[Federal Register Volume 59, Number 169 (Thursday, September 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21567]


[[Page Unknown]]

[Federal Register: September 1, 1994]


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DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development Corporation

33 CFR Part 402

 

Tariff of Tolls

AGENCY: Saint Lawrence Seaway Development Corporation, DOT.

ACTION: Final rule.

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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 amending the Tariff 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 
promulgating a separate, lower toll for this commodity, which has been 
included under the general cargo rate. In addition, the Corporation and 
the Authority are, for competitive purposes, continuing and revising 
the Incentive Tolls Program by increasing the amounts of the discounts 
and rebates and their applicability.

EFFECTIVE DATE: September 1, 1994.

FOR FURTHER INFORMATION CONTACT:
Marc C. Owen, Chief Counsel, Saint Lawrence Seaway Development 
Corporation, 400 Seventh Street, S.W., Washington, D.C. 20590, (202) 
366-0091.

SUPPLEMENTARY INFORMATION: In an effort to improve the Seaway's 
competitiveness, the Corporation and the Authority are amending 
Sec. 402.8, the Schedule of Tolls, to provide that the charges for the 
1994 season under the Tariff Schedule are 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 promulgating a 
separate, lower toll for this commodity, which had been included under 
the general cargo rate. This separate toll is a 25 cents per metric ton 
reduction for each metric ton for vessels transiting both segments. As 
a conforming amendment, paragraph (i) of Sec. 402.3, the definition of 
``general cargo'' is amended to reflect that steel slab is no longer 
included in this category. The Corporation and the Authority also are, 
for competitive purposes, continuing and revising the Incentive Tolls 
Program. Section 402.9 is amended to provide that a new business 
incentive of a 50% discount be granted to a carrier immediately upon 
application before transit or upon arrival at its destination. In 
addition, North American origins and destinations are grouped into five 
geographic regions to discourage cargo diversions. Additionally, 
Sec. 402.11 is amended to provide that volume rebates of 50% are 
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 
is applied to all tons exceeding that previous high. This change 
targets the rebates more directly to shippers and receivers. The 
alternate use of bulkers program (Sec. 402.13) is continued, but 
amended to include steel slab as a separate commodity. That section is 
also amended to make clarifying, editorial changes that have proved 
necessary from experience, but the manner in which the provision is 
interpreted and administered does not change. Finally, a new 
Sec. 402.15 is added to clarify that carriers, shippers, or receivers 
are eligible to receive only one of the incentives, i.e., new business, 
discount, bulk trade discount, or volume rebate, for any one shipment.
    An exchange of diplomatic notes between Canada and the United 
States approving this amendment occurred on July 12, 1994.

Regulatory Evaluation

    This final rule involves a foreign affairs function of the United 
States, and therefore, Executive Order 12866 does not apply. This final 
rule has also been evaluated under the Department of Transportation's 
Regulatory Policies and Procedures and 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 final rule will not have a significant economic impact in 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 final rule 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 final rule under the principles 
and criteria in Executive Order 12612 and has determined that it 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 
amends 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 is 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 is revised to read as follows:


Sec. 402.8  Schedule of Tolls.

------------------------------------------------------------------------
                                                          Tolls         
                                               -------------------------
                                                                 Lake   
                                                Montreal to   Ontario to
                                                  or from      or from  
                                                    Lake      Lake Erie 
                                                  Ontario      (Welland 
                                                   (MLO)        Canal)  
                                                 effective    effective 
                                                    1994         1994   
------------------------------------------------------------------------
(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 is 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 subparagraphs (c) (1) through (5) of this section.
    5. Section 402.11 is 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 of this Part 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 Sec. 402.13 of this 
Part shall be excluded from the statistics used for calculation of 
volume rebates.
    6. Section 402.13 is revised to read as follows:


Sec. 402.13  Vessels engaged primarily in the bulk trade.

    Notwithstanding any thing 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 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 is 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 August 22, 1994.

Saint Lawrence Seaway Development Corporation.
Stanford E. Parris,
Administrator.
[FR Doc. 94-21567 Filed 8-31-94; 8:45 am]
BILLING CODE 4910-61-M