81_FR_14442 81 FR 14390 - Tariff of Tolls

81 FR 14390 - Tariff of Tolls

DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development Corporation

Federal Register Volume 81, Issue 52 (March 17, 2016)

Page Range14390-14392
FR Document2016-05950

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.)

Federal Register, Volume 81 Issue 52 (Thursday, March 17, 2016)
[Federal Register Volume 81, Number 52 (Thursday, March 17, 2016)]
[Rules and Regulations]
[Pages 14390-14392]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05950]


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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: 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 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: This rule will become effective on March 21, 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. A 
Notice of Proposed Rulemaking was published in the Federal Register on 
February 9, 2016. No comments were received. The joint regulations will 
become effective in Canada on March 21, 2016. For consistency, because 
these are joint regulations under international agreement, and to avoid 
confusion among users of the Seaway, the SLSDC finds that there is good 
cause to make the U.S. version of the amendments effective on the same 
date.
    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 402.12, ``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 amending 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 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 seq.) 
because it is not a major federal action significantly affecting the 
quality of the human environment.

Federalism

    The Corporation has analyzed this rule under the principles and 
criteria in Executive Order 13132, dated August 4, 1999, and has 
determined that this rule 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

0
1. The authority citation for part 402 continues to read as follows:


[[Page 14391]]


    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. In Sec.  402.4, revise paragraph (a) 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.
* * * * *
    Sec. Sec.  402.8, 402.9. 402.10, 402.11, 402.12, and 402.13 
[Redesignated as Sec. Sec.  402.9, 402.10, 402.11, 402.12, 402.13, and 
402.14]

0
4. Redesignate Sec. Sec.  402.8, 402.9. 402.10, 402.11, 402.12 and 
402.13 as Sec. Sec.  402.9, 402.10, 402.11, 402.12, 402.13 and 402.14, 
respectively.

0
5. Add 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 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. In newly redesignated Sec.  402.10, revise paragraph (a) 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 newly 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.

[[Page 14392]]

 
                    (4) a lockage       n/a............  0.2827.
                     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     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 (33U.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.


    Issued at Washington, DC, on March 11, 2016.

Saint Lawrence Seaway Development Corporation.
Carrie Lavigne,
Chief Counsel.
[FR Doc. 2016-05950 Filed 3-16-16; 8:45 am]
 BILLING CODE 4910-61-P



                                                  14390             Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Rules and Regulations

                                                  money laundering concern, published                     Saint Lawrence Seaway Development                     Regulatory Evaluation
                                                  on May 25, 2012. FinCEN’s withdrawal                    Corporation, 180 Andrews Street,                         This regulation involves a foreign
                                                  of the finding does not acknowledge any                 Massena, New York 13662; 315/764–                     affairs function of the United States and
                                                  remedial measure taken by Credex/                       3200.                                                 therefore Executive Order 12866 does
                                                  InterPay, but results from the fact that                                                                      not apply and evaluation under the
                                                  Credex/InterPay no longer operates as a                 SUPPLEMENTARY INFORMATION:        The Saint
                                                                                                          Lawrence Seaway Development                           Department of Transportation’s
                                                  foreign financial institution.                                                                                Regulatory Policies and Procedures is
                                                                                                          Corporation (SLSDC) and the St.
                                                  Jamal El-Hindi,                                         Lawrence Seaway Management                            not required.
                                                  Deputy Director, Financial Crimes                       Corporation (SLSMC) of Canada, under                  Regulatory Flexibility Act
                                                  Enforcement Network.                                    international agreement, jointly publish              Determination
                                                  [FR Doc. 2016–04412 Filed 3–16–16; 8:45 am]             and presently administer the St.                         I certify this regulation will not have
                                                  BILLING CODE 4810–02–P                                  Lawrence Seaway Tariff of Tolls                       a significant economic impact on a
                                                                                                          (Schedule of Fees and Charges in                      substantial number of small entities.
                                                                                                          Canada) in their respective jurisdictions.            The St. Lawrence Seaway Tariff of Tolls
                                                  DEPARTMENT OF TRANSPORTATION                            A Notice of Proposed Rulemaking was                   primarily relate to commercial users of
                                                                                                          published in the Federal Register on                  the Seaway, the vast majority of whom
                                                  Saint Lawrence Seaway Development                       February 9, 2016. No comments were
                                                  Corporation                                                                                                   are foreign vessel operators. Therefore,
                                                                                                          received. The joint regulations will                  any resulting costs will be borne mostly
                                                                                                          become effective in Canada on March                   by foreign vessels.
                                                  33 CFR Part 402                                         21, 2016. For consistency, because these
                                                  [Docket No. SLSDC 2016–0003]                            are joint regulations under international             Environmental Impact
                                                                                                          agreement, and to avoid confusion                        This regulation does not require an
                                                  RIN 2135–AA38
                                                                                                          among users of the Seaway, the SLSDC                  environmental impact statement under
                                                  Tariff of Tolls                                         finds that there is good cause to make                the National Environmental Policy Act
                                                                                                          the U.S. version of the amendments                    (49 U.S.C. 4321, et seq.) because it is not
                                                  AGENCY:  Saint Lawrence Seaway                          effective on the same date.                           a major federal action significantly
                                                  Development Corporation, DOT.                              The Tariff sets forth the level of tolls           affecting the quality of the human
                                                  ACTION: Final rule.                                     assessed on all commodities and vessels               environment.
                                                  SUMMARY:    The Saint Lawrence Seaway                   transiting the facilities operated by the             Federalism
                                                  Development Corporation (SLSDC) and                     SLSDC and the SLSMC. The SLSDC is
                                                                                                          revising 33 CFR 402.12, ‘‘Schedule of                   The Corporation has analyzed this
                                                  the St. Lawrence Seaway Management                                                                            rule under the principles and criteria in
                                                  Corporation (SLSMC) of Canada, under                    tolls’’, to reflect the fees and charges
                                                                                                          levied by the SLSMC in Canada                         Executive Order 13132, dated August 4,
                                                  international agreement, jointly publish                                                                      1999, and has determined that this rule
                                                  and presently administer the St.                        beginning in the 2016 navigation
                                                                                                                                                                does not have sufficient federalism
                                                  Lawrence Seaway Tariff of Tolls in their                season. With one exception, the changes
                                                                                                                                                                implications to warrant a Federalism
                                                  respective jurisdictions. The Tariff sets               affect the tolls for commercial vessels
                                                                                                                                                                Assessment.
                                                  forth the level of tolls assessed on all                and are applicable only in Canada. The
                                                  commodities and vessels transiting the                  collection of tolls by the SLSDC on                   Unfunded Mandates
                                                  facilities operated by the SLSDC and the                commercial vessels transiting the U.S.                   The Corporation has analyzed this
                                                  SLSMC. The SLSDC is revising its                        locks is waived by law (33 U.S.C.                     rule under Title II of the Unfunded
                                                  regulations to reflect the fees and                     988a(a)). Accordingly, no notice or                   Mandates Reform Act of 1995 (Pub. L.
                                                  charges levied by the SLSMC in Canada                   comment is necessary on these                         104–4, 109 Stat. 48) and determined that
                                                  starting in the 2016 navigation season,                 amendments.                                           it does not impose unfunded mandates
                                                  which are effective only in Canada. An                     The SLSDC is amending 33 CFR                       on State, local, and tribal governments
                                                  amendment to increase the minimum                       402.12, ‘‘Schedule of tolls’’, to increase            and the private sector requiring a
                                                  charge per lock for those vessels that are              the minimum charge per vessel per lock                written statement of economic and
                                                  not pleasure craft or subject in Canada                 for full or partial transit of the Seaway             regulatory alternatives.
                                                  to tolls under items 1 and 2 of the Tariff              from $26.92 to $27.46. This charge is for
                                                  for full or partial transit of the Seaway                                                                     Paperwork Reduction Act
                                                                                                          vessels that are not pleasure craft or
                                                  will apply in the U.S. (See                             subject in Canada to the tolls under                    This regulation has been analyzed
                                                  SUPPLEMENTARY INFORMATION.)                             items 1 and 2 of the Tariff. This increase            under the Paperwork Reduction Act of
                                                  DATES: This rule will become effective                  is due to higher operating costs at the               1995 and does not contain new or
                                                  on March 21, 2016.                                      locks.                                                modified information collection
                                                  ADDRESSES: Docket: For access to the
                                                                                                                                                                requirements subject to the Office of
                                                                                                             Regulatory Notices: Privacy Act:                   Management and Budget review.
                                                  docket to read background documents                     Anyone is able to search the electronic
                                                  or comments received, go to http://                     form of all comments received into any                List of Subjects in 33 CFR Part 402
                                                  www.Regulations.gov; or in person at                    of our dockets by the name of the                       Vessels, Waterways.
                                                  the Docket Management Facility; U.S.                    individual submitting the comment (or                   Accordingly, the Saint Lawrence
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  Department of Transportation, 1200                      signing the comment, if submitted on
                                                  New Jersey Avenue SE., West Building                                                                          Seaway Development Corporation is
                                                                                                          behalf of an association, business, labor             amending 33 CFR part 402, Tariff of
                                                  Ground Floor, Room W12–140,                             union, etc.). You may review DOT’s
                                                  Washington, DC 20590–001, between 9                                                                           Tolls, as follows:
                                                                                                          complete Privacy Act Statement in the
                                                  a.m. and 5 p.m., Monday through                         Federal Register published on April 11,               PART 402—TARIFF OF TOLLS
                                                  Friday, except Federal Holidays.                        2000 (Volume 65, Number 70; Pages
                                                  FOR FURTHER INFORMATION CONTACT:                        19477–78) or you may visit http://                    ■ 1. The authority citation for part 402
                                                  Carrie Mann Lavigne, Chief Counsel,                     dms.dot.gov.                                          continues to read as follows:


                                             VerDate Sep<11>2014   15:58 Mar 16, 2016   Jkt 238001   PO 00000   Frm 00022   Fmt 4700   Sfmt 4700   E:\FR\FM\17MRR1.SGM   17MRR1


                                                                           Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Rules and Regulations                                                                                 14391

                                                    Authority: 33 U.S.C. 983(a), 984(a)(4), and                            ■ 4. Redesignate §§ 402.8, 402.9. 402.10,                                for the Gateway Incentive refund,
                                                  988, as amended; 49 CFR 1.52.                                            402.11, 402.12 and 402.13 as §§ 402.9,                                   together with copies of any documents
                                                  ■  2. In § 402.3, add definitions of                                     402.10, 402.11, 402.12, 402.13 and                                       required to support the request, within
                                                  ‘‘Gateway Incentive’’, ‘‘Toll reduction’’,                               402.14, respectively.                                                    sixty (60 days) of the close of the
                                                  and ‘‘Volume commitment’’ in                                             ■ 5. Add § 402.8 to read as follows:                                     navigation season. Requests for refunds
                                                  alphabetical order to read as follows:                                                                                                            should be submitted to the Manager,
                                                                                                                           § 402.8       Gateway Incentive.                                         Revenue and Forecast, who will be
                                                  § 402.3       Interpretation.                                              (a) To be eligible for the Gateway                                     responsible for reviewing all documents
                                                  *     *     *      *     *                                               Incentive, cargoes, must presently be                                    and data and recommending the refund
                                                    Gateway Incentive means a percentage                                   moving between a specific origin and                                     under the Gateway Incentive.
                                                  reduction, as part of an incentive                                       destination via other competing
                                                  program, negotiated and offered on                                                                                                                   (f) The negotiated Gateway Incentive
                                                                                                                           gateways.
                                                  applicable cargo tolls for shipments of a                                  (b) To be eligible for the refund                                      percentage of tolls reduction paid in
                                                  specific commodity diverted to the                                       applicable under the Gateway Incentive                                   respect of qualifying cargo shipped will
                                                  Seaway from a competing gateway.                                         program, a shipper, or its representative,                               be refunded by the Manager after the
                                                  *     *     *      *     *                                               must:                                                                    close of the navigation season, once the
                                                    Toll reduction means the negotiated                                      (1) Submit an application to the                                       Manager has confirmed through the
                                                  percentage of refund on applicable cargo                                 Manager for the proposed movement                                        review of submitted support documents
                                                  tolls under the Gateway Incentive                                        (cargo/origin/destination) to be                                         that the shipper has met the volume
                                                  program.                                                                 approved under the rules of the                                          commitment. The SLSMC reserves the
                                                  *     *     *      *     *                                               Gateway Incentive program;                                               right to require the ultimate origin and
                                                    Volume commitment means the                                              (2) Supply to the Manager the                                          destination of cargoes to validate the
                                                  negotiated annual cargo tonnage, with a                                  information proving that the proposed                                    commitment.
                                                  minimum of 250,000 metric tons per                                       movement is currently done via a                                         ■ 6. In newly redesignated § 402.10,
                                                  year, a shipper must reach for the                                       competing gateway;                                                       revise paragraph (a) to read as follows:
                                                  negotiated toll reduction under the                                        (3) Negotiate with the Manager the
                                                  Gateway Incentive to become                                              terms of the proposal, that is an                                        § 402.10 Post-clearance date operational
                                                  applicable.                                                              applicable toll reduction, a volume                                      surcharges.
                                                  *     *     *      *     *                                               commitment, and the duration of the                                         (a) Subject to paragraph (b) of this
                                                  ■ 3. In § 402.4, revise paragraph (a) to                                 proposal.                                                                section, a vessel that reports for its final
                                                  read as follows:                                                           (c) The shipper, or its representative,                                transit of the Seaway from a place set
                                                                                                                           will qualify annually for the negotiated                                 out in column 1 of § 402.12 within a
                                                  § 402.4       Tolls.                                                     toll reduction upon completion of the                                    period after the clearance date
                                                     (a) Every vessel entering, passing                                    annual volume commitment during the                                      established by the Manager and the
                                                  through or leaving the Seaway shall pay                                  agreed upon duration period.
                                                                                                                                                                                                    Corporation set out in column 2 of
                                                  a toll that is the sum of each applicable                                  (d) The Gateway Incentive applies
                                                  charge in § 402.12. Each charge is                                                                                                                § 402.12 shall pay operational
                                                                                                                           only to movements of qualified cargoes
                                                  calculated on the description set out in                                                                                                          surcharges in the amount set out in
                                                                                                                           done after the commencement date of
                                                  column 1 of § 402.12 and the rate set out                                                                                                         column 3 of § 402.12, prorated on a per-
                                                                                                                           the qualified Gateway Incentive.
                                                  in column 2 or 3.                                                                                                                                 lock basis.
                                                                                                                           Movements done prior to the date of
                                                  *      *     *     *    *                                                commencement of the Gateway                                              *      *     *     *    *
                                                     §§ 402.8, 402.9. 402.10, 402.11,                                      Incentive will be ineligible for the                                     ■ 7. Revise newly redesignated § 402.12
                                                  402.12, and 402.13 [Redesignated as                                      rebate.                                                                  to read as follows:
                                                  §§ 402.9, 402.10, 402.11, 402.12, 402.13,                                  (e) The shipper, or its representative,
                                                  and 402.14]                                                              will provide the Manager with a request                                  § 402.12        Schedule of tolls.

                                                                                                     Column 1                                                                             Column 2                                    Column 3

                                                                                                                                                                            Rate ($) Montreal to or from                    Rate ($) Welland Canal—Lake
                                                         Item                                           Description of charges                                                     Lake Ontario                              Ontario to or from Lake Erie
                                                                                                                                                                                     (5 locks)                                         (8 locks)

                                                  1 ...................    Subject to item 3, for complete transit of the Seaway, a com-
                                                                             posite toll, comprising.
                                                                             (1) a charge per gross registered ton of the ship, applicable                                0.1061 .....................................      0.1698.
                                                                               whether the ship is wholly or partially laden, or is in bal-
                                                                               last, 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:
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                                                  (a) bulk cargo .................................................................        1.0997 .....................................      0.7506.
                                                                                  (b) general cargo ............................................................          2.6498 .....................................      1.2013.
                                                                                  (c) steel slab ...................................................................      2.3981 .....................................      0.8600.
                                                                                  (d) containerized cargo ..................................................              1.0997 .....................................      0.7506.
                                                                                  (e) government aid cargo ...............................................                n/a ...........................................   n/a.
                                                                                  (f) grain ...........................................................................   0.6756 .....................................      0.7506.
                                                                                  (g) coal ...........................................................................    0.6756 .....................................      0.7506.
                                                                             (3) a charge per passenger per lock .....................................                    1.6476 .....................................      1.6476.



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                                                  14392                    Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Rules and Regulations

                                                                                                Column 1                                                              Column 2                                      Column 3

                                                                                                                                                        Rate ($) Montreal to or from                      Rate ($) Welland Canal—Lake
                                                         Item                                     Description of charges                                       Lake Ontario                                Ontario to or from Lake Erie
                                                                                                                                                                 (5 locks)                                           (8 locks)

                                                                             (4) a lockage charge per Gross Registered Ton of the ves-                n/a ...........................................     0.2827.
                                                                               sel, 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 ....................................   n/a ...........................................     3,955.
                                                  2 ...................    Subject to item 3, for partial transit of the Seaway ..................    20 per cent per lock of the ap-                     13 per cent per lock of the ap-
                                                                                                                                                         plicable charge under items                        plicable charge under items
                                                                                                                                                         1(1), 1(2) and 1(4) plus the                       1(1), 1(2) and 1(4) plus the
                                                                                                                                                         applicable charge under                            applicable charge under
                                                                                                                                                         items 1(3).                                        items 1(3).
                                                  3 ...................    Minimum charge per vessel per lock transited for full or par-              2 27.46 .....................................       27.46.
                                                                             tial transit of the Seaway.
                                                  4 ...................    A charge per pleasure craft per lock transited for full or partial         4 30.00     .....................................   30.00.
                                                                             transit of the Seaway, including applicable federal taxes 3.
                                                  5 ...................    Under the New Business Initiative Program, for cargo accept-               20% .........................................       20%.
                                                                             ed as New Business, a percentage rebate on the applica-
                                                                             ble cargo charges for the approved period.
                                                  6 ...................    Under the Volume Rebate Incentive program, a retroactive                   10% .........................................       10%.
                                                                             percentage rebate on cargo tolls on the incremental volume
                                                                             calculated based on the pre-approved maximum volume.
                                                  7 ...................    Under the New Service Incentive Program, for New Business                  20% .........................................       20%.
                                                                             cargo moving under an approved new service, an addi-
                                                                             tional percentage refund on applicable cargo tolls above
                                                                             the New Business rebate.
                                                     1 Orunder the US GRT for vessels prescribed prior to 2002.
                                                     2 Theapplicable 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 (33U.S.C. 988a(a)). The other charges are in Ca-
                                                  nadian 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.


                                                    Issued at Washington, DC, on March 11,                       Chapter V.’’ In the direct final rule                           2016, the rule would be withdrawn and
                                                  2016.                                                          published on February 17, 2016, we                              not take effect. EPA subsequently
                                                  Saint Lawrence Seaway Development                              stated that if we received adverse                              received an adverse comment. EPA will
                                                  Corporation.                                                   comment by March 18, 2016, the rule                             address the comment received in a
                                                  Carrie Lavigne,                                                would be withdrawn and not take effect.                         subsequent final action based upon the
                                                  Chief Counsel.                                                 EPA subsequently received an adverse                            proposed action also published on
                                                  [FR Doc. 2016–05950 Filed 3–16–16; 8:45 am]                    comment. EPA will address the                                   February 17, 2016, (81 FR 8030). EPA
                                                  BILLING CODE 4910–61–P                                         comment received in a subsequent final                          will not institute a second comment
                                                                                                                 action based upon the proposed action                           period on this action.
                                                                                                                 also published on February 17, 2016.
                                                  ENVIRONMENTAL PROTECTION                                       EPA will not institute a second                                 List of Subjects in 40 CFR Part 52
                                                  AGENCY                                                         comment period on this action.
                                                                                                                                                                                   Environmental protection, Air
                                                                                                                 DATES: Effective March 17, 2016, the
                                                  40 CFR Part 52                                                                                                                 pollution control, Intergovernmental
                                                                                                                 direct final rule published at 81 FR
                                                                                                                 7979, February 17, 2016, is withdrawn.                          relations, Incorporation by reference,
                                                  [EPA–R07–OAR–2016–0045; FRL–9943–89-                                                                                           Reporting and recordkeeping
                                                  Region 7]                                                      FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                                 requirements.
                                                                                                                 Heather Hamilton Environmental
                                                  Approval of Iowa Air Quality                                   Protection Agency, Air Planning and                               Dated: March 9, 2016.
                                                  Implementation Plans; Withdrawal of                            Development Branch, 11201 Renner                                Mark Hague,
                                                  Direct Final Rule; Polk County Board                           Boulevard, Lenexa, Kansas 66219 at                              Regional Administrator, Region 7.
                                                  of Health Rules and Regulations,                               913–551–7039, or by email at
                                                  Chapter V, Revisions                                           Hamilton.heather@epa.gov.                                       ■ Accordingly, the direct final rule
                                                  AGENCY: Environmental Protection                               SUPPLEMENTARY INFORMATION: Due to an                            published at 81 FR 7979, February 17,
                                                  Agency (EPA).                                                  adverse comment, the Environmental                              2016, is withdrawn as of March 17,
                                                  ACTION: Withdrawal of direct final rule.                       Protection Agency (EPA) is withdrawing                          2016.
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                                                                                 the direct final rule to approve a state
                                                                                                                                                                                 [FR Doc. 2016–06061 Filed 3–16–16; 8:45 am]
                                                  SUMMARY:   Due to an adverse comment,                          implementation plan revision submitted
                                                                                                                                                                                 BILLING CODE 6560–50–P
                                                  the Environmental Protection Agency                            by the State of Iowa pertaining to the
                                                  (EPA) is withdrawing the direct final                          ‘‘Polk County Board of Health Rules and
                                                  rule to approve a state implementation                         Regulations, Chapter V.’’ In the direct
                                                  plan revision submitted by the State of                        final rule published on February 17,
                                                  Iowa pertaining to the ‘‘Polk County                           2016, (81 FR 7979), we stated that if we
                                                  Board of Health Rules and Regulations,                         received adverse comment by March 18,


                                             VerDate Sep<11>2014          15:58 Mar 16, 2016   Jkt 238001   PO 00000   Frm 00024   Fmt 4700   Sfmt 9990    E:\FR\FM\17MRR1.SGM               17MRR1



Document Created: 2016-03-17 00:57:58
Document Modified: 2016-03-17 00:57:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule will become effective on March 21, 2016.
ContactCarrie Mann Lavigne, Chief Counsel, Saint Lawrence Seaway Development Corporation, 180 Andrews Street, Massena, New York 13662; 315/764-3200.
FR Citation81 FR 14390 
RIN Number2135-AA38
CFR AssociatedVessels and Waterways

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