[Federal Register Volume 74, Number 47 (Thursday, March 12, 2009)]
[Rules and Regulations]
[Pages 10677-10680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4918]


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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.

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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. 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

[[Page 10678]]

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.


0
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. Section 402.3 is amended by:
0
a. Removing paragraphs (k) and (l);
0
b. Removing the first-level paragraph designations from paragraphs (a) 
through (j) and (m) through (p); and
0
c. Adding the following new definitions in alphabetical order to read 
as follows:


Sec.  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.

[[Page 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 pre-approved historical maximum 
volume.

0
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:


Sec.  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 Sec.  
402.10. Each charge is calculated based on the description set out in 
column 1 of Sec.  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.


Sec.  402.9  [Redesignated as Sec.  402.11]

0
4. Section 402.9 is redesignated as Sec.  402.11 and the heading is 
revised to read as follows:


Sec.  402.11  Operational surcharges--no postponements.

* * * * *


Sec.  402.10  [Redesignated as Sec.  402.12]

0
5. Section 402.10 is redesignated as Sec.  402.12 and the heading is 
revised to read as follows:


Sec.  402.12  Operational surcharges--after postponements.

* * * * *


Sec.  402.7  [Redesignated as Sec.  402.9]

0
6. Section 402.7 is redesignated as Sec.  402.9 and the heading is 
revised to read as follows:


Sec.  402.9  Coming into force.


Sec.  402.5  [Redesignated as Sec.  402.7]

0
7. Section 402.5 is redesignated as Sec.  402.7 and the heading is 
revised to read as follows:


Sec.  402.7  Description and weight of cargo.

* * * * *

0
8. A new Sec.  402.5 is added to read as follows:


Sec.  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.


Sec.  402.8  [Redesignated as Sec.  402.10]

0
9. Section 402.8 is redesignated as Sec.  402.10 and revised to read as 
follows:


Sec.  402.10  Schedule of tolls.

------------------------------------------------------------------------
                                                       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)
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        0.0966............  0.1546.
     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..........  1.0012............  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    1.5000............  1.5000.
     per lock.
    (4) a lockage charge per      n/a...............  0.2575.
     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...............  3,600.00.
     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)
                                   and (2) plus the    and (2) plus the
                                   applicable charge   applicable charge
                                   under items 1(3)    under items 1(3)
                                   and (4).            and (4).

[[Page 10680]]

 
3. Minimum charge per vessel per  25.00.............  25.00.
 lock transited for full or
 partial transit of the Seaway.
4. A charge per pleasure craft    25.00 \3\.........  25.00.
 per lock transited for full or
 partial transit of the Seaway,
 including applicable federal
 taxes \2\.
6. 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.
7. 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.
------------------------------------------------------------------------
\1\ Or under the US GRT for ships 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 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)).
\3\ Pleasure craft rates-subject to change in subsequent years.

Sec.  402.6  [Redesignated as Sec.  402.8]

0
10. Section 402.6 is redesignated as Sec.  402.8 and amended by 
revising the heading and paragraphs (a) and (b) to read as follows:


Sec.  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 
Sec.  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.
* * * * *

0
11. A new Sec.  402.6 is added to read as follows:


Sec.  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 pre-approved 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