81_FR_13794 81 FR 13744 - Seaway Regulations and Rules: Periodic Update, Various Categories

81 FR 13744 - Seaway Regulations and Rules: Periodic Update, Various Categories

DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development Corporation

Federal Register Volume 81, Issue 50 (March 15, 2016)

Page Range13744-13747
FR Document2016-05798

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.

Federal Register, Volume 81 Issue 50 (Tuesday, March 15, 2016)
[Federal Register Volume 81, Number 50 (Tuesday, March 15, 2016)]
[Rules and Regulations]
[Pages 13744-13747]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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 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, 
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 http://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

0
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.


0
2. In Sec.  401.10:
0
a. Revise paragraph (b); and
0
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
------------------------------------------------------------------------
                                    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.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

0
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.
* * * * *

0
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
* * * * *

0
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.
* * * * *

0
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.

0
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.
* * * * *

0
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.

0
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.

0
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)

0
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:
* * * * *

0
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.
* * * * *

0
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]
 BILLING CODE 4910-61-P



                                                  13744                   Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Rules and Regulations

                                                                            For plans with a valuation                                                                        Deferred annuities (percent)
                                                                                                                          Immediate
                                                                                      date
                                                      Rate set                                                           annuity rate
                                                                                                                           (percent)                i1                   i2                   i3                     n1                   n2
                                                                           On or after               Before

                                                               *                            *                              *                       *                            *                            *                       *
                                                         270                 4–1–16                 5–1–16                     1.00              4.00                   4.00                 4.00                    7                    8



                                                  PART 4044—ALLOCATION OF                                                Authority: 29 U.S.C. 1301(a), 1302(b)(3),                       Appendix B to Part 4044—Interest
                                                  ASSETS IN SINGLE-EMPLOYER                                            1341, 1344, 1362.                                                 Rates Used To Value Benefits
                                                  PLANS                                                                ■ 5. In appendix B to part 4044, a new                            *    *         *        *        *
                                                                                                                       entry for April–June 2016, as set forth
                                                  ■ 4. The authority citation for part 4044
                                                  continues to read as follows:                                        below, is added to the table.

                                                                                                                                                                               The values of it are:
                                                          For valuation dates occurring in the month—
                                                                                                                                           it               for t =                 it             for t =                it             for t =


                                                           *                           *                                 *                          *                           *                          *                         *
                                                  April–June 2016 ................................................................         0.0277                1–20               0.0286               >20                   N/A             N/A



                                                    Issued in Washington, DC, on this 9th day                          enhance the safety of transits through                            Many of these changes are to clarify
                                                  of March 2016.                                                       the Seaway. Several of the amendments                             existing requirements in the regulations.
                                                  Judith Starr,                                                        are merely editorial or for clarification                         Where new requirements or regulations
                                                  General Counsel, Pension Benefit Guaranty                            of existing requirements.                                         are made, an explanation for such a
                                                  Corporation.                                                         DATES: This final rule will be effective                          change is provided below. A Notice of
                                                  [FR Doc. 2016–05733 Filed 3–14–16; 8:45 am]                          on March 21, 2016.                                                Proposed Rulemaking was published in
                                                  BILLING CODE 7709–02–P                                               ADDRESSES: Docket: For access to the                              the Federal Register on February 5,
                                                                                                                       docket to read background documents                               2016 (81 FR 6198). No comments were
                                                                                                                       or comments received, go to http://                               received. The joint regulations will
                                                  DEPARTMENT OF TRANSPORTATION                                         www.Regulations.gov; or in person at                              become effective in Canada on March
                                                                                                                       the Docket Management Facility; U.S.                              21, 2016. For consistency, because these
                                                  Saint Lawrence Seaway Development                                    Department of Transportation, 1200                                are joint regulations under international
                                                  Corporation                                                          New Jersey Avenue SE., West Building                              agreement, and to avoid confusion
                                                                                                                       Ground Floor, Room W12–140,                                       among users of the Seaway, the SLSDC
                                                  33 CFR Part 401                                                      Washington, DC 20590–001, between 9                               finds that there is good cause to make
                                                                                                                       a.m. and 5 p.m., Monday through                                   the U.S. version of the amendments
                                                  [Docket No. SLSDC–2016–0004]                                                                                                           effective on the same date.
                                                                                                                       Friday, except Federal Holidays.
                                                  RIN 2135–AA39                                                                                                                             Regulatory Notices: Privacy Act:
                                                                                                                       FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                                         Anyone is able to search the electronic
                                                                                                                       Carrie Mann Lavigne, Chief Counsel,
                                                  Seaway Regulations and Rules:                                                                                                          form of all comments received into any
                                                                                                                       Saint Lawrence Seaway Development
                                                  Periodic Update, Various Categories                                                                                                    of our dockets by the name of the
                                                                                                                       Corporation, 180 Andrews Street,
                                                                                                                                                                                         individual submitting the comment (or
                                                  AGENCY:  Saint Lawrence Seaway                                       Massena, New York 13662; 315/764–
                                                                                                                                                                                         signing the comment, if submitted on
                                                  Development Corporation, DOT.                                        3200.
                                                                                                                                                                                         behalf of an association, business, labor
                                                  ACTION: Final rule.                                                  SUPPLEMENTARY INFORMATION: The Saint                              union, etc.). You may review DOT’s
                                                                                                                       Lawrence Seaway Development                                       complete Privacy Act Statement in the
                                                  SUMMARY:  The Saint Lawrence Seaway                                  Corporation (SLSDC) and the St.                                   Federal Register published on April 11,
                                                  Development Corporation (SLSDC) and                                  Lawrence Seaway Management                                        2000 (Volume 65, Number 70; Pages
                                                  the St. Lawrence Seaway Management                                   Corporation (SLSMC) of Canada, under                              19477–78) or you may visit http://
                                                  Corporation (SLSMC) of Canada, under                                 international agreement, jointly publish                          www.Regulations.gov.
                                                  international agreement, jointly publish                             and presently administer the St.                                     The SLSDC is amending four sections
                                                  and presently administer the St.                                     Lawrence Seaway Regulations and                                   of the Condition of Vessels portion of
                                                  Lawrence Seaway Regulations and                                      Rules (Practices and Procedures in                                the joint Seaway regulations. In
                                                  Rules (Practices and Procedures in                                   Canada) in their respective jurisdictions.                        § 401.10, ‘‘Mooring lines’’, the two
                                                  Canada) in their respective jurisdictions.                           Under agreement with the SLSMC, the                               Corporations are permitting vessels not
                                                  Under agreement with the SLSMC, the                                  SLSDC is amending the joint regulations                           greater than 200 m in overall length to
                                                  SLSDC is amending the joint regulations                              by updating the Regulations and Rules                             use soft lines instead of wire lines. Over
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  by updating the Seaway Regulations and                               in various categories. The changes will                           the past 3 years, vessels greater than 150
                                                  Rules in various categories. The changes                             update the following sections of the                              m in overall length have been permitted
                                                  will update the following sections of the                            Regulations and Rules: Condition of                               to use type approved soft lines on a test
                                                  Regulations and Rules: Condition of                                  Vessels; Seaway Navigation; and,                                  basis, with successful results. Based on
                                                  Vessels; Seaway Navigation; and,                                     Information and Reports. These updates                            these same results, the SLSDC is
                                                  Information and Reports. These                                       are necessary to take account of updated                          amending § 401.11, ‘‘Minimum
                                                  amendments are necessary to take                                     procedures which will enhance the                                 Requirements—mooring lines and
                                                  account of updated procedures and will                               safety of transits through the Seaway.                            fairleads’’ to permit the operator of


                                             VerDate Sep<11>2014       16:19 Mar 14, 2016       Jkt 238001     PO 00000        Frm 00032   Fmt 4700      Sfmt 4700    E:\FR\FM\15MRR1.SGM          15MRR1


                                                                         Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Rules and Regulations                                                                            13745

                                                  vessels of more than 150 m but not more                           not apply and evaluation under the                                 Paperwork Reduction Act
                                                  than 200 m to use either soft or wire                             Department of Transportation’s                                       This regulation has been analyzed
                                                  lines.                                                            Regulatory Policies and Procedures is                              under the Paperwork Reduction Act of
                                                     In § 401.13, ‘‘Hand lines’’, the SLSDC                         not required.                                                      1995 and does not contain new or
                                                  is changing the maximum diameter of
                                                                                                                    Regulatory Flexibility Act                                         modified information collection
                                                  hand lines to 18 mm from 17 mm due
                                                                                                                    Determination                                                      requirements subject to the Office of
                                                  to the fact that 17 mm lines are no
                                                                                                                                                                                       Management and Budget review.
                                                  longer available. The change to § 401.17,                            I certify that this regulation will not
                                                  ‘‘Pitch indicators and alarms,’’ will                             have a significant economic impact on                              List of Subjects in 33 CFR Part 401
                                                  make a minor administrative change by                             a substantial number of small entities.                              Hazardous materials transportation,
                                                  removing the effective date for the                               The St. Lawrence Seaway Regulations                                Navigation (water), Penalties, Radio,
                                                  requirement.                                                      and Rules primarily relate to                                      Reporting and recordkeeping
                                                     In the Seaway Navigation portion of                            commercial users of the Seaway, the                                requirements, Vessels, Waterways.
                                                  the regulations, the two Corporations                             vast majority of who are foreign vessel
                                                  are making changes in several sections.                                                                                                Accordingly, the Saint Lawrence
                                                                                                                    operators. Therefore, any resulting costs                          Seaway Development Corporation is
                                                  Section 401.29, ‘‘Maximum draft’’, is                             will be borne mostly by foreign vessels.
                                                  restructured in order to clarify the                                                                                                 amending 33 CFR part 401, Regulations
                                                  requirements for use of an operational                            Environmental Impact                                               and Rules, as follows:
                                                  Draft Information System. In § 401.37,                               This regulation does not require an                             PART 401—SEAWAY REGULATIONS
                                                  ‘‘Mooring at tie-up walls’’, the Seaway                           environmental impact statement under                               AND RULES
                                                  Corporations are requiring that crew                              the National Environmental Policy Act
                                                  members handling lines on tie-up walls                            (49 U.S.C. 4321, et seq.) because it is not                        Subpart A—Regulations
                                                  wear approved personal flotation                                  a major federal action significantly
                                                  devices instead of life jackets that can be                       affecting the quality of the human                                 ■ 1. The authority citation for subpart A
                                                  can be unsafe due to their bulky nature.                          environment.                                                       of part 401 continues to read as follows:
                                                  The SLSDC is changing the requirement                                                                                                  Authority: 33 U.S.C. 983(a) and 984(a)(4),
                                                  in § 401.45, ‘‘Emergency procedures’’, to                         Federalism                                                         as amended; 49 CFR 1.52, unless otherwise
                                                  make clear that when a vessel is                                                                                                     noted.
                                                                                                                      The Corporation has analyzed this
                                                  entering the locks too fast in an
                                                                                                                    rule under the principles and criteria in                          ■ 2. In § 401.10:
                                                  emergency situation, the vessel will not
                                                                                                                    Executive Order 13132, dated August 4,                             ■ a. Revise paragraph (b); and
                                                  be required to deploy mooring lines.
                                                     In the Information and Reports                                 1999, and have determined that this rule                           ■ b. In the table in paragraph (d), revise
                                                  section, a change to § 401.79, ‘‘Advance                          does not have sufficient federalism                                the fifth entry.
                                                  notice of arrival, vessels requiring                              implications to warrant a Federalism                                 The revisions read as follows:
                                                  inspection’’ is being made that would                             Assessment.
                                                                                                                                                                                       § 401.10      Mooring lines.
                                                  require all foreign flagged vessels of 300                        Unfunded Mandates                                                  *     *     *      *    *
                                                  GRT or above to submit an electronic
                                                                                                                       The Corporation has analyzed this                                 (b) Unless otherwise permitted by an
                                                  Notice of Arrival.
                                                     The other changes to the joint                                 rule under Title II of the Unfunded                                officer, vessels greater than 200 m shall
                                                  regulations are merely editorial or to                            Mandates Reform Act of 1995 (Pub. L.                               only use wire mooring lines with a
                                                  clarify existing requirements.                                    104–4, 109 Stat. 48) and determined that                           breaking strength that complies with the
                                                                                                                    it does not impose unfunded mandates                               minimum specifications set out in the
                                                  Regulatory Evaluation                                             on State, local, and tribal governments                            table to this section shall be used for
                                                     This regulation involves a foreign                             and the private sector requiring a                                 securing a vessel in lock chambers.
                                                  affairs function of the United States and                         written statement of economic and                                  *     *     *      *    *
                                                  therefore Executive Order 12866 does                              regulatory alternatives.                                             (d) * * *

                                                                                                                                               TABLE
                                                                                                                                                                                                                        Length of        Breaking
                                                                                                                    Overall length of ships                                                                              mooring         strength
                                                                                                                                                                                                                          line


                                                          *                   *                      *                                 *                                 *                                 *                         *
                                                  More than 180 m but not more than 225.5 m .........................................................................................................................   110 m ....   35 MT.

                                                              *                            *                           *                           *                           *                            *                        *



                                                  *     *     *      *    *                                         the vessel, winches and the location of                            lead astern from the quarter and be
                                                  ■ 3. In § 401.12, revise paragraph (a) to                         fairleads on vessels are as follows:                               independently power operated by
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  read as follows:                                                     (1) Vessels of 100 m or less in overall                         winches, capstans or windlasses and
                                                                                                                    length shall have at least three mooring                           lead through closed chocks or fairleads
                                                  § 401.12 Minimum requirements—mooring                             lines—wires or synthetic hawsers, two                              acceptable to the Manager and the
                                                  lines and fairleads.                                              of which shall be independently power                              Corporation; and
                                                    (a) Unless otherwise permitted by the                           operated and one if synthetic, may be
                                                  officer the minimum requirements in                               hand held.                                                           (ii) One synthetic hawser may be
                                                  respect to mooring lines which shall be                              (i) One line shall lead forward from                            hand held or if wire line is used shall
                                                  available for securing on either side of                          the break of the bow and one line shall                            be powered. The line shall lead astern


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                                                  13746              Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Rules and Regulations

                                                  from the break of the bow through a                     seconds, in the wheelhouse and                        § 401.44       Mooring in locks.
                                                  closed chock to suitable bitts on deck                  engineer room to indicate wrong pitch.                   (a) Mooring lines shall only be placed
                                                  for synthetic line or led from a capstan,               *     *     *      *    *                             on mooring posts as directed by the
                                                  winch drums or windlass to an                                                                                 officer in charge of the mooring
                                                                                                          ■ 6. In § 401.29, revise paragraph (c) and
                                                  approved fairlead for a wire line.                                                                            operation.
                                                                                                          remove paragraphs (d) through (h) to
                                                     (2) Vessels of more than 100 m but not                                                                        (b) No winch from which a mooring
                                                                                                          read as follows:
                                                  more than 150 m in overall length shall                                                                       line runs shall be operated until the
                                                  have three mooring lines—wires or                       § 401.29    Maximum draft.                            officer in charge of a mooring operation
                                                  synthetic hawsers, which shall be                       *       *     *     *    *                            has signaled that the line has been
                                                  independently power operated by                            (c) Any vessel will be permitted to                placed on a mooring post.
                                                  winches, capstans or windlasses.                        load at an increased draft of not more                   (c) Once the mooring lines are on the
                                                     (i) All lines shall be led through                                                                         mooring posts, lines shall be kept slack
                                                                                                          than 7 cm above the maximum
                                                  closed chocks or fairleads acceptable to                                                                      until the ‘‘all clear’’ signal is given by
                                                                                                          permissible draft in effect as prescribed
                                                  the Manager and the Corporation.                                                                              the lock personnel. When casting off
                                                                                                          under paragraph (b) of this section if it
                                                     (ii) One mooring line shall lead                                                                           signal is received, mooring lines shall be
                                                                                                          is equipped with a Draft Information
                                                  forward and one shall lead astern from                                                                        kept slack until the ‘‘all clear’’ signal is
                                                                                                          System (DIS) and meets the following:
                                                  the break of the bow and one mooring                                                                          given by the lock personnel.
                                                  line shall lead astern from the quarter.                   (1) An operational Draft Information
                                                                                                          System (DIS) approved by a member of                     (d) Vessels being moored by ‘‘Hands
                                                     (3) Vessels of more than 150 m but not                                                                     Free Mooring’’ system (HFM) shall have
                                                  more than 200 m in overall length shall                 the International Association of
                                                                                                          Classification Societies (IACS) as                    a minimum of 2 well rested crew
                                                  have four mooring lines, wires or                                                                             members on deck during the lockage.
                                                  synthetic hawsers, which shall be                       compliant with the Implementation
                                                                                                          Specifications found at www.greatlakes-               ■ 9. Revise § 401.45 to read as follows:
                                                  independently power operated by
                                                  winches.                                                seaway.com and having on board:                       § 401.45       Emergency procedure.
                                                     (i) One mooring line shall lead                         (i) An operational AIS with accuracy
                                                                                                                                                                   When the speed of a vessel entering
                                                  forward and one mooring line shall lead                 = 1 (DGPS); and
                                                                                                                                                                a lock chamber has to be checked, the
                                                  astern from the break of the bow.                          (ii) Up-to-date electronic navigational
                                                                                                                                                                master shall take all necessary
                                                     (ii) One mooring line shall lead                     charts; and
                                                                                                                                                                precautions to stop the vessel in order
                                                  forward and one mooring line shall lead                    (iii) Up-to-date charts containing high            to avoid contact with lock structures. At
                                                  astern from the quarter.                                resolution bathymetric data; and                      no time shall the vessel deploy its
                                                     (iii) All lines shall be led through a                  (2) The DIS Tool Display shall be                  anchors to stop the vessel when entering
                                                  type of fairlead acceptable to the                      located close to the primary conning                  a lock chamber.
                                                  Manager and the Corporation.                            position, be visible and legible; and
                                                     (4) Vessels of more than 200 m in                                                                          ■ 10. Revise § 401.47 to read as follows:
                                                                                                          equipped with a pilot plug, if using a
                                                  overall length shall have four mooring                  portable DIS.                                         § 401.47       Leaving a lock.
                                                  lines—wires, independently power                           (i) Verification document of the DIS                 (a) Mooring lines shall only be cast off
                                                  operated by the main drums of adequate                  must be kept on board the vessel at all               as directed by the officer in charge of a
                                                  power operated winches as follows:                      times and made available for inspection.
                                                     (i) One mooring line shall lead                                                                            mooring operation.
                                                                                                             (ii) A company letter attesting to                   (b) No vessel shall proceed out of a
                                                  forward and one mooring line shall lead                 officer training on use of the DIS must               lock until the exit gates, ship arresters
                                                  astern from the break of the bow.                       be kept on board and made available for
                                                     (ii) One mooring line shall lead                                                                           and the bridge, if any, are in a fully
                                                                                                          inspection.                                           open position.
                                                  forward and one mooring line shall lead                    (iii) In every navigation season, a
                                                  astern from the quarter.                                                                                        (c) When ‘‘Hands Free Mooring
                                                                                                          vessel intending to use the DIS must                  system (HFM) is used, no vessel shall
                                                     (iii) All lines shall be led through a
                                                                                                          notify the Manager of the Corporation in              use its engine(s) until the lock operator
                                                  type of fairlead acceptable to the
                                                                                                          writing at least 24 hours prior to the                provides the ‘‘all clear’’ instruction.
                                                  Manager and the Corporation.
                                                     (5) Every vessel shall have a                        commencement of its initial transit in
                                                                                                                                                                (68 Stat. 93–96, 33 U.S.C. 981–990, as
                                                  minimum of two spare mooring lines                      the System with the DIS.
                                                                                                                                                                amended and secs. 4, 5, 6, 7, 8, 12 and
                                                  available and ready for immediate use.                     (iv) If for any reason the DIS or AIS
                                                                                                                                                                13 of sec. 2 of Pub. L. 95–474, 92 Stat.
                                                                                                          becomes inoperable, malfunctions or is
                                                  *       *     *     *     *                                                                                   1471)
                                                                                                          not used while the vessel is transiting at
                                                  ■ 4. In § 401.13, revise paragraph (b) to               a draft greater than the maximum                      ■ 11. In § 401.79, revise paragraph (a)
                                                  read as follows:                                        permissible draft prescribed under                    introductory text to read as follows:
                                                  § 401.13   Hand lines.                                  paragraph (b) of this section in effect at            § 401.79 Advance notice of arrival, vessels
                                                                                                          the time, the vessel must notify the                  requiring inspection.
                                                  *     *     *      *    *
                                                                                                          Manager or the Corporation                              (a) Advance notice of arrival. All
                                                    (b) Be of uniform thickness and have
                                                                                                          immediately.                                          foreign flagged vessels of 300 GRT or
                                                  a diameter of not less than 12 mm and
                                                  not more than 18 mm and a minimum                       ■ 7. In § 401.37, revise paragraph (b) to             above intending to transit the Seaway
                                                  length of 30 m. The ends of the lines                   read as follows:                                      shall submit a completed electronic
                                                  shall be back spliced or tapered; and                                                                         Notice of Arrival (NOA) prior to
                                                                                                          § 401.37    Mooring at tie-up walls.
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                                                  *     *     *      *    *                                                                                     entering at call in point 2 (CIP2) as
                                                                                                          *      *    *    *     *                              follows:
                                                  ■ 5. In § 401.17, revise paragraph (b) to                  (b) Crew members being put ashore on
                                                  read as follows:                                                                                              *     *     *     *     *
                                                                                                          landing booms and handling mooring
                                                                                                                                                                ■ 12. In § 401.80, add paragraph (c) to
                                                  § 401.17   Pitch indicators and alarms.                 lines on tie-up walls shall wear
                                                                                                          approved personal flotation devices.                  read as follows:
                                                  *     *     *    *    *
                                                    (b) Visible and audible pitch alarms,                 *      *    *    *     *                              § 401.80       Reporting dangerous cargo.
                                                  with a time delay of not greater than 8                 ■ 8. Revise § 401.44 to read as follows:              *        *       *    *     *


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                                                                     Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Rules and Regulations                                               13747

                                                    (c) Vessels carrying ‘‘Certain                        Procurement, Contract and Grant Policy                Property’’ and adding ‘‘Government-
                                                  Dangerous Cargo’’ (CDC) as defined in                   Division, via email at                                furnished Property’’ in its place.
                                                  the United States Coast Guard                           manuel.quinones@nasa.gov, or
                                                  regulations 33 CFR 160.202, which is                    telephone (202) 358–2143.                             PART 1852—SOLICITATION
                                                  the same as the definition in the                       SUPPLEMENTARY INFORMATION:
                                                                                                                                                                PROVISIONS AND CONTRACT
                                                  Transport Canada ‘‘Marine                                                                                     CLAUSES
                                                  Transportation Security Regulations’’                   I. Background
                                                                                                                                                                1852.227–70           [Amended]
                                                  (MTSR’s), shall report the ‘‘Certain                       NASA published a final rule in the
                                                  Dangerous Cargo’’ to the nearest Seaway                 Federal Register on March 12, 2015,                   ■ 3. Amend section 1852.227–70 by
                                                  station prior to a Seaway transit.                      which became effective April 13, 2015.                removing ‘‘NEW TECHNOLOGY’’ and
                                                  *     *     *     *     *                               This rule is part of the NASA FAR                     adding ‘‘NEW TECHNOLOGY—OTHER
                                                                                                          Supplement regulatory review. As                      THAN A SMALL BUSINESS FIRM OR
                                                  ■ 13. In appendix I to subpart A, revise
                                                                                                          published, the rule contained errors that             NONPROFIT ORGANIZATION’’ in its
                                                  the Caution statement to read as follows:
                                                                                                          require the following changes:                        place.
                                                  Appendix I to Subpart A of Part 401—                       • Revise section 1845.107–70(a)(1) to              ■ 4. Revise section 1852.245–70 heading
                                                  Vessel Dimensions                                       correct the title of the prescribed clause            and title of the clause to read as follows:
                                                  *      *     *       *      *                           to ‘‘Contractor Requests for
                                                    Caution: Masters must take into account               Government-furnished Property.’’                      1852.245–70 Contractor requests for
                                                                                                                                                                Government-furnished equipment.
                                                  the ballast draft of the vessel when verifying             • Revise section 1852.227–70 clause
                                                  the maximum permissible dimensions.                     title to ‘‘NEW TECHNOLOGY—OTHER                       *        *       *      *    *
                                                  Bridge wings, antennas, masts and, in some              THAN A SMALL BUSINESS FIRM OR
                                                  cases, the samson posts or store cranes could                                                                 CONTRACTOR REQUESTS FOR
                                                  be outside the limits of the block diagram              NONPROFIT ORGANIZATION.’’                             GOVERNMENT-FURNISHED PROPERTY
                                                  and could override the lock wall. Masters                  • Revise section 1852.245–70 clause                (AUG 2015)
                                                  and pilots must take this into consideration            title to ‘‘Contractor Requests for                    *        *       *      *    *
                                                  and exercise extreme caution when entering              Government-furnished Property.’’                      [FR Doc. 2016–05803 Filed 3–14–16; 8:45 am]
                                                  or exiting locks to ensure that the vessel does            • Update the authority citation of                 BILLING CODE 7510–13–P
                                                  not contact any of the structures on the lock.          several NFS parts.
                                                  *      *     *       *      *
                                                                                                          List of Subjects in 48 CFR Parts 1802,
                                                    Issued at Washington, DC, on March 10,                1804, 1805, 1806, 1807, 1808, 1811,                   DEPARTMENT OF HOUSING AND
                                                  2016.                                                   1813, 1814, 1815, 1822, 1824, 1825,                   URBAN DEVELOPMENT
                                                  Saint Lawrence Seaway Development                       1828, 1830, 1831, 1832, 1833, 1834,
                                                  Corporation.                                            1835, 1836, 1839, 1841, 1843, 1844,                   48 CFR Parts 2404, 2406, 2408, 2409,
                                                  Carrie Lavigne,                                         1847, 1849, 1850, 1851, and 1852                      2411, 2415, 2427, 2428, 2432, 2437,
                                                  Chief Counsel.                                                                                                2444, and 2452
                                                                                                              Government procurement.
                                                  [FR Doc. 2016–05798 Filed 3–14–16; 8:45 am]                                                                   [Docket No. FR–5814–F–02]
                                                  BILLING CODE 4910–61–P                                  Manuel Quinones,
                                                                                                                                                                RIN 2501–AD73
                                                                                                          NASA FAR Supplement Manager.
                                                                                                            Accordingly, 48 CFR parts 1802, 1804,               Amendments to the HUD Acquisition
                                                  NATIONAL AERONAUTICS AND                                1805, 1806, 1807, 1808, 1811, 1813,                   Regulation (HUDAR)
                                                  SPACE ADMINISTRATION                                    1814, 1815, 1822, 1824, 1825, 1828,
                                                                                                          1830, 1831, 1832, 1833, 1834, 1835,                   AGENCY:  Office of the Chief Procurement
                                                  48 CFR Parts 1802, 1804, 1805, 1806,                    1836, 1839, 1841, 1843, 1844, 1847,                   Officer, HUD.
                                                  1807, 1808, 1811, 1813, 1814, 1815,                     1849, 1850, 1851, and 1852 are                        ACTION: Final rule.
                                                  1822, 1824, 1825, 1828, 1830, 1831,                     amended as follows:
                                                  1832, 1833, 1834, 1835, 1836, 1839,                                                                           SUMMARY:   This final rule amends the
                                                  1841, 1843, 1844, 1847, 1849, 1850,                     PARTS 1802, 1804, 1805, 1806, 1807,                   HUDAR to implement miscellaneous
                                                  1851, and 1852                                          1808, 1811, 1813, 1814, 1815, 1822,                   changes necessary to update the
                                                                                                          1824, 1825, 1828, 1830, 1831, 1832,                   HUDAR. These changes include a
                                                  RIN 2700–AE01 and 2700–AE09                                                                                   correction to the designation of Source
                                                                                                          1833, 1834, 1835, 1836, 1839, 1841,
                                                                                                          1843, 1844, 1847, 1849, 1850, 1851, and               Selection Authorities, limited
                                                  NASA Federal Acquisition Regulation
                                                                                                          1852—[AMENDED]                                        delegation of Head of Contracting
                                                  Supplement; Correction
                                                                                                                                                                Activity authorities, incorporation of the
                                                  AGENCY:  National Aeronautics and                       ■  1. The authority citation for parts                HUDAR Matrix, addition of new clauses
                                                  Space Administration.                                   1802, 1804, 1805, 1806, 1807, 1808,                   including clauses relating to labor
                                                  ACTION: Correcting amendments.                          1811, 1813, 1814, 1815, 1822, 1824,                   categories and prices per hour, and post-
                                                                                                          1825, 1828, 1830, 1831, 1832, 1833,                   award conferences. HUD is transitioning
                                                  SUMMARY:   The National Aeronautics and                 1834, 1835, 1836, 1839, 1841, 1843,                   to the Department of Treasury’s Bureau
                                                  Space Administration (NASA)                             1844, 1847, 1849, 1850, 1851, and 1852                of Fiscal Services’ Invoice Platform
                                                  published a final rule in the Federal                   is revised to read as follows:                        Processing System (IPP), and this final
                                                  Register on Thursday, March 12, 2015                                                                          rule revises clauses related to payments
                                                                                                            Authority: 51 U.S.C. 20113(a) and 48 CFR
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                                                  (80 FR 12935), as part of the NASA                                                                            and invoicing to take into account both
                                                                                                          chapter 1.
                                                  Federal Acquisition Regulation                                                                                the situations where invoicing and
                                                  Supplement (NFS) regulatory review.                     PART 1845—GOVERNMENT                                  payment will not be made through the
                                                  That final rule contained errors that                   PROPERTY                                              IPP and where invoices are required to
                                                  need to be corrected.                                                                                         be submitted electronically through the
                                                  DATES: Effective: March 15, 2016.                       1845.107–70       [Amended]                           IPP. This final rule also clarifies that
                                                  FOR FURTHER INFORMATION CONTACT:                        ■ 2. Amend section 1845.107–70(a)(1)                  where funding has been made available
                                                  Manuel Quinones, NASA, Office of                        by removing ‘‘Government-Provided                     for a contract, and the limit of the


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Document Created: 2016-03-15 04:07:23
Document Modified: 2016-03-15 04:07:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule will be effective on March 21, 2016.
ContactCarrie Mann Lavigne, Chief Counsel, Saint Lawrence Seaway Development Corporation, 180 Andrews Street, Massena, New York 13662; 315/764-3200.
FR Citation81 FR 13744 
RIN Number2135-AA39
CFR AssociatedHazardous Materials Transportation; Navigation (water); Penalties; Radio; Reporting and Recordkeeping Requirements; Vessels and Waterways

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