[Federal Register Volume 72, Number 20 (Wednesday, January 31, 2007)]
[Rules and Regulations]
[Pages 4430-4432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1535]


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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: 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 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 changing 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 Sec.  402.3, 
``Interpretation.'' and Sec.  402.6, ``Description and weight of 
cargo.'' (See Supplementary Information.)

DATES: This rule is effective March 2, 2007.

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 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 was necessary on these amendments.
    The SLSDC is amending 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 modifying 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 making several minor editorial 
changes to 33 CFR402.3 and 33 CFR 402.5. Interested parties have been 
afforded an opportunity to comment; however no comments were received.
    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 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 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.

[[Page 4431]]

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 proposal 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 402.3 is amended by revising paragraph (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.
* * * * *

0
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.)

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


Sec.  402.8  Schedule of tolls.

------------------------------------------------------------------------
                                                         Column 3  Rate
                                   Column 2  Rate ($)     ($)  Welland
  Column 1  Item--description of      Montreal to or      Canal--Lake
             charges                from Lake Ontario    Ontario to or
                                        (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 cargo......  1.0012............  0.6634
    (e) government aid cargo.....  n/a...............  n/a
    (f) grain....................  0.6151............  0.6634
    (g) coal.....................  0.5911............  0.6634
  (3) a charge per passenger per   1.4233............  1.4233
   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 partial  20 percent per      13 percent per
 transit of the Seaway.             lock of the         lock of the
                                    applicable charge   applicable
                                    under items 1(1)    charge under
                                    and (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 per     25.00.............  25.00
 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     25.00.............  25.00
 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...............  0.1561
    (b) in ballast...............  n/a...............  0.1144

[[Page 4432]]

 
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):
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    Issued at Washington, DC on January 22, 2007.

Saint Lawrence Seaway Development Corporation.
Collister Johnson, Jr.,
Administrator.
[FR Doc. E7-1535 Filed 1-30-07; 8:45 am]
BILLING CODE 4910-61-P