[Federal Register Volume 66, Number 28 (Friday, February 9, 2001)]
[Proposed Rules]
[Pages 9752-9756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3490]



[[Page 9751]]

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

Part II





 Department of Transportation





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



Saint Lawrence Seaway Development Corporation



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



33 CFR Parts 401 and 402



Seaway Regulations and Rules; Tariff of Tolls; Proposed Rule

  Federal Register / Vol. 66, No. 28 / Friday, February 9, 2001 / 
Proposed Rules  

[[Page 9752]]


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

DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Parts 401 and 402

[Docket No. SLSDC 2001-8785]
RIN 2135-AA12


Seaway Regulations and Rules; Tariff of Tolls

AGENCY: Saint Lawrence Seaway Development Corporation, DOT.

ACTION: Notice of proposed rulemaking.

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

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 Tariff of Tolls in their respective jurisdictions. 
The Tariff sets forth the level of tolls assessed on all commodities 
and vessels transiting the facilities operated by the SLSDC and the 
SLSMC. The SLSDC will be revising its regulations to reflect the fees 
and charges that will be charged by the SLSMC in Canada starting in the 
2001 navigation season and related editorial, format, and substantive 
changes, the latter of which will be effective only in Canada. The 
SLSDC also proposes an amendment to increase the toll for pleasure 
vessels to be charged by the SLSDC for transit through the U.S. locks, 
which the SLSMC is also doing for Canadian locks. Through agreement 
with the SLSMC, the SLSDC also proposes an amendment to its 
``Preclearance of vessels'', regulation clarifying that certain non-
commercial vessels would be considered pleasure vessels for the 
purposes of tolls and a conforming amendment its ``Payment of tolls'' 
provision of the joint Seaway Regulations and Rules requiring that 
pleasure vessel tolls be paid ``in U.S. funds or the equivalent in 
Canadian funds'' at each lock, instead of at par. Also through 
agreement with the SLSMC, the SLSDC proposes an amendment to clarify 
the definition for ``flashpoint''. Since only these four proposed 
amendments concerning the SLSDC toll for pleasure vessels and the 
definition of ``flashpoint'' would be of applicability in the United 
States, comments are invited on only these. (See Supplementary 
Information.)

DATES: Any party wishing to present views on the proposed amendments 
may file comments with the Corporation on or before March 12, 2001.

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, S.W., 
Washington, D.C. 20590-0001. Written comments may also be submitted 
electronically by using the submission form 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, S.W., 
Washington, D.C. 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 Tariff of Tolls in their 
respective jurisdictions. (The Tariff is called the Schedule of Fees 
and Charges in Canada.) The Tariff sets forth the level of tolls 
assessed on all commodities and vessels transiting the facilities 
operated by the SLSDC and the SLSMC. The SLSDC will be amending part 
402 to reflect the fees and charges that will be charged by the SLSMC 
in Canada starting in the 2001 navigation season and related editorial, 
format, and substantive changes. (Because of the number of edits and 
format changes, the entire text of part 402 is set out as an amendment 
below.) With the exception of the proposed change for pleasure vessel 
tolls, the substantive changes affect the tolls for commercial vessels 
and will be applicable only in Canada as the collection of the U.S. 
portion of tolls for commercial vessels is waived by law (33 U.S.C. 
988a(a)). The SLSDC also proposes an amendment to increase the toll for 
pleasure vessels to be charged by the SLSDC for transit through the 
U.S. locks, which the SLSMC is also doing for Canadian locks. Through 
agreement with the SLSMC, the SLSDC also proposes an amendment to 
Sec. 401.22, ``Preclearance of vessels'', clarifying that certain non-
commercial vessels would be considered pleasure vessels for the 
purposes of tolls and a conforming amendment to Sec. 401.75, ``Payment 
of tolls'', of the joint Seaway Regulations and Rules requiring that 
pleasure vessel tolls be paid ``in U.S. funds or the equivalent in 
Canadian funds'' at each lock, instead of at par. Also through 
agreement with the SLSMC, the SLSDC proposes an amendment to Sec. 401.2 
to clarify the definition for ``flashpoint''. Since only these four 
proposed amendments concerning the SLSDC toll for pleasure vessels 
would be of applicability in the United States, comments are invited on 
only these. The specific change proposed is to amend Sec. 402.8, 
``Schedule of Tolls'', to increase the toll for pleasure vessels for 
transit through a U.S. lock from $10 to $20 in U.S. funds or $30 in 
Canadian funds, the current equivalent, instead of at par. Since 
approximately 97% of pleasure craft tolls are collected in Canadian 
funds, the SLSDC has been losing a substantial amount of revenue due to 
the high exchange rate. The SLSDC believes that discounting the 
Canadian funds at the locks on an ad hoc basis would not be 
practicable. Increasing the tolls as proposed at the SLSDC's two locks 
would offset the loss of revenue due to the exchange and be beneficial 
to SLSDC future funding requirements. Moreover, lock operations costs 
for pleasure vessel transits for 1999 has been estimated as $160,000, 
resulting in an approximate subsidy of $127,000 for these transits. The 
last toll increase for these vessels was in 1991 when the rate was 
raised from $5 to $10. The proposed increase for an estimated 2,500 
pleasure vessel transits would result in a toll revenue increase of 
approximately $97,000 in U.S. funds, lowering the effective subsidy of 
these transits to approximately $63,000. The SLSDC also proposes an 
amendment to Sec. 401.22, ``Preclearance of vessels'', by adding a new 
paragraph (c) clarifying that non-commercial vessels with a tonnage 
displacement of less than 317.5 tons would not be eligible to apply for 
preclearance status, but would be considered pleasure craft. The reason 
for this amendment is that associated costs for these vessels incurred 
by the SLSMC under their preclearance process is disproportionately 
larger than the amount of tolls these vessels would pay if precleared. 
Finally, the SLSDC proposes a conforming amendment to paragraph (b) of 
Sec. 401.75, ``Payment of tolls'', of the joint Seaway Regulations and 
Rules, which concerns payment of pleasure vessel tolls. The provision 
that tolls for pleasure craft are payable ``in Canadian or American 
funds'' would be changed to say that these tolls would be payable at 
each lock ``in U.S. funds or the equivalent in Canadian funds''. Also 
through agreement with the SLSMC, the SLSDC proposes an amendment to 
Sec. 401.2 to clarify the definition for ``flashpoint'', stating that 
it means the

[[Page 9753]]

``lowest temperature of a flammable liquid at which its vapor forms an 
ignitable mixture with air'' as determined by the closed-cup method.

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 primarily relates 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 seq.) because it is not a major federal action significantly 
affecting the quality of human environment.

Federalism

    The Corporation has analyzed this rule under the principles and 
criteria in Executive Order 13132, Dated August 4, 1999, and has 
determined that it will not have a substantial, direct effect on the 
States or on the distribution of power and responsibilities among 
various levels of government. The rule will not limit the policymaking 
discretion of the States. Nothing in it would directly preempt any 
State law or regulation. Because the rule will have no significant 
effect on State or local governments, no consultations with those 
governments on this rule were necessary.

Paperwork Reduction Act

    This proposal 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

33 CFR Part 401

    Hazardous materials transportation, Navigation (water), Radio 
reporting and record keeping requirements, Vessels, Waterways.

33 CFR Part 402

    Vessels, Waterways.
    Accordingly, the Saint Lawrence Seaway Development Corporation 
proposes to amend part 401--Seaway Regulations and Rules and part 402--
Tariff of Tolls (33 CFR part 402) as follows:

PART 401--[AMENDED]

    1. The authority citation for part 401 continues 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. Section 401.2 would be amended by revising paragraph (b) to read 
as follows:


Sec. 401.2  Interpretation.

* * * * *
    (b) Flashpoint means the lowest temperature of a flammable liquid 
at which its vapor forms an ignitable mixture with air as determined by 
the closed-cup method.
* * * * *
    3. Section 401.22 would be amended by adding a new paragraph (c) to 
read as follows:


Sec. 401.22  Preclearance of vessels.

* * * * *
    (c) A non-commercial vessel with a tonnage displacement of less 
than 317.5 tons cannot apply for preclearance status and must transit 
as a pleasure craft.
* * * * *


Sec. 401.75  [Amended]

    4. Section 401.75 would be amended by removing the words ``Canadian 
or American funds'' in paragraph (b) and adding in their place the 
words ``U.S. funds or the equivalent in Canadian funds''.
    5. Part 402--Tariff of Tolls would be revised to read as follows:

PART 402--TARIFF OF TOLLS

Sec.
402.1  Purpose.
402.2  Title.
402.3  Interpretation.
402.4  Tolls.
402.5  Description and weight of cargo.
402.6  Post-clearance date operational surcharges.
402.7  Coming into force.
402.8  Schedule of tolls.
402.9  Operational surcharges--no postponements.
402.10  Operational surcharges after postponements.

    Authority: 33 U.S.C. 983(a), 984(a)(4), and 988, as amended; 49 
CFR 1.52.


Sec. 402.1  Purpose.

    This regulation prescribes the charges to be assessed for the full 
or partial transit of the St. Lawrence Seaway between Montreal, Quebec, 
and Lake Erie.


Sec. 402.2  Title.

    This tariff may be cited as the St. Lawrence Seaway Tariff of Tolls 
(Schedule of Tolls in Canada).


Sec. 402.3  Interpretation.

    In this tariff,
    (a) Bulk cargo means cargo consisting of goods, loose or in mass, 
that generally must be shoveled, pumped, blown, scooped or forked in 
the handling and includes:
    (1) Cement, loose or in sacks;
    (2) Coke and petroleum coke, loose or in sacks;
    (3) Domestic cargo;
    (4) Liquids carried in vessels' tanks;
    (5) Ores and minerals (crude, screened, sized or concentrated, but 
not otherwise processed) loose or in sacks, including alumina, bauxite, 
coal, gravel, phosphate rock, sand, stone and sulphur;
    (6) Pig iron and scrap metals;
    (7) Lumber, pulpwood, poles and logs, loose or bundled;
    (8) Raw sugar, flour, loose or in sacks;
    (9) Wood pulp, loose or in bales; and
    (10) Material for recycling, scrap material, refuse and waste.
    (b) Cargo means all goods aboard a vessel whether carried as 
revenue or non-revenue freight or carried for the vessel owner, but 
does not include:
    (1) empty containers and the tare weight of loaded containers;
    (2) ships' fuel, ballast or stores;
    (3) the personal effects of crew or passengers; or
    (4) in transit cargo that is carried both upbound and downbound in 
the course of the same voyage.
    (c) Containerized cargo means cargo shipped in a container that is 
enclosed, permanent, reusable, nondisposable, weather tight.
    (d) Corporation means the Saint Lawrence Seaway Development 
Corporation;
    (e) Domestic cargo means cargo the shipment of which originates at 
one Canadian point and terminates at another Canadian point, or 
originates at one United States point and terminates at another United 
States point, but does

[[Page 9754]]

not include import or export cargo designated at the point of origin 
for transshipment by water at a point in Canada or in the United 
States;
    (f) General cargo means other than bulk cargo, grain, government 
aid cargo, steel slabs and coal;
    (g) Government aid cargo means:
    (1) Processed food products that are donated by, or the purchase of 
which has been financed on concessional terms by, the federal 
government of the United States or Canada for the purposes of 
nutrition, economic development, emergency, or disaster relief 
programs; and
    (2) Food cargo that is:
    (i) Owned or financed by a non-profit organization or cooperative;
    (ii) Intended for use in humanitarian or development assistance 
overseas; and
    (iii) Stamped or otherwise shown to have been declared as such to 
that is certified by the customs service of the United States or 
Canada.
    (h) Grain means barley, corn, oats, flaxseed, rapeseed, soybeans, 
field crop seeds, buckwheat, dried beans, dried peas, rye, wheat, grain 
screenings or meal from those grains;
    (i) Manager means the St.Lawrence Seaway Management Corporation;
    (j) Metric ton means 1,000 kilograms (2204.62 pounds);
    (k) Passenger means any person being transported through the Seaway 
who has paid a fare for passage;
    (l) Pleasure craft means a vessel, however propelled, that is used 
exclusively for pleasure and does not carry passengers;
    (m) Seaway includes all facilities and services authorized under 
Public Law 358, 83rd Congress, May 13, 1954, enacted by the Congress of 
the United States, as amended, (33 U.S.C. 981, et seq.) and the meaning 
ascribed to it under the Canada Marine Act;
    (n) Vessel (ship in Canada) means every type of craft used as a 
means of transportation on water, except a vessel owned or employed by 
the or the Corporation.


Sec. 402.4  Tolls.

    (a) Every vessel entering, passing through or leaving the Seaway 
shall pay a toll that is the sum of each applicable charge in 
Sec. 402.8. Each charge is calculated based upon the description set 
out in column 1 of Sec. 402.8 and the rate set out in column 2 or 3.
    (b) The toll is assessed against the vessel, its cargo and its 
passengers for a complete or partial transit of the Seaway and covers a 
single trip in one direction.
    (c) The toll is due from the representative of the vessel within 45 
days after the day on which the vessel enters the first lock of a 
transit of the Seaway.


Sec. 402.5  Description and weight of cargo.

    For the purposes of calculating applicable tolls:
    (a) A cord of pulpwood is taken to weigh 1,450 kilograms (3,196.70 
pounds); and
    (b) The cargo tonnage used rounded to the nearest 1,000 kilograms 
(2,204.62 pounds).


Sec. 402.6  Post-clearance date operational surcharges.

    (a) Subject to paragraph (b) of this section, a vessel that reports 
for its final transit of the Seaway from a place set out in column 1 of 
Sec. 402.9 within a period after the clearance date established by the 
Manager and the Corporation set out in column 2 of Sec. 402.9 shall pay 
operational surcharges in the amount set out in column 3 of Sec. 402.9, 
prorated on a per-lock basis.
    (b) If surcharges are postponed for operational or climatic 
reasons, a vessel that reports for its final transit of the Seaway from 
a place set out in column 1 of Sec. 402.10 within a period after the 
clearance date established by the Manager and the Corporation set out 
in column 2 of Sec. 402.10 shall pay operational surcharges in the 
amount set out in column 3 of Sec. 402.10, prorated on a per-lock 
basis.
    (c) A vessel that is authorized to transit the Seaway after the 
period of 96 hours after the clearance date established by the Manager 
and the Corporation shall pay, in addition to the operational 
surcharge, an amount equal to the incremental expenses incurred by the 
Manager to keep the Seaway open for the transit of the vessel.


Sec. 402.7  Coming into force.

    In Canada, this Tariff and the tolls set forth herein come into 
force from the date on which this Tariff is filed with the Canadian 
Transportation Agency.


Sec. 402.8  Schedule of Tolls.

------------------------------------------------------------------------
                                                         Column 3.  Rate
                                    Column 2.  Rate ($)    ($) Welland
                   Column 1.        Montreal to or from    Canal--Lake
    Item        Description of        Lake Ontario (5     Ontario to or
                    charges               locks)          from Lake Erie
                                                            (8 locks)
------------------------------------------------------------------------
1..........  Subject to item 3,
              for complete
              transit of the
              Seaway, a composite
              toll, comprising:
             (1) A charge per      0.0866..............  0.1408.
              gross registered
              ton of the ship,
              applicable whether
              the ship is wholly
              or partially laden,
              or is in ballast,
              and the gross
              registered tonnage
              being calculated
              according to
              prescribed rules
              for measurement in
              the United States
              or under the
              International
              Convention on
              Tonnage Measurement
              of Ships, 1969, as
              amended from time
              to time.
             (2) A charge per
              metric ton of cargo
              as certified on the
              ship's manifest or
              other document, as
              follows:
             (a) Bulk cargo......  0.8984..............  0.5953.
             (b) General cargo...  2.1648..............  0.9526.
             (c) Steel slab......  1.9592..............  0.6820.
             (d) Containerized     0.8984..............  0.5953.
              cargo.
             (e) Government aid    n/a.................  n/a.
              cargo.
             (f ) Grain..........  0.5520..............  0.5953.
             (g) Coal............  0.5304..............  0.5953.
             (3) A charge per      1.2773..............  1.2773
              passenger per lock.
             (4) A charge per
              lock for transit of
              the Welland Canal
              in either direction
              by cargo ships:
             (a) Loaded..........  n/a.................  475.42.
             (b) In ballast......  n/a.................  351.26.

[[Page 9755]]

 
2..........  Subject to item 3,    20 per cent per lock  13 percent per
              for partial transit   of the applicable     lock of the
              of the Seaway.        charge under items    applicable
                                    1(1) and (2) plus     charge under
                                    the applicable        items 1(1) and
                                    charge under items    (2) plus the
                                    1(3) and (4).         applicable
                                                          charge under
                                                          items 1(3) and
                                                          (4).
3..........  Minimum charge per    15.92...............  15.92.
              ship per lock
              transited for full
              or partial transit
              of the Seaway.
4..........  A rebate applicable   Rebate of 1.5%......  Rebate of 1.5%.
              for the 2001
              navigation season
              to the rates of
              item 1 to 3.
5..........  A charge per          20.00...............  20.00.
              pleasure craft per
              lock transited for
              full or partial
              transit of the
              Seaway, including
              applicable federal
              taxes \1\.
------------------------------------------------------------------------
\1\ The applicable charge at the Saint Lawrence Seaway Development
  Corporation's locks (Eisenhower, Snell) is $20 U.S. or $30 Canadian
  per lock. The other amounts shown are in Canadian dollars and are for
  the Canadian share of tolls. The collection of the U.S. portion of
  tolls for commercial vessels is waived by law (33 U.S.C. 988a(a)).

Sec. 402.9  Operational surcharges--no postponements.

------------------------------------------------------------------------
                                                              Column 3.
                Column 1.  Place in     Column 2.  Period     Amount ($)
    Item       Montreal-Lake Ontario   after clearance date   (5 locks)
                      section                                    \1\
------------------------------------------------------------------------
(a).........  Cape Vincent            (a) 24 hours.........       20,000
               (downbound) or Cap
               Saint-Michel
               (upbound).
                                      (b) 24 hours or more        40,000
                                       but less than 48
                                       hours.
                                      (c) 48 hours or more        60,000
                                       but less than 72
                                       hours.
                                      (d) 72 hours or more        80,000
                                       but less than 96
                                       hours.
(b).........  Port, dock or wharf     (a) 24 hours                   n/a
               within St. Lambert-
               Iroquois lock segment.
                                      (b) 24 hours or more        20,000
                                       but less than 48
                                       hours.
                                      (c) 48 hours or more        40,000
                                       but less than 72
                                       hours.
                                      (d) 72 hours or more       60,000
                                       but less than 96
                                       hours.
------------------------------------------------------------------------
\1\ Prorated on a per-lock basis.


[[Page 9756]]

Sec. 402.10  Operational Surcharges after postponements.

------------------------------------------------------------------------
                                                              Column 3.
                Column 1.  Place in     Column 2.  Period     Amount ($)
    Item       Montreal-Lake Ontario   after clearance date   (5 locks)
                      section                                    \1\
------------------------------------------------------------------------
(a).........  Cape Vincent
               (downbound) or Cap
               Saint-Michel
               (upbound):.
              (1) If the              (a) 24 hours or more        20,000
               postponement is for     but less than 36
               24 hours.               hours.
                                       (b) 36 hours or more       40,000
                                       but less than 48
                                       hours.
                                      (c) 48 hours or more        60,000
                                       but less than 72
                                       hours.
                                      (d) 72 hours or more        80,000
                                       but less than 96
                                       hours.
              (2) If the              (a) 48 hours or more        20,000
               postponement is for     but less than 56
               48 hours.               hours.
                                      (b) 56 hours or more        40,000
                                       but less than 64
                                       hours.
                                      (c) 64 hours or more        60,000
                                       but less than 72
                                       hours.
                                      (d) 72 hours or more        80,000
                                       but less than 96
                                       hours.
              (3) If the              (a) 72 hours or more        20,000
               postponement is for     but less than 78
               72 hours.               hours.
                                      (b) 78 hours or more        40,000
                                       but less than 84
                                       hours.
                                      (c) 84 hours or more        60,000
                                       but less than 90
                                       hours.
                                      (d) 90 hours or more        80,000
                                       but less than 96
                                       hours.
(b).........  Port, dock or wharf
               within St. Lambert--
               Iroquois lock
               segment:
              (1) If the              (a) 24 hours or more           n/a
               postponement is for     but less than 48
               24 hours                hours.
                                      (b) 48 hours or more        20,000
                                       but less than 60
                                       hours.
                                      (c) 60 hours or more        40,000
                                       but less than 72
                                       hours.
                                      (d) 72 hours or more        60,000
                                       but less than 96
                                       hours.
              (2) If the              (a) 48 hours or more           n/a
               postponement is for     but less than 72
               48 hours.               hours.
                                      (b) 72 hours or more        20,000
                                       but less than 80
                                       hours.
                                      (c) 80 hours or more        40,000
                                       but less than 88
                                       hours.
                                      (d) 88 hours or more        60,000
                                       but less than 96
                                       hours.
              (3) If the              (a) 72 hours or more          n/a
               postponement is for     but less than 96
               72 hours or more.       hours.
------------------------------------------------------------------------
1 Prorated on a per-lock basis.


    Issued at Washington, DC, on February 5, 2001.

    Saint Lawrence Seaway Development Corporation.
Marc C. Owen,
Chief Counsel.
[FR Doc. 01-3490 Filed 2-8-01; 8:45 am]
BILLING CODE 4910-61-P