[Federal Register Volume 71, Number 30 (Tuesday, February 14, 2006)]
[Proposed Rules]
[Pages 7701-7704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2045]


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DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 402

[Docket No. SLSDC 2006-23839]
RIN 2135-AA23


Tariff of Tolls

AGENCY: Saint Lawrence Seaway Development Corporation, DOT.

ACTION: Notice of proposed rulemaking.

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[[Page 7702]]

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 2006 navigation 
season, which are effective only in Canada. An amendment to increase 
the minimum charge per lock for those vessels that are not pleasure 
craft or subject in Canada to tolls under items 1 and 2 of the Tariff 
for full or partial transit of the Seaway will apply in the U.S. (See 
Supplementary Information.)

DATES: Any party wishing to present views on the proposed amendment may 
file comments with the Corporation on or before March 16, 2006.

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 2006 navigation season. Additionally, 
the SLSDC is proposing to revise 33 CFR 402.3 and 33 CFR 402.4 to 
provide interpretations of two charges for vessels carrying new cargo 
on the Welland Canal and the MLO Section of the Seaway. 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 is proposing to amend 33 CFR 402.8, ``Schedule of 
Tolls'', to increase the minimum charge per vessel per lock for full or 
partial transit of the Seaway from $20.00 to $20.40. This charge is for 
vessels that are not pleasure craft or subject in Canada to the tolls 
under items 1 and 2 of the Tariff. This increase is due to higher 
operating costs at the locks.
    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 reg.) 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.

    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 continues to read as 
follows:

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


[[Page 7703]]


    2. Section 402.3 is amended by redesignating paragraphs (k) through 
(n) as (m) through (p) and by adding new paragraphs (k) and (l) to read 
as follows:


Sec.  402.3  Interpretation.

* * * * *
    (k) New cargo--MLO Section means either containerized cargo or 
cargo which has not moved through the MLO Section in an average annual 
amount, over the navigation seasons 2001-2002-2003, greater than 10,000 
metric tons.
    (l) New cargo--Welland Canal means either containerized cargo or 
cargo which has not moved through the Welland Canal in an average 
annual amount, over the navigation seasons 2001-2002-2003, greater than 
10,000 metric tons.
    (m) Passenger means a person being transported through the Seaway 
who has a paid fare for passage.
    (n) Pleasure craft means a ship, however propelled, that is used 
exclusively for pleasure and does not carry passengers.
    (o) Seaway includes all facilities and services authorized under 
Public Law 358, 83rd Congress, May 13, 1954, enacted by the Congress of 
the United States, as amended, (33 U.S.C. 981, et seq.) and the meaning 
ascribed to it under the Canada Marine Act.
    (p) Vessel (``ship'' in Canada) means every type of craft used as a 
means of transportation on water, except a vessel owned or employed by 
the Manager or the Corporation.
    3. Section 402.4 is amended by adding paragraphs (d) through (f) to 
read as follows:


Sec.  402.4  Tolls.

* * * * *
    (d) As part of the fees applicable under the New Cargo--Welland 
Canal and the New Cargo--MLO Section, once a cargo has qualified as new 
cargo, it will remain qualified for the navigation seasons 2006 and 
2007.
    (e) For a transit to be accepted under the New Cargo--Welland Canal 
or the New Cargo--MLO Section, more than 50% of the cargo carried on 
that transit for each section must qualify as new cargo.
    (f) Barges transiting the Welland Canal together as one unit pulled 
by the same tug or tugs shall, for the purpose of calculating lockage 
fees, be deemed to be a combination unit and will pay lockage fees as a 
single barge.
    4. Section 402.8 is revised to read as follows:


Sec.  402.8  Schedule of tolls.

------------------------------------------------------------------------
                                                       Column 3 Rate ($)
                                   Column 2 Rate ($)    Welland Canal--
  Column 1 Item--Description of     Montreal to or    Lake Ontario to or
             charges              from  Lake Ontario  from Lake Erie  (8
                                       (5 locks)            locks)
 
------------------------------------------------------------------------
1. Subject to item 3, for
 complete transit of the Seaway,
 a composite toll, comprising:
    (1) A charge per gross        0.0947............  0.1537.
     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 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..........  0.9816............  0.6504.
        (b) General cargo.......   2.3651...........  1.0408.
        (c) Steel slab..........  2.1405............  0.7451.
        (d) Containerized cargo.  0.9816............  0.6504.
        (e) Government aid cargo   N/A..............   N/A.
        (f) Grain...............   0.6030...........  0.6504.
        (g) Coal................   0.5795...........  0.6504.
    (3) A charge per passenger     1.3954...........  1.3954.
     per lock.
    (4) A charge per lock for
     transit of the Welland
     Canal in either direction
     by cargo ships:
        (a) Loaded..............   N/A..............   519.40.
        (b) In ballast..........   N/A..............   383.75.
2. Subject to item 3, for          20 per cent per    13 per cent per
 partial transit of the Seaway.    lock of the         lock of the
                                   applicable charge   applicable charge
                                   under items 1(1)    under items 1(1)
                                   and (2) plus the    and (2) plus the
                                   applicable charge   applicable charge
                                   under items 1(3)    under items 1(3)
                                   and (4).            and (4).
3. Minimum charge per ship per     20.40............  20.40.
 lock transited for full or
 partial transit of the Seaway.
4. A rebate applicable to the      N/A..............   N/A.
 rates of item 1 to 3.
5. A charge per pleasure craft    20.00.............  20.00.
 per lock transited for full or
 partial transit of the Seaway,
 including applicable federal
 taxes \1\.
6. Subject to item 3, in lieu of
 item 1(4), for vessel carrying
 new cargo on the Welland Canal
 or returning ballast after
 carrying new cargo on the
 Welland Canal, a charge per
 gross registered ton of the
 ship, the gross registered
 tonnage being calculated
 according to item 1(1):
    (a) Loaded..................   N/A..............   0.1530.
    (b) In ballast..............   N/A..............   0.1122.

[[Page 7704]]

 
7. Subject to item 3, in lieu of  0.0000............  N/A.
 item 1(1), for vessel carrying
 new cargo on the MLO section or
 returning ballast after
 carrying new cargo on the MLO
 Section, a charge per gross
 registered ton of the ship, the
 gross registered tonnage being
 calculated according to item
 1(1):
------------------------------------------------------------------------
\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 February 2, 2006.

Saint Lawrence Seaway Development Corporation.
Albert S. Jacquez,
Administrator.
[FR Doc. E6-2045 Filed 2-13-06; 8:45 am]
BILLING CODE 4910-61-P