[Federal Register Volume 59, Number 169 (Thursday, September 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21567]
[[Page Unknown]]
[Federal Register: September 1, 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. To improve the competitiveness of the Seaway, the
Corporation and the Authority are amending the Tariff to provide that
the charges for the 1994 season under the Tariff Schedule be the same
as for the 1993 season, except the toll for steel slab. In an effort to
increase steel slab shipments, the Corporation and the Authority are
promulgating a separate, lower toll for this commodity, which has been
included under the general cargo rate. In addition, the Corporation and
the Authority are, for competitive purposes, continuing and revising
the Incentive Tolls Program by increasing the amounts of the discounts
and rebates and their applicability.
EFFECTIVE DATE: September 1, 1994.
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 Corporation and the Authority are amending
Sec. 402.8, the Schedule of Tolls, to provide that the charges for the
1994 season under the Tariff Schedule are the same as for the 1993
season, except the toll for steel slab. In an effort to increase steel
slab shipments, the Corporation and the Authority are promulgating a
separate, lower toll for this commodity, which had been included under
the general cargo rate. This separate toll is a 25 cents per metric ton
reduction for each metric ton for vessels transiting both segments. As
a conforming amendment, paragraph (i) of Sec. 402.3, the definition of
``general cargo'' is amended to reflect that steel slab is no longer
included in this category. The Corporation and the Authority also are,
for competitive purposes, continuing and revising the Incentive Tolls
Program. Section 402.9 is amended to provide that a new business
incentive of a 50% discount be granted to a carrier immediately upon
application before transit or upon arrival at its destination. In
addition, North American origins and destinations are grouped into five
geographic regions to discourage cargo diversions. Additionally,
Sec. 402.11 is amended to provide that volume rebates of 50% are
available to both shippers and receivers of cargoes with a satisfactory
three year traffic history for the commodity involved. When a
particular shipper's or receiver's shipments of a specific commodity
exceed their highest single season tonnage amount of that commodity of
the previous three seasons by at least 25,000 metric tons, the rebate
is applied to all tons exceeding that previous high. This change
targets the rebates more directly to shippers and receivers. The
alternate use of bulkers program (Sec. 402.13) is continued, but
amended to include steel slab as a separate commodity. That section is
also amended to make clarifying, editorial changes that have proved
necessary from experience, but the manner in which the provision is
interpreted and administered does not change. Finally, a new
Sec. 402.15 is added to clarify that carriers, shippers, or receivers
are eligible to receive only one of the incentives, i.e., new business,
discount, bulk trade discount, or volume rebate, for any one shipment.
An exchange of diplomatic notes between Canada and the United
States approving this amendment occurred on July 12, 1994.
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 in 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 33 CFR Part 402 as follows:
PART 402--TARIFF OF TOLLS
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 (i) to read as
follows:
Sec. 402.3 Interpretation.
* * * * *
(i) General cargo means all goods not included in the definitions
under paragraphs (b), (g), (h), and (j) of this section, but excluding
steel slab;
* * * * *
3. Section 402.8 is revised to read as follows:
Sec. 402.8 Schedule of Tolls.
------------------------------------------------------------------------
Tolls
-------------------------
Lake
Montreal to Ontario to
or from or from
Lake Lake Erie
Ontario (Welland
(MLO) Canal)
effective effective
1994 1994
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(a) For transit of the Seaway, a composite
toll, comprising:
(1) A charge in dollars per gross
registered ton, according to national
registry of the vessel, applicable
whether the vessel is wholly or partially
laden, or is in ballast. (All vessels
shall have an option to calculate gross
registered tonnage according to
prescribed rules for measurement in
either Canada or the United States.)..... 0.11 0.13
(2) a charge in dollars per metric tons of
cargo as certified on ship's manifest or
other document, as follows:
Bulk Cargo............................ 1.10 0.55
Food Grains........................... 0.68 0.55
Feed Grains........................... 0.68 0.55
Coal.................................. 0.65 0.55
General Cargo......................... 2.66 0.88
Steel Slab............................ 2.41 0.63
Containerized Cargo................... 1.10 0.55
Government Aid........................ 0.00 0.00
(3) a charge in dollars per passenger per
lock..................................... 1.18 1.18
(4) a charge in dollars per lock for
complete or partial transit of the
Welland Canal in either direction by
cargo vessels, which may be shared by
cargo vessels in tandem:
(i) Loaded per: lock.................. N/A 440.00
(ii) In ballast: per lock............. N/A 325.00
(b) For partial transit of the Seaway:
(1) between Montreal and Lake Ontario, in
either direction, 15 percent per lock, of
the applicable toll.
(2) between Lake Ontario and Lake Erie, in
either direction, (Welland Canal), 13
percent per lock of the applicable toll.
(c) Minimum charge in dollars per vessel per
lock transited for full or partial transit of
the Seaway:
Pleasure craft\1\......................... 10.00 10.00
Other vessels............................. 15.00 15.00
------------------------------------------------------------------------
\1\Includes Federal Taxes where applicable.
4. Section 402.9 is revised to read 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 1994 navigation year.
(b) The discount mentioned in paragraph (a) of this section shall
be granted for the remainder of the navigation season if:
(1) A vessel carries, for each transit, 1,000 metric tons or more
of new business or a minimum of 1,000 cubic meters of new business
project cargo; and
(2) A complete and accurate application for a new business discount
is submitted to the Authority or the Corporation, on the form provided
by the Authority or the Corporation, for evaluation and audit by the
Authority or the Corporation prior to the beginning of a Seaway
transit.
(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 1991,
1992, and 1993 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 1991, 1992, and 1993. For the purposes of this paragraph
(c), origin and destination mean the country in which the cargo is
loaded or unloaded, but if the cargo is unloaded in North America,
origin and destination mean the geographic region in which the cargo is
unloaded, those geographic regions being as follows:
(1) the Gulf of St. Lawrence and St. Lambert Lock;
(2) St. Lambert Lock to Cape Vincent on the St. Lawrence River,
Lake Ontario and the Welland Canal;
(3) Lake Erie, Lake Huron, and connecting waters;
(4) Lake Michigan;
(5) Lake Superior and St. Mary's River; and
(6) ports elsewhere in North America in regions not specifically
described in subparagraphs (c) (1) through (5) of this section.
5. Section 402.11 is revised to read 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 1994
navigation season after payment of the full toll specified in the
schedule under the tariff in section 402.8 of this Part if shipments of
a particular commodity during 1994 exceed by a minimum of 25,000 tons
the shipper's or receiver's highest tonnage for that particular
commodity during 1991, 1992, or 1993 in the Seaway. Shippers will be
qualified based upon the particular commodity loaded at their port of
origin and receivers will be qualified based on the particular
commodity unloaded at their port of destination. Shippers and receivers
located within the Seaway will be qualified based on the total of their
upbound and downbound shipments or receipts of the particular
commodity. Should a shipper or receiver of the same commodity qualify
for a volume rebate, the rebate will be divided equally between the
shipper and receiver.
(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, and 1993 and have not been
subject of a merger or take-over during 1991, 1992, 1993, or 1994.
(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, or 1993. Payment
of rebates will be made directly to the qualified shipper or receiver.
(d) The Seaway traffic history describing the shipper's or
receiver's tonnage shall be submitted by the shipper or receiver prior
to the end of 1994 and shall be subject to audit by the Authority.
(e) Cargoes having been the subject of a new business discount or
an alternate use of bulker discount described in Sec. 402.13 of this
Part shall be excluded from the statistics used for calculation of
volume rebates.
6. Section 402.13 is revised to read as follows:
Sec. 402.13 Vessels engaged primarily in the bulk trade.
Notwithstanding any thing contained in this Tariff, the toll for
steel slab, general, or containerized cargo for any vessel documented
under the laws of the United States or registered in Canada in
accordance with the laws of Canada that has been engaged primarily in
the bulk trade within the St. Lawrence Seaway/Great Lakes system during
the three navigation seasons immediately preceding the applicable
season shall, upon written application to the Authority or the
Corporation prior the beginning of a Seaway transit, be the toll
charged for food grains specified in the schedule under the Tariff in
Sec. 402.8 of this Part.
7. A new Sec. 402.15 is added to read as follows:
Sec. 402.15 Single season discounts or rebate for same shipment.
Notwithstanding anything in the Tariff, a carrier, shipper, or
receiver shall obtain during a single navigation season, with respect
to the same shipment, only one of the following three: a new business
discount, as described in Sec. 402.9; a bulk trade discount, as
described in Sec. 402.13; or a volume rebate, as described in
Sec. 402.11.
Issued at Washington, DC on August 22, 1994.
Saint Lawrence Seaway Development Corporation.
Stanford E. Parris,
Administrator.
[FR Doc. 94-21567 Filed 8-31-94; 8:45 am]
BILLING CODE 4910-61-M
