[Federal Register Volume 80, Number 20 (Friday, January 30, 2015)]
[Rules and Regulations]
[Pages 5047-5048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01725]


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DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 402

RIN 2135-AA37


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 currently being levied by the SLSMC in Canada. The changes 
affect the tolls for commercial vessels and are applicable only in 
Canada. For consistency, because these are under international 
agreement joint regulations, 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 upon publication. (See 
SUPPLEMENTARY INFORMATION.)

DATES: This rule is effective on January 30, 2015.

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 402.11, ``Schedule of tolls'', to reflect 
the fees and charges levied by the SLSMC in Canada and to make 
corrections to various sections. 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.
    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 (65 FR 19477-19478) or you may 
visit 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 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 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 is 
amending 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.  402.5, revise paragraph (c) to read as follows:

[[Page 5048]]

Sec.  402.5  New Business Incentive Program.

* * * * *
    (c) A commodity/origin/destination combination that qualifies as 
New Business on or before the 30th day of September in any navigation 
season continues to qualify as New Business in the two consecutive 
navigation seasons immediately following the then current navigation 
season.
* * * * *

0
3. In Sec.  402.7, redesignate current paragraphs (a)(3) and (4) as 
paragraphs (a)(4) and (5), respectively, and add a new paragraph (a)(3) 
to read as follows:


Sec.  402.7  Service Incentive Program.

    (a) * * *
    (3) The service must not be limited to the movement of one specific 
commodity;
* * * * *

0
4. Revise Sec.  402.11 to read as follows:


Sec.  402.11  Schedule of tolls.

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                                                       Column 3 Rate ($)
                                   Column 2 Rate ($)    Welland Canal--
  Column 1 Item description of      Montreal to or    Lake Ontario to or
             charges               from Lake Ontario  from Lake Erie  (8
                                       (5 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 gross        0.1040............  0.1665.
     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..........  1.0781............  0.7359.
        (b) general cargo.......  2.5978............  1.1777.
        (c) steel slab..........  2.3511............  0.8431.
        (d) containerized cargo.  1.0781............  0.7359.
        (e) government aid cargo  n/a...............  n/a.
        (f) grain...............  0.6624............  0.7359.
        (g) coal................  0.6624............  0.7359.
    (3) a charge per passenger    1.6153............  1.6153.
     per lock.
    (4) a lockage charge per      n/a...............  0.2772.
     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    n/a...............  3,877.00.
         per 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  26.92.............  26.92.
 lock transited for full or
 partial transit of the Seaway.
4. A charge per pleasure craft    30.00 \3\.........  30.00.
 per lock transited for full or
 partial transit of the Seaway,
 including applicable federal
 taxes \2\.
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.
------------------------------------------------------------------------
\1\ Or under the US GRT for vessels prescribed prior to 2002.
\2\ 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. The collection of the U.S. portion of tolls
  for commercial vessels is waived by law (33 U.S.C. 988a(a)).
\3\ $5.00 discount per lock applicable on ticket purchased for Canadian
  locks via paypal.


    Issued at Washington, DC, on January 26, 2015.
Saint Lawrence Seaway Development Corporation.
Carrie Lavigne,
Chief Counsel.
[FR Doc. 2015-01725 Filed 1-29-15; 8:45 am]
BILLING CODE 4910-61-P