[Federal Register Volume 71, Number 244 (Wednesday, December 20, 2006)]
[Proposed Rules]
[Pages 76228-76230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21743]


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DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 402

[Docket No. SLSDC 2006-26584]
RIN 2135-AA25


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 is revising its regulations to reflect the fees and 
charges levied by the SLSMC in Canada starting in the 2007 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. Also, 
the SLSDC is proposing to change the toll charged per pleasure craft 
using the U.S. locks from $25 U.S. or $30 Canadian to $30 U.S. or $30 
Canadian. Several minor editorial corrections are being made in section 
402.3, ``Interpretation.'' and section 402.6, ``Description and weight 
of cargo.'' (See SUPPLEMENTARY INFORMATION.)

DATES: Any party wishing to present views on the proposed amendment may 
file comments with the Corporation on or before January 19, 2007.

ADDRESSES: You may submit comments [identified by DOT DMS Docket Number 
SLSDC 2006-26584] 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

[[Page 76229]]

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 2007 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 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 $20.40 to $25.00. 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.
    The SLSDC is proposing to modify its practice regarding the 
collection of pleasure craft tolls by allowing pleasure craft operators 
to pay the toll for transiting the U.S. locks, Eisenhower and Snell, in 
either $30 U.S. or $30 Canadian. Currently the toll is payable in $25 
U.S. or $30 Canadian, however this has resulted in confusion to 
pleasure craft operators when transiting both Canadian and U.S. locks. 
With almost eighty (80) percent of the tolls for pleasure crafts being 
paid in Canadian dollars and little disparity between the U.S. and 
Canadian exchange rates, the SLSDC is streamlining the pleasure craft 
toll collection process by allowing for payment in either $30 U.S. or 
$30 Canadian. Additionally, the SLSDC is proposing to make several 
minor editorial changes to 33 CFR 402.3 and 33 CFR 402.5
    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 Tariff of Tolls 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.
    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.

    2. Section 402.3 is amended by revising paragraphs (a)(5), (b)(1), 
and (f) to read as follows


Sec.  402.3  Interpretation.

* * * * *
    (a) * * *
    (5) Ores and minerals (crude, screened, sized or concentrated, but 
not otherwise processed) loose or in sacks, including alumina, bauxite, 
gravel, phosphate rock, sand, stone and sulphur;
* * * * *
    (b) * * *
    (1) Empty containers or the tare weight of loaded containers;
* * * * *
    (f) General cargo means goods other than bulk cargo, grain, 
government aid cargo, steel slabs and coal.
* * * * *
    3. Section 402.5 is amended by revising paragraph (b) to read as 
follows:


Sec.  402.5  Description and weight of cargo.

    (b) The cargo tonnage shall be rounded to the nearest 1,000 
kilograms (2,204.62 pounds.)
    4. Section 402.8 is revised to read as follows:


Sec.  402.8  Schedule of tolls.

[[Page 76230]]



------------------------------------------------------------------------
                  Column 1              Column 2            Column 3
------------------------------------------------------------------------
                                                       Rate ($)  Welland
                                   Rate ($)  Montreal     Canal--Lake
                                     to or from Lake     Ontario to or
  Item     Description of charges  Ontario  (5 locks)    from Lake Erie
                                                           (8 locks)
 
------------------------------------------------------------------------
1.        Subject to item 3, for
           complete transit of
           the Seaway, a
           composite toll,
           comprising:
          (1) a charge per gross   0.0966............  0.1568
           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         1.0012............  0.6634
            (b) general cargo      2.4124............  1.0616
            (c) steel slab         2.1833............  0.7600
            (d) containerized      1.0012............  0.6634
          cargo
            (e) government aid     n/a...............  n/a
          cargo
            (f) grain              0.6151............  0.6634
            (g) coal               0.5911............  0.6634
          (3) a charge per         1.4233............  1.4233
           passenger per lock.
          (4) a charge per lock
           for transit of the
           Welland Canal in
           either direction by
           cargo ships:
            (a) loaded             n/a...............  529.79
            (b) in ballast         n/a...............  391.43
2.        Subject to item 3, for   20 percent perlock  13 percent per
           partial transit of the   of the applicable   lock of the
           Seaway.                  charge under        applicable
                                    items 1(1) and      charge under
                                    (2) plus the        items 1(1) and
                                    applicable charge   (2) plus the
                                    under items 1(3)    applicable
                                    and (4).            charge under
                                                        items 1(3) and
                                                        (4).
3.        Minimum charge per ship  25.00.............  25.00
           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    25.00.............  25.00
           craft 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...............  0.1561
            (b) in ballast         n/a...............  0.1144
7.        Subject to item 3, in    0.0000............  n/a
           lieu of 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 $30 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 December 11, 2006.

Saint Lawrence Seaway Development Corporation.
Collister Johnson, Jr.,
Administrator.
[FR Doc. E6-21743 Filed 12-19-06; 8:45 am]
BILLING CODE 4910-61-P