Seaway Regulations and Rules: Periodic Update, Various Categories, 32071-32075 [2012-12987]

Agencies

• Saint Lawrence Seaway Development Corporation
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 77, Number 105 (Thursday, May 31, 2012)]
[Proposed Rules]
[Pages 32071-32075]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12987]


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DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 401

[Docket No. SLSDC-2012-0001]
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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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 Regulations and 
Rules: Condition of Vessels; Seaway Navigation; Dangerous Cargo; 
Information and Reports; General; and, Navigation Closing Procedures. 
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 July 2, 2012.

ADDRESSES: You may submit comments identified by Docket Number SLSDC 
2012-0001 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 20590-001, between 9 a.m. and 5 p.m., 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.

[[Page 32072]]

Department of Transportation, 1200 New Jersey Avenue SE., West Building 
Ground Floor, Room W12-140, Washington, DC 20590-001, between 9 a.m. 
and 5 p.m., 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; 
Dangerous Cargo; Information and Reports; General; and, Navigation 
Closing Procedures. These updates are necessary to take account of 
updated procedures which will enhance the safety of transits through 
the Seaway. Many of these proposed changes are to clarify existing 
requirements in the regulations. Where new requirements or regulations 
are being proposed, an explanation for such a change is provided below.
    Regulatory Notices: Privacy Act: Anyone is able to search the 
electronic form of all comments received into any of our dockets by the 
name of the individual submitting the comment (or signing the comment, 
if submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (Volume 65, Number 70; Pages 
19477-78) or you may visit https://www.Regulations.gov.
    The SLSDC is proposing to amend three sections of the Condition of 
Vessels portion of the joint Seaway regulations. Under section 401.11, 
``Fairleads'', due to damage from fairleads on new vessels, the SLSDC 
is proposing that all sharp edges be rounded. In section 401.12, 
``Minimum requirements--mooring lines and fairleads'', the SLSDC is 
addressing the use of wire lines on vessels 100 m or less. In section 
401.15, ``Stern anchors'', the Seaway entities are proposing vessels of 
more than 125 m in overall length as well as every integrated tug and 
barge or articulated tug and barge unit greater than 125 m in overall 
length be equipped with a stern anchor.
    Several changes to the Seaway Navigation section are being 
proposed. The Seaway Corporations are amending its joint rules in 
section 401.29, ``Maximum draft'', to permit vessels using a ``Draft 
Information System'' (DIS) to transit the Seaway up to 7 cm (3 inches) 
above the maximum permissible draft allowed at the time. The use of a 
DIS is an optional, not a mandatory requirement, to transit the Seaway. 
The DIS will allow the vessel to transit the Seaway at a draft up to 3 
inches (7 cm) more than the published maximum draft with prior approval 
from the two Seaway entities.

Benefits of Using the DIS

    The primary purpose of this proposed amendment is safety. The use 
of the DIS will ensure that vessels maintain a safe under keel 
clearance as they make maximum use of the available water column. DIS 
uses water level measurements, bathymetry of the channel bottom, and 
squat of the vessel as it moves at different speeds and in different 
channel types. The squat of a vessel varies depending on the vessel 
type, hull shape, and the type of channel in which it is operating, and 
the vessel's speed. By including all the factors, the under keel 
clearance value is determined in real time. The information on the 
projected under keel clearance is integrated electronically with chart 
data, high-resolution bathymetry and other readings on a single bridge 
display.
    The technology features an algorithm, which allows the Master to 
estimate under keel clearance ahead, offering time for a course change 
or other required reaction in transit. By Masters having more precise 
information regarding the available water column, the risk of a vessel 
touching bottom or grounding is reduced.
    In addition to the safety benefits, increasing the maximum 
allowable draft will increase the Seaway's productivity and 
competitiveness. Depending on the commodity carried, an additional 
three inches of draft might account for as much as 360 additional 
metric tons per voyage.

Development of DIS Specification

    The use of a DIS tool began in 2003 in the St. Mary's River. In 
2006, the Seaway entities conducted 4 trials of the tool used in the 
St. Mary's River as a proof of concept. Three tests were conducted in 
the Montreal to Lake Ontario (MLO) section of the Seaway during 2007 
under low water conditions. During 2008 tests were conducted in the MLO 
and Welland Canal sections of the Seaway. In 2009, eight (8) trials 
were conducted in the Welland Canal section and ten (10) trials were 
conducted in the MLO section of the Seaway. In 2010 a DIS pilot program 
was instituted in the MLO and Welland Canal. After successful 
completion of the test trials and pilot program and to ensure future 
consistency and reliability of the DIS, the two Seaway entities began 
the development of a standard DIS specification.
    On January 19, 2011, the two Seaway Corporations jointly published 
an industrial implementation specification entitled, ``Implementation 
Specification--a Draft Information System for the St. Lawrence Seaway'' 
(Specification). Following a public comment period during which 
comments received were considered in the development of the 
Specification, a final Implementation Specification was published on 
the bi-national Web site at https://www.greatlakes-seaway.com on March 
16, 2011. The Specification was developed under the guidance of the St. 
Lawrence Seaway Management Corporation, the SLSDC, together with 
representatives from system manufacturers and the shipping industry. 
The development of the Specification followed accelerated procedures 
derived from the International Organization for Standards (ISO) 
standardization process that endeavored to develop a broad based 
consensus standard. The DIS Implementation Specification describes the 
functionality and interfaces for a system which utilizes water levels, 
channel type, bathymetry, and vessel speed and characteristics to 
determine current and predicted under keel clearance. On March 18, 
2012, the first DIS Tool was verified by a member of the International 
Association of Classification Societies (IACS) to be compliant with the 
Specification.
    In addition, the two Seaway Corporations, in section 401.32, 
``Cargo booms--deck cargo'' are proposing to require notification of 
the height of deck cargo in order to determine appropriate wind 
restrictions.
    In the Information and Reports section, a change to section 401.79, 
``Advance notice of arrival, vessels requiring inspection'' is being 
proposed. The amendments would provide requirements for reporting 
notice of arrival depending on the vessel's voyage time. Further, 
vessels requiring inspection or re-inspection would be required to 
provide a 24-hour notice of

[[Page 32073]]

inspection based on certain specified factors. The Advance Notice of 
Arrival procedures are currently in effect pursuant to Seaway Notices.
    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 that 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 seq.) 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 401as 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.  401.11, add paragraph (a)(4) to read as follows:


Sec.  401.11  Fairleads.

    (a) * * *
    (4) When passing synthetic lines through a type of fairlead or 
closed chock acceptable to the Manager and the Corporation all sharp 
edges of the fairlead, closed chock and/or bulwark shall be rounded to 
protect the line from chafing or breakage.
* * * * *
    3. In Sec.  401.12 revise paragraph (a)(1)(ii) to read as follows:


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

    (a) * * *
    (1) * * *
    (ii) One synthetic hawser may be hand held or if wire line is used 
shall be powered. The line shall lead astern from the break of the bow 
through a closed chock to suitable bitts on deck for synthetic line or 
led from a capstan, winch drum or windlass to an approved fairlead for 
a wire line.
* * * * *
    4. Revise Sec.  401.15 to read as follows:


Sec.  401.15  Stern anchors.

    (a) Every vessel of more than 125 m in overall length, the keel of 
which is laid after January 1, 1975, shall be equipped with a stern 
anchor.
    (b) Every integrated tug and barge or articulated tug and barge 
unit greater than 125 m in overall length which is constructed after 
January 1, 2003 shall be equipped with a stern anchor.
    5. In Sec.  401.28 revise paragraph (d) to read as follows:


Sec.  401.28  Speed limits.

* * * * *
    (d) Notwithstanding the above speed limits, every vessel 
approaching a free standing lift bridge shall proceed at a speed that 
it will be able to stop prior to it reaching the Limit of Approach sign 
should the raising of the bridge be delayed.
* * * * *
    6. Revise Sec.  401.29 to read as follows:


Sec.  401.29  Maximum draft.

    (a) Notwithstanding any provision herein, the loading of cargo, 
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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    (b) The draft of a vessel shall not, in any case, exceed 79.2 dm or 
the maximum permissible draft designated in a Seaway Notice by the 
Manager and the Corporation for the part of the Seaway in which a 
vessel is passing.
    (c) Any vessel equipped with:
    (1) An operational Draft Information System (DIS) Tool verified by 
a member of the International Association of Classification Societies 
(IACS) as compliant with the Implementation Specifications found at 
https://www.greatlakes-seaway.com and contained in the Seaway Handbook 
under ``Ship Transit and Equipment Requirements'' shall have onboard;
    (2) Up-to-date electronic navigational charts; and
    (3) Up-to-date charts containing high-resolution bathymetric data; 
and
    (4) A pilot plug, if using a portable DIS Tool, will be permitted, 
when using the DIS Tool, subject to 33 CFR 29(a), to increase their 
draft by no more than 7 cm above the maximum permissible draft 
prescribed under 33 CFR 29(b) in effect at the time.
    (d) Any vessel intending to use DIS must notify the Manager or the 
Corporation in writing at least 24-hours prior to commencement of its 
initial transit in the System with the DIS Tool.
    (e) Verification document of the DIS Tool must be kept on board the 
vessel at all times and made available for inspection.
    (f) If for any reason the DIS becomes inoperable, malfunctions, or 
is not used, the vessel must notify the Manager or the Corporation 
immediately.

(68 Stat. 93-96, 33 U.S.C. 981-990, as amended and secs. 4, 5, 6, 7, 
8, 12 and 13 of Sec. 2 of Pub. L. 95-474, 92 Stat. 1471)

    7. In Sec.  401.32 add paragraph (b)(3) to read as follows:


Sec.  401.32  Cargo booms-deck cargo.

* * * * *
    (b) * * *
    (3) Seaway Traffic Control Center shall be notified of the height 
of deck cargo prior to transiting the Seaway or

[[Page 32074]]

when departing from a Port or Wharf within the Seaway.
    8. In Sec.  401.44, revise paragraph (b) to read as follows:


Sec.  401.44  Mooring in locks.

* * * * *
    (b) Once the mooring lines are on the mooring posts, lines shall be 
kept slack until the ``all clear'' signal is given by the lock 
personnel. When casting off signal is received, mooring lines should be 
kept slack until the ``all clear'' signal is given by the lock 
personnel.
    9. In Sec.  401.59, add paragraph (e) to read as follows:


Sec.  401.59  Pollution.

* * * * *
    (e) Except as authorized by the Manager or the Corporation, no over 
the side painting shall be allowed in the Seaway.
* * * * *
    10. In Sec.  401.72, revise paragraph (d) to read as follows:


Sec.  401.72  Reporting--explosive and hazardous cargo vessels.

* * * * *
    (d) Every vessel carrying radioactive substances shall, when 
reporting in, give the number and date of issue of any required 
certificate issued by the Canadian Nuclear Safety Commission (CNSC) 
and/or the U.S. Nuclear Regulatory Commission (USNRC) authorizing such 
shipment.
* * * * *
    11. Revise Sec.  401.79 to read as follows:


Sec.  401.79  Advance notice of arrival, vessels requiring inspection.

    (a) Advance Notice of Arrival. All foreign flagged vessels 
intending to transit the Seaway shall submit one complete electronic 
Notice of Arrival (NOA) prior to entering at call in point 2 (CIP 2) as 
follows:
    (1) If your voyage time to CIP 2 is 96 hours or more, you must 
submit an electronic NOA 96 hours before entering the Seaway at CIP 2.
    (2) If your voyage time to CIP 2 is less than 96 hours, you must 
submit an electronic NOA before departure, but at least 24 hours before 
entering the Seaway at CIP 2.
    (3) If there are changes to the electronic NOA, submit them as soon 
as practicable but at least 12 hours before entering the Seaway at CIP 
2.
    (4) The NOA must be provided electronically following the USCG 
National Vessel Movement Center's (NVMC) procedures (https://www.nvmc.uscg.gov).
    (5) To complete the NOA correctly for Seaway entry, select the 
following:
    (i) ``CIP 2'' as the Arrival Port,
    (ii) ``Foreign to Saint Lawrence Seaway'' as the Voyage Type, and
    (iii) ``Saint Lawrence Seaway Transit'' as the Arrival State, City 
and Receiving Facility.
    (b) Vessels requiring inspection or reinspection. All pre-cleared 
vessels must provide a 24 hour notice of inspection as follows:
    (1) Enhanced Seaway inspection. All foreign flagged vessels and 
vessels of unusual design are subject to a Seaway inspection prior to 
initial transit of the Seaway each navigation season.
    (2) Inland self-inspection. Inland domestic vessels which are 
approved by the Seaway and are ISM certified and have a company quality 
management system, must submit the ``Self-Inspection Report'', every 2 
navigation seasons and not later than 30 days after ``fit out''.
    (3) Inland domestic vessels not participating in the ``Self-
Inspection Program'' are subject to Seaway inspection prior to every 
transit of the Seaway.
    (4) Tub/barge combinations not on the ``Seaway Approved Tow'' list 
are subject to Seaway inspection prior to every transit of the Seaway.
    12. In Sec.  401. 84, revise paragraph (c) to read as follows:


Sec.  401.84  Reporting of impairment or other hazard by vessels 
transiting within the Seaway.

* * * * *
    (c) Any malfunction of equipment on the vessel
* * * * *
    13. In Sec.  401.89, add paragraph (a)(4) to read as follows:


Sec.  401.89  Transit refused.

    (a) * * *
    (4) The vessel is not in compliance with flag state and/or 
classification society regulations.
    14. Revise Sec.  401.92 to read as follows:


Sec.  401.92  Wintering and laying-up.

    No vessel shall winter within the Seaway or lay-up within the 
Seaway during the navigation season except with the written permission 
of the Manager or the Corporation and subject to the conditions and 
charges that may be imposed.
    15. In Schedule II to Subpart A of Part 401--Table of Speeds, 
revise section number 2 to read as follows:

                            Schedule II to Subpart A of Part 401--Table of Speeds \1\
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                                                                     Maximum speed over the bottom (knots)
           Column I--FROM                  Column II--TO     ---------------------------------------------------
                                                                     Column III                 Column IV
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2. Lake St. Louis...................  Lower Entrance........                 12 (dnb)                   11(upb)
Buoy A13............................  Lower Beauharnois Lock                 14 (upb)                   13(dnb)
 
                                                  * * * * * * *
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\1\ Maximum speeds at which a vessel may travel in the identified area in both normal and high water conditions
  are set out in this schedule. The Manager and the Corporation will, from time to time, designate the set of
  speed limits that is in effect.



[[Page 32075]]

    Issued at Washington, DC, on May 21, 2012.

    Saint Lawrence Seaway Development Corporation.
Craig H. Middlebrook,
Acting Administrator.
[FR Doc. 2012-12987 Filed 5-30-12; 8:45 am]
BILLING CODE 4910-61-P