[Federal Register Volume 82, Number 41 (Friday, March 3, 2017)]
[Rules and Regulations]
[Pages 12420-12422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04069]


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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: 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 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.) The Tariff of Tolls will become effective 
in Canada on March 20, 2017.

DATES: This rule is effective on March 20, 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 was necessary on 
these amendments.
    The SLSDC is amending 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.
    A Notice of Proposed Rulemaking was published in the Federal 
Register (82 FR 1285) on January 5, 2017. No comments were received 
during the 30-day notice and comment period.
    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

[[Page 12421]]

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.

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 
mends 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. Revise Sec.  402.12 to read as follows:


Sec.  402.12  Schedule of tolls.

------------------------------------------------------------------------
              Column 1                    Column 2          Column 3
------------------------------------------------------------------------
                                          Rate ($)      Rate ($) Welland
                                       Montreal to or      Canal--Lake
     Item          Description of        from  Lake       Ontario to or
                      charges            Ontario  (5     from Lake Erie
                                           locks)           (8 locks)
------------------------------------------------------------------------
1............  Subject to item 3,
                for complete transit
                of the Seaway, a
                composite toll,
                comprising:
               (1) a charge per       0.1082..........  0.1732.
                gross 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   1.1217..........  0.7656.
                   cargo.
                  (e) government aid  n/a.............  n/a.
                   cargo.
                  (f) grain.........  0.6891..........  0.7656.
                  (g) coal..........  0.6891..........  0.7656.
               (3) a charge per       1.6806..........  1.6806.
                passenger per lock.
               (4) a lockage charge   n/a.............  0.2884.
                per Gross Registered
                Ton of the vessel,
                as defined in item
                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        n/a.............  4,034.
                charge per vessel.
2............  Subject to item 3,     20 per cent per   13 per cent per
                for partial transit    lock of the       lock of the
                of the Seaway.         applicable        applicable
                                       charge under      charge under
                                       items 1(1),       items 1(1),
                                       1(2) and 1(4)     1(2) and 1(4)
                                       plus the          plus the
                                       applicable        applicable
                                       charge under      charge under
                                       items 1(3).       items 1(3).
3............  Minimum charge per     28.01 \2\.......  28.01.
                vessel per lock
                transited for full
                or partial transit
                of the Seaway.
4............  A charge per pleasure  30.00 \4\.......  30.00.
                craft per lock
                transited for full
                or partial transit
                of the Seaway,
                including applicable
                federal taxes \3\.
5............  Under the New          20%.............  20%.
                Business Initiative
                Program, for cargo
                accepted as New
                Business, a
                percentage rebate on
                the applicable cargo
                charges for the
                approved period.
6............  Under the Volume       10%.............  10%.
                Rebate 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.
------------------------------------------------------------------------
\1\ Or under the US 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.



[[Page 12422]]

    Issued at Washington, DC, on February 27, 2017.

Saint Lawrence Seaway Development Corporation.
Carrie Lavigne,
Chief Counsel.
[FR Doc. 2017-04069 Filed 3-2-17; 8:45 am]
BILLING CODE 4910-61-P