[Federal Register: January 31, 2007 (Volume 72, Number 20)]
[Rules and Regulations]
[Page 4430-4432]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31ja07-7]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development Corporation
33 CFR Part 402
[Docket No. SLSDC 2006-26584]
RIN 2135-AA25
Tariff of Tolls
AGENCY: Saint Lawrence Seaway Development Corporation, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
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 2007 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. Also,
the SLSDC is changing the toll charged per pleasure craft using the
U.S. locks from $25 U.S. or $30 Canadian to $30 U.S. or $30 Canadian.
Several minor editorial corrections are being made in Sec. 402.3,
``Interpretation.'' and Sec. 402.6, ``Description and weight of
cargo.'' (See Supplementary Information.)
DATES: This rule is effective March 2, 2007.
FOR FURTHER INFORMATION CONTACT: Craig H. Middlebrook, Acting Chief
Counsel, Saint Lawrence Seaway Development Corporation, 400 Seventh
Street, SW., Washington, DC 20590, (202) 366-0091.
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 402.8, ``Schedule of
tolls'', to reflect the fees and charges levied by the SLSMC in Canada
beginning in the 2007 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 was necessary on these amendments.
The SLSDC is amending 33 CFR 402.8, ``Schedule of tolls'', to
increase the minimum charge per vessel per lock for full or partial
transit of the Seaway from $20.40 to $25.00. 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.
The SLSDC is modifying its practice regarding the collection of
pleasure craft tolls by allowing pleasure craft operators to pay the
toll for transiting the U.S. locks, Eisenhower and Snell, in either $30
U.S. or $30 Canadian. Currently the toll is payable in $25 U.S. or $30
Canadian; however, this has resulted in confusion to pleasure craft
operators when transiting both Canadian and U.S. locks. With almost
eighty (80) percent of the tolls for pleasure crafts being paid in
Canadian dollars and little disparity between the U.S. and Canadian
exchange rates, the SLSDC is streamlining the pleasure craft toll
collection process by allowing for payment in either $30 U.S. or $30
Canadian. Additionally, the SLSDC is making several minor editorial
changes to 33 CFR402.3 and 33 CFR 402.5. Interested parties have been
afforded an opportunity to comment; however no comments were received.
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.
[[Page 4431]]
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 revising paragraph (a)(5), (b)(1) and
(f) to read as follows
Sec. 402.3 Interpretation.
* * * * *
(a) * * *
(5) Ores and minerals (crude, screened, sized or concentrated, but
not otherwise processed) loose or in sacks, including alumina, bauxite,
gravel, phosphate rock, sand, stone and sulphur;
* * * * *
(b) * * *
(1) Empty containers or the tare weight of loaded containers;
* * * * *
(f) General cargo means goods other than bulk cargo, grain,
government aid cargo, steel slabs and coal.
* * * * *
0
3. Section 402.5 is amended by revising paragraph (b) to read as
follows:
Sec. 402.5 Description and weight of cargo.
* * * * *
(b) The cargo tonnage shall be rounded to the nearest 1,000
kilograms (2,204.62 pounds.)
0
4. Section 402.8 is revised to read as follows:
Sec. 402.8 Schedule of tolls.
------------------------------------------------------------------------
Column 3 Rate
Column 2 Rate ($) ($) Welland
Column 1 Item--description of Montreal to or Canal--Lake
charges from Lake Ontario Ontario to or
(5 locks) 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 0.0966............ 0.1568
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.
(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............ 0.6634
(b) general cargo............ 2.4124............ 1.0616
(c) steel slab............... 2.1833............ 0.7600
(d) containerized cargo...... 1.0012............ 0.6634
(e) government aid cargo..... n/a............... n/a
(f) grain.................... 0.6151............ 0.6634
(g) coal..................... 0.5911............ 0.6634
(3) a charge per passenger per 1.4233............ 1.4233
lock.
(4) a charge per lock for
transit of the Welland Canal
in either direction by cargo
ships:
(a) loaded................... n/a............... 529.79
(b) in ballast............... n/a............... 391.43
2. Subject to item 3, for partial 20 percent per 13 percent per
transit of the Seaway. lock of the lock of the
applicable charge applicable
under items 1(1) charge under
and (2) plus the items 1(1) and
applicable charge (2) plus the
under items 1(3) applicable
and (4). charge under
items 1(3) and
(4).
3. Minimum charge per ship per 25.00............. 25.00
lock transited for full or
partial transit of the Seaway.
4. A rebate applicable to the n/a............... n/a
rates of item 1 to 3.
5. A charge per pleasure craft 25.00............. 25.00
per lock transited for full or
partial transit of the Seaway,
including applicable federal
taxes \1\.
6. Subject to item 3, in lieu
of item 1(4), for vessel
carrying new cargo on the
Welland Canal or returning
ballast after carrying new
cargo on the Welland Canal, a
charge per gross registered
ton of the ship, the gross
registered tonnage being
calculated according to item
1(1):
(a) loaded................... n/a............... 0.1561
(b) in ballast............... n/a............... 0.1144
[[Page 4432]]
7. Subject to item 3, in lieu of 0.0000............ n/a
item 1(1), for vessel carrying
new cargo on the MLO section or
returning ballast after carrying
new cargo on the MLO Section, a
charge per gross registered ton
of the ship, the gross
registered tonnage being
calculated according to item
1(1):
------------------------------------------------------------------------
Issued at Washington, DC on January 22, 2007.
Saint Lawrence Seaway Development Corporation.
Collister Johnson, Jr.,
Administrator.
[FR Doc. E7-1535 Filed 1-30-07; 8:45 am]
BILLING CODE 4910-61-P