Seaway Regulations and Rules: Periodic Update, Various Categories

CourtGreat Lakes St. Lawrence Seaway Development Corporation
Citation87 FR 12590
Record Number2022-04218
Published date07 March 2022
Federal Register, Volume 87 Issue 44 (Monday, March 7, 2022)
[Federal Register Volume 87, Number 44 (Monday, March 7, 2022)]
                [Rules and Regulations]
                [Pages 12590-12592]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2022-04218]
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                DEPARTMENT OF TRANSPORTATION
                Great Lakes St. Lawrence Seaway Development Corporation
                33 CFR Part 401
                RIN 2135-AA51
                Seaway Regulations and Rules: Periodic Update, Various Categories
                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: Condition
                of Vessels; Seaway Navigation; and, Dangerous Cargo. These changes are
                to clarify existing requirements in the regulations.
                DATES: This rule is effective on March 21, 2022.
                ADDRESSES: Docket: For access to the docket to read background
                documents or comments received, go to http://www.Regulations.gov; or in
                person at the Docket Management Facility; U.S. Department of
                Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
                Room W12-140, Washington, DC 20590-001, between 9 a.m. and 5 p.m.,
                Monday through Friday, except Federal holidays.
                FOR FURTHER INFORMATION CONTACT: Carrie Mann Lavigne, Chief Counsel,
                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
                [[Page 12591]]
                Regulations and Rules: Condition of Vessels; Seaway Navigation; and,
                Dangerous Cargo. 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 (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 21,
                2022. 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 amends 33 CFR part 401 as follows:
                PART 401--SEAWAY REGULATIONS AND RULES
                Subpart A--Regulations
                0
                1. The authority citation for subpart A of part 401 is revised 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
                2. Revise Sec. 401.8 to read as follows:
                Sec. 401.8 Landing Booms.
                 (a) Vessels of more than 50 m in overall length shall be equipped
                with at least one adequate landing boom on each side which are to be in
                compliance with applicable regulations.
                 (b) Vessel's crews shall be adequately trained in the use of
                landing booms for the purpose of landing crew ashore.
                 (c) Vessels with a freeboard less than 2 meters are not required to
                be equipped with landing booms.
                 (d) Vessels not equipped with landing booms shall make arrangements
                with a ``Tie-Up Service'' provider for tie-up and let-go at Seaway
                Approach walls prior to commencing transit of the Seaway.
                 (e) Vessels shall have onboard for inspection a copy of the test
                certificate for each landing boom.
                Sec. 401.10 [Amended]
                0
                3. Amend Sec. 401.10 by removing and reserving paragraph (c).
                0
                4. Amend Sec. 401.20 by revising 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 Satellite Based
                Augmentation System (SBAS); or
                * * * * *
                0
                5. Amend Sec. 401.58 by revising paragraph (b) to read as follows:
                Sec. 401.58 Pleasure craft scheduling.
                * * * * *
                 (b) Every pleasure craft seeking to transit Canadian Locks shall
                first make a reservation on the Seaway website.
                0
                6. Amend Sec. 401.73 by adding a heading to paragraph (a) and revising
                paragraph (b) to read as follows:
                Sec. 401.73 Cleaning tanks--hazardous cargo vessels.
                 (a) Prohibitions. * * *
                * * * * *
                 (b) Hot Work Permission. Permission is granted under the following
                conditions:
                 (1) Copy of ship's ``Hot Work Permit'' provided to SLSMC at
                ([email protected] & [email protected]) before welding
                commences;
                 (2) Name of company performing the hot work;
                 (3) Effective fire watch is maintained;
                 (4) Welding operations shall temporarily cease during ship meets
                and lockages;
                 (5) Welding operations shall cease at the direction of a Traffic
                Controller; and
                 (6) All sparks and/or flames to be contained on the ship.
                * * * * *
                0
                7. Amend Sec. 401.75 by revising paragraph (b) to read as follows:
                Sec. 401.75 Payment of tolls.
                * * * * *
                 (b) Fees, established by agreement between Canada and the United
                States, and known as the St. Lawrence Seaway Schedule of Tolls, shall
                be paid by pleasure crafts for the transits of each Canadian lock using
                the pleasure craft reservation system available on the Seaway website.
                At U.S. locks, the fee is paid in U.S. funds or the pre-established
                equivalent in Canadian funds or through payment via Pay.gov on the
                Seaway website.
                * * * * *
                [[Page 12592]]
                 Issued at Washington, DC, under authority delegated at 49 CFR
                part 1.101.
                Carrie Lavigne,
                Chief Counsel.
                [FR Doc. 2022-04218 Filed 3-4-22; 8:45 am]
                BILLING CODE 4910-61-P
                

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