[Federal Register Volume 84, Number 49 (Wednesday, March 13, 2019)]
[Rules and Regulations]
[Pages 8984-8986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04525]
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DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development Corporation
33 CFR Part 402
RIN 2135-AA46
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 2019 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 30, 2019. For consistency, because these are joint
regulations under international agreement, 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 on the same date.
DATES: This rule is effective on March 30, 2019.
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 revising 33 CFR 402.12, ``Schedule of
tolls'', to reflect the fees and charges levied by the SLSMC in Canada
beginning in the 2019 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)).
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 $28.29 to $28.57. 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 (65FR 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
[[Page 8985]]
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 rule 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
amends 33 CFR part 402 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 402.3, revise definition of ``domestic cargo''and add a
definition for ``duration'' in alphabetical order to read as follows:
Sec. 402.3 Interpretation.
* * * * *
Domestic cargo means cargo, the shipment of which originates at one
Canadian point and terminates at another Canadian point, or originates
at one United States point and terminates at another United States
point or originates at one Canadian or United States point in the Great
Lakes Saint Lawrence Seaway System and terminates at another Canadian
or United States point in the Great Lakes Saint Lawrence Seaway System
but does not include import or export cargo designated at the point of
origin for transshipment by water at a point in Canada or in the United
States.
Duration means the number of years negotiated between the Manager
and a shipper for the application of a toll reduction under the Gateway
Incentive.
* * * * *
0
3. In Sec. 402.10, revise paragraph (a) to read as follows:
Sec. 401.10 Post-clearance date operational surcharges.
(a) Subject to paragraph (b) of this section, a vessel that reports
for its final transit of the Seaway from a place set out in column 1
within a period after the clearance date established by the Manager and
the Corporation set out in column 2 shall pay operational surcharges in
the amount set out in column 3, prorated on a per-lock basis.
* * * * *
0
4. Revise Sec. 402.12 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 ($)
Rate ($) Welland Canal--
Item Description of Montreal to or Lake Ontario to
Charges from Lake or from Lake
Ontario (5 Erie (8 locks)
locks)
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1............... Subject to item 3,
for complete
transit of the
Seaway, a composite
toll, comprising:
(1) a charge per 0.1104......... 0.1766
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. 1.1442......... 0.7810
(b) general 2.7571......... 1.2500
cargo.
(c) steel slab. 2.4953......... 0.8949
(d) 1.1442......... 0.7810
containerized
cargo.
(e) government n/a............ n/a
aid cargo.
(f) grain...... 0.7030......... 0.7810
(g) coal....... 0.7030......... 0.7810
(3) a charge per 1.7144......... 1.7144
passenger per
lock.
(4) a lockage n/a............ 0.2942
charge 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............ 4,115
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 28.57 \2\...... 28.57
vessel per lock
transited for full
or partial transit
of the Seaway.
4............... A charge per 30.00 \4\...... 30.00
pleasure craft per
lock transited for
full or partial
transit of the
Seaway, including
applicable federal
taxes \3\.
[[Page 8986]]
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 20%............ 20%
Service 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 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 (33U.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 March 7, 2019.
Saint Lawrence Seaway Development Corporation.
Carrie Lavigne,
Chief Counsel.
[FR Doc. 2019-04525 Filed 3-12-19; 8:45 am]
BILLING CODE 4910-61-P