9752 Federal Register / Vol. 66, No. 28 / Friday, February 9, 2001 / Proposed Rules

DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development

Corporation

33 CFR Parts 401 and 402

[Docket No. SLSDC 2001–8785]

RIN 2135–AA12

Seaway Regulations and Rules; Tariff

of Tolls

AGENCY: Saint Lawrence Seaway

Development Corporation, DOT.

ACTION: Notice of proposed rulemaking.

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 will be revising its

regulations to reflect the fees and

charges that will be charged by the

SLSMC in Canada starting in the 2001

navigation season and related editorial,

format, and substantive changes, the

latter of which will be effective only in

Canada. The SLSDC also proposes an

amendment to increase the toll for

pleasure vessels to be charged by the

SLSDC for transit through the U.S.

locks, which the SLSMC is also doing

for Canadian locks. Through agreement

with the SLSMC, the SLSDC also

proposes an amendment to its

‘‘Preclearance of vessels’’, regulation

clarifying that certain non-commercial

vessels would be considered pleasure

vessels for the purposes of tolls and a

conforming amendment its ‘‘Payment of

tolls’’ provision of the joint Seaway

Regulations and Rules requiring that

pleasure vessel tolls be paid ‘‘in U.S.

funds or the equivalent in Canadian

funds’’ at each lock, instead of at par.

Also through agreement with the

SLSMC, the SLSDC proposes an

amendment to clarify the definition for

‘‘flashpoint’’. Since only these four

proposed amendments concerning the

SLSDC toll for pleasure vessels and the

definition of ‘‘flashpoint’’ would be of

applicability in the United States,

comments are invited on only these.

(See SUPPLEMENTARY INFORMATION.)

DATES: Any party wishing to present

views on the proposed amendments

may file comments with the Corporation

on or before March 12, 2001.

ADDRESSES: Signed, written comments

should refer to the docket number

appearing at the top of this document

and must be submitted to the Docket

Clerk, U.S. DOT Dockets, Room PL–401,

400 Seventh Street, S.W., Washington,

D.C. 20590–0001. Written comments

may also be submitted electronically by

using the submission form at http://

dmses.dot.gov/submit/BlankDSS.asp.

All comments received will be available

for examination between 9 a.m. and 5

p.m., E.T., Monday through Friday,

except federal holidays. Those desiring

notification of receipt of comments must

include a self-addressed, stamped

envelope or postcard.

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–

6823.

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 in their

respective jurisdictions. (The Tariff is

called the Schedule of Fees and Charges

in Canada.) 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 will be amending

part 402 to reflect the fees and charges

that will be charged by the SLSMC in

Canada starting in the 2001 navigation

season and related editorial, format, and

substantive changes. (Because of the

number of edits and format changes, the

entire text of part 402 is set out as an

amendment below.) With the exception

of the proposed change for pleasure

vessel tolls, the substantive changes

affect the tolls for commercial vessels

and will be applicable only in Canada

as the collection of the U.S. portion of

tolls for commercial vessels is waived

by law (33 U.S.C. 988a(a)). The SLSDC

also proposes an amendment to increase

the toll for pleasure vessels to be

charged by the SLSDC for transit

through the U.S. locks, which the

SLSMC is also doing for Canadian locks.

Through agreement with the SLSMC,

the SLSDC also proposes an amendment

to § 401.22, ‘‘Preclearance of vessels’’,

clarifying that certain non-commercial

vessels would be considered pleasure

vessels for the purposes of tolls and a

conforming amendment to § 401.75,

‘‘Payment of tolls’’, of the joint Seaway

Regulations and Rules requiring that

pleasure vessel tolls be paid ‘‘in U.S.

funds or the equivalent in Canadian

funds’’ at each lock, instead of at par.

Also through agreement with the

SLSMC, the SLSDC proposes an

amendment to § 401.2 to clarify the

definition for ‘‘flashpoint’’. Since only

these four proposed amendments

concerning the SLSDC toll for pleasure

vessels would be of applicability in the

United States, comments are invited on

only these. The specific change

proposed is to amend § 402.8,

‘‘Schedule of Tolls’’, to increase the toll

for pleasure vessels for transit through

a U.S. lock from $10 to $20 in U.S.

funds or $30 in Canadian funds, the

current equivalent, instead of at par.

Since approximately 97% of pleasure

craft tolls are collected in Canadian

funds, the SLSDC has been losing a

substantial amount of revenue due to

the high exchange rate. The SLSDC

believes that discounting the Canadian

funds at the locks on an ad hoc basis

would not be practicable. Increasing the

tolls as proposed at the SLSDC’s two

locks would offset the loss of revenue

due to the exchange and be beneficial to

SLSDC future funding requirements.

Moreover, lock operations costs for

pleasure vessel transits for 1999 has

been estimated as $160,000, resulting in

an approximate subsidy of $127,000 for

these transits. The last toll increase for

these vessels was in 1991 when the rate

was raised from $5 to $10. The proposed

increase for an estimated 2,500 pleasure

vessel transits would result in a toll

revenue increase of approximately

$97,000 in U.S. funds, lowering the

effective subsidy of these transits to

approximately $63,000. The SLSDC also

proposes an amendment to § 401.22,

‘‘Preclearance of vessels’’, by adding a

new paragraph (c) clarifying that noncommercial vessels with a tonnage

displacement of less than 317.5 tons

would not be eligible to apply for

preclearance status, but would be

considered pleasure craft. The reason

for this amendment is that associated

costs for these vessels incurred by the

SLSMC under their preclearance

process is disproportionately larger than

the amount of tolls these vessels would

pay if precleared. Finally, the SLSDC

proposes a conforming amendment to

paragraph (b) of § 401.75, ‘‘Payment of

tolls’’, of the joint Seaway Regulations

and Rules, which concerns payment of

pleasure vessel tolls. The provision that

tolls for pleasure craft are payable ‘‘in

Canadian or American funds’’ would be

changed to say that these tolls would be

payable at each lock ‘‘in U.S. funds or

the equivalent in Canadian funds’’. Also

through agreement with the SLSMC, the

SLSDC proposes an amendment to

§ 401.2 to clarify the definition for

‘‘flashpoint’’, stating that it means the

Federal Register / Vol. 66, No. 28 / Friday, February 9, 2001 / Proposed Rules 9753

‘‘lowest temperature of a flammable

liquid at which its vapor forms an

ignitable mixture with air’’ as

determined by the closed-cup method.

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 St. Lawrence Seaway Tariff

of Tolls primarily relates 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 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.

Federalism

The Corporation has analyzed this

rule under the principles and criteria in

Executive Order 13132, Dated August 4,

1999, and has determined that it will

not have a substantial, direct effect on

the States or on the distribution of

power and responsibilities among

various levels of government. The rule

will not limit the policymaking

discretion of the States. Nothing in it

would directly preempt any State law or

regulation. Because the rule will have

no significant effect on State or local

governments, no consultations with

those governments on this rule were

necessary.

Paperwork Reduction Act

This proposal 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

33 CFR Part 401

Hazardous materials transportation,

Navigation (water), Radio reporting and

record keeping requirements, Vessels,

Waterways.

33 CFR Part 402

Vessels, Waterways.

Accordingly, the Saint Lawrence

Seaway Development Corporation

proposes to amend part 401—Seaway

Regulations and Rules and part 402—

Tariff of Tolls (33 CFR part 402) as

follows:

PART 401—[AMENDED]

1. The authority citation for part 401

continues to read as follows:

Authority: 33 U.S.C. 983(a) and 984(a)(4),

as amended; 49 CFR 1.52, unless otherwise

noted.

2. Section 401.2 would be amended

by revising paragraph (b) to read as

follows:

§ 401.2 Interpretation.

* * * * *

(b) Flashpoint means the lowest

temperature of a flammable liquid at

which its vapor forms an ignitable

mixture with air as determined by the

closed-cup method.

* * * * *

3. Section 401.22 would be amended

by adding a new paragraph (c) to read

as follows:

§ 401.22 Preclearance of vessels.

* * * * *

(c) A non-commercial vessel with a

tonnage displacement of less than 317.5

tons cannot apply for preclearance

status and must transit as a pleasure

craft.

* * * * *

§ 401.75 [Amended]

4. Section 401.75 would be amended

by removing the words ‘‘Canadian or

American funds’’ in paragraph (b) and

adding in their place the words ‘‘U.S.

funds or the equivalent in Canadian

funds’’.

5. Part 402—Tariff of Tolls would be

revised to read as follows:

PART 402—TARIFF OF TOLLS

Sec.

402.1 Purpose.

402.2 Title.

402.3 Interpretation.

402.4 Tolls.

402.5 Description and weight of cargo.

402.6 Post-clearance date operational

surcharges.

402.7 Coming into force.

402.8 Schedule of tolls.

402.9 Operational surcharges—no

postponements.

402.10 Operational surcharges after

postponements.

Authority: 33 U.S.C. 983(a), 984(a)(4), and

988, as amended; 49 CFR 1.52.

§ 402.1 Purpose.

This regulation prescribes the charges

to be assessed for the full or partial

transit of the St. Lawrence Seaway

between Montreal, Quebec, and Lake

Erie.

§ 402.2 Title.

This tariff may be cited as the St.

Lawrence Seaway Tariff of Tolls

(Schedule of Tolls in Canada).

§ 402.3 Interpretation.

In this tariff,

(a) Bulk cargo means cargo consisting

of goods, loose or in mass, that generally

must be shoveled, pumped, blown,

scooped or forked in the handling and

includes:

(1) Cement, loose or in sacks;

(2) Coke and petroleum coke, loose or

in sacks;

(3) Domestic cargo;

(4) Liquids carried in vessels’ tanks;

(5) Ores and minerals (crude,

screened, sized or concentrated, but not

otherwise processed) loose or in sacks,

including alumina, bauxite, coal, gravel,

phosphate rock, sand, stone and

sulphur;

(6) Pig iron and scrap metals;

(7) Lumber, pulpwood, poles and

logs, loose or bundled;

(8) Raw sugar, flour, loose or in sacks;

(9) Wood pulp, loose or in bales; and

(10) Material for recycling, scrap

material, refuse and waste.

(b) 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 and the tare

weight of loaded containers;

(2) ships’ 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.

(c) Containerized cargo means cargo

shipped in a container that is enclosed,

permanent, reusable, nondisposable,

weather tight.

(d) Corporation means the Saint

Lawrence Seaway Development

Corporation;

(e) Domestic cargo means cargo the

shipment of which originates at one

Canadian point and terminates at

another Canadian point, or originates at

one United States point and terminates

at another United States point, but does

9754 Federal Register / Vol. 66, No. 28 / Friday, February 9, 2001 / Proposed Rules

not include import or export cargo

designated at the point of origin for

transshipment by water at a point in

Canada or in the United States;

(f) General cargo means other than

bulk cargo, grain, government aid cargo,

steel slabs and coal;

(g) Government aid cargo means:

(1) Processed food products that are

donated by, or the purchase of which

has been financed on concessional

terms by, the federal government of the

United States or Canada for the

purposes of nutrition, economic

development, emergency, or disaster

relief programs; and

(2) Food cargo that is:

(i) Owned or financed by a non-profit

organization or cooperative;

(ii) Intended for use in humanitarian

or development assistance overseas; and

(iii) Stamped or otherwise shown to

have been declared as such to that is

certified by the customs service of the

United States or Canada.

(h) Grain means barley, corn, oats,

flaxseed, rapeseed, soybeans, field crop

seeds, buckwheat, dried beans, dried

peas, rye, wheat, grain screenings or

meal from those grains;

(i) Manager means the St.Lawrence

Seaway Management Corporation;

(j) Metric ton means 1,000 kilograms

(2204.62 pounds);

(k) Passenger means any person being

transported through the Seaway who

has paid a fare for passage;

(l) Pleasure craft means a vessel,

however propelled, that is used

exclusively for pleasure and does not

carry passengers;

(m) Seaway includes all facilities and

services authorized under Public Law

358, 83rd Congress, May 13, 1954,

enacted by the Congress of the United

States, as amended, (33 U.S.C. 981, et

seq.) and the meaning ascribed to it

under the Canada Marine Act;

(n) Vessel (ship in Canada) means

every type of craft used as a means of

transportation on water, except a vessel

owned or employed by the or the

Corporation.

§ 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 § 402.8. Each charge is

calculated based upon the description

set out in column 1 of § 402.8 and the

rate set out in column 2 or 3.

(b) The toll is assessed against the

vessel, its cargo and its passengers for a

complete or partial transit of the Seaway

and covers a single trip in one direction.

(c) The toll is due from the

representative of the vessel within 45

days after the day on which the vessel

enters the first lock of a transit of the

Seaway.

§ 402.5 Description and weight of cargo.

For the purposes of calculating

applicable tolls:

(a) A cord of pulpwood is taken to

weigh 1,450 kilograms (3,196.70

pounds); and

(b) The cargo tonnage used rounded to

the nearest 1,000 kilograms (2,204.62

pounds).

§ 402.6 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 § 402.9 within a

period after the clearance date

established by the Manager and the

Corporation set out in column 2 of

§ 402.9 shall pay operational surcharges

in the amount set out in column 3 of

§ 402.9, 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 of § 402.10 within a period after the

clearance date established by the

Manager and the Corporation set out in

column 2 of § 402.10 shall pay

operational surcharges in the amount set

out in column 3 of § 402.10, prorated on

a per-lock basis.

(c) A vessel that is authorized to

transit the Seaway after the period of 96

hours after the clearance date

established by the Manager and the

Corporation shall pay, in addition to the

operational surcharge, an amount equal

to the incremental expenses incurred by

the Manager to keep the Seaway open

for the transit of the vessel.

§ 402.7 Coming into force.

In Canada, this Tariff and the tolls set

forth herein come into force from the

date on which this Tariff is filed with

the Canadian Transportation Agency.

§ 402.8 Schedule of Tolls.

Item Column 1.

Description of charges

Column 2.

Rate ($) Montreal to or from Lake Ontario (5 locks)

Column 3.

Rate ($) Welland Canal—

Lake Ontario to or from

Lake Erie (8 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 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 in the United States or

under the International Convention on Tonnage

Measurement of Ships, 1969, as amended from

time to time.

0.0866 ...................................................................... 0.1408.

(2) A charge per metric ton of cargo as certified on

the ship’s manifest or other document, as follows:

(a) Bulk cargo .......................................................... 0.8984 ...................................................................... 0.5953.

(b) General cargo ..................................................... 2.1648 ...................................................................... 0.9526.

(c) Steel slab ............................................................ 1.9592 ...................................................................... 0.6820.

(d) Containerized cargo ........................................... 0.8984 ...................................................................... 0.5953.

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

(f) Grain ................................................................... 0.5520 ...................................................................... 0.5953.

(g) Coal .................................................................... 0.5304 ...................................................................... 0.5953.

(3) A charge per passenger per lock ....................... 1.2773. ..................................................................... 1.2773

(4) A charge per lock for transit of the Welland

Canal in either direction by cargo ships:

(a) Loaded ................................................................ n/a ............................................................................ 475.42.

(b) In ballast ............................................................. n/a ............................................................................ 351.26.

Federal Register / Vol. 66, No. 28 / Friday, February 9, 2001 / Proposed Rules 9755

Item Column 1.

Description of charges

Column 2.

Rate ($) Montreal to or from Lake Ontario (5 locks)

Column 3.

Rate ($) Welland Canal—

Lake Ontario to or from

Lake Erie (8 locks)

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 percent per lock of the

applicable charge

under items 1(1) and

(2) plus the applicable

charge under items

1(3) and (4).

3. ........... Minimum charge per ship per lock transited for full

or partial transit of the Seaway.

15.92 ........................................................................ 15.92.

4. ........... A rebate applicable for the 2001 navigation season

to the rates of item 1 to 3.

Rebate of 1.5% ........................................................ Rebate of 1.5%.

5. ........... A charge per pleasure craft per lock transited for

full or partial transit of the Seaway, including applicable federal taxes 1.

20.00 ........................................................................ 20.00.

1The applicable charge at the Saint Lawrence Seaway Development Corporation’s locks (Eisenhower, Snell) is $20 U.S. or $30 Canadian per

lock. The other amounts shown 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. 988a(a)).

§ 402.9 Operational surcharges—no postponements.

Item Column 1.

Place in Montreal-Lake Ontario section

Column 2.

Period after clearance date

Column 3.

Amount ($)

(5 locks) 1

(a) ........ Cape Vincent (downbound) or Cap Saint-Michel

(upbound).

(a) 24 hours ......................................................................... 20,000

(b) 24 hours or more but less than 48 hours ...................... 40,000

(c) 48 hours or more but less than 72 hours ...................... 60,000

(d) 72 hours or more but less than 96 hours ...................... 80,000

(b) ........ Port, dock or wharf within St. Lambert-Iroquois lock segment.(a) 24 hours n/a

(b) 24 hours or more but less than 48 hours ...................... 20,000

(c) 48 hours or more but less than 72 hours ...................... 40,000

(d) 72 hours or more but less than 96 hours ...................... 60,000

1Prorated on a per-lock basis.

9756 Federal Register / Vol. 66, No. 28 / Friday, February 9, 2001 / Proposed Rules

§ 402.10 Operational Surcharges after postponements.

Item Column 1.

Place in Montreal-Lake Ontario section

Column 2.

Period after clearance date

Column 3.

Amount ($)

(5 locks) 1

(a) ........ Cape Vincent (downbound) or Cap Saint-Michel

(upbound):.

(1) If the postponement is for 24 hours ............................... (a) 24 hours or more but less than 36 hours ...................... 20,000

(b) 36 hours or more but less than 48 hours ...................... 40,000

(c) 48 hours or more but less than 72 hours ...................... 60,000

(d) 72 hours or more but less than 96 hours ...................... 80,000

(2) If the postponement is for 48 hours ............................... (a) 48 hours or more but less than 56 hours ...................... 20,000

(b) 56 hours or more but less than 64 hours ...................... 40,000

(c) 64 hours or more but less than 72 hours ...................... 60,000

(d) 72 hours or more but less than 96 hours ...................... 80,000

(3) If the postponement is for 72 hours ............................... (a) 72 hours or more but less than 78 hours ...................... 20,000

(b) 78 hours or more but less than 84 hours ...................... 40,000

(c) 84 hours or more but less than 90 hours ...................... 60,000

(d) 90 hours or more but less than 96 hours ...................... 80,000

(b) ........ Port, dock or wharf within St. Lambert—Iroquois lock segment:

(1) If the postponement is for 24 hours (a) 24 hours or more but less than 48 hours ...................... n/a

(b) 48 hours or more but less than 60 hours ...................... 20,000

(c) 60 hours or more but less than 72 hours ...................... 40,000

(d) 72 hours or more but less than 96 hours ...................... 60,000

(2) If the postponement is for 48 hours ............................... (a) 48 hours or more but less than 72 hours ...................... n/a

(b) 72 hours or more but less than 80 hours ...................... 20,000

(c) 80 hours or more but less than 88 hours ...................... 40,000

(d) 88 hours or more but less than 96 hours ...................... 60,000

(3) If the postponement is for 72 hours or more ................. (a) 72 hours or more but less than 96 hours ...................... n/a

1 Prorated on a per-lock basis.

Issued at Washington, DC, on February 5,

2001.

Saint Lawrence Seaway Development

Corporation.

Marc C. Owen,

Chief Counsel.

[FR Doc. 01–3490 Filed 2–8–01; 8:45 am]

BILLING CODE 4910–61–P