Lock
(inland vessels
only).
------------------------------------------------------------------------
[[Page 4334]]
* * * * *
Issued at Washington, DC on January 21, 2010.
Saint Lawrence Seaway Development Corporation.
Collister Johnson, Jr.,
Administrator.
[FR Doc. 2010-1608 Filed 1-26-10; 8:45 am]
BILLING CODE 4910-61-P
