81_FR_6836 81 FR 6810 - Tariff of Tolls

81 FR 6810 - Tariff of Tolls

DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development Corporation

Federal Register Volume 81, Issue 26 (February 9, 2016)

Page Range6810-6813
FR Document2016-02169

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 26 (Tuesday, February 9, 2016)
[Federal Register Volume 81, Number 26 (Tuesday, February 9, 2016)]
[Proposed Rules]
[Pages 6810-6813]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02169]


=======================================================================
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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: 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



                                                    6810                   Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Proposed Rules

                                                    § 3280.2    Definitions.                                   (b) Definition. A Recreational Vehicle             DEPARTMENT OF TRANSPORTATION
                                                    *      *    *     *     *                               is:
                                                       Manufactured home means a                                                                                  Saint Lawrence Seaway Development
                                                                                                               (1) A factory built vehicular structure,
                                                    structure, transportable in one or more                                                                       Corporation
                                                                                                            not certified as a manufactured home;
                                                    sections, which in the traveling mode is
                                                                                                               (2) Designed only for recreational use             33 CFR Part 402
                                                    8 body feet or more in width or 40 body
                                                                                                            and not as a primary residence or for
                                                    feet or more in length or which when                                                                          [Docket No. SLSDC 2016–0003]
                                                    erected on-site is 320 or more square                   permanent occupancy; and is either:
                                                                                                               (3) Built and certified in accordance              RIN 2135–AA38
                                                    feet, and which is built on a permanent
                                                    chassis and designed to be used as a                    with either the NFPA 1192–15,                         Tariff of Tolls
                                                    dwelling with or without a permanent                    Standard for Recreational Vehicles or
                                                    foundation when connected to the                        ANSI A119.5–15, Recreational Park                     AGENCY: Saint Lawrence Seaway
                                                    required utilities, and includes the                    Trailer Standard as provided by                       Development Corporation, DOT.
                                                    plumbing, heating, air-conditioning, and                paragraph (c) of this section; or                     ACTION: Notice of proposed rulemaking.
                                                    electrical systems contained in the                        (4) Any vehicle which is self-
                                                    structure. This term includes all                                                                             SUMMARY:    The Saint Lawrence Seaway
                                                                                                            propelled.                                            Development Corporation (SLSDC) and
                                                    structures that meet the above
                                                    requirements except the size                               (c) Notice and certification                       the St. Lawrence Seaway Management
                                                    requirements and with respect to which                  requirements. In order to be exempt, an               Corporation (SLSMC) of Canada, under
                                                    the manufacturer voluntarily files a                    ANSI A119.5–15 certified recreational                 international agreement, jointly publish
                                                    certification pursuant to § 3282.13 of                  vehicle must contain a Notice                         and presently administer the St.
                                                    this chapter and complies with the                      prominently displayed in a temporary                  Lawrence Seaway Tariff of Tolls in their
                                                    construction and safety standards set                   manner in the kitchen (i.e., countertop               respective jurisdictions. The Tariff sets
                                                    forth in this part. The term does not                   or exposed cabinet face) which must                   forth the level of tolls assessed on all
                                                    include any recreational vehicle as                     read as follows:                                      commodities and vessels transiting the
                                                    specified in § 3282.15 of this chapter.                                                                       facilities operated by the SLSDC and the
                                                                                                               (1) Title of Notice. The title of the              SLSMC. The SLSDC is revising its
                                                    Calculations used to determine the                      Notice shall be ‘‘*****NOTICE*****’’
                                                    number of square feet in a structure will                                                                     regulations to reflect the fees and
                                                                                                            which shall be legible and typed using                charges levied by the SLSMC in Canada
                                                    include the total of square feet for each
                                                                                                            bold letters at least 1 inch in size.                 starting in the 2016 navigation season,
                                                    transportable section comprising the
                                                    completed structure and will be based                      (2) Content of Notice. The content of              which are effective only in Canada. An
                                                    on the structure’s exterior dimensions                  the notice text shall be as follows:                  amendment to increase the minimum
                                                    measured at the largest horizontal                         The Manufacturer of this unit certifies that
                                                                                                                                                                  charge per lock for those vessels that are
                                                    projections when erected on site. These                 it is a Park Model Recreational Vehicle               not pleasure craft or subject in Canada
                                                    dimensions will include all expandable                  designed only for recreational use, and not           to tolls under items 1 and 2 of the Tariff
                                                    rooms, cabinets, and other projections                  for use as a primary residence or for                 for full or partial transit of the Seaway
                                                    containing interior space, but do not                   permanent occupancy. The manufacturer of              will apply in the U.S. (See
                                                    include bay windows. Nothing in this                    this unit further certifies that this unit has        SUPPLEMENTARY INFORMATION.)
                                                    definition should be interpreted to mean                been built in accordance with the ANSI                DATES: Comments are due March 10,
                                                    that a manufactured home necessarily                    A119.5–15 consensus standard for Park                 2016.
                                                    meets the requirements of HUD’s                         Model Recreational Vehicles.                          ADDRESSES:  Docket: For access to the
                                                    Minimum Property Standards (HUD                                                                               docket to read background documents
                                                    Handbook 4900.1) or that it is                             (3) Text of Notice. The text of the
                                                                                                            Notice, aside from the Notice’s title                 or comments received, go to http://
                                                    automatically eligible for financing                                                                          www.Regulations.gov; or in person at
                                                    under 12 U.S.C. 1709(b).                                shall be legible and typed using letters
                                                                                                                                                                  the Docket Management Facility; U.S.
                                                    *      *    *     *     *                               at least 1⁄2 inch in size.
                                                                                                                                                                  Department of Transportation, 1200
                                                                                                               (4) Removal of Notice. The Notice                  New Jersey Avenue SE., West Building
                                                    PART 3282—MANUFACTURED HOME                             shall not be removed by any party until               Ground Floor, Room W12–140,
                                                    PROCEDURAL AND ENFORCEMENT                              the entire sales transaction has been                 Washington, DC 20590–001, between 9
                                                    REGULATIONS                                             completed. A sales transaction is                     a.m. and 5 p.m., Monday through
                                                    ■  3. The authority citation for part 3282              considered complete as defined under                  Friday, except Federal Holidays.
                                                    is revised to read as follows:                          § 3282.252(b).                                        FOR FURTHER INFORMATION CONTACT:
                                                      Authority: 28 U.S.C. 2461, 42 U.S.C.                    Dated: January 4, 2016.                             Carrie Mann Lavigne, Chief Counsel,
                                                    3535(d), 5403, and 5424.                                Edward L. Golding,
                                                                                                                                                                  Saint Lawrence Seaway Development
                                                                                                                                                                  Corporation, 180 Andrews Street,
                                                                                                            Principal Deputy Assistant Secretary for
                                                    § 3282.8    [Amended]                                                                                         Massena, New York 13662; 315/764–
                                                                                                            Housing.
                                                    ■ 4. In § 3282.8, remove and reserve                                                                          3200.
                                                                                                            [FR Doc. 2016–02387 Filed 2–8–16; 8:45 am]
                                                    paragraph (g).                                                                                                SUPPLEMENTARY INFORMATION:     The Saint
                                                                                                            BILLING CODE 4210–67–P
                                                                                                                                                                  Lawrence Seaway Development
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                    ■ 5. Add § 3282.15 to subpart A to read
                                                    as follows:                                                                                                   Corporation (SLSDC) and the St.
                                                                                                                                                                  Lawrence Seaway Management
                                                    § 3282.15    Exception for recreational                                                                       Corporation (SLSMC) of Canada, under
                                                    vehicles.                                                                                                     international agreement, jointly publish
                                                      (a) Exception. A recreational vehicle                                                                       and presently administer the St.
                                                    that meets the requirements of this                                                                           Lawrence Seaway Tariff of Tolls
                                                    section is exempt from 24 CFR parts                                                                           (Schedule of Fees and Charges in
                                                    3280 and 3282.                                                                                                Canada) in their respective jurisdictions.


                                               VerDate Sep<11>2014   17:10 Feb 08, 2016   Jkt 238001   PO 00000   Frm 00020   Fmt 4702   Sfmt 4702   E:\FR\FM\09FEP1.SGM   09FEP1


                                                                           Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Proposed Rules                                            6811

                                                       The Tariff sets forth the level of tolls             federal action significantly affecting the            Gateway Incentive to become
                                                    assessed on all commodities and vessels                 quality of the human environment.                     applicable.
                                                    transiting the facilities operated by the                                                                     *     *     *    *    *
                                                                                                            Federalism
                                                    SLSDC and the SLSMC. The SLSDC is                                                                             ■ 3. Revise paragraph (a) of § 402.4 to
                                                    proposing to revise 33 CFR 402.12,                        The Corporation has analyzed this                   read as follows:
                                                    ‘‘Schedule of tolls’’, to reflect the fees              proposed rule under the principles and
                                                    and charges levied by the SLSMC in                      criteria in Executive Order 13132, dated              § 402.4    Tolls.
                                                    Canada beginning in the 2016                            August 4, 1999, and has determined that                  (a) Every vessel entering, passing
                                                    navigation season. With one exception,                  this proposal does not have sufficient                through or leaving the Seaway shall pay
                                                    the changes affect the tolls for                        federalism implications to warrant a                  a toll that is the sum of each applicable
                                                    commercial vessels and are applicable                   Federalism Assessment.                                charge in § 402.12. Each charge is
                                                    only in Canada. The collection of tolls                                                                       calculated on the description set out in
                                                                                                            Unfunded Mandates
                                                    by the SLSDC on commercial vessels                                                                            column 1 of § 402.12 and the rate set out
                                                    transiting the U.S. locks is waived by                     The Corporation has analyzed this                  in column 2 or 3.
                                                    law (33 U.S.C. 988a(a)). Accordingly, no                proposed rule under Title II of the                   *      *     *     *    *
                                                    notice or comment is necessary on these                 Unfunded Mandates Reform Act of 1995                  ■ 4 . Redesignate §§ 402.8, 402.9.
                                                    amendments.                                             (Pub. L. 104–4, 109 Stat. 48) and                     402.10, 402.11, 402.12 and 402.13 as
                                                                                                            determined that it does not impose                    402.9, 402.10, 402.11, 402.12, 402.13
                                                       The SLSDC is proposing to amend 33
                                                                                                            unfunded mandates on State, local, and                and 402.14 respectively.
                                                    CFR 402.12, ‘‘Schedule of tolls’’, to
                                                                                                            tribal governments and the private                    ■ 5. Add a new § 402.8 to read as
                                                    increase the minimum charge per vessel
                                                                                                            sector requiring a written statement of               follows:
                                                    per lock for full or partial transit of the
                                                                                                            economic and regulatory alternatives.
                                                    Seaway from $26.92 to $27.46. This                                                                            § 402.8    Gateway Incentive.
                                                    charge is for vessels that are not                      Paperwork Reduction Act
                                                    pleasure craft or subject in Canada to                                                                          (a) To be eligible for the Gateway
                                                                                                              This proposed regulation has been                   Incentive, cargoes, must presently be
                                                    the tolls under items 1 and 2 of the                    analyzed under the Paperwork
                                                    Tariff. This increase is due to higher                                                                        moving between a specific origin and
                                                                                                            Reduction Act of 1995 and does not                    destination via other competing
                                                    operating costs at the locks.                           contain new or modified information                   gateways.
                                                       Regulatory Notices: Privacy Act:                     collection requirements subject to the                  (b) To be eligible for the refund
                                                    Anyone is able to search the electronic                 Office of Management and Budget                       applicable under the Gateway Incentive
                                                    form of all comments received into any                  review.                                               program, a shipper, or its representative,
                                                    of our dockets by the name of the                                                                             must:
                                                    individual submitting the comment (or                   List of Subjects in 33 CFR Part 402
                                                                                                                                                                    (1) Submit an application to the
                                                    signing the comment, if submitted on                      Vessels, Waterways.                                 Manager for the proposed movement
                                                    behalf of an association, business, labor                 Accordingly, the Saint Lawrence                     (cargo/origin/destination) to be
                                                    union, etc.). You may review DOT’s                      Seaway Development Corporation                        approved under the rules of the
                                                    complete Privacy Act Statement in the                   proposes to amend 33 CFR part 402,                    Gateway Incentive program;
                                                    Federal Register published on April 11,                 Tariff of Tolls, as follows:                            (2) Supply to the Manager the
                                                    2000 (Volume 65, Number 70; Pages                                                                             information proving that the proposed
                                                    19477–78) or you may visit http://                      PART 402—TARIFF OF TOLLS                              movement is currently done via a
                                                    dms.dot.gov.                                                                                                  competing gateway;
                                                                                                            ■ 1. The authority citation for Part 402
                                                    Regulatory Evaluation                                                                                           (3) Negotiate with the Manager the
                                                                                                            continues to read as follows:
                                                                                                                                                                  terms of the proposal, that is an
                                                      This proposed regulation involves a                     Authority: 33 U.S.C. 983(a), 984(a)(4) and          applicable toll reduction, a volume
                                                    foreign affairs function of the United                  988, as amended; 49 CFR 1.52.                         commitment, and the duration of the
                                                    States and therefore Executive Order                    ■  2. In § 402.3, add definitions of                  proposal.
                                                    12866 does not apply and evaluation                     ‘‘Gateway Incentive’’, ‘‘Toll reduction’’,              (c) The shipper, or its representative,
                                                    under the Department of                                 and ‘‘Volume commitment’’ in                          will qualify annually for the negotiated
                                                    Transportation’s Regulatory Policies and                alphabetical order to read as follows:                toll reduction upon completion of the
                                                    Procedures is not required.                                                                                   annual volume commitment during the
                                                                                                            § 402.3   Interpretation.
                                                    Regulatory Flexibility Act                                                                                    agreed upon duration period.
                                                                                                            *     *     *     *    *                                (d) The Gateway Incentive applies
                                                    Determination                                             Gateway Incentive means a percentage                only to movements of qualified cargoes
                                                      I certify this proposed regulation will               reduction, as part of an incentive                    done after the commencement date of
                                                    not have a significant economic impact                  program, negotiated and offered on                    the qualified Gateway Incentive.
                                                    on a substantial number of small                        applicable cargo tolls for shipments of a             Movements done prior to the date of
                                                    entities. The St. Lawrence Seaway Tariff                specific commodity diverted to the                    commencement of the Gateway
                                                    of Tolls primarily relate to commercial                 Seaway from a competing gateway.                      Incentive will be ineligible for the
                                                    users of the Seaway, the vast majority of               *     *     *     *    *                              rebate.
                                                    whom are foreign vessel operators.                        Toll reduction means the negotiated                   (e) The shipper, or its representative,
                                                    Therefore, any resulting costs will be                  percentage of refund on applicable cargo              will provide the Manager with a request
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                                                    borne mostly by foreign vessels.                        tolls under the Gateway Incentive                     for the Gateway Incentive refund,
                                                                                                            program.                                              together with copies of any documents
                                                    Environmental Impact
                                                                                                            *     *     *     *    *                              required to support the request, within
                                                      This proposed regulation does not                       Volume commitment means the                         sixty (60 days) of the close of the
                                                    require an environmental impact                         negotiated annual cargo tonnage, with a               navigation season. Requests for refunds
                                                    statement under the National                            minimum of 250,000 metric tons per                    should be submitted to the Manager,
                                                    Environmental Policy Act (49 U.S.C.                     year, a shipper must reach for the                    Revenue and Forecast, who will be
                                                    4321, et reg.) because it is not a major                negotiated toll reduction under the                   responsible for reviewing all documents


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                                                    6812                           Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Proposed Rules

                                                    and data and recommending the refund                                    destination of cargoes to validate the                                    established by the Manager and the
                                                    under the Gateway Incentive.                                            commitment.                                                               Corporation set out in column 2 of
                                                       (f) The negotiated Gateway Incentive                                 ■ 6. Revise paragraph (a) of the                                          § 402.12 shall pay operational
                                                    percentage of tolls reduction paid in                                   redesignated § 402.10 to read as follows:                                 surcharges in the amount set out in
                                                    respect of qualifying cargo shipped will                                                                                                          column 3 of § 402.12, prorated on a per-
                                                    be refunded by the Manager after the                                    § 402.10 Post-clearance date operational
                                                                                                                            surcharges.                                                               lock basis.
                                                    close of the navigation season, once the
                                                    Manager has confirmed through the                                          (a) Subject to paragraph (b) of this                                   *     *     *    *    *
                                                    review of submitted support documents                                   section, a vessel that reports for its final                              ■ 7. Revise redesignated § 402.12 to read
                                                    that the shipper has met the volume                                     transit of the Seaway from a place set                                    as follows:
                                                    commitment. The SLSMC reserves the                                      out in column 1 of § 402.12 within a
                                                    right to require the ultimate origin and                                period after the clearance date                                           § 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, applica-                              0.1061 .....................................        0.1698.
                                                                                     ble whether the ship is wholly or partially laden, or is in
                                                                                     ballast, and the gross registered tonnage being cal-
                                                                                     culated 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 ..............................................................       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.
                                                                             (4) a lockage charge per Gross Registered Ton of the vessel,                                  n/a ...........................................     0.2827.
                                                                               as defined in tem 1(1), applicable whether the ship is whol-
                                                                               ly or partially laden, or is in ballast, for transit of the Wel-
                                                                               land 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 (33 U.S.C. 988a(a)). The other charges are in Ca-
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                                                    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.




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                                                                           Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Proposed Rules                                                 6813

                                                      Issued at Washington, DC, on February 1,              from the EPA (80 FR 77284, December                   cannot be edited or removed from
                                                    2016.                                                   14, 2015) in order to ensure that the                 Regulations.gov. For either manner of
                                                    Saint Lawrence Seaway Development                       public has sufficient time to review and              submission, the EPA may publish any
                                                    Corporation.                                            comment on the proposal. That proposal                comment received to its public docket.
                                                    Carrie Lavigne,                                         provided for a public comment period                  Do not submit electronically any
                                                    Chief Counsel.                                          ending February 12, 2016.                             information you consider to be
                                                    [FR Doc. 2016–02169 Filed 2–8–16; 8:45 am]                 The EPA received several requests                  Confidential Business Information (CBI)
                                                    BILLING CODE 4910–61–P                                  from the public to extend this comment                or other information whose disclosure is
                                                                                                            period and this notice is the Agency’s                restricted by statute. Multimedia
                                                                                                            response to those persons who                         submissions (audio, video, etc.) must be
                                                    ENVIRONMENTAL PROTECTION                                requested an extension of the comment                 accompanied by a written comment.
                                                    AGENCY                                                  period. In addition, EPA is providing
                                                                                                                                                                  The written comment is considered the
                                                                                                            notice that additional support
                                                                                                                                                                  official comment and should include
                                                    40 CFR Parts 7 and 9                                    documents are available for public
                                                                                                            inspection in the rulemaking docket.                  discussion of all points you wish to
                                                    [EPA–HQ–OA–2013–0031; FRL–9941–58–                      Finally, in response to significant public            make. The EPA will generally not
                                                    OA]                                                     interest in the proposed rule, the                    consider comments or comment
                                                    RIN 2090–AA39                                           Agency will conduct one additional                    contents located outside of the primary
                                                                                                            public session in Washington, DC.                     submission (i.e. on the web, cloud, or
                                                    Nondiscrimination in Programs or                        Additional information on this                        other file sharing system). For
                                                    Activities Receiving Federal                            announcement is located at                            additional submission methods, please
                                                    Assistance From the Environmental                       www.epa.gov/ocr.                                      contact the person identified in the FOR
                                                    Protection Agency; Comment                                                                                    FURTHER INFORMATION CONTACT section.
                                                                                                              Dated: February 1, 2016.
                                                    Extension                                                                                                     For the full EPA public comment policy,
                                                                                                            Velveta Golightly-Howell,
                                                                                                                                                                  information about CBI or multimedia
                                                    AGENCY:  Environmental Protection                       Director, Office of Civil Rights.
                                                                                                                                                                  submissions, and general guidance on
                                                    Agency (EPA).                                           [FR Doc. 2016–02589 Filed 2–8–16; 8:45 am]
                                                                                                                                                                  making effective comments, please visit
                                                    ACTION: Proposed rule; extension of                     BILLING CODE 6560–50–P
                                                                                                                                                                  http://www2.epa.gov/dockets/
                                                    comment period.                                                                                               commenting-epa-dockets.
                                                    SUMMARY:   The Environmental Protection                 ENVIRONMENTAL PROTECTION                              SUPPLEMENTARY INFORMATION:
                                                    Agency (EPA) is extending the comment                   AGENCY                                                Throughout this document, ‘‘we,’’ ‘‘us’’
                                                    period for the proposed rule titled                                                                           and ‘‘our’’ refer to the EPA. This
                                                    ‘‘Nondiscrimination in Programs or                      40 CFR Part 52                                        proposal addresses local rules 2.22 and
                                                    Activities Receiving Federal Assistance                 [EPA–R09–OAR–2015–0756; FRL–9941–10–                  2.34. In the Rules and Regulations
                                                    from the Environmental Protection                       Region 9]                                             section of this Federal Register, we are
                                                    Agency’’ that was published in the                                                                            approving these local rules in a direct
                                                    Federal Register on December 14, 2015.                  Approval of California Air Plan
                                                                                                                                                                  final action without prior proposal
                                                    This action extends the deadline for                    Revisions, Yolo-Solano Air Quality
                                                                                                                                                                  because we believe these SIP revisions
                                                    submitting written comments on the                      Management District
                                                    proposed rule. This extension provides                                                                        are not controversial. If we receive
                                                    an additional 30 days for the public to                 AGENCY:  Environmental Protection                     adverse comments, however, we will
                                                    provide written comments.                               Agency (EPA).                                         publish a timely withdrawal of the
                                                                                                            ACTION: Proposed rule.                                direct final rule and address the
                                                    DATES: Comments, identified by docket
                                                                                                                                                                  comments in subsequent action based
                                                    identification (ID) number EPA–HQ–                      SUMMARY:   The Environmental Protection
                                                    OA–2013–0031, must be received on or                                                                          on this proposed rule. Please note that
                                                                                                            Agency (EPA) is proposing to approve                  if we receive adverse comment on a
                                                    before March 12, 2016.                                  revisions to the Yolo-Solano Air Quality              particular rule, we may adopt as final
                                                    ADDRESSES: Written comments may be                      Management District (YSAQMD)                          those rules that are not the subject of an
                                                    submitted online through Docket ID No.                  portion of the California State
                                                                                                                                                                  adverse comment.
                                                    EPA–HQ–OA–2013–0031, to the Federal                     Implementation Plan (SIP). These
                                                    eRulemaking Portal: http://                             revisions concern volatile organic                       We do not plan to open a second
                                                    www.regulations.gov or mailed to U.S.                   compound (VOC) and oxides of nitrogen                 comment period, so anyone interested
                                                    Environmental Protection Agency,                        (NOx) emissions from gasoline                         in commenting should do so at this
                                                    Office of Civil Rights, (Mail Code                      dispensing facilities and stationary gas              time. If we do not receive adverse
                                                    1201A), 1200 Pennsylvania Ave. NW.,                     turbines. We are proposing to approve                 comments, no further activity is
                                                    Washington, DC 20460.                                   local rules to regulate these emission                planned. For further information, please
                                                    FOR FURTHER INFORMATION CONTACT: Jeryl                  sources under the Clean Air Act (CAA                  see the direct final action.
                                                    Covington or Lilian Dorka, U.S.                         or the Act).                                            Dated: December 24, 2015.
                                                    Environmental Protection Agency,                        DATES: Any comments on this proposal
                                                                                                                                                                  Alexis Strauss,
                                                    Office of Civil Rights, (Mail Code                      must arrive by March 10, 2016.
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                                                    1201A), 1200 Pennsylvania Ave. NW.,                                                                           Acting Regional Administrator, Region IX.
                                                                                                            ADDRESSES: Submit your comments,
                                                    Washington, DC. 20460, telephone (202)                                                                        [FR Doc. 2016–02422 Filed 2–8–16; 8:45 am]
                                                                                                            identified by Docket ID No. EPA–R09–
                                                    564–7272 or (202) 564–7713.                             OAR–2015–0756 at http://                              BILLING CODE 6560–50–P

                                                    SUPPLEMENTARY INFORMATION: This                         www.regulations.gov, or via email to
                                                    document extends the public comment                     Steckel.Andrew@epa.gov. For comments
                                                    period for the proposed                                 submitted at Regulations.gov, follow the
                                                    Nondiscrimination in Programs or                        online instructions for submitting
                                                    Activities Receiving Federal Assistance                 comments. Once submitted, comments


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Document Created: 2018-02-02 14:30:37
Document Modified: 2018-02-02 14:30:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments are due March 10, 2016.
ContactCarrie Mann Lavigne, Chief Counsel, Saint Lawrence Seaway Development Corporation, 180 Andrews Street, Massena, New York 13662; 315/764-3200.
FR Citation81 FR 6810 
RIN Number2135-AA38
CFR AssociatedVessels and Waterways

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