2008 Rates for Pilotage on the Great Lakes, 15092-15096 [08-1063]
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Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations
LOUISIANA—OZONE (8-HOUR STANDARD)—Continued
Designation a
Category/classification
Designated area
Date 1
*
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*
Date 1
*
Type
*
Type
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a Includes
Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
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except Federal holidays. The telephone
number is 202–366–9329.
(4) Fax: 202–493–2251.
FOR FURTHER INFORMATION CONTACT: For
questions on this interim rule, please
call Mr. Paul Wasserman, Chief, Great
Lakes Pilotage Branch, Commandant
(CG–54122), U.S. Coast Guard, at 202–
372–1535, by fax 202–372–1929, or by
e-mail at Paul.M.Wasserman@uscg.mil.
For questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Dockets
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
*
[FR Doc. E8–5663 Filed 3–20–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
46 CFR Part 401
[USCG–2007–0039]
RIN 1625–AB23
2008 Rates for Pilotage on the Great
Lakes
Coast Guard, DHS.
Interim rule.
AGENCY:
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ACTION:
SUMMARY: As required by statute, the
Coast Guard has reviewed and is
updating the rates for pilotage service
on the Great Lakes for the 2008
navigation season. We are increasing
pilotage rates an average 8.17% over the
last ratemaking that was completed in
September 2007. This rulemaking
promotes the Coast Guard strategic goals
of maritime safety, protection of natural
resources, maritime security, and
maritime mobility.
DATES: This interim rule is effective
March 21, 2008. Comments and related
material must reach the Docket
Management Facility on or before April
21, 2008.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2007–0039 to the Docket
Management Facility at the U.S.
Department of Transportation. To avoid
duplication, please use only one of the
following methods:
(1) Online: https://
www.regulations.gov.
(2) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
(3) Hand delivery: Room W12–140 on
the Ground Floor of the West Building,
1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
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Table of Contents
I. Public Participation and Request for
Comments
II. Effective Date
III. Background and Purpose
IV. Discussion of Comments
V. Discussion of the Interim Rule
VI. Regulatory Evaluation
I. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided. We have an agreement with
the Department of Transportation (DOT)
to use the Docket Management Facility.
Please see DOT’s ‘‘Privacy Act’’
paragraph below.
A. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2007–0039),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. We recommend that you
include your name and a mailing
address, an e-mail address, or a phone
number in the body of your document
so that we can contact you if we have
questions regarding your submission.
You may submit your comments and
material by electronic means, mail, fax,
or delivery to the Docket Management
Facility at the address under ADDRESSES;
but please submit your comments and
material by only one means. If you
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submit them by mail or delivery, submit
them in an unbound format, no larger
than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit them by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period. We may
change this rule in view of them.
B. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov at any time.
Enter the docket number for this
rulemaking (USCG–2007–0039) in the
Search box, and click ‘‘Go >>.’’ You may
also visit the Docket Management
Facility in Room W12–140 on the
ground floor of the DOT West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
C. Privacy Act
Anyone can 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 the
Department of Transportation’s Privacy
Act Statement in the Federal Register
published on April 11, 2000 (65 FR
19477), or you may visit https://
DocketsInfo.dot.gov.
D. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one to the Docket Management
Facility at the address under ADDRESSES
explaining why one would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
II. Effective Date
This interim rule takes effect upon
publication in the Federal Register.
Under 5 U.S.C. 553(d), the Coast Guard
finds good cause for this interim rule to
take effect less than 30 days after
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Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations
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publication. Congress mandates that
Great Lakes pilotage rates be reviewed
and adjusted annually by March 1. This
interim rule cannot be issued until some
time after that date, but we expect it to
be issued close to the beginning of the
2008 Great Lakes shipping season in late
March. If the interim rule takes effect
upon publication, the Congressional
intent for rate adjustments before the
shipping season opens will essentially
be met. Although the public comments
received in response to our notice of
proposed rulemaking (NPRM; 73 FR
6085, Feb. 1, 2008) raised several
substantive issues that will require some
additional time for the Coast Guard to
review and to properly address in a final
rule, several comments pointed to the
need for early rate adjustment, and there
is no question that a rate adjustment at
least as large as that proposed in the
NPRM is fully justified. Therefore, to
delay implementation of a rate
adjustment that is unquestionably
justified, and that Congress intended the
Coast Guard to make in time for the
annual resumption of Great Lakes
shipping is both unnecessary and
contrary to the public interest, and the
Coast Guard finds good cause under 5
U.S.C. 553(d) for this interim rule to
take effect upon its publication in the
Federal Register.
III. Background and Purpose
The Great Lakes Pilotage Act of 1960,
codified in Title 46, Chapter 93, of the
United States Code (U.S.C.), requires
foreign-flag vessels and U.S.-flag vessels
in foreign trade to use Federal Great
Lakes registered pilots while transiting
the St. Lawrence Seaway and the Great
Lakes system. 46 U.S.C. 9302, 9308. The
Coast Guard is responsible for
administering this pilotage program,
which includes setting rates for pilotage
service. 46 U.S.C. 9303.
The Coast Guard pilotage regulations
require annual reviews of pilotage rates
and the creation of a new rate at least
once every five years, or sooner, if
annual reviews show a need. 46 CFR
part 404. Annual reviews ensure that
sufficient revenues are generated to
cover the annual projected allowable
expenses, target pilot compensation,
and returns on investment of the pilot
associations. 46 U.S.C. 9303(f) requires
that we conduct these reviews and make
appropriate rate adjustments by March 1
of every shipping season.
To assist in calculating pilotage rates,
the three Great Lakes pilotage
associations are required to submit to
the Coast Guard annual financial
statements prepared by certified public
accounting firms. In addition, every fifth
year, in connection with the full
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ratemaking, the Coast Guard contracts
with an independent accounting firm to
conduct audits of the accounts and
records of the pilotage associations and
to submit financial reports relevant to
the ratemaking process. In those years
when a full ratemaking is conducted,
the Coast Guard generates the pilotage
rates using Appendix A to 46 CFR Part
404. Between the five-year full
ratemaking intervals, the Coast Guard
annually reviews the pilotage rates
using Appendix C to 46 CFR Part 404,
and adjusts rates as appropriate.
The last ratemaking was completed by
publication of a final rule in the Federal
Register on September 18, 2007 (72 FR
53158). The annual review following the
2007 ratemaking showed a need to
adjust rates for the 2008 Great Lakes
shipping season. That adjustment was
the subject of the NPRM published in
the Federal Register on February 1,
2008.
IV. Discussion of Comments
The Coast Guard received six
comments in response to the NPRM.
The comments raised several issues that
we considered substantive and which
will require the Coast Guard to conduct
additional review to properly address.
Public comments on the NPRM
suggested that:
• We should revise our monthly
multiplier from 49.5 to 54.5 days;
• We should apply the AMO wage
rate and health insurance adjustments
that are in effect on August 1, 2008;
• The projected bridge hours for
Areas 2, 4, and 5 are too high when
compared to their 2007 actual bridge
hours experience;
• We need to address the Riker
Report on Great Lakes pilotage
ratemaking and revise the bridge hours
standards;
• We should increase our calculations
for the length of the navigation season
from 270 days to 284 days;
• We should raise our weighting
factor for smaller vessels from 1.0 to
1.15 in order to align with the
Canadians current system of weighting
factors;
• We should further justify our
proposal for clarifying the duty of
compliance with lawful orders; and
• We should place supporting
financial and contract documents in the
public docket.
At the same time, commenters also
commended the Coast Guard for acting
to put new rates in place early in the
2008 shipping season and urged us to
implement the rate adjustment as soon
as possible. We agree that action as
close to the beginning of the shipping
season as possible is very important,
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and we acknowledge that Congress has
set a March 1 deadline for taking that
action.
Although the comments on the NPRM
indicate a possible need for further rate
adjustments in 2008, there is no
question that a rate increase at least as
large as that proposed in the NPRM is
fully justified. Therefore, we are issuing
this interim rule in order to make the
presently justified rate adjustments as
close as possible to the beginning of the
2008 Great Lakes navigation season.
Other issues raised by the public in
their comments will be addressed in a
subsequent final rule which we hope to
issue by this summer.
V. Discussion of the Interim Rule
This interim rule puts into place,
without modification, the rate changes
that were proposed in the NPRM.
Because we are implementing this
portion of the NPRM proposals without
modification, we will not repeat the
extended discussion of these changes
that appears in the NPRM. We are
increasing pilotage rates in accordance
with the methodology outlined in
Appendix C to 46 CFR Part 404. The
rate changes for each individual pilotage
Area are shown in Table 1. They average
8.17% across all Areas. For a full
discussion of how rate changes were
calculated, see pages 6087 through 6094
of the NPRM.
Based upon comments received, we
are withholding implementation of the
amendments proposed to 46 CFR
§§ 401.700 and 401.710 to clarify the
obligation imposed on Great Lakes
registered pilots and authorized pilotage
pools to fully and professionally
cooperate in the course of performing
their duties with U.S. and Canadian
Coast Guard units and personnel, vessel
traffic service personnel, and other
lawful authority. Upon final review, we
will determine whether these
amendments should be implemented.
TABLE 1.—2008 AREA RATE CHANGES
If pilotage service is required
in:
Area 1
Area 2
ters)
Area 4
ters)
Area 5
Area 6
ters)
Area 7
Area 8
ters)
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(Designated waters)
(Undesignated wa...................................
(Undesignated wa...................................
(Designated waters)
(Undesignated wa...................................
(Designated waters)
(Undesignated wa...................................
21MRR1
Then the
percentage increases over
the current
rate is:
7.78
8.41
8.50
7.98
8.37
7.83
8.31
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Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations
VI. Regulatory Evaluation
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analysis based
on 13 of these statutes or executive
orders.
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A. Regulatory Analysis
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
The changes proposed in the February
1, 2008 NPRM have not been modified
for this interim rule. The cost and
population data contained in the NPRM
analysis is also unchanged for this
interim rule. Consequently, we adopt
the analysis from the NPRM for this
interim rule. This rule puts into place
the 8.17 percent average rate adjustment
for the Great Lakes system over the rate
adjustment found in the 2007 final rule.
The annual cost of the rate adjustment
in this rule to shippers is approximately
$1.0 million (non-discounted). The total
five-year present value cost estimate
(2008–2012) of this rule to shippers is
$4.4 million discounted at a seven
percent discount rate and $4.7 million
discounted at a three percent discount
rate. We use a five-year cost estimate
because the Coast Guard is required to
determine and, if necessary, perform a
full adjustment of Great Lakes pilotage
rates every five years.
B. Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule has a significant
economic impact on a substantial
number of small entities. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The analysis of the impact to small
entities in the NPRM resulted in a
finding that the proposed changes
would not have a significant impact on
a substantial number of small entities.
Since we received no comments
pertaining to small entities and the
analysis has not changed, we adopt the
NPRM’s analysis for this interim rule.
Therefore, the Coast Guard certifies
under 5 U.S.C. 605(b) that this rule does
not have a significant economic impact
on a substantial number of U.S. small
entities.
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C. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104–
121), we offered to assist small entities
in understanding the rule so that they
could better evaluate its effects on them
and participate in the rulemaking. If the
rule affects your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call Paul
Wasserman, Great Lakes Pilotage
Branch, (CG–54122), U.S. Coast Guard,
telephone 202–372–1535, or send him email at Paul.M.Wasserman@uscg.mil.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247).
D. Collection of Information
Under the Paperwork Reduction Act
of 1995, (44 U.S.C. 3501–3520), the
Office of Management and Budget
(OMB) reviews each rule that contains
a collection of information requirement
to determine whether the practical value
of the information is worth the burden
imposed by its collection. Collection of
information requirements include
reporting, record keeping, notification,
and other similar requirements.
This rule calls for no new collection
of information under the Paperwork
Reduction Act. This rule does not
change the burden in the collection
currently approved by the Office of
Management and Budget under OMB
Control Number 1625–0086, Great Lakes
Pilotage Methodology.
E. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism because
there are no similar State regulations,
and the States do not have the authority
to regulate and adjust rates for pilotage
services in the Great Lakes system.
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F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule would not result in
such expenditure, we do discuss the
economic impact of this rule elsewhere
in this preamble.
G. Taking of Private Property
This rule would not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
H. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
J. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
K. Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
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Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations
require a Statement of Energy Effects
under Executive Order 13211.
L. Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. § 272 note) directs agencies to
use voluntary consensus standards in
their regulatory activities unless the
agency provides Congress, through the
Office of Management and Budget, with
an explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies. This rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
M. Environment
We have analyzed this rule under
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f). We
have concluded that this action is not
likely to have a significant effect on the
human environment and that there are
no factors in this case that would limit
the use of a categorical exclusion under
section 2.B.2 of the Instruction.
Therefore, we believe this rule should
be categorically excluded, under figure
2–1, paragraph (34)(a), of the
Instruction, from further environmental
documentation. Paragraph 34(a) pertains
to minor regulatory changes that are
editorial or procedural in nature. This
rule adjusts rates in accordance with
applicable statutory and regulatory
mandates. A final ‘‘Environmental
Analysis Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are available
in the docket where indicated under
ADDRESSES.
List of Subjects in 46 CFR part 401
Administrative practice and
procedure, Great Lakes, Navigation
(water), Penalties, Reporting and
recordkeeping requirements, Seamen.
I For the reasons discussed in the
preamble, the Coast Guard amends 46
CFR part 401 as follows:
2. In § 401.405, revise paragraphs (a)
and (b), including the footnote to Table
(a), to read as follows:
I
§ 401.405 Basic rates and charges on the
St. Lawrence River and Lake Ontario.
*
*
*
*
*
(a) Area 1 (Designated Waters):
Service
St. Lawrence River
Basic Pilotage
$14 per Kilometer or $25
per mile.1
$310.1
Each Lock
Transited.
Harbor Movage
$1,016.1
1 The
minimum basic rate for assignment of
a pilot in the St. Lawrence River is $678, and
the maximum basic rate for a through trip is
$2,976.
(b) Area 2 (Undesignated Waters):
Service
Lake Ontario
Six-Hour Period ....................
Docking or Undocking ..........
PART 401—GREAT LAKES PILOTAGE
REGULATIONS
1. The authority citation for part 401
continues to read as follows:
I
Authority: 46 U.S.C. 2104(a), 6101, 7701,
8105, 9303, 9304; Department of Homeland
Security Delegation No. 0170.1 46 CFR
401.105 also issued under the authority of 44
U.S.C. 3507.
$517
493
3. In § 401.407 revise paragraphs (a)
and (b), including the footnote to Table
(b), to read as follows:
I
§ 401.407 Basic rates and charges on Lake
Erie and the navigable waters from
Southeast Shoal to Port Huron, MI.
*
*
*
*
*
(a) Area 4 (Undesignated Waters):
Lake Erie
(East of
Southeast
Shoal)
Service
Six-Hour Period .......................................................................................................................................................
Docking or Undocking .............................................................................................................................................
Any Point on the Niagara River below the Black Rock Lock ..................................................................................
Buffalo
$695
536
N/A
$695
536
1,368
(b) Area 5 (Designated Waters):
Southeast
Shoal
Any point on or in
Toledo or any port on Lake Erie west of Southeast Shoal .....................
Port Huron Change Point ........................................................................
St. Clair River ...........................................................................................
Detroit or Windsor or the Detroit River ....................................................
Detroit Pilot Boat ......................................................................................
1 When
4. In § 401.410, revise paragraphs (a),
(b), and (c) to read as follows:
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§ 401.410 Basic rates and charges on
Lakes Huron, Michigan, and Superior, and
the St Mary’s River.
*
Detroit River
Detroit Pilot
Boat
$1,084
3,702
N/A
2,382
1,835
$2,382
2,400
2,400
1,084
N/A
$1,835
1,867
2,400
N/A
N/A
$1,835
1 3,195
1 3,195
1,835
1,327
St. Clair
River
N/A
1,327
1,084
2,400
2,400
pilots are not changed at the Detroit Pilot Boat.
I
*
Toledo or
any point on
Lake Erie
west of
Southeast
Shoal
*
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*
(a) Area 6 (Undesignated Waters):
Lakes Huron
and Michigan
Service
Six-Hour Period ....................
*
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Service
Sfmt 4700
$519
Lakes Huron
and Michigan
Docking or Undocking ..........
(b) Area 7 (Designated Waters):
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15096
Federal Register / Vol. 73, No. 56 / Friday, March 21, 2008 / Rules and Regulations
Area
De Tour
Gros Cap .....................................................................................................................................
Algoma Steel Corporation Wharf at Sault Ste. Marie Ontario ....................................................
Any point in Sault Ste. Marie, Ontario, except the Algoma Steel Corporation Wharf ................
Sault Ste. Marie, MI .....................................................................................................................
Harbor Movage ............................................................................................................................
(c) Area 8 (Undesignated Waters):
Service
Lake Superior
Six-Hour Period ....................
Docking or Undocking ..........
§ 401.420
Temporary rule; modification of
a closure.
ACTION:
$503
478
[Amended]
5. In § 401.420—
a. In paragraph (a), remove the
number ‘‘$86’’ and add, in its place, the
number ‘‘$93’’; and remove the number
‘‘$1,349’’ and add, in its place, the
number ‘‘$1,459’’.
I b. In paragraph (b), remove the
number ‘‘$86’’ and add, in its place, the
number ‘‘$93’’; and remove the number
‘‘$1,349’’ and add, in its place, the
number ‘‘$1,459’’.
I c. In paragraph (c)(1), remove the
number ‘‘$510’’ and add, in its place,
the number ‘‘$552’’; in paragraph (c)(3),
remove the number ‘‘$86’’ and add, in
its place, the number ‘‘$93’’; and, also
in paragraph (c)(3), remove the number
‘‘$1,349’’ and add, in its place, the
number ‘‘$1,459’’.
I
I
§ 401.428
[Amended]
6. In § 401.428, remove the number
‘‘$520’’ and add, in its place, the
number ‘‘$562’’.
I
Dated: March 18, 2008.
James Watson,
Rear Admiral, U.S. Coast Guard, Acting
Assistant Commandant for Marine Safety,
Security and Stewardship.
[FR Doc. 08–1063 Filed 3–18–08; 4:02 pm]
BILLING CODE 4910–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 071106673–8011–02]
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RIN 0648–XG52
Fisheries of the Exclusive Economic
Zone Off Alaska; Atka Mackerel in the
Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
VerDate Aug<31>2005
20:55 Mar 20, 2008
Jkt 214001
SUMMARY: NMFS is opening directed
fishing for Atka mackerel in the Eastern
Aleutian District and the Bering Sea
subarea of the Bering Sea and Aleutian
Islands management area (BSAI) for
vessels participating in the BSAI trawl
limited access fishery. This action is
necessary to fully use the 2008 A season
total allowable catch (TAC) of Atka
mackerel in these areas specified for
vessels participating in the BSAI trawl
limited access fishery.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), March 18, 2008, through
1200 hrs, A.l.t., March 20, 2008.
Comments must be received at the
following address no later than 4:30
p.m., A.l.t., April 2, 2008.
ADDRESSES: Send comments to Sue
Salveson, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS, Attn:
Ellen Sebastian. You may submit
comments, identified by 0648–XG52, by
any one of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal website at
https://www.regulations.gov;
• Mail: P.O. Box 21668, Juneau, AK
99802;
• Fax: (907) 586–7557; or
• Hand delivery to the Federal
Building: 709 West 9th Street, Room
420A, Juneau, AK.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments. Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Jennifer Hogan, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
$1,853
1,853
1,553
1,553
N/A
Gros Cap
N/A
$698
698
698
N/A
Any Harbor
N/A
N/A
N/A
N/A
$698
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
NMFS closed the directed fishery for
Atka mackerel by vessels participating
in the BSAI trawl limited access fishery
in the Eastern Aleutian District and the
Bering Sea subarea on January 20, 2008
(73 FR 4494, January 25, 2008).
NMFS has determined that
approximately 159 mt of the 2008 A
season Atka mackerel TAC for vessels
participating in the BSAI trawl limited
access fishery in the Eastern Aleutian
District and the Bering Sea subarea
remain in the directed fishing
allowance. Therefore, in accordance
with § 679.25(a)(1)(i), (a)(2)(i)(C), and
(a)(2)(iii)(D), and to fully utilize the
2008 A season TAC of Atka mackerel in
these areas specified for vessels
participating in the BSAI trawl limited
access fishery, NMFS is terminating the
previous closure and is reopening
directed fishing for Atka mackerel by
vessels participating in the BSAI trawl
limited access fishery in the Eastern
Aleutian District and the Bering Sea
subarea. In accordance with
§ 679.20(d)(1)(iii), the Regional
Administrator finds that this directed
fishing allowance will be reached after
48 hours. Consequently, NMFS is
prohibiting directed fishing for the 2008
A season TAC of Atka mackerel in these
areas specified for vessels participating
in the BSAI trawl limited access fishery
effective 1200 hrs, A.l.t., March 20,
2008.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA,
(AA) finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such a requirement
is impracticable and contrary to the
public interest. This requirement is
E:\FR\FM\21MRR1.SGM
21MRR1
]]>Agencies
[Federal Register Volume 73, Number 56 (Friday, March 21, 2008)]
[Rules and Regulations]
[Pages 15092-15096]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-1063]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Part 401
[USCG-2007-0039]
RIN 1625-AB23
2008 Rates for Pilotage on the Great Lakes
AGENCY: Coast Guard, DHS.
ACTION: Interim rule.
-----------------------------------------------------------------------
SUMMARY: As required by statute, the Coast Guard has reviewed and is
updating the rates for pilotage service on the Great Lakes for the 2008
navigation season. We are increasing pilotage rates an average 8.17%
over the last ratemaking that was completed in September 2007. This
rulemaking promotes the Coast Guard strategic goals of maritime safety,
protection of natural resources, maritime security, and maritime
mobility.
DATES: This interim rule is effective March 21, 2008. Comments and
related material must reach the Docket Management Facility on or before
April 21, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2007-0039 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: https://www.regulations.gov.
(2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: For questions on this interim rule,
please call Mr. Paul Wasserman, Chief, Great Lakes Pilotage Branch,
Commandant (CG-54122), U.S. Coast Guard, at 202-372-1535, by fax 202-
372-1929, or by e-mail at Paul.M.Wasserman@uscg.mil. For questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Dockets Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Public Participation and Request for Comments
II. Effective Date
III. Background and Purpose
IV. Discussion of Comments
V. Discussion of the Interim Rule
VI. Regulatory Evaluation
I. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to https://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
A. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2007-0039), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this rule in
view of them.
B. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov at
any time. Enter the docket number for this rulemaking (USCG-2007-0039)
in the Search box, and click ``Go >>.'' You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
C. Privacy Act
Anyone can 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 the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit https://
DocketsInfo.dot.gov.
D. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
II. Effective Date
This interim rule takes effect upon publication in the Federal
Register. Under 5 U.S.C. 553(d), the Coast Guard finds good cause for
this interim rule to take effect less than 30 days after
[[Page 15093]]
publication. Congress mandates that Great Lakes pilotage rates be
reviewed and adjusted annually by March 1. This interim rule cannot be
issued until some time after that date, but we expect it to be issued
close to the beginning of the 2008 Great Lakes shipping season in late
March. If the interim rule takes effect upon publication, the
Congressional intent for rate adjustments before the shipping season
opens will essentially be met. Although the public comments received in
response to our notice of proposed rulemaking (NPRM; 73 FR 6085, Feb.
1, 2008) raised several substantive issues that will require some
additional time for the Coast Guard to review and to properly address
in a final rule, several comments pointed to the need for early rate
adjustment, and there is no question that a rate adjustment at least as
large as that proposed in the NPRM is fully justified. Therefore, to
delay implementation of a rate adjustment that is unquestionably
justified, and that Congress intended the Coast Guard to make in time
for the annual resumption of Great Lakes shipping is both unnecessary
and contrary to the public interest, and the Coast Guard finds good
cause under 5 U.S.C. 553(d) for this interim rule to take effect upon
its publication in the Federal Register.
III. Background and Purpose
The Great Lakes Pilotage Act of 1960, codified in Title 46, Chapter
93, of the United States Code (U.S.C.), requires foreign-flag vessels
and U.S.-flag vessels in foreign trade to use Federal Great Lakes
registered pilots while transiting the St. Lawrence Seaway and the
Great Lakes system. 46 U.S.C. 9302, 9308. The Coast Guard is
responsible for administering this pilotage program, which includes
setting rates for pilotage service. 46 U.S.C. 9303.
The Coast Guard pilotage regulations require annual reviews of
pilotage rates and the creation of a new rate at least once every five
years, or sooner, if annual reviews show a need. 46 CFR part 404.
Annual reviews ensure that sufficient revenues are generated to cover
the annual projected allowable expenses, target pilot compensation, and
returns on investment of the pilot associations. 46 U.S.C. 9303(f)
requires that we conduct these reviews and make appropriate rate
adjustments by March 1 of every shipping season.
To assist in calculating pilotage rates, the three Great Lakes
pilotage associations are required to submit to the Coast Guard annual
financial statements prepared by certified public accounting firms. In
addition, every fifth year, in connection with the full ratemaking, the
Coast Guard contracts with an independent accounting firm to conduct
audits of the accounts and records of the pilotage associations and to
submit financial reports relevant to the ratemaking process. In those
years when a full ratemaking is conducted, the Coast Guard generates
the pilotage rates using Appendix A to 46 CFR Part 404. Between the
five-year full ratemaking intervals, the Coast Guard annually reviews
the pilotage rates using Appendix C to 46 CFR Part 404, and adjusts
rates as appropriate.
The last ratemaking was completed by publication of a final rule in
the Federal Register on September 18, 2007 (72 FR 53158). The annual
review following the 2007 ratemaking showed a need to adjust rates for
the 2008 Great Lakes shipping season. That adjustment was the subject
of the NPRM published in the Federal Register on February 1, 2008.
IV. Discussion of Comments
The Coast Guard received six comments in response to the NPRM. The
comments raised several issues that we considered substantive and which
will require the Coast Guard to conduct additional review to properly
address.
Public comments on the NPRM suggested that:
We should revise our monthly multiplier from 49.5 to 54.5
days;
We should apply the AMO wage rate and health insurance
adjustments that are in effect on August 1, 2008;
The projected bridge hours for Areas 2, 4, and 5 are too
high when compared to their 2007 actual bridge hours experience;
We need to address the Riker Report on Great Lakes
pilotage ratemaking and revise the bridge hours standards;
We should increase our calculations for the length of the
navigation season from 270 days to 284 days;
We should raise our weighting factor for smaller vessels
from 1.0 to 1.15 in order to align with the Canadians current system of
weighting factors;
We should further justify our proposal for clarifying the
duty of compliance with lawful orders; and
We should place supporting financial and contract
documents in the public docket.
At the same time, commenters also commended the Coast Guard for
acting to put new rates in place early in the 2008 shipping season and
urged us to implement the rate adjustment as soon as possible. We agree
that action as close to the beginning of the shipping season as
possible is very important, and we acknowledge that Congress has set a
March 1 deadline for taking that action.
Although the comments on the NPRM indicate a possible need for
further rate adjustments in 2008, there is no question that a rate
increase at least as large as that proposed in the NPRM is fully
justified. Therefore, we are issuing this interim rule in order to make
the presently justified rate adjustments as close as possible to the
beginning of the 2008 Great Lakes navigation season. Other issues
raised by the public in their comments will be addressed in a
subsequent final rule which we hope to issue by this summer.
V. Discussion of the Interim Rule
This interim rule puts into place, without modification, the rate
changes that were proposed in the NPRM. Because we are implementing
this portion of the NPRM proposals without modification, we will not
repeat the extended discussion of these changes that appears in the
NPRM. We are increasing pilotage rates in accordance with the
methodology outlined in Appendix C to 46 CFR Part 404. The rate changes
for each individual pilotage Area are shown in Table 1. They average
8.17% across all Areas. For a full discussion of how rate changes were
calculated, see pages 6087 through 6094 of the NPRM.
Based upon comments received, we are withholding implementation of
the amendments proposed to 46 CFR Sec. Sec. 401.700 and 401.710 to
clarify the obligation imposed on Great Lakes registered pilots and
authorized pilotage pools to fully and professionally cooperate in the
course of performing their duties with U.S. and Canadian Coast Guard
units and personnel, vessel traffic service personnel, and other lawful
authority. Upon final review, we will determine whether these
amendments should be implemented.
Table 1.--2008 Area Rate Changes
------------------------------------------------------------------------
Then the
percentage
If pilotage service is required in: increases over
the current
rate is:
------------------------------------------------------------------------
Area 1 (Designated waters).............................. 7.78
Area 2 (Undesignated waters)............................ 8.41
Area 4 (Undesignated waters)............................ 8.50
Area 5 (Designated waters).............................. 7.98
Area 6 (Undesignated waters)............................ 8.37
Area 7 (Designated waters).............................. 7.83
Area 8 (Undesignated waters)............................ 8.31
------------------------------------------------------------------------
[[Page 15094]]
VI. Regulatory Evaluation
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analysis based on 13 of these statutes or executive orders.
A. Regulatory Analysis
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
The changes proposed in the February 1, 2008 NPRM have not been
modified for this interim rule. The cost and population data contained
in the NPRM analysis is also unchanged for this interim rule.
Consequently, we adopt the analysis from the NPRM for this interim
rule. This rule puts into place the 8.17 percent average rate
adjustment for the Great Lakes system over the rate adjustment found in
the 2007 final rule. The annual cost of the rate adjustment in this
rule to shippers is approximately $1.0 million (non-discounted). The
total five-year present value cost estimate (2008-2012) of this rule to
shippers is $4.4 million discounted at a seven percent discount rate
and $4.7 million discounted at a three percent discount rate. We use a
five-year cost estimate because the Coast Guard is required to
determine and, if necessary, perform a full adjustment of Great Lakes
pilotage rates every five years.
B. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule has a significant economic impact on a
substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The analysis of the impact to small entities in the NPRM resulted
in a finding that the proposed changes would not have a significant
impact on a substantial number of small entities. Since we received no
comments pertaining to small entities and the analysis has not changed,
we adopt the NPRM's analysis for this interim rule. Therefore, the
Coast Guard certifies under 5 U.S.C. 605(b) that this rule does not
have a significant economic impact on a substantial number of U.S.
small entities.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking. If the rule
affects your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please call Paul Wasserman, Great Lakes Pilotage Branch,
(CG-54122), U.S. Coast Guard, telephone 202-372-1535, or send him e-
mail at Paul.M.Wasserman@uscg.mil.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
D. Collection of Information
Under the Paperwork Reduction Act of 1995, (44 U.S.C. 3501-3520),
the Office of Management and Budget (OMB) reviews each rule that
contains a collection of information requirement to determine whether
the practical value of the information is worth the burden imposed by
its collection. Collection of information requirements include
reporting, record keeping, notification, and other similar
requirements.
This rule calls for no new collection of information under the
Paperwork Reduction Act. This rule does not change the burden in the
collection currently approved by the Office of Management and Budget
under OMB Control Number 1625-0086, Great Lakes Pilotage Methodology.
E. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism because there are no similar State regulations, and the
States do not have the authority to regulate and adjust rates for
pilotage services in the Great Lakes system.
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule would not result in such expenditure, we do
discuss the economic impact of this rule elsewhere in this preamble.
G. Taking of Private Property
This rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
H. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
J. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
K. Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not
[[Page 15095]]
require a Statement of Energy Effects under Executive Order 13211.
L. Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. Sec. 272 note) directs agencies to use voluntary consensus
standards in their regulatory activities unless the agency provides
Congress, through the Office of Management and Budget, with an
explanation of why using these standards would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., specifications of materials,
performance, design, or operation; test methods; sampling procedures;
and related management systems practices) that are developed or adopted
by voluntary consensus standards bodies. This rule does not use
technical standards. Therefore, we did not consider the use of
voluntary consensus standards.
M. Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). We have
concluded that this action is not likely to have a significant effect
on the human environment and that there are no factors in this case
that would limit the use of a categorical exclusion under section 2.B.2
of the Instruction. Therefore, we believe this rule should be
categorically excluded, under figure 2-1, paragraph (34)(a), of the
Instruction, from further environmental documentation. Paragraph 34(a)
pertains to minor regulatory changes that are editorial or procedural
in nature. This rule adjusts rates in accordance with applicable
statutory and regulatory mandates. A final ``Environmental Analysis
Check List'' and a ``Categorical Exclusion Determination'' are
available in the docket where indicated under ADDRESSES.
List of Subjects in 46 CFR part 401
Administrative practice and procedure, Great Lakes, Navigation
(water), Penalties, Reporting and recordkeeping requirements, Seamen.
0
For the reasons discussed in the preamble, the Coast Guard amends 46
CFR part 401 as follows:
PART 401--GREAT LAKES PILOTAGE REGULATIONS
0
1. The authority citation for part 401 continues to read as follows:
Authority: 46 U.S.C. 2104(a), 6101, 7701, 8105, 9303, 9304;
Department of Homeland Security Delegation No. 0170.1 46 CFR 401.105
also issued under the authority of 44 U.S.C. 3507.
0
2. In Sec. 401.405, revise paragraphs (a) and (b), including the
footnote to Table (a), to read as follows:
Sec. 401.405 Basic rates and charges on the St. Lawrence River and
Lake Ontario.
* * * * *
(a) Area 1 (Designated Waters):
------------------------------------------------------------------------
Service St. Lawrence River
------------------------------------------------------------------------
Basic Pilotage....................... $14 per Kilometer or $25 per
mile.\1\
Each Lock Transited.................. $310.\1\
Harbor Movage........................ $1,016.\1\
------------------------------------------------------------------------
\1\ The minimum basic rate for assignment of a pilot in the St. Lawrence
River is $678, and the maximum basic rate for a through trip is
$2,976.
(b) Area 2 (Undesignated Waters):
------------------------------------------------------------------------
Service Lake Ontario
------------------------------------------------------------------------
Six-Hour Period......................................... $517
Docking or Undocking.................................... 493
------------------------------------------------------------------------
0
3. In Sec. 401.407 revise paragraphs (a) and (b), including the
footnote to Table (b), to read as follows:
Sec. 401.407 Basic rates and charges on Lake Erie and the navigable
waters from Southeast Shoal to Port Huron, MI.
* * * * *
(a) Area 4 (Undesignated Waters):
------------------------------------------------------------------------
Lake Erie
(East of
Service Southeast Buffalo
Shoal)
------------------------------------------------------------------------
Six-Hour Period......................... $695 $695
Docking or Undocking.................... 536 536
Any Point on the Niagara River below the N/A 1,368
Black Rock Lock........................
------------------------------------------------------------------------
(b) Area 5 (Designated Waters):
----------------------------------------------------------------------------------------------------------------
Toledo or
any point
on Lake
Any point on or in Southeast Erie west Detroit Detroit St. Clair
Shoal of River Pilot Boat River
Southeast
Shoal
----------------------------------------------------------------------------------------------------------------
Toledo or any port on Lake Erie west of $1,835 $1,084 $2,382 $1,835 N/A
Southeast Shoal...............................
Port Huron Change Point........................ \1\ 3,195 3,702 2,400 1,867 1,327
St. Clair River................................ \1\ 3,195 N/A 2,400 2,400 1,084
Detroit or Windsor or the Detroit River........ 1,835 2,382 1,084 N/A 2,400
Detroit Pilot Boat............................. 1,327 1,835 N/A N/A 2,400
----------------------------------------------------------------------------------------------------------------
\1\ When pilots are not changed at the Detroit Pilot Boat.
0
4. In Sec. 401.410, revise paragraphs (a), (b), and (c) to read as
follows:
Sec. 401.410 Basic rates and charges on Lakes Huron, Michigan, and
Superior, and the St Mary's River.
* * * * *
(a) Area 6 (Undesignated Waters):
------------------------------------------------------------------------
Lakes Huron
Service and Michigan
------------------------------------------------------------------------
Six-Hour Period......................................... $519
Docking or Undocking.................................... 493
------------------------------------------------------------------------
(b) Area 7 (Designated Waters):
[[Page 15096]]
----------------------------------------------------------------------------------------------------------------
Area De Tour Gros Cap Any Harbor
----------------------------------------------------------------------------------------------------------------
Gros Cap........................................................ $1,853 N/A N/A
Algoma Steel Corporation Wharf at Sault Ste. Marie Ontario...... 1,853 $698 N/A
Any point in Sault Ste. Marie, Ontario, except the Algoma Steel 1,553 698 N/A
Corporation Wharf..............................................
Sault Ste. Marie, MI............................................ 1,553 698 N/A
Harbor Movage................................................... N/A N/A $698
----------------------------------------------------------------------------------------------------------------
(c) Area 8 (Undesignated Waters):
------------------------------------------------------------------------
Service Lake Superior
------------------------------------------------------------------------
Six-Hour Period......................................... $503
Docking or Undocking.................................... 478
------------------------------------------------------------------------
Sec. 401.420 [Amended]
0
5. In Sec. 401.420--
0
a. In paragraph (a), remove the number ``$86'' and add, in its place,
the number ``$93''; and remove the number ``$1,349'' and add, in its
place, the number ``$1,459''.
0
b. In paragraph (b), remove the number ``$86'' and add, in its place,
the number ``$93''; and remove the number ``$1,349'' and add, in its
place, the number ``$1,459''.
0
c. In paragraph (c)(1), remove the number ``$510'' and add, in its
place, the number ``$552''; in paragraph (c)(3), remove the number
``$86'' and add, in its place, the number ``$93''; and, also in
paragraph (c)(3), remove the number ``$1,349'' and add, in its place,
the number ``$1,459''.
Sec. 401.428 [Amended]
0
6. In Sec. 401.428, remove the number ``$520'' and add, in its place,
the number ``$562''.
Dated: March 18, 2008.
James Watson,
Rear Admiral, U.S. Coast Guard, Acting Assistant Commandant for Marine
Safety, Security and Stewardship.
[FR Doc. 08-1063 Filed 3-18-08; 4:02 pm]
BILLING CODE 4910-15-P
