[Federal Register Volume 82, Number 3 (Thursday, January 5, 2017)]
[Proposed Rules]
[Pages 1287-1288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-32001]



[[Page 1287]]

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DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 402

[Docket No. SLSDC-2016-0005]
RIN 2135-AA41


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 2017 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: Comments are due February 6, 2017.

ADDRESSES: Docket: For access to the docket to read background 
documents or comments received, go to http://www.Regulations.gov; or in 
person at the Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-001, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal Holidays.

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 SLSDC 
and the SLSMC. The SLSDC is proposing to revise 33 CFR 402.12, 
``Schedule of tolls'', to reflect the fees and charges levied by the 
SLSMC in Canada beginning in the 2017 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 402.12, ``Schedule of 
tolls'', to increase the minimum charge per vessel per lock for full or 
partial transit of the Seaway from $27.46 to $28.01. 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 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 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

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.  402.12 the table is revised to read as follows:


Sec.  402.12  Schedule of tolls.

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                          Column 1                                    Column 2                  Column 3
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                                                                                        Rate ($) Welland Canal--
                                                               Rate ($) Montreal to or   Lake Ontario to or from
            Item                  Description of Charges        from Lake Ontario (5       Lake Erie (8 locks)
                                                                       locks)
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1...........................  Subject to item 3, for          ........................
                               complete transit of the
                               Seaway, a composite toll,
                               comprising:

[[Page 1288]]

 
                                (1) a charge per gross        0.1082..................  0.1732.
                                 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.............  1.1217..................  0.7656.
                                 (b) general cargo..........  2.7028..................  1.2253.
                                 (c) steel slab.............  2.4461..................  0.8772.
                                 (d) containerized cargo....  1.1217..................  0.7656.
                                 (e) government aid cargo...  n/a.....................  n/a.
                                 (f) grain..................  0.6891..................  0.7656.
                                 (g) coal...................  0.6891..................  0.7656.
                                (3) a charge per passenger    1.6806..................  1.6806.
                                 per lock.
                                (4) a lockage charge per      n/a.....................  0.2884.
                                 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.....................  4,034.
                               vessel.
2...........................  Subject to item 3, for partial  20 per cent per lock of   13 per cent per lock of
                               transit of the Seaway.          the applicable charge     the applicable charge
                                                               under items 1(1), 1(2)    under items 1(1), 1(2)
                                                               and 1(4) plus the         and 1(4) plus the
                                                               applicable charge under   applicable charge under
                                                               items 1(3).               items 1(3).
3...........................  Minimum charge per vessel per   28.01 \2\...............  28.01.
                               lock transited for full or
                               partial transit of the Seaway.
4...........................  A charge per pleasure craft     30.00 \4\...............  30.00.
                               per lock transited for full
                               or partial transit of the
                               Seaway, including applicable
                               federal taxes \3\.
5...........................  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.
6...........................  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.
7...........................  Under the New Service           20%.....................  20%.
                               Incentive Program, for New
                               Business cargo moving under
                               an approved new service, an
                               additional percentage refund
                               on applicable cargo tolls
                               above the New Business rebate.
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\1\ Or under the U.S. GRT for vessels prescribed prior to 2002.
\2\ The applicable charged under item 3 at the Saint Lawrence Seaway Development Corporation's locks
  (Eisenhower, Snell) will be collected in U.S. dollars. The collection of the U.S. portion of tolls for
  commercial vessels is waived by law (33 U.S.C. 988a(a)). The other charges are in Canadian dollars and are for
  the Canadian share of tolls.
\3\ $5.00 discount per lock applicable on ticket purchased for Canadian locks via PayPal.
\4\ 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.


    Issued at Washington, DC, on December 30, 2016.

Saint Lawrence Seaway Development Corporation.
Carrie Lavigne,
Chief Counsel.
[FR Doc. 2016-32001 Filed 1-4-17; 8:45 am]
 BILLING CODE 4910-61-P