83_FR_12541 83 FR 12485 - Seaway Regulations and Rules: Periodic Update, Various Categories

83 FR 12485 - Seaway Regulations and Rules: Periodic Update, Various Categories

DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development Corporation

Federal Register Volume 83, Issue 56 (March 22, 2018)

Page Range12485-12486
FR Document2018-05781

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; and, Dangerous Cargo. These amendments are merely editorial or for clarification of existing requirements. The joint regulations will become effective in Canada on March 29, 2018. 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.

Federal Register, Volume 83 Issue 56 (Thursday, March 22, 2018)
[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Rules and Regulations]
[Pages 12485-12486]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05781]


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DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 401

[Docket No. SLSDC-2016-0006]
RIN 2135-AA43


Seaway Regulations and Rules: Periodic Update, Various Categories

AGENCY: Saint Lawrence Seaway Development Corporation, DOT.

ACTION: Final rule.

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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; and, Dangerous Cargo. These amendments are merely editorial or 
for clarification of existing requirements. The joint regulations will 
become effective in Canada on March 29, 2018. 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.

DATES: This rule is effective on March 29, 2018.

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 update the following sections of the 
Regulations and Rules: Condition of Vessels; and, Dangerous Cargo. 
These changes are to clarify existing requirements in the regulations.
    Regulatory Notices: Privacy Act: Anyone is able to search the 
electronic form of all comments received into any of our dockets by the 
name of the individual submitting the comment (or signing the comment, 
if submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (Volume 65, Number 70; Pages 
19477-78) or you may visit http://www.Regulations.gov.
    The joint regulations will become effective in Canada on March 29, 
2018.

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 
amends 33 CFR part 401 as follows:

PART 401--SEAWAY REGULATIONS AND RULES

Subpart A--Regulations

0
1. The authority citation for subpart A of part 401 is revised to read 
as follows:

    Authority:  33 U.S.C. 983(a) and 984(a)(4), as amended; 49 CFR 
1.52, unless otherwise noted.


0
2. In Sec.  401.12, revise paragraph (a)(3)(iii) to read as follows:


Sec.  401.12   Minimum requirements--mooring lines and fairleads.

    (a) * * *
    (3) * * *
    (iii) All lines shall be led through closed chocks or fairleads 
acceptable to the Manager and the Corporation.
* * * * *

0
 3. In Sec.  401.66, revise paragraph (a) to read as follows:


Sec.  401.66  Applicable laws.

    (a) Where a vessel on the seaway is involved in an accident or a 
dangerous occurrence, the master of the vessel shall report the 
accident or occurrence,

[[Page 12486]]

pursuant to the requirements of the Transportation Safety Board 
Regulations, to the nearest Seaway station and Transport Canada Marine 
Safety and Security or U.S. Coast Guard office as soon as possible and 
prior to departing the Seaway system.
* * * * *

    Issued at Washington, DC, on March 16, 2018.

Saint Lawrence Seaway Development Corporation.
Carrie Lavigne,
Chief Counsel.
[FR Doc. 2018-05781 Filed 3-21-18; 8:45 am]
 BILLING CODE 4910-61-P



                                                               Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Rules and Regulations                                            12485

                                             https://www.regulations.gov. Use the                    FOR FURTHER INFORMATION CONTACT:                      affecting the quality of the human
                                             FDA website listed in the previous                      Carrie Mann Lavigne, Chief Counsel,                   environment.
                                             sentence to find the most current                       Saint Lawrence Seaway Development
                                                                                                                                                           Federalism
                                             version of the guidance.                                Corporation, 180 Andrews Street,
                                               Dated: March 19, 2018.                                Massena, New York 13662; 315/764–                       The Corporation has analyzed this
                                                                                                     3200.                                                 rule under the principles and criteria in
                                             Leslie Kux,
                                                                                                                                                           Executive Order 13132, dated August 4,
                                             Associate Commissioner for Policy.                      SUPPLEMENTARY INFORMATION:      The Saint             1999, and have determined that this rule
                                             [FR Doc. 2018–05843 Filed 3–21–18; 8:45 am]             Lawrence Seaway Development                           does not have sufficient federalism
                                             BILLING CODE 4164–01–P                                  Corporation (SLSDC) and the St.                       implications to warrant a Federalism
                                                                                                     Lawrence Seaway Management                            Assessment.
                                                                                                     Corporation (SLSMC) of Canada, under
                                             DEPARTMENT OF TRANSPORTATION                            international agreement, jointly publish              Unfunded Mandates
                                                                                                     and presently administer the St.                         The Corporation has analyzed this
                                             Saint Lawrence Seaway Development                       Lawrence Seaway Regulations and                       rule under Title II of the Unfunded
                                             Corporation                                             Rules (Practices and Procedures in                    Mandates Reform Act of 1995 (Pub. L.
                                                                                                     Canada) in their respective jurisdictions.            104–4, 109 Stat. 48) and determined that
                                             33 CFR Part 401                                         Under agreement with the SLSMC, the                   it does not impose unfunded mandates
                                                                                                     SLSDC is amending the joint regulations               on State, local, and tribal governments
                                             [Docket No. SLSDC–2016–0006]                            by updating the Regulations and Rules                 and the private sector requiring a
                                             RIN 2135–AA43                                           in various categories. The changes                    written statement of economic and
                                                                                                     update the following sections of the                  regulatory alternatives.
                                             Seaway Regulations and Rules:                           Regulations and Rules: Condition of
                                             Periodic Update, Various Categories                     Vessels; and, Dangerous Cargo. These                  Paperwork Reduction Act
                                                                                                     changes are to clarify existing                         This regulation has been analyzed
                                             AGENCY:  Saint Lawrence Seaway
                                                                                                     requirements in the regulations.                      under the Paperwork Reduction Act of
                                             Development Corporation, DOT.
                                                                                                        Regulatory Notices: Privacy Act:                   1995 and does not contain new or
                                             ACTION: Final rule.                                     Anyone is able to search the electronic               modified information collection
                                             SUMMARY:    The Saint Lawrence Seaway                   form of all comments received into any                requirements subject to the Office of
                                             Development Corporation (SLSDC) and                     of our dockets by the name of the                     Management and Budget review.
                                             the St. Lawrence Seaway Management                      individual submitting the comment (or
                                                                                                     signing the comment, if submitted on                  List of Subjects in 33 CFR Part 401
                                             Corporation (SLSMC) of Canada, under
                                             international agreement, jointly publish                behalf of an association, business, labor               Hazardous materials transportation,
                                             and presently administer the St.                        union, etc.). You may review DOT’s                    Navigation (water), Penalties, Radio,
                                             Lawrence Seaway Regulations and                         complete Privacy Act Statement in the                 Reporting and recordkeeping
                                             Rules (Practices and Procedures in                      Federal Register published on April 11,               requirements, Vessels, Waterways.
                                             Canada) in their respective jurisdictions.              2000 (Volume 65, Number 70; Pages                       Accordingly, the Saint Lawrence
                                             Under agreement with the SLSMC, the                     19477–78) or you may visit http://                    Seaway Development Corporation
                                             SLSDC is amending the joint regulations                 www.Regulations.gov.                                  amends 33 CFR part 401 as follows:
                                             by updating the Seaway Regulations and                     The joint regulations will become
                                             Rules in various categories. The changes                effective in Canada on March 29, 2018.                PART 401—SEAWAY REGULATIONS
                                             update the following sections of the                                                                          AND RULES
                                                                                                     Regulatory Evaluation
                                             Regulations and Rules: Condition of                                                                           Subpart A—Regulations
                                             Vessels; and, Dangerous Cargo. These                       This regulation involves a foreign
                                             amendments are merely editorial or for                  affairs function of the United States and
                                                                                                     therefore, Executive Order 12866 does                 ■ 1. The authority citation for subpart A
                                             clarification of existing requirements.                                                                       of part 401 is revised to read as follows:
                                             The joint regulations will become                       not apply and evaluation under the
                                                                                                     Department of Transportation’s                          Authority: 33 U.S.C. 983(a) and 984(a)(4),
                                             effective in Canada on March 29, 2018.                                                                        as amended; 49 CFR 1.52, unless otherwise
                                             For consistency, because these are joint                Regulatory Policies and Procedures is
                                                                                                     not required.                                         noted.
                                             regulations under international
                                             agreement, and to avoid confusion                       Regulatory Flexibility Act                            ■ 2. In § 401.12, revise paragraph
                                             among users of the Seaway, the SLSDC                    Determination                                         (a)(3)(iii) to read as follows:
                                             finds that there is good cause to make                                                                        § 401.12 Minimum requirements—mooring
                                                                                                        I certify that this regulation will not
                                             the U.S. version of the amendments                                                                            lines and fairleads.
                                                                                                     have a significant economic impact on
                                             effective on the same date.                                                                                     (a) * * *
                                                                                                     a substantial number of small entities.
                                             DATES: This rule is effective on March                  The St. Lawrence Seaway Regulations                     (3) * * *
                                             29, 2018.                                               and Rules primarily relate to                           (iii) All lines shall be led through
                                             ADDRESSES: Docket: For access to the                    commercial users of the Seaway, the                   closed chocks or fairleads acceptable to
                                             docket to read background documents                     vast majority of who are foreign vessel               the Manager and the Corporation.
                                             or comments received, go to http://                     operators. Therefore, any resulting costs             *      *     *     *     *
                                             www.Regulations.gov; or in person at                    will be borne mostly by foreign vessels.              ■ 3. In § 401.66, revise paragraph (a) to
                                             the Docket Management Facility; U.S.
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                                                                                                     Environmental Impact                                  read as follows:
                                             Department of Transportation, 1200
                                             New Jersey Avenue SE, West Building                       This regulation does not require an                 § 401.66   Applicable laws.
                                             Ground Floor, Room W12–140,                             environmental impact statement under                    (a) Where a vessel on the seaway is
                                             Washington, DC 20590–001, between 9                     the National Environmental Policy Act                 involved in an accident or a dangerous
                                             a.m. and 5 p.m., Monday through                         (49 U.S.C. 4321, et seq.) because it is not           occurrence, the master of the vessel
                                             Friday, except Federal Holidays.                        a major federal action significantly                  shall report the accident or occurrence,


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                                             12486             Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Rules and Regulations

                                             pursuant to the requirements of the                     some information is not publicly                      submission from the State of Iowa
                                             Transportation Safety Board                             available, i.e., CBI or other information             received on July 29, 2013. Specifically,
                                             Regulations, to the nearest Seaway                      whose disclosure is restricted by statute.            EPA is approving Iowa’s submission
                                             station and Transport Canada Marine                     Certain other material, such as                       with regard to the following elements of
                                             Safety and Security or U.S. Coast Guard                 copyrighted material, is not placed on                section 110(a)(2): (A), (B), (C), (D)(i)(II)—
                                             office as soon as possible and prior to                 the internet and will be publicly                     prevent of significant deterioration of air
                                             departing the Seaway system.                            available only in hard copy form.                     quality (prong 3), (D)(ii), (E) through (H),
                                             *     *     *     *    *                                Publicly available docket materials are               and (J) through (M).
                                                                                                     available through https://                              EPA is not taking action at this time
                                               Issued at Washington, DC, on March 16,                                                                      on the following elements for the 2010
                                             2018.                                                   www.regulations.gov or please contact
                                                                                                     the person identified in the FOR FURTHER              SO2 NAAQS: Section 110(a)(2)(D)(i)(I)—
                                             Saint Lawrence Seaway Development                                                                             significant contribution to
                                             Corporation.                                            INFORMATION CONTACT section for
                                                                                                     additional information.                               nonattainment (prong 1) and interfering
                                             Carrie Lavigne,                                                                                               with maintenance of the NAAQS (prong
                                             Chief Counsel.                                          FOR FURTHER INFORMATION CONTACT:
                                                                                                     Heather Hamilton, Environmental                       2), and section 110(a)(2)(D)(i)(II)—
                                             [FR Doc. 2018–05781 Filed 3–21–18; 8:45 am]                                                                   protection of visibility (prong 4).
                                                                                                     Protection Agency, Air Planning and
                                             BILLING CODE 4910–61–P
                                                                                                     Development Branch, 11201 Renner                      III. Have the requirements for approval
                                                                                                     Boulevard, Lenexa, Kansas 66219 at                    of the SIP submission been met?
                                                                                                     913–551–7039, or by email at                             The state met the public notice
                                             ENVIRONMENTAL PROTECTION                                hamilton.heather@epa.gov.
                                             AGENCY                                                                                                        requirements for SIP submission in
                                                                                                     SUPPLEMENTARY INFORMATION:                            accordance with 40 CFR 51.102. The
                                             40 CFR Part 52                                          Throughout this document ‘‘we,’’ ‘‘us,’’              state initiated public comment from
                                                                                                     and ‘‘our’’ refer to EPA. This section                April 6, 2013, to May 8, 2013. One
                                             [EPA–R07–OAR–2017–0267; FRL–9975–                       provides additional information by
                                             78—Region 7]                                                                                                  comment was received and adequately
                                                                                                     addressing the following:                             addressed in the final SIP submission.
                                             Approval of Implementation Plans;                       I. Background                                         This submission also satisfied the
                                             State of Iowa; Elements of the                          II. What is being addressed in this document?         completeness criteria of 40 CFR part 51,
                                             Infrastructure SIP Requirements for                     III. Have the requirements for approval of the        appendix V. In addition, as explained
                                             the 2010 Sulfur Dioxide National                              SIP submission been met?                        above and in more detail in the
                                                                                                     IV. EPA’s Response to Comments                        technical support document which is
                                             Ambient Air Quality Standard (NAAQS)
                                                                                                     V. What action is EPA taking?                         part of the docket for this rulemaking,
                                             AGENCY:  Environmental Protection                       VI. Statutory and Executive Order Reviews
                                                                                                                                                           the submission meets the applicable
                                             Agency (EPA).                                                                                                 substantive SIP requirements of the
                                             ACTION: Final rule.
                                                                                                     I. Background
                                                                                                                                                           CAA, including section 110 and
                                                                                                        EPA received Iowa’s 2010 SO2                       implementing regulations.
                                             SUMMARY:    The Environmental Protection                NAAQS infrastructure SIP submission
                                             Agency (EPA) is taking final action to                  on July 29, 2013. On September 29,                    IV. EPA’s Response to Comments
                                             approve certain elements of a 2013 State                2017, EPA proposed to approve                            The public comment period on EPA’s
                                             Implementation Plan (SIP) submission                    elements of this submission. See 82 FR                proposed rule opened September 29,
                                             from the State of Iowa for the 2010                     45550. In conjunction with the                        2017, the date of its publication in the
                                             Sulfur Dioxide (SO2) National Ambient                   September 29, 2017 notice of proposed                 Federal Register, and closed on October
                                             Air Quality Standard (NAAQS). States                    rulemaking (NPR), EPA issued a direct                 30, 2017. During this period, EPA
                                             are required to have a SIP that provides                final rule (DFR) approving the same                   received three public comments on the
                                             for the implementation, maintenance,                    elements of the 2010 SO2 NAAQS                        proposal to approve certain elements of
                                             and enforcement of the NAAQS.                           infrastructure SIP. See 82 FR 45497.                  Iowa’s 2010 SO2 infrastructure SIP
                                             Whenever EPA promulgates a new or                       However, in the DFR, EPA stated that if               submission, one of which is addressed
                                             revised NAAQS, states are required to                   EPA received adverse comments by                      below. The other two comments were
                                             make a SIP submission establishing that                 October 30, 2017, the action would be                 not specific to this action, which is
                                             the existing approved SIP has                           withdrawn and not take effect. EPA                    concerned with evaluating whether
                                             provisions necessary to address various                 received three comments prior to the                  Iowa has the required elements in place
                                             requirements to address the new or                      close of the comment period which                     to implement, maintain, and enforce the
                                             revised NAAQS or to add such                            were adverse. EPA withdrew the DFR                    NAAQS, and thus no further response is
                                             provisions. These SIPs submissions are                  on November 14,2017. See 82 FR 54300.                 required.
                                             commonly referred to as                                 This action is a final rule based on the                 Comment: The commenter stated that
                                             ‘‘infrastructure’’ SIPs. The infrastructure             NPR. A detailed discussion of Iowa’s                  EPA must act on 110(a)(2)(D)(I) prong 1
                                             SIP requirements are designed to ensure                 SIP submission and EPA’s rationale for                (significant contribution to
                                             that the structural components of each                  approving the SIP submission were                     nonattainment), prong 2 (interference
                                             state’s air quality management program                  provided in the DFR and the associated                with maintenance), and 110(a)(2)(D)(II),
                                             are adequate to meet the state’s                        Technical Support Document in the                     prong 4 (interference with visibility
                                             responsibilities under the CAA.                         docket for this rulemaking and will not               protection.) The commenter asserted
                                             DATES: This final rule is effective on                  be restated here, except to the extent                that EPA had stated in the Technical
                                             April 23, 2018.                                                                                               Support Document (TSD) for the
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                                                                                                     relevant to our response to the public
                                             ADDRESSES: EPA has established a                        comment we received.                                  proposed action that ‘‘EPA WILL NOT
                                             docket for this action under Docket ID                                                                        ACT on [prongs 1, 2 and 4]’’ (emphasis
                                             No. EPA–R07–OAR–2017–0267. All                          II. What is being addressed in this                   added in comment). The commenter
                                             documents in the docket are listed on                   document?                                             went on to state that EPA was therefore
                                             the https://www.regulations.gov                           EPA is approving certain elements of                stating that it ‘‘will never act and does
                                             website. Although listed in the index,                  the 2010 SO2 NAAQS infrastructure SIP                 not need to act on these elements.’’ The


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Document Created: 2018-03-22 01:25:01
Document Modified: 2018-03-22 01:25:01
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 29, 2018.
ContactCarrie Mann Lavigne, Chief Counsel, Saint Lawrence Seaway Development Corporation, 180 Andrews Street, Massena, New York 13662; 315/764-3200.
FR Citation83 FR 12485 
RIN Number2135-AA43
CFR AssociatedHazardous Materials Transportation; Navigation (water); Penalties; Radio; Reporting and Recordkeeping Requirements; Vessels and Waterways

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