Tariff of Tolls

Federal Register, Volume 83 Issue 57 (Friday, March 23, 2018)

Federal Register Volume 83, Number 57 (Friday, March 23, 2018)

Rules and Regulations

Pages 12667-12669

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

FR Doc No: 2018-05904

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DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 402

Docket No. SLSDC-2016-0005

RIN 2135-AA44

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 2018 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.) The Tariff of Tolls will become effective in Canada on March 29, 2018. 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.

DATES: This rule is effective on March 29, 2018.

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.

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 2018 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)).

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 $28.01 to $28.29. 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 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 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.

Page 12668

List of Subjects in 33 CFR Part 402

Vessels, Waterways.

Accordingly, the Saint Lawrence Seaway Development Corporation amends 33 CFR part 402 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. Revise Sec. 402.12 to read as follows:

    Sec. 402.12 Schedule of tolls.

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    Column 1 Column 2 Column 3

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    Rate ($)

    Rate ($) Welland Canal--

    Item Description of Montreal to or Lake Ontario to

    charges from Lake or from Lake

    Ontario (5 Erie (8 locks)

    locks)

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  3. Subject to item 3,

    for complete transit

    of the Seaway, a

    composite toll,

    comprising:

    (1) a charge per 0.1093.......... 0.1749.

    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....... 1.1329.......... 0.7733.

    (b) general cargo.... 2.298........... 1.2376.

    (c) steel slab....... 2.4706.......... 0.8860.

    (d) containerized 1.1329.......... 0.7733.

    cargo.

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

    cargo.

    (f) grain............ 0.6960.......... 0.7733.

    (g) coal............. 0.6891.......... 0.7733.

    (3) a charge per 1.6974.......... 1.6974.

    passenger per lock.

    (4) a lockage charge n/a............. 0.2913.

    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............. 4,074.

    charge per vessel.

  4. 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).

  5. Minimum charge per 28.29 \2\....... 28.29.

    vessel per lock

    transited for full

    or partial transit

    of the Seaway.

  6. A charge per pleasure 30.00 \4\....... 30.00.

    craft per lock

    transited for full

    or partial transit

    of the Seaway,

    including applicable

    federal taxes \3\.

  7. 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.

  8. 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.

  9. Under the New Service 20%............. 20%.

    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.

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    \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 (33 U.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.

    Page 12669

    Issued at Washington, DC, on March 19, 2018.

    Saint Lawrence Seaway Development Corporation.

    Carrie Lavigne,

    Chief Counsel.

    FR Doc. 2018-05904 Filed 3-22-18; 8:45 am

    BILLING CODE P

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