Tariff of Tolls

Federal Register, Volume 81 Issue 52 (Thursday, March 17, 2016)

Federal Register Volume 81, Number 52 (Thursday, March 17, 2016)

Rules and Regulations

Pages 14390-14392

From the Federal Register Online via the Government Publishing Office www.gpo.gov

FR Doc No: 2016-05950

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DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 402

Docket No. SLSDC 2016-0003

RIN 2135-AA38

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 starting in the 2016 navigation season, which are effective only in Canada. An amendment to increase the minimum charge per lock for those vessels that are not pleasure craft or subject in Canada to tolls under items 1 and 2 of the Tariff for full or partial transit of the Seaway will apply in the U.S. (See SUPPLEMENTARY INFORMATION.)

DATES: This rule will become effective on March 21, 2016.

ADDRESSES: Docket: For access to the docket to read background documents or comments received, go to http://www.Regulations.gov; or in person at the Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays.

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. A Notice of Proposed Rulemaking was published in the Federal Register on February 9, 2016. No comments were received. The joint regulations will become effective in Canada on March 21, 2016. For consistency, because these are joint regulations under international agreement, 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 on the same date.

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 402.12, ``Schedule of tolls'', to reflect the fees and charges levied by the SLSMC in Canada beginning in the 2016 navigation season. With one exception, 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.

The SLSDC is amending 33 CFR 402.12, ``Schedule of tolls'', to increase the minimum charge per vessel per lock for full or partial transit of the Seaway from $26.92 to $27.46. This charge is for vessels that are not pleasure craft or subject in Canada to the tolls under items 1 and 2 of the Tariff. This increase is due to higher operating costs at the locks.

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://dms.dot.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

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  1. The authority citation for part 402 continues to read as follows:

    Page 14391

    Authority: 33 U.S.C. 983(a), 984(a)(4), and 988, as amended; 49 CFR 1.52.

    0

  2. In Sec. 402.3, add definitions of ``Gateway Incentive'', ``Toll reduction'', and ``Volume commitment'' in alphabetical order to read as follows:

    Sec. 402.3 Interpretation.

    * * * * *

    Gateway Incentive means a percentage reduction, as part of an incentive program, negotiated and offered on applicable cargo tolls for shipments of a specific commodity diverted to the Seaway from a competing gateway.

    * * * * *

    Toll reduction means the negotiated percentage of refund on applicable cargo tolls under the Gateway Incentive program.

    * * * * *

    Volume commitment means the negotiated annual cargo tonnage, with a minimum of 250,000 metric tons per year, a shipper must reach for the negotiated toll reduction under the Gateway Incentive to become applicable.

    * * * * *

    0

  3. In Sec. 402.4, revise paragraph (a) 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. 402.12. Each charge is calculated on the description set out in column 1 of Sec. 402.12 and the rate set out in column 2 or 3.

    * * * * *

    Sec. Sec. 402.8, 402.9. 402.10, 402.11, 402.12, and 402.13 Redesignated as Sec. Sec. 402.9, 402.10, 402.11, 402.12, 402.13, and 402.14

    0

  4. Redesignate Sec. Sec. 402.8, 402.9. 402.10, 402.11, 402.12 and 402.13 as Sec. Sec. 402.9, 402.10, 402.11, 402.12, 402.13 and 402.14, respectively.

    0

  5. Add Sec. 402.8 to read as follows:

    Sec. 402.8 Gateway Incentive.

    (a) To be eligible for the Gateway Incentive, cargoes, must presently be moving between a specific origin and destination via other competing gateways.

    (b) To be eligible for the refund applicable under the Gateway Incentive program, a shipper, or its representative, must:

    (1) Submit an application to the Manager for the proposed movement (cargo/origin/destination) to be approved under the rules of the Gateway Incentive program;

    (2) Supply to the Manager the information proving that the proposed movement is currently done via a competing gateway;

    (3) Negotiate with the Manager the terms of the proposal, that is an applicable toll reduction, a volume commitment, and the duration of the proposal.

    (c) The shipper, or its representative, will qualify annually for the negotiated toll reduction upon completion of the annual volume commitment during the agreed upon duration period.

    (d) The Gateway Incentive applies only to movements of qualified cargoes done after the commencement date of the qualified Gateway Incentive. Movements done prior to the date of commencement of the Gateway Incentive will be ineligible for the rebate.

    (e) The shipper, or its representative, will provide the Manager with a request for the Gateway Incentive refund, together with copies of any documents required to support the request, within sixty (60 days) of the close of the navigation season. Requests for refunds should be submitted to the Manager, Revenue and Forecast, who will be responsible for reviewing all documents and data and recommending the refund under the Gateway Incentive.

    (f) The negotiated Gateway Incentive percentage of tolls reduction paid in respect of qualifying cargo shipped will be refunded by the Manager after the close of the navigation season, once the Manager has confirmed through the review of submitted support documents that the shipper has met the volume commitment. The SLSMC reserves the right to require the ultimate origin and destination of cargoes to validate the commitment.

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  6. In newly redesignated Sec. 402.10, revise paragraph (a) to read as follows:

    Sec. 402.10 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. 402.12 within a period after the clearance date established by the Manager and the Corporation set out in column 2 of Sec. 402.12 shall pay operational surcharges in the amount set out in column 3 of Sec. 402.12, prorated on a per-lock basis.

    * * * * *

    0

  7. Revise newly redesignated Sec. 402.12 to read as follows:

    Sec. 402.12 Schedule of tolls.

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

    Column 1 Column 2 Column 3

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

    Rate ($)

    Rate ($) Welland Canal--

    Description of Montreal to or Lake Ontario to

    Item charges from Lake or from Lake

    Ontario (5 Erie (8 locks)

    locks)

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

  8. Subject to item 3,

    for complete

    transit of the

    Seaway, a composite

    toll, comprising.

    (1) a charge per 0.1061......... 0.1698.

    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\.

    (2) a charge per

    metric ton of

    cargo as

    certified on the

    ship's manifest

    or other

    document, as

    follows:.

    (a) bulk cargo.. 1.0997......... 0.7506.

    (b) general 2.6498......... 1.2013.

    cargo.

    (c) steel slab.. 2.3981......... 0.8600.

    (d) 1.0997......... 0.7506.

    containerized

    cargo.

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

    aid cargo.

    (f) grain....... 0.6756......... 0.7506.

    (g) coal........ 0.6756......... 0.7506.

    (3) a charge per 1.6476......... 1.6476.

    passenger per

    lock.

    Page 14392

    (4) a lockage n/a............ 0.2827.

    charge per Gross

    Registered Ton of

    the vessel, as

    defined in tem

    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 n/a............ 3,955.

    charge per vessel.

  9. Subject to item 3, 20 per cent per 13 per cent per

    for partial transit lock of the lock of the

    of the Seaway. applicable applicable

    charge under charge under

    items 1(1), items 1(1),

    1(2) and 1(4) 1(2) and 1(4)

    plus the plus the

    applicable applicable

    charge under charge under

    items 1(3). items 1(3).

  10. Minimum charge per \2\ 27.46...... 27.46.

    vessel per lock

    transited for full

    or partial transit

    of the Seaway.

  11. A charge per \4\ 30.00...... 30.00.

    pleasure craft per

    lock transited for

    full or partial

    transit of the

    Seaway, including

    applicable federal

    taxes \3\.

  12. Under the New 20%............ 20%.

    Business Initiative

    Program, for cargo

    accepted as New

    Business, a

    percentage rebate

    on the applicable

    cargo charges for

    the approved period.

  13. Under the Volume 10%............ 10%.

    Rebate Incentive

    program, a

    retroactive

    percentage rebate

    on cargo tolls on

    the incremental

    volume calculated

    based on the pre-

    approved maximum

    volume.

  14. Under the New 20%............ 20%.

    Service 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 charged under item 3 at the Saint Lawrence Seaway

    Development Corporation's locks (Eisenhower, Snell) will be collected

    in U.S. dollars. The collection of the U.S. portion of tolls for

    commercial vessels is waived by law (33U.S.C. 988a(a)). The other

    charges are in Canadian dollars and are for the Canadian share of

    tolls.

    \3\ $5.00 discount per lock applicable on ticket purchased for Canadian

    locks via paypal.

    \4\ 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.

    Issued at Washington, DC, on March 11, 2016.

    Saint Lawrence Seaway Development Corporation.

    Carrie Lavigne,

    Chief Counsel.

    FR Doc. 2016-05950 Filed 3-16-16; 8:45 am

    BILLING CODE 4910-61-P

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