[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.
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Tolls
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Montreal to or from Lake Ontario to or
Lake Ontario from Lake Erie
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1991 1992 1993 1991 1992 1993
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(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
