[Federal Register Volume 86, Number 55 (Wednesday, March 24, 2021)]
[Rules and Regulations]
[Pages 15585-15587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05503]


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DEPARTMENT OF TRANSPORTATION

Great Lakes St. Lawrence Seaway Development Corporation

33 CFR Part 402

RIN 2135-AA50


Tariff of Tolls

AGENCY: Great Lakes St. Lawrence Seaway Development Corporation, DOT.

ACTION: Final rule.

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SUMMARY: The Great Lakes St. Lawrence Seaway Development Corporation 
(GLS) 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 GLS 
and the SLSMC. The GLS is revising its regulations to reflect the fees 
and charges levied by the SLSMC in Canada starting in the 2021 
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.) In addition, Congress renamed the 
Saint Lawrence Seaway Development Corporation (SLSDC) as Great Lakes 
St. Lawrence Seaway Development Corporation (GLS) as part of the 2021 
Consolidated Appropriations Act, signed into law on December 27, 2020. 
The joint regulations are being amended to reflect the name change. The 
Tariff of Tolls are in effect in Canada.

DATES: This rule is effective March 24, 2021.

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, 
Great Lakes St. Lawrence Seaway Development Corporation, 180 Andrews 
Street, Massena, New York 13662; 315/764-3200.

SUPPLEMENTARY INFORMATION: The Great Lakes St. Lawrence Seaway 
Development Corporation (GLS) 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 GLS 
and the SLSMC. The GLS is revising 33 CFR 402.12, ``Schedule of 
tolls'', to reflect the fees and charges levied by the SLSMC in Canada 
beginning in the 2021 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 GLS on commercial vessels 
transiting the U.S. locks is waived by law (33 U.S.C. 988a(a)).
    The GLS 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 $29.14 to $29.72. 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.
    In addition, Congress renamed the Saint Lawrence Seaway Development 
Corporation (SLSDC) as Great Lakes St. Lawrence Seaway Development 
Corporation (GLS) as part of the 2021 Consolidated Appropriations Act 
(Section 512 of Division AA of Pub. L. 116-260), signed into law on 
December 27, 2020. The joint regulations are being amended to reflect 
the name change.
    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

[[Page 15586]]

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.

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 Great Lakes St. 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 1.101.


0
2. In Sec.  402.3 revise the definition of Corporation to read as 
follows:


Sec.  402.3   Interpretation.

* * * * *
    Corporation means the Great Lakes St. Lawrence Seaway Development 
Corporation.
* * * * *

0
2. Revise Sec.  402.12 to read as follows:


Sec.  402.12   Schedule of tolls.

------------------------------------------------------------------------
            Column 1                   Column 2            Column 3
------------------------------------------------------------------------
                                                       Rate ($) Welland
                                   Rate ($) Montreal      Canal--Lake
  Item--description of charges      to or from Lake   Ontario to or from
                                   Ontario (5 locks)     Lake Erie (8
                                                            locks)
------------------------------------------------------------------------
1. Subject to item 3, for
 complete transit of the Seaway,
 a composite toll, comprising:
    (1) a charge per 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\.
        (a) all vessels           0.1148............  0.1837.
         excluding passenger
         vessels.
        (b) passenger vessels...  0.3445............  0.5511.
    (2) a charge per metric ton
     of cargo as certified on
     the ship's manifest or
     other document, as follows:
        (a) bulk cargo..........  1.1904............  0.8125.
        (b) general cargo.......  2.8684............  1.3005.
        (c) steel slab..........  2.5961............  0.9310.
        (d) containerized cargo.  1.1904............  0.8125.
        (e) government aid cargo  n/a...............  n/a.
        (f) grain...............  0.7314............  0.8125.
        (g) coal................  0.7314............  0.8125.
    (3) a charge per passenger    0.0000............  0.0000.
     per lock.
    (4) a lockage charge per      n/a...............  0.3061.
     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 charge per    n/a...............  4,281.
     vessel.
2. Subject to item 3, for         20 per cent per     13 per cent per
 partial transit of the Seaway.    lock of the         lock of the
                                   applicable charge   applicable charge
                                   under items 1(1),   under items 1(1),
                                   1(2) and 1(4)       1(2) and 1(4)
                                   plus the            plus the
                                   applicable charge   applicable charge
                                   under items 1(3).   under items 1(3).
3. Minimum charge per vessel per  29.72 \2\.........  29.72.
 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.

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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.
------------------------------------------------------------------------
\1\ Or under the US GRT for vessels prescribed prior to 2002.
\2\ The applicable charged under item 3 at the Great Lakes St. 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 Great Lakes St. Lawrence Seaway
  Development Corporation's locks (Eisenhower, Snell) for pleasure craft
  is $30 U.S. or $30 Canadian per lock.


    Issued at Washington, DC.

Great Lakes St. Lawrence Seaway Development Corporation.
Carrie Lavigne,
Chief Counsel.
[FR Doc. 2021-05503 Filed 3-23-21; 8:45 am]
BILLING CODE 4910-61-P