[Federal Register Volume 59, Number 86 (Thursday, May 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10568]
[[Page Unknown]]
[Federal Register: May 5, 1994]
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DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development Corporation
33 CFR Part 402
Tariff of Tolls: Proposed Revision
AGENCY: Saint Lawrence Seaway Development Corporation, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Saint Lawrence Seaway Development Corporation and the St.
Lawrence Seaway Authority of Canada have jointly established and
presently administer the St. Lawrence Seaway Tariff of Tolls. This
Tariff sets forth the level of tolls assessed on all commodities and
vessels transiting the facilities operated by the Corporation and the
Authority. To improve the competitiveness of the Seaway, the
Corporation and the Authority are proposing that the Tariff be amended
to provide that the charges for the 1994 season under the Tariff
Schedule be the same as for the 1993 season, except the toll for steel
slab. In an effort to increase steel slab shipments, the Corporation
and the Authority are proposing a separate, lower toll for this
commodity, which is now included under the general cargo rate. In
addition, the Corporation and the Authority are proposing for
competitive purposes that the Incentive Tolls Program be continued and
be revised by increasing the amounts of the discounts and rebates and
their applicability.
DATES: Any party wishing to present views or data on the proposed
revision may file comments with the Corporation on or before June 6,
1994.
ADDRESSES: Send comments to Marc C. Owen, Chief Counsel, Saint Lawrence
Seaway Development Corporation, 400 Seventh Street, S.W., Washington,
DC 20590.
FOR FURTHER INFORMATION CONTACT: Marc C. Owen, Chief Counsel, Saint
Lawrence Seaway Development Corporation, 400 Seventh Street, SW,
Washington, DC 20590, (202) 366-0091.
SUPPLEMENTARY INFORMATION: In and effort to improve the Seaway's
competitiveness, it is proposed to amend Sec. 402.8, the Schedule of
Tolls, to provide the charges for the 1994 season under the Tariff
Schedule be the same as for the 1993 season, except the toll for steel
slab. In an effort to increase steel slab shipments, the Corporation
and the Authority are proposing a separate, lower toll for this
commodity, which is now included under the general cargo rate. This
separate toll would be a 25 cents per metric ton reduction for each of
the two Seaway segments, a net reduction of 50 cents per metric ton for
vessels transiting both segments. As a conforming amendment, paragraph
(i) of Sec. 402.3, the definition of ``general cargo'' would be amended
to reflect that steel slab is no longer included in this category. The
Corporation and the Authority also are proposing, for competitive
purposes, that the Incentive Tolls Program be continued and be revised.
Section 402.9 would be amended to provide that a new business incentive
of a 50% discount would be granted to a carrier immediately upon
application before transit or upon arrival at its destination. In
addition, North American origins and destinations will be grouped into
five geographic regions to discourage cargo diversions. It is
additionally proposed to amend Sec. 402.11 to provide that volume
rebates of 50% would be available to both shippers and receivers of
cargoes with a satisfactory three year traffic history for the
commodity involved. When a particular shipper's or receiver's shipments
of a specific commodity exceed their highest single season tonnage
amount of that commodity of the previous three seasons by at least
25,000 metric tons, the rebate would be applied to all tons exceeding
that previous high. This change will target to rebates more directly to
shippers and receivers. The alternate use of bulkers program (section
402.13) would be continued, but amended to include steel slab as a
separate commodity. That section would also be amended to make
clarifying, editorial changes that have proved necessary from
experience, but the manner in which the provisions is interpreted and
administered would not change. Finally, a new section 402.15 would be
added to clarify that carriers, shippers, or receivers would be
eligible to receive only one of the incentives, i.e., new business,
discount, bulk trade discount, or volume rebate, for any one shipment.
Regulatory Evaluation
This proposed regulation involves a foreign affairs function of the
United States, and therefore, Executive Order 12866 does not apply.
This proposed regulation has also been evaluated under the Department
of Transportation's Regulatory Policies and Procedures and the proposed
regulation is not considered significant under those procedures and its
economic impact is expected to be so minimal that a full economic
evaluation is not warranted.
Regulatory Flexibility Act Determination
The Saint Lawrence Seaway Development Corporation certifies that
this proposed regulation, if adopted, would not have a significant
economic impact on a substantial number of small entities. The St.
Lawrence Seaway Tariff of Tolls relates to the activities of 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 seq.) because it is not a major federal action significantly
affecting the quality of human environment.
Federalism
The Corporation has analyzed this proposal under the principles and
criteria in Executive Order 12612 and has determined that this proposal
does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
List of Subjects in 33 CFR Part 402
Vessels, Waterways.
Accordingly, the Saint Lawrence Seaway Development Corporation
proposes to amend 33 CFR Part 402 as follows:
PART 402--TARIFF OF TOLLS
1. The authority citation for 33 CFR part 402 continues to read as
follows:
Authority: 68 Stat. 93, 33 U.S.C. 981-990.
2. Section 402.3 would be amended by revising paragraph (i) to read
as follows:
Sec. 402.3 Interpretation.
* * * * *
(i) General cargo means all goods not included in the definitions
under paragraphs (b), (g), (h), and (j) of this section, but excluding
steel slab;
* * * * *
3. Section 402.8 would be revised to read as follows:
Sec. 402.8 Schedule of Tolls.
------------------------------------------------------------------------
Tolls (Effective 1994)
-------------------------------
Lake Ontario
Montreal to or to or from
from Lake Lake Erie
Ontario (MLO) (Welland
Canal)
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(a) For transit of the Seaway, a
composite toll, comprising:
(1) A charge in dollars per gross
registered ton, according to
national registry of the vessel,
applicable whether the vessel is
wholly or partially laden, or is in
ballast. (All vessels shall have an
option to calculate gross
registered tonnage according to
prescribed rules for measurement in
either Canada or the United
States.)........................... 0.11 0.13
(2) A charge in dollars per metric
tons of cargo as certified on
ship's manifest or other document,
as follows:........................
Bulk Cargo...................... 1.10 0.55
Food Grains..................... 0.68 0.55
Feed Grains..................... 0.68 0.55
Coal............................ 0.65 0.55
General Cargo................... 2.66 0.88
Steel Slab...................... 2.41 0.63
Containerized Cargo............. 1.10 0.55
Government Aid.................. 0.00 0.00
(3) a charge in dollars per
passenger per lock................. 1.18 1.18
(4) a charge in dollars per lock for
complete or partial transit of the
Welland Canal in either direction
by cargo vessels, which may be
shared by cargo vessels in tandem:.
(i) loaded per: lock............ N/A 440.00
(ii) in ballast: per lock....... N/A 325.00
(b) For partial transit of the Seaway:
(1) between Montreal and Lake
Ontario, in either direction, 15
percent per lock, of the applicable
toll...............................
(2) between Lake Ontario and Lake
Erie, in either direction, (Welland
Canal), 13 percent per lock of the
applicable toll....................
(c) Minimum charge in dollars per vessel
per lock transited for full or partial
transit of the Seaway:
Pleasure craft\1\............... 10.00 10.00
Other vessels................... 15.00 15.00
------------------------------------------------------------------------
\1\Includes Federal Taxes where applicable.
4. Section 402.9 would be revised to read as follows:
Sec. 402.9 Incentive tolls.
(a) Notwithstanding anything contained in this Tariff, the portion
of the composite toll related to charges per metric ton of cargo
charged on new business shall be reduced by fifty percent for a Seaway
transit beginning and ending during the 1994 navigation year.
(b) The discount mentioned in paragraph (a) of this section shall
be granted for the remainder of the navigation season if:
(1) A vessel carries, for each transit, 1,000 metric tons or more
of new business or a minimum of 1,000 cubic meters of new business
project cargo; and
(2) A complete and accurate application for a new business discount
is submitted to the Authority or the Corporation, on the form provided
by the Authority or the Corporation, for evaluation and audit by the
Authority or the Corporation prior to the beginning of a Seaway
transit.
(c) For the purposes of this section, ``new business'' means cargo
that has not moved through a Seaway lock between an origin and a
destination as defined in this paragraph (c) during the navigation
seasons of 1991, 1992, and 1993 or cargo that has moved through a
Seaway lock in quantities representing less than five percent of the
average of Seaway traffic between an origin and a destination during
the navigation seasons of 1991, 1992, and 1993. For the purposes of
this paragraph (c), ``origin'' and ``destination'' mean the country in
which the cargo is loaded or unloaded, but if the cargo is unloaded in
North America, ``origin'' and ``destination'' mean the geographic
region in which the cargo is unloaded, those geographic regions being
as follows:
(1) The Gulf of St. Lawrence and St. Lambert Lock;
(2) St. Lambert Lock to Cape Vincent on the St. Lawrence River,
Lake Ontario and the Welland Canal;
(3) Lake Erie, Lake Huron, and connecting waters;
(4) Lake Michigan;
(5) Lake Superior and St. Mary's River; and
(6) Ports elsewhere in North America in regions not specifically
described in paragraphs (c) (1) through (5) of this section.
5. Section 402.11 would be revised to read as follows:
Sec. 402.11 Volume discount.
(a) A volume rebate shall be granted to a shipper of downbound
cargo or to a receiver of upbound cargo at the end of the 1994
navigation season after payment of the full toll specified in the
schedule under the tariff in section 402.8 if shipments of a particular
commodity during 1994 exceed by a minimum of 25,000 tons the shipper's
or receiver's highest tonnage for that particular commodity during
1991, 1992, or 1993 in the Seaway. Shippers will be qualified based
upon the particular commodity loaded at their port of origin and
receivers will be qualified based on the particular commodity unloaded
at their port of destination. Shippers and receivers located within the
Seaway will be qualified based on the total of their upbound and
downbound shipments or receipts of the particular commodity. Should a
shipper or receiver of the same commodity qualify for a volume rebate,
the rebate will be divided equally between the shipper and receiver.
(b) Volume rebates shall be granted only with respect to
commodities whose shipper and receiver have shipped or received the
subject commodity in the years 1991, 1992, and 1993 and have not been
subject of a merger or take-over during 1991, 1992, 1993, or 1994.
(c) The volume rebate shall be equal to a 50 percent reduction of
the portion of the composite toll related to charges per metric ton of
cargo paid for the shipments that surpass the shippers or receiver's
highest tonnage for that commodity during 1991, 1992, or 1993. Payment
of rebates will be made directly to the qualified shipper or receiver.
(d) The Seaway traffic history describing the shipper's or
receiver's tonnage shall be submitted by the shipper or receiver prior
to the end of 1994 and shall be subject to audit by the Authority.
(e) Cargoes having been the subject of a new business discount or
an alternate use of bulker discount described in section 402.13 of this
Part shall be excluded from the statistics used for calculation of
volume rebates.
6. Section 402.13 would be revised to read as follows:
Sec. 402.13 Vessels engaged primarily in the bulk trade.
Notwithstanding anything contained in this Tariff, the toll for
steel slab, general, or containerized cargo for any vessel documented
under the laws of the United States or registered in Canada in
accordance with the laws of Canada that has been engaged primarily in
the bulk trade within the St. Lawrence Seaway/Great Lakes system during
the three navigation seasons immediately preceding the applicable
season shall, upon written application to the Authority or the
Corporation prior to the beginning of a Seaway transit, be the toll
charged for food grains specified in the schedule under the Tariff in
Sec. 402.8 of this part.
7. A new Sec. 402.15 would be added to read as follows:
Sec. 402.15 Single season discounts or rebate for same shipment.
Notwithstanding anything in the Tariff, a carrier, shipper, or
receiver shall obtain during a single navigation season, with respect
to the same shipment, only one of the following three: A new business
discount, as described in Sec. 402.9; a bulk trade discount, as
described in Sec. 402.13; or a volume rebate, as described in
Sec. 402.11.
Issued at Washington, DC on April 25, 1994.
Saint Lawrence Seaway Development Corporation.
Marc C. Owen,
Chief Counsel.
[FR Doc. 94-10568 Filed 5-4-94; 8:45 am]
BILLING CODE 4910-61-M