Seaway Regulations and Rules: Periodic Update, Various Categories, 13744-13747 [2016-05798]
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13744
Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Rules and Regulations
For plans with a valuation
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Authority: 29 U.S.C. 1301(a), 1302(b)(3),
1341, 1344, 1362.
PART 4044—ALLOCATION OF
ASSETS IN SINGLE-EMPLOYER
PLANS
Appendix B to Part 4044—Interest
Rates Used To Value Benefits
5. In appendix B to part 4044, a new
entry for April–June 2016, as set forth
below, is added to the table.
*
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4. The authority citation for part 4044
continues to read as follows:
■
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The values of it are:
For valuation dates occurring in the month—
for t =
it
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April–June 2016 ................................................................
Issued in Washington, DC, on this 9th day
of March 2016.
Judith Starr,
General Counsel, Pension Benefit Guaranty
Corporation.
[FR Doc. 2016–05733 Filed 3–14–16; 8:45 am]
BILLING CODE 7709–02–P
DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development
Corporation
33 CFR Part 401
[Docket No. SLSDC–2016–0004]
RIN 2135–AA39
Seaway Regulations and Rules:
Periodic Update, Various Categories
Saint Lawrence Seaway
Development Corporation, DOT.
ACTION: Final rule.
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; Seaway Navigation; and,
Information and Reports. These
amendments are necessary to take
account of updated procedures and will
asabaliauskas on DSK3SPTVN1PROD with RULES
SUMMARY:
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enhance the safety of transits through
the Seaway. Several of the amendments
are merely editorial or for clarification
of existing requirements.
DATES: This final rule will be effective
on March 21, 2016.
ADDRESSES: 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,
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; Seaway Navigation; and,
Information and Reports. These updates
are necessary to take account of updated
procedures which will enhance the
safety of transits through the Seaway.
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Many of these changes are to clarify
existing requirements in the regulations.
Where new requirements or regulations
are made, an explanation for such a
change is provided below. A Notice of
Proposed Rulemaking was published in
the Federal Register on February 5,
2016 (81 FR 6198). No comments were
received. The joint regulations will
become effective in Canada on March
21, 2016. For consistency, because these
are joint regulations under international
agreement, and to avoid confusion
among users of the Seaway, the SLSDC
finds that there is good cause to make
the U.S. version of the amendments
effective on the same date.
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 amending four sections
of the Condition of Vessels portion of
the joint Seaway regulations. In
§ 401.10, ‘‘Mooring lines’’, the two
Corporations are permitting vessels not
greater than 200 m in overall length to
use soft lines instead of wire lines. Over
the past 3 years, vessels greater than 150
m in overall length have been permitted
to use type approved soft lines on a test
basis, with successful results. Based on
these same results, the SLSDC is
amending § 401.11, ‘‘Minimum
Requirements—mooring lines and
fairleads’’ to permit the operator of
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Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Rules and Regulations
vessels of more than 150 m but not more
than 200 m to use either soft or wire
lines.
In § 401.13, ‘‘Hand lines’’, the SLSDC
is changing the maximum diameter of
hand lines to 18 mm from 17 mm due
to the fact that 17 mm lines are no
longer available. The change to § 401.17,
‘‘Pitch indicators and alarms,’’ will
make a minor administrative change by
removing the effective date for the
requirement.
In the Seaway Navigation portion of
the regulations, the two Corporations
are making changes in several sections.
Section 401.29, ‘‘Maximum draft’’, is
restructured in order to clarify the
requirements for use of an operational
Draft Information System. In § 401.37,
‘‘Mooring at tie-up walls’’, the Seaway
Corporations are requiring that crew
members handling lines on tie-up walls
wear approved personal flotation
devices instead of life jackets that can be
can be unsafe due to their bulky nature.
The SLSDC is changing the requirement
in § 401.45, ‘‘Emergency procedures’’, to
make clear that when a vessel is
entering the locks too fast in an
emergency situation, the vessel will not
be required to deploy mooring lines.
In the Information and Reports
section, a change to § 401.79, ‘‘Advance
notice of arrival, vessels requiring
inspection’’ is being made that would
require all foreign flagged vessels of 300
GRT or above to submit an electronic
Notice of Arrival.
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
Paperwork Reduction Act
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 who 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 have determined that this rule
does not have sufficient federalism
implications to warrant a Federalism
Assessment.
Unfunded Mandates
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 is
amending 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 § 401.10:
a. Revise paragraph (b); and
b. In the table in paragraph (d), revise
the fifth entry.
The revisions read as follows:
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§ 401.10
Mooring lines.
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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.
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(b) Unless otherwise permitted by an
officer, vessels greater than 200 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.
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TABLE
Length of
mooring
line
Overall length of ships
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More than 180 m but not more than 225.5 m .........................................................................................................................
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3. In § 401.12, revise paragraph (a) to
read as follows:
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§ 401.12 Minimum requirements—mooring
lines and fairleads.
(a) Unless otherwise permitted by the
officer the minimum requirements in
respect to mooring lines which shall be
available for securing on either side of
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the vessel, winches and the location of
fairleads on vessels are as follows:
(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.
(i) One line shall lead forward from
the break of the bow and one line shall
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Breaking
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lead astern from the quarter and be
independently power operated by
winches, capstans or windlasses and
lead through closed chocks or fairleads
acceptable to the Manager and the
Corporation; and
(ii) One synthetic hawser may be
hand held or if wire line is used shall
be powered. The line shall lead astern
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from the break of the bow through a
closed chock to suitable bitts on deck
for synthetic line or led from a capstan,
winch drums or windlass to an
approved fairlead for a wire line.
(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.
(i) All lines shall be led through
closed chocks or fairleads acceptable to
the Manager and the Corporation.
(ii) One mooring line shall lead
forward and one shall lead astern from
the break of the bow and one mooring
line shall lead astern from the quarter.
(3) Vessels of more than 150 m but not
more than 200 m in overall length shall
have four mooring lines, wires or
synthetic hawsers, which shall be
independently power operated by
winches.
(i) One mooring line shall lead
forward and one mooring line shall lead
astern from the break of the bow.
(ii) One mooring line shall lead
forward and one mooring line shall lead
astern from the quarter.
(iii) All lines shall be led through a
type of fairlead acceptable to the
Manager and the Corporation.
(4) Vessels of more than 200 m in
overall length shall have four mooring
lines—wires, independently power
operated by the main drums of adequate
power operated winches as follows:
(i) One mooring line shall lead
forward and one mooring line shall lead
astern from the break of the bow.
(ii) One mooring line shall lead
forward and one mooring line shall lead
astern from the quarter.
(iii) All lines shall be led through a
type of fairlead acceptable to the
Manager and the Corporation.
(5) Every vessel shall have a
minimum of two spare mooring lines
available and ready for immediate use.
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■ 4. In § 401.13, revise paragraph (b) to
read as follows:
§ 401.13
Hand lines.
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(b) Be of uniform thickness and have
a diameter of not less than 12 mm and
not more than 18 mm and a minimum
length of 30 m. The ends of the lines
shall be back spliced or tapered; and
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■ 5. In § 401.17, revise paragraph (b) to
read as follows:
§ 401.17
Pitch indicators and alarms.
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(b) Visible and audible pitch alarms,
with a time delay of not greater than 8
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seconds, in the wheelhouse and
engineer room to indicate wrong pitch.
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■ 6. In § 401.29, revise paragraph (c) and
remove paragraphs (d) through (h) to
read as follows:
§ 401.29
Maximum draft.
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(c) Any vessel will be permitted to
load at an increased draft of not more
than 7 cm above the maximum
permissible draft in effect as prescribed
under paragraph (b) of this section if it
is equipped with a Draft Information
System (DIS) and meets the following:
(1) An operational Draft Information
System (DIS) approved by a member of
the International Association of
Classification Societies (IACS) as
compliant with the Implementation
Specifications found at www.greatlakesseaway.com and having on board:
(i) An operational AIS with accuracy
= 1 (DGPS); and
(ii) Up-to-date electronic navigational
charts; and
(iii) Up-to-date charts containing high
resolution bathymetric data; and
(2) The DIS Tool Display shall be
located close to the primary conning
position, be visible and legible; and
equipped with a pilot plug, if using a
portable DIS.
(i) Verification document of the DIS
must be kept on board the vessel at all
times and made available for inspection.
(ii) A company letter attesting to
officer training on use of the DIS must
be kept on board and made available for
inspection.
(iii) In every navigation season, a
vessel intending to use the DIS must
notify the Manager of the Corporation in
writing at least 24 hours prior to the
commencement of its initial transit in
the System with the DIS.
(iv) If for any reason the DIS or AIS
becomes inoperable, malfunctions or is
not used while the vessel is transiting at
a draft greater than the maximum
permissible draft prescribed under
paragraph (b) of this section in effect at
the time, the vessel must notify the
Manager or the Corporation
immediately.
■ 7. In § 401.37, revise paragraph (b) to
read as follows:
§ 401.37
Mooring at tie-up walls.
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(b) Crew members being put ashore on
landing booms and handling mooring
lines on tie-up walls shall wear
approved personal flotation devices.
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■ 8. Revise § 401.44 to read as follows:
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§ 401.44
Mooring in locks.
(a) Mooring lines shall only be placed
on mooring posts as directed by the
officer in charge of the mooring
operation.
(b) No winch from which a mooring
line runs shall be operated until the
officer in charge of a mooring operation
has signaled that the line has been
placed on a mooring post.
(c) 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 shall be
kept slack until the ‘‘all clear’’ signal is
given by the lock personnel.
(d) Vessels being moored by ‘‘Hands
Free Mooring’’ system (HFM) shall have
a minimum of 2 well rested crew
members on deck during the lockage.
■ 9. Revise § 401.45 to read as follows:
§ 401.45
Emergency procedure.
When the speed of a vessel entering
a lock chamber has to be checked, the
master shall take all necessary
precautions to stop the vessel in order
to avoid contact with lock structures. At
no time shall the vessel deploy its
anchors to stop the vessel when entering
a lock chamber.
■ 10. Revise § 401.47 to read as follows:
§ 401.47
Leaving a lock.
(a) Mooring lines shall only be cast off
as directed by the officer in charge of a
mooring operation.
(b) No vessel shall proceed out of a
lock until the exit gates, ship arresters
and the bridge, if any, are in a fully
open position.
(c) When ‘‘Hands Free Mooring
system (HFM) is used, no vessel shall
use its engine(s) until the lock operator
provides the ‘‘all clear’’ instruction.
(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)
■ 11. In § 401.79, revise paragraph (a)
introductory text to read as follows:
§ 401.79 Advance notice of arrival, vessels
requiring inspection.
(a) Advance notice of arrival. All
foreign flagged vessels of 300 GRT or
above intending to transit the Seaway
shall submit a completed electronic
Notice of Arrival (NOA) prior to
entering at call in point 2 (CIP2) as
follows:
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■ 12. In § 401.80, add paragraph (c) to
read as follows:
§ 401.80
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Reporting dangerous cargo.
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Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Rules and Regulations
(c) Vessels carrying ‘‘Certain
Dangerous Cargo’’ (CDC) as defined in
the United States Coast Guard
regulations 33 CFR 160.202, which is
the same as the definition in the
Transport Canada ‘‘Marine
Transportation Security Regulations’’
(MTSR’s), shall report the ‘‘Certain
Dangerous Cargo’’ to the nearest Seaway
station prior to a Seaway transit.
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■ 13. In appendix I to subpart A, revise
the Caution statement to read as follows:
Appendix I to Subpart A of Part 401—
Vessel Dimensions
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Caution: Masters must take into account
the ballast draft of the vessel when verifying
the maximum permissible dimensions.
Bridge wings, antennas, masts and, in some
cases, the samson posts or store cranes could
be outside the limits of the block diagram
and could override the lock wall. Masters
and pilots must take this into consideration
and exercise extreme caution when entering
or exiting locks to ensure that the vessel does
not contact any of the structures on the lock.
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Procurement, Contract and Grant Policy
Division, via email at
manuel.quinones@nasa.gov, or
telephone (202) 358–2143.
SUPPLEMENTARY INFORMATION:
I. Background
NASA published a final rule in the
Federal Register on March 12, 2015,
which became effective April 13, 2015.
This rule is part of the NASA FAR
Supplement regulatory review. As
published, the rule contained errors that
require the following changes:
• Revise section 1845.107–70(a)(1) to
correct the title of the prescribed clause
to ‘‘Contractor Requests for
Government-furnished Property.’’
• Revise section 1852.227–70 clause
title to ‘‘NEW TECHNOLOGY—OTHER
THAN A SMALL BUSINESS FIRM OR
NONPROFIT ORGANIZATION.’’
• Revise section 1852.245–70 clause
title to ‘‘Contractor Requests for
Government-furnished Property.’’
• Update the authority citation of
several NFS parts.
List of Subjects in 48 CFR Parts 1802,
1804, 1805, 1806, 1807, 1808, 1811,
1813, 1814, 1815, 1822, 1824, 1825,
1828, 1830, 1831, 1832, 1833, 1834,
1835, 1836, 1839, 1841, 1843, 1844,
1847, 1849, 1850, 1851, and 1852
Issued at Washington, DC, on March 10,
2016.
Saint Lawrence Seaway Development
Corporation.
Carrie Lavigne,
Chief Counsel.
Government procurement.
[FR Doc. 2016–05798 Filed 3–14–16; 8:45 am]
48 CFR Parts 1802, 1804, 1805, 1806,
1807, 1808, 1811, 1813, 1814, 1815,
1822, 1824, 1825, 1828, 1830, 1831,
1832, 1833, 1834, 1835, 1836, 1839,
1841, 1843, 1844, 1847, 1849, 1850,
1851, and 1852
RIN 2700–AE01 and 2700–AE09
NASA Federal Acquisition Regulation
Supplement; Correction
National Aeronautics and
Space Administration.
ACTION: Correcting amendments.
AGENCY:
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PARTS 1802, 1804, 1805, 1806, 1807,
1808, 1811, 1813, 1814, 1815, 1822,
1824, 1825, 1828, 1830, 1831, 1832,
1833, 1834, 1835, 1836, 1839, 1841,
1843, 1844, 1847, 1849, 1850, 1851, and
1852—[AMENDED]
1. The authority citation for parts
1802, 1804, 1805, 1806, 1807, 1808,
1811, 1813, 1814, 1815, 1822, 1824,
1825, 1828, 1830, 1831, 1832, 1833,
1834, 1835, 1836, 1839, 1841, 1843,
1844, 1847, 1849, 1850, 1851, and 1852
is revised to read as follows:
■
The National Aeronautics and
Space Administration (NASA)
published a final rule in the Federal
Register on Thursday, March 12, 2015
(80 FR 12935), as part of the NASA
Federal Acquisition Regulation
Supplement (NFS) regulatory review.
That final rule contained errors that
need to be corrected.
DATES: Effective: March 15, 2016.
FOR FURTHER INFORMATION CONTACT:
Manuel Quinones, NASA, Office of
SUMMARY:
Authority: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
PART 1845—GOVERNMENT
PROPERTY
1845.107–70
[Amended]
2. Amend section 1845.107–70(a)(1)
by removing ‘‘Government-Provided
■
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PART 1852—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
1852.227–70
[Amended]
3. Amend section 1852.227–70 by
removing ‘‘NEW TECHNOLOGY’’ and
adding ‘‘NEW TECHNOLOGY—OTHER
THAN A SMALL BUSINESS FIRM OR
NONPROFIT ORGANIZATION’’ in its
place.
■
4. Revise section 1852.245–70 heading
and title of the clause to read as follows:
■
1852.245–70 Contractor requests for
Government-furnished equipment.
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CONTRACTOR REQUESTS FOR
GOVERNMENT-FURNISHED PROPERTY
(AUG 2015)
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[FR Doc. 2016–05803 Filed 3–14–16; 8:45 am]
BILLING CODE 7510–13–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
48 CFR Parts 2404, 2406, 2408, 2409,
2411, 2415, 2427, 2428, 2432, 2437,
2444, and 2452
RIN 2501–AD73
Accordingly, 48 CFR parts 1802, 1804,
1805, 1806, 1807, 1808, 1811, 1813,
1814, 1815, 1822, 1824, 1825, 1828,
1830, 1831, 1832, 1833, 1834, 1835,
1836, 1839, 1841, 1843, 1844, 1847,
1849, 1850, 1851, and 1852 are
amended as follows:
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
Property’’ and adding ‘‘Governmentfurnished Property’’ in its place.
[Docket No. FR–5814–F–02]
Manuel Quinones,
NASA FAR Supplement Manager.
BILLING CODE 4910–61–P
13747
Amendments to the HUD Acquisition
Regulation (HUDAR)
Office of the Chief Procurement
Officer, HUD.
ACTION: Final rule.
AGENCY:
This final rule amends the
HUDAR to implement miscellaneous
changes necessary to update the
HUDAR. These changes include a
correction to the designation of Source
Selection Authorities, limited
delegation of Head of Contracting
Activity authorities, incorporation of the
HUDAR Matrix, addition of new clauses
including clauses relating to labor
categories and prices per hour, and postaward conferences. HUD is transitioning
to the Department of Treasury’s Bureau
of Fiscal Services’ Invoice Platform
Processing System (IPP), and this final
rule revises clauses related to payments
and invoicing to take into account both
the situations where invoicing and
payment will not be made through the
IPP and where invoices are required to
be submitted electronically through the
IPP. This final rule also clarifies that
where funding has been made available
for a contract, and the limit of the
SUMMARY:
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[Federal Register Volume 81, Number 50 (Tuesday, March 15, 2016)]
[Rules and Regulations]
[Pages 13744-13747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05798]
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DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development Corporation
33 CFR Part 401
[Docket No. SLSDC-2016-0004]
RIN 2135-AA39
Seaway Regulations and Rules: Periodic Update, Various Categories
AGENCY: Saint Lawrence Seaway Development Corporation, DOT.
ACTION: Final rule.
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SUMMARY: The Saint Lawrence Seaway Development Corporation (SLSDC) and
the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under
international agreement, jointly publish and presently administer the
St. Lawrence Seaway Regulations and Rules (Practices and Procedures in
Canada) in their respective jurisdictions. Under agreement with the
SLSMC, the SLSDC is amending the joint regulations by updating the
Seaway Regulations and Rules in various categories. The changes will
update the following sections of the Regulations and Rules: Condition
of Vessels; Seaway Navigation; and, Information and Reports. These
amendments are necessary to take account of updated procedures and will
enhance the safety of transits through the Seaway. Several of the
amendments are merely editorial or for clarification of existing
requirements.
DATES: This final rule will be effective on March 21, 2016.
ADDRESSES: 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, 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; Seaway Navigation; 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. A Notice of Proposed
Rulemaking was published in the Federal Register on February 5, 2016
(81 FR 6198). No comments were received. The joint regulations will
become effective in Canada on March 21, 2016. For consistency, because
these are joint regulations under international agreement, and to avoid
confusion among users of the Seaway, the SLSDC finds that there is good
cause to make the U.S. version of the amendments effective on the same
date.
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 amending four sections of the Condition of Vessels
portion of the joint Seaway regulations. In Sec. 401.10, ``Mooring
lines'', the two Corporations are permitting vessels not greater than
200 m in overall length to use soft lines instead of wire lines. Over
the past 3 years, vessels greater than 150 m in overall length have
been permitted to use type approved soft lines on a test basis, with
successful results. Based on these same results, the SLSDC is amending
Sec. 401.11, ``Minimum Requirements--mooring lines and fairleads'' to
permit the operator of
[[Page 13745]]
vessels of more than 150 m but not more than 200 m to use either soft
or wire lines.
In Sec. 401.13, ``Hand lines'', the SLSDC is changing the maximum
diameter of hand lines to 18 mm from 17 mm due to the fact that 17 mm
lines are no longer available. The change to Sec. 401.17, ``Pitch
indicators and alarms,'' will make a minor administrative change by
removing the effective date for the requirement.
In the Seaway Navigation portion of the regulations, the two
Corporations are making changes in several sections. Section 401.29,
``Maximum draft'', is restructured in order to clarify the requirements
for use of an operational Draft Information System. In Sec. 401.37,
``Mooring at tie-up walls'', the Seaway Corporations are requiring that
crew members handling lines on tie-up walls wear approved personal
flotation devices instead of life jackets that can be can be unsafe due
to their bulky nature. The SLSDC is changing the requirement in Sec.
401.45, ``Emergency procedures'', to make clear that when a vessel is
entering the locks too fast in an emergency situation, the vessel will
not be required to deploy mooring lines.
In the Information and Reports section, a change to Sec. 401.79,
``Advance notice of arrival, vessels requiring inspection'' is being
made that would require all foreign flagged vessels of 300 GRT or above
to submit an electronic Notice of Arrival.
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 who 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 have
determined that this rule does not have sufficient federalism
implications to warrant a Federalism Assessment.
Unfunded Mandates
The Corporation has analyzed this rule under Title II of the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 109 Stat. 48) and
determined that it does not impose unfunded mandates on State, local,
and tribal governments and the private sector requiring a written
statement of economic and regulatory alternatives.
Paperwork Reduction Act
This regulation has been analyzed under the Paperwork Reduction Act
of 1995 and does not contain new or modified information collection
requirements subject to the Office of Management and Budget review.
List of Subjects in 33 CFR Part 401
Hazardous materials transportation, Navigation (water), Penalties,
Radio, Reporting and recordkeeping requirements, Vessels, Waterways.
Accordingly, the Saint Lawrence Seaway Development Corporation is
amending 33 CFR part 401, Regulations and Rules, as follows:
PART 401--SEAWAY REGULATIONS AND RULES
Subpart A--Regulations
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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.
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2. In Sec. 401.10:
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a. Revise paragraph (b); and
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b. In the table in paragraph (d), revise the fifth entry.
The revisions read as follows:
Sec. 401.10 Mooring lines.
* * * * *
(b) Unless otherwise permitted by an officer, vessels greater than
200 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.
* * * * *
(d) * * *
Table
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Length of mooring
Overall length of ships line Breaking strength
------------------------------------------------------------------------
* * * * * * *
More than 180 m but not more than 110 m............ 35 MT.
225.5 m.
* * * * * * *
------------------------------------------------------------------------
* * * * *
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3. In Sec. 401.12, revise paragraph (a) to read as follows:
Sec. 401.12 Minimum requirements--mooring lines and fairleads.
(a) Unless otherwise permitted by the officer the minimum
requirements in respect to mooring lines which shall be available for
securing on either side of the vessel, winches and the location of
fairleads on vessels are as follows:
(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.
(i) One line shall lead forward from the break of the bow and one
line shall lead astern from the quarter and be independently power
operated by winches, capstans or windlasses and lead through closed
chocks or fairleads acceptable to the Manager and the Corporation; and
(ii) One synthetic hawser may be hand held or if wire line is used
shall be powered. The line shall lead astern
[[Page 13746]]
from the break of the bow through a closed chock to suitable bitts on
deck for synthetic line or led from a capstan, winch drums or windlass
to an approved fairlead for a wire line.
(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.
(i) All lines shall be led through closed chocks or fairleads
acceptable to the Manager and the Corporation.
(ii) One mooring line shall lead forward and one shall lead astern
from the break of the bow and one mooring line shall lead astern from
the quarter.
(3) Vessels of more than 150 m but not more than 200 m in overall
length shall have four mooring lines, wires or synthetic hawsers, which
shall be independently power operated by winches.
(i) One mooring line shall lead forward and one mooring line shall
lead astern from the break of the bow.
(ii) One mooring line shall lead forward and one mooring line shall
lead astern from the quarter.
(iii) All lines shall be led through a type of fairlead acceptable
to the Manager and the Corporation.
(4) Vessels of more than 200 m in overall length shall have four
mooring lines--wires, independently power operated by the main drums of
adequate power operated winches as follows:
(i) One mooring line shall lead forward and one mooring line shall
lead astern from the break of the bow.
(ii) One mooring line shall lead forward and one mooring line shall
lead astern from the quarter.
(iii) All lines shall be led through a type of fairlead acceptable
to the Manager and the Corporation.
(5) Every vessel shall have a minimum of two spare mooring lines
available and ready for immediate use.
* * * * *
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4. 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 18 mm and a minimum length of 30 m. The ends of
the lines shall be back spliced or tapered; and
* * * * *
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5. In Sec. 401.17, revise paragraph (b) to read as follows:
Sec. 401.17 Pitch indicators and alarms.
* * * * *
(b) Visible and audible pitch alarms, with a time delay of not
greater than 8 seconds, in the wheelhouse and engineer room to indicate
wrong pitch.
* * * * *
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6. In Sec. 401.29, revise paragraph (c) and remove paragraphs (d)
through (h) to read as follows:
Sec. 401.29 Maximum draft.
* * * * *
(c) Any vessel will be permitted to load at an increased draft of
not more than 7 cm above the maximum permissible draft in effect as
prescribed under paragraph (b) of this section if it is equipped with a
Draft Information System (DIS) and meets the following:
(1) An operational Draft Information System (DIS) approved by a
member of the International Association of Classification Societies
(IACS) as compliant with the Implementation Specifications found at
www.greatlakes-seaway.com and having on board:
(i) An operational AIS with accuracy = 1 (DGPS); and
(ii) Up-to-date electronic navigational charts; and
(iii) Up-to-date charts containing high resolution bathymetric
data; and
(2) The DIS Tool Display shall be located close to the primary
conning position, be visible and legible; and equipped with a pilot
plug, if using a portable DIS.
(i) Verification document of the DIS must be kept on board the
vessel at all times and made available for inspection.
(ii) A company letter attesting to officer training on use of the
DIS must be kept on board and made available for inspection.
(iii) In every navigation season, a vessel intending to use the DIS
must notify the Manager of the Corporation in writing at least 24 hours
prior to the commencement of its initial transit in the System with the
DIS.
(iv) If for any reason the DIS or AIS becomes inoperable,
malfunctions or is not used while the vessel is transiting at a draft
greater than the maximum permissible draft prescribed under paragraph
(b) of this section in effect at the time, the vessel must notify the
Manager or the Corporation immediately.
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7. In Sec. 401.37, revise paragraph (b) to read as follows:
Sec. 401.37 Mooring at tie-up walls.
* * * * *
(b) Crew members being put ashore on landing booms and handling
mooring lines on tie-up walls shall wear approved personal flotation
devices.
* * * * *
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8. Revise Sec. 401.44 to read as follows:
Sec. 401.44 Mooring in locks.
(a) Mooring lines shall only be placed on mooring posts as directed
by the officer in charge of the mooring operation.
(b) No winch from which a mooring line runs shall be operated until
the officer in charge of a mooring operation has signaled that the line
has been placed on a mooring post.
(c) 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 shall be
kept slack until the ``all clear'' signal is given by the lock
personnel.
(d) Vessels being moored by ``Hands Free Mooring'' system (HFM)
shall have a minimum of 2 well rested crew members on deck during the
lockage.
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9. Revise Sec. 401.45 to read as follows:
Sec. 401.45 Emergency procedure.
When the speed of a vessel entering a lock chamber has to be
checked, the master shall take all necessary precautions to stop the
vessel in order to avoid contact with lock structures. At no time shall
the vessel deploy its anchors to stop the vessel when entering a lock
chamber.
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10. Revise Sec. 401.47 to read as follows:
Sec. 401.47 Leaving a lock.
(a) Mooring lines shall only be cast off as directed by the officer
in charge of a mooring operation.
(b) No vessel shall proceed out of a lock until the exit gates,
ship arresters and the bridge, if any, are in a fully open position.
(c) When ``Hands Free Mooring system (HFM) is used, no vessel shall
use its engine(s) until the lock operator provides the ``all clear''
instruction.
(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)
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11. In Sec. 401.79, revise paragraph (a) introductory text to read as
follows:
Sec. 401.79 Advance notice of arrival, vessels requiring inspection.
(a) Advance notice of arrival. All foreign flagged vessels of 300
GRT or above intending to transit the Seaway shall submit a completed
electronic Notice of Arrival (NOA) prior to entering at call in point 2
(CIP2) as follows:
* * * * *
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12. In Sec. 401.80, add paragraph (c) to read as follows:
Sec. 401.80 Reporting dangerous cargo.
* * * * *
[[Page 13747]]
(c) Vessels carrying ``Certain Dangerous Cargo'' (CDC) as defined
in the United States Coast Guard regulations 33 CFR 160.202, which is
the same as the definition in the Transport Canada ``Marine
Transportation Security Regulations'' (MTSR's), shall report the
``Certain Dangerous Cargo'' to the nearest Seaway station prior to a
Seaway transit.
* * * * *
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13. In appendix I to subpart A, revise the Caution statement to read as
follows:
Appendix I to Subpart A of Part 401--Vessel Dimensions
* * * * *
Caution: Masters must take into account the ballast draft of the
vessel when verifying the maximum permissible dimensions. Bridge
wings, antennas, masts and, in some cases, the samson posts or store
cranes could be outside the limits of the block diagram and could
override the lock wall. Masters and pilots must take this into
consideration and exercise extreme caution when entering or exiting
locks to ensure that the vessel does not contact any of the
structures on the lock.
* * * * *
Issued at Washington, DC, on March 10, 2016.
Saint Lawrence Seaway Development Corporation.
Carrie Lavigne,
Chief Counsel.
[FR Doc. 2016-05798 Filed 3-14-16; 8:45 am]
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