Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Rules and Regulations 10677 

Hernandez Airport. The reference used 

in the legal descriptions to impart a 

part-time operation of the Class D and 

E Airspace designated as an extension to 

Class D surface area (E4) is being 

removed. The Class E airspace 

designated as surface area for an airport 

(E2) will no longer be required since the 

Class D Airspace will be in effect 

continuously, thus, this amendment 

removes that E2 airspace associated 

with Aguadilla, PR. Controlled airspace 

extending upward from the surface of 

the Earth is required to encompass the 

airspace necessary for instrument 

approaches for aircraft operating under 

Instrument Flight Rules (IFR). The 

current Class D and E4 airspace areas 

are sufficient for these approaches; no 

additional controlled airspace must be 

defined. Designations for Class D and E 

airspace areas extending upward from 

the surface of the Earth are published in 

FAA Order 7400.9S, signed October 3, 

2008, and effective October 31, 2008, 

which is incorporated by reference in 14 

CFR 71.1. The Class D and E 

designations listed in this document 

will be published subsequently in the 

Order. 

Agency Findings 

The regulations adopted herein will 

not have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among various levels of 

government. Therefore, it is determined 

that this final rule does not have 

federalism implications under Executive 

Order 13132. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore, (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

Regulatory Evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of airspace necessary to 

ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it modifies controlled airspace at 

Aguadilla, PR. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR Part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for Part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9S, Airspace 

Designations and Reporting Points, 

signed October 3, 2008, effective 

October 31, 2008, is amended as 

follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

ASO PR D Aguadilla, PR [REVISED] 

Rafael Hernandez Airport, PR 

(Lat. 18°29′42′′ N., long 67°07′46′′ W.) 

That airspace extending upward from the 

surface of the Earth to and including 2,700 

feet MSL within a 4.5-mile radius of the 

Rafael Hernandez Airport. 

* * * * * 

Paragraph 6002 Class E Airspace 

Designated as Surface Areas. 

* * * * * 

ASO PR E2 Aguadilla, PR [REMOVE] 

Rafael Hernandez Airport, PR 

* * * * * 

Paragraph 6004 Class E Airspace 

Designated as an Extension to a Class D 

Surface Area. 

* * * * * 

ASO PR E4 Aguadilla, PR [REVISED] 

Rafael Hernandez Airport, PR 

(Lat. 18°29′42′′ N., long 67°07′46′′ W.) 

Borinquen VORTAC 

(Lat. 18°29′53′′ N., long 67°06′30′′ W.) 

That airspace extending upward from the 

surface within 2.4 miles each side of the 

Borinquen VORTAC 257° radial extending 

from the 4.5 mile radius to 7 miles west of 

the VORTAC. 

* * * * * 

Issued in College Park, Georgia, on 

February 25, 2009. 

Barry A. Knight, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. E9–5282 Filed 3–11–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Saint Lawrence Seaway Development 

Corporation 

33 CFR Part 402 

[Docket No. SLSDC 2009–0003] 

RIN 2135–AA29 

Tariff of Tolls 

AGENCY: Saint Lawrence Seaway 

Development Corporation, DOT. 

ACTION: Final rule. 

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. 

The Tariff of Tolls became effective in 

Canada in 2008. 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 this U.S. version of 

the amendments effective upon 

publication. (See SUPPLEMENTARY

INFORMATION.) 

DATES: This rule is effective on March 

12, 2009. 

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 


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10678 Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Rules and Regulations 

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 402.8, ‘‘Schedule of 

tolls’’, to reflect the fees and charges 

levied by the SLSMC in Canada since 

2008. 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 (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 

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 is 

amending 33 CFR Part 402, Tariff of 

Tolls, as follows: 

PART 402—TARIFF OF TOLLS 

■ 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. 

■ 2. Section 402.3 is amended by: 

■ a. Removing paragraphs (k) and (l); 

■ b. Removing the first-level paragraph 

designations from paragraphs (a) 

through (j) and (m) through (p); and 

■ c. Adding the following new 

definitions in alphabetical order to read 

as follows: 

§ 402.3 Interpretation. 

* * * * * 

Carrier means any company, or its 

representative, engaged in physically 

moving a cargo between an origin and 

a destination. 

Commodity means cargo that has been 

defined as a commodity in the 

Manager’s then current publicly 

announced commodity codes. 

Closing Date means in respect of a 

year, the first date in such year after the 

opening date on which both the 

Montreal-Lake Ontario portion and the 

Welland Canal portion of the Seaway 

are closed for vessel traffic. 

* * * * * 

Great Lakes/St. Lawrence Seaway 

System means all ports in the Great 

Lakes and the St. Lawrence River. 

Incremental volume means the 

portion of tonnage shipped through the 

Seaway by a specific shipper/receiver in 

a given season, above the pre-approved 

maximum tonnage realized by that 

specific shipper/receiver over the 

previous five (5) navigation seasons. 

* * * * * 

Maximum volume means the highest 

total annual tonnage of a specific 

commodity that a shipper/receiver has 

shipped through the Seaway over the 

previous 5 years. 

* * * * * 

Navigation season means the period 

commencing on an opening date and 

ending on the next closing date. 

New Business means: 

(1) Containerized cargo moved by 

ship in the Seaway at any time in a 

navigation season; 

(2) A commodity/origin/destination 

combination in which the commodity 

moved by ship 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, in lieu of movement 

by ship, by any mode of transportation 

other than by ship 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. 


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Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Rules and Regulations 10679 

Opening date means, in respect of any 

year, the earliest date in such year on 

which either the Montreal-Lake Ontario 

portion or the Welland Canal portion of 

the Seaway is opened for vessel traffic, 

provided however that if such date is 

prior to April 1 the opening date in such 

year shall be deemed to be the 1st day 

of April in such year. 

* * * * * 

Section of the Seaway means either 

the Montreal-Lake Ontario portion of 

the Seaway or the Welland Canal 

portion of the Seaway. 

Shipper/receiver means any company 

who owns or buys the cargo that is 

being shipped through the Seaway. 

* * * * * 

Volume rebate means a percentage 

reduction, as part of an initiative 

program, offered on applicable cargo 

tolls for shipments of a specific 

commodity above and beyond a preapproved historical maximum volume. 

■ 3. Section 402.4 is amended by 

revising paragraph (a), removing 

paragraphs (d), (e), and (f), and adding 

a new paragraph (d) to read as follows: 

§ 402.4 Tolls 

(a) Every vessel entering, passing 

through or leaving the Seaway shall pay 

a toll that is the sum of each applicable 

charge in § 402.10. Each charge is 

calculated based on the description set 

out in column 1 of § 402.10 and the rate 

set out in column 2 or 3. 

* * * * * 

(d) The two (2) incentive programs, 

New Business and Volume Rebate, are 

exclusive and cannot be applied at the 

same time on the same cargo movement. 

§ 402.9 [Redesignated as § 402.11] 

■ 4. Section 402.9 is redesignated as 

§ 402.11 and the heading is revised to 

read as follows: 

§ 402.11 Operational surcharges—no 

postponements. 

* * * * * 

§ 402.10 [Redesignated as § 402.12] 

■ 5. Section 402.10 is redesignated as 

§ 402.12 and the heading is revised to 

read as follows: 

§ 402.12 Operational surcharges—after 

postponements. 

* * * * * 

§ 402.7 [Redesignated as § 402.9] 

■ 6. Section 402.7 is redesignated as 

§ 402.9 and the heading is revised to 

read as follows: 

§ 402.9 Coming into force. 

§ 402.5 [Redesignated as § 402.7] 

■ 7. Section 402.5 is redesignated as 

§ 402.7 and the heading is revised to 

read as follows: 

§ 402.7 Description and weight of cargo. 

* * * * * 

■ 8. A new § 402.5 is added to read as 

follows: 

§ 402.5 New business incentive program 

(a) To be eligible for the rebate 

applicable under the New Business 

Incentive Program, a carrier must 

submit an application to the Manager 

for the proposed commodity/origin/ 

destination combination to be approved 

and accepted under the rules of the New 

Business Incentive Program 

promulgated and administered from 

time to time by the Manager. 

(b) Containerized cargo, whatever the 

origin or destination, moved by ship in 

the Seaway at any time in the navigation 

seasons commencing in 2008, 2009, 

2010, 2011 and 2012 qualifies as New 

Business. 

(c) A commodity/origin/destination 

combination that qualifies as New 

Business after the 30th day of 

September in any navigation season 

continues to qualify as New Business in 

the two consecutive navigation seasons; 

and 

(d) A commodity/origin/destination 

combination that qualifies as New 

Business after the 30th day of 

September in any navigation season 

continues to qualify as New Business in 

the three consecutive navigation seasons 

immediately following the then current 

navigation season. 

§ 402.8 [Redesignated as § 402.10] 

■ 9. Section 402.8 is redesignated as 

§ 402.10 and revised to read as follows: 

§ 402.10 Schedule of tolls. 

Item/description of charges 

Rate ($) Montreal to or 

from Lake Ontario 

(5 locks) 

Rate ($) Welland Canal—Lake 

Ontario to or from Lake Erie 

(8 locks) 

Column 1 Column 2 Column 3 

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.

0.0966 ............................................ 0.1546. 

(2) a charge per metric ton of cargo as certified on the ship’s 

manifest or other document, as follows: 

(a) bulk cargo ............................................................................ 1.0012 ............................................ 0.6834. 

(b) general cargo ...................................................................... 2.4124 ............................................ 1.0936. 

(c) steel slab ............................................................................. 2.1833 ............................................ 0.7829. 

(d) containerized cargo ............................................................. 1.0012 ............................................ 0.6834. 

(e) government aid cargo ......................................................... n/a .................................................. n/a. 

(f) grain ...................................................................................... 0.6151 ............................................ 0.6834. 

(g) coal ...................................................................................... 0.6151 ............................................ 0.6834. 

(3) a charge per passenger per lock ............................................... 1.5000 ............................................ 1.5000. 

(4) a lockage 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.

n/a .................................................. 0.2575. 

Up to a maximum charge per vessel ............................................... n/a .................................................. 3,600.00. 

2. Subject to item 3, for partial transit of the Seaway ............................ 20 per cent per lock of the applicable charge under items 1(1) 

and (2) plus the applicable 

charge under items 1(3) and (4).

13 per cent per lock of the applicable charge under items 1(1) 

and (2) plus the applicable 

charge under items 1(3) and (4). 


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10680 Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Rules and Regulations 

Item/description of charges 

Rate ($) Montreal to or 

from Lake Ontario 

(5 locks) 

Rate ($) Welland Canal—Lake 

Ontario to or from Lake Erie 

(8 locks) 

Column 1 Column 2 Column 3 

3. Minimum charge per vessel per lock transited for full or partial transit of the Seaway.25.00 .............................................. 25.00. 

4. A charge per pleasure craft per lock transited for full or partial transit of the Seaway, including applicable federal taxes 2.25.00 3 ............................................ 25.00. 

6. Under the New Business Initiative Program, for cargo accepted as 

New Business, a percentage rebate on the applicable cargo 

charges for the approved period.

20% ................................................ 20%. 

7. Under the Volume Rebate Incentive program, a retroactive percentage rebate on cargo tolls on the incremental volume calculated 

based on the pre-approved maximum volume.

10% ................................................ 10%. 

1Or under the US GRT for ships prescribed prior to 2002. 

2The 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 applicable charge under item 3 at the Saint Lawrence Seaway Development Corporation’s locks (Eisenhower, Snell) 

will be collected in U.S. dollars. The other amounts are in Canadian dollars and are for the Canadian share of tolls. The collection of the U.S. 

portion of tolls for commercial vessels is waived by law (33 U.S.C. 998a(a)). 3Pleasure craft rates-subject to change in subsequent years. 

§ 402.6 [Redesignated as § 402.8] 

■ 10. Section 402.6 is redesignated as 

§ 402.8 and amended by revising the 

heading and paragraphs (a) and (b) to 

read as follows: 

§ 402.8 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 of § 402.11 within a 

period after the clearance date 

established by the Manager and the 

Corporation set out in column 2 of 

402.11 shall pay operational surcharges 

in the amount set out in column 3 of 

402.11, prorated on a per-lock basis. 

(b) If surcharges are postponed for 

operational or climatic reasons, 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. 

* * * * * 

■ 11. A new § 402.6 is added to read as 

follows: 

§ 402.6 Volume Rebate Incentive program 

(a) To be eligible to the Volume 

Rebate Incentive program: 

(1) A shipper/receiver in the Great 

lakes/St. Lawrence Seaway System must 

submit to the Manager for approval, 

before June 30th of every season, the 

commodity, as defined under the 

Manager’s commodity classification, for 

which a Volume Rebate is sought, the 

origin or destination of the commodity, 

and a proof of the maximum volume of 

the commodity the shipper/receiver has 

shipped over the last 5 years from that 

origin or to that destination. 

(2) The shipper/receiver must already 

move the commodity, as defined under 

the Manager’s commodity classification, 

through the Seaway at a minimum of 

100,000 tonnes per season for the past 

five navigation seasons. 

(b) Once approved by the Manager, 

the maximum volume will become the 

basis on which to calculate the 

incremental volume. 

(c) The Volume Rebate Incentive 

program is not accessible at the end of 

the navigation season without a preapproved maximum volume within the 

set deadline. 

(d) The same cargo volume can only 

be used by one shipper/receiver. 

(e) For the Volume Rebate to be 

applicable, the total volume of the 

commodity shipped through the Seaway 

must also increase during the navigation 

season. 

Issued at Washington, DC on March 2, 

2009. 

Saint Lawrence Seaway Development 

Corporation. 

Collister Johnson, Jr., 

Administrator. 

[FR Doc. E9–4918 Filed 3–11–09; 8:45 am] 

BILLING CODE 4910–61–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 261 

[EPA–R06–RCRA–2008–0418; SW–FRL– 

8776–4] 

Hazardous Waste Management 

System; Identification and Listing of 

Hazardous Waste; Final Exclusion 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: Environmental Protection 

Agency (EPA) is granting a petition 

submitted by Bayer Material Science in 

Baytown, Texas to exclude (or delist) 

the toluene diisocyanate (TDI) residues 

generated from its facility located in 

Baytown, Texas from the lists of 

hazardous wastes. This final rule 

responds to the petition submitted by 

Bayer Material Science to delist K027 

TDI residues generated from the 

facility’s distillation units. 

After careful analysis and use of the 

Delisting Risk Assessment Software 

(DRAS), EPA has concluded the 

petitioned waste is not hazardous waste. 

This exclusion applies to 9,780 cubic 

yards per year of the K027 residues. 

Accordingly, this final rule excludes the 

petitioned waste from the requirements 

of hazardous waste regulations under 

the Resource Conservation and 

Recovery Act (RCRA) when it is 

disposed in a Subtitle D Landfill. 

DATES: Effective Date: March 12, 2009. 

ADDRESSES: The public docket for this 

final rule is located at the 

Environmental Protection Agency 

Region 6, 1445 Ross Avenue, Dallas, 

Texas 75202, and is available for 

viewing in EPA Freedom of Information 

Act review room on the 7th floor from 

9 a.m. to 4 p.m., Monday through 

Friday, excluding Federal holidays. Call 

(214) 665–6444 for appointments. The 

reference number for this docket is 

EPA–R06–RCRA–2008–0418. The 

public may copy material from any 

regulatory docket at no cost for the first 

100 pages and at a cost of $0.15 per page 

for additional copies. 

FOR FURTHER INFORMATION CONTACT: Ben 

Banipal, Section Chief of the Corrective 

Action and Waste Minimization 

Section, Multimedia Planning and 

Permitting Division (6PD–C), 


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