[Federal Register: May 13, 2003 (Volume 68, Number 92)]
[Proposed Rules]
[Page 25546-25547]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13my03-32]
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DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development Corporation
33 CFR Part 401
[Docket No. SLSDC 2003-15136]
RIN 2135-AA18
Seaway Regulations and Rules: Stern Anchors and Navigation
Underway
AGENCY: Saint Lawrence Seaway Development Corporation, DOT.
ACTION: Notice of proposed rulemaking.
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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 proposing to amend the joint regulations by making
requirement for stern anchors applicable to large tug and barge
combinations and by adding new requirements for manning of the
wheelhouse for vessels underway.
DATES: Any party wishing to present views on the proposed amendments
may file comments with the Corporation on or before June 12, 2003.
ADDRESSES: Signed, written comments should refer to the docket number
appearing at the top of this document and must be submitted to the
Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh Street, SW.,
Washington, DC 20590-0001. Written comments may also be submitted
electronically at http://dmses.dot.gov/submit/BlankDSS.asp. All
comments received will be available for examination between 9 a.m. and
5 p.m., E.T., Monday through Friday, except Federal holidays. Those
desiring notification of receipt of comments must include a self-
addressed, stamped envelope or postcard.
FOR FURTHER INFORMATION CONTACT: Marc C. Owen, Chief Counsel, Saint
Lawrence Seaway Development Corporation, 400 Seventh Street, SW.,
Washington, DC 20590, (202) 366-6823.
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 proposing to amend the
joint regulations by making requirement for stern anchors applicable to
new tug and barge combinations. Some tug and barge combinations that
transit the Seaway carry dangerous or hazardous cargo and are just as
large, 110 meters or more in combination, as the commercial vessels to
which the requirement now applies. Accordingly, the SLSDC is proposing
to make the requirement that a vessel be equipped with a stern anchor
also applicable to these large tug and barge combinations. This will
provide increased safety through greater control. Specifically, Sec.
401.15, ``Stern anchors'', would be amended by adding a new subsection
to read, ``Every integrated tug and barge or articulated tug and barge
unit greater than 110 m in overall length which is constructed after
January 1, 2003, shall be equipped with a stern anchor.''
In addition, the SLSDC is proposing changes to the manning
requirements for navigation underway to ensure greater safety for all
vessels, which includes tugs and tug and barge combinations as well.
The rule already requires adequate manning and operation of the
propulsion machinery. Inadequate manning of the wheelhouse and during
mooring and other essential
[[Page 25547]]
duties also poses serious environmental and safety risks. Accordingly,
it is proposed to amend Sec. 401.35, ``Navigation underway'', by
adding two new subsections (c) and (d) to read as follows: ``(c) man
the wheelhouse of the vessel at all times by either the master or
certified deck officer and by another qualified crewmember and (d) have
sufficient well rested crewmembers available for mooring operations and
other essential duties.''
Regulatory Evaluation
This proposed 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
The Saint Lawrence Seaway Development Corporation certifies that
this proposed regulation will not have a significant economic impact on
a substantial number of small entities. The St. Lawrence Seaway
Regulations and Rules primarily relate to commercial users of the
Seaway, the vast majority of whom are foreign vessel operators.
Therefore, any resulting costs will be borne mostly by foreign vessels.
Environmental Impact
This proposed regulation does not require an environmental impact
statement under the National Environmental Policy Act (49 U.S.C. 4321,
et reg.) because it is not a major federal action significantly
affecting the quality of human environment.
Federalism
The Corporation has analyzed this proposed rule under the
principles and criteria in Executive Order 13132, dated August 4, 1999,
and has determined that this proposal does not have sufficient
federalism implications to warrant a Federalism Assessment.
Unfunded Mandates
The Corporation has analyzed this proposed 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 proposed 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
proposes to amend 33 CFR part 401 as follows:
PART 401--SEAWAY REGULATIONS AND RULES
Subpart A--[Amended]
1. The authority citation for subpart A of part 401 would continue
to read as follows:
Authority: 33 U.S.C. 983(a) and 984(a)(4), as amended; 49 CFR
1.52, unless otherwise noted.
2. Sec. 401.15 would be revised to read as follows:
Sec. 401.15 Stern anchors.
(a) Every ship of more than 110 m in overall length, the keel of
which is laid after January 1, 1975, shall be equipped with a stern
anchor.
(b) Every integrated tug and barge or articulated tug and barge
unit greater than 110 m in overall length which is constructed after
January 1, 2003, shall be equipped with a stern anchor.
2. In Sec. 401.35, two new paragraphs (c) and (d) would be added
to read as follows:
Sec. 401.35 Navigation underway.
* * * * *
(c) Man the wheelhouse of the vessel at all times by either the
master or certified deck officer and by another qualified crewmember;
and
(d) Have sufficient well rested crewmembers available for mooring
operations and other essential duties.
Issued at Washington, DC on May 8, 2003. Saint Lawrence Seaway
Development Corporation.
Marc C. Owen,
Chief Counsel.
[FR Doc. 03-11895 Filed 5-12-03; 8:45 am]
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