[Federal Register Volume 69, Number 41 (Tuesday, March 2, 2004)]
[Proposed Rules]
[Pages 9774-9776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4546]


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DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 402

[Docket No. SLSDC 04-17202]
RIN 2135-AA19


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

[[Page 9775]]

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 2004 
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 1, 2004.

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, SW., 
Washington, DC 20590-0001. Written comments may also be submitted 
electronically 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, 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 proposing to revise Sec.  402.8, ``Schedule 
of Tolls,'' to reflect the fees and charges charged by the SLSMC in 
Canada starting in the 2004 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 $16.44 to $16.77. This increase is due to higher operating 
costs at the locks.

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 reg.) 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.

----------------------------------------------------------------------------------------------------------------
                                              Rate ($) Montreal to or
       Item         Description of charges     from Lake Ontario  (5    Rate ($) Welland Canal--Lake Ontario to
                                                      locks)                  or from Lake Erie  (8 locks)
----------------------------------------------------------------------------------------------------------------
                   Column 1                  Column 2................  Column 3
------------------
1................  Subject to item 3, for
                    complete transit of the
                    Seaway, a composite
                    toll, comprising:

[[Page 9776]]

 
                      (1) A charge per       0.0912..................  0.1482.
                       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.....  0.9461..................  0.6268.
                        (b) General cargo..  2.2795..................  1.0031.
                        (c) Steel slab.....  2.0630..................  0.7181.
                        (d) Containerized    0.9461..................  0.6268.
                         cargo.
                        (e) Government aid   N/A.....................  N/A.
                         cargo.
                        (f) Grain..........  0.5812..................  0.6268.
                        (g) Coal...........  0.5585..................  0.6268.
                      (3) A charge per       1.3449..................  1.3449.
                       passenger per lock.
                   (4) A charge per lock
                    for transit of the
                    Welland Canal in either
                    direction by cargo
                    ships:
                        (a) Loaded.........  N/A.....................  500.61.
                        (b) In ballast.....  N/A.....................  369.87.
2................  Subject to item 3, for    20 per cent per lock of   13 per cent per lock of the applicable
                    partial transit of the    the applicable charge     charge under items 1(1) and (2) plus the
                    Seaway.                   under items 1(1) and      applicable charge under items 1(3) and
                                              (2) plus the applicable   (4).
                                              charge under items 1(3)
                                              and (4).
3................  Minimum charge per ship   16.77...................  16.77.
                    per lock transited for
                    full or partial transit
                    of the Seaway.
4................  A rebate applicable for   Rebate of 0%............  Rebate of 0%.
                    the 2004 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 at Washington, DC, on February 26, 2004.

    Saint Lawrence Seaway Development Corporation.
Marc C. Owen,
Chief Counsel.
[FR Doc. 04-4546 Filed 3-1-04; 8:45 am]
BILLING CODE 4910-61-P