[Federal Register Volume 66, Number 52 (Friday, March 16, 2001)]
[Rules and Regulations]
[Pages 15328-15332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6546]



[[Page 15327]]

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Part II





Department of Transportation





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Saint Lawrence Seaway Development Corporation



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33 CFR Parts 401 and 402



Seaway Regulations and Rules, and Tariff of Tolls; Final Rule

  Federal Register / Vol. 66, No. 52 / Friday, March 16, 2001 / Rules 
and Regulations  

[[Page 15328]]


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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 and Tariffs of Tolls

AGENCY: Saint Lawrence Seaway Development Corporation, DOT.

ACTION: Final rule.

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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 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 is revising its regulations to reflect the fees and 
charges charged by the SLSMC in Canada starting in the 2001 navigation 
season and related editorial, format, and substantive changes, the 
latter of which are effective only in Canada. The SLSDC also is 
increasing the toll for pleasure vessels 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 is 
revising its ``Preclearance of vessels'' regulation to clarify that 
certain non-commercial vessels are considered pleasure vessels for the 
purposes of tolls and making a conforming revision to 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 U.S. lock, instead of at par. Also through 
agreement with the SLSMC, the SLSDC is clarifying the definition for 
``flashpoint''. Only these four amendments concerning the SLSDC toll 
for pleasure vessels and the definition of ``flashpoint'' are of 
applicability in the United States.
    The 2001 Seaway navigation season is scheduled to open on March 23. 
The Tariff of Tolls will be in effect in Canada on that date. For 
consistency, because these are, under international agreement, joint 
regulations, and to avoid confusion among users of the Seaway, the 
SLSDC finds that there is good cause to make this U.S. version of the 
amendments effective on that date, March 23, 2001.

DATES: This rule is effective on March 23, 2001.

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 Tariff of Tolls in their 
respective jurisdictions. (The Tariff is called the Schedule of Fees 
and Charges in Canada.) A Notice of Proposed Rulemaking was published 
on February 9, 2001 (66 FR 9752). Interested parties have been afforded 
an opportunity to participate in the making of the amendments 
applicable in the United States. No comments were received. The 
amendments are described in the following summary.
    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 is revising part 402 to reflect the fees and 
charges charged by the SLSMC in Canada starting in the 2001 navigation 
season, a change in the toll for pleasure vessels for both the Canadian 
and U.S. locks, 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.) This final rule also 
includes the text of Sec. 402.10, ``Operational Surcharges after 
postponements'', which was inadvertently omitted from the Notice of 
Proposed Rulemaking. This section is applicable only in Canada. With 
the exception of the change for pleasure vessel tolls, the substantive 
changes affect the tolls for commercial vessels and are 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 is also increasing the toll for pleasure vessels 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 is revising Sec. 401.22, ``Preclearance of vessels'', 
clarifying that certain non-commercial vessels are considered pleasure 
vessels for the purposes of tolls and making 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 pre-established equivalent in Canadian funds'' at each U.S. lock, 
instead of at par. Also through agreement with the SLSMC, the SLSDC is 
revising Sec. 401.2 to clarify the definition for ``flashpoint''. Since 
only the four amendments concerning the SLSDC toll for pleasure vessels 
at U.S. locks are applicable in the United States, comments were 
invited on only these. Specifically, Sec. 402.8, ``Schedule of tolls'', 
is revised 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 at the SLSDC's two locks will 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 increase for 
an estimated 2,500 pleasure vessel transits will 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. Section 
401.22, ``Preclearance of vessels'', is also revised by adding a new 
paragraph (c) clarifying that non-commercial vessels with a tonnage 
displacement of less than 317.5 tons are not eligible to apply for 
preclearance status, but are 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 and SLSMC are making 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 is revised to say that these tolls are payable at each 
U.S. lock ``in U.S. funds or the pre-established equivalent in Canadian 
funds'' and references Sec. 402.8, ``The Schedule of tolls'', where the 
precise amounts are stated. This simplifies the SLSDC's ability to 
amend the tariff amounts each season, if necessary, to reflect changes 
in the exchange rate. Finally, Sec. 401.75

[[Page 15329]]

also is revised to state separately that, for Canadian locks, the tolls 
remain payable in Canadian or U.S. funds at par.
    Also through agreement with the SLSMC, the SLSDC is revising 
Sec. 401.2 to clarify the definition for ``flashpoint'', stating that 
it 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.

Regulatory Evaluation

    This regulation involves a foreign affairs function of the United 
States and therefore Executive Order 12866 does not apply. This 
regulation has also been evaluated under the Department of 
Transportation's Regulatory Policies and Procedures and the 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 regulation will 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 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 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

33 CFR Part 401

    Hazardous materials transportation, Navigation (water), Penalties, 
Radio, Reporting and recordkeeping requirements, Vessels, Waterways.

33 CFR Part 402

    Vessels, Waterways.


    Accordingly, the Saint Lawrence Seaway Development Corporation 
amends 33 CFR chapter IV as follows:

PART 401--SEAWAY REGULATIONS AND RULES

Subpart A--[Amended]

    1. The authority citation for subpart A of 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 is 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 is 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.

    4. Section 401.75 is amended by revising paragraph (b) to read as 
follows:


Sec. 401.75  Payment of tolls.

* * * * *
    (b) Tolls, established by agreement between Canada and the United 
States and known as the St. Lawrence Seaway Tariff of Tolls, shall be 
paid by pleasure craft in Canadian or U.S. funds for the transit of 
each Canadian Seaway lock. At U.S. locks, the toll is paid in U.S. 
funds or the pre-established equivalent in Canadian funds(see 
Sec. 402.8 of this chapter).

    5. Part 402--Tariff of Tolls is 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.

[[Page 15330]]

    (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 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      Canal--Lake
      Item         Description of      or from Lake      Ontario to or
                      charges       Ontario (5 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     n/a..............  n/a.
                  aid cargo.
                 (f) grain........  0.5520...........  0.5953.
                 (g) coal.........  0.5304...........  0.5953.
                 (3) a charge per   1.2773...........  1.2773.
                  passenger per
                  lock.

[[Page 15331]]

 
                 (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.
2..............  Subject to item    20 per cent per    13 per cent per
                  3, for partial     lock of the        lock of the
                  transit of the     applicable         applicable
                  Seaway.            charge under       charge under
                                     items 1(1) and     items 1(1) and
                                     (2) plus the       (2) plus the
                                     applicable         applicable
                                     charge under       charge under
                                     items 1(3) and     items 1(3) and
                                     (4).               (4).
3..............  Minimum charge     15.92............  15.92.
                  per ship per
                  lock transited
                  for full or
                  partial transit
                  of the Seaway.
4..............  A rebate           Rebate of 1.5%...  Rebate of 1.5%.
                  applicable 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.

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

Sec. 402.10  Operational surcharge after postponements.

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



[[Page 15332]]

    Issued at Washington, D.C. on March 13, 2001.
    Saint Lawrence Seaway Development Corporation.
Albert S. Jacquez,
Administrator.
[FR Doc. 01-6546 Filed 3-15-01; 8:45 am]
BILLING CODE 4910-61-P