83_FR_12724 83 FR 12667 - Tariff of Tolls

83 FR 12667 - Tariff of Tolls

DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development Corporation

Federal Register Volume 83, Issue 57 (March 23, 2018)

Page Range12667-12669
FR Document2018-05904

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 2018 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.) The Tariff of Tolls will become effective in Canada on March 29, 2018. 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.

Federal Register, Volume 83 Issue 57 (Friday, March 23, 2018)
[Federal Register Volume 83, Number 57 (Friday, March 23, 2018)]
[Rules and Regulations]
[Pages 12667-12669]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05904]


=======================================================================
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DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 402

[Docket No. SLSDC-2016-0005]
RIN 2135-AA44


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 2018 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.) The Tariff of Tolls will become effective 
in Canada on March 29, 2018. 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.

DATES: This rule is effective on March 29, 2018.

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.
    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 2018 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)).
    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 $28.01 to $28.29. 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 reg.) 
because it is not a major federal action significantly affecting the 
quality of the human environment.

Federalism

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

[[Page 12668]]

List of Subjects in 33 CFR Part 402

    Vessels, Waterways.

    Accordingly, the Saint Lawrence Seaway Development Corporation 
amends 33 CFR part 402 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. Revise Sec.  402.12 to read as follows:


Sec.  402.12  Schedule of tolls.

------------------------------------------------------------------------
                       Column 1            Column 2          Column 3
               ---------------------------------------------------------
                                                             Rate ($)
                                           Rate ($)      Welland Canal--
     Item           Description of      Montreal to or   Lake Ontario to
                       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       0.1093..........  0.1749.
                 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.......  1.1329..........  0.7733.
                (b) general cargo....  2.298...........  1.2376.
                (c) steel slab.......  2.4706..........  0.8860.
                (d) containerized      1.1329..........  0.7733.
                 cargo.
                (e) government aid     n/a.............  n/a.
                 cargo.
                (f) grain............  0.6960..........  0.7733.
                (g) coal.............  0.6891..........  0.7733.
                (3) a charge per       1.6974..........  1.6974.
                 passenger per lock.
                (4) a lockage charge   n/a.............  0.2913.
                 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.............  4,074.
                 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     28.29 \2\.......  28.29.
                 vessel per lock
                 transited for full
                 or partial transit
                 of the Seaway.
4.............  A charge per pleasure  30.00 \4\.......  30.00.
                 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 Service  20%.............  20%.
                 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 12669]]

    Issued at Washington, DC, on March 19, 2018.

Saint Lawrence Seaway Development Corporation.
Carrie Lavigne,
Chief Counsel.
[FR Doc. 2018-05904 Filed 3-22-18; 8:45 am]
BILLING CODE P



                                                               Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Rules and Regulations                                          12667

                                           assisting the COTP in the enforcement                   for full or partial transit of the Seaway             form of all comments received into any
                                           of the safety zone.                                     will apply in the U.S. (See                           of our dockets by the name of the
                                             (d) Regulations. (1) Under the general                SUPPLEMENTARY INFORMATION.) The Tariff                individual submitting the comment (or
                                           regulations in 33 CFR part 165, subpart                 of Tolls will become effective in Canada              signing the comment, if submitted on
                                           C, entry into, transiting or anchoring                  on March 29, 2018. For consistency,                   behalf of an association, business, labor
                                           within this safety zone is prohibited                   because these are joint regulations                   union, etc.). You may review DOT’s
                                           unless authorized by the COTP or the                    under international agreement, and to                 complete Privacy Act Statement in the
                                           COTP’s designated representative.                       avoid confusion among users of the                    Federal Register published on April 11,
                                             (2) The safety zone is closed to all                  Seaway, the SLSDC finds that there is                 2000 (Volume 65, Number 70; Pages
                                           vessel traffic, except as may be                        good cause to make the U.S. version of                19477–78) or you may visit http://
                                           permitted by the COTP or a designated                   the amendments effective on the same                  dms.dot.gov.
                                           representative.                                         date.
                                             (3) Vessel operators desiring to enter                                                                      Regulatory Evaluation
                                                                                                   DATES: This rule is effective on March
                                           or operate within the safety zone must                  29, 2018.                                                This regulation involves a foreign
                                           contact the COTP or a designated                                                                              affairs function of the United States and
                                                                                                   ADDRESSES: Docket: For access to the
                                           representative to obtain permission to                                                                        therefore, Executive Order 12866 does
                                           do so. Vessel operators given permission                docket to read background documents
                                                                                                   or comments received, go to http://                   not apply and evaluation under the
                                           to enter or operate in the safety zone                                                                        Department of Transportation’s
                                                                                                   www.Regulations.gov; or in person at
                                           must comply with all directions given to                                                                      Regulatory Policies and Procedures is
                                                                                                   the Docket Management Facility; U.S.
                                           them by the COTP or a designated                                                                              not required.
                                                                                                   Department of Transportation, 1200
                                           representative. Persons and vessels may
                                                                                                   New Jersey Avenue SE, West Building                   Regulatory Flexibility Act
                                           request permission to enter the safety
                                                                                                   Ground Floor, Room W12–140,                           Determination
                                           zones on VHF–23A or through the 24-
                                                                                                   Washington, DC 20590–001, between 9
                                           hour Command Center at telephone                                                                                 I certify this regulation will not have
                                                                                                   a.m. and 5 p.m., Monday through
                                           (415) 399–3547.                                                                                               a significant economic impact on a
                                                                                                   Friday, except Federal Holidays.
                                             Dated: March 19, 2018.                                                                                      substantial number of small entities.
                                                                                                   FOR FURTHER INFORMATION CONTACT:
                                           Anthony J. Ceraolo,
                                                                                                                                                         The St. Lawrence Seaway Tariff of Tolls
                                                                                                   Carrie Mann Lavigne, Chief Counsel,                   primarily relate to commercial users of
                                           Captain, U.S. Coast Guard, Captain of the               Saint Lawrence Seaway Development
                                           Port, San Francisco.
                                                                                                                                                         the Seaway, the vast majority of whom
                                                                                                   Corporation, 180 Andrews Street,                      are foreign vessel operators. Therefore,
                                           [FR Doc. 2018–05922 Filed 3–22–18; 8:45 am]             Massena, New York 13662; 315/764–                     any resulting costs will be borne mostly
                                           BILLING CODE 9110–04–P                                  3200.                                                 by foreign vessels.
                                                                                                   SUPPLEMENTARY INFORMATION: The Saint
                                                                                                   Lawrence Seaway Development                           Environmental Impact
                                           DEPARTMENT OF TRANSPORTATION                            Corporation (SLSDC) and the St.                          This regulation does not require an
                                                                                                   Lawrence Seaway Management                            environmental impact statement under
                                           Saint Lawrence Seaway Development                       Corporation (SLSMC) of Canada, under                  the National Environmental Policy Act
                                           Corporation                                             international agreement, jointly publish              (49 U.S.C. 4321, et reg.) because it is not
                                                                                                   and presently administer the St.                      a major federal action significantly
                                           33 CFR Part 402                                         Lawrence Seaway Tariff of Tolls                       affecting the quality of the human
                                           [Docket No. SLSDC–2016–0005]                            (Schedule of Fees and Charges in                      environment.
                                                                                                   Canada) in their respective jurisdictions.
                                           RIN 2135–AA44                                              The Tariff sets forth the level of tolls           Federalism
                                                                                                   assessed on all commodities and vessels                 The Corporation has analyzed this
                                           Tariff of Tolls
                                                                                                   transiting the facilities operated by the             rule under the principles and criteria in
                                           AGENCY:  Saint Lawrence Seaway                          SLSDC and the SLSMC. The SLSDC is                     Executive Order 13132, dated August 4,
                                           Development Corporation, DOT.                           revising 33 CFR 402.12, ‘‘Schedule of                 1999, and has determined that this rule
                                           ACTION: Final rule.                                     tolls’’, to reflect the fees and charges              does not have sufficient federalism
                                                                                                   levied by the SLSMC in Canada                         implications to warrant a Federalism
                                           SUMMARY:    The Saint Lawrence Seaway                   beginning in the 2018 navigation                      Assessment.
                                           Development Corporation (SLSDC) and                     season. With one exception, the changes
                                           the St. Lawrence Seaway Management                      affect the tolls for commercial vessels               Unfunded Mandates
                                           Corporation (SLSMC) of Canada, under                    and are applicable only in Canada. The                   The Corporation has analyzed this
                                           international agreement, jointly publish                collection of tolls by the SLSDC on                   rule under Title II of the Unfunded
                                           and presently administer the St.                        commercial vessels transiting the U.S.                Mandates Reform Act of 1995 (Pub. L.
                                           Lawrence Seaway Tariff of Tolls in their                locks is waived by law (33 U.S.C.                     104–4, 109 Stat. 48) and determined that
                                           respective jurisdictions. The Tariff sets               988a(a)).                                             it does not impose unfunded mandates
                                           forth the level of tolls assessed on all                   The SLSDC is amending 33 CFR                       on State, local, and tribal governments
                                           commodities and vessels transiting the                  402.12, ‘‘Schedule of tolls’’, to increase            and the private sector requiring a
                                           facilities operated by the SLSDC and the                the minimum charge per vessel per lock                written statement of economic and
                                           SLSMC. The SLSDC is revising its                        for full or partial transit of the Seaway             regulatory alternatives.
                                           regulations to reflect the fees and                     from $28.01 to $28.29. This charge is for
                                           charges levied by the SLSMC in Canada                                                                         Paperwork Reduction Act
                                                                                                   vessels that are not pleasure craft or
amozie on DSK30RV082PROD with RULES




                                           starting in the 2018 navigation season,                 subject in Canada to the tolls under                    This regulation has been analyzed
                                           which are effective only in Canada. An                  items 1 and 2 of the Tariff. This increase            under the Paperwork Reduction Act of
                                           amendment to increase the minimum                       is due to higher operating costs at the               1995 and does not contain new or
                                           charge per lock for those vessels that are              locks.                                                modified information collection
                                           not pleasure craft or subject in Canada                    Regulatory Notices: Privacy Act:                   requirements subject to the Office of
                                           to tolls under items 1 and 2 of the Tariff              Anyone is able to search the electronic               Management and Budget review.


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                                           12668                      Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Rules and Regulations

                                           List of Subjects in 33 CFR Part 402                                        PART 402—TARIFF OF TOLLS                                                     Authority: 33 U.S.C. 983(a), 984(a)(4), and
                                                                                                                                                                                                 988, as amended; 49 CFR 1.52.
                                             Vessels, Waterways.
                                                                                                                      ■ 1. The authority citation for part 402                                       2. Revise § 402.12 to read as follows:
                                             Accordingly, the Saint Lawrence                                                                                                                     ■
                                           Seaway Development Corporation                                             continues to read as follows:
                                           amends 33 CFR part 402 as follows:                                                                                                                    § 402.12        Schedule of tolls.

                                                                                                         Column 1                                                                    Column 2                                      Column 3

                                                                                                                                                                                                                                   Rate ($)
                                                                                                                                                                                   Rate ($)
                                                Item                                                                                                                                                                         Welland Canal—Lake
                                                                                                                                                                              Montreal to or from
                                                                                               Description of charges                                                                                                         Ontario to or from
                                                                                                                                                                                Lake Ontario                                      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                                        0.1093 ......................................      0.1749.
                                                                   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 Inter-
                                                                   national 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 ..............................................................................        1.1329 ......................................      0.7733.
                                                                (b) general cargo ........................................................................           2.298 ........................................     1.2376.
                                                                (c) steel slab ...............................................................................       2.4706 ......................................      0.8860.
                                                                (d) containerized cargo ...............................................................              1.1329 ......................................      0.7733.
                                                                (e) government aid cargo ...........................................................                 n/a ............................................   n/a.
                                                                (f) grain ........................................................................................   0.6960 ......................................      0.7733.
                                                                (g) coal ........................................................................................    0.6891 ......................................      0.7733.
                                                                (3) a charge per passenger per lock ..........................................                       1.6974 ......................................      1.6974.
                                                                (4) a lockage charge per Gross Registered Ton of the vessel,                                         n/a ............................................   0.2913.
                                                                   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 ............................................   4,074.
                                           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 partial                                     28.29 2 ......................................     28.29.
                                                                  transit of the Seaway.
                                           4 ................   A charge per pleasure craft per lock transited for full or partial                                   30.00 4 ......................................     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 applicable
                                                                  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 additional
                                                                  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-
                                           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. 83, No. 57 / Friday, March 23, 2018 / Rules and Regulations                                                       12669

                                             Issued at Washington, DC, on March 19,                e.g., confidential business information               transport of air pollution. There are four
                                           2018.                                                   (CBI) or other information whose                      prongs within section 110(a)(2)(D)(i) of
                                           Saint Lawrence Seaway Development                       disclosure is restricted by statute.                  the CAA; section 110(a)(2)(D)(i)(I)
                                           Corporation.                                            Certain other material, such as                       contains prongs 1 and 2, while section
                                           Carrie Lavigne,                                         copyrighted material, is not placed on                110(a)(2)(D)(i)(II) includes prongs 3 and
                                           Chief Counsel.                                          the internet and will be publicly                     4. This action addresses the first two
                                           [FR Doc. 2018–05904 Filed 3–22–18; 8:45 am]             available only in hard copy form.                     prongs, which are also collectively
                                           BILLING CODE P                                          Publicly available docket materials are               known as the Good Neighbor Provision.
                                                                                                   available through http://                             Pursuant to prongs 1 and 2, a state’s SIP
                                                                                                   www.regulations.gov, or please contact                must contain adequate provisions to
                                           ENVIRONMENTAL PROTECTION                                the person identified in the FOR FURTHER              prohibit any source or other type of
                                           AGENCY                                                  INFORMATION CONTACT section for                       emissions activity within the state from
                                                                                                   additional availability information.                  emitting air pollutants that will
                                           40 CFR Part 52                                          FOR FURTHER INFORMATION CONTACT:                      ‘‘contribute significantly to
                                                                                                   Ellen Schmitt, (215) 814–5787, or by                  nonattainment in, or interfere with
                                           [EPA–R03–OAR–2013–0408; FRL–9975–85–                                                                          maintenance by, any other state with
                                           Region 3]                                               email at schmitt.ellen@epa.gov.
                                                                                                   SUPPLEMENTARY INFORMATION: On March
                                                                                                                                                         respect to any such national primary or
                                           Air Plan Approval; Delaware; State                      27, 2013, the State of Delaware through               secondary ambient air quality
                                                                                                   the Delaware Department of Natural                    standard.’’ Under section
                                           Implementation Plan for Interstate
                                                                                                   Resources and Environmental Control                   110(a)(2)(D)(i)(I) of the CAA, EPA gives
                                           Transport for the 2008 Ozone Standard
                                                                                                   (DNREC) submitted a revision to its SIP               independent significance to the matter
                                           AGENCY:  Environmental Protection                       to satisfy the requirements of section                of nonattainment (prong 1) and to that
                                           Agency (EPA).                                                                                                 of maintenance (prong 2).
                                                                                                   110(a)(2), including 110(a)(2)(D)(i)(I), of
                                           ACTION: Final rule.                                                                                              On March 27, 2013, the State of
                                                                                                   the CAA as it relates to the 2008 ozone
                                                                                                                                                         Delaware through DNREC submitted a
                                                                                                   NAAQS. On September 27, 2017, EPA                     SIP revision intended to address the
                                           SUMMARY:    The Environmental Protection                published a notice of proposed
                                           Agency (EPA) is approving a state                                                                             requirements of section 110(a)(2) of the
                                                                                                   rulemaking (NPR) (82 FR 44984) and an                 CAA for the 2008 ozone NAAQS. In this
                                           implementation plan (SIP) revision                      accompanying direct final rule (DFR)
                                           submitted by the State of Delaware. The                                                                       rulemaking action, EPA is approving
                                                                                                   (82 FR 44932) for the State of Delaware,              one portion of Delaware’s March 27,
                                           Clean Air Act’s (CAA) Good Neighbor                     approving the portion of the March 27,
                                           Provision requires EPA and states to                                                                          2013 submittal—the portion addressing
                                                                                                   2013 Delaware SIP revision addressing                 prongs 1 and 2 of section
                                           address the interstate transport of air                 prongs 1 and 2 of the interstate transport
                                           pollution that affects the ability of                                                                         110(a)(2)(D)(i)(I) of the CAA. EPA
                                                                                                   requirements for section                              previously acted on other portions of
                                           downwind states to attain and maintain                  110(a)(2)(D)(i)(I) for the 2008 ozone
                                           the national ambient air quality                                                                              Delaware’s March 27, 2013 SIP
                                                                                                   NAAQS. EPA received comments on the                   submittal for the 2008 ozone NAAQS.2
                                           standards (NAAQS). Specifically, the                    proposed rulemaking and the Agency
                                           Good Neighbor Provision requires each                                                                            To demonstrate that its SIP
                                                                                                   subsequently withdrew the DFR on                      adequately addresses interstate
                                           state in its SIP to prohibit emissions that             November 20, 2017 (82 FR 55052). This
                                           will significantly contribute to                                                                              transport for the 2008 ozone NAAQS,
                                                                                                   action responds to the comments                       Delaware’s March 27, 2013 submittal
                                           nonattainment, or interfere with                        received and finalizes EPA’s approval of
                                           maintenance, of a NAAQS in a                                                                                  identifies measures in its approved SIP
                                                                                                   the portion of the March 27, 2013                     that cover stationary, mobile, and area
                                           downwind state. Delaware submitted a                    Delaware SIP revision addressing
                                           SIP revision on March 23, 2013 that                                                                           sources of volatile organic compounds
                                                                                                   section 110(a)(2)(D)(i)(I) of the CAA for             (VOCs) and nitrogen oxides (NOX), both
                                           addresses the interstate transport                      the 2008 ozone NAAQS.
                                           requirements for the 2008 ozone                                                                               of which are precursors to ozone.
                                           NAAQS. On September 27, 2017, EPA                       I. Background                                         Delaware’s submittal identifies SIP-
                                           published a proposed rule and a direct                                                                        approved regulations that reduce VOC
                                                                                                      On March 12, 2008, EPA revised the                 and NOX emissions from a variety of
                                           final rule approving Delaware’s SIP in                  levels of the primary and secondary
                                           regard to the Good Neighbor Provision.                                                                        stationary sources within the State,
                                                                                                   ozone standards from 0.08 parts per                   including power plants, industrial
                                           However, EPA received adverse                           million (ppm) to 0.075 ppm (73 FR
                                           comments on its September 27, 2017                                                                            boilers, and peaking units. Delaware
                                                                                                   16436). The CAA requires states to                    states in its submittal that its sources are
                                           proposed rule, and subsequently                         submit, within three years after                      generally controlled with best available
                                           withdrew the accompanying direct final                  promulgation of a new or revised                      control technology (BACT) or lowest
                                           rule. After considering the comments,                   NAAQS, SIP revisions meeting the                      achievable emission rate (LAER) level
                                           EPA is approving Delaware’s SIP                         applicable elements of sections 110(a)(1)             controls. Delaware notes that sources
                                           revision submittal in regard to the Good                and (2).1 Several of these applicable                 are generally controlled on a unit-by-
                                           Neighbor Provision for the 2008 ozone                   elements are delineated within section                unit basis at costs ranging from $1,300
                                           NAAQS in accordance with the                            110(a)(2)(D)(i) of the CAA. Section                   to $11,000 per ton of NOX reduced.3 To
                                           requirements of the CAA.                                110(a)(2)(D)(i) generally requires SIPs to
                                           DATES: This final rule is effective on                  contain adequate provisions to prohibit                 2 On April 3, 2014 (79 FR 18644), EPA approved

                                           April 23, 2018.                                         in-state emissions activities from having             portions of Delaware’s March 27, 2013 submittal for
                                                                                                   certain adverse air quality effects on                the 2008 ozone NAAQS addressing the following:
                                           ADDRESSES: EPA has established a
amozie on DSK30RV082PROD with RULES




                                                                                                                                                         CAA section 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii),
                                           docket for this action under Docket ID                  neighboring states due to interstate                  (E), (F), (G), (H), (J), (K), (L), and (M). In that action,
                                           Number EPA–R03–OAR–2013–0408. All                                                                             EPA stated it would take later action on the portion
                                           documents in the docket are listed on                     1 SIP revisions that are intended to meet the       of the March 27, 2013 SIP submittal addressing
                                                                                                   requirements of section 110(a) of the CAA are often   section 110(a)(2)(D)(i)(I) of the CAA.
                                           the http://www.regulations.gov website.                 referred to as infrastructure SIPs and the elements     3 See ‘‘Attachment A,’’ State Submittal—Delaware
                                           Although listed in the index, some                      under 110(a) are referred to as infrastructure        Section 110(a)(2) Infrastructure Requirements for
                                           information is not publicly available,                  requirements.                                                                                         Continued




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Document Created: 2018-11-01 08:54:15
Document Modified: 2018-11-01 08:54:15
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 is effective on March 29, 2018.
ContactCarrie Mann Lavigne, Chief Counsel, Saint Lawrence Seaway Development Corporation, 180 Andrews Street, Massena, New York 13662; 315/764-3200.
FR Citation83 FR 12667 
RIN Number2135-AA44
CFR AssociatedVessels and Waterways

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