[Federal Register Volume 67, Number 203 (Monday, October 21, 2002)]
[Notices]
[Pages 64636-64637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26644]



[[Page 64636]]

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DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers


Lake Charles Harbor and Terminal District Resolution 2002-089A 
Proposed Channel Users' Fee for Calcasieu River Waterway, Louisiana 
Project

AGENCY: U.S. Army Corps of Engineers, DOD.

ACTION: Notice.

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SUMMARY: The Board of Commissioners of the Lake Charles Harbor and 
Terminal District (District) in regular session on May 13, 2002, 
adopted Resolution No. 2002-089A approving a proposed channel users' 
fee, cited herein, and authorizing the District staff to proceed with 
all required procedures to implement a users' fee to fund the local 
(non-Federal) share of the Federal Calcasieu River, Louisiana project. 
This is in accordance with, and as authorized by the Water Resources 
Development Act (WRDA) of 1986 (Pub. L. 99-662) and Louisiana Revised 
Statute (La. RS) 34:203(2)(a). Publication in the Federal Register is 
pursuant to Section 208 of the WRDA 1986 (33 U.S.C. 2236(a)(5)(B)).

FOR FURTHER INFORMATION CONTACT: Questions regarding the proposed 
users' fee may be directed to James L. Robinson, Director of 
Navigation, Lake Charles Harbor and Terminal District (337) 493-3620. 
Interested persons may review related studies and reports during normal 
work hours (8 a.m. to 12 Noon and 1 p.m. until 5 p.m., Monday through 
Friday except for appropriate holidays) at the offices of the Port of 
Lake Charles, 150 Marine Street, Lake Charles, LA 70601.

SUPPLEMENTARY INFORMATION: Having complied with State of Louisiana 
notice-publishing requirements of La. RS 34:203(2)(b), the proposed 
users' fee was developed as a method to ensure that the District could 
look to specified channel users to help finance its non-Federal 
expenditures, shares of operation and maintenance costs of the 
Calcasieu River Federal navigation project within the District's 
jurisdiction, emergency response services, contingency planning and 
procurement of equipment and facilities, as may be specifically 
authorized or controlled by the federal and state statutes. 
Administration, collection and enforcement will be by the District 
(Port of Lake Charles) through liaison with shipping agents and U. S. 
Customs officials. La. RS 34:203A(2)(a) authorizes that pursuant to 
Public Law 99-662, the Water Resources Development Act of 1986, or 
regulation, or if because of contractual obligations of the District 
with the United States of America or any agency thereof the District is 
required to fund the non-Federal share of dredging expenses or expenses 
related to the dredging of the authorized Federal navigation channel 
within the District, the District may regulate and impose reasonable 
users' fee. The users' fee shall reflect, to a reasonable degree and to 
the extent required by federal law, the benefits provided by the 
project to a particular class or type of vessel pursuant to Public Law 
99-662.
    The District, in compliance with state law, published a local 
Notice of Intent to establish commercial navigable channel users' fee 
for certain vessels of maximum design draught (draft) greater than 
6.095 meters (20 feet) transiting any portion of the Calcasieu River 
Waterway ship channel. This notice announcing a public hearing to 
consider the users' fee was published in official journals of the 
Parishes comprising the District. The Board of Commissioners of the 
Lake Charles Harbor and Terminal District convened a public hearing on 
Monday, May 13, 2002 at 5 p.m. in the Board Room, 150 Marine Street, 
Lake Charles, Louisiana to officially consider the appropriateness of 
implementing the proposed Calcasieu River Waterway navigable channel 
users' fee.
    The fee is authorized based upon expenditures of the District's 
past and continuing contribution to ensuring navigable channel 
configuration including, but not limited to, acquiring lands for 
dredged material disposal facilities, funding the non-Federal cost to 
construct dikes for dredged material disposal facilities, emergency 
response, related contingency planning, procurement of equipment and 
facilities, necessary personnel training, operation of the navigation 
project to include navigation-related improvements (e.g. procurement of 
an internet-based Harbor Management System capable of supporting/
utilizing NOAA's Physical Oceanographic Real-Time data system and the 
U.S. Coast Guard's intended procurement of a Vessel Traffic Monitoring 
system, and a navigation security Automatic Identification System base 
station and other navigation security, safety and efficiency 
initiatives). Channel users' fees generated will offset the District's 
incurred expenses associated with completed navigation projects not to 
exceed actual accrued District expenditures. The fee would not be 
duplicitous with federal Harbor Maintenance Tax assessments incurred 
under Public Law 99-662 (26 U.S.C 4461), as amended.
    Exempted vessels include:

    Vessels owned and operated by the United States Government, a 
foreign country, a state, or a political subdivision of a country or 
state, unless engaged in commercial services; towing vessels; 
vessels engaged in dredging activities; vessels engaged in intraport 
movements; and vessels with design draught (draft) of 20 feet (6.095 
meters) or less.

    The following is a proposed fee schedule, for vessels calling on 
non-public Calcasieu River ship terminals under the jurisdiction of the 
District:

Length Overall (LOA) in meters x Design Draught (DRAFT) in Meters x 
($0.1)= $Users'' Fee

    Example: 280 meters(LOA) x 11 meters draft x $0.1= $308.00
    The design draught (draft) as indicated in ``Lloyds Register of 
Shipping,'' if exceeding forty feet (40') or 12.189 meters, will be 
limited to 12.189 meters for this fee computation for vessels other 
than heavylift vessels conducting loading or offloading evolutions in 
the Cameron Hole.
    Users' fee at the aforementioned rates, charged to applicable 
vessels calling on public Calcasieu River terminals under the 
jurisdiction of the District, will be specifically accounted for within 
the dockage tariff.
    Under 33 U.S.C. 2236(a)(5), a public hearing on the proposed harbor 
users' fee is scheduled for December 9, 2002 commencing at 5 p.m. in 
the Board Room, 150 Marine Street, Lake Charles, Louisiana. Upon 
completion of the public hearing and public comment period, the Board 
is directed to transmit the final fee schedule concurrently to the Army 
Corps of Engineers New Orleans District Engineer, Director of Civil 
Works Corps Headquarters, the Assistant Secretary of the Army for Civil 
Works, and to the Federal Maritime Commission in the form of the 
adopted Resolution.
    Under 33 U.S.C. 2236(a)(6) public comments concerning the proposed 
harbor users' fee should be directed in writing to James L. Robinson, 
Director of Navigation, Lake Charles Harbor and Terminal District, PO 
Box 3753, Lake Charles, Louisiana 70602. Tel. (337) 493-3620. The 
public comment period will close upon the close of business at 5 p.m., 
December 20, 2002. Written comments must be received by the District on 
or before that date in order to be considered by the Board prior to 
taking final action on the proposed harbor usage fee.
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[[Page 64637]]


    Dated: September 27, 2002.
Michael J. Walsh,
Colonel, U.S. Army, Executive Director of Civil Works.
[FR Doc. 02-26644 Filed 10-18-02; 8:45 am]
BILLING CODE 3710-92-P