[Federal Register Volume 70, Number 56 (Thursday, March 24, 2005)]
[Proposed Rules]
[Pages 15029-15030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5794]



[[Page 15029]]

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DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 402

[Docket No. SLSDC 2005-20518]
RIN 2135-AA21


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 levied by the SLSMC in Canada starting in the 2005 
navigation season, which are effective only in Canada. The SLSDC also 
proposes an amendment to increase the charge per pleasure craft per 
lock transited for full or partial transit of the Seaway. Since this 
latter proposed amendment would apply in the United States, comments 
are invited on this amendment only. (See SUPPLEMENTARY INFORMATION.)

DATES: Any party wishing to present views on the proposed amendment may 
file comments with the Corporation on or before April 25, 2005.

ADDRESSES: You may submit comments [identified by DOT DMS Docket Number 
SLSDC 2005-20518] by any of the following methods:
     Web Site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number or Regulatory Identification Number (RIN) for this 
rulemaking. Note that all comments received will be posted without 
change to http://dms.dot.gov, including any personal information 
provided. Please see the Privacy Act heading under Regulatory Notices.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Craig H. Middlebrook, Acting Chief 
Counsel, Saint Lawrence Seaway Development Corporation, 400 Seventh 
Street, SW., Washington, DC 20590, (202) 366-0091.

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 (Schedule 
of Fees and Charges in Canada) 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 proposing to revise 33 CFR 402.8, 
``Schedule of Tolls'', to reflect the fees and charges levied by the 
SLSMC in Canada beginning in the 2005 navigation season. With one 
exception, the changes affect the tolls for commercial vessels and are 
applicable only in Canada. The collection of tolls by the SLSDC on 
commercial vessels transiting the U.S. locks is waived by law (33 
U.S.C. 988a(a)). Accordingly, no notice or comment is necessary on 
these amendments.
    The SLSDC also proposes to amend 33 CFR 402.8 to increase the 
charge per pleasure craft per U.S. lock transited from $20 to $25 U.S., 
or $30 Canadian. This increase is needed due to higher operating costs 
at the locks. The per lock charge for pleasure craft transiting the 
Canadian locks will remain $20 Canadian, to be collected in Canadian 
dollars.

Regulatory Notices

    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

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

    I certify this proposed regulation will not have a significant 
economic impact on a substantial number of small entities. The St. 
Lawrence Seaway Regulations and Rules primarily relate 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 the 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 this proposal 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.


[[Page 15030]]


    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. Sec.  402.8 would be revised to read as follows:


Sec.  402.8  Schedule of tolls.

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                                                                              Column 3: rate ($) Welland Canal--
   Column 1: item no./description of      Column 2: rate ($) Montreal to or    Lake Ontario to or from Lake Erie
                charges                      from Lake Ontario (5 locks)                   (8 locks)
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1. Subject to item 3, for complete
 transit of the Seaway, a composite
 toll, comprising:
    (1) a charge per gross registered    0.0928.............................  0.1507
     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.................  0.9624.............................  0.6376
        (b) general cargo..............  2.3187.............................  1.0204
        (c) steel slab.................  2.0985.............................  0.7305
        (d) containerized cargo........  0.9624.............................  0.6376
        (e) government aid cargo.......  n/a................................  n/a
        (f) grain......................  0.5912.............................  0.6376
        (g) coal.......................  0.5681.............................  0.6376
    (3) a charge per passenger per lock  1.3680.............................  1.3680
    (4) a charge per lock for transit
     of the Welland Canal in either
     direction by cargo ships:
        (a) loaded.....................  n/a................................  509.22
        (b) in ballast.................  n/a................................  376.23
2. Subject to item 3, for partial        20 per cent per lock of the          13 per cent per lock of the
 transit of the Seaway.                   applicable charge under items 1(1)   applicable charge under items
                                          and (2) plus the applicable charge   1(1) and (2) plus the applicable
                                          under items 1(3) and (4)..           charge under items 1(3) and (4).
3. Minimum charge per ship per lock      20.00..............................  20.00
 transited for full or partial transit
 of the Seaway.
4. A rebate applicable to the rates of   n/a................................  n/a
 item 1 to 3.
5. A charge per pleasure craft per lock  20.00..............................  20.00
 transited for full or partial transit
 of the Seaway, including applicable
 Federal taxes \1\.
6. In lieu of item 1(4), for vessel
 carrying new cargo or returning
 ballast after carrying new cargo, a
 charge per gross registered ton of the
 ship, the gross registered tonnage
 being calculated according to item
 1(1):
    (a) loaded.........................  n/a................................  0.1500
    (b) in ballast.....................  n/a................................  0.1100
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\1\ The applicable charge at the Saint Lawrence Seaway Development Corporation's locks (Eisenhower, Snell) for
  pleasure craft is $25 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)).


Saint Lawrence Seaway Development Corporation.
    Issued at Washington, DC on March 11, 2005.

Albert S. Jacquez,
Administrator.
[FR Doc. 05-5794 Filed 3-23-05; 8:45 am]
BILLING CODE 4910-61-P