[Federal Register Volume 60, Number 69 (Tuesday, April 11, 1995)]
[Proposed Rules]
[Pages 18384-18385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8808]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 402


Tariff of Tolls: Proposed Revision

AGENCY: Saint Lawrence Seaway Development Corporation, DOT.

ACTION: Notice of Proposed Rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Saint Lawrence Seaway Development Corporation and the St. 
Lawrence Seaway Authority of Canada have jointly established and 
presently administer the St. Lawrence Seaway Tariff of Tolls. This 
Tariff sets forth the level of tolls assessed on all commodities and 
vessels transiting the facilities operated by the Corporation and the 
Authority. To improve the competitiveness of the Seaway, the 
Corporation and the Authority are proposing that the Tariff charges for 
the 1995 season under the Tariff Schedule be the same as for the 1994 
season. In addition, the Corporation and the Authority are proposing, 
for competitive purposes, that the Incentive Tolls Program be continued 
and that the volume rebate be revised to broaden the base years and 
clarify the reporting requirements for the volume rebate.

DATES: Any party wishing to present views or data on the proposed 
revision may file comments with the Corporation on or before May 11, 
1995.

ADDRESSES: Send comments to Marc C. Owen, Chief Counsel, Saint Lawrence 
Seaway Development Corporation, 400 Seventh Street, S.W., Washington, 
D.C. 20590.

FOR FURTHER INFORMATION CONTACT: Marc C. Owen, Chief Counsel, Saint 
Lawrence Seaway Development Corporation, 400 Seventh Street, S.W., 
Washington, D.C. 20590, (202) 366-0091.

SUPPLEMENTARY INFORMATION: In an effort to improve the Seaway's 
competitiveness, it is proposed to continue the section 402.8, the 
Schedule of Tolls, charges for the 1995 at the 1994 season levels. 
Accordingly, no change would be required to the Schedule as it now 
appears.
    The Corporation and the Authority also are proposing, for 
competitive purposes, that the Incentive Tolls Program be continued and 
be revised. In section 402.9, the discount for new business, subsection 
(a) would be amended to reflect its applicability to the 1995 
navigation season and subsection (c) would be amended in part to change 
the base years for calculating the discount from 1991 through 1993 to 
1992 through 1994. In section 402.11, volume rebates, subsection (a) 
would be amended to reflect its applicability to the 1995 navigation 
season and subsections (b) and (c) would be amended to change the base 
years for calculating the rebate from three years, 1991 through 1993, 
to four years, 1991 through 1994. The base years for the subsection (c) 
proviso on mergers or take-overs would also be changed from 1991 
through 1994 to 1991 through 1995. Finally, subsection (d) would be 
amended to change the submission date for the traffic history 
description for the purposes of calculating the rebate to the end of 
the 1995 season and to clarify what specific information is required, 
i.e., the shipper's or receiver's Seaway traffic history for 1991, 
1992, 1993, 1994, and 1995 by port, vessel name, transit date, 
commodity description, and tonnage.

Regulatory Evaluation

    This proposed regulation involves a foreign affairs function of the 
United States, and therefore, Executive Order 12866 does not apply. 
This proposed regulation has also been evaluated under the Department 
of Transportation's Regulatory Policies and Procedures and the proposed 
regulation is not considered significant under those procedures and its 
economic impact is expected to be so minimal that a full economic 
evaluation is not warranted.

Regulatory Flexibility Act Determination

    The Saint Lawrence Seaway Development Corporation certifies that 
this proposed regulation, if adopted, would not have a significant 
economic impact on a substantial number of small entities. The Saint 
Lawrence Seaway Tariff of Tolls relates to the activities of 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 proposed 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 human environment. [[Page 18385]] 

Federalism

    The Corporation has analyzed this proposal under the principles and 
criteria in Executive Order 12612 and has determined that this proposal 
does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.

List of Subjects in 33 CFR Part 402

    Vessels, Waterways.

    Accordingly, the Saint Lawrence Seaway Development Corporation 
proposes to amend Part 402--Tariff of Tolls (33 CFR Part 402) as 
follows:

PART 402--[AMENDED]

    1. The authority citation for 33 CFR Part 402 continues to read as 
follows:

    Authority: 68 Stat. 93, 33 U.S.C. 981-990.

    2. Section 402.9 would be amended by revising paragraph (a) and the 
first sentence of paragraph (c) introductory text to read as follows:


Sec. 402.9  Incentive tolls.

    (a) Notwithstanding anything contained in this Tariff, the portion 
of the composite toll related to charges per metric ton of cargo 
charged on new business shall be reduced by fifty percent for a Seaway 
transit beginning and ending during the 1995 navigation year.
* * * * *
    (c) For the purposes of this section, ``new business'' means cargo 
that has not moved through a Seaway lock between an origin and a 
destination as defined in this paragraph (c) during the navigation 
seasons of 1992, 1993, and 1994 or cargo that has moved through a 
Seaway lock in quantities representing less than five percent of the 
average of Seaway traffic between an origin and a destination during 
the navigation seasons of 1992, 1993, and 1994. * * *
* * * * *
    5. Section 402.11 would be amended by revising the first sentence 
of paragraph (a) and paragraph (b) through (d) to read as follows:


Sec. 402.11  Volume discount.

    (a) A volume rebate shall be granted to a shipper of downbound 
cargo or to a receiver of upbound cargo at the end of the 1995 
navigation season after payment of the full toll specified in the 
schedule under the tariff in Sec. 402.8 of this part if shipments of a 
particular commodity during 1995 exceed by a minimum of 25,000 tons the 
shipper's or receiver's highest tonnage for that particular commodity 
during 1991, 1992, 1993, or 1994 in the Seaway. * * *
    (b) Volume rebates shall be granted only with respect to 
commodities whose shipper and receiver have shipped or received the 
subject commodity in the years 1991, 1992, 1993, and 1994 and have not 
been subject of a merger or take-over during 1991, 1992, 1993, 1994, or 
1995.
    (c) The volume rebate shall be equal to a 50 percent reduction of 
the portion of the composite toll related to charges per metric ton of 
cargo paid for the shipments that surpass the shippers or receiver's 
highest tonnage for that commodity during 1991, 1992, 1993, or 1994. 
Payment of rebates will be made directly to the qualified receiver or 
shipper.
    (d) A description of the shipper's or receiver's Seaway traffic 
history for 1991, 1992, 1993, 1994, and 1995 by port, vessel name, 
transit date, commodity description, and tonnage shall be submitted by 
the shipper or receiver prior to the end of 1995 and shall be subject 
to audit by the Authority.
* * * * *
    Issued at Washington, D.C. on April 4, 1995.

Saint Lawrence Seaway Development Corporation.
Marc C. Owen,
Chief Counsel.
[FR Doc. 95-8808 Filed 4-10-95; 8:45 am]
BILLING CODE 4910-61-P