[Federal Register Volume 70, Number 94 (Tuesday, May 17, 2005)]
[Rules and Regulations]
[Pages 28212-28213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9799]



[[Page 28212]]

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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: 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 levied by the SLSMC in Canada starting in the 2005 navigation 
season, which are effective only in Canada. An amendment to increase 
the charge per pleasure craft per lock transited for full or partial 
transit of the Seaway will apply in the United States.

DATES: This rule is effective June 16, 2005.

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 revising 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)).
    The SLSDC is amending 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. No 
comments were received regarding this amendment.
    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 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 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 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 the 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 this rule 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.

[[Page 28213]]



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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    0.0928.................  0.1507.
                      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........  0.9624.................  0.6376.
                       (b) general cargo.....  2.3187.................  1.0204.
                       (c) steel slab........  2.0985.................  0.7305.
                       (d) containerized       0.9624.................  0.6376.
                        cargo.
                       (e) government aid      N/A....................  N/A.
                        cargo.
                       (f) grain.............  0.5912.................  0.6376.
                       (g) coal..............  0.5681.................  0.6376.
                     (3) a charge per          1.3680.................  1.3680.
                      passenger per lock.
                     (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    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
                      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   20.00..................  20.00.
                      per lock transited for
                      full or partial transit
                      of the Seaway.
4..................  A rebate applicable to    N/A....................  N/A.
                      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\.
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)).


    Issued at Washington, DC on May 11, 2005.

Saint Lawrence Seaway Development Corporation.
Albert S. Jacquez,
Administrator.
[FR Doc. 05-9799 Filed 5-16-05; 8:45 am]
BILLING CODE 4910-61-P