[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 * * * * * * * ------------------------------------------------------------------------ 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