[Federal Register Volume 78, Number 61 (Friday, March 29, 2013)]
[Rules and Regulations]
[Pages 19105-19107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07350]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 402

RIN 2135-AA32


Tariff of Tolls

AGENCY: Saint Lawrence Seaway Development Corporation, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

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 currently being levied by the SLSMC in Canada. The changes 
affect the tolls for commercial vessels and are applicable only in 
Canada. For consistency, because these are under international 
agreement joint regulations, and to avoid confusion among users of the 
Seaway, the SLSDC finds that there is good cause to make the U.S. 
version of the amendments effective upon publication. (See 
Supplementary Information.)

DATES: This rule is effective on March 29, 2013.

FOR FURTHER INFORMATION CONTACT: Carrie Mann Lavigne, Chief Counsel, 
Saint Lawrence Seaway Development Corporation, 180 Andrews Street, 
Massena, New York 13662; 315/764-3200.

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

[[Page 19106]]

SLSDC and the SLSMC. The SLSDC is revising 33 CFR 402.10, ``Schedule of 
tolls'', to reflect the fees and charges levied by the SLSMC in Canada. 
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.

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 (65 FR 19477-19478) or you may visit 
www.regulations.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 seq.) 
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 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.

    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. In Sec.  402.3, the definition of Containerized cargo is revised to 
read as follows:


Sec.  402.3  Interpretation.

* * * * *
    Containerized cargo means cargo shipped in a container. Containers 
are used to transport freight in multiple modes; ship, rail, and truck. 
There are many configurations: Dry, insulated or thermal, refrigerated 
or reefer, flat racks and platforms, open top and tank. Usual 
dimensions: Width 8 feet, height 8 foot 6 inches or 9 foot 6 inches, 
lengths 20 foot or 40 foot. Less common lengths include, for example, 
24, 28, 44, 45, 46, 48, 53, and 56 feet.
* * * * *

0
3. In Sec.  402.5 paragraph (b) is revised to read as follows:


Sec.  402.5  New business incentive program.

* * * * *
    (b) Containerized cargo, whatever the origin or destination, moved 
by a vessel in the Seaway at any time in the current navigation season 
qualifies as New Business.
* * * * *

0
4. Section 402.10 is revised to read as follows:


Sec.  402.10  Schedule of tolls.

----------------------------------------------------------------------------------------------------------------
                                               Column 1                  Column 2                Column 3
                                    ----------------------------------------------------------------------------
                                                                                             Rate ($) Welland
                Item                                               Rate ($) Montreal to   Canal--Lake Ontario to
                                        Description of Charges     or from Lake Ontario    or 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       0.0995................  0.1592
                                      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 \1\
                                     (2) a charge per metric ton  ......................  ......................
                                      of cargo as certified on
                                      the ship's manifest or
                                      other document, as
                                      follows:
                                     (a) bulk cargo.............  1.0312................  0.7039
                                     (b) general cargo..........  2.4848................  1.1264
                                     (c) steel slab.............  2.2488................  0.8064
                                     (d) containerized cargo....  1.0312................  0.7039
                                     (e) government aid cargo...  n/a...................  n/a
                                     (f) grain..................  0.6336................  0.7039
                                     (g) coal...................  0.6336................  0.7039
                                     (3) a charge per passenger   1.5450................  1.5450
                                      per lock.

[[Page 19107]]

 
                                     (4) a lockage charge per     n/a...................  0.2652
                                      Gross Registered Ton of
                                      the vessel, as defined in
                                      tem 1(1), applicable
                                      whether the ship is wholly
                                      or partially laden, or is
                                      in ballast, for transit of
                                      the Welland Canal in
                                      either direction by cargo
                                      ships,
                                     Up to a maximum charge per   n/a...................  3,708.00
                                      vessel.
2..................................  Subject to item 3, for       20 per cent per lock    13 per cent per lock
                                      partial transit of the       of the applicable       of the applicable
                                      Seaway.                      charge under items      charge under items
                                                                   1(1), 1(2) and 1(4)     1(1), 1(2) and 1(4)
                                                                   plus the applicable     plus the applicable
                                                                   charge under items      charge under items
                                                                   1(3)                    1(3)
3..................................  Minimum charge per vessel    25.75.................  25.75
                                      per lock transited for
                                      full or partial transit of
                                      the Seaway
4..................................  A charge per pleasure craft  30.00 \3\.............  30.00
                                      per lock transited for
                                      full or partial transit of
                                      the Seaway, including
                                      applicable federal taxes
                                      \2\
6..................................  Under the New Business       20%...................  20%
                                      Initiative Program, for
                                      cargo accepted as New
                                      Business, a percentage
                                      rebate on the applicable
                                      cargo charges for the
                                      approved period
7..................................  Under the Volume Rebate      10%...................  10%
                                      Incentive program, a
                                      retroactive percentage
                                      rebate on cargo tolls on
                                      the incremental volume
                                      calculated based on the
                                      pre-approved maximum
                                      volume
----------------------------------------------------------------------------------------------------------------


    Issued at Washington, DC, on March 25, 2013. Saint Lawrence 
Seaway Development Corporation.
---------------------------------------------------------------------------

    \1\ Or under the US GRT for vessels prescribed prior to 2002.
    \2\ 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 collection of the 
U.S. portion of tolls for commercial vessels is waived by law (33 
U.S.C. 988a(a)).
    \3\ $5.00 discount per lock applicable on ticket purchased for 
Canadian locks via paypal.
---------------------------------------------------------------------------

Craig H. Middlebrook,
Acting Administrator.
[FR Doc. 2013-07350 Filed 3-28-13; 8:45 am]
BILLING CODE 4910-61-P