[Federal Register Volume 60, Number 215 (Tuesday, November 7, 1995)] [Rules and Regulations] [Pages 56121-56122] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-27482] ======================================================================= ----------------------------------------------------------------------- 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. To improve the competitiveness of the Seaway, the Corporation and the Authority have established that the Tariff charges for the 1995 season under the Tariff Schedule are the same as for the 1994 season. In addition, the Corporation and the Authority have continued, for competitive purposes, the Incentive Tolls Program and revised the volume rebate to broaden the base years and clarify the reporting requirements for the volume rebate. EFFECTIVE DATE: November 7, 1995. FOR FURTHER INFORMATION CONTACT: Marc C. Owen, Chief Counsel, Saint Lawrence Seaway Development Corporation, 400 Seventh Street, S.W., Washington, D.C. 20590, (202) 366-0091. SUPPLEMENTARY INFORMATION: In an effort to improve the Seaway's competitiveness, the section 402.8, the Schedule of Tolls, charges are continued for the 1995 at the 1994 season levels. Accordingly, no change is required to the Schedule as it now appears. The Corporation and the Authority also are continuing and revising, for competitive purposes, the Incentive Tolls Program. In section 402.9, the discount for new business, subsection (a) is amended to reflect its applicability to the 1995 navigation season and subsection (c) is amended in part to change the base years for calculating the discount from 1991 through 1993 to 1992 through 1994. In section 402.11, volume rebates, subsection (a) are amended to reflect its applicability to the 1995 navigation season and subsections (b) and (c) are amended to change the base years for calculating the rebate from three years, 1991 through 1993, to four years, 1991 through 1994. The base years for the subsection (c) proviso on mergers or take-overs are also changed from 1991 through 1994 to 1991 through 1995. Finally, subsection (d) is amended to change the submission date for the traffic history description for the purposes of calculating the rebate to the end of the 1995 season and to clarify what specific information is required, i.e., the shipper's or receiver's Seaway traffic history for 1991, 1992, 1993, 1994, and 1995 by port, vessel name, transit date, commodity description, and tonnage. An exchange of diplomatic notes between Canada and the United States approving this amendment occurred on October 18, 1995. 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 it 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 402.9 is amended by revising paragraph (a) and the first sentence of paragraph (c) introductory text as follows: Sec. 402.9 Incentive tolls. (a) Notwithstanding anything contained in this Tariff, the portion of the composite toll related to charges per metric ton of cargo charged on new business shall be reduced by fifty percent for a Seaway transit beginning and ending during the 1995 navigation year. * * * * * (c) For the purposes of this section, ``new business'' means cargo that has not moved through a Seaway lock between an origin and a destination as defined in this paragraph (c) during the navigation seasons of 1992, 1993, and 1994 or cargo that has moved through a Seaway lock in quantities representing less than five percent of the average of Seaway traffic between an origin and a destination during the navigation seasons of 1992, 1993, and 1994. * * * * * * * * 3. Section 402.11 is amended by revising the first sentence of paragraph (a) and paragraphs (b), (c), and (d) as follows: Sec. 402.11 Volume discount. (a) A volume rebate shall be granted to a shipper of downbound cargo or to a receiver of upbound cargo at the end of the 1995 navigation season after [[Page 56122]] payment of the full toll specified in the schedule under the tariff in Sec. 402.8 of this part if shipments of a particular commodity during 1995 exceed by a minimum of 25,000 tons the shipper's or receiver's highest tonnage for that particular commodity during 1991, 1992, 1993, or 1994 in the Seaway. * * * (b) Volume rebates shall be granted only with respect to commodities whose shipper and receiver have shipped or received the subject commodity in the years 1991, 1992, 1993, and 1994 and have not been subject of a merger or take-over during 1991, 1992, 1993, 1994, or 1995. (c) The volume rebate shall be equal to a 50 percent reduction of the portion of the composite toll related to charges per metric ton of cargo paid for the shipments that surpass the shippers or receiver's highest tonnage for that commodity during 1991, 1992, 1993, or 1994. Payment of rebates will be made directly to the qualified receiver or shipper. (d) A description of the shipper's or receiver's Seaway traffic history for 1991, 1992, 1993, 1994, and 1995 by port, vessel name, transit date, commodity description, and tonnage shall be submitted by the shipper or receiver prior to the end of 1995 and shall be subject to audit by the Authority. * * * * * Issued at Washington, D.C. on October 27, 1995. Saint Lawrence Seaway Development Corporation. David G. Sanders, Acting Administrator. [FR Doc. 95-27482 Filed 11-6-95; 8:45 am] BILLING CODE 4910-61-P