Rule2023-05007
Tariff of Tolls
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 13, 2023
Effective
March 22, 2023
Issuing agencies
Transportation DepartmentGreat Lakes St. Lawrence Seaway Development Corporation
Abstract
The Great Lakes St. Lawrence Seaway Development Corporation (GLS) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Tariff of Tolls in their respective jurisdictions. The Tariff sets forth the level of tolls assessed on all commodities and vessels transiting the facilities operated by the GLS and the SLSMC. The GLS is revising its regulations to reflect the fees and charges levied by the SLSMC in Canada starting in the 2023 navigation season, which are effective only in Canada.
Full Text
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<title>Federal Register, Volume 88 Issue 48 (Monday, March 13, 2023)</title>
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[Federal Register Volume 88, Number 48 (Monday, March 13, 2023)]
[Rules and Regulations]
[Pages 15274-15276]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05007]
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DEPARTMENT OF TRANSPORTATION
Great Lakes St. Lawrence Seaway Development Corporation
33 CFR Part 402
RIN 2135-AA54
Tariff of Tolls
AGENCY: Great Lakes St. Lawrence Seaway Development Corporation, DOT.
ACTION: Final rule.
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SUMMARY: The Great Lakes St. Lawrence Seaway Development Corporation
(GLS) and the St. Lawrence Seaway Management Corporation (SLSMC) of
Canada, under international agreement, jointly publish and presently
administer the St. Lawrence Seaway Tariff of Tolls in their respective
jurisdictions. The Tariff sets forth the level of tolls assessed on all
commodities and vessels transiting the facilities operated by the GLS
and the SLSMC. The GLS is revising its regulations to reflect the fees
and charges levied by the SLSMC in Canada starting in the 2023
navigation season, which are effective only in Canada.
DATES: This rule is effective on March 22, 2023.
ADDRESSES: Docket: For access to the docket to read background
documents or comments received, go to <a href="http://www.Regulations.gov">http://www.Regulations.gov</a>; or in
person at the Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-001, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Carrie Mann Lavigne, Chief Counsel,
Great Lakes St. Lawrence Seaway Development Corporation, 180 Andrews
Street, Massena, New York 13662; (315) 764-3200.
SUPPLEMENTARY INFORMATION: The Great Lakes St. Lawrence Seaway
Development Corporation (GLS) and the St. Lawrence Seaway Management
Corporation (SLSMC) of Canada, under international agreement, jointly
publish and presently administer the St. Lawrence Seaway Tariff of
Tolls (Schedule of Fees and Charges in Canada) in their respective
jurisdictions.
The Tariff sets forth the level of tolls assessed on all
commodities and vessels transiting the facilities operated by the GLS
and the SLSMC. The GLS is revising 33 CFR 402.12, ``Schedule of
tolls'', to reflect the fees and charges levied by the SLSMC in Canada
beginning in the 2023 navigation season.
Regulatory Notices: Privacy Act: Anyone is able to search the
electronic form of all comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78) or you may visit <a href="http://www.Regulations.gov">http://www.Regulations.gov</a>.
Regulatory Evaluation
This regulation involves a foreign affairs function of the United
States and therefore, Executive Order 12866 does not apply and
evaluation under the Department of Transportation's Regulatory Policies
and Procedures is not required.
Regulatory Flexibility Act Determination
I certify this regulation will not have a significant economic
impact on a substantial number of small entities. The St. Lawrence
Seaway Tariff of Tolls primarily relate to 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 regulation does not require an environmental impact statement
under
[[Page 15275]]
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
the human environment.
Federalism
The Corporation has analyzed this rule under the principles and
criteria in Executive Order 13132, dated August 4, 1999, and has
determined that this proposal does not have sufficient federalism
implications to warrant a Federalism Assessment.
Unfunded Mandates
The Corporation has analyzed this rule under Title II of the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 109 Stat. 48) and
determined that it does not impose unfunded mandates on State, local,
and tribal governments and the private sector requiring a written
statement of economic and regulatory alternatives.
Paperwork Reduction Act
This regulation has been analyzed under the Paperwork Reduction Act
of 1995 and does not contain new or modified information collection
requirements subject to the Office of Management and Budget review.
List of Subjects in 33 CFR Part 402
Vessels, Waterways.
Accordingly, the Great Lakes St. Lawrence Seaway Development
Corporation amends 33 CFR part 402 as follows:
PART 402--TARIFF OF TOLLS
0
1. The authority citation for part 402 continues to read as follows:
Authority: 33 U.S.C. 983(a), 984(a)(4), and 988, as amended; 49
CFR 1.101.
Subpart A--Regulations
0
2. Amend Sec. 402.3 by:
0
a. Revising the definitions of ``Cargo'', ``Commodity'', and
``Containerized Cargo'';
0
b. Removing the definition of ``Duration;'' and
0
c. Revising the definitions of ``New business'' and ``Volume
commitment''.
The revisions read as follows:
Sec. 402.3 Interpretation.
* * * * *
Cargo means all goods aboard a vessel whether carried as revenue or
non-revenue freight or carried for the vessel owner, but does not
include:
(1) Empty containers or the tare weight of loaded containers;
(2) Vessels' fuel, ballast or stores;
(3) The personal effects of crew or passengers; or
(4) In transit cargo that is carried both upbound and downbound in
the course of the same voyage.
* * * * *
Commodity means cargo that has been defined as a commodity in the
Manager's commodity codes.
Containerized cargo means cargo shipping in a container. Containers
are used to transport freight in multiple modes: vessel, rail, and
truck. There are many configurations: Dry, insulated or thermal,
refrigerated or reefer, flat racks and platforms, open top and tank.
Typical dimensions: 8 feet in width, 8 feet 6 inches or 9 feet 6 inches
in height and 20 feet or 40 feet in length. Less common lengths
include, for example, 24, 28, 44, 45, 46, 48, 53, and 56 feet.
* * * * *
New business means:
(1) Containerized cargo moved by vessel in the Seaway at any time
in a navigation season;
(2) A commodity/origin/destination combination in which the
commodity moved by vessel in the Seaway at any time in a navigation
season:
(i) Originating at a point inside Canada or the United States of
America or at a country outside Canada or the United States of America,
provided that such commodity has not originated from such point or
country, as the case may be, at any time in any of the five consecutive
navigation seasons immediately preceding the then current navigation
season;
(ii) Destined to a point inside Canada or the United States of
America or a country outside Canada or the United States of America,
provided that such commodity has not been destined to such point or
country, as the case may be, at any time in any of the five consecutive
navigation seasons immediately preceding the then current navigation
season;
(iii) Originating at a point inside Canada or the United States of
America or a country outside Canada or the United States of America and
destined to a point inside Canada or the United States of America or a
country outside Canada or the United States of America, provided that
such Commodity was previously moved by any mode of transportation other
than by vessel at all times in the five consecutive navigation seasons
immediately preceding the then current navigation season; or
(iv) That has not moved through either section of the Seaway in any
of the five consecutive navigation seasons immediately preceding the
then current navigation season, in a volume exceeding 10,000 metric
tons.
* * * * *
Volume commitment means the negotiated annual cargo tonnage, with a
minimum of 75,000 metric tons per year, a shipper/receiver must reach
for the negotiated toll reduction under the Gateway Incentive to become
applicable.
* * * * *
0
3. Amend Sec. 402.4 by revising paragraph (b) to read as follows:
Sec. 402.4 Tolls.
* * * * *
(b) The toll is assessed against the vessel and its cargo for a
complete or partial transit of the Seaway and covers a single trip in
one direction.
* * * * *
0
4. Amend Sec. 402.8 by revising paragraphs (b) introductory text, (c),
(e), and (f) and adding paragraph (g) to read as follows:
Sec. 402.8 Gateway Incentive.
* * * * *
(b) To be eligible for the refund applicable under the Gateway
Incentive program, a shipper/receiver, or its representative, must:
* * * * *
(c) The shipper/receiver, or its representative, will qualify
annually for the negotiated toll reduction upon completion of the
annual volume commitment.
* * * * *
(e) The shipper/receiver, or its representative, will provide the
Manager with a request for the Gateway Incentive refund, together with
copies of any documents required to support the request, within sixty
(60) days of the close of the navigation season. Requests for refunds
should be submitted to the Manager who will be responsible for
reviewing all documents and data and recommending the refund under the
Gateway Incentive.
(f) The negotiated Gateway Incentive percentage of tolls reduction
paid in respect of qualifying cargo shipped will be refunded by the
Manager after the close of the navigation season, once the Manager has
confirmed through the review of submitted support documents that the
shipper/receiver has met the volume commitment. The Manager reserves
the right to require the ultimate origin and destination of cargoes to
validate the commitment.
(g) The Manager reserves the right to immediately terminate any
Gateway Incentive agreement.
0
5. Revise Sec. 402.12 to read as follows:
[[Page 15276]]
Sec. 402.12 Schedule of tolls.
Table 1 to Sec. 402.12
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Column 1 Column 2 Column 3
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Rate ($)--
Rate ($)-- Welland Canal--
Item Description of Montreal to or Lake Ontario to
charges from Lake or from Lake
Ontario (5 Erie (8 locks)
locks)
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1............. Subject to item 3,
for complete transit
of the Seaway, a
composite toll,
comprising:
(1) A charge per
gross registered ton
of the vessel,
applicable whether
the vessel is wholly
or partially laden,
or is in ballast,
and the gross
registered tonnage
being calculated
according to
prescribed rules for
measurement or under
the International
Convention on
Tonnage Measurement
of Ships, 1969, as
amended from time to
time \1\
(a) All vessels 0.1218.......... 0.1949.
excluding passenger
vessels
(b) Passenger 0.3655.......... 0.5846.
vessels.
(2) A charge per
metric ton of cargo
as certified on the
vessel's manifest or
other document, as
follows:
(a) Bulk cargo.... 1.2628.......... 0.8620.
(b) General cargo. 3.0428.......... 1.3796.
(c) Steel slab.... 2.7539.......... 0.9876.
(d) Containerized 1.2628.......... 0.8620.
cargo.
(e) Government aid n/a............. n/a.
cargo.
(f) Grain......... 0.7758.......... 0.8620.
(g) Coal.......... 0.7758.......... 0.8620.
(3) A charge per 0.0000.......... 0.0000.
passenger per lock
(4) A lockage charge n/a............. 0.3247.
per Gross Registered
Ton of the vessel,
as defined in item
1(1), applicable
whether the vessel
is wholly or
partially laden, or
is in ballast, for
transit of the
Welland Canal in
either direction by
cargo vessels
Up to a maximum n/a............. 4541.6800.
charge per vessel.
2............. Subject to item 3, 20 per cent per 13 per cent per
for partial transit lock of the lock of the
of the Seaway applicable applicable
charge under charge under
items 1(1), items 1(1),
1(2) and 1(4) 1(2) and 1(4)
plus the plus the
applicable applicable
charge under charge under
items 1(3). items 1(3).
3............. Minimum charge per 31.5244 \2\..... 31.5224.
vessel per lock
transited for full
or partial transit
of the Seaway
4............. A charge per pleasure 30.00 \2\....... 30.00.
craft per lock
transited for full
or partial transit
of the Seaway,
including applicable
federal taxes \3\
5............. Under the New 20%............. 20%.
Business Initiative
Program, for cargo
accepted as New
Business, a
percentage rebate on
the applicable cargo
charges for the
approved period
6............. Under the Volume 10%............. 10%.
Rebate Incentive
program, a
retroactive
percentage rebate on
cargo tolls on the
incremental volume
calculated based on
the pre-approved
maximum volume
7............. Under the New Service 20%............. 20%.
Incentive Program,
for New Business
cargo moving under
an approved new
service, an
additional
percentage refund on
applicable cargo
tolls above the New
Business rebate
------------------------------------------------------------------------
\1\ Or under the US GRT for vessels prescribed prior to 2002.
\2\ The applicable charged under item 3 at the Great Lakes St. Lawrence
Seaway Development Corporation's locks (Eisenhower, Snell) will be
collected in U.S. dollars. The collection of the U.S. portion of tolls
for commercial vessels is waived by law (33 U.S.C. 988a(a)). The other
charges are in Canadian dollars and are for the Canadian share of
tolls.
\3\ The applicable charge at the Great Lakes St. Lawrence Seaway
Development Corporation's locks (Eisenhower, Snell) for pleasure craft
is $30 U.S. or $30 Canadian per lock.
\4\ $5.00 discount per lock applicable on ticket purchased for Canadian
locks via online reservation and payment system.
Issued at Washington, DC, under authority delegated at 49 CFR
part 1.101 Great Lakes St. Lawrence Seaway Development Corporation.
Carrie Lavigne,
Chief Counsel.
[FR Doc. 2023-05007 Filed 3-10-23; 8:45 am]
BILLING CODE 4910-61-P
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</html>Indexed from Federal Register on March 13, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.