Seaway Regulations and Rules

Citation86 FR 15411
CourtGreat Lakes St. Lawrence Seaway Development Corporation
Publication Date23 Mar 2021
Record Number2021-05504
Federal Register, Volume 86 Issue 54 (Tuesday, March 23, 2021)
[Federal Register Volume 86, Number 54 (Tuesday, March 23, 2021)]
                [Rules and Regulations]
                [Pages 15411-15413]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-05504]
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                DEPARTMENT OF TRANSPORTATION
                Great Lakes St. Lawrence Seaway Development Corporation
                33 CFR Part 401
                RIN 2135-AA49
                Seaway Regulations and Rules
                AGENCY: Great Lakes St. Lawrence Seaway Development Corporation, 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. The changes
                update the following sections of the Regulations and Rules:
                Interpretations; Condition of Vessels; Seaway Navigation; Dangerous
                Cargo; and Schedule II. These changes are to clarify existing
                requirements in the regulations. In addition, Congress renamed the
                Saint Lawrence Seaway Development Corporation (SLSDC) as the Great
                Lakes St. Lawrence Seaway Development Corporation (GLS) as part of the
                2021 Consolidated Appropriations Act, signed into law on December 27,
                2020. The joint regulations are being amended to reflect the name
                change.
                DATES: This rule is effective on March 24, 2021.
                ADDRESSES: 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
                [[Page 15412]]
                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 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. The changes update the following sections of the
                Regulations and Rules: Interpretations; Condition of Vessels; Seaway
                Navigation; Dangerous Cargo; and Schedule II. These changes are to
                clarify existing requirements in the regulations. In addition, Congress
                renamed the Saint Lawrence Seaway Development Corporation (SLSDC) as
                Great Lakes St. Lawrence Seaway Development Corporation (GLS) as part
                of the 2021 Consolidated Appropriations Act (Section 512 of Division AA
                of Pub. L. 116-260), signed into law on December 27, 2020. The joint
                regulations are being amended to reflect the name change.
                 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 joint regulations will become effective in Canada on March 24,
                2021. 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 on the same date.
                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 Great Lakes St. Lawrence Seaway Development
                Corporation, under the authority of 33 U.S.C. 981, amends Chapter IV of
                title 33 of the Code of Federal Regulations as follows:
                0
                1. Revise the heading of chapter IV to read as follows:
                Chapter IV--Great Lakes St. Lawrence Seaway Development Corporation,
                Department of Transportation
                PART 401--SEAWAY REGULATIONS AND RULES
                Subpart A--Regulations
                0
                2. 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
                1.101, unless otherwise noted.
                0
                3. In Sec. 401.2, revise paragraph (a) to read as follows:
                Sec. 401.2 Interpretation.
                * * * * *
                 (a) Corporation means the Great Lakes St. Lawrence Seaway
                Development Corporation.
                * * * * *
                0
                4. In Sec. 401.14 revise the heading and add paragraph (c) to read as
                follows:
                Sec. 401.14 Anchors, Anchor Marking Buoys.
                * * * * *
                 (c) Every vessel shall be equipped with operational anchor(s)
                suitably rigged for immediate release, holding, and retrieval. Every
                vessel shall be responsible for locating and retrieving any anchor
                deployed by the vessel and shall do so in a timely manner so as not to
                delay transit of vessels.
                0
                5. In Sec. 401.20 revise paragraph (b)(6) to read as follows:
                Sec. 401.20 Automatic Identification System.
                * * * * *
                 (b) * * *
                 (6) Computation of AIS position reports using differential GPS
                corrections from Canadian Coast Guard's maritime Differential Global
                Position System (DGPS) radio beacon services or Wide Area Augmentation
                System (WAAS); or
                * * * * *
                0
                6. In Sec. 401.29 revise paragraph (c)(1)(i) to read as follows:
                Sec. 401.29 Maximum draft.
                * * * * *
                 (c) * * *
                 (1) * * *
                 (i) An operational AIS with accuracy approved by the Seaway; and
                * * * * *
                0
                7. In Sec. 401.72 revise paragraph (g) to read as follows:
                Sec. 401.72 Reporting--explosive and hazardous cargo vessels.
                * * * * *
                 (g) If a Safety Data Sheet (SDS) on a hazardous cargo that a vessel
                is carrying
                [[Page 15413]]
                is not available in a Seaway Traffic Control Center, the vessel shall
                provide information enabling the preparation of an SDS.
                * * * * *
                0
                8. In schedule II to subpart A of part 401, under ``Table of Speeds,''
                revise the entries for ``3. Upper Entrance, Upper Beauharnois Lock,''
                and ``4. Lake St. Francis D1'' to read as follows:
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                 \1\ Maximum speeds at which a vessel may travel in the
                identified area in both normal and high water conditions are set out
                in this schedule. The Manager and the Corporation will, from time to
                time, designate the set of speed limits that is in effect.
                 Schedule II to Subpart A of Part 401--Table of Speeds 1
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                 Maximum speed over the bottom, knots
                 From-- To-- --------------------------------------------------
                 Col. III Col. IV
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                 * * * * * * *
                3. Upper Entrance, Upper Beauharnois Lake St. Francis D1.... 9 (upb); 10. 5 (dnb).... 11 (upb); 13 (dnb)
                 Lock.
                4. Lake St. Francis D1.............. Lake St. Francis D49... 12...................... 12
                
                 * * * * * * *
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                 Issued at Washington, DC, under authority delegated at 49 CFR
                part 1.101--Great Lakes St. Lawrence Seaway Development Corporation.
                Carrie Lavigne,
                Chief Counsel.
                [FR Doc. 2021-05504 Filed 3-22-21; 8:45 am]
                BILLING CODE 4910-61-P