[Federal Register Volume 60, Number 215 (Tuesday, November 7, 1995)]
[Rules and Regulations]
[Pages 56121-56122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27482]



=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 have established that the Tariff charges 
for the 1995 season under the Tariff Schedule are the same as for the 
1994 season. In addition, the Corporation and the Authority have 
continued, for competitive purposes, the Incentive Tolls Program and 
revised the volume rebate to broaden the base years and clarify the 
reporting requirements for the volume rebate.

EFFECTIVE DATE: November 7, 1995.

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 section 402.8, the Schedule of Tolls, charges are 
continued for the 1995 at the 1994 season levels. Accordingly, no 
change is required to the Schedule as it now appears. The Corporation 
and the Authority also are continuing and revising, for competitive 
purposes, the Incentive Tolls Program. In section 402.9, the discount 
for new business, subsection (a) is amended to reflect its 
applicability to the 1995 navigation season and subsection (c) is 
amended in part to change the base years for calculating the discount 
from 1991 through 1993 to 1992 through 1994. In section 402.11, volume 
rebates, subsection (a) are amended to reflect its applicability to the 
1995 navigation season and subsections (b) and (c) are amended to 
change the base years for calculating the rebate from three years, 1991 
through 1993, to four years, 1991 through 1994. The base years for the 
subsection (c) proviso on mergers or take-overs are also changed from 
1991 through 1994 to 1991 through 1995. Finally, subsection (d) is 
amended to change the submission date for the traffic history 
description for the purposes of calculating the rebate to the end of 
the 1995 season and to clarify what specific information is required, 
i.e., the shipper's or receiver's Seaway traffic history for 1991, 
1992, 1993, 1994, and 1995 by port, vessel name, transit date, 
commodity description, and tonnage.
    An exchange of diplomatic notes between Canada and the United 
States approving this amendment occurred on October 18, 1995.

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 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 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 Part 402--Tariff of Tolls (33 CFR Part 402) as follows:

PART 402--[AMENDED]

    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 402.9 is amended by revising paragraph (a) and the first 
sentence of paragraph (c) introductory text 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 1995 navigation year.
* * * * *
    (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 1992, 1993, and 1994 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 1992, 1993, and 1994. * * *
* * * * *
    3. Section 402.11 is amended by revising the first sentence of 
paragraph (a) and paragraphs (b), (c), and (d) 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 1995 
navigation season after 

[[Page 56122]]
payment of the full toll specified in the schedule under the tariff in 
Sec. 402.8 of this part if shipments of a particular commodity during 
1995 exceed by a minimum of 25,000 tons the shipper's or receiver's 
highest tonnage for that particular commodity during 1991, 1992, 1993, 
or 1994 in the Seaway. * * *
    (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, 1993, and 1994 and have not 
been subject of a merger or take-over during 1991, 1992, 1993, 1994, or 
1995.
    (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, 1993, or 1994. 
Payment of rebates will be made directly to the qualified receiver or 
shipper.
    (d) A description of the shipper's or receiver's Seaway traffic 
history for 1991, 1992, 1993, 1994, and 1995 by port, vessel name, 
transit date, commodity description, and tonnage shall be submitted by 
the shipper or receiver prior to the end of 1995 and shall be subject 
to audit by the Authority.
* * * * *
    Issued at Washington, D.C. on October 27, 1995.

Saint Lawrence Seaway Development Corporation.
David G. Sanders,
Acting Administrator.
[FR Doc. 95-27482 Filed 11-6-95; 8:45 am]
BILLING CODE 4910-61-P