[Federal Register Volume 59, Number 13 (Thursday, January 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1296]


[[Page Unknown]]

[Federal Register: January 20, 1994]


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DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 402

 

Tariff of Tolls

AGENCY: Saint Lawrence Seaway Development Corporation, DOT.

ACTION: Final rule.

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SUMMARY: The Saint Lawrence Seaway Development Corporation and the St. 
Lawrence Seaway Authority of Canada have jointly established and 
presently administer the St. Lawrence Seaway Tariff of Tolls. This 
Tariff sets forth the level of tolls assessed on all commodities and 
vessels transiting the facilities operated by the Corporation and the 
Authority. The Authority proposed to the Corporation that the Tariff be 
amended to provide a separate commodity entry for coal for the 1993 
season, which is now included under the bulk rate entry. The toll for 
coal will be lowered to 65 cents per metric ton for the Montreal to or 
from Lake Ontario section of the Seaway. The Corporation and the 
Authority are doing this as a first step in developing a market 
oriented toll structure to attract commodities with the greatest 
potential for growth. The Authority also proposed to the Corporation 
that the business incentive toll for passenger vessels be discontinued. 
Experience has shown that this incentive toll has caused an undesirable 
competitive imbalance among passenger vessel concerns using the Seaway.

EFFECTIVE DATE: January 20, 1994.

FOR FURTHER INFORMATION CONTACT:
Marc C. Owen, Chief Counsel, Saint Lawrence Seaway Development 
Corporation, 400 Seventh Street, SW., Washington, DC 20590, (202) 366-
0091.

SUPPLEMENTARY INFORMATION: Paragraph (b)(5) of Sec. 402.3 is amended by 
deleting ``coal'' from the list of ores and minerals included within 
the definition of ``bulk cargo'' and adding the phrase, ``but excluding 
coal'' to that list. In addition, Sec. 402.8(a)(2) is amended to add 
``coal'' as a separate entry with a 1993 toll of 65 cents per metric 
ton for the Montreal to or from Lake Ontario section of the Seaway and 
a 1993 toll of 55 cents per metric ton for the Lake Ontario to or from 
Lake Erie (Welland Canal) section. The latter remains at the same rate 
as that for bulk cargo. The Corporation and the Authority are doing 
this as a first step in developing a market oriented toll structure to 
attract commodities with the greatest potential for growth. It is hoped 
that the toll reduction will encourage new trade, such as the movement 
of low-sulfur coal from the Powder River Basin of Montana
    Section 402.9 also is amended to remove paragraphs (f) through (i), 
the business incentive toll for passenger vessels. The removed 
provisions provided a new business incentive toll for any passenger 
vessel that did not move through a Seaway lock during the 1988 and 1989 
navigation seasons or the three navigation seasons immediately 
preceding the season in which a new business refund is submitted. Under 
this program, a qualifying passenger vessel received a 25% discount of 
the passenger per lock charge each transit it carried 20 passengers or 
more and a 50% discount for each transit it carried 20 or more 
passengers. Experience has shown that this incentive toll caused an 
undesirable competitive imbalance among passenger vessel concerns using 
the Seaway. One comment on this amendment was received in response to 
the Notice of Proposed Rulemaking. The commentor, a passenger vessel 
concern that had qualified for the incentive toll, objected to its 
removal. After considering the comment, the Authority and the 
Corporation still agree that the provision unfairly favored passenger 
vessel concerns that had not previously used the Seaway system over 
those that had. Notwithstanding, the Corporation has made it clear to 
the Authority that it intends to pursue agreement in negotiations 
between them for the 1994 Tariff on a new passenger vessel incentive 
toll that is fair to all concerns.
    An exchange of diplomatic notes between Canada and the United 
States approving this amendment occurred on December 7, 1993.

Regulatory Evaluation

    This final rule involves a foreign affairs function of the United 
States, and therefore, Executive Order 12866 does not apply. This final 
rule has also been evaluated under the Department of Transportation's 
Regulatory Policies and Procedures and is not considered significant 
under those procedures and its economic impact is expected to be so 
minimal that a full economic evaluation is not warranted.

Regulatory Flexibility Act Determination

    The Saint Lawrence Seaway Development Corporation certifies that 
this final rule will not have a significant economic impact on a 
substantial number of small entities. The St. Lawrence Seaway Tariff of 
Tolls relates to the activities of 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 final rule 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 human environment.

Federalism

    The Corporation has analyzed this final rule under the principles 
and criteria in Executive Order 12612 and has determined that this 
proposal does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

List of Subjects in 33 CFR Part 402

    Vessels, Waterways.

    Accordingly, the Saint Lawrence Seaway Development Corporation 
amends part 402--Tariff of Tolls (33 CFR part 402) as follows:

PART 402--[AMENDED]

    1. The authority citation for 33 CFR part 402 continues to read as 
follows:

    Authority: 68 Stat. 93, 33 U.S.C. 981-990.

    2. Section 402.3 is amended by revising paragraph (b)(5) to read as 
follows:


Sec. 402.3  Interpretation.

* * * * *
    (b) * * *
    (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, but excluding coal;
* * * * *
    3. Section 402.8 is amended by adding a new entry at the end of 
paragraph (a)(2) in the table to read as follows:


Sec. 402.8  Schedule of tolls.

------------------------------------------------------------------------
                                               Tolls                    
                         -----------------------------------------------
                            Montreal to or from     Lake Ontario to or  
                               Lake Ontario           from Lake Erie    
                         -----------------------------------------------
                           1991    1992    1993    1991    1992    1993 
------------------------------------------------------------------------
(a) ***.................                                                
    (2) ***.............                                                
        --Coal..........      NA      NA    0.65      NA      NA    0.55
                                                                        
                              * * * * * * *                             
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Sec. 402.9  [Amended]

    4. Section 402.9 is amended by removing paragraphs (f) through (i).

    Issued at Washington, DC on January 11, 1994.

    Saint Lawrence Seaway Development Corporation.
Stanford E. Parris,
Administrator.
[FR Doc. 94-1296 Filed 1-19-94; 8:45 am]
BILLING CODE 4910-61-M