Tariff of Tolls, 6810-6813 [2016-02169]

Download as PDF 6810 § 3280.2 Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Proposed Rules Definitions. * * * * * Manufactured home means a structure, transportable in one or more sections, which in the traveling mode is 8 body feet or more in width or 40 body feet or more in length or which when erected on-site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. This term includes all structures that meet the above requirements except the size requirements and with respect to which the manufacturer voluntarily files a certification pursuant to § 3282.13 of this chapter and complies with the construction and safety standards set forth in this part. The term does not include any recreational vehicle as specified in § 3282.15 of this chapter. Calculations used to determine the number of square feet in a structure will include the total of square feet for each transportable section comprising the completed structure and will be based on the structure’s exterior dimensions measured at the largest horizontal projections when erected on site. These dimensions will include all expandable rooms, cabinets, and other projections containing interior space, but do not include bay windows. Nothing in this definition should be interpreted to mean that a manufactured home necessarily meets the requirements of HUD’s Minimum Property Standards (HUD Handbook 4900.1) or that it is automatically eligible for financing under 12 U.S.C. 1709(b). * * * * * PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS 3. The authority citation for part 3282 is revised to read as follows: ■ Authority: 28 U.S.C. 2461, 42 U.S.C. 3535(d), 5403, and 5424. § 3282.8 [Amended] 4. In § 3282.8, remove and reserve paragraph (g). ■ 5. Add § 3282.15 to subpart A to read as follows: mstockstill on DSK4VPTVN1PROD with PROPOSALS ■ § 3282.15 vehicles. (b) Definition. A Recreational Vehicle is: (1) A factory built vehicular structure, not certified as a manufactured home; (2) Designed only for recreational use and not as a primary residence or for permanent occupancy; and is either: (3) Built and certified in accordance with either the NFPA 1192–15, Standard for Recreational Vehicles or ANSI A119.5–15, Recreational Park Trailer Standard as provided by paragraph (c) of this section; or (4) Any vehicle which is selfpropelled. (c) Notice and certification requirements. In order to be exempt, an ANSI A119.5–15 certified recreational vehicle must contain a Notice prominently displayed in a temporary manner in the kitchen (i.e., countertop or exposed cabinet face) which must read as follows: (1) Title of Notice. The title of the Notice shall be ‘‘*****NOTICE*****’’ which shall be legible and typed using bold letters at least 1 inch in size. (2) Content of Notice. The content of the notice text shall be as follows: The Manufacturer of this unit certifies that it is a Park Model Recreational Vehicle designed only for recreational use, and not for use as a primary residence or for permanent occupancy. The manufacturer of this unit further certifies that this unit has been built in accordance with the ANSI A119.5–15 consensus standard for Park Model Recreational Vehicles. (3) Text of Notice. The text of the Notice, aside from the Notice’s title shall be legible and typed using letters at least 1⁄2 inch in size. (4) Removal of Notice. The Notice shall not be removed by any party until the entire sales transaction has been completed. A sales transaction is considered complete as defined under § 3282.252(b). Dated: January 4, 2016. Edward L. Golding, Principal Deputy Assistant Secretary for Housing. [FR Doc. 2016–02387 Filed 2–8–16; 8:45 am] BILLING CODE 4210–67–P Exception for recreational (a) Exception. A recreational vehicle that meets the requirements of this section is exempt from 24 CFR parts 3280 and 3282. VerDate Sep<11>2014 17:10 Feb 08, 2016 Jkt 238001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 DEPARTMENT OF TRANSPORTATION Saint Lawrence Seaway Development Corporation 33 CFR Part 402 [Docket No. SLSDC 2016–0003] RIN 2135–AA38 Tariff of Tolls Saint Lawrence Seaway Development Corporation, DOT. ACTION: Notice of proposed rulemaking. AGENCY: 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 starting in the 2016 navigation season, which are effective only in Canada. An amendment to increase the minimum charge per lock for those vessels that are not pleasure craft or subject in Canada to tolls under items 1 and 2 of the Tariff for full or partial transit of the Seaway will apply in the U.S. (See SUPPLEMENTARY INFORMATION.) DATES: Comments are due March 10, 2016. SUMMARY: Docket: For access to the docket to read background documents or comments received, go to http:// www.Regulations.gov; or in person at the Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. FOR FURTHER INFORMATION CONTACT: Carrie Mann Lavigne, Chief Counsel, Saint Lawrence Seaway Development Corporation, 180 Andrews Street, Massena, New York 13662; 315/764– 3200. ADDRESSES: 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 (Schedule of Fees and Charges in Canada) in their respective jurisdictions. SUPPLEMENTARY INFORMATION: E:\FR\FM\09FEP1.SGM 09FEP1 Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Proposed Rules 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 proposing to revise 33 CFR 402.12, ‘‘Schedule of tolls’’, to reflect the fees and charges levied by the SLSMC in Canada beginning in the 2016 navigation season. With one exception, 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. The SLSDC is proposing to amend 33 CFR 402.12, ‘‘Schedule of tolls’’, to increase the minimum charge per vessel per lock for full or partial transit of the Seaway from $26.92 to $27.46. This charge is for vessels that are not pleasure craft or subject in Canada to the tolls under items 1 and 2 of the Tariff. This increase is due to higher operating costs at the locks. 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 http:// dms.dot.gov. Regulatory Evaluation federal action significantly affecting the quality of the human environment. Federalism The Corporation has analyzed this proposed 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 proposed 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 proposed 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 proposes to amend 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. Regulatory Flexibility Act Determination mstockstill on DSK4VPTVN1PROD with PROPOSALS This proposed 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. * I certify this proposed 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 proposed 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 VerDate Sep<11>2014 17:10 Feb 08, 2016 Jkt 238001 2. In § 402.3, add definitions of ‘‘Gateway Incentive’’, ‘‘Toll reduction’’, and ‘‘Volume commitment’’ in alphabetical order to read as follows: ■ § 402.3 Interpretation. * * * * Gateway Incentive means a percentage reduction, as part of an incentive program, negotiated and offered on applicable cargo tolls for shipments of a specific commodity diverted to the Seaway from a competing gateway. * * * * * Toll reduction means the negotiated percentage of refund on applicable cargo tolls under the Gateway Incentive program. * * * * * Volume commitment means the negotiated annual cargo tonnage, with a minimum of 250,000 metric tons per year, a shipper must reach for the negotiated toll reduction under the PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 6811 Gateway Incentive to become applicable. * * * * * ■ 3. Revise paragraph (a) of § 402.4 to read as follows: § 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 § 402.12. Each charge is calculated on the description set out in column 1 of § 402.12 and the rate set out in column 2 or 3. * * * * * ■ 4 . Redesignate §§ 402.8, 402.9. 402.10, 402.11, 402.12 and 402.13 as 402.9, 402.10, 402.11, 402.12, 402.13 and 402.14 respectively. ■ 5. Add a new § 402.8 to read as follows: § 402.8 Gateway Incentive. (a) To be eligible for the Gateway Incentive, cargoes, must presently be moving between a specific origin and destination via other competing gateways. (b) To be eligible for the refund applicable under the Gateway Incentive program, a shipper, or its representative, must: (1) Submit an application to the Manager for the proposed movement (cargo/origin/destination) to be approved under the rules of the Gateway Incentive program; (2) Supply to the Manager the information proving that the proposed movement is currently done via a competing gateway; (3) Negotiate with the Manager the terms of the proposal, that is an applicable toll reduction, a volume commitment, and the duration of the proposal. (c) The shipper, or its representative, will qualify annually for the negotiated toll reduction upon completion of the annual volume commitment during the agreed upon duration period. (d) The Gateway Incentive applies only to movements of qualified cargoes done after the commencement date of the qualified Gateway Incentive. Movements done prior to the date of commencement of the Gateway Incentive will be ineligible for the rebate. (e) The shipper, or its representative, will provide the Manager with a request for the Gateway Incentive refund, together with copies of any documents required to support the request, within sixty (60 days) of the close of the navigation season. Requests for refunds should be submitted to the Manager, Revenue and Forecast, who will be responsible for reviewing all documents E:\FR\FM\09FEP1.SGM 09FEP1 6812 Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Proposed Rules and data and recommending the refund under the Gateway Incentive. (f) The negotiated Gateway Incentive percentage of tolls reduction paid in respect of qualifying cargo shipped will be refunded by the Manager after the close of the navigation season, once the Manager has confirmed through the review of submitted support documents that the shipper has met the volume commitment. The SLSMC reserves the right to require the ultimate origin and destination of cargoes to validate the commitment. ■ 6. Revise paragraph (a) of the redesignated § 402.10 to read as follows: § 402.10 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 § 402.12 within a period after the clearance date Column 1 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 time1. (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 tem 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 ........................................ Subject to item 3, for partial transit of the Seaway .................. 4 ................... 5 ................... 6 ................... 7 ................... Schedule of tolls. Minimum charge per vessel per lock transited for full or partial transit of the Seaway. A charge per pleasure craft per lock transited for full or partial transit of the Seaway, including applicable federal taxes 3. Under the New Business Initiative Program, for cargo accepted as New Business, a percentage rebate on the applicable cargo charges for the approved period. 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. Under the New Service Incentive Program, for New Business cargo moving under an approved new service, an additional percentage refund on applicable cargo tolls above the New Business rebate. Column 3 Rate ($) Montreal to or from Lake Ontario (5 locks) Description of charges 3 ................... § 402.12 Column 2 Item 2 ................... established by the Manager and the Corporation set out in column 2 of § 402.12 shall pay operational surcharges in the amount set out in column 3 of § 402.12, prorated on a perlock basis. * * * * * ■ 7. Revise redesignated § 402.12 to read as follows: Rate ($) Welland Canal—Lake Ontario to or from Lake Erie (8 locks) 0.1061 ..................................... 0.1698. 1.0997 ..................................... 2.6498 ..................................... 2.3981 ..................................... 1.0997 ..................................... n/a ........................................... 0.6756 ..................................... 0.6756 ..................................... 1.6476 ..................................... n/a ........................................... 0.7506. 1.2013. 0.8600. 0.7506. n/a. 0.7506. 0.7506. 1.6476. 0.2827. n/a ........................................... 20 per cent per lock of the applicable charge under items 1(1), 1(2) and 1(4) plus the applicable charge under items 1(3). 2 27.46 ..................................... 3,955. 13 per cent per lock of the applicable charge under items 1(1), 1(2) and 1(4) plus the applicable charge under items 1(3). 27.46. 4 30.00 30.00. ..................................... 20% ......................................... 20%. 10% ......................................... 10%. 20% ......................................... 20%. 1 Or under the US GRT for vessels prescribed prior to 2002. applicable charged under item 3 at the Saint Lawrence Seaway Development Corporation’s locks (Eisenhower, Snell) will be collected in U.S. dollars. The collection of the U.S. portion of tolls for commercial vessels is waived by law (33 U.S.C. 988a(a)). The other charges are in Canadian dollars and are for the Canadian share of tolls. 3 $5.00 discount per lock applicable on ticket purchased for Canadian locks via paypal. 4 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. mstockstill on DSK4VPTVN1PROD with PROPOSALS 2 The VerDate Sep<11>2014 17:10 Feb 08, 2016 Jkt 238001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\09FEP1.SGM 09FEP1 Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Proposed Rules Issued at Washington, DC, on February 1, 2016. Saint Lawrence Seaway Development Corporation. Carrie Lavigne, Chief Counsel. [FR Doc. 2016–02169 Filed 2–8–16; 8:45 am] BILLING CODE 4910–61–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 7 and 9 [EPA–HQ–OA–2013–0031; FRL–9941–58– OA] RIN 2090–AA39 Nondiscrimination in Programs or Activities Receiving Federal Assistance From the Environmental Protection Agency; Comment Extension Dated: February 1, 2016. Velveta Golightly-Howell, Director, Office of Civil Rights. Environmental Protection Agency (EPA). ACTION: Proposed rule; extension of comment period. AGENCY: mstockstill on DSK4VPTVN1PROD with PROPOSALS [FR Doc. 2016–02589 Filed 2–8–16; 8:45 am] BILLING CODE 6560–50–P The Environmental Protection Agency (EPA) is extending the comment period for the proposed rule titled ‘‘Nondiscrimination in Programs or Activities Receiving Federal Assistance from the Environmental Protection Agency’’ that was published in the Federal Register on December 14, 2015. This action extends the deadline for submitting written comments on the proposed rule. This extension provides an additional 30 days for the public to provide written comments. DATES: Comments, identified by docket identification (ID) number EPA–HQ– OA–2013–0031, must be received on or before March 12, 2016. ADDRESSES: Written comments may be submitted online through Docket ID No. EPA–HQ–OA–2013–0031, to the Federal eRulemaking Portal: http:// www.regulations.gov or mailed to U.S. Environmental Protection Agency, Office of Civil Rights, (Mail Code 1201A), 1200 Pennsylvania Ave. NW., Washington, DC 20460. FOR FURTHER INFORMATION CONTACT: Jeryl Covington or Lilian Dorka, U.S. Environmental Protection Agency, Office of Civil Rights, (Mail Code 1201A), 1200 Pennsylvania Ave. NW., Washington, DC. 20460, telephone (202) 564–7272 or (202) 564–7713. SUPPLEMENTARY INFORMATION: This document extends the public comment period for the proposed Nondiscrimination in Programs or Activities Receiving Federal Assistance SUMMARY: VerDate Sep<11>2014 17:10 Feb 08, 2016 Jkt 238001 from the EPA (80 FR 77284, December 14, 2015) in order to ensure that the public has sufficient time to review and comment on the proposal. That proposal provided for a public comment period ending February 12, 2016. The EPA received several requests from the public to extend this comment period and this notice is the Agency’s response to those persons who requested an extension of the comment period. In addition, EPA is providing notice that additional support documents are available for public inspection in the rulemaking docket. Finally, in response to significant public interest in the proposed rule, the Agency will conduct one additional public session in Washington, DC. Additional information on this announcement is located at www.epa.gov/ocr. ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2015–0756; FRL–9941–10– Region 9] Approval of California Air Plan Revisions, Yolo-Solano Air Quality Management District Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve revisions to the Yolo-Solano Air Quality Management District (YSAQMD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) and oxides of nitrogen (NOx) emissions from gasoline dispensing facilities and stationary gas turbines. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act (CAA or the Act). DATES: Any comments on this proposal must arrive by March 10, 2016. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2015–0756 at http:// www.regulations.gov, or via email to Steckel.Andrew@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments SUMMARY: PO 00000 Frm 00023 Fmt 4702 Sfmt 9990 6813 cannot be edited or removed from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/ commenting-epa-dockets. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to the EPA. This proposal addresses local rules 2.22 and 2.34. In the Rules and Regulations section of this Federal Register, we are approving these local rules in a direct final action without prior proposal because we believe these SIP revisions are not controversial. If we receive adverse comments, however, we will publish a timely withdrawal of the direct final rule and address the comments in subsequent action based on this proposed rule. Please note that if we receive adverse comment on a particular rule, we may adopt as final those rules that are not the subject of an adverse comment. We do not plan to open a second comment period, so anyone interested in commenting should do so at this time. If we do not receive adverse comments, no further activity is planned. For further information, please see the direct final action. Dated: December 24, 2015. Alexis Strauss, Acting Regional Administrator, Region IX. [FR Doc. 2016–02422 Filed 2–8–16; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\09FEP1.SGM 09FEP1

Agencies

[Federal Register Volume 81, Number 26 (Tuesday, February 9, 2016)]
[Proposed Rules]
[Pages 6810-6813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02169]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 402

[Docket No. SLSDC 2016-0003]
RIN 2135-AA38


Tariff of Tolls

AGENCY: Saint Lawrence Seaway Development Corporation, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

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 starting in the 2016 navigation 
season, which are effective only in Canada. An amendment to increase 
the minimum charge per lock for those vessels that are not pleasure 
craft or subject in Canada to tolls under items 1 and 2 of the Tariff 
for full or partial transit of the Seaway will apply in the U.S. (See 
SUPPLEMENTARY INFORMATION.)

DATES: Comments are due March 10, 2016.

ADDRESSES: Docket: For access to the docket to read background 
documents or comments received, go to http://www.Regulations.gov; or in 
person at the Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-001, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Carrie Mann Lavigne, Chief Counsel, 
Saint Lawrence Seaway Development Corporation, 180 Andrews Street, 
Massena, New York 13662; 315/764-3200.

SUPPLEMENTARY INFORMATION: 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 (Schedule 
of Fees and Charges in Canada) in their respective jurisdictions.

[[Page 6811]]

    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 proposing to revise 33 CFR 402.12, 
``Schedule of tolls'', to reflect the fees and charges levied by the 
SLSMC in Canada beginning in the 2016 navigation season. With one 
exception, 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.
    The SLSDC is proposing to amend 33 CFR 402.12, ``Schedule of 
tolls'', to increase the minimum charge per vessel per lock for full or 
partial transit of the Seaway from $26.92 to $27.46. This charge is for 
vessels that are not pleasure craft or subject in Canada to the tolls 
under items 1 and 2 of the Tariff. This increase is due to higher 
operating costs at the locks.
    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 http://dms.dot.gov.

Regulatory Evaluation

    This proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 
proposes to amend 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. In Sec.  402.3, add definitions of ``Gateway Incentive'', ``Toll 
reduction'', and ``Volume commitment'' in alphabetical order to read as 
follows:


Sec.  402.3  Interpretation.

* * * * *
    Gateway Incentive means a percentage reduction, as part of an 
incentive program, negotiated and offered on applicable cargo tolls for 
shipments of a specific commodity diverted to the Seaway from a 
competing gateway.
* * * * *
    Toll reduction means the negotiated percentage of refund on 
applicable cargo tolls under the Gateway Incentive program.
* * * * *
    Volume commitment means the negotiated annual cargo tonnage, with a 
minimum of 250,000 metric tons per year, a shipper must reach for the 
negotiated toll reduction under the Gateway Incentive to become 
applicable.
* * * * *
0
3. Revise paragraph (a) of Sec.  402.4 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.  
402.12. Each charge is calculated on the description set out in column 
1 of Sec.  402.12 and the rate set out in column 2 or 3.
* * * * *
0
4 . Redesignate Sec. Sec.  402.8, 402.9. 402.10, 402.11, 402.12 and 
402.13 as 402.9, 402.10, 402.11, 402.12, 402.13 and 402.14 
respectively.
0
5. Add a new Sec.  402.8 to read as follows:


Sec.  402.8  Gateway Incentive.

    (a) To be eligible for the Gateway Incentive, cargoes, must 
presently be moving between a specific origin and destination via other 
competing gateways.
    (b) To be eligible for the refund applicable under the Gateway 
Incentive program, a shipper, or its representative, must:
    (1) Submit an application to the Manager for the proposed movement 
(cargo/origin/destination) to be approved under the rules of the 
Gateway Incentive program;
    (2) Supply to the Manager the information proving that the proposed 
movement is currently done via a competing gateway;
    (3) Negotiate with the Manager the terms of the proposal, that is 
an applicable toll reduction, a volume commitment, and the duration of 
the proposal.
    (c) The shipper, or its representative, will qualify annually for 
the negotiated toll reduction upon completion of the annual volume 
commitment during the agreed upon duration period.
    (d) The Gateway Incentive applies only to movements of qualified 
cargoes done after the commencement date of the qualified Gateway 
Incentive. Movements done prior to the date of commencement of the 
Gateway Incentive will be ineligible for the rebate.
    (e) The shipper, or its representative, will provide the Manager 
with a request for the Gateway Incentive refund, together with copies 
of any documents required to support the request, within sixty (60 
days) of the close of the navigation season. Requests for refunds 
should be submitted to the Manager, Revenue and Forecast, who will be 
responsible for reviewing all documents

[[Page 6812]]

and data and recommending the refund under the Gateway Incentive.
    (f) The negotiated Gateway Incentive percentage of tolls reduction 
paid in respect of qualifying cargo shipped will be refunded by the 
Manager after the close of the navigation season, once the Manager has 
confirmed through the review of submitted support documents that the 
shipper has met the volume commitment. The SLSMC reserves the right to 
require the ultimate origin and destination of cargoes to validate the 
commitment.
0
6. Revise paragraph (a) of the redesignated Sec.  402.10 to read as 
follows:


Sec.  402.10  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.  402.12 within a period after the clearance date established by 
the Manager and the Corporation set out in column 2 of Sec.  402.12 
shall pay operational surcharges in the amount set out in column 3 of 
Sec.  402.12, prorated on a per-lock basis.
* * * * *
0
7. Revise redesignated Sec.  402.12 to read as follows:


Sec.  402.12   Schedule of tolls.

------------------------------------------------------------------------
               Column 1                     Column 2         Column 3
------------------------------------------------------------------------
                                                             Rate ($)
                                            Rate ($)     Welland Canal--
                     Description of      Montreal to or  Lake Ontario to
      Item               charges           from Lake       or from Lake
                                           Ontario (5    Erie  (8 locks)
                                             locks)
------------------------------------------------------------------------
1...............  Subject to item 3,                     ...............
                   for complete
                   transit of the
                   Seaway, a composite
                   toll, comprising:
                     (1) a charge per   0.1061.........  0.1698.
                      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.  1.0997.........  0.7506.
                       (b) general      2.6498.........  1.2013.
                        cargo.
                       (c) steel slab.  2.3981.........  0.8600.
                       (d)              1.0997.........  0.7506.
                        containerized
                        cargo.
                       (e) government   n/a............  n/a.
                        aid cargo.
                       (f) grain......  0.6756.........  0.7506.
                       (g) coal.......  0.6756.........  0.7506.
                  (3) a charge per      1.6476.........  1.6476.
                   passenger per lock.
                  (4) a lockage charge  n/a............  0.2827.
                   per Gross
                   Registered Ton of
                   the vessel, as
                   defined in tem
                   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       n/a............  3,955.
                   charge per vessel.
2...............  Subject to item 3,    20 per cent per  13 per cent per
                   for partial transit   lock of the      lock of the
                   of the Seaway.        applicable       applicable
                                         charge under     charge under
                                         items 1(1),      items 1(1),
                                         1(2) and 1(4)    1(2) and 1(4)
                                         plus the         plus the
                                         applicable       applicable
                                         charge under     charge under
                                         items 1(3).      items 1(3).
3...............  Minimum charge per    \2\ 27.46......  27.46.
                   vessel per lock
                   transited for full
                   or partial transit
                   of the Seaway.
4...............  A charge per          \4\ 30.00......  30.00.
                   pleasure craft per
                   lock transited for
                   full or partial
                   transit of the
                   Seaway, including
                   applicable federal
                   taxes \3\.
5...............  Under the New         20%............  20%.
                   Business Initiative
                   Program, for cargo
                   accepted as New
                   Business, a
                   percentage rebate
                   on the applicable
                   cargo charges for
                   the approved period.
6...............  Under the Volume      10%............  10%.
                   Rebate Incentive
                   program, a
                   retroactive
                   percentage rebate
                   on cargo tolls on
                   the incremental
                   volume calculated
                   based on the pre-
                   approved maximum
                   volume.
7...............  Under the New         20%............  20%.
                   Service Incentive
                   Program, for New
                   Business cargo
                   moving under an
                   approved new
                   service, an
                   additional
                   percentage refund
                   on applicable cargo
                   tolls above the New
                   Business rebate.
------------------------------------------------------------------------
\1\ Or under the US GRT for vessels prescribed prior to 2002.
\2\ The applicable charged under item 3 at the Saint Lawrence Seaway
  Development Corporation's locks (Eisenhower, Snell) will be collected
  in U.S. dollars. The collection of the U.S. portion of tolls for
  commercial vessels is waived by law (33 U.S.C. 988a(a)). The other
  charges are in Canadian dollars and are for the Canadian share of
  tolls.
\3\ $5.00 discount per lock applicable on ticket purchased for Canadian
  locks via paypal.
\4\ 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.



[[Page 6813]]

    Issued at Washington, DC, on February 1, 2016.

Saint Lawrence Seaway Development Corporation.
Carrie Lavigne,
Chief Counsel.
[FR Doc. 2016-02169 Filed 2-8-16; 8:45 am]
BILLING CODE 4910-61-P