Federal Register: March 2, 2004 (Volume 69, Number 41)
DOCID: FR Doc 04-4546
DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development Corporation
CFR Citation: 33 CFR Part 402
Docket ID: [Docket No. SLSDC 04-17202]
RIN ID: RIN 2135-AA19
NOTICE: PROPOSED RULES
ACTION: Seaway regulations and rules:
DOCUMENT ACTION: Notice of proposed rulemaking.
SUBJECT CATEGORY:
Tariff of Tolls
DATES: Any party wishing to present views on the proposed amendment may file comments with the Corporation on or before April 1, 2004.
DOCUMENT SUMMARY:
The Saint Lawrence Seaway Development Corporation (SLSDC) and [[Page 9775]]
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 charged by the SLSMC in Canada starting in the 2004
navigation season, which are effective only in Canada. The SLSDC also
proposes an amendment to increase the minimum charge per lock transited
for full or partial transit of the Seaway to be charged by the SLSDC
for transit through the U.S. locks of vessels that are not pleasure
craft or vessels subject in Canada to the tolls under items 1 and 2 of
the Tariff. Since this latter proposed amendment would be of
applicability in the United States, comments are invited on only on
this. (See SUPPLEMENTARY INFORMATION.)
SUMMARY:
Tariff of tolls,
SUPPLEMENTAL 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 proposed amendments are described in the following summary.
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 proposing to revise Sec. 402.8, ``Schedule of Tolls,'' to reflect the fees and charges charged by the SLSMC in Canada starting in the 2004 navigation season. With one exception, the changes affect the tolls for commercial vessels and are 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)). Accordingly, no notice and comment is necessary on these amendments. The SLSDC also proposes an amendment to increase the minimum charge per lock transited for full or partial transit of the Seaway to be charged by the SLSDC for transit through the U.S. locks of vessels that are not pleasure craft or vessels subject in Canada to the tolls under items 1 and 2 of the Tariff. Since only this latter proposed amendment would be of applicability in the United States, comments are invited on only on this. The specific change proposed is to amend Sec. 402.8, ``Schedule of Tolls'', to increase the per lock charge for transit through a U.S. lock from $16.44 to $16.77. This increase is due to higher operating costs at the locks.
Regulatory Evaluation
This proposed 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
The Saint Lawrence Seaway Development Corporation certifies that this proposed regulation will 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 reg.) because it is not a major Federal action significantly affecting the quality of human environment.
Federalism
The Corporation has analyzed this proposed rule under the principles and criteria in Executive Order 13132, Dated August 4, 1999, and has determined that it does not have sufficient federalism implications to warrant a Federalism Assessment.
Unfunded Mandates
The Corporation has analyzed this proposed rule under title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 1044, 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 proposed 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 proposes to amend 33 CFR part 402, Tariff of Tolls, as follows: PART 402TARIFF OF TOLLS
1. The authority citation for part 402 would continue to read as follows:
Authority: 33 U.S.C. 983(a), 984(a)(4), and 988, as amended; 49 CFR 1.52.
2. Section 402.8 would be revised to read as follows: Sec. 402.8 Schedule of tolls.
Rate ($) Montreal to or
Item Description of charges from Lake Ontario (5 Rate ($) Welland CanalLake Ontario to
locks) or from Lake Erie (8 locks)
Column 1 Column 2................ Column 3 1................ Subject to item 3, for
complete transit of the
Seaway, a composite
toll, comprising:
[[Page 9776]]
(1) A charge per 0.0912.................. 0.1482. 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.
(2) A charge per metric
ton of cargo as
certified on the ship's
manifest or other
document, as follows:
(a) Bulk cargo..... 0.9461.................. 0.6268.
(b) General cargo.. 2.2795.................. 1.0031.
(c) Steel slab..... 2.0630.................. 0.7181.
(d) Containerized 0.9461.................. 0.6268. cargo.
(e) Government aid N/A..................... N/A. cargo.
(f) Grain.......... 0.5812.................. 0.6268.
(g) Coal........... 0.5585.................. 0.6268.
(3) A charge per 1.3449.................. 1.3449. passenger per lock.
(4) A charge per lock
for transit of the
Welland Canal in either
direction by cargo
ships:
(a) Loaded......... N/A..................... 500.61.
(b) In ballast..... N/A..................... 369.87.
2................ Subject to item 3, for 20 per cent per lock of 13 per cent per lock of the applicable
partial transit of the the applicable charge charge under items 1(1) and (2) plus the
Seaway. under items 1(1) and applicable charge under items 1(3) and
(2) plus the applicable (4).
charge under items 1(3) and (4).
3................ Minimum charge per ship 16.77................... 16.77. per lock transited for
full or partial transit
of the Seaway.
4................ A rebate applicable for Rebate of 0%............ Rebate of 0%. the 2004 navigation
season to the rates of
item 1 to 3.
5................ A charge per pleasure 20.00................... 20.00. craft per lock
transited for full or
partial transit of the
Seaway, including
applicable Federal
taxes \1\.
\1\ The applicable charge at the Saint Lawrence Seaway Development Corporation's locks (Eisenhower, Snell) for
pleasure craft is $20 U.S. or $30 Canadian per lock. The applicable charge under item 3 at the Saint Lawrence
Seaway Development Corporation's locks (Eisenhower, Snell) will be collected in U.S. dollars. The other
amounts 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)).
Issued at Washington, DC, on February 26, 2004.
Saint Lawrence Seaway Development Corporation.
Marc C. Owen,
Chief Counsel.
[FR Doc. 044546 Filed 3104; 8:45 am]
BILLING CODE 491061P
FOR FURTHER INFORMATION CONTACT
Marc C. Owen, Chief Counsel, Saint Lawrence Seaway Development Corporation, 400 Seventh Street, SW., Washington, DC 20590, (202) 3666823.