[Federal Register Volume 88, Number 48 (Monday, March 13, 2023)]
[Rules and Regulations]
[Pages 15274-15276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05007]


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DEPARTMENT OF TRANSPORTATION

Great Lakes St. Lawrence Seaway Development Corporation

33 CFR Part 402

RIN 2135-AA54


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 2023 
navigation season, which are effective only in Canada.

DATES: This rule is effective on March 22, 2023.

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 2023 navigation season.
    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://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

[[Page 15275]]

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 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.

Subpart A--Regulations

0
2. Amend Sec.  402.3 by:
0
a. Revising the definitions of ``Cargo'', ``Commodity'', and 
``Containerized Cargo'';
0
b. Removing the definition of ``Duration;'' and
0
c. Revising the definitions of ``New business'' and ``Volume 
commitment''.
    The revisions read as follows:


Sec.  402.3  Interpretation.

* * * * *
    Cargo means all goods aboard a vessel whether carried as revenue or 
non-revenue freight or carried for the vessel owner, but does not 
include:
    (1) Empty containers or the tare weight of loaded containers;
    (2) Vessels' fuel, ballast or stores;
    (3) The personal effects of crew or passengers; or
    (4) In transit cargo that is carried both upbound and downbound in 
the course of the same voyage.
* * * * *
    Commodity means cargo that has been defined as a commodity in the 
Manager's commodity codes.
    Containerized cargo means cargo shipping in a container. Containers 
are used to transport freight in multiple modes: vessel, rail, and 
truck. There are many configurations: Dry, insulated or thermal, 
refrigerated or reefer, flat racks and platforms, open top and tank. 
Typical dimensions: 8 feet in width, 8 feet 6 inches or 9 feet 6 inches 
in height and 20 feet or 40 feet in length. Less common lengths 
include, for example, 24, 28, 44, 45, 46, 48, 53, and 56 feet.
* * * * *
    New business means:
    (1) Containerized cargo moved by vessel in the Seaway at any time 
in a navigation season;
    (2) A commodity/origin/destination combination in which the 
commodity moved by vessel in the Seaway at any time in a navigation 
season:
    (i) Originating at a point inside Canada or the United States of 
America or at a country outside Canada or the United States of America, 
provided that such commodity has not originated from such point or 
country, as the case may be, at any time in any of the five consecutive 
navigation seasons immediately preceding the then current navigation 
season;
    (ii) Destined to a point inside Canada or the United States of 
America or a country outside Canada or the United States of America, 
provided that such commodity has not been destined to such point or 
country, as the case may be, at any time in any of the five consecutive 
navigation seasons immediately preceding the then current navigation 
season;
    (iii) Originating at a point inside Canada or the United States of 
America or a country outside Canada or the United States of America and 
destined to a point inside Canada or the United States of America or a 
country outside Canada or the United States of America, provided that 
such Commodity was previously moved by any mode of transportation other 
than by vessel at all times in the five consecutive navigation seasons 
immediately preceding the then current navigation season; or
    (iv) That has not moved through either section of the Seaway in any 
of the five consecutive navigation seasons immediately preceding the 
then current navigation season, in a volume exceeding 10,000 metric 
tons.
* * * * *
    Volume commitment means the negotiated annual cargo tonnage, with a 
minimum of 75,000 metric tons per year, a shipper/receiver must reach 
for the negotiated toll reduction under the Gateway Incentive to become 
applicable.
* * * * *

0
3. Amend Sec.  402.4 by revising paragraph (b) to read as follows:


Sec.  402.4  Tolls.

* * * * *
    (b) The toll is assessed against the vessel and its cargo for a 
complete or partial transit of the Seaway and covers a single trip in 
one direction.
* * * * *

0
4. Amend Sec.  402.8 by revising paragraphs (b) introductory text, (c), 
(e), and (f) and adding paragraph (g) to read as follows:


Sec.  402.8  Gateway Incentive.

* * * * *
    (b) To be eligible for the refund applicable under the Gateway 
Incentive program, a shipper/receiver, or its representative, must:
* * * * *
    (c) The shipper/receiver, or its representative, will qualify 
annually for the negotiated toll reduction upon completion of the 
annual volume commitment.
* * * * *
    (e) The shipper/receiver, or its representative, will provide the 
Manager with a request for the Gateway Incentive refund, together with 
copies of any documents required to support the request, within sixty 
(60) days of the close of the navigation season. Requests for refunds 
should be submitted to the Manager who will be responsible for 
reviewing all documents and data and recommending the refund under the 
Gateway Incentive.
    (f) The negotiated Gateway Incentive percentage of tolls reduction 
paid in respect of qualifying cargo shipped will be refunded by the 
Manager after the close of the navigation season, once the Manager has 
confirmed through the review of submitted support documents that the 
shipper/receiver has met the volume commitment. The Manager reserves 
the right to require the ultimate origin and destination of cargoes to 
validate the commitment.
    (g) The Manager reserves the right to immediately terminate any 
Gateway Incentive agreement.

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

[[Page 15276]]

Sec.  402.12  Schedule of tolls.

                        Table 1 to Sec.   402.12
------------------------------------------------------------------------
                       Column 1            Column 2          Column 3
               ---------------------------------------------------------
                                                            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)
------------------------------------------------------------------------
1.............  Subject to item 3,
                 for complete transit
                 of the Seaway, a
                 composite toll,
                 comprising:
                (1) A charge per
                 gross registered ton
                 of the vessel,
                 applicable whether
                 the vessel 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        0.1218..........  0.1949.
                 excluding passenger
                 vessels
                   (b) Passenger       0.3655..........  0.5846.
                    vessels.
                (2) A charge per
                 metric ton of cargo
                 as certified on the
                 vessel's manifest or
                 other document, as
                 follows:
                   (a) Bulk cargo....  1.2628..........  0.8620.
                   (b) General cargo.  3.0428..........  1.3796.
                   (c) Steel slab....  2.7539..........  0.9876.
                   (d) Containerized   1.2628..........  0.8620.
                    cargo.
                   (e) Government aid  n/a.............  n/a.
                    cargo.
                   (f) Grain.........  0.7758..........  0.8620.
                   (g) Coal..........  0.7758..........  0.8620.
                (3) A charge per       0.0000..........  0.0000.
                 passenger per lock
                (4) A lockage charge   n/a.............  0.3247.
                 per Gross Registered
                 Ton of the vessel,
                 as defined in item
                 1(1), applicable
                 whether the vessel
                 is wholly or
                 partially laden, or
                 is in ballast, for
                 transit of the
                 Welland Canal in
                 either direction by
                 cargo vessels
                   Up to a maximum     n/a.............  4541.6800.
                    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     31.5244 \2\.....  31.5224.
                 vessel per lock
                 transited for full
                 or partial transit
                 of the Seaway
4.............  A charge per pleasure  30.00 \2\.......  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 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 (33 U.S.C. 988a(a)). The other
  charges are in Canadian dollars and are for the Canadian share of
  tolls.
\3\ 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.
\4\ $5.00 discount per lock applicable on ticket purchased for Canadian
  locks via online reservation and payment system.


    Issued at Washington, DC, under authority delegated at 49 CFR 
part 1.101 Great Lakes St. Lawrence Seaway Development Corporation.
Carrie Lavigne,
Chief Counsel.
[FR Doc. 2023-05007 Filed 3-10-23; 8:45 am]
BILLING CODE 4910-61-P