[Federal Register Volume 69, Number 69 (Friday, April 9, 2004)]
[Rules and Regulations]
[Pages 18811-18813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8073]


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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: 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 2004 navigation 
season, which are effective only in Canada. The SLSDC also is amending 
the regulations 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 were invited only on this. (See 
Supplementary Information.) The Tariff of Tolls is in effect in Canada. 
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 upon publication.

DATES: This rule is effective on April 9, 2004.

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 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 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 was necessary on these amendments. The SLSDC also is 
amending the regulations 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 were invited only on 
this. A Notice of Proposed Rulemaking was published on March 2, 2004 
(69 FR 9774). Interested parties have been afforded an opportunity to 
participate in the making of the amendment applicable in the United 
States. No comments were received. That amendment is described in the 
following summary.
    The specific change is the amendment of 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 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

[[Page 18812]]

Regulatory Policies and Procedures is not required.

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 reg.) 
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 does not have sufficient federalism implications to 
warrant a Federalism Assessment.

Unfunded Mandates

    The Corporation has analyzed this 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 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.


0
Accordingly, the Saint Lawrence Seaway Development Corporation is 
amending 33 CFR part 402, Tariff of Tolls, as follows:

PART 402--TARIFF OF TOLLS

0
1. The authority citation for part 402 continues to read as follows:

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

0
2. Section 402.8 is revised to read as follows:


Sec.  402.8  Schedule of tolls.

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                                               Rate ($) Montreal to or
        Item          Description of chargers   from Lake Ontario  (5    Rate ($) 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:
                     (1) a charge per gross    0.0912.................  0.1482.
                      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 cargo  0.9461.................  0.6268.
                      (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 lock of the  13 per cent per lock of the applicable
                      partial transit of the    applicable charge        charge under items 1 (1) and (2) plus
                      Seaway.                   under items 1 (1) and    the applicable charge under items 1 (3)
                                                (2) plus the             and (4).
                                                applicable 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.

[[Page 18813]]

 
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 April 6, 2004.
    Saint Lawrence Seaway Development Corporation.
Albert S. Jacquez,
Administrator.
[FR Doc. 04-8073 Filed 4-8-04; 8:45 am]
BILLING CODE 4910-61-P