[Federal Register Volume 79, Number 46 (Monday, March 10, 2014)]
[Rules and Regulations]
[Pages 13252-13254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04938]
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DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development Corporation
33 CFR Part 402
RIN 2135-AA35
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 currently being levied by the SLSMC in Canada. The changes
affect the tolls for commercial vessels and are applicable only in
Canada. For consistency, because these are under international
agreement joint regulations, 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 upon publication. (See
Supplementary Information.)
DATES: This rule is effective on March 10, 2014.
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 402.10, ``Schedule of tolls'', to reflect
the fees and charges levied by the SLSMC in Canada. 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.
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 (65 FR 19477-19478) or you may visit
www.regulations.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 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.
Accordingly, the Saint Lawrence Seaway Development Corporation is
amending 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. In Sec. 402.3, add definitions for ``liner service,'' semi-liner
service,'' and ``service incentive'' in alphabetical order to read as
follows:
Sec. 402.3 Interpretation.
* * * * *
Liner service means one or more vessels operated by a single
operator on a fixed route between designated port, providing regularly
scheduled service for consignments of multiple commodities.
* * * * *
Semi-liner service means a reduced or limited liner service,
offering fewer regularly scheduled voyages and/or fewer designated
ports of calls.
Service incentive means a percentage reduction, as part of an
incentive program offered on applicable cargo tolls in respect of New
Business shipments made by way of any newly established regular service
out of the Great Lakes.
* * * * *
0
3. In Sec. 402.4, revise paragraph (d) and add paragraph (e) to read
as follows:
Sec. 402.4 Tolls.
* * * * *
(d) Except as set out in paragraph (e) of this section, the Volume
Rebate incentive cannot be combined (i.e., applied to the same cargo
movement) with either of the New Business Incentive or the Service
Incentive Programs.
[[Page 13253]]
(e) Except for cargoes that qualify for the New Business Incentive,
any cargo being shipped by a liner or semi-liner approved under the
Service Incentive program shall be eligible for the Volume Rebate
Incentive.
Sec. Sec. 402.7 through 402.12 as [Redesignated as Sec. Sec. 402.8
through 402.13]
0
4. Redesignate Sec. Sec. 402.7 through 402.12 as Sec. Sec. 402.8
through 402.13.
0
5. Add new Sec. 402.7 to read as follows:
Sec. 402.7 Service Incentive Program
(a) To be eligible for the Service Incentive Program, cargos must
qualify as New Business under the New Business Incentive Program, and
be shipped by a service meeting all of the requirements (Qualifying
Service):
(1) A liner or semi-liner service between the same ports;
(2) The service must call on multiple origin ports, or multiple
destination ports;
(3) The service must service markets outside of the Great Lakes;
and
(4) The service must not replace or displace any of the carrier's
existing services. The Manager reserves the right to require proof of
the ultimate origin and destination of cargoes in order to ensure there
is no diversion of existing cargoes.
(b) The Service incentive applies only to New Business applications
approved after the commencement date of the Qualifying Service. New
Business applications approved prior to the date of commencement of the
Qualifying Service will be ineligible for the Service Incentive
Program.
(c) The Service Incentive applies only to cargoes exported from the
Great Lakes, and is not applicable to import cargoes.
(d) The carrier will provide the Manager with written notice of its
intention to apply for the Service Incentive at least thirty (30) days
prior to implementation of the Qualifying Service.
(e) The carrier will advise the Manager of the proposed interval
(weekly, monthly, etc.) of the Qualifying Service, and the number of
calls scheduled for the Navigation Season. Additional calls to the
system may be added during the season.
(f) The carrier will advise the Manager of port rotation, outlining
core ports of calls when providing notification of schedule rotation.
Additional ports may be added at any time provided the core schedule
ports are called.
(g) The carrier will advertise the Qualifying Service on its own
Web site, available port Web sites, and with Manager's Assistance on
the HWY H20 Web site.
(h) The carrier must meet 75% schedule adherence with a minimum of
four (4) Great Lakes calls during the navigation season.
(i) The carrier will provide the Manager with a request for the
Service 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 for the Manager, who will be responsible
for reviewing and approving Service Incentive requests.
(j) Service Incentive of 20% of tolls paid in respect of cargo
shipped by Qualifying Service will be refunded by the Manager after the
close of the navigation season, once the Manager has confirmed that the
carrier has met the schedule adherence requirement.
0
6. Newly redesignated Sec. 402.11 is revised to read as follows:
Sec. 402.11 Schedule of tolls.
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Column 1 Column 2 Column 3
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Rate ($) Rate ($) Welland
Item Montreal to or Canal--Lake
Description of from Lake Ontario to or
charges Ontario (5 from Lake Erie
locks) (8 locks)
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1.......... Subject to item 3, ................. .................
for complete transit
of the Seaway, a
composite toll,
comprising:
(1) a charge per 0.1020 0.1632
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....... 1.0570 0.7215
(b) general cargo.... 2.5469 1.1546
(c) steel slab....... 2.3050 0.8266
(d) containerized 1.0570 0.7215
cargo.
(e) government aid n/a n/a
cargo.
(f) grain............ 0.6494 0.7215
(g) coal............. 0.6494 0.7215
(3) a charge per 1.5836 1.5836
passenger per lock.
(4) a lockage charge n/a 0.2718
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 3,801.00
charge per vessel.
2.......... Subject to item 3, 20 percent per 13 percent per
for partial transit lock of the lock of the
of the Seaway. applicable applicable
charge under charge under
items 1(1), 1(2) items 1(1), 1(2)
and 1(4) plus and 1(4) plus
the applicable the applicable
charge under charge under
items 1(3) items 1(3)
3.......... Minimum charge per 26.39 26.39
vessel per lock
transited for full
or partial transit
of the Seaway.
4.......... A charge per pleasure 30.00 \3\ 30.00
craft per lock
transited for full
or partial transit
of the Seaway,
including applicable
federal taxes. \2\
[[Page 13254]]
5.......... 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.
6.......... 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.
7.......... 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 charge at the Saint Lawrence Seaway Development
Corporation's locks (Eisenhower, Snell) for pleasure craft is $30 U.S.
or $30 Canadian per lock. The collection of the U.S. portion of tolls
for commercial vessels is waived by law (33 U.S.C. 988a(a)).
\3\ $5.00 discount per lock applicable on ticket purchased for Canadian
locks via PayPal.
Issued at Washington, DC, on March 3, 2014.
Saint Lawrence Seaway Development Corporation.
Carrie Lavigne,
Chief Counsel.
[FR Doc. 2014-04938 Filed 3-7-14; 8:45 am]
BILLING CODE 4910-61-P