[Federal Register Volume 79, Number 46 (Monday, March 10, 2014)]
[Rules and Regulations]
[Pages 13252-13254]
From the Federal Register Online via the Government Printing 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.

------------------------------------------------------------------------
                    Column 1             Column 2           Column 3
            ------------------------------------------------------------
                                         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)
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
\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