Seaway Regulations and Rules: Periodic Update, Various Categories, 4433-4436 [2014-01488]

Download as PDF Federal Register / Vol. 79, No. 18 / Tuesday, January 28, 2014 / Proposed Rules positional, and geometric isomers, salts and salts of isomers—7498 (Other names: 4-MePPP; MePPP; 4methyl-a-pyrrolidinopropiophenone; 1(4-methylphenyl)-2-(pyrrolidin-1-yl)propan-1-one) DEPARTMENT OF TRANSPORATION (21) alpha-pyrrolidinopentiophenone, its optical, positional, and geometric isomers, salts and salts of isomers— 7545 (Other names: a-PVP; apyrrolidinovalerophenone; 1-phenyl-2(pyrrolidin-1-yl)pentan-1-one) [Docket No. SLSDC–2014–0001] (22) butylone, its optical, positional, and geometric isomers, salts and salts of isomers—7541 (Other names: bk-MBDB; 1-(1,3benzodioxol-5-yl)-2(methylamino)butan-1-one) (23) pentedrone, its optical, positional, and geometric isomers, salts and salts of isomers—1246 (Other names: amethylaminovalerophenone; 2(methylamino)-1-phenylpentan-1-one) (24) pentylone, its optical, positional, and geometric isomers, salts and salts of isomers—7542 (Other names: bk-MBDP; 1-(1,3benzodioxol-5-yl)-2(methylamino)pentan-1-one) (25) 4-fluoro-N-methylcathinone, its optical, positional, and geometric isomers, salts and salts of isomers— 1238 (Other names: 4-FMC; flephedrone; 1-(4fluorophenyl)-2-(methylamino)propan1-one) (26) 3-fluoro-N-methylcathinone, its optical, positional, and geometric isomers, salts and salts of isomers— 1233 (Other names: 3-FMC; 1-(3fluorophenyl)-2-(methylamino)propan1-one) ehiers on DSK2VPTVN1PROD with PROPOSALS-1 (27) naphyrone, its optical, positional, and geometric isomers, salts and salts of isomers—1258 (Other names: naphthylpyrovalerone; 1(naphthalen-2-yl)-2-(pyrrolidin-1yl)pentan-1-one) (28) alpha-pyrrolidinobutiophenone, its optical, positional, and geometric isomers, salts and salts of isomers— 7546 (Other names: a-PBP; 1-phenyl-2(pyrrolidin-1-yl)butan-1-one) Dated: January 15, 2014. Thomas M. Harrigan, Deputy Administrator. [FR Doc. 2014–01172 Filed 1–27–14; 8:45 am] BILLING CODE 4410–09–P VerDate Mar<15>2010 13:35 Jan 27, 2014 Jkt 232001 Saint Lawrence Seaway Development Corporation 33 CFR Part 401 RIN 2135–AA33 Seaway Regulations and Rules: Periodic Update, Various Categories Saint Lawrence Seaway Development Corporation, DOT. ACTION: Notice of proposed rulemaking. AGENCY: The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Regulations and Rules (Practices and Procedures in Canada) in their respective jurisdictions. Under agreement with the SLSMC, the SLSDC is amending the joint regulations by updating the Seaway Regulations and Rules in various categories. The changes will update the following sections of the Regulations and Rules: Condition of Vessels; Preclearance and Security for Tolls; Tolls Assessment and Payment; Seaway Navigation; Dangerous Cargo; Toll Assessment and Payment; and, Information and Reports. These amendments are necessary to take account of updated procedures and will enhance the safety of transits through the Seaway. Many of the amendments are merely editorial or for clarification of existing requirements. DATES: Comments are due February 27, 2014. ADDRESSES: Submit comments to http://www.Regulations.gov; or the Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–001. Docket: For access to the docket to read background documents or comments received, go to http:// 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, 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. SUMMARY: PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 4433 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; Preclearance and Security for Tolls; Tolls Assessment and Payment; Seaway Navigation; Dangerous Cargo; Toll Assessment and Payment; and, Information and Reports. These updates are necessary to take account of updated procedures which will enhance the safety of transits through the Seaway. Many of these changes are to clarify existing requirements in the regulations. Where new requirements or regulations are made, an explanation for such a change is provided below. 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 http:// www.Regulations.gov. The SLSDC is amending several sections of the Condition of Vessels portion of the joint Seaway regulations. In section 401.9, ‘‘Radio Telephone Equipment’’, the two Corporations are proposing to limit the degree of error for gyro and magnetic compasses. Under section 401.10, ‘‘Mooring lines’’, the SLSDC is proposing to mandate the use of synthetic lines when using tie-up services at tie-up walls and docks. Currently the use of synthetic lines is optional. For safety purposes in section 401.14, ‘‘Anchor marking buoys’’, the SLSDC is proposing to amend the rules to require vessels to ensure that the anchor buoy is secured by a suitable line and ready to be released prior to entering the Seaway. In the Preclearance and Security for Tolls section, the Seaway Corporations are proposing to amend their joint rules in section 401.22, ‘‘Preclearance of vessels’’, to require that past due invoices must be paid prior to transiting the Seaway. In addition, provisions are being proposed that would provide SUPPLEMENTARY INFORMATION: E:\FR\FM\28JAP1.SGM 28JAP1 4434 Federal Register / Vol. 79, No. 18 / Tuesday, January 28, 2014 / Proposed Rules representatives with the ability to obtain a continuous preclearance status. Several proposed revisions are being made in the Seaway Navigation portion of the regulations. In section 401.29, ‘‘Maximum Draft,’’ the SLSDC is proposing to require vessels to meet a minimum draft requirement. In addition, the two Corporations are proposing to require vessels to be equipped with an operational anchor. A proposal to require mooring lines on deck to be individually attended unless the vessel is equipped with side control is being made in section 401.46, ‘‘Attending lines.’’ In the Information and Reports section, a change to section 401.79, ‘‘Advance notice of arrival, vessels requiring inspection’’ is being proposed that would require tall ships or vessels of an unusual design to undergo a Seaway yearly inspection. The other changes to the joint regulations are merely editorial or to clarify existing requirements. Regulatory Evaluation This regulation involves a foreign affairs function of the United States and therefore Executive Order 12866 does not apply and evaluation under the Department of Transportation’s Regulatory Policies and Procedures is not required. Regulatory Flexibility Act Determination Environmental Impact This regulation does not require an environmental impact statement under the National Environmental Policy Act (49 U.S.C. 4321, et seq.) because it is not a major federal action significantly affecting the quality of the human environment. Federalism ehiers on DSK2VPTVN1PROD with PROPOSALS-1 Paperwork Reduction Act This regulation has been analyzed under the Paperwork Reduction Act of 1995 and does not contain new or modified information collection requirements subject to the Office of Management and Budget review. List of Subjects in 33 CFR Part 401 Hazardous materials transportation, Navigation (water), Penalties, Radio, Reporting and recordkeeping requirements, Vessels, Waterways. Accordingly, the Saint Lawrence Seaway Development Corporation proposes to amend 33 CFR Part 401, Regulations and Rules, as follows: PART 401—SEAWAY REGULATIONS AND RULES Subpart A—Regulations 1. The authority citation for subpart A of part 401 continues to read as follows: ■ Authority: 33 U.S.C. 983(a) and 984(a) (4), as amended; 49 CFR 1.52, unless otherwise noted. 2. In § 401.2, redesignate paragraphs (b) through (r) as paragraphs (c) through (s) and add a new paragraph (b) to read as follows: ■ I certify that this regulation will not have a significant economic impact on a substantial number of small entities. The St. Lawrence Seaway Regulations and Rules primarily relate to commercial users of the Seaway, the vast majority of whom are foreign vessel operators. Therefore, any resulting costs will be borne mostly by foreign vessels. § 401.2 Interpretation. * * * * * (e) E-business means Web applications on the St. Lawrence Seaway Management Corporation Web site which provides direct electronic transmission of data to complete and submit application forms and transit data; * * * * * ■ 3. In § 401.9, revise the section heading and add new paragraphs (c) and (d) to read as follows: § 401.9 Radio telephone and navigation equipment. * 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 VerDate Mar<15>2010 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. 13:35 Jan 27, 2014 Jkt 232001 * * * * (c) Gyro compass error greater than 2 degrees must be serviced prior to transiting the Seaway, and if noted during a Seaway transit, it must be reported to the nearest Seaway station and the gyro compass must be serviced at the first opportunity. (d) When magnetic compass error is greater than 5 degrees, the vessel is required to have the compass swung and a new deviation card produced, PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 unless the ‘‘record of deviations’’ has been properly maintained and verified. ■ 4. In § 401.10, revise paragraph (c) to read as follows: § 401.10 Mooring lines. * * * * * (c) Synthetic lines must be used for mooring at approach walls when using tie-up services at tie-up walls and docks within the Seaway. * * * * * ■ 5. In § 401.13, revise paragraph (b) to read as follows: § 401.13 Hand lines. * * * * * (b) Be of uniform thickness and have a diameter of not less than 12 mm and not more than 17 mm and a minimum length of 30 m. The ends of the lines shall be back spliced or tapered; and * * * * * ■ 6 . Revise § 401.14 to read as follows: § 401.14 Anchor marking buoys. (a) Every vessel shall have its anchors cleared and have the anchor marking buoys free to deploy (weak link to hold buoy line on board) with the buoy lines firmly secured to each anchor and ready to be released prior to entering the Seaway. (b) Every vessel shall deploy the anchor marking buoy when dropping an anchor in Seaway waters. ■ 7. In § 401.19, revise paragraph (a) and paragraph (b)(2) to read as follows: § 401.19 Disposal and discharge systems. (a) Every vessel not equipped with containers for ordure shall be equipped with a sewage disposal system enabling compliance with the Vessel Pollution and Dangerous Chemicals regulations (Canada), the U.S. Clean Water Act and the U.S. River and Harbor Act, and amendments thereto. (b) * * * (2) Retained on board in covered, leak-proof containers, until such time as it can be disposed of in accordance with the provisions of the Vessel Pollution and Dangerous Chemicals regulations (Canada), the U.S. Clean Water Act and the U.S. River and Harbor Act, and amendments thereto. * * * * * ■ 8. In § 401.22, revise paragraphs (b)(2), (b)(3) and add a new paragraph (b)(4) to read as follows: § 401.22 Preclearance of vessels. * * * * * (b) * * * (2) A change of representative of the vessel, (3) A material alteration in the physical characteristics of the vessel, E:\FR\FM\28JAP1.SGM 28JAP1 Federal Register / Vol. 79, No. 18 / Tuesday, January 28, 2014 / Proposed Rules until another application for preclearance has been made and approved, or (4) Past due invoices by the representative as set out in § 401.75. * * * * * ■ 9. Revise § 401.24 to read as follows: § 401.24 Application for preclearance. (a) The representative of a vessel may, on a preclearance form obtained from the Manager, St. Lambert, Quebec or downloaded from the St. Lawrence Seaway Web site (www.greatlakesseaway.com), apply for preclearance, giving particulars of the ownership, liability insurance and physical characteristics of the vessel and guaranteeing payment of the fees that may be incurred by the vessel. The form may also be completed and submitted on the Seaway Web site via e-business. Preclearance application must be received by the St. Lawrence Seaway between 08:00–16:00 hours Monday through Friday excluding holidays and at least 24 hours prior to Seaway inspection or vessel arrival. (b) For representatives benefitting from the exemption of security tolls as set out in § 401.26(c) and § 401.26(d), a continuous preclearance status may be assigned to all vessels under their responsibility. Validation of the continuous preclearance status will be required every 5 years. (c) For representatives with a valid security for tolls and a good payment history as set out in § 401.26(c) and § 401.26(d), a continuous preclearance status may be assigned to all vessels under their responsibility. Validation of the continuous preclearance status will be required every year. (d) In the event that a vessel under the representative’s responsibility is modified or upgraded, an application for preclearance will be required to update the vessel’s information and reset the vessel’s preclearance status. ■ 10. In § 401.26, revise paragraphs (a)(2), (a)(3), (c), and (d) to read as follows: ehiers on DSK2VPTVN1PROD with PROPOSALS-1 § 401.26 Security for tolls. (a) * * * (2) A letter of guarantee to the Manager given by a financial institution approved by the Manager; or (3) A letter of guarantee given to the Manager by an acceptable Bonding Company. Bonding Companies may be accepted if they: * * * * * (c)(1) Where a number of vessels: (i) For each of which a preclearance has been given; (ii) Are owned or controlled by the same individual or company; and VerDate Mar<15>2010 13:35 Jan 27, 2014 Jkt 232001 (iii) Have the same representative, (2) The security for the tolls may not be required if the individual, company or representative has paid every toll invoice received in the preceding five years within the period set out in § 401.75(a). (d) Notwithstanding paragraph (c) of this section, where a number of vessels, for each of which a preclearance has been given, are owned or controlled by the same individual or company and have the same representative, the security for the tolls may be reduced or eliminated provided the representative has paid every toll invoice received in the preceding five (5) years within the period set out in § 401.75(a). Upon request from the Manager, the representative must provide the Manager with a financial statement that meets the requirements established by the Manager. * * * * * ■ 11. In § 401.29 revise paragraph (b) to read as follows: § 401.29 Maximum draft. * * * * * (b) The draft of a vessel shall meet a minimum draft requirement as defined at inspection on the ESI form and 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. * * * * * ■ 12. Revise § 401.34 to read as follows: § 401.34 Vessels in tow. (a) No vessel that is not self-propelled (including but not limited to tug/tows and/or dead ship/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 § 401.33 and must be equipped with an operational anchor. (b) 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 required. ■ 13. In § 401.46 add new paragraph (c) to read as follows: § 401.46 Attending lines. * * * * * (c) Mooring lines on deck must be individually attended unless the vessel is equipped with side control and visual contact must be maintained for signal from lock employees taking or letting go of mooring lines. PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 4435 14. In § 401.52 revise paragraph (b) to read as follows: ■ § 401.52 Limit of approach to a bridge. * * * * * (b) No vessel shall pass the limit of approach sign at the twin railway bridges on the South Shore Canal at Kahnawake, until both bridges are in a fully open position and both signal lights show green. ■ 15. In § 401.68, revise the section heading and paragraph (c) to read as follows: § 401.68 Explosives permission letter. * * * * * (c) A written application for a Seaway Explosives Permission Letter certifying that the cargo is packed, marked and stowed in accordance with the Transportation of Dangerous Goods Regulations (Canada), the United States regulations under the Dangerous Cargo Act and the International Maritime Dangerous Goods Code, may be made to the St. Lawrence Seaway Management Corporation, 202 Pitt Street, Cornwall, Ontario, K6J 3P7, or to the Saint Lawrence Seaway Development Corporation, P.O. Box 520, Massena, New York, U.S.A. 13662. * * * * * ■ 16. In § 401.74, revise paragraphs (a) and (f) to read as follows: § 401.74 Transit Declaration. (a) A Seaway Transit Declaration Form (Cargo and Passenger) shall be forwarded to the Manager by the representative of a vessel, for each vessel that has an approved preclearance except non-cargo vessels, within fourteen (14) days after the vessel enters the Seaway on any up bound or down bound transit. The form may be obtained from the St. Lawrence Management Corporation, 151 Ecluse Street, St. Lambert, Quebec, J4R 2V6 or downloaded from the St. Lawrence Seaway Web site at www.greatlakesseaway.com. The form may also be completed and submitted on the Seaway Web site via e-business. * * * * * (f) Seaway Transit Declaration Forms shall be used in assessing toll charges in accordance with the St. Lawrence Seaway Schedule of Tolls, and toll accounts shall be forwarded to the representative or its designated agent. * * * * * ■ 17. In § 401.75, revise paragraph (b) and add a new paragraph (d) to read as follows: § 401.75 * E:\FR\FM\28JAP1.SGM * Payment of tolls. * 28JAP1 * * 4436 Federal Register / Vol. 79, No. 18 / Tuesday, January 28, 2014 / Proposed Rules (b) Tolls established by agreement between Canada and the United States, and known as the St. Lawrence Seaway Schedule of Tolls, shall be paid by pleasure crafts with prepaid tickets purchased in Canadian funds using credit card ticket dispensers located at pleasure craft docks or Paypal on the Seaway Web site. At U.S. locks, the toll is paid in U.S. funds or the preestablished equivalent in Canadian funds or through payment via Pay.gov on the Seaway Web site. * * * * * (d) Vessel representatives with past due toll accounts, unpaid after 45 days, may be subject to the suspension of preclearance for each vessel of which a preclearance has been given and/or the immediate removal of the waved security for the toll charges set in § 401.26(c) and § 401.26(d.) ■ 18. In § 401.79, add a new paragraph (b)(5) to read as follows: § 401.79 Advance notice of arrival, vessels requiring inspection. * * * * * (b) * * * (5) A tall ship or vessel of an unusual design is subject to Seaway yearly inspection. Issued at Washington, DC, on January 22, 2014. Saint Lawrence Seaway Development Corporation. Carrie Lavigne, Chief Counsel. [FR Doc. 2014–01488 Filed 1–27–14; 8:45 am] BILLING CODE 4910–61–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2011–0500; FRL–9905–83– Region 6] Approval and Promulgation of Implementation Plans; Louisiana; Interstate Transport of Fine Particulate Matter Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: EPA is proposing to approve a portion of a State Implementation Plan (SIP) submittal from the State of Louisiana to address Clean Air Act (CAA or Act) requirements that prohibit air emissions which will contribute significantly to nonattainment or interfere with maintenance in any other state for the 2006 fine particulate matter (PM2.5) national ambient air quality standards (NAAQS). EPA proposes to ehiers on DSK2VPTVN1PROD with PROPOSALS-1 SUMMARY: VerDate Mar<15>2010 13:35 Jan 27, 2014 Jkt 232001 determine that the existing SIP for Louisiana contains adequate provisions to prohibit air pollutant emissions from significantly contributing to nonattainment or interfering with maintenance of the 2006 24-hour PM2.5 NAAQS (2006 PM2.5 NAAQS) in any other state as required by the Act. DATES: Written comments must be received on or before February 27, 2014. ADDRESSES: Submit your comments, identified by Docket No. EPA–R06– OAR–2011–0500, by one of the following methods: • www.regulations.gov. Follow the online instructions. • Email: Mr. Carl Young at young.carl@epa.gov. • Mail or delivery: Mr. Guy Donaldson, Chief, Air Planning Section (6PD–L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. Instructions: Direct your comments to Docket No. EPA–R06–OAR–2011–0500. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available at either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment with the person listed in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill Deese at 214–665–7253. FOR FURTHER INFORMATION CONTACT: Carl Young, (214) 665–6645, young.carl@ epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document wherever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the EPA. Table of Contents I. Background II. EPA’s Evaluation III. Proposed Action IV. Statutory and Executive Order Reviews I. Background A. Interstate Transport and the 2006 PM2.5 NAAQS In 2006, we established a revised 24hour NAAQS for PM2.5 of 35 micrograms per cubic meter (mg/m3) (October 17, 2006, 71 FR 6114). Section 110(a)(2)(D)(i) of the CAA identifies four distinct elements related to the evaluation of impacts of interstate transport of air pollutants with respect to a new or revised NAAQS. In this action for the state of Louisiana, we are addressing the first two elements of section 110(a)(2)(D)(i)(I) with respect to the 2006 PM2.5 NAAQS.1 The first element of section 110(a)(2)(D)(i)(I) requires that each SIP for a new or revised NAAQS contain adequate measures to prohibit any source or other type of emissions activity within the state from emitting air pollutants that will ‘‘contribute significantly to nonattainment’’ of the NAAQS in another state. The second element of CAA section 110(a)(2)(D)(i)(I) requires that each SIP for a new or revised NAAQS prohibit any source or other type of emissions activity in the state from emitting pollutants that will ‘‘interfere with maintenance’’ of the applicable NAAQS in any other state. B. EPA Rules Addressing Interstate Transport for the 2006 PM2.5 NAAQS EPA has addressed the requirements of section 110(a)(2)(D)(i)(I) in past 1 This proposed action does not address the two elements of the transport SIP provision (in CAA section 110(a)(2)(D)(i)(II)) regarding interference with measures required to prevent significant deterioration of air quality or to protect visibility in another state. E:\FR\FM\28JAP1.SGM 28JAP1

Agencies

[Federal Register Volume 79, Number 18 (Tuesday, January 28, 2014)]
[Proposed Rules]
[Pages 4433-4436]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01488]


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DEPARTMENT OF TRANSPORATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 401

[Docket No. SLSDC-2014-0001]
RIN 2135-AA33


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 changes will 
update the following sections of the Regulations and Rules: Condition 
of Vessels; Preclearance and Security for Tolls; Tolls Assessment and 
Payment; Seaway Navigation; Dangerous Cargo; Toll Assessment and 
Payment; and, Information and Reports. These amendments are necessary 
to take account of updated procedures and will enhance the safety of 
transits through the Seaway. Many of the amendments are merely 
editorial or for clarification of existing requirements.

DATES: Comments are due February 27, 2014.

ADDRESSES: Submit comments to http://www.Regulations.gov; or the Docket 
Management Facility; U.S. Department of Transportation, 1200 New Jersey 
Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 
20590-001.
    Docket: For access to the docket to read background documents or 
comments received, go to http://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, 
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 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; Preclearance and Security 
for Tolls; Tolls Assessment and Payment; Seaway Navigation; Dangerous 
Cargo; Toll Assessment and Payment; and, Information and Reports. These 
updates are necessary to take account of updated procedures which will 
enhance the safety of transits through the Seaway. Many of these 
changes are to clarify existing requirements in the regulations. Where 
new requirements or regulations are made, an explanation for such a 
change is provided below.
    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 http://www.Regulations.gov.
    The SLSDC is amending several sections of the Condition of Vessels 
portion of the joint Seaway regulations. In section 401.9, ``Radio 
Telephone Equipment'', the two Corporations are proposing to limit the 
degree of error for gyro and magnetic compasses. Under section 401.10, 
``Mooring lines'', the SLSDC is proposing to mandate the use of 
synthetic lines when using tie-up services at tie-up walls and docks. 
Currently the use of synthetic lines is optional. For safety purposes 
in section 401.14, ``Anchor marking buoys'', the SLSDC is proposing to 
amend the rules to require vessels to ensure that the anchor buoy is 
secured by a suitable line and ready to be released prior to entering 
the Seaway.
    In the Preclearance and Security for Tolls section, the Seaway 
Corporations are proposing to amend their joint rules in section 
401.22, ``Preclearance of vessels'', to require that past due invoices 
must be paid prior to transiting the Seaway. In addition, provisions 
are being proposed that would provide

[[Page 4434]]

representatives with the ability to obtain a continuous preclearance 
status.
    Several proposed revisions are being made in the Seaway Navigation 
portion of the regulations. In section 401.29, ``Maximum Draft,'' the 
SLSDC is proposing to require vessels to meet a minimum draft 
requirement. In addition, the two Corporations are proposing to require 
vessels to be equipped with an operational anchor. A proposal to 
require mooring lines on deck to be individually attended unless the 
vessel is equipped with side control is being made in section 401.46, 
``Attending lines.''
    In the Information and Reports section, a change to section 401.79, 
``Advance notice of arrival, vessels requiring inspection'' is being 
proposed that would require tall ships or vessels of an unusual design 
to undergo a Seaway yearly inspection.
    The other changes to the joint regulations are merely editorial or 
to clarify existing requirements.

Regulatory Evaluation

    This regulation involves a foreign affairs function of the United 
States and therefore Executive Order 12866 does not apply and 
evaluation under the Department of Transportation's Regulatory Policies 
and Procedures is not required.

Regulatory Flexibility Act Determination

    I certify that this regulation will not have a significant economic 
impact on a substantial number of small entities. The St. Lawrence 
Seaway Regulations and Rules primarily relate to commercial users of 
the Seaway, the vast majority of whom are foreign vessel operators. 
Therefore, any resulting costs will be borne mostly by foreign vessels.

Environmental Impact

    This regulation does not require an environmental impact statement 
under the National Environmental Policy Act (49 U.S.C. 4321, et seq.) 
because it is not a major federal action significantly affecting the 
quality of the human environment.

Federalism

    The Corporation has analyzed this rule under the principles and 
criteria in Executive Order 13132, dated August 4, 1999, and has 
determined that this 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.

    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

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.  401.2, redesignate paragraphs (b) through (r) as paragraphs 
(c) through (s) and add a new paragraph (b) to read as follows:


Sec.  401.2  Interpretation.

* * * * *
    (e) E-business means Web applications on the St. Lawrence Seaway 
Management Corporation Web site which provides direct electronic 
transmission of data to complete and submit application forms and 
transit data;
* * * * *
0
3. In Sec.  401.9, revise the section heading and add new paragraphs 
(c) and (d) to read as follows:


Sec.  401.9  Radio telephone and navigation equipment.

* * * * *
    (c) Gyro compass error greater than 2 degrees must be serviced 
prior to transiting the Seaway, and if noted during a Seaway transit, 
it must be reported to the nearest Seaway station and the gyro compass 
must be serviced at the first opportunity.
    (d) When magnetic compass error is greater than 5 degrees, the 
vessel is required to have the compass swung and a new deviation card 
produced, unless the ``record of deviations'' has been properly 
maintained and verified.
0
4. In Sec.  401.10, revise paragraph (c) to read as follows:


Sec.  401.10  Mooring lines.

* * * * *
    (c) Synthetic lines must be used for mooring at approach walls when 
using tie-up services at tie-up walls and docks within the Seaway.
* * * * *
0
5. In Sec.  401.13, revise paragraph (b) to read as follows:


Sec.  401.13  Hand lines.

* * * * *
    (b) Be of uniform thickness and have a diameter of not less than 12 
mm and not more than 17 mm and a minimum length of 30 m. The ends of 
the lines shall be back spliced or tapered; and
* * * * *
0
6 . Revise Sec.  401.14 to read as follows:


Sec.  401.14  Anchor marking buoys.

    (a) Every vessel shall have its anchors cleared and have the anchor 
marking buoys free to deploy (weak link to hold buoy line on board) 
with the buoy lines firmly secured to each anchor and ready to be 
released prior to entering the Seaway.
    (b) Every vessel shall deploy the anchor marking buoy when dropping 
an anchor in Seaway waters.
0
7. In Sec.  401.19, revise paragraph (a) and paragraph (b)(2) to read 
as follows:


Sec.  401.19  Disposal and discharge systems.

    (a) Every vessel not equipped with containers for ordure shall be 
equipped with a sewage disposal system enabling compliance with the 
Vessel Pollution and Dangerous Chemicals regulations (Canada), the U.S. 
Clean Water Act and the U.S. River and Harbor Act, and amendments 
thereto.
    (b) * * *
    (2) Retained on board in covered, leak-proof containers, until such 
time as it can be disposed of in accordance with the provisions of the 
Vessel Pollution and Dangerous Chemicals regulations (Canada), the U.S. 
Clean Water Act and the U.S. River and Harbor Act, and amendments 
thereto.
* * * * *
0
8. In Sec.  401.22, revise paragraphs (b)(2), (b)(3) and add a new 
paragraph (b)(4) to read as follows:


Sec.  401.22  Preclearance of vessels.

* * * * *
    (b) * * *
    (2) A change of representative of the vessel,
    (3) A material alteration in the physical characteristics of the 
vessel,

[[Page 4435]]

until another application for preclearance has been made and approved, 
or
    (4) Past due invoices by the representative as set out in Sec.  
401.75.
* * * * *
0
9. Revise Sec.  401.24 to read as follows:


Sec.  401.24  Application for preclearance.

    (a) The representative of a vessel may, on a preclearance form 
obtained from the Manager, St. Lambert, Quebec or downloaded from the 
St. Lawrence Seaway Web site (www.greatlakes-seaway.com), apply for 
preclearance, giving particulars of the ownership, liability insurance 
and physical characteristics of the vessel and guaranteeing payment of 
the fees that may be incurred by the vessel. The form may also be 
completed and submitted on the Seaway Web site via e-business. 
Preclearance application must be received by the St. Lawrence Seaway 
between 08:00-16:00 hours Monday through Friday excluding holidays and 
at least 24 hours prior to Seaway inspection or vessel arrival.
    (b) For representatives benefitting from the exemption of security 
tolls as set out in Sec.  401.26(c) and Sec.  401.26(d), a continuous 
preclearance status may be assigned to all vessels under their 
responsibility. Validation of the continuous preclearance status will 
be required every 5 years.
    (c) For representatives with a valid security for tolls and a good 
payment history as set out in Sec.  401.26(c) and Sec.  401.26(d), a 
continuous preclearance status may be assigned to all vessels under 
their responsibility. Validation of the continuous preclearance status 
will be required every year.
    (d) In the event that a vessel under the representative's 
responsibility is modified or upgraded, an application for preclearance 
will be required to update the vessel's information and reset the 
vessel's preclearance status.
0
10. In Sec.  401.26, revise paragraphs (a)(2), (a)(3), (c), and (d) to 
read as follows:


Sec.  401.26  Security for tolls.

    (a) * * *
    (2) A letter of guarantee to the Manager given by a financial 
institution approved by the Manager; or
    (3) A letter of guarantee given to the Manager by an acceptable 
Bonding Company. Bonding Companies may be accepted if they:
* * * * *
    (c)(1) Where a number of vessels:
    (i) For each of which a preclearance has been given;
    (ii) Are owned or controlled by the same individual or company; and
    (iii) Have the same representative,
    (2) The security for the tolls may not be required if the 
individual, company or representative has paid every toll invoice 
received in the preceding five years within the period set out in Sec.  
401.75(a).
    (d) Notwithstanding paragraph (c) of this section, where a number 
of vessels, for each of which a preclearance has been given, are owned 
or controlled by the same individual or company and have the same 
representative, the security for the tolls may be reduced or eliminated 
provided the representative has paid every toll invoice received in the 
preceding five (5) years within the period set out in Sec.  401.75(a). 
Upon request from the Manager, the representative must provide the 
Manager with a financial statement that meets the requirements 
established by the Manager.
* * * * *
0
11. In Sec.  401.29 revise paragraph (b) to read as follows:


Sec.  401.29  Maximum draft.

* * * * *
    (b) The draft of a vessel shall meet a minimum draft requirement as 
defined at inspection on the ESI form and 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.
* * * * *
0
12. Revise Sec.  401.34 to read as follows:


Sec.  401.34  Vessels in tow.

    (a) No vessel that is not self-propelled (including but not limited 
to tug/tows and/or dead ship/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 and must be equipped with an 
operational anchor.
    (b) 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 required.
0
13. In Sec.  401.46 add new paragraph (c) to read as follows:


Sec.  401.46  Attending lines.

* * * * *
    (c) Mooring lines on deck must be individually attended unless the 
vessel is equipped with side control and visual contact must be 
maintained for signal from lock employees taking or letting go of 
mooring lines.
0
14. In Sec.  401.52 revise paragraph (b) to read as follows:


Sec.  401.52  Limit of approach to a bridge.

* * * * *
    (b) No vessel shall pass the limit of approach sign at the twin 
railway bridges on the South Shore Canal at Kahnawake, until both 
bridges are in a fully open position and both signal lights show green.
0
15. In Sec.  401.68, revise the section heading and paragraph (c) to 
read as follows:


Sec.  401.68  Explosives permission letter.

* * * * *
    (c) A written application for a Seaway Explosives Permission Letter 
certifying that the cargo is packed, marked and stowed in accordance 
with the Transportation of Dangerous Goods Regulations (Canada), the 
United States regulations under the Dangerous Cargo Act and the 
International Maritime Dangerous Goods Code, may be made to the St. 
Lawrence Seaway Management Corporation, 202 Pitt Street, Cornwall, 
Ontario, K6J 3P7, or to the Saint Lawrence Seaway Development 
Corporation, P.O. Box 520, Massena, New York, U.S.A. 13662.
* * * * *
0
16. In Sec.  401.74, revise paragraphs (a) and (f) to read as follows:


Sec.  401.74  Transit Declaration.

    (a) A Seaway Transit Declaration Form (Cargo and Passenger) shall 
be forwarded to the Manager by the representative of a vessel, for each 
vessel that has an approved preclearance except non-cargo vessels, 
within fourteen (14) days after the vessel enters the Seaway on any up 
bound or down bound transit. The form may be obtained from the St. 
Lawrence Management Corporation, 151 Ecluse Street, St. Lambert, 
Quebec, J4R 2V6 or downloaded from the St. Lawrence Seaway Web site at 
www.greatlakes-seaway.com. The form may also be completed and submitted 
on the Seaway Web site via e-business.
* * * * *
    (f) Seaway Transit Declaration Forms shall be used in assessing 
toll charges in accordance with the St. Lawrence Seaway Schedule of 
Tolls, and toll accounts shall be forwarded to the representative or 
its designated agent.
* * * * *
0
17. In Sec.  401.75, revise paragraph (b) and add a new paragraph (d) 
to read as follows:


Sec.  401.75  Payment of tolls.

* * * * *

[[Page 4436]]

    (b) Tolls established by agreement between Canada and the United 
States, and known as the St. Lawrence Seaway Schedule of Tolls, shall 
be paid by pleasure crafts with prepaid tickets purchased in Canadian 
funds using credit card ticket dispensers located at pleasure craft 
docks or Paypal on the Seaway Web site. At U.S. locks, the toll is paid 
in U.S. funds or the pre-established equivalent in Canadian funds or 
through payment via Pay.gov on the Seaway Web site.
* * * * *
    (d) Vessel representatives with past due toll accounts, unpaid 
after 45 days, may be subject to the suspension of preclearance for 
each vessel of which a preclearance has been given and/or the immediate 
removal of the waved security for the toll charges set in Sec.  
401.26(c) and Sec.  401.26(d.)
0
18. In Sec.  401.79, add a new paragraph (b)(5) to read as follows:


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

* * * * *
    (b) * * *
    (5) A tall ship or vessel of an unusual design is subject to Seaway 
yearly inspection.

    Issued at Washington, DC, on January 22, 2014. Saint Lawrence 
Seaway Development Corporation.
Carrie Lavigne,
Chief Counsel.
[FR Doc. 2014-01488 Filed 1-27-14; 8:45 am]
BILLING CODE 4910-61-P