Title 33: Navigation and Navigable Waters
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PART 402—TARIFF OF TOLLS
Section Contents
§ 402.1 Purpose.
§ 402.2 Title.
§ 402.3 Interpretation.
§ 402.4 Tolls.
§ 402.5 Description and weight of cargo.
§ 402.6 Post-clearance date operational surcharges.
§ 402.7 Coming into force.
§ 402.8 Schedule of tolls.
§ 402.9 Operational surcharges—no postponements.
§ 402.10 Operational surcharge after postponements.
Authority: 33 U.S.C. 983(a),984(a)(4), and 988, as amended; 49 CFR 1.52.
Source: 66 FR 15329, Mar. 16, 2001, unless otherwise noted.
§ 402.1 Purpose.
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This regulation prescribes the charges to be assessed for the full or partial transit of the St. Lawrence Seaway between Montreal, Quebec, and Lake Erie.
§ 402.2 Title.
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This tariff may be cited as the St. Lawrence Seaway Tariff of Tolls (Schedule of Tolls in Canada).
§ 402.3 Interpretation.
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In this tariff,
(a) Bulk cargo means cargo consisting of goods, loose or in mass, that generally must be shoveled, pumped, blown, scooped or forked in the handling and includes:
(1) Cement, loose or in sacks;
(2) Coke and petroleum coke, loose or in sacks;
(3) Domestic cargo;
(4) Liquids carried in vessels' tanks;
(5) Ores and minerals (crude, screened, sized or concentrated, but not otherwise processed) loose or in sacks, including alumina, bauxite, coal, gravel, phosphate rock, sand, stone and sulphur;
(6) Pig iron and scrap metals;
(7) Lumber, pulpwood, poles and logs, loose or bundled;
(8) Raw sugar, flour, loose or in sacks;
(9) Wood pulp, loose or in bales; and
(10) Material for recycling, scrap material, refuse and waste.
(b) Cargo means all goods aboard a vessel whether carried as revenue or non-revenue freight or carried for the vessel owner, but does not include:
(1) Empty containers and the tare weight of loaded containers;
(2) Ships' fuel, ballast or stores;
(3) The personal effects of crew or passengers; or
(4) In transit cargo that is carried both upbound and downbound in the course of the same voyage.
(c) Containerized cargo means cargo shipped in a container that is enclosed, permanent, reusable, nondisposable, weather tight.
(d) Corporation means the Saint Lawrence Seaway Development Corporation.
(e) Domestic cargo means cargo the shipment of which originates at one Canadian point and terminates at another Canadian point, or originates at one United States point and terminates at another United States point, but does not include import or export cargo designated at the point of origin for transshipment by water at a point in Canada or in the United States.
(f) General cargo means other than bulk cargo, grain, government aid cargo, steel slabs and coal.
(g) Government aid cargo means:
(1) Processed food products that are donated by, or the purchase of which has been financed on concessional terms by, the federal government of the United States or Canada for the purposes of nutrition, economic development, emergency, or disaster relief programs; and
(2) Food cargo that is:
(i) Owned or financed by a non-profit organization or cooperative;
(ii) Intended for use in humanitarian or development assistance overseas; and
(iii) Stamped or otherwise shown to have been declared as such to that is certified by the customs service of the United States or Canada.
(h) Grain means barley, corn, oats, flaxseed, rapeseed, soybeans, field crop seeds, buckwheat, dried beans, dried peas, rye, wheat, grain screenings or meal from those grains.
(i) Manager means the St.Lawrence Seaway Management Corporation.
(j) Metric ton means 1,000 kilograms (2204.62 pounds).
(k) New cargo—MLO Section means either containerized cargo or cargo which has not moved through the MLO Section in an average annual amount, over the navigation seasons 2001–2002–2003, greater than 10,000 metric tons.
(l) New cargo—Welland Canal means either containerized cargo or cargo which has not moved through the Welland Canal in an average annual amount, over the navigation seasons 2001–2002–2003, greater than 10,000 metric tons.
(m) Passenger means a person being transported through the Seaway who has paid a fare for passage.
(n) Pleasure craft means a vessel, however propelled, that is used exclusively for pleasure and does not carry passengers.
(o) Seaway includes all facilities and services authorized under Public Law 358, 83rd Congress, May 13, 1954, enacted by the Congress of the United States, as amended, (33 U.S.C. 981, et seq.) and the meaning ascribed to it under the Canada Marine Act.
(p) Vessel (“ship” in Canada) means every type of craft used as a means of transportation on water, except a vessel owned or employed by the Manager or the Corporation.
[66 FR 15329, Mar. 16, 2001, as amended at 71 FR 14807, Mar. 24, 2006]
§ 402.4 Tolls.
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(a) Every vessel entering, passing through or leaving the Seaway shall pay a toll that is the sum of each applicable charge in §402.8. Each charge is calculated based upon the description set out in column 1 of §402.8 and the rate set out in column 2 or 3.
(b) The toll is assessed against the vessel, its cargo and its passengers for a complete or partial transit of the Seaway and covers a single trip in one direction.
(c) The toll is due from the representative of the vessel within 45 days after the day on which the vessel enters the first lock of a transit of the Seaway.
(d) As part of the fees applicable under the New Cargo—Welland Canal and the New Cargo—MLO Section, once a cargo has qualified as new cargo, it will remain qualified for the navigation seasons 2006 and 2007.
(e) For a transit to be accepted under the New Cargo—Welland Canal or the New Cargo—MLO Section, more than 50% of the cargo carried on that transit for each section must qualify as new cargo.
(f) Barges transiting the Welland Canal together as one unit pulled by the same tug or tugs shall, for the purpose of calculating lockage fees, be deemed to be a combination unit and will pay lockage fees as a single barge.
[66 FR 15329, Mar. 16, 2001, as amended at 71 FR 14807, Mar. 24, 2006]
§ 402.5 Description and weight of cargo.
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For the purposes of calculating applicable tolls:
(a) A cord of pulpwood is taken to weigh 1,450 kilograms (3,196.70 pounds); and
(b) The cargo tonnage used rounded to the nearest 1,000 kilograms (2,204.62 pounds).
§ 402.6 Post-clearance date operational surcharges.
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(a) Subject to paragraph (b) of this section, a vessel that reports for its final transit of the Seaway from a place set out in column 1 of §402.9 within a period after the clearance date established by the Manager and the Corporation set out in column 2 of §402.9 shall pay operational surcharges in the amount set out in column 3 of §402.9, prorated on a per-lock basis.
(b) If surcharges are postponed for operational or climatic reasons, a vessel that reports for its final transit of the Seaway from a place set out in column 1 of §402.10 within a period after the clearance date established by the Manager and the Corporation set out in column 2 of §402.10 shall pay operational surcharges in the amount set out in column 3 of §402.10, prorated on a per-lock basis.
(c) A vessel that is authorized to transit the Seaway after the period of 96 hours after the clearance date established by the Manager and the Corporation shall pay, in addition to the operational surcharge, an amount equal to the incremental expenses incurred by the Manager to keep the Seaway open for the transit of the vessel.
§ 402.7 Coming into force.
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In Canada, this Tariff and the tolls set forth herein come into force from the date on which this Tariff is filed with the Canadian Transportation Agency.
§ 402.8 Schedule of tolls.
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------------------------------------------------------------------------ Column 3 Rate ($) Column 2 Rate ($) Welland Canal_Lake Column 1 Item_Description of Montreal to or Ontario to or from charges from Lake Ontario Lake Erie (8 (5 locks) locks)------------------------------------------------------------------------1. Subject to item 3, for complete transit of the Seaway, a composite toll, comprising: (1) a charge per gross 0.0947............ 0.1537. 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. (2) a charge per metric ton of cargo as certified on the ship's manifest or other document, as follows: (a) bulk cargo.......... 0.9816............ 0.6504. (b) general cargo....... 2.3651............ 1.0408. (c) steel slab.......... 2.1405............ 0.7451. (d) containerized cargo. 0.9816............ 0.6504. (e) government aid cargo N/A............... N/A. (f) grain............... 0.6030............ 0.6504. (g) coal................ 0.5795............ 0.6504. (3) a charge per passenger 1.3954............ 1.3954. per lock. (4) a charge per lock for transit of the Welland Canal in either direction by cargo ships: (a) loaded.............. N/A............... 519.40. (b) in ballast.......... N/A............... 383.75.2. Subject to item 3, for 20 per cent per 13 per cent per partial transit of the Seaway. lock of the lock of the applicable charge applicable charge under items 1(1) under items 1(1) and (2) plus the and (2) plus the applicable charge applicable charge under items 1(3) under items 1(3) and (4). and (4).3. Minimum charge per ship per 20.40............. 20.40. lock transited for full or partial transit of the Seaway.4. A rebate applicable to the N/A............... N/A. rates of item 1 to 3.5. A charge per pleasure craft 20.00............. 20.00. per lock transited for full or partial transit of the Seaway, including applicable federal taxes \1\.6. Subject to item 3, in lieu of item 1(4), for vessel carrying new cargo on the Welland Canal or returning ballast after carrying new cargo on the Welland Canal, a charge per gross registered ton of the ship, the gross registered tonnage being calculated according to item 1(1): (a) loaded.................. N/A............... 0.1530. (b) in ballast.............. N/A............... 0.1122.7. Subject to item 3, in lieu of 0.0000............ N/A. item 1(1), for vessel carrying new cargo on the MLO section or returning ballast after carrying new cargo on the MLO Section, a charge per gross registered ton of the ship, the gross registered tonnage being calculated according to item 1(1).------------------------------------------------------------------------\1\ The applicable charge at the Saint Lawrence Seaway Development Corporation's locks (Eisenhower, Snell) for pleasure craft is $25 U.S., or $30 Canadian per lock. The applicable charge under item 3 at the Saint Lawrence Seaway Development Corporation's locks (Eisenhower, Snell) will be collected in U.S. dollars. The other amounts are in Canadian dollars and are for the Canadian Share of tolls. The collection of the U.S. portion of tolls for commercial vessels is waived by law (33 U.S.C. 988a(a)).
---------------------------------------------------------------------------------------------------------------- Column 3 Column 1 Place in Montreal-Lake Column 2 Period after clearance Amount ($) Item Ontario section date (5 locks) \1\----------------------------------------------------------------------------------------------------------------(a).......................... Cape Vincent (downbound) or Cap (a) 24 hours.................... 20,000 Saint-Michel (upbound). (b) 24 hours or more but less 40,000 than 48 hours. 60,000 (c) 48 hours or more but less 80,000 than 72 hours. (d) 72 hours or more but less than 96 hours.(b).......................... Port, dock or wharf within St. (a) 24 hours.................... n/a Lambert_Iroquois lock segment. (b) 24 hours or more but less 20,000 than 48 hours. 40,000 (c) 48 hours or more but less 60,000 than 72 hours. (d) 72 hours or more but less than 96 hours.----------------------------------------------------------------------------------------------------------------\1\ Prorated on a per-lock basis.
---------------------------------------------------------------------------------------------------------------- Column 3 Item Column 1 Place in Montreal-Lake Column 2 Period after clearance Amount ($) Ontario date (5 locks)\1\----------------------------------------------------------------------------------------------------------------(a).......................... Cape Vincent (downbound) or Cape Saint-Michel (upbound): (1) If the postponement is for 24 (a) 24 hours or more but less 20,000 hours. than 36 hours. (b) 36 hours or more but less 40,000 than 48 hours. (c) 48 hours or more but less 60,000 than 72 hours. (d) 72 hours or more but less 80,000 than 96 hours. (2) If the postponement is for 48 (a) 48 hours or more but less 20,000 hours. than 56 hours. (b) 56 hours or more but less 40,000 than 64 hours. (c) 64 hours or more but less 60,000 than 72 hours. (d) 72 hours or more but less 80,000 than 96 hours. (3) If the postponement is for 72 (a) 72 hours or more but less 20,000 hours. than 78 hours. (b) 78 hours or more but less 40,000 than 84 hours. (c) 84 hours or more but less 60,000 than 90 hours. (d) 90 hours or more but less 80,000 than 96 hours.(b).......................... Port, dock or wharf within St. Lambert_Iroquois lock segment: (1) If the postponement is for 24 (a) 24 hours or more but less n/a hours. than 48 hours. (b) 48 hours or more but less 20,000 than 60 hours. (c) 60 hours or more but less 40,000 than 72 hours. (d) 72 hours or more but less 60,000 than 96 hours. (2) If the postponement is for 48 (a) 48 hours or more but less n/a hours. than 72 hours. (b) 72 hours or more but less 20,000 than 80 hours. (c) 80 hours or more but less 40,000 than 88 hours. (d) 88 hours or more but less 60,000 than 96 hours. (3) If the postponement is for 72 (a) 72 hours or more but less n/a hours or more. than 96 hours.----------------------------------------------------------------------------------------------------------------\1\ Prorated on a per-lock basis.
