Tariff of Tolls, 10677-10680 [E9-4918]
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Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Rules and Regulations
cprice-sewell on PRODPC61 with RULES
Hernandez Airport. The reference used
in the legal descriptions to impart a
part-time operation of the Class D and
E Airspace designated as an extension to
Class D surface area (E4) is being
removed. The Class E airspace
designated as surface area for an airport
(E2) will no longer be required since the
Class D Airspace will be in effect
continuously, thus, this amendment
removes that E2 airspace associated
with Aguadilla, PR. Controlled airspace
extending upward from the surface of
the Earth is required to encompass the
airspace necessary for instrument
approaches for aircraft operating under
Instrument Flight Rules (IFR). The
current Class D and E4 airspace areas
are sufficient for these approaches; no
additional controlled airspace must be
defined. Designations for Class D and E
airspace areas extending upward from
the surface of the Earth are published in
FAA Order 7400.9S, signed October 3,
2008, and effective October 31, 2008,
which is incorporated by reference in 14
CFR 71.1. The Class D and E
designations listed in this document
will be published subsequently in the
Order.
Agency Findings
The regulations adopted herein will
not have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among various levels of
government. Therefore, it is determined
that this final rule does not have
federalism implications under Executive
Order 13132.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore, (1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
Regulatory Evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
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13:20 Mar 11, 2009
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authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority.
This rulemaking is promulgated
under the authority described in
Subtitle VII, Part A, Subpart I, Section
40103. Under that section, the FAA is
charged with prescribing regulations to
assign the use of airspace necessary to
ensure the safety of aircraft and the
efficient use of airspace. This regulation
is within the scope of that authority as
it modifies controlled airspace at
Aguadilla, PR.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (Air).
10677
(Lat. 18°29′42″ N., long 67°07′46″ W.)
Borinquen VORTAC
(Lat. 18°29′53″ N., long 67°06′30″ W.)
That airspace extending upward from the
surface within 2.4 miles each side of the
Borinquen VORTAC 257° radial extending
from the 4.5 mile radius to 7 miles west of
the VORTAC.
*
*
*
*
*
Issued in College Park, Georgia, on
February 25, 2009.
Barry A. Knight,
Acting Manager, Operations Support Group,
Eastern Service Center, Air Traffic
Organization.
[FR Doc. E9–5282 Filed 3–11–09; 8:45 am]
BILLING CODE 4910–13–P
Adoption of the Amendment
DEPARTMENT OF TRANSPORTATION
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR Part 71 as follows:
Saint Lawrence Seaway Development
Corporation
■
33 CFR Part 402
PART 71—DESIGNATION OF CLASS A,
B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for Part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(g); 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.9S, Airspace
Designations and Reporting Points,
signed October 3, 2008, effective
October 31, 2008, is amended as
follows:
■
Paragraph 5000
Class D Airspace.
*
*
*
*
*
ASO PR D Aguadilla, PR [REVISED]
Rafael Hernandez Airport, PR
(Lat. 18°29′42″ N., long 67°07′46″ W.)
That airspace extending upward from the
surface of the Earth to and including 2,700
feet MSL within a 4.5-mile radius of the
Rafael Hernandez Airport.
*
*
*
*
*
Paragraph 6002 Class E Airspace
Designated as Surface Areas.
*
*
*
*
*
ASO PR E2 Aguadilla, PR [REMOVE]
Rafael Hernandez Airport, PR
*
*
*
*
*
Paragraph 6004 Class E Airspace
Designated as an Extension to a Class D
Surface Area.
*
*
*
*
*
ASO PR E4 Aguadilla, PR [REVISED]
Rafael Hernandez Airport, PR
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[Docket No. SLSDC 2009–0003]
RIN 2135–AA29
Tariff of Tolls
AGENCY: Saint Lawrence Seaway
Development Corporation, DOT.
ACTION: Final rule.
SUMMARY: The Saint Lawrence Seaway
Development Corporation (SLSDC) 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 SLSDC and the
SLSMC. The SLSDC is revising its
regulations to reflect the fees and
charges levied by the SLSMC in Canada.
The Tariff of Tolls became effective in
Canada in 2008. For consistency,
because these are, under international
agreement, joint regulations, and to
avoid confusion among users of the
Seaway, the SLSDC finds that there is
good cause to make this U.S. version of
the amendments effective upon
publication. (See SUPPLEMENTARY
INFORMATION.)
DATES: This rule is effective on March
12, 2009.
FOR FURTHER INFORMATION CONTACT:
Carrie Mann Lavigne, Chief Counsel,
Saint Lawrence Seaway Development
Corporation, 180 Andrews Street,
Massena, New York 13662; 315–764–
3200.
SUPPLEMENTARY INFORMATION: The Saint
Lawrence Seaway Development
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10678
Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Rules and Regulations
Corporation (SLSDC) 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
SLSDC and the SLSMC. The SLSDC is
revising 33 CFR 402.8, ‘‘Schedule of
tolls’’, to reflect the fees and charges
levied by the SLSMC in Canada since
2008. The changes affect the tolls for
commercial vessels and are applicable
only in Canada. The collection of tolls
by the SLSDC on commercial vessels
transiting the U.S. locks is waived by
law (33 U.S.C. 988a(a)). Accordingly, no
notice or comment is necessary on these
amendments.
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 https://www.regulations.gov.
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.
cprice-sewell on PRODPC61 with RULES
Environmental Impact
This regulation does not require an
environmental impact statement under
the National Environmental Policy Act
(49 U.S.C. 4321, et reg.) because it is not
a major federal action significantly
affecting the quality of the human
environment.
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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 Saint Lawrence
Seaway Development Corporation is
amending 33 CFR Part 402, Tariff of
Tolls, as follows:
■
PART 402—TARIFF OF TOLLS
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 1.52.
2. Section 402.3 is amended by:
a. Removing paragraphs (k) and (l);
b. Removing the first-level paragraph
designations from paragraphs (a)
through (j) and (m) through (p); and
■ c. Adding the following new
definitions in alphabetical order to read
as follows:
■
■
■
§ 402.3
Interpretation.
*
*
*
*
*
Carrier means any company, or its
representative, engaged in physically
moving a cargo between an origin and
a destination.
Commodity means cargo that has been
defined as a commodity in the
Manager’s then current publicly
announced commodity codes.
Closing Date means in respect of a
year, the first date in such year after the
opening date on which both the
Montreal-Lake Ontario portion and the
Welland Canal portion of the Seaway
are closed for vessel traffic.
*
*
*
*
*
PO 00000
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Great Lakes/St. Lawrence Seaway
System means all ports in the Great
Lakes and the St. Lawrence River.
Incremental volume means the
portion of tonnage shipped through the
Seaway by a specific shipper/receiver in
a given season, above the pre-approved
maximum tonnage realized by that
specific shipper/receiver over the
previous five (5) navigation seasons.
*
*
*
*
*
Maximum volume means the highest
total annual tonnage of a specific
commodity that a shipper/receiver has
shipped through the Seaway over the
previous 5 years.
*
*
*
*
*
Navigation season means the period
commencing on an opening date and
ending on the next closing date.
New Business means:
(1) Containerized cargo moved by
ship in the Seaway at any time in a
navigation season;
(2) A commodity/origin/destination
combination in which the commodity
moved by ship 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, in lieu of movement
by ship, by any mode of transportation
other than by ship 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.
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Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Rules and Regulations
Opening date means, in respect of any
year, the earliest date in such year on
which either the Montreal-Lake Ontario
portion or the Welland Canal portion of
the Seaway is opened for vessel traffic,
provided however that if such date is
prior to April 1 the opening date in such
year shall be deemed to be the 1st day
of April in such year.
*
*
*
*
*
Section of the Seaway means either
the Montreal-Lake Ontario portion of
the Seaway or the Welland Canal
portion of the Seaway.
Shipper/receiver means any company
who owns or buys the cargo that is
being shipped through the Seaway.
*
*
*
*
*
Volume rebate means a percentage
reduction, as part of an initiative
program, offered on applicable cargo
tolls for shipments of a specific
commodity above and beyond a preapproved historical maximum volume.
■ 3. Section 402.4 is amended by
revising paragraph (a), removing
paragraphs (d), (e), and (f), and adding
a new paragraph (d) to read as follows:
§ 402.4
(d) The two (2) incentive programs,
New Business and Volume Rebate, are
exclusive and cannot be applied at the
same time on the same cargo movement.
§ 402.9
[Redesignated as § 402.11]
4. Section 402.9 is redesignated as
§ 402.11 and the heading is revised to
read as follows:
■
§ 402.11 Operational surcharges—no
postponements.
*
*
§ 402.10
*
*
*
[Redesignated as § 402.12]
5. Section 402.10 is redesignated as
§ 402.12 and the heading is revised to
read as follows:
■
§ 402.12 Operational surcharges—after
postponements.
*
*
§ 402.7
*
*
*
[Redesignated as § 402.9]
6. Section 402.7 is redesignated as
§ 402.9 and the heading is revised to
read as follows:
■
Coming into force.
§ 402.5
Tolls
(a) Every vessel entering, passing
through or leaving the Seaway shall pay
a toll that is the sum of each applicable
charge in § 402.10. Each charge is
calculated based on the description set
out in column 1 of § 402.10 and the rate
set out in column 2 or 3.
*
*
*
*
*
§ 402.9
[Redesignated as § 402.7]
7. Section 402.5 is redesignated as
§ 402.7 and the heading is revised to
read as follows:
■
§ 402.7
Description and weight of cargo.
*
*
*
*
*
8. A new § 402.5 is added to read as
follows:
■
§ 402.5
10679
New business incentive program
(a) To be eligible for the rebate
applicable under the New Business
Incentive Program, a carrier must
submit an application to the Manager
for the proposed commodity/origin/
destination combination to be approved
and accepted under the rules of the New
Business Incentive Program
promulgated and administered from
time to time by the Manager.
(b) Containerized cargo, whatever the
origin or destination, moved by ship in
the Seaway at any time in the navigation
seasons commencing in 2008, 2009,
2010, 2011 and 2012 qualifies as New
Business.
(c) A commodity/origin/destination
combination that qualifies as New
Business after the 30th day of
September in any navigation season
continues to qualify as New Business in
the two consecutive navigation seasons;
and
(d) A commodity/origin/destination
combination that qualifies as New
Business after the 30th day of
September in any navigation season
continues to qualify as New Business in
the three consecutive navigation seasons
immediately following the then current
navigation season.
§ 402.8
[Redesignated as § 402.10]
9. Section 402.8 is redesignated as
§ 402.10 and revised to read as follows:
■
§ 402.10
Schedule of tolls.
Rate ($) Montreal to or
from Lake Ontario
(5 locks)
Rate ($) Welland Canal—Lake
Ontario to or from Lake Erie
(8 locks)
Column 1
cprice-sewell on PRODPC61 with RULES
Item/description of charges
Column 2
Column 3
1. Subject to item 3, for complete transit of the Seaway, a composite
toll, comprising:
(1) a charge per gross registered ton of the ship, applicable
whether the ship 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.
(2) a charge per metric ton of cargo as certified on the ship’s
manifest or other document, as follows:
(a) bulk cargo ............................................................................
(b) general cargo ......................................................................
(c) steel slab .............................................................................
(d) containerized cargo .............................................................
(e) government aid cargo .........................................................
(f) grain ......................................................................................
(g) coal ......................................................................................
(3) a charge per passenger per lock ...............................................
(4) a lockage charge per Gross Registered Ton of the vessel, as
defined in item 1(1), applicable whether the ship is wholly or
partially laden, or is in ballast, for transit of the Welland Canal
in either direction by cargo ships.
Up to a maximum charge per vessel ...............................................
2. Subject to item 3, for partial transit of the Seaway ............................
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0.0966 ............................................
0.1546.
1.0012 ............................................
2.4124 ............................................
2.1833 ............................................
1.0012 ............................................
n/a ..................................................
0.6151 ............................................
0.6151 ............................................
1.5000 ............................................
n/a ..................................................
0.6834.
1.0936.
0.7829.
0.6834.
n/a.
0.6834.
0.6834.
1.5000.
0.2575.
n/a ..................................................
20 per cent per lock of the applicable charge under items 1(1)
and (2) plus the applicable
charge under items 1(3) and (4).
3,600.00.
13 per cent per lock of the applicable charge under items 1(1)
and (2) plus the applicable
charge under items 1(3) and (4).
Sfmt 4700
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Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Rules and Regulations
Item/description of charges
Rate ($) Montreal to or
from Lake Ontario
(5 locks)
Rate ($) Welland Canal—Lake
Ontario to or from Lake Erie
(8 locks)
Column 1
Column 2
Column 3
3. Minimum charge per vessel per lock transited for full or partial transit of the Seaway.
4. A charge per pleasure craft per lock transited for full or partial transit of the Seaway, including applicable federal taxes 2.
6. Under the New Business Initiative Program, for cargo accepted as
New Business, a percentage rebate on the applicable cargo
charges for the approved period.
7. Under the Volume Rebate Incentive program, a retroactive percentage rebate on cargo tolls on the incremental volume calculated
based on the pre-approved maximum volume.
25.00 ..............................................
25.00.
25.00 3 ............................................
25.00.
20% ................................................
20%.
10% ................................................
10%.
1 Or
under the US GRT for ships prescribed prior to 2002.
applicable charge at the Saint Lawrence Seaway Development Corporation’s locks (Eisenhower, Snell) for pleasure craft is $30 U.S. or
$30 Canadian per lock. The applicable charge under item 3 at the Saint Lawrence Seaway Development Corporation’s locks (Eisenhower, Snell)
will be collected in U.S. dollars. The other amounts are in Canadian dollars and are for the Canadian share of tolls. The collection of the U.S.
portion of tolls for commercial vessels is waived by law (33 U.S.C. 998a(a)).
3 Pleasure craft rates-subject to change in subsequent years.
2 The
§ 402.6
[Redesignated as § 402.8]
10. Section 402.6 is redesignated as
§ 402.8 and amended by revising the
heading and paragraphs (a) and (b) to
read as follows:
■
§ 402.8 Post-clearance date operational
surcharges.
(a) Subject to paragraph (b) of this
section, a vessel that reports for its final
transit of the Seaway from a place set
out in column 1 of § 402.11 within a
period after the clearance date
established by the Manager and the
Corporation set out in column 2 of
402.11 shall pay operational surcharges
in the amount set out in column 3 of
402.11, prorated on a per-lock basis.
(b) If surcharges are postponed for
operational or climatic reasons, a vessel
that reports for its final transit of the
Seaway from a place set out in column
1 within a period after the clearance
date established by the Manager and the
Corporation set out in column 2 shall
pay operational surcharges in the
amount set out in column 3, prorated on
a per-lock basis.
*
*
*
*
*
■ 11. A new § 402.6 is added to read as
follows:
cprice-sewell on PRODPC61 with RULES
§ 402.6
(2) The shipper/receiver must already
move the commodity, as defined under
the Manager’s commodity classification,
through the Seaway at a minimum of
100,000 tonnes per season for the past
five navigation seasons.
(b) Once approved by the Manager,
the maximum volume will become the
basis on which to calculate the
incremental volume.
(c) The Volume Rebate Incentive
program is not accessible at the end of
the navigation season without a preapproved maximum volume within the
set deadline.
(d) The same cargo volume can only
be used by one shipper/receiver.
(e) For the Volume Rebate to be
applicable, the total volume of the
commodity shipped through the Seaway
must also increase during the navigation
season.
Issued at Washington, DC on March 2,
2009.
Saint Lawrence Seaway Development
Corporation.
Collister Johnson, Jr.,
Administrator.
[FR Doc. E9–4918 Filed 3–11–09; 8:45 am]
BILLING CODE 4910–61–P
Volume Rebate Incentive program
(a) To be eligible to the Volume
Rebate Incentive program:
(1) A shipper/receiver in the Great
lakes/St. Lawrence Seaway System must
submit to the Manager for approval,
before June 30th of every season, the
commodity, as defined under the
Manager’s commodity classification, for
which a Volume Rebate is sought, the
origin or destination of the commodity,
and a proof of the maximum volume of
the commodity the shipper/receiver has
shipped over the last 5 years from that
origin or to that destination.
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
[EPA–R06–RCRA–2008–0418; SW–FRL–
8776–4]
Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste; Final Exclusion
AGENCY: Environmental Protection
Agency.
ACTION: Final rule.
PO 00000
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SUMMARY: Environmental Protection
Agency (EPA) is granting a petition
submitted by Bayer Material Science in
Baytown, Texas to exclude (or delist)
the toluene diisocyanate (TDI) residues
generated from its facility located in
Baytown, Texas from the lists of
hazardous wastes. This final rule
responds to the petition submitted by
Bayer Material Science to delist K027
TDI residues generated from the
facility’s distillation units.
After careful analysis and use of the
Delisting Risk Assessment Software
(DRAS), EPA has concluded the
petitioned waste is not hazardous waste.
This exclusion applies to 9,780 cubic
yards per year of the K027 residues.
Accordingly, this final rule excludes the
petitioned waste from the requirements
of hazardous waste regulations under
the Resource Conservation and
Recovery Act (RCRA) when it is
disposed in a Subtitle D Landfill.
DATES: Effective Date: March 12, 2009.
ADDRESSES: The public docket for this
final rule is located at the
Environmental Protection Agency
Region 6, 1445 Ross Avenue, Dallas,
Texas 75202, and is available for
viewing in EPA Freedom of Information
Act review room on the 7th floor from
9 a.m. to 4 p.m., Monday through
Friday, excluding Federal holidays. Call
(214) 665–6444 for appointments. The
reference number for this docket is
EPA–R06–RCRA–2008–0418. The
public may copy material from any
regulatory docket at no cost for the first
100 pages and at a cost of $0.15 per page
for additional copies.
FOR FURTHER INFORMATION CONTACT: Ben
Banipal, Section Chief of the Corrective
Action and Waste Minimization
Section, Multimedia Planning and
Permitting Division (6PD–C),
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]]>Agencies
[Federal Register Volume 74, Number 47 (Thursday, March 12, 2009)]
[Rules and Regulations]
[Pages 10677-10680]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4918]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development Corporation
33 CFR Part 402
[Docket No. SLSDC 2009-0003]
RIN 2135-AA29
Tariff of Tolls
AGENCY: Saint Lawrence Seaway Development Corporation, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Saint Lawrence Seaway Development Corporation (SLSDC) 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 SLSDC and the
SLSMC. The SLSDC is revising its regulations to reflect the fees and
charges levied by the SLSMC in Canada. The Tariff of Tolls became
effective in Canada in 2008. For consistency, because these are, under
international agreement, joint regulations, and to avoid confusion
among users of the Seaway, the SLSDC finds that there is good cause to
make this U.S. version of the amendments effective upon publication.
(See Supplementary Information.)
DATES: This rule is effective on March 12, 2009.
FOR FURTHER INFORMATION CONTACT: Carrie Mann Lavigne, Chief Counsel,
Saint Lawrence Seaway Development Corporation, 180 Andrews Street,
Massena, New York 13662; 315-764-3200.
SUPPLEMENTARY INFORMATION: The Saint Lawrence Seaway Development
[[Page 10678]]
Corporation (SLSDC) 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 SLSDC and the SLSMC.
The SLSDC is revising 33 CFR 402.8, ``Schedule of tolls'', to reflect
the fees and charges levied by the SLSMC in Canada since 2008. The
changes affect the tolls for commercial vessels and are applicable only
in Canada. The collection of tolls by the SLSDC on commercial vessels
transiting the U.S. locks is waived by law (33 U.S.C. 988a(a)).
Accordingly, no notice or comment is necessary on these amendments.
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
https://www.regulations.gov.
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 the National Environmental Policy Act (49 U.S.C. 4321, et reg.)
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.
0
Accordingly, the Saint Lawrence Seaway Development Corporation is
amending 33 CFR Part 402, Tariff of Tolls, 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 1.52.
0
2. Section 402.3 is amended by:
0
a. Removing paragraphs (k) and (l);
0
b. Removing the first-level paragraph designations from paragraphs (a)
through (j) and (m) through (p); and
0
c. Adding the following new definitions in alphabetical order to read
as follows:
Sec. 402.3 Interpretation.
* * * * *
Carrier means any company, or its representative, engaged in
physically moving a cargo between an origin and a destination.
Commodity means cargo that has been defined as a commodity in the
Manager's then current publicly announced commodity codes.
Closing Date means in respect of a year, the first date in such
year after the opening date on which both the Montreal-Lake Ontario
portion and the Welland Canal portion of the Seaway are closed for
vessel traffic.
* * * * *
Great Lakes/St. Lawrence Seaway System means all ports in the Great
Lakes and the St. Lawrence River.
Incremental volume means the portion of tonnage shipped through the
Seaway by a specific shipper/receiver in a given season, above the pre-
approved maximum tonnage realized by that specific shipper/receiver
over the previous five (5) navigation seasons.
* * * * *
Maximum volume means the highest total annual tonnage of a specific
commodity that a shipper/receiver has shipped through the Seaway over
the previous 5 years.
* * * * *
Navigation season means the period commencing on an opening date
and ending on the next closing date.
New Business means:
(1) Containerized cargo moved by ship in the Seaway at any time in
a navigation season;
(2) A commodity/origin/destination combination in which the
commodity moved by ship 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, in lieu of movement by ship, by
any mode of transportation other than by ship 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.
[[Page 10679]]
Opening date means, in respect of any year, the earliest date in
such year on which either the Montreal-Lake Ontario portion or the
Welland Canal portion of the Seaway is opened for vessel traffic,
provided however that if such date is prior to April 1 the opening date
in such year shall be deemed to be the 1st day of April in such year.
* * * * *
Section of the Seaway means either the Montreal-Lake Ontario
portion of the Seaway or the Welland Canal portion of the Seaway.
Shipper/receiver means any company who owns or buys the cargo that
is being shipped through the Seaway.
* * * * *
Volume rebate means a percentage reduction, as part of an
initiative program, offered on applicable cargo tolls for shipments of
a specific commodity above and beyond a pre-approved historical maximum
volume.
0
3. Section 402.4 is amended by revising paragraph (a), removing
paragraphs (d), (e), and (f), and adding a new paragraph (d) to read as
follows:
Sec. 402.4 Tolls
(a) Every vessel entering, passing through or leaving the Seaway
shall pay a toll that is the sum of each applicable charge in Sec.
402.10. Each charge is calculated based on the description set out in
column 1 of Sec. 402.10 and the rate set out in column 2 or 3.
* * * * *
(d) The two (2) incentive programs, New Business and Volume Rebate,
are exclusive and cannot be applied at the same time on the same cargo
movement.
Sec. 402.9 [Redesignated as Sec. 402.11]
0
4. Section 402.9 is redesignated as Sec. 402.11 and the heading is
revised to read as follows:
Sec. 402.11 Operational surcharges--no postponements.
* * * * *
Sec. 402.10 [Redesignated as Sec. 402.12]
0
5. Section 402.10 is redesignated as Sec. 402.12 and the heading is
revised to read as follows:
Sec. 402.12 Operational surcharges--after postponements.
* * * * *
Sec. 402.7 [Redesignated as Sec. 402.9]
0
6. Section 402.7 is redesignated as Sec. 402.9 and the heading is
revised to read as follows:
Sec. 402.9 Coming into force.
Sec. 402.5 [Redesignated as Sec. 402.7]
0
7. Section 402.5 is redesignated as Sec. 402.7 and the heading is
revised to read as follows:
Sec. 402.7 Description and weight of cargo.
* * * * *
0
8. A new Sec. 402.5 is added to read as follows:
Sec. 402.5 New business incentive program
(a) To be eligible for the rebate applicable under the New Business
Incentive Program, a carrier must submit an application to the Manager
for the proposed commodity/origin/destination combination to be
approved and accepted under the rules of the New Business Incentive
Program promulgated and administered from time to time by the Manager.
(b) Containerized cargo, whatever the origin or destination, moved
by ship in the Seaway at any time in the navigation seasons commencing
in 2008, 2009, 2010, 2011 and 2012 qualifies as New Business.
(c) A commodity/origin/destination combination that qualifies as
New Business after the 30th day of September in any navigation season
continues to qualify as New Business in the two consecutive navigation
seasons; and
(d) A commodity/origin/destination combination that qualifies as
New Business after the 30th day of September in any navigation season
continues to qualify as New Business in the three consecutive
navigation seasons immediately following the then current navigation
season.
Sec. 402.8 [Redesignated as Sec. 402.10]
0
9. Section 402.8 is redesignated as Sec. 402.10 and revised to read as
follows:
Sec. 402.10 Schedule of tolls.
------------------------------------------------------------------------
Rate ($) Welland
Rate ($) Montreal Canal--Lake
Item/description of charges to or from Lake Ontario to or from
Ontario (5 locks) Lake Erie (8
locks)
Column 1 Column 2.......... Column 3
------------------------------------------------------------------------
1. Subject to item 3, for
complete transit of the Seaway,
a composite toll, comprising:
(1) a charge per gross 0.0966............ 0.1546.
registered ton of the ship,
applicable whether the ship
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\.
(2) a charge per metric ton
of cargo as certified on
the ship's manifest or
other document, as follows:
(a) bulk cargo.......... 1.0012............ 0.6834.
(b) general cargo....... 2.4124............ 1.0936.
(c) steel slab.......... 2.1833............ 0.7829.
(d) containerized cargo. 1.0012............ 0.6834.
(e) government aid cargo n/a............... n/a.
(f) grain............... 0.6151............ 0.6834.
(g) coal................ 0.6151............ 0.6834.
(3) a charge per passenger 1.5000............ 1.5000.
per lock.
(4) a lockage charge per n/a............... 0.2575.
Gross Registered Ton of the
vessel, as defined in item
1(1), applicable whether
the ship is wholly or
partially laden, or is in
ballast, for transit of the
Welland Canal in either
direction by cargo ships.
Up to a maximum charge per n/a............... 3,600.00.
vessel.
2. Subject to item 3, for 20 per cent per 13 per cent per
partial transit of the Seaway. lock of the lock of the
applicable charge applicable charge
under items 1(1) under items 1(1)
and (2) plus the and (2) plus the
applicable charge applicable charge
under items 1(3) under items 1(3)
and (4). and (4).
[[Page 10680]]
3. Minimum charge per vessel per 25.00............. 25.00.
lock transited for full or
partial transit of the Seaway.
4. A charge per pleasure craft 25.00 \3\......... 25.00.
per lock transited for full or
partial transit of the Seaway,
including applicable federal
taxes \2\.
6. Under the New Business 20%............... 20%.
Initiative Program, for cargo
accepted as New Business, a
percentage rebate on the
applicable cargo charges for
the approved period.
7. Under the Volume Rebate 10%............... 10%.
Incentive program, a
retroactive percentage rebate
on cargo tolls on the
incremental volume calculated
based on the pre-approved
maximum volume.
------------------------------------------------------------------------
\1\ Or under the US GRT for ships prescribed prior to 2002.
\2\ The applicable charge at the Saint Lawrence Seaway Development
Corporation's locks (Eisenhower, Snell) for pleasure craft is $30 U.S.
or $30 Canadian per lock. The applicable charge under item 3 at the
Saint Lawrence Seaway Development Corporation's locks (Eisenhower,
Snell) will be collected in U.S. dollars. The other amounts are in
Canadian dollars and are for the Canadian share of tolls. The
collection of the U.S. portion of tolls for commercial vessels is
waived by law (33 U.S.C. 998a(a)).
\3\ Pleasure craft rates-subject to change in subsequent years.
Sec. 402.6 [Redesignated as Sec. 402.8]
0
10. Section 402.6 is redesignated as Sec. 402.8 and amended by
revising the heading and paragraphs (a) and (b) to read as follows:
Sec. 402.8 Post-clearance date operational surcharges.
(a) Subject to paragraph (b) of this section, a vessel that reports
for its final transit of the Seaway from a place set out in column 1 of
Sec. 402.11 within a period after the clearance date established by
the Manager and the Corporation set out in column 2 of 402.11 shall pay
operational surcharges in the amount set out in column 3 of 402.11,
prorated on a per-lock basis.
(b) If surcharges are postponed for operational or climatic
reasons, a vessel that reports for its final transit of the Seaway from
a place set out in column 1 within a period after the clearance date
established by the Manager and the Corporation set out in column 2
shall pay operational surcharges in the amount set out in column 3,
prorated on a per-lock basis.
* * * * *
0
11. A new Sec. 402.6 is added to read as follows:
Sec. 402.6 Volume Rebate Incentive program
(a) To be eligible to the Volume Rebate Incentive program:
(1) A shipper/receiver in the Great lakes/St. Lawrence Seaway
System must submit to the Manager for approval, before June 30th of
every season, the commodity, as defined under the Manager's commodity
classification, for which a Volume Rebate is sought, the origin or
destination of the commodity, and a proof of the maximum volume of the
commodity the shipper/receiver has shipped over the last 5 years from
that origin or to that destination.
(2) The shipper/receiver must already move the commodity, as
defined under the Manager's commodity classification, through the
Seaway at a minimum of 100,000 tonnes per season for the past five
navigation seasons.
(b) Once approved by the Manager, the maximum volume will become
the basis on which to calculate the incremental volume.
(c) The Volume Rebate Incentive program is not accessible at the
end of the navigation season without a pre-approved maximum volume
within the set deadline.
(d) The same cargo volume can only be used by one shipper/receiver.
(e) For the Volume Rebate to be applicable, the total volume of the
commodity shipped through the Seaway must also increase during the
navigation season.
Issued at Washington, DC on March 2, 2009.
Saint Lawrence Seaway Development Corporation.
Collister Johnson, Jr.,
Administrator.
[FR Doc. E9-4918 Filed 3-11-09; 8:45 am]
BILLING CODE 4910-61-P
