PART 402—TARIFF OF TOLLS Authority: 33 U.S.C. 983(a), 984(a)(4), and 988, as amended; 49 CFR 1.101. Source: 66 FR 15329, Mar. 16, 2001, unless otherwise noted. § 402.1 Purpose. 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. This tariff may be cited as the St. Lawrence Seaway Tariff of Tolls (Schedule of Tolls in Canada). § 402.3 Interpretation. In this tariff, Bulk cargo (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, 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. Cargo (1) Empty containers or the tare weight of loaded containers; (2) Vessels' 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. Carrier Closing date Commodity Containerized cargo Corporation Domestic cargo Gateway incentive General cargo Government aid cargo (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. Grain Great Lakes/St. Lawrence Seaway System Incremental volume Liner service Manager Maximum volume Metric ton Navigation season New business (1) Containerized cargo moved by vessel in the Seaway at any time in a navigation season; (2) A commodity/origin/destination combination in which the commodity moved by vessel in the Seaway at any time in a navigation season: (i) Originating at a point inside Canada or the United States of America or at a country outside Canada or the United States of America, provided that such commodity has not originated from such point or country, as the case may be, at any time in any of the five consecutive navigation seasons immediately preceding the then current navigation season; (ii) Destined to a point inside Canada or the United States of America or a country outside Canada or the United States of America, provided that such commodity has not been destined to such point or country, as the case may be, at any time in any of the five consecutive navigation seasons immediately preceding the then current navigation season; (iii) Originating at a point inside Canada or the United States of America or a country outside Canada or the United States of America and destined to a point inside Canada or the United States of America or a country outside Canada or the United States of America, provided that such Commodity was previously moved by any mode of transportation other than by vessel at all times in the five consecutive navigation seasons immediately preceding the then current navigation season; or (iv) That has not moved through either section of the Seaway in any of the five consecutive navigation seasons immediately preceding the then current navigation season, in a volume exceeding 10,000 metric tons. Opening date Passenger Pleasure craft Seaway et seq. Section of the Seaway Semi-liner liner service, Service incentive Shipper/receiver Toll reduction Vessel Volume commitment Volume rebate [66 FR 15329, Mar. 16, 2001, as amended at 71 FR 14807, Mar. 24, 2006; 72 FR 4431, Jan. 31, 2007; 74 FR 10678, Mar. 12, 2009; 78 FR 19106, Mar. 29, 2013; 79 FR 13252, Mar. 10, 2014; 81 FR 14391, Mar. 17, 2016; 84 FR 8985, Mar. 13, 2019; 86 FR 15586, Mar. 24, 2021; 88 FR 15275, Mar. 13, 2023] § 402.4 Tolls. (a) Every vessel entering, passing through or leaving the Seaway shall pay a toll that is the sum of each applicable charge in § 402.12. Each charge is calculated on the description set out in column 1 of § 402.12 and the rate set out in column 2 or 3. (b) The toll is assessed against the vessel and its cargo 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) Except as set out in paragraph (e) of this section, the Volume Rebate incentive cannot be combined ( i.e. (e) Except for cargoes that qualify for the New Business Incentive, any cargo being shipped by a liner or semi-liner approved under the Service Incentive program shall be eligible for the Volume Rebate Incentive. [66 FR 15329, Mar. 16, 2001, as amended at 71 FR 14807, Mar. 24, 2006; 74 FR 10679, Mar. 12, 2009; 79 FR 13252, Mar. 10, 2014; 81 FR 14391, Mar. 17, 2016; 88 FR 15275, Mar. 13, 2023] § 402.5 New Business Incentive Program. (a) To be eligible for the rebate applicable under the New Business Incentive Program, a carrier must submit an application to the Manager for the proposed commodity/origin/destination combination to be approved and accepted under the rules of the New Business Incentive Program promulgated and administered from time to time by the Manager. (b) Containerized cargo, whatever the origin or destination, moved by a vessel in the Seaway at any time in the current navigation season qualifies as New Business. (c) A commodity/origin/destination combination that qualifies as New Business on or before the 30th day of September in any navigation season continues to qualify as New Business in the two consecutive navigation seasons immediately following the then current navigation season. (d) A commodity/origin/destination combination that qualifies as New Business after the 30th day of September in any navigation season continues to qualify as New Business in the three consecutive navigation seasons immediately following the then current navigation season. [74 FR 10679, Mar. 12, 2009, as amended at 78 FR 19106, Mar. 29, 2013; 80 FR 5047, Jan. 30, 2015] § 402.6 Volume Rebate Incentive program. (a) To be eligible to the Volume Rebate Incentive program: (1) A shipper/receiver in the Great Lakes/St. Lawrence Seaway System must submit to the Manager for approval, before June 30th of every season, the commodity, as defined under the Manager's commodity classification, for which a Volume Rebate is sought, the origin or destination of the commodity, and a proof of the maximum volume of the commodity the shipper/receiver has shipped over the last 5 years from that origin or to that destination. (2) The shipper/receiver must already move the commodity, as defined under the Manager's commodity classification, through the Seaway at a minimum of 100,000 tonnes per season for the past five navigation seasons. (b) Once approved by the Manager, the maximum volume will become the basis on which to calculate the incremental volume. (c) The Volume Rebate Incentive program is not accessible at the end of the navigation season without a pre-approved maximum volume within the set deadline. (d) The same cargo volume can only be used by one shipper/receiver. (e) For the Volume Rebate to be applicable, the total volume of the commodity shipped through the Seaway must also increase during the navigation season. [74 FR 10680, Mar. 12, 2009] § 402.7 Service Incentive Program. (a) To be eligible for the Service Incentive Program, cargos must qualify as New Business under the New Business Incentive Program, and be shipped by a service meeting all of the requirements (Qualifying Service): (1) A liner or semi-liner service between the same ports; (2) The service must call on multiple origin ports, or multiple destination ports; (3) The service must not be limited to the movement of one specific commodity; (4) The service must service markets outside of the Great Lakes; and (5) The service must not replace or displace any of the carrier's existing services. The Manager reserves the right to require proof of the ultimate origin and destination of cargoes in order to ensure there is no diversion of existing cargoes. (b) The Service incentive applies only to New Business applications approved after the commencement date of the Qualifying Service. New Business applications approved prior to the date of commencement of the Qualifying Service will be ineligible for the Service Incentive Program. (c) The Service Incentive applies only to cargoes exported from the Great Lakes, and is not applicable to import cargoes. (d) The carrier will provide the Manager with written notice of its intention to apply for the Service Incentive at least thirty (30) days prior to implementation of the Qualifying Service. (e) The carrier will advise the Manager of the proposed interval (weekly, monthly, etc.) of the Qualifying Service, and the number of calls scheduled for the Navigation Season. Additional calls to the system may be added during the season. (f) The carrier will advise the Manager of port rotation, outlining core ports of calls when providing notification of schedule rotation. Additional ports may be added at any time provided the core schedule ports are called. (g) The carrier will advertise the Qualifying Service on its own Web site, available port Web sites, and with Manager's Assistance on the HWY H20 Web site. (h) The carrier must meet 75% schedule adherence with a minimum of four (4) Great Lakes calls during the navigation season. (i) The carrier will provide the Manager with a request for the Service 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 for the Manager, who will be responsible for reviewing and approving Service Incentive requests. (j) Service Incentive of 20% of tolls paid in respect of cargo shipped by Qualifying Service will be refunded by the Manager after the close of the navigation season, once the Manager has confirmed that the carrier has met the schedule adherence requirement. [79 FR 13253, Mar. 10, 2014, as amended at 80 FR 5048, Jan. 30, 2015] § 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/receiver, 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/receiver, or its representative, will qualify annually for the negotiated toll reduction upon completion of the annual volume commitment. (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/receiver, 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 who will be responsible for reviewing all documents and data and recommending the refund under the Gateway Incentive. (f) The negotiated Gateway Incentive percentage of tolls reduction paid in respect of qualifying cargo shipped will be refunded by the Manager after the close of the navigation season, once the Manager has confirmed through the review of submitted support documents that the shipper/receiver has met the volume commitment. The Manager reserves the right to require the ultimate origin and destination of cargoes to validate the commitment. (g) The Manager reserves the right to immediately terminate any Gateway Incentive agreement. [81 FR 14391, Mar. 17, 2016, as amended at 88 FR 15275, Mar. 13, 2023] § 402.9 Description and weight of cargo. 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 shall be rounded to the nearest 1,000 kilograms (2,204.62 pounds.) [66 FR 15329, Mar. 16, 2001, as amended at 72 FR 4431, Jan. 31, 2007. Redesignated at 74 FR 10679, Mar. 12, 2009, and further redesignated at 79 FR 13253, Mar. 10, 2014, and at 81 FR 14391, Mar. 17, 2016] § 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 within a period after the clearance date established by the Manager and the Corporation set out in column 2 shall pay operational surcharges in the amount set out in column 3, 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 within a period after the clearance date established by the Manager and the Corporation set out in column 2 shall pay operational surcharges in the amount set out in column 3, 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. [66 FR 15329, Mar. 16, 2001. Redesignated and amended at 74 FR 10680, Mar. 12, 2009, and further redesignated at 79 FR 13253, Mar. 10, 2014, and further redesignated and amended at 81 FR 14391, Mar. 17, 2016; 84 FR 8985, Mar. 13, 2019] § 402.11 Coming into force. 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. [66 FR 15329, Mar. 16, 2001. Redesignated at 74 FR 10679, Mar. 12, 2009, and further redesignated at 79 FR 13253, Mar. 10, 2014, and at 81 FR 14391, Mar. 17, 2016] § 402.12 Schedule of tolls. Table 1 to § 402.12 Item Column 1 Column 2 Column 3 Description of charges Rate ($) Rate ($) 1 Subject to item 3, for complete transit of the Seaway, a composite toll, comprising: (1) a charge per gross registered ton of the ship, applicable whether the ship is wholly or partially laden, or is in ballast, and the gross registered tonnage being calculated according to prescribed rules for measurement or under the International Convention on Tonnage Measurement of Ships, 1969, as amended from time to time 1 (a) all vessels excluding passenger vessels 0.1344 0.2150. (b) passenger vessels 0.4032 0.6450. (2) a charge per metric ton of cargo as certified on the ship's manifest or other document, as follows: ( a 1.3933 0.9510. ( b 3.3572 1.5220. ( c 1.3933 0.9510. ( d 3.0384 1.0896. (e) containerized cargo 1.3933 0.9510. (e) government aid cargo n/a n/a. (g) grain 0.8560 0.9510. (h) coal 0.8560 0.9510. (3) a charge per passenger per lock 0.0000 0.0000. (4) a lockage charge per Gross Registered Ton of the vessel, as defined in item 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, n/a 0.3582. Up to a maximum charge per vessel n/a 5,011.00. 2 Subject to item 3, for partial transit of the Seaway 20 per cent per lock of the applicable charge under items 1(1), 1(2) and 1(4) plus the applicable charge under items 1(3) 13 per cent per lock of the applicable charge under items 1(1), 1(2) and 1(4) plus the applicable charge under items 1(3). 3 Minimum charge per vessel per lock transited for full or partial transit of the Seaway 34.78 2 34.78. 4 A charge per pleasure craft per lock transited for full or partial transit of the Seaway, including applicable federal taxes 3 25.00 4 25.00. 5 Under the New Business Initiative Program, for cargo accepted as New Business, a percentage rebate on the applicable cargo charges for the approved period 20% 20%. 6 Under the Volume Rebate Incentive program, a retroactive percentage rebate on cargo tolls on the incremental volume calculated based on the pre-approved maximum volume 10% 10%. 7 Under the New Service Incentive Program, for New Business cargo moving under an approved new service, an additional percentage refund on applicable cargo tolls above the New Business rebate 20% 20%. 1 2 3 4 [91 FR 12693, Mar. 17, 2026] § 402.13 Operational surcharges—no postponements. Item Column 1 Column 2 Column 3 1 (a) Cape Vincent (downbound) or Cap Saint-Michel (upbound) ( a b c d 20,000 (b) Port, dock or wharf within St. Lambert—Iroquois lock segment ( a b c d n/a 1 [66 FR 15329, Mar. 16, 2001. Redesignated at 74 FR 10679, Mar. 12, 2009, and further redesignated at 79 FR 13253, Mar. 10, 2014, and at 81 FR 14391, Mar. 17, 2016] § 402.14 Operational surcharges—after postponements. Item Column 1 Column 2 Column 3 1 (a) Cape Vincent (downbound) or Cape Saint-Michel (upbound): (1) If the postponement is for 24 hours ( a 20,000 ( b 40,000 ( c 60,000 ( d 80,000 (2) If the postponement is for 48 hours ( a 20,000 ( b 40,000 ( c 60,000 ( d 80,000 (3) If the postponement is for 72 hours ( a 20,000 ( b 40,000 ( c 60,000 ( d 80,000 (b) Port, dock or wharf within St. Lambert—Iroquois lock segment: (1) If the postponement is for 24 hours ( a n/a ( b 20,000 ( c 40,000 ( d 60,000 (2) If the postponement is for 48 hours ( a n/a ( b 20,000 ( c 40,000 ( d 60,000 (3) If the postponement is for 72 hours or more ( a n/a 1 [66 FR 15329, Mar. 16, 2001. Redesignated and amended at 74 FR 10679, Mar. 12, 2009, and further redesignated at 79 FR 13253, Mar. 10, 2014, and at 81 FR 14391, Mar. 17, 2016]