[Federal Register Volume 68, Number 51 (Monday, March 17, 2003)]
[Proposed Rules]
[Pages 12644-12645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6347]


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DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 402

[Docket No. SLSDC 2003-14687]
RIN 2135-AA17


Tariff of Tolls

AGENCY: Saint Lawrence Seaway Development Corporation, DOT.

ACTION: Notice of proposed rulemaking.

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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 will be revising its regulations to reflect the fees 
and charges charged by the SLSMC in Canada starting in the 2003 
navigation season, which are effective only in Canada. The SLSDC also 
proposes an amendment to increase the minimum charge per lock transited 
for full or partial transit of the Seaway to be charged by the SLSDC 
for transit through the U.S. locks of vessels that are not pleasure 
craft or vessels subject in Canada to the tolls under items 1 and 2 of 
the Tariff. Since this latter proposed amendment would be of 
applicability in the United States, comments are invited on only on 
this. (See SUPPLEMENTARY INFORMATION.)

DATES: Any party wishing to present views on the proposed amendment may 
file comments with the Corporation on or before April 16, 2003.

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.) The proposed 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 Sec.  402.8, ``Schedule of 
Tolls,'' to reflect the fees and charges charged by the SLSMC in Canada 
starting in the 2003 navigation season. With one exception, the 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)). Accordingly, no notice 
and comment is necessary on these amendments. The SLSDC also proposes 
an amendment to increase the minimum charge per lock transited for full 
or partial transit of the Seaway to be charged by the SLSDC for transit 
through the U.S. locks of vessels that are not pleasure craft or 
vessels subject in Canada to the tolls under items 1 and 2 of the 
Tariff. Since only this latter proposed amendment would be of 
applicability in the United States, comments are invited on only on 
this.
    The specific change proposed is to amend Sec.  402.8, ``Schedule of 
Tolls'', to increase the per lock charge for transit through a U.S. 
lock from $16.24 to $16.44. This increase is due to higher operating 
costs at the locks. The footnote to Sec.  402.8 would also be amended 
to clarify that this charge will be collected by the SLSDC for the U.S. 
locks in U.S. funds instead of at par.

Regulatory Evaluation

    This proposed regulation involves a foreign affairs function of the 
United States and therefore Executive Order 12866 does not apply and 
evaluation under the Department of Transportation's Regulatory Policies 
and Procedures is not required.

Regulatory Flexibility Act Determination

    The Saint Lawrence Seaway Development Corporation certifies that 
this proposed 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 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 proposed rule under the 
principles and criteria in Executive Order 13132, dated August 4, 1999, 
and has determined that it does not have sufficient federalism 
implications to warrant a Federalism Assessment.

Unfunded Mandates

    The Corporation has analyzed this proposed rule under title II of 
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 109 Stat. 48) 
and determined that it does not impose unfunded mandates on State, 
local, and tribal governments and the private sector requiring a 
written statement of economic and regulatory alternatives.

Paperwork Reduction Act

    This proposed 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 in 33 CFR Part 402

    Vessels, Waterways.

    Accordingly, the Saint Lawrence Seaway Development Corporation 
proposes to amend 33 CFR part 402, Tariff of Tolls, as follows:

PART 402--TARIFF OF TOLLS

    1. The authority citation for part 402 would continue to read as 
follows:

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

    2. Section 402.8 would be revised to read as follows:


Sec.  402.8  Schedule of tolls.

[[Page 12645]]



------------------------------------------------------------------------
                                                      Rate ($)--Welland
                               Rate ($)--Montreal    Canal--Lake Ontario
Item--Description of charges     to or from Lake    to or from Lake Erie
                                Ontario (5 locks)         (8 locks)
------------------------------------------------------------------------
1. Subject to item 3, for
 complete transit of the
 Seaway, a composite toll,
 comprising:
    (1) A charge per gross    0.0894..............  0.1453
     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......  0.9275..............  0.6145
        (b) General cargo...  2.2348..............  0.9834
        (c) Steel slab......  2.0225..............  0.7040
        (d) Containerized     0.9275..............  0.6145
         cargo.
        (e) Government aid    N/a.................  N/a
         cargo.
        (f) Grain...........  0.5698..............  0.6145
        (g) Coal............  0.5475..............  0.6145
    (3) A charge per          1.3185..............  1.3185
     passenger per lock
    (4) A charge per lock
     for transit of the
     Welland Canal in either
     direction by cargo
     ships:
      (a) Loaded............  N/a.................  490.79
      (b) In ballast........  N/a.................  362.62
2. Subject to item 3, for     20 per cent per lock  13 percent per lock
 partial transit of the        of the applicable     of the applicable
 Seaway.                       charge under items    charge under items
                               1 (1) and (2) plus    1 (1) and (2) plus
                               the applicable        the applicable
                               charge under items    charge under items
                               1 (3) and (4).        1 (3) and (4).
    Minimum charge per ship   16.44...............  16.44
     per lock.
3. Transited for full or
 partial transit of the
 Seaway
4. A rebate applicable for    Rebate of 0%........  Rebate of 0%.
 the 2003 navigation season
 to the rates of item 1 to 3.
5. A charge per pleasure      20.00...............  20.00
 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) for pleasure craft is $20 U.S.
  or $30 Canadian per lock. The applicable charge under item 3 at the
  Saint Lawrence Seaway Development Corporation's locks (Eisenhower,
  Snell) will be collected in U.S. dollars. The other amounts 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)).


    Issued in Washington, DC on March 12, 2003.

Saint Lawrence Seaway Development Corporation.
Marc C. Owen,
Chief Counsel.
[FR Doc. 03-6347 Filed 3-14-03; 8:45 am]
BILLING CODE 4910-61-P