82_FR_12459 82 FR 12418 - Seaway Regulations and Rules: Periodic Update, Various Categories

82 FR 12418 - Seaway Regulations and Rules: Periodic Update, Various Categories

DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development Corporation

Federal Register Volume 82, Issue 41 (March 3, 2017)

Page Range12418-12420
FR Document2017-04068

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 update the following sections of the Regulations and Rules: Condition of Vessels; Seaway Navigation; Radio Communications; General; and, Vessels Transiting U.S. Waters. 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. The joint regulations will become effective in Canada on March 20, 2017.

Federal Register, Volume 82 Issue 41 (Friday, March 3, 2017)
[Federal Register Volume 82, Number 41 (Friday, March 3, 2017)]
[Rules and Regulations]
[Pages 12418-12420]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04068]


=======================================================================
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DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 401

[Docket No. SLSDC-2016-0006]
RIN 2135-AA42


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 update 
the following sections of the Regulations and Rules: Condition of 
Vessels; Seaway Navigation; Radio Communications; General; and, Vessels 
Transiting U.S. Waters. 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. The joint regulations will 
become effective in Canada on March 20, 2017.

DATES: This rule is effective on March 20, 2017.

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

[[Page 12419]]

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 update the following sections of the 
Regulations and Rules: Condition of Vessels; Seaway Navigation; Radio 
Communications; General; and, Vessels Transiting U.S. Waters. 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.
    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 two sections of the Condition of Vessels 
portion of the joint Seaway regulations. In Sec.  401.08, ``Landing 
booms'', the two Corporations are requiring vessels with freeboard 
greater than 2 m and not equipped with landing booms to use the Seaway 
tie-up service at approach walls. Under the current rules, crew members 
on vessels with freeboard greater than 2 m and no landing booms jump 
approximately 4-6 feet from the vessel to the approach wall. This rule 
would eliminate the safety risks associated with this practice.
    In Sec.  401.9, ``Radio telephone and navigation equipment'', the 
SLSDC and SLSMC are requiring that vessels maintain radio transmitters 
on board that are fitted to communicate on additional VHF channels to 
reduce possible interference from channels transmitting lock operation 
instructions to vessels via specially designated VHF channels.
    In the Seaway Navigation portion of the regulations, a change to 
Sec.  401.44, ``Mooring in locks'', is being made that would require 
one crew member to be present on deck during lockage to assist the 
Bridge team. A change to Sec.  401.89, ``Transit refused'' of the 
General section of the regulations clarifies that vessels need to be in 
compliance with Transport Canada's Marine Safety and Security 
regulations in order to transit the Seaway.
    The other changes to the joint regulations are merely editorial or 
to clarify existing requirements.
    A Notice of Proposed Rulemaking was published in the Federal 
Register (82 FR 1287) on January 5, 2017. No comments were received 
during the 30-day notice and comment period. The joint regulations will 
become effective in Canada on March 20, 2017.

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 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 Saint Lawrence Seaway Development Corporation 
amends 33 CFR part 401, Seaway 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.  401.8, redesignate paragraph (c) as paragraph (d) and add 
new paragraph (c) to read as follows:


Sec.  401.8  Landing booms.

* * * * *
    (c) Vessels with freeboard greater than 2 m and not equipped with 
landing booms shall utilize the Seaway tie-up service at approach 
walls.
* * * * *

0
 3. In Sec.  401.9, revise paragraph (b)(2) to read as follows:


Sec.  401.9  Radio telephone and navigation equipment.

* * * * *
    (b) * * *
    (2) Be fitted to operate from the conning position in the 
wheelhouse and to communicate on channels 11, 12, 13, 14, 15, 16, 17, 
66a, 75, 76 and 77.
* * * * *

0
4. In Sec.  401.29, revise paragraph (c)(2)(iii), redesignate paragraph 
(c)(2)(iv) as paragraph (c)(2)(v) and add a new paragraph (c)(2)(iv) to 
read as follows:


Sec.  401.29  Maximum draft.

* * * * *
    (c) * * *
    (2) * * *
    (iii) Any vessel intending to use the DIS for the first time must 
notify the Manager of the Corporation in writing at least 24 hours 
prior to the

[[Page 12420]]

commencement of its initial transit in the System with the DIS.
    (iv) In every navigation season a vessel intending to use an 
approved DIS to transit the System must fax a completed confirmation 
checklist found at www.greatlakes-seaway.com to the Manager or the 
Corporation prior to its initial transit of the season.
* * * * *

0
5. In Sec.  401.44, revise paragraph (d) to read as follows:


Sec.  401.44  Mooring in locks.

* * * * *
    (d) Vessels being moored by a ``Hands Free Mooring'' (HFM) system 
shall have a minimum of 1 well rested crew member on deck during the 
lockage to assist the Bridge team.

0
6. In Sec.  401.58, revise paragraph (b) to read as follows:


Sec.  401.58  Pleasure craft scheduling.

* * * * *
    (b) Every pleasure craft seeking to transit Canadian locks shall 
stop at a pleasure craft dock and arrange for transit by contacting the 
lock personnel using the direct-line phone and make the lockage fee 
payment by purchasing a ticket using the automated ticket dispensers or 
prior to transiting Seaway locks, purchase a ticket through PayPal on 
the Seaway Web site.

0
 7. In Sec.  401.64, revise paragraph (c) to read as follows:


Sec.  401.64  Calling in.

* * * * *
    (c) A down bound vessel in St. Lambert Lock shall switch to channel 
10 (156.5 MHz) for a traffic report from Quebec Vessel Management 
Center.
* * * * *

0
8. In Sec.  401.89, revise paragraph (a)(4) to read as follows:


Sec.  401.89  Transit refused.

    (a) * * *
    (4) The vessel is not in compliance with Transport Canada Marine 
Safety and Security, flag state and/or classification society 
regulations.
* * * * *

0
9. In part 401, Schedule I, redesignate paragraphs (c) and (d) as 
paragraphs (d) and (e), respectively, and add a new paragraph (c) to 
read as follows:

Schedule I to Subpart A of Part 401--Vessels Transiting U.S. Waters

* * * * *
    (c) U.S. Coast Pilot, current edition.
* * * * *

    Issued at Washington, DC, on February 27, 2017.

Saint Lawrence Seaway Development Corporation.
Carrie Lavigne,
 Chief Counsel.
[FR Doc. 2017-04068 Filed 3-2-17; 8:45 am]
BILLING CODE 4910-61-P



                                                12418                Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Rules and Regulations

                                                FURTHER INFORMATION CONTACT             section         PART 165—REGULATED NAVIGATION                         Notice to Mariners and on-scene
                                                above.                                                  AREAS AND LIMITED ACCESS AREAS                        notification.
                                                E. Unfunded Mandates Reform Act                                                                               D.F. Berliner,
                                                                                                        ■ 1. The authority citation for part 165              Captain, U.S. Coast Guard, Acting Captain
                                                  The Unfunded Mandates Reform Act                      continues to read as follows:                         of the Port, Sector Columbia River.
                                                of 1995 (2 U.S.C. 1531–1538) requires                     Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           [FR Doc. 2017–04196 Filed 3–2–17; 8:45 am]
                                                Federal agencies to assess the effects of               33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             BILLING CODE 9110–04–P
                                                their discretionary regulatory actions. In              Department of Homeland Security Delegation
                                                particular, the Act addresses actions                   No. 0170.1.
                                                that may result in the expenditure by a                                                                       DEPARTMENT OF TRANSPORTATION
                                                State, local, or tribal government, in the              ■ 2. Add § 165.T13–0118 to read as
                                                aggregate, or by the private sector of                  follows:                                              Saint Lawrence Seaway Development
                                                $100,000,000 (adjusted for inflation) or                § 165.T13–0118 Safety Zone; Columbia
                                                                                                                                                              Corporation
                                                more in any one year. Though this rule                  River, Sand Island, WA.
                                                will not result in such an expenditure,                                                                       33 CFR Part 401
                                                we do discuss the effects of this rule                     (a) Location. The following area is a
                                                                                                                                                              [Docket No. SLSDC–2016–0006]
                                                elsewhere in this preamble.                             safety zone: all waters of the Columbia
                                                                                                        River within 500 yards of the small boat              RIN 2135–AA42
                                                F. Environment                                          ‘‘Nessy’’ while in the area encompassing
                                                                                                        these points: 46°15′45″ N., 123°59′39″                Seaway Regulations and Rules:
                                                  We have analyzed this rule under                                                                            Periodic Update, Various Categories
                                                                                                        W.; 46°15′24″ N., 123°59′42″ W.;
                                                Department of Homeland Security
                                                                                                        46°13′32″ N., 123°57′18″ W.; 46°15′9″                 AGENCY:  Saint Lawrence Seaway
                                                Management Directive 023–01 and
                                                                                                        N., 123°55′24″ W.; and 46°15′54″ N.,                  Development Corporation, DOT.
                                                Commandant Instruction M16475.lD,
                                                                                                        123°58′6″ W. ‘‘Nessy’’ is a 20-foot black             ACTION: Final rule.
                                                which guide the Coast Guard in
                                                                                                        and gray aluminum work skiff with an
                                                complying with the National
                                                                                                        overhead light arch.                                  SUMMARY:   The Saint Lawrence Seaway
                                                Environmental Policy Act of 1969 (42
                                                                                                           (b) Regulations. In accordance with                Development Corporation (SLSDC) and
                                                U.S.C. 4321–4370f), and have
                                                                                                        the general regulations in subpart C of               the St. Lawrence Seaway Management
                                                determined that this action is one of a
                                                                                                        this part, no person may enter or remain              Corporation (SLSMC) of Canada, under
                                                category of actions that do not                                                                               international agreement, jointly publish
                                                individually or cumulatively have a                     in the safety zone created in this section
                                                                                                        or bring, cause to be brought, or allow               and presently administer the St.
                                                significant effect on the human                                                                               Lawrence Seaway Regulations and
                                                environment. This rule involves the                     to remain in the safety zone created in
                                                                                                        this section any vehicle, vessel, or object           Rules (Practices and Procedures in
                                                establishment of a temporary safety                                                                           Canada) in their respective jurisdictions.
                                                zone. It is categorically excluded from                 unless authorized by the Captain of the
                                                                                                        Port or his designated representative.                Under agreement with the SLSMC, the
                                                further review under paragraph 34(g) of                                                                       SLSDC is amending the joint regulations
                                                Figure 2–1 of the Commandant                               (c) Enforcement. Any Coast Guard                   by updating the Seaway Regulations and
                                                Instruction. An environmental analysis                  commissioned, warrant, or petty officer               Rules in various categories. The changes
                                                checklist supporting this determination                 may enforce the rules in this section.                update the following sections of the
                                                and a Categorical Exclusion                             Where immediate action is required and                Regulations and Rules: Condition of
                                                Determination are available in the                      representatives of the Coast Guard are                Vessels; Seaway Navigation; Radio
                                                docket where indicated under                            not present or are not present in                     Communications; General; and, Vessels
                                                ADDRESSES. We seek any comments or                      sufficient force to provide effective                 Transiting U.S. Waters. These
                                                information that may lead to the                        enforcement of this section, any Oregon               amendments are necessary to take
                                                discovery of a significant environmental                Law Enforcement Officer or Washington                 account of updated procedures and will
                                                impact from this rule.                                  Law Enforcement Officer may enforce                   enhance the safety of transits through
                                                                                                        the rules contained in this section                   the Seaway. Several of the amendments
                                                G. Protest Activities                                   pursuant to 46 U.S.C. 70118. In                       are merely editorial or for clarification
                                                  The Coast Guard respects the First                    addition, the Captain of the Port may be              of existing requirements. The joint
                                                Amendment rights of protesters.                         assisted by members of the U. S. Army                 regulations will become effective in
                                                Protesters are asked to contact the                     Corps of Engineers and U.S. Department                Canada on March 20, 2017.
                                                person listed in the FOR FURTHER                        of Agriculture Wildlife Services and                  DATES: This rule is effective on March
                                                INFORMATION CONTACT section to
                                                                                                        other federal, state, or local agencies in            20, 2017.
                                                coordinate protest activities so that your              enforcing this section.                               ADDRESSES: Docket: For access to the
                                                message can be received without                            (d) Enforcement periods. This section              docket to read background documents
                                                jeopardizing the safety or security of                  is effective from April 3, 2017 through               or comments received, go to http://
                                                people, places or vessels.                              May 25, 2017. It will be enforced from                www.Regulations.gov; or in person at
                                                                                                        7 a.m. to 3 p.m. each day on the follow               the Docket Management Facility; U.S.
                                                List of Subjects in 33 CFR Part 165                     dates: April 3 through 6, April 10                    Department of Transportation, 1200
                                                                                                        through 13, April 17 through 20, April                New Jersey Avenue SE., West Building
                                                  Harbors, Marine safety, Navigation
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                                                                                                        24 through 27, May 1 through 4, May 8                 Ground Floor, Room W12–140,
                                                (water), Reporting and recordkeeping                                                                          Washington, DC 20590–001, between 9
                                                                                                        through 11, May 15 through 18, and
                                                requirements, Security measures,                                                                              a.m. and 5 p.m., Monday through
                                                                                                        May 22 through 25, 2017. The Coast
                                                Waterways.                                                                                                    Friday, except Federal holidays.
                                                                                                        Guard will inform mariners of any
                                                  For the reasons discussed in the                      additions and/or changes to the dates                 FOR FURTHER INFORMATION CONTACT:
                                                preamble, the Coast Guard amends 33                     and times this section is enforced                    Carrie Mann Lavigne, Chief Counsel,
                                                CFR part 165 as follows:                                during its effective period via Broadcast             Saint Lawrence Seaway Development


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                                                                     Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Rules and Regulations                                            12419

                                                Corporation, 180 Andrews Street,                           In the Seaway Navigation portion of                and the private sector requiring a
                                                Massena, New York 13662; 315/764–                       the regulations, a change to § 401.44,                written statement of economic and
                                                3200.                                                   ‘‘Mooring in locks’’, is being made that              regulatory alternatives.
                                                SUPPLEMENTARY INFORMATION:      The Saint               would require one crew member to be
                                                                                                                                                              Paperwork Reduction Act
                                                Lawrence Seaway Development                             present on deck during lockage to assist
                                                                                                        the Bridge team. A change to § 401.89,                  This regulation has been analyzed
                                                Corporation (SLSDC) and the St.
                                                                                                        ‘‘Transit refused’’ of the General section            under the Paperwork Reduction Act of
                                                Lawrence Seaway Management
                                                                                                        of the regulations clarifies that vessels             1995 and does not contain new or
                                                Corporation (SLSMC) of Canada, under
                                                                                                        need to be in compliance with                         modified information collection
                                                international agreement, jointly publish
                                                                                                        Transport Canada’s Marine Safety and                  requirements subject to the Office of
                                                and presently administer the St.
                                                                                                        Security regulations in order to transit              Management and Budget review.
                                                Lawrence Seaway Regulations and
                                                Rules (Practices and Procedures in                      the Seaway.                                           List of Subjects in 33 CFR Part 401
                                                Canada) in their respective jurisdictions.                 The other changes to the joint
                                                                                                        regulations are merely editorial or to                  Hazardous materials transportation,
                                                Under agreement with the SLSMC, the                                                                           Navigation (water), Penalties, Radio,
                                                SLSDC is amending the joint regulations                 clarify existing requirements.
                                                                                                           A Notice of Proposed Rulemaking was                Reporting and recordkeeping
                                                by updating the Regulations and Rules                                                                         requirements, Vessels, Waterways.
                                                                                                        published in the Federal Register (82
                                                in various categories. The changes                                                                              Accordingly, the Saint Lawrence
                                                                                                        FR 1287) on January 5, 2017. No
                                                update the following sections of the                                                                          Seaway Development Corporation
                                                                                                        comments were received during the
                                                Regulations and Rules: Condition of                                                                           amends 33 CFR part 401, Seaway
                                                                                                        30-day notice and comment period. The
                                                Vessels; Seaway Navigation; Radio                                                                             Regulations and Rules, as follows:
                                                                                                        joint regulations will become effective
                                                Communications; General; and, Vessels
                                                                                                        in Canada on March 20, 2017.
                                                Transiting U.S. Waters. These updates                                                                         PART 401—SEAWAY REGULATIONS
                                                are necessary to take account of updated                Regulatory Evaluation                                 AND RULES
                                                procedures which will enhance the                          This regulation involves a foreign
                                                safety of transits through the Seaway.                  affairs function of the United States and             Subpart A—Regulations
                                                Many of these changes are to clarify                    therefore, Executive Order 12866 does
                                                existing requirements in the regulations.                                                                     ■ 1. The authority citation for subpart A
                                                                                                        not apply and evaluation under the                    of part 401 continues to read as follows:
                                                Where new requirements or regulations                   Department of Transportation’s
                                                are made, an explanation for such a                     Regulatory Policies and Procedures is                   Authority: 33 U.S.C. 983(a) and 984(a)(4),
                                                change is provided below.                               not required.                                         as amended; 49 CFR 1.52, unless otherwise
                                                   Regulatory Notices: Privacy Act:                                                                           noted.
                                                Anyone is able to search the electronic                 Regulatory Flexibility Act                            ■ 2. In § 401.8, redesignate paragraph (c)
                                                form of all comments received into any                  Determination                                         as paragraph (d) and add new paragraph
                                                of our dockets by the name of the                          I certify that this regulation will not            (c) to read as follows:
                                                individual submitting the comment (or                   have a significant economic impact on
                                                signing the comment, if submitted on                                                                          § 401.8    Landing booms.
                                                                                                        a substantial number of small entities.
                                                behalf of an association, business, labor               The St. Lawrence Seaway Regulations                   *     *     *      *     *
                                                union, etc.). You may review DOT’s                      and Rules primarily relate to                           (c) Vessels with freeboard greater than
                                                complete Privacy Act Statement in the                   commercial users of the Seaway, the                   2 m and not equipped with landing
                                                Federal Register published on April 11,                 vast majority of who are foreign vessel               booms shall utilize the Seaway tie-up
                                                2000 (Volume 65, Number 70; Pages                       operators. Therefore, any resulting costs             service at approach walls.
                                                19477–78) or you may visit http://                      will be borne mostly by foreign vessels.              *     *     *      *     *
                                                www.Regulations.gov.                                                                                          ■ 3. In § 401.9, revise paragraph (b)(2) to
                                                   The SLSDC is amending two sections                   Environmental Impact
                                                                                                                                                              read as follows:
                                                of the Condition of Vessels portion of                     This regulation does not require an
                                                the joint Seaway regulations. In                        environmental impact statement under                  § 401.9 Radio telephone and navigation
                                                § 401.08, ‘‘Landing booms’’, the two                    the National Environmental Policy Act                 equipment.
                                                Corporations are requiring vessels with                 (49 U.S.C. 4321, et seq.) because it is not           *      *      *    *     *
                                                freeboard greater than 2 m and not                      a major federal action significantly                     (b) * * *
                                                equipped with landing booms to use the                  affecting the quality of the human                       (2) Be fitted to operate from the
                                                Seaway tie-up service at approach walls.                environment.                                          conning position in the wheelhouse and
                                                Under the current rules, crew members                                                                         to communicate on channels 11, 12, 13,
                                                on vessels with freeboard greater than 2                Federalism                                            14, 15, 16, 17, 66a, 75, 76 and 77.
                                                m and no landing booms jump                               The Corporation has analyzed this                   *      *      *    *     *
                                                approximately 4–6 feet from the vessel                  rule under the principles and criteria in             ■ 4. In § 401.29, revise paragraph
                                                to the approach wall. This rule would                   Executive Order 13132, dated August 4,                (c)(2)(iii), redesignate paragraph
                                                eliminate the safety risks associated                   1999, and have determined that this                   (c)(2)(iv) as paragraph (c)(2)(v) and add
                                                with this practice.                                     proposal does not have sufficient                     a new paragraph (c)(2)(iv) to read as
                                                   In § 401.9, ‘‘Radio telephone and                    federalism implications to warrant a                  follows:
                                                navigation equipment’’, the SLSDC and                   Federalism Assessment.
                                                SLSMC are requiring that vessels                                                                              § 401.29    Maximum draft.
                                                                                                        Unfunded Mandates
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                                                maintain radio transmitters on board                                                                          *      *    *      *    *
                                                that are fitted to communicate on                          The Corporation has analyzed this                    (c) * * *
                                                additional VHF channels to reduce                       rule under Title II of the Unfunded                     (2) * * *
                                                possible interference from channels                     Mandates Reform Act of 1995 (Pub. L.                    (iii) Any vessel intending to use the
                                                transmitting lock operation instructions                104–4, 109 Stat. 48) and determined that              DIS for the first time must notify the
                                                to vessels via specially designated VHF                 it does not impose unfunded mandates                  Manager of the Corporation in writing at
                                                channels.                                               on State, local, and tribal governments               least 24 hours prior to the


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                                                12420                Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Rules and Regulations

                                                commencement of its initial transit in                  Saint Lawrence Seaway Development                     SUPPLEMENTARY INFORMATION:        The Saint
                                                the System with the DIS.                                Corporation.                                          Lawrence Seaway Development
                                                   (iv) In every navigation season a                    Carrie Lavigne,                                       Corporation (SLSDC) and the St.
                                                vessel intending to use an approved DIS                 Chief Counsel.                                        Lawrence Seaway Management
                                                to transit the System must fax a                        [FR Doc. 2017–04068 Filed 3–2–17; 8:45 am]            Corporation (SLSMC) of Canada, under
                                                completed confirmation checklist found                  BILLING CODE 4910–61–P                                international agreement, jointly publish
                                                at www.greatlakes-seaway.com to the                                                                           and presently administer the St.
                                                Manager or the Corporation prior to its                                                                       Lawrence Seaway Tariff of Tolls
                                                initial transit of the season.                          DEPARTMENT OF TRANSPORTATION                          (Schedule of Fees and Charges in
                                                *      *     *      *    *                                                                                    Canada) in their respective jurisdictions.
                                                                                                        Saint Lawrence Seaway Development                        The Tariff sets forth the level of tolls
                                                ■ 5. In § 401.44, revise paragraph (d) to
                                                                                                        Corporation                                           assessed on all commodities and vessels
                                                read as follows:                                                                                              transiting the facilities operated by the
                                                § 401.44   Mooring in locks.                            33 CFR Part 402                                       SLSDC and the SLSMC. The SLSDC is
                                                *     *     *      *    *                                                                                     proposing to revise 33 CFR 402.12,
                                                                                                        [Docket No. SLSDC–2016–0005]                          ‘‘Schedule of tolls’’, to reflect the fees
                                                  (d) Vessels being moored by a ‘‘Hands
                                                Free Mooring’’ (HFM) system shall have                  RIN 2135–AA41
                                                                                                                                                              and charges levied by the SLSMC in
                                                a minimum of 1 well rested crew                                                                               Canada beginning in the 2017
                                                member on deck during the lockage to                    Tariff of Tolls                                       navigation season. With one exception,
                                                assist the Bridge team.                                                                                       the changes affect the tolls for
                                                                                                        AGENCY:  Saint Lawrence Seaway                        commercial vessels and are applicable
                                                ■ 6. In § 401.58, revise paragraph (b) to               Development Corporation, DOT.                         only in Canada. The collection of tolls
                                                read as follows:                                        ACTION: Final rule.                                   by the SLSDC on commercial vessels
                                                § 401.58   Pleasure craft scheduling.                                                                         transiting the U.S. locks is waived by
                                                                                                        SUMMARY:    The Saint Lawrence Seaway                 law (33 U.S.C. 988a(a)). Accordingly, no
                                                *      *    *      *    *                               Development Corporation (SLSDC) and
                                                   (b) Every pleasure craft seeking to                                                                        notice or comment was necessary on
                                                                                                        the St. Lawrence Seaway Management                    these amendments.
                                                transit Canadian locks shall stop at a                  Corporation (SLSMC) of Canada, under                     The SLSDC is amending 33 CFR
                                                pleasure craft dock and arrange for                     international agreement, jointly publish              402.12, ‘‘Schedule of tolls’’, to increase
                                                transit by contacting the lock personnel                and presently administer the St.                      the minimum charge per vessel per lock
                                                using the direct-line phone and make                    Lawrence Seaway Tariff of Tolls in their              for full or partial transit of the Seaway
                                                the lockage fee payment by purchasing                   respective jurisdictions. The Tariff sets             from $27.46 to $28.01. This charge is for
                                                a ticket using the automated ticket                     forth the level of tolls assessed on all              vessels that are not pleasure craft or
                                                dispensers or prior to transiting Seaway                commodities and vessels transiting the                subject in Canada to the tolls under
                                                locks, purchase a ticket through PayPal                 facilities operated by the SLSDC and the              items 1 and 2 of the Tariff. This increase
                                                on the Seaway Web site.                                 SLSMC. The SLSDC is revising its                      is due to higher operating costs at the
                                                ■ 7. In § 401.64, revise paragraph (c) to               regulations to reflect the fees and                   locks.
                                                read as follows:                                        charges levied by the SLSMC in Canada                    A Notice of Proposed Rulemaking was
                                                                                                        starting in the 2017 navigation season,               published in the Federal Register (82
                                                § 401.64   Calling in.
                                                                                                        which are effective only in Canada. An                FR 1285) on January 5, 2017. No
                                                *     *     *      *    *                               amendment to increase the minimum                     comments were received during the
                                                  (c) A down bound vessel in St.                        charge per lock for those vessels that are            30-day notice and comment period.
                                                Lambert Lock shall switch to channel 10                 not pleasure craft or subject in Canada                  Regulatory Notices: Privacy Act:
                                                (156.5 MHz) for a traffic report from                   to tolls under items 1 and 2 of the Tariff            Anyone is able to search the electronic
                                                Quebec Vessel Management Center.                        for full or partial transit of the Seaway             form of all comments received into any
                                                *     *     *      *    *                               will apply in the U.S. (See                           of our dockets by the name of the
                                                ■ 8. In § 401.89, revise paragraph (a)(4)               SUPPLEMENTARY INFORMATION.) The Tariff                individual submitting the comment (or
                                                to read as follows:                                     of Tolls will become effective in Canada              signing the comment, if submitted on
                                                                                                        on March 20, 2017.                                    behalf of an association, business, labor
                                                § 401.89   Transit refused.                                                                                   union, etc.). You may review DOT’s
                                                                                                        DATES: This rule is effective on March
                                                  (a) * * *                                             20, 2017.                                             complete Privacy Act Statement in the
                                                  (4) The vessel is not in compliance                                                                         Federal Register published on April 11,
                                                                                                        ADDRESSES: Docket: For access to the
                                                with Transport Canada Marine Safety                                                                           2000 (Volume 65, Number 70; Pages
                                                                                                        docket to read background documents
                                                and Security, flag state and/or                                                                               19477–78) or you may visit http://
                                                                                                        or comments received, go to http://
                                                classification society regulations.                                                                           dms.dot.gov.
                                                                                                        www.Regulations.gov; or in person at
                                                *     *      *    *     *                               the Docket Management Facility; U.S.                  Regulatory Evaluation
                                                ■ 9. In part 401, Schedule I, redesignate               Department of Transportation, 1200                       This regulation involves a foreign
                                                paragraphs (c) and (d) as paragraphs (d)                New Jersey Avenue SE., West Building                  affairs function of the United States and
                                                and (e), respectively, and add a new                    Ground Floor, Room W12–140,                           therefore, Executive Order 12866 does
                                                paragraph (c) to read as follows:                       Washington, DC 20590–001, between 9                   not apply and evaluation under the
                                                Schedule I to Subpart A of Part 401—                    a.m. and 5 p.m., Monday through                       Department of Transportation’s
mstockstill on DSK3G9T082PROD with RULES




                                                Vessels Transiting U.S. Waters                          Friday, except Federal Holidays.                      Regulatory Policies and Procedures is
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      not required.
                                                *     *     *    *      *                               Carrie Mann Lavigne, Chief Counsel,
                                                  (c) U.S. Coast Pilot, current edition.                Saint Lawrence Seaway Development                     Regulatory Flexibility Act
                                                *     *     *    *      *                               Corporation, 180 Andrews Street,                      Determination
                                                  Issued at Washington, DC, on February 27,             Massena, New York 13662; 315/764–                        I certify this regulation will not have
                                                2017.                                                   3200.                                                 a significant economic impact on a


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Document Created: 2018-02-01 14:46:04
Document Modified: 2018-02-01 14:46:04
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 rule is effective on March 20, 2017.
ContactCarrie Mann Lavigne, Chief Counsel, Saint Lawrence Seaway Development Corporation, 180 Andrews Street, Massena, New York 13662; 315/764-3200.
FR Citation82 FR 12418 
RIN Number2135-AA42
CFR AssociatedHazardous Materials Transportation; Navigation (water); Penalties; Radio; Reporting and Recordkeeping Requirements; Vessels and Waterways

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