Seaway Regulations and Rules: Periodic Update, Various Categories, 1881-1884 [2024-31566]
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Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Rules and Regulations
Docket No.
USCG–2021–0881
USCG–2021–0856
USCG–2021–0884
USCG–2021–0860
USCG–2021–0853
USCG–2021–0806
USCG–2021–0903
USCG–2021–0864
USCG–2021–0921
USCG–2021–0895
USCG–2021–0890
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Type of regulation
Location
Safety Zones (Parts 147 and 165) ..
Safety Zones (Parts 147 and 165) ..
Safety Zones (Parts 147 and 165) ..
Security Zones (Part 165) ...............
Safety Zones (Parts 147 and 165) ..
Safety Zones (Parts 147 and 165) ..
Safety Zones (Parts 147 and 165) ..
Safety Zones (Parts 147 and 165) ..
Safety Zones (Parts 147 and 165) ..
Safety Zones (Parts 147 and 165) ..
Safety Zones (Parts 147 and 165) ..
Chicago, IL .............................................................
Pittsburgh, PA ........................................................
Moline, IL ................................................................
Nantucket, MA ........................................................
Parkville, MO ..........................................................
Rockport, TX ..........................................................
San Bernard National Wildlife Refuge, TX ............
Sausalito, CA .........................................................
Corpus Christi, TX ..................................................
Galveston Bay, TX .................................................
Philadelphia, PA .....................................................
Michael Cunningham,
Chief, Office of Regulations and
Administrative Law.
Great Lakes St. Lawrence Seaway
Development Corporation, 180 Andrews
Street, Massena, New York 13662; (315)
764–3200.
[FR Doc. 2025–00185 Filed 1–8–25; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF TRANSPORTATION
Great Lakes St. Lawrence Seaway
Development Corporation
33 CFR Part 401
RIN 2135–AA5
Seaway Regulations and Rules:
Periodic Update, Various Categories
Great Lakes St. Lawrence
Seaway Development Corporation,
Department of Transportation (DOT).
ACTION: Final rule.
AGENCY:
The Great Lakes St. Lawrence
Seaway Development Corporation (GLS)
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
GLS is amending the joint regulations
by updating the regulations and rules in
various categories. These changes are to
clarify existing requirements in the
regulations.
DATES: This rule is effective on January
10, 2025.
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,
khammond on DSK9W7S144PROD with RULES
SUMMARY:
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The GLS
and 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
GLS is amending the joint regulations
by updating the Regulations and Rules
in various categories. The changes
update the following sections of the
Regulations and Rules: Condition of
Vessels, Seaway Navigation, Radio
Communications, Dangerous Cargo,
Information and Reports, and General.
These changes are to clarify existing
requirements in the regulations.
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 (65 FR 19477–78) or you may visit
https://www.regulations.gov.
The joint regulations will become
effective in Canada in 2025 prior to the
opening of the Seaway. For consistency,
because these are joint regulations
under international agreement, and to
avoid confusion among users of the
Seaway, the GLS finds that there is good
cause to make the U.S. version of the
amendments effective upon the date of
publication to ensure an effective date
prior to the Seaway opening.
SUPPLEMENTARY INFORMATION:
Jkt 265001
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
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Enforcement
date
11/20/2021
11/20/2021
11/22/2021
11/22/2021
12/3/2021
12/4/2021
12/6/2021
12/11/2021
12/22/2021
12/31/2021
12/31/2021
Regulatory Policies and Procedures is
not required.
Regulatory Flexibility Act
Determination
The GLS certifies 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 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.
E:\FR\FM\10JAR1.SGM
10JAR1
1882
Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Rules and Regulations
List of Subjects in 33 CFR Part 401
Hazardous materials transportation,
Navigation (water), Penalties, Radio,
Reporting and recordkeeping
requirements, Vessels, Waterways.
Accordingly, the Great Lakes St.
Lawrence Seaway Development
Corporation is amending 33 CFR part
401 as follows:
PART 401—SEAWAY REGULATIONS
AND RULES
Subpart A—Regulations
1. The authority citation for part 401,
subpart A continues to read as follows:
■
Authority: 33 U.S.C. 983(a) and 984(a)(4),
as amended; 49 CFR 1.101, unless otherwise
noted.
■
2. Revise § 401.8 to read as follows:
§ 401.8
Landing booms.
(a) Vessels of more than 50 m in
overall length and a freeboard of 2m or
more may be equipped with landing
booms.
(b) For vessels with landing booms:
(1) Vessel must be equipped with an
adequate landing boom on each side;
(2) Landing booms must be in
compliance with applicable regulations;
(3) Vessel’s crews shall be adequately
trained in the use of landing booms for
the purpose of landing crew ashore; and
(4) Vessel must have onboard for
inspection the following documents:
(i) A copy of the test certificates for
each of the landing booms from either
a classification society or a third party,
dated within 5 years;
(ii) Documents to demonstrate
appropriate training; and
(iii) Documented tests and
maintenance records of landing boom
equipment.
(c) At the U.S. Locks, vessels not
equipped with or not using landing
booms may be tied up at the approach
walls based on Lock personnel
availability.
(d) At the Canadian Locks, vessels not
equipped with or not using landing
booms may be delayed and/or put to
anchor until such time that the traffic
pattern can accommodate their transit.
3. Amend § 401.9 by:
a. Revising paragraph (c); and
■ b. Removing the parenthetical
authority citation at the end of the
section.
The revision reads as follows:
■
■
§ 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, must be
reported to the nearest Seaway station
and serviced at the first opportunity.
■ 5. Amend § 401.10 by:
■ a. Revising the table following
paragraph (d); and
■ b. Removing the parenthetical
authority citation at the end of the
section.
The revision reads as follows:
§ 401.10
*
Mooring lines.
*
*
(d) * * *
*
*
TABLE 1 TO PARAGRAPH (d)
Length of
mooring line
(m)
Overall length of ships
40 m
more
more
more
more
more
or more but not more than 60 m ....................................................................................................................
than 60 m but not more than 90 m ................................................................................................................
than 90 m but not more than 120 m ..............................................................................................................
than 120 m but not more than 180 m ............................................................................................................
than 180 m but not more than 200 m ............................................................................................................
than 200 m but not more than 225.5 m .........................................................................................................
Breaking
strength
(MT)
110
110
110
110
110
110
10
15
20
28
31
35
Elongation of synthetic lines shall not exceed 20%.
*
*
*
*
*
■ 4. Amend § 401.12 by revising the
table in paragraph (b) to read as follows:
§ 401.12 Minimum requirements—mooring
lines and fairleads.
*
*
*
*
(b) * * *
*
TABLE 1 TO PARAGRAPH (b)
Overall length of ships
For mooring lines Nos. 1 and 2
For mooring lines Nos. 3 and 4
100 m or more but not more than 180 m ..........
Shall be at a location on the ship side where
the beam is at least 90% of the full beam of
the ship.
Between 20 m & 50 m from the stern .............
Shall be at a location on the ship side where
the beam is at least 90% of the full beam of
the ship.
Between 20 m & 50 m from the stern.
more than 180 m but not more than 225.5m .....
5. Amend § 401.13 by revising
paragraph (b) to read as follows:
6. Amend § 401.14 by revising the
section heading and paragraph (a) to
read as follows:
■
khammond on DSK9W7S144PROD with RULES
§ 401.13
■
Hand lines.
*
*
*
*
*
(b) Be of uniform thickness and have
a diameter of not less than 12mm and
not more than 18 mm and a minimum
length of 30m; and
*
*
*
*
*
§ 401.14
Anchors, anchor marking buoys.
(a) Every vessel shall have their
anchors cleared and have the anchor
marking buoys free to deploy (weak link
to hold buoy line onboard) with the
buoy lines firmly secured to each
anchor, and ready to be released prior
to entering the Seaway.
*
*
*
*
*
■ 7. Amend § 401.17 by:
■ a. Revising paragraph (b); and
■ b. Removing the parenthetical
authority citation at the end of the
section.
The revision reads as follows:
§ 401.17
*
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*
Pitch indicators and alarms.
*
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*
Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Rules and Regulations
(b) Visible and audible pitch alarms,
with a time delay of not greater than 8
seconds, in the wheelhouse and engine
room to indicate wrong way pitch.
■ 8. Amend § 401.19 by:
■ a. Revising paragraph (d); and
■ b. Removing the parenthetical
authority citation at the end of the
section.
The revision reads as follows:
§ 401.19
Disposal and discharge systems.
*
*
*
*
*
(d) Burning of shipboard garbage is
prohibited between call in point 2 (CIP
2) and Cape Vincent, and between CIP
15 and 16.
■ 9. Amend § 401.29 by revising
paragraph (c) to read as follows:
§ 401.29
Maximum draft.
khammond on DSK9W7S144PROD with RULES
*
*
*
*
*
(c) Any vessel will be permitted to
load at an increased draught of not more
than 7 cm above the maximum
permissible draught in effect as
prescribed under paragraph (b) of this
section if it is equipped with a Draught
Information System (DIS) and meets the
following:
(1) An operational Draught
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 onboard:
(i) An operational AIS with accuracy
approved by the Seaway; and
(ii) Up-to-date electronic charts; and
(iii) Up-to-date charts containing high
resolution bathymetric data; and
(iv) Vessels must be equipped with a
bow thruster and bow thruster must be
operational.
(2) The DIS Tool Display shall be
located as close to the primary conning
position and be visible and legible.
(i) Verification document of the DIS
must be kept on board the vessel at all
times and made available for inspection;
(ii) DIS license to use the software
must be valid;
(iii) Software version of DIS matches
the version in the IACS verification
letter, or higher;
(iv) A company letter attesting to
officer training on use of the DIS must
be kept on board and made available for
inspection; and
(v) When transiting Seaway waters
with the DIS, a trained officer on the use
of the DIS must be on the bridge.
(3) Any vessel not yet approved, but
intending to use the DIS in the Seaway
must notify the Manager or the
Corporation at least 96 hours in advance
so that arrangements can be made for
appropriate testing for approval to use
the DIS to transit the Seaway.
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(4) A vessel already approved to use
the DIS to transit the Seaway must email
a completed DIS Confirmation Checklist
(found at www.greatlakes-seaway.com)
to slsmcmarineservices@seaway.ca 96
hours prior to its initial transit of the
navigation season.
(5) If for any reason the DIS, AIS, or
bow thruster becomes inoperable,
malfunctions, or is not used while the
vessel is transiting at a draught greater
than the maximum permissible draught
prescribed under paragraph (b) of this
section in effect at the time, the vessel
must notify the Manager or the
Corporation immediately.
■ 10. Amend § 401.31 by:
■ a. Revising paragraph (b); and
■ b. Removing the parenthetical
authority citation at the end of the
section.
The revision reads as follows:
§ 401.31
Meeting and passing.
*
*
*
*
(b) No vessel shall meet another
vessel within the area between the
caution signs at bridges or within any
area that is designated as a no meeting
area by the Manager or the Corporation.
*
*
*
*
*
■ 11. Amend § 401.35 by revising
paragraph (b) to read as follows:
*
*
*
*
*
(b) Operate the propulsion machinery
so that it can respond immediately
though its full operating range;
(1) Vessels equipped with an Engine
Power Limitation system (EPL) or Shaft
Power Limitation system (ShaPoLi)
shall override the EPL or ShaPoLi while
transiting at the Seaway.
(2) [Reserved]
*
*
*
*
*
■ 12. Revise § 401.39–1 to read as
follows:
Raising fenders.
Every vessel equipped with fenders
that are not permanently attached shall
raise its fenders when passing a lock
gate or HFM equipment.
■ 13. Amend § 401.42 by:
■ a. Adding paragraphs (a)(1)(i) and (ii);
■ b. Revising paragraph (a)(2); and
■ c. Removing the parenthetical
authority citation at the end of the
section.
The additions and revision read as
follows:
§ 401.42
Passing hand lines.
(a) * * *
(1) * * *
(i) For the #4 mooring wire, the hand
line shall be passed to the linehandlers
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§ 401.44
Mooring in locks.
*
*
*
*
(c) Vessels being moored by the
Hands-Free Mooring system (HFM) or
passing through a lock without the use
of mooring lines shall have a minimum
of one (1) well rested crew member on
deck during the lockage to assist the
bridge team.
*
*
*
*
*
■ 15. Revise § 401.58 to read as follows:
§ 401.58
Navigation underway.
§ 401.39–1
at the lock as soon as the vessel’s aft
fairleads pass the open gates.
(ii) For the #2 mooring wire, the hand
line shall be passed to the linehandlers
at the lock as soon as the forward
fairleads pass the last HFM unit.
(2) Hand lines shall be passed to
upbound vessels by the linehandlers as
soon as the vessel passes the last HFM
unit, and secured, by means of a clove
hitch, to the mooring lines 60 cm
behind the splice of the eye;
*
*
*
*
*
■ 14. Amend § 401.44 by:
■ a. Redesignating paragraph (c) as
paragraph (d);
■ b. Adding a new paragraph (c); and
■ c. Removing newly redesignated
paragraph (d)(4).
The addition reads as follows:
*
*
§ 401.35
1883
Pleasure craft scheduling.
(a) At the U.S. locks, the transit of
pleasure craft shall be scheduled by the
traffic controller or the officer in charge
of a lock and may be delayed in order
to avoid interference with other vessels;
and
(b) Every pleasure craft seeking to
transit Canadian locks shall first make a
reservation on the Seaway website
according to the available schedule.
■ 16. Amend § 401.65 by:
■ a. Revising paragraphs (b) and (c); and
■ b. Removing the parenthetical
authority citation at the end of the
section.
The revisions read as follows:
§ 401.65 Communication—ports, docks
and anchorages.
*
*
*
*
*
(b) Every vessel arriving at a port,
dock, or anchorage shall report to the
appropriate Seaway station, giving an
estimated time of departure if possible.
(c) At least four hours prior to
departure from a port, dock, or
anchorage, every vessel shall report to
the appropriate Seaway station its
destination and its expected time of
arrival at the next check point.
*
*
*
*
*
■ 17. Amend § 401.67 by revising the
section heading to read as follows:
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§ 401.67
Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Rules and Regulations
Carrying explosives.
§ 401.94
*
*
*
*
*
■ 18. Amend § 401.73 by revising
paragraph (b) to read as follows:
§ 401.73 Cleaning tanks—hazardous cargo
vessels.
*
*
*
*
*
(b) Hot work permission. Before any
hot work, defined as any work that uses
flame or that can produce a source of
ignition, cutting or welding, is carried
out by any vessel on any designated St.
Lawrence Seaway Management
Corporation (SLSMC) approach walls,
Cote St. Catherine wharf or wharves in
the Welland Canal, a written request
must be sent to the SLSMC, preferably
24 hours prior to the vessel’s arrival on
the SLSMC approach walls or wharves.
The hot work shall not commence until
approval is obtained from an SLSMC
Traffic Control Center.
(1) Permission is granted under the
following conditions:
(i) Copy of vessel’s ‘‘Hot Work
Permit’’ is provided to the SLSMC
before welding commences;
(A) In the Welland Canal, send to:
nerie@seaway.ca and nrshipinspectors@
seaway.ca.
(B) In the MLO Section, send to: cdo@
seaway.ca and inspecteursvm@
seaway.ca.
(ii) Name of company performing the
hot work is provided;
(iii) Effective fire watch is maintained;
(iv) Welding operations shall
temporarily cease during vessel meets
and lockages;
(v) Welding operations shall cease at
the direction of a Traffic Controller; and
(vi) All sparks and/or flames are to be
contained on the vessel.
(2) [Reserved]
*
*
*
*
*
■ 19. Amend § 401.84 by:
■ a. Adding a semicolon at the end of
paragraph (c);
■ b. Revising paragraph (d); and
■ c. Removing the parenthetical
authority citation at the end of the
section.
The revision reads as follows:
§ 401.84 Reporting of impairment or other
hazard by vessels transiting within the
Seaway.
khammond on DSK9W7S144PROD with RULES
*
*
*
*
*
(d) Any modification or malfunction
on the vessel of equipment and
machinery that is noted as operational
in the current ‘‘Enhanced Ship
Inspection’’ or ‘‘Self-Inspection’’ of the
vessel;
*
*
*
*
*
■ 20. Revise § 401.94 to read as follows:
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Keeping copies of documents.
(a) A paper copy of the vessel’s valid
Ship Inspection Report shall be kept on
board every vessel in transit. It must be
easily accessible in the wheelhouse.
(b) A paper or electronic copy of this
subpart (the ‘‘Rules and Regulations’’)
and the Seaway Notices for the current
navigation year shall be kept easily
accessible in the wheelhouse of every
vessel in transit.
(c) Onboard every vessel transiting the
Seaway, a duplicate set of the vessel’s
Fire Control Plans shall be permanently
stored in a prominently marked
weather-tight enclosure outside the
deckhouse for the assistance of shore
side fire-fighting personnel.
Issued at Washington, DC, under authority
delegated at 49 CFR 1.101.
Great Lakes St. Lawrence Seaway
Development Corporation.
Carrie Lavigne,
Chief Counsel.
[FR Doc. 2024–31566 Filed 1–8–25; 8:45 am]
BILLING CODE 4910–61–P
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 384
[Docket No. 2012–1 CRB Business
Establishments II; Docket No. 2007–1 CRB
DTRA–BE]
Ruling on Regulatory Interpretation for
Business Establishment Services
Copyright Royalty Board,
Library of Congress.
ACTION: Ruling on regulatory
interpretation.
AGENCY:
The Copyright Royalty Judges
publish their ruling on regulatory
interpretation in a matter that was
referred to them by the United States
District Court for the District of
Columbia. The regulation at issue is the
definition of ‘‘Gross Proceeds’’ in the
rates and terms set forth through
settlements in the BES I and BES II
proceedings in 37 CFR 384.3(a), which
is used when calculating royalty
payments paid to SoundExchange, a
collective for copyright owners, in
relation to digital transmissions of
sound recordings pursuant to the
statutory license in 17 U.S.C. 112.
DATES: January 10, 2025
ADDRESSES: The ruling is posted in
eCRB at https://app.crb.gov/. For access
to the docket, go to eCRB, the Copyright
Royalty Board’s electronic filing and
case management system, at https://
app.crb.gov/, and search for docket
SUMMARY:
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numbers 2012–1 CRB Business
Establishments II and 2007–1 CRB
DTRA–BES.
FOR FURTHER INFORMATION CONTACT:
Anita Brown, CRB Program Specialist,
at (202) 707–7658 or crb@loc.gov.
SUPPLEMENTARY INFORMATION:
Ruling on Regulatory Interpretation
Referred by the United States District
Court for the District of Columbia
Background
On February 9, 2022, SoundExchange
submitted a motion 1 to the Copyright
Royalty Judges (Judges) to reopen
certain proceedings addressing
determinations of royalty rates and
terms under the 17 U.S.C. 112 license
for making ephemeral copies of sound
recordings for transmission by a
Business Establishment Service (BES) in
three proceedings, BES I, BES II, and
BES III.2
SoundExchange’s request arose from
litigation before the U.S. District Court
for the District of Columbia (District
Court) in which SoundExchange alleged
that Music Choice had failed to pay
royalties due under 17 U.S.C. 112 for
the license to reproduce and transmit
ephemeral copies of sound recordings to
business establishments. See
SoundExchange, Inc. v. Music Choice,
No. 19–999 (RBW) (D.D.C. Dec. 20,
2021) (District Court Action). The
District Court determined it was
appropriate to refer a matter of
regulatory interpretation regarding 37
CFR 384.3(a) to the Judges under the
doctrine of primary jurisdiction and
found that the Judges have continuing
jurisdiction to clarify the BES
regulations, even though those
regulations were originally formulated
by the Copyright Arbitration Royalty
Panel (CARP), a rate setting body that
preceded the Copyright Royalty Board
(Board). See District Court Action,
Memorandum Opinion at 9–10 (Dec. 20,
2021) (Memorandum Opinion) (attached
to the Motion as Exhibit B) (citing
Report of the Copyright Arbitration
Royalty Panel to the Librarian of
Congress, Rate Setting for Digital
Performance Right in Sound Recordings
and Ephemeral Recordings, Docket No.
2000–9 CARP DTRA 1 & 2 at B–7 (Feb.
20, 2002) (Web I CARP Report)).
1 Motion of SoundExchange, Inc. to Reopen
Business Establishment Service Rate Proceedings
for the Limited Purpose of Interpreting Regulations
on Referral from the U.S. District Court for the
District of Columbia (February 9, 2022) (eCRB no.
26146) (Motion).
2 Docket Nos. 2007–1 CRB DTRA–BE (2009–2013)
(‘‘BES I’’), 2012–1 CRB Business Establishments II
(2014–2018) (‘‘BES II’’), and 17–CRB–0001–BER
(2019–2023) (‘‘BES III’’).
E:\FR\FM\10JAR1.SGM
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Agencies
- DEPARTMENT OF TRANSPORTATION
- Great Lakes St. Lawrence Seaway Development Corporation
[Federal Register Volume 90, Number 6 (Friday, January 10, 2025)]
[Rules and Regulations]
[Pages 1881-1884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31566]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Great Lakes St. Lawrence Seaway Development Corporation
33 CFR Part 401
RIN 2135-AA5
Seaway Regulations and Rules: Periodic Update, Various Categories
AGENCY: Great Lakes St. Lawrence Seaway Development Corporation,
Department of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The Great Lakes St. Lawrence Seaway Development Corporation
(GLS) 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 GLS is amending the joint regulations by
updating the regulations and rules in various categories. These changes
are to clarify existing requirements in the regulations.
DATES: This rule is effective on January 10, 2025.
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,
Great Lakes St. Lawrence Seaway Development Corporation, 180 Andrews
Street, Massena, New York 13662; (315) 764-3200.
SUPPLEMENTARY INFORMATION: The GLS and 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 GLS is amending the joint regulations by updating the
Regulations and Rules in various categories. The changes update the
following sections of the Regulations and Rules: Condition of Vessels,
Seaway Navigation, Radio Communications, Dangerous Cargo, Information
and Reports, and General. These changes are to clarify existing
requirements in the regulations.
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 (65 FR 19477-78) or you may visit
https://www.regulations.gov.
The joint regulations will become effective in Canada in 2025 prior
to the opening of the Seaway. For consistency, because these are joint
regulations under international agreement, and to avoid confusion among
users of the Seaway, the GLS finds that there is good cause to make the
U.S. version of the amendments effective upon the date of publication
to ensure an effective date prior to the Seaway opening.
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
The GLS certifies 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 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.
[[Page 1882]]
List of Subjects in 33 CFR Part 401
Hazardous materials transportation, Navigation (water), Penalties,
Radio, Reporting and recordkeeping requirements, Vessels, Waterways.
Accordingly, the Great Lakes St. Lawrence Seaway Development
Corporation is amending 33 CFR part 401 as follows:
PART 401--SEAWAY REGULATIONS AND RULES
Subpart A--Regulations
0
1. The authority citation for part 401, subpart A continues to read as
follows:
Authority: 33 U.S.C. 983(a) and 984(a)(4), as amended; 49 CFR
1.101, unless otherwise noted.
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2. Revise Sec. 401.8 to read as follows:
Sec. 401.8 Landing booms.
(a) Vessels of more than 50 m in overall length and a freeboard of
2m or more may be equipped with landing booms.
(b) For vessels with landing booms:
(1) Vessel must be equipped with an adequate landing boom on each
side;
(2) Landing booms must be in compliance with applicable
regulations;
(3) Vessel's crews shall be adequately trained in the use of
landing booms for the purpose of landing crew ashore; and
(4) Vessel must have onboard for inspection the following
documents:
(i) A copy of the test certificates for each of the landing booms
from either a classification society or a third party, dated within 5
years;
(ii) Documents to demonstrate appropriate training; and
(iii) Documented tests and maintenance records of landing boom
equipment.
(c) At the U.S. Locks, vessels not equipped with or not using
landing booms may be tied up at the approach walls based on Lock
personnel availability.
(d) At the Canadian Locks, vessels not equipped with or not using
landing booms may be delayed and/or put to anchor until such time that
the traffic pattern can accommodate their transit.
0
3. Amend Sec. 401.9 by:
0
a. Revising paragraph (c); and
0
b. Removing the parenthetical authority citation at the end of the
section.
The revision reads 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,
must be reported to the nearest Seaway station and serviced at the
first opportunity.
0
5. Amend Sec. 401.10 by:
0
a. Revising the table following paragraph (d); and
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b. Removing the parenthetical authority citation at the end of the
section.
The revision reads as follows:
Sec. 401.10 Mooring lines.
* * * * *
(d) * * *
Table 1 to Paragraph (d)
------------------------------------------------------------------------
Length of
Overall length of ships mooring line Breaking
(m) strength (MT)
------------------------------------------------------------------------
40 m or more but not more than 60 m..... 110 10
more than 60 m but not more than 90 m... 110 15
more than 90 m but not more than 120 m.. 110 20
more than 120 m but not more than 180 m. 110 28
more than 180 m but not more than 200 m. 110 31
more than 200 m but not more than 225.5 110 35
m......................................
------------------------------------------------------------------------
Elongation of synthetic lines shall not exceed 20%.
* * * * *
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4. Amend Sec. 401.12 by revising the table in paragraph (b) to read as
follows:
Sec. 401.12 Minimum requirements--mooring lines and fairleads.
* * * * *
(b) * * *
Table 1 to Paragraph (b)
------------------------------------------------------------------------
For mooring lines For mooring lines
Overall length of ships Nos. 1 and 2 Nos. 3 and 4
------------------------------------------------------------------------
100 m or more but not more Shall be at a Shall be at a
than 180 m. location on the location on the
ship side where the ship side where the
beam is at least beam is at least
90% of the full 90% of the full
beam of the ship. beam of the ship.
more than 180 m but not more Between 20 m & 50 m Between 20 m & 50 m
than 225.5m. from the stern. from the stern.
------------------------------------------------------------------------
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5. Amend Sec. 401.13 by revising paragraph (b) to read as follows:
Sec. 401.13 Hand lines.
* * * * *
(b) Be of uniform thickness and have a diameter of not less than
12mm and not more than 18 mm and a minimum length of 30m; and
* * * * *
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6. Amend Sec. 401.14 by revising the section heading and paragraph (a)
to read as follows:
Sec. 401.14 Anchors, anchor marking buoys.
(a) Every vessel shall have their anchors cleared and have the
anchor marking buoys free to deploy (weak link to hold buoy line
onboard) with the buoy lines firmly secured to each anchor, and ready
to be released prior to entering the Seaway.
* * * * *
0
7. Amend Sec. 401.17 by:
0
a. Revising paragraph (b); and
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b. Removing the parenthetical authority citation at the end of the
section.
The revision reads as follows:
Sec. 401.17 Pitch indicators and alarms.
* * * * *
[[Page 1883]]
(b) Visible and audible pitch alarms, with a time delay of not
greater than 8 seconds, in the wheelhouse and engine room to indicate
wrong way pitch.
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8. Amend Sec. 401.19 by:
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a. Revising paragraph (d); and
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b. Removing the parenthetical authority citation at the end of the
section.
The revision reads as follows:
Sec. 401.19 Disposal and discharge systems.
* * * * *
(d) Burning of shipboard garbage is prohibited between call in
point 2 (CIP 2) and Cape Vincent, and between CIP 15 and 16.
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9. Amend Sec. 401.29 by revising paragraph (c) to read as follows:
Sec. 401.29 Maximum draft.
* * * * *
(c) Any vessel will be permitted to load at an increased draught of
not more than 7 cm above the maximum permissible draught in effect as
prescribed under paragraph (b) of this section if it is equipped with a
Draught Information System (DIS) and meets the following:
(1) An operational Draught 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 onboard:
(i) An operational AIS with accuracy approved by the Seaway; and
(ii) Up-to-date electronic charts; and
(iii) Up-to-date charts containing high resolution bathymetric
data; and
(iv) Vessels must be equipped with a bow thruster and bow thruster
must be operational.
(2) The DIS Tool Display shall be located as close to the primary
conning position and be visible and legible.
(i) Verification document of the DIS must be kept on board the
vessel at all times and made available for inspection;
(ii) DIS license to use the software must be valid;
(iii) Software version of DIS matches the version in the IACS
verification letter, or higher;
(iv) A company letter attesting to officer training on use of the
DIS must be kept on board and made available for inspection; and
(v) When transiting Seaway waters with the DIS, a trained officer
on the use of the DIS must be on the bridge.
(3) Any vessel not yet approved, but intending to use the DIS in
the Seaway must notify the Manager or the Corporation at least 96 hours
in advance so that arrangements can be made for appropriate testing for
approval to use the DIS to transit the Seaway.
(4) A vessel already approved to use the DIS to transit the Seaway
must email a completed DIS Confirmation Checklist (found at
www.greatlakes-seaway.com) to [email protected] 96 hours
prior to its initial transit of the navigation season.
(5) If for any reason the DIS, AIS, or bow thruster becomes
inoperable, malfunctions, or is not used while the vessel is transiting
at a draught greater than the maximum permissible draught 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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10. Amend Sec. 401.31 by:
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a. Revising paragraph (b); and
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b. Removing the parenthetical authority citation at the end of the
section.
The revision reads as follows:
Sec. 401.31 Meeting and passing.
* * * * *
(b) No vessel shall meet another vessel within the area between the
caution signs at bridges or within any area that is designated as a no
meeting area by the Manager or the Corporation.
* * * * *
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11. Amend Sec. 401.35 by revising paragraph (b) to read as follows:
Sec. 401.35 Navigation underway.
* * * * *
(b) Operate the propulsion machinery so that it can respond
immediately though its full operating range;
(1) Vessels equipped with an Engine Power Limitation system (EPL)
or Shaft Power Limitation system (ShaPoLi) shall override the EPL or
ShaPoLi while transiting at the Seaway.
(2) [Reserved]
* * * * *
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12. Revise Sec. 401.39-1 to read as follows:
Sec. 401.39-1 Raising fenders.
Every vessel equipped with fenders that are not permanently
attached shall raise its fenders when passing a lock gate or HFM
equipment.
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13. Amend Sec. 401.42 by:
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a. Adding paragraphs (a)(1)(i) and (ii);
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b. Revising paragraph (a)(2); and
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c. Removing the parenthetical authority citation at the end of the
section.
The additions and revision read as follows:
Sec. 401.42 Passing hand lines.
(a) * * *
(1) * * *
(i) For the #4 mooring wire, the hand line shall be passed to the
linehandlers at the lock as soon as the vessel's aft fairleads pass the
open gates.
(ii) For the #2 mooring wire, the hand line shall be passed to the
linehandlers at the lock as soon as the forward fairleads pass the last
HFM unit.
(2) Hand lines shall be passed to upbound vessels by the
linehandlers as soon as the vessel passes the last HFM unit, and
secured, by means of a clove hitch, to the mooring lines 60 cm behind
the splice of the eye;
* * * * *
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14. Amend Sec. 401.44 by:
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a. Redesignating paragraph (c) as paragraph (d);
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b. Adding a new paragraph (c); and
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c. Removing newly redesignated paragraph (d)(4).
The addition reads as follows:
Sec. 401.44 Mooring in locks.
* * * * *
(c) Vessels being moored by the Hands-Free Mooring system (HFM) or
passing through a lock without the use of mooring lines shall have a
minimum of one (1) well rested crew member on deck during the lockage
to assist the bridge team.
* * * * *
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15. Revise Sec. 401.58 to read as follows:
Sec. 401.58 Pleasure craft scheduling.
(a) At the U.S. locks, the transit of pleasure craft shall be
scheduled by the traffic controller or the officer in charge of a lock
and may be delayed in order to avoid interference with other vessels;
and
(b) Every pleasure craft seeking to transit Canadian locks shall
first make a reservation on the Seaway website according to the
available schedule.
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16. Amend Sec. 401.65 by:
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a. Revising paragraphs (b) and (c); and
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b. Removing the parenthetical authority citation at the end of the
section.
The revisions read as follows:
Sec. 401.65 Communication--ports, docks and anchorages.
* * * * *
(b) Every vessel arriving at a port, dock, or anchorage shall
report to the appropriate Seaway station, giving an estimated time of
departure if possible.
(c) At least four hours prior to departure from a port, dock, or
anchorage, every vessel shall report to the appropriate Seaway station
its destination and its expected time of arrival at the next check
point.
* * * * *
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17. Amend Sec. 401.67 by revising the section heading to read as
follows:
[[Page 1884]]
Sec. 401.67 Carrying explosives.
* * * * *
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18. Amend Sec. 401.73 by revising paragraph (b) to read as follows:
Sec. 401.73 Cleaning tanks--hazardous cargo vessels.
* * * * *
(b) Hot work permission. Before any hot work, defined as any work
that uses flame or that can produce a source of ignition, cutting or
welding, is carried out by any vessel on any designated St. Lawrence
Seaway Management Corporation (SLSMC) approach walls, Cote St.
Catherine wharf or wharves in the Welland Canal, a written request must
be sent to the SLSMC, preferably 24 hours prior to the vessel's arrival
on the SLSMC approach walls or wharves. The hot work shall not commence
until approval is obtained from an SLSMC Traffic Control Center.
(1) Permission is granted under the following conditions:
(i) Copy of vessel's ``Hot Work Permit'' is provided to the SLSMC
before welding commences;
(A) In the Welland Canal, send to: [email protected] and
[email protected].
(B) In the MLO Section, send to: [email protected] and
[email protected].
(ii) Name of company performing the hot work is provided;
(iii) Effective fire watch is maintained;
(iv) Welding operations shall temporarily cease during vessel meets
and lockages;
(v) Welding operations shall cease at the direction of a Traffic
Controller; and
(vi) All sparks and/or flames are to be contained on the vessel.
(2) [Reserved]
* * * * *
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19. Amend Sec. 401.84 by:
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a. Adding a semicolon at the end of paragraph (c);
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b. Revising paragraph (d); and
0
c. Removing the parenthetical authority citation at the end of the
section.
The revision reads as follows:
Sec. 401.84 Reporting of impairment or other hazard by vessels
transiting within the Seaway.
* * * * *
(d) Any modification or malfunction on the vessel of equipment and
machinery that is noted as operational in the current ``Enhanced Ship
Inspection'' or ``Self-Inspection'' of the vessel;
* * * * *
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20. Revise Sec. 401.94 to read as follows:
Sec. 401.94 Keeping copies of documents.
(a) A paper copy of the vessel's valid Ship Inspection Report shall
be kept on board every vessel in transit. It must be easily accessible
in the wheelhouse.
(b) A paper or electronic copy of this subpart (the ``Rules and
Regulations'') and the Seaway Notices for the current navigation year
shall be kept easily accessible in the wheelhouse of every vessel in
transit.
(c) Onboard every vessel transiting the Seaway, a duplicate set of
the vessel's Fire Control Plans shall be permanently stored in a
prominently marked weather-tight enclosure outside the deckhouse for
the assistance of shore side fire-fighting personnel.
Issued at Washington, DC, under authority delegated at 49 CFR
1.101.
Great Lakes St. Lawrence Seaway Development Corporation.
Carrie Lavigne,
Chief Counsel.
[FR Doc. 2024-31566 Filed 1-8-25; 8:45 am]
BILLING CODE 4910-61-P