Seaway Regulations and Rules: Periodic Update, Various Categories

<RULE> DEPARTMENT OF TRANSPORTATION <SUBAGY>Great Lakes St. Lawrence Seaway Development Corporation</SUBAGY> <CFR>33 CFR Part 401</CFR> <RIN>RIN 2135-AA5</RIN> <SUBJECT>Seaway Regulations and Rules: Periodic Update, Various Categories</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Great Lakes St. Lawrence Seaway Development Corporation, Department of Transportation (DOT). <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> 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. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This rule is effective on January 10, 2025. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> <E T="03">Docket:</E> For access to the docket to read background documents or comments received, go to <E T="03">https://www.regulations.gov;</E> 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. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Carrie Mann Lavigne, Chief Counsel, Great Lakes St. Lawrence Seaway Development Corporation, 180 Andrews Street, Massena, New York 13662; (315) 764-3200. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> 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. <E T="03">Regulatory Notices: Privacy Act:</E> 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 <E T="04">Federal Register</E> published on April 11, 2000 (65 FR 19477-78) or you may visit <E T="03">https://www.regulations.gov.</E> 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. <HD SOURCE="HD1">Regulatory Evaluation</HD> 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. <HD SOURCE="HD1">Regulatory Flexibility Act Determination</HD> 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. <HD SOURCE="HD1">Environmental Impact</HD> This regulation does not require an environmental impact statement under the National Environmental Policy Act (49 U.S.C. 4321, <E T="03">et seq.</E> ) because it is not a major Federal action significantly affecting the quality of the human environment. <HD SOURCE="HD1">Federalism</HD> 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. <HD SOURCE="HD1">Unfunded Mandates</HD> 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. <HD SOURCE="HD1">Paperwork Reduction Act</HD> 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. <LSTSUB> <HD SOURCE="HED">List of Subjects in 33 CFR Part 401</HD> Hazardous materials transportation, Navigation (water), Penalties, Radio, Reporting and recordkeeping requirements, Vessels, Waterways. </LSTSUB> Accordingly, the Great Lakes St. Lawrence Seaway Development Corporation is amending 33 CFR part 401 as follows: <HD SOURCE="HED">PART 401—SEAWAY REGULATIONS AND RULES</HD> <SUBPART> <HD SOURCE="HED">Subpart A—Regulations</HD> </SUBPART> <REGTEXT TITLE="33" PART="401"> 1. The authority citation for part 401, subpart A continues to read as follows: <HD SOURCE="HED">Authority:</HD> 33 U.S.C. 983(a) and 984(a)(4), as amended; 49 CFR 1.101, unless otherwise noted. </REGTEXT> <REGTEXT TITLE="33" PART="401"> 2. Revise § 401.8 to read as follows: <SECTION> <SECTNO>§ 401.8 </SECTNO> <SUBJECT>Landing booms.</SUBJECT> (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. </SECTION> </REGTEXT> <REGTEXT TITLE="33" PART="401"> 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: <SECTION> <SECTNO>§ 401.9 </SECTNO> <SUBJECT>Radio telephone and navigation equipment.</SUBJECT> <STARS/> (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. </SECTION> </REGTEXT> <REGTEXT TITLE="33" PART="401"> 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: <SECTION> <SECTNO>§ 401.10 </SECTNO> <SUBJECT>Mooring lines.</SUBJECT> <STARS/> (d) * * * <GPOTABLE COLS="3" OPTS="L2,i1" CDEF="s100,12,12"> <TTITLE> Table 1 to Paragraph ( <E T="01">d</E> ) </TTITLE> <CHED H="1">Overall length of ships</CHED> <ENT I="01">40 m or more but not more than 60 m</ENT> <ENT>110</ENT> <ENT>10</ENT> </ROW> <ROW> <ENT I="01">more than 60 m but not more than 90 m</ENT> <ENT>110</ENT> <ENT>15</ENT> </ROW> <ROW> <ENT I="01">more than 90 m but not more than 120 m</ENT> <ENT>110</ENT> <ENT>20</ENT> </ROW> <ROW> <ENT I="01">more than 120 m but not more than 180 m</ENT> <ENT>110</ENT> <ENT>28</ENT> </ROW> <ROW> <ENT I="01">more than 180 m but not more than 200 m</ENT> <ENT>110</ENT> <ENT>31</ENT> </ROW> <ROW> <ENT I="01">more than 200 m but not more than 225.5 m</ENT> <ENT>110</ENT> <ENT>35</ENT> </ROW> <TNOTE>Elongation of synthetic lines shall not exceed 20%.</TNOTE> </GPOTABLE> <STARS/> </SECTION> </REGTEXT> <REGTEXT TITLE="33" PART="401"> 4. Amend § 401.12 by revising the table in paragraph (b) to read as follows: <SECTION> <SECTNO>§ 401.12 </SECTNO> <SUBJECT> Minimum requirements—mooring lines and fairleads.</SUBJECT> <STARS/> (b) * * * <GPOTABLE COLS="3" OPTS="L2,nj,i1" CDEF="s100,r100,r100"> <TTITLE> Table 1 to Paragraph ( <E T="01">b</E> ) </TTITLE> <CHED H="1">Overall length of ships</CHED> <CHED H="1">For mooring lines Nos. 1 and 2</CHED> <CHED H="1">For mooring lines Nos. 3 and 4</CHED> <ROW> <ENT I="01">100 m or more but not more than 180 m</ENT> <ENT>Shall be at a location on the ship side where the beam is at least 90% of the full beam of the ship</ENT> <ENT>Shall be at a location on the ship side where the beam is at least 90% of the full beam of the ship.</ENT> </ROW> <ROW> <ENT I="01">more than 180 m but not more than 225.5m</ENT> <ENT>Between 20 m & 50 m from the stern</ENT> <ENT>Between 20 m & 50 m ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 22k characters. 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