[Federal Register Volume 76, Number 24 (Friday, February 4, 2011)]
[Rules and Regulations]
[Pages 6351-6364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2456]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Part 401
[Docket No. USCG-2010-0517]
RIN 1625-AB48
Great Lakes Pilotage: 2011 Annual Review and Adjustment
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is increasing the rates for pilotage service
on the Great Lakes to generate sufficient revenue to cover allowable
expenses, target pilot compensation, and return on investment. This
increase reflects a projected August 1, 2011, increase in benchmark
contractual wages and benefits and an adjustment for deflation. This
rule promotes the Coast Guard's strategic goal of maritime safety.
DATES: This final rule is effective August 1, 2011.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-0517 and are available for inspection or
copying at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. You may also find this
docket on the Internet by going to http://www.regulations.gov,
inserting USCG-2010-0517 in the ``Keyword'' box, and then clicking
``Search.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Mr. Paul Wasserman, Chief, Great Lakes Pilotage
Division, Commandant (CG-5522), Coast Guard; telephone 202-372-1535, or
e-mail [email protected]. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Background
V. Discussion of Comments and Changes
VI. Discussion of the Final Rule
A. Summary
B. Calculating the Rate Adjustment
VII. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Abbreviations
AMOU American Maritime Officer Union
CFR Code of Federal Regulations
FR Federal Register
GLPAC Great Lakes Pilotage Advisory Committee
MISLE Marine Information for Safety, and Law Enforcement
NAICS North American Industry Classification System
NPRM Notice of Proposed Rulemaking
NTTAA National Technology Transfer and Advancement Act
U.S.C. United States Code
II. Regulatory History
On August 19, 2010, we published a notice of proposed rulemaking
(NPRM) entitled ``Great Lakes Pilotage Rates: 2011 Annual Review and
Adjustment'' in the Federal Register (75 FR 51191). We received three
comments on the proposed rule. No public meeting was requested and none
was held.
III. Basis and Purpose
The basis of this rulemaking is the Great Lakes Pilotage Act of
1960 (``the Act'') (46 U.S.C. chapter 93), which requires vessels
engaged in foreign trade to use U.S. registered pilots while transiting
the St. Lawrence Seaway and the Great Lakes system. The Act also
requires the Secretary of Homeland Security to ``prescribe by
regulation rates and charges for pilotage services, giving
consideration to the public interest and the costs of providing the
services.'' 46 U.S.C. 9303(f). The Secretary's duties and authority
under the Act have been delegated to the Coast Guard, and Coast Guard
regulations implementing the Act appear in parts 401 through 404 of
Title 46, Code of Federal Regulations (CFR).
The Act requires annual pilotage rate reviews to be completed by
March 1 of each year, with a ``full ratemaking'' to establish new base
rates at least once every five years. The purpose of this rulemaking is
to comply with 46 U.S.C. 9303(f) by applying the ratemaking methodology
described in Appendix C to 46 CFR part 404, which will satisfy the
requirement for the annual pilotage rate review for 2011.
IV. Background
The U.S. waters of the Great Lakes and the St. Lawrence Seaway are
divided into three pilotage districts. Pilotage in each district is
provided by an association certified by the Coast Guard Director of
Great Lakes Pilotage to operate a pilotage pool. It is
[[Page 6352]]
important to note that, while we set rates, we do not control the
actual number of pilots an association maintains, so long as the
association is able to provide safe, efficient, and reliable pilotage
service, nor do we control the actual compensation that pilots receive.
The actual compensation is determined by each of the three district
associations, which use different compensation practices.
District One, consisting of Areas 1 and 2, includes all U.S. waters
of the St. Lawrence River and Lake Ontario. District Two, consisting of
Areas 4 and 5, includes all U.S. waters of Lake Erie, the Detroit
River, Lake St. Clair, and the St. Clair River. District Three,
consisting of Areas 6, 7, and 8, includes all U.S. waters of the St.
Mary's River, Sault Ste. Marie Locks, and Lakes Michigan, Huron, and
Superior. Area 3 is the Welland Canal, which is serviced exclusively by
the Canadian Great Lakes Pilotage Authority and, accordingly, is not
included in the U.S. rate structure. Areas 1, 5, and 7 have been
designated by Presidential Proclamation, pursuant to the Act, to be
waters in which pilots must at all times be fully engaged in the
navigation of vessels in their charge. Areas 2, 4, 6, and 8 have not
been so designated because they are open bodies of water. Under the
Act, pilots assigned to vessels in these areas are only required to
``be on board and available to direct the navigation of the vessel at
the discretion of and subject to the customary authority of the
master.'' 46 U.S.C. 9302(a)(1)(B).
Our pilotage regulations implement the Act's requirement for annual
reviews of pilotage rates and a full ratemaking at least once every
five years. 46 CFR 404.1. To assist in calculating pilotage rates, the
regulations require pilotage associations to submit annual financial
statements prepared by certified public accounting firms. In addition,
every fifth year, in connection with the full ratemaking, we contract
with an independent accounting firm to conduct a full audit of the
accounts and records of the pilotage associations and prepare and
submit financial reports relevant to the ratemaking process. In those
years when a full ratemaking is conducted, we generate the pilotage
rates using Appendix A to 46 CFR Part 404. The last Appendix A review
was concluded in 2006 (71 FR 16501, April 3, 2006). Between the five-
year full ratemaking intervals, we annually review the pilotage rates
using Appendix C to Part 404 and adjust rates when deemed appropriate.
We conducted Appendix C reviews in 2007, 2008, 2009, and 2010 and
increased rates in each year. The 2010 final rule was published on
February 23, 2010 (75 FR 7958) and took effect on August 1, 2010. The
terms and formulas used in Appendix A and Appendix C are defined in
Appendix B to Part 404.
This final rule concludes the annual Appendix C rate review for
2011 and increases rates over those that took effect August 1, 2010.
V. Discussion of Comments and Changes
We received comments from three persons during the NPRM public
comment period.
Comments outside the scope of the rule. One commenter made several
statements which, although they are outside the scope of this rule,
require correction or clarification. The commenter said we improperly
base our ratemaking calculations on union contracts, do not allow for
consultation with pilots or industry, provide no meaningful opportunity
for appealing decisions made by the Director, and no longer
``maintain'' the Great Lakes Pilotage Advisory Committee (GLPAC). The
use of union contracts in calculating pilot benefits and compensation
as part of the overall rate calculation is an explicit requirement of
the current methodology. 46 CFR 404.5, 46 CFR part 404, App. A, step
2.A. All of our ratemakings are subject to notice and comment
procedure, providing ample opportunity for input from pilots, industry,
and the general public. Decisions of the Director may be appealed
pursuant to 46 CFR subpart 1.03, and ultimately all Coast Guard
decisions are subject to judicial review. The Coast Guard has not only
taken all necessary steps to maintain GLPAC, but in recent years we
have sharpened our focus on using GLPAC to provide us with the type of
consultation the commenter appears to have in mind. Congress
established GLPAC specifically for that purpose.
Ratemaking methodology. Two commenters recommended that we suspend
any rate increase until the ratemaking methodology is reviewed and
updated as needed. We requested public comments in 2009 on the need
for, and content of, any change to that methodology, and we forwarded
those comments to GLPAC (74 FR 35838, July 21, 2009). GLPAC has these
comments under consideration, but no action can be taken before the
March 1, 2011 deadline for establishing the annual rate adjustment for
2011.
Pilot dispute. One commenter recommended we suspend any rate
increase until a dispute between two of the pilotage associations is
resolved. The subject matter of this comment is not within the scope of
this rulemaking.
Calculations. One commenter disagreed with the way we applied the
methodology in calculating bridge hours and the number of pilots in
Areas 4 and 5. We performed all calculations in accordance with
Appendix C to Part 404. We used our forecast of bridge hour demand and
the Director's discretion to determine the number of pilots. As we
stated in the NPRM (75 FR at 51197), this determination applied the
same reasoning we have used since the 2008 ratemaking, which was
explained in the 2008 final rule (74 FR 220, 221-22, Jan. 5, 2009) and
also discussed at length in the 2009 ratemaking final rule (74 FR
35812, 35813-14, Jul. 21, 2009).
One commenter said that our ratemaking is arbitrary and capricious
because we count delay and detention in calculating bridge hours for
Areas 6, 7, and 8 but not in Areas 4 and 5. Under Step 1 of the
Appendix C methodology, we do not count pilot delay or detention in the
calculation of bridge hours. No information was provided by the
commenter to substantiate this claim, which runs counter to our
discussion of bridge hour calculations in ratemaking documents over
many years, and which repeats an allegation made in 2007 and refuted in
that year's interim rule: ``The Coast Guard has never considered delay,
detention, or travel time to be included in the definition of bridge
hours and has never knowingly included these items in its bridge hour
computations.'' (72 FR 8117, February 23, 2007). We did not consider
delay, detention, or travel time in our bridge hour computations for
this final rule.
VI. Discussion of the Final Rule
A. Summary
We are increasing pilotage rates in accordance with the methodology
outlined in Appendix C to 46 CFR Part 404 effective August 1, 2011. The
new rates are unchanged from what we proposed in the NPRM. Table 1
shows the new rates for each Area.
Table 1--2011 Area Rate Changes
------------------------------------------------------------------------
Then the
percentage
of increase
If pilotage service is required in: over the
current
rate is:
------------------------------------------------------------------------
Area 1 (Designated waters)................................. 3.57%
Area 2 (Undesignated waters)............................... 3.77
Area 4 (Undesignated waters)............................... 3.75
Area 5 (Designated waters)................................. 3.52
Area 6 (Undesignated waters)............................... 4.89
Area 7 (Designated waters)................................. 3.56
Area 8 (Undesignated waters)............................... 5.26
------------------------------------------------------------------------
[[Page 6353]]
Rates for cancellation, delay, or interruption in rendering
services (46 CFR 401.420) and basic rates and charges for carrying a
U.S. pilot beyond the normal change point, or for boarding at other
than the normal boarding point (46 CFR 401.428), have been increased by
6.51 percent in all areas based upon the calculations appearing at
Tables 19 through 21, which follow.
B. Calculating the Rate Adjustment
The Appendix C ratemaking calculation involves eight steps:
Step 1: Calculate the total economic costs for the base period
(pilot compensation expense plus all other recognized expenses plus the
return element, which is net income plus interest) and divide by the
total bridge hours used in setting the base period rates;
Step 2: Calculate the ``expense multiplier,'' the ratio of other
expenses, and the return element to pilot compensation for the base
period;
Step 3: Calculate an annual ``projection of target pilot
compensation'' using the same procedures found in Step 2 of Appendix A;
Step 4: Increase the projected pilot compensation in Step 3 by the
expense multiplier in Step 2;
Step 5: Adjust the result in Step 4, as required, for inflation or
deflation;
Step 6: Divide the result in Step 5 by projected bridge hours to
determine total unit costs;
Step 7: Divide prospective unit costs in Step 6 by the base period
unit costs in Step 1; and
Step 8: Adjust the base period rates by the percentage changes in
unit cost in Step 7.
The base data used to calculate each of the eight steps comes from
the 2010 Appendix C review. The Coast Guard also used the most recent
union contracts between the American Maritime Officers Union (AMOU) and
vessel owners and operators on the Great Lakes to estimate target pilot
compensation. However, the current AMOU contracts expire in July 2011,
and the Coast Guard has been informed that the contract negotiations
will not begin until sometime after that, which is well after the
pilotage statute requires that we establish a rate. Accordingly, we
have reviewed the terms of both existing and past AMOU contracts and
have projected, for the purpose of this ratemaking, that the AMOU
contracts effective in 2011 would provide increases in compensation
equal to 3%, which is the increase called for in the AMOU contracts
over the past two years. We project all other benefits to remain fixed
at current levels with the exception of medical plan contributions.
Medical plan contributions have increased 10% per year from 2006
through 2010 in the current AMOU contracts. Thus, we forecast an
increase of 10% over 2010 medical plan contributions for the AMOU
contracts in 2011. Bridge hour projections for the 2011 season have
been obtained from historical data, pilots, and industry. All documents
and records used in this rate calculation have been placed in the
public docket for this rulemaking and are available for review at the
addresses listed under ADDRESSES.
Some values may not total exactly, due to rounding for presentation
in charts. The rounding does not affect the integrity or truncate the
actual value of all calculations in the ratemaking methodology
described below.
Step 1: Calculate the total economic cost for the base period. In
this step, for each area, we add the total cost of target pilot
compensation, all other recognized expenses, and the return element
(net income plus interest). We divide this sum by the total bridge
hours for each area. The result is the cost in each area of providing
pilotage service per bridge hour for the base period. Tables 2 through
4 summarize the Step 1 calculations:
Table 2--Total Economic Cost for Base Period (2010), Areas in District
One
------------------------------------------------------------------------
Area 1 St. Area 2 Lake
Lawrence River Ontario
------------------------------------------------------------------------
Base operating expense.................. $578,569 $590,032
Base target pilot compensation.......... + $1,677,397 + $1,020,120
Base return element..................... + $11,571 + $17,701
-------------------------------
Subtotal............................ = $2,267,537 = $1,627,853
===============================
Base bridge hours....................... / 5,203 / 5,650
Base cost per bridge hour............... = $435.81 = $288.12
------------------------------------------------------------------------
Table 3--Total Economic Cost for Base Period (2010), Areas in District
Two
------------------------------------------------------------------------
Area 5
Area 4 Lake Southeast
Erie Shoal to Port
Huron, MI
------------------------------------------------------------------------
Base operating expense.................. $541,103 $848,469
Base target pilot compensation.......... + $816,096 + $1,677,397
Base return element..................... + $27,055 + $33,939
-------------------------------
Subtotal............................ = $1,384,254 = $2,559,805
===============================
Base bridge hours....................... / 7,320 / 5,097
Base cost per bridge hour............... = $189.11 = $502.22
------------------------------------------------------------------------
[[Page 6354]]
Table 4--Total Economic Cost for Base Period (2010), Areas in District Three
----------------------------------------------------------------------------------------------------------------
Area 6 Lakes
Huron and Area 7 St. Area 8 Lake
Michigan Mary's River Superior
----------------------------------------------------------------------------------------------------------------
Base operating expense.......................................... $877,638 $428,384 $691,435
Base target pilot compensation.................................. + $1,632,191 + $1,118,265 + $1,428,167
Base return element............................................. + $35,106 + $12,852 + $20,743
-----------------------------------------------
Subtotal.................................................... = $2,544,935 = $1,559,501 = $2,140,345
===============================================
Base bridge hours............................................... / 13,406 / 3,259 / 11,630
Base cost per bridge hour....................................... = $189.84 = $478.52 = $184.04
----------------------------------------------------------------------------------------------------------------
Step 2. Calculate the expense multiplier. In this step, for each
area, we add the base operating expense and the base return element.
Then we divide the sum by the base target pilot compensation to get the
expense multiplier for each area. Tables 5 through 7 show the Step 2
calculations.
Table 5--Expense Multiplier, Areas in District One
------------------------------------------------------------------------
Area 1 St. Area 2 Lake
Lawrence River Ontario
------------------------------------------------------------------------
Base operating expense.................. $578,569 $590,032
Base return element..................... + $11,571 + $17,701
-------------------------------
Subtotal............................ = $590,140 = $607,733
===============================
Base target pilot compensation.......... / $1,677,397 / $1,020,120
Expense multiplier...................... 0.35182 0.59575
------------------------------------------------------------------------
Table 6--Expense Multiplier, Areas in District Two
------------------------------------------------------------------------
Area 5
Area 4 Lake Southeast
Erie Shoal to Port
Huron, MI
------------------------------------------------------------------------
Base operating expense.................. $541,103 $848,469
Base return element..................... + $27,055 + $33,939
-------------------------------
Subtotal............................ = $568,158 = $882,408
===============================
Base target pilot compensation.......... / $816,096 / $1,677,397
Expense multiplier...................... 0.69619 0.52606
------------------------------------------------------------------------
Table 7--Expense Multiplier, Areas in District Three
----------------------------------------------------------------------------------------------------------------
Area 6 Lakes
Huron and Area 7 St. Area 8 Lake
Michigan Mary's River Superior
----------------------------------------------------------------------------------------------------------------
Base operating expense.......................................... $877,638 $428,384 $691,435
Base return element............................................. + $35,106 + $12,852 + $20,743
-----------------------------------------------
Subtotal.................................................... = $912,744 = $441,236 = $712,178
===============================================
Base target pilot compensation.................................. / $1,632,191 / $1,118,265 / $1,428,167
Expense multiplier.............................................. 0.55921 0.39457 0.49867
----------------------------------------------------------------------------------------------------------------
Step 3. Calculate annual projection of target pilot compensation.
In this step, we determine the new target rate of compensation and the
new number of pilots needed in each pilotage area, to determine the new
target pilot compensation for each area.
(a) Determine new target rate of compensation. Target pilot
compensation is based on the average annual compensation of first mates
and masters on U.S. Great Lakes vessels. For pilots in undesignated
waters, we approximate the first mates' compensation and, in designated
waters, we approximate the master's compensation (first mates' wages
multiplied by 150% plus benefits). To determine first mates' and
masters' average annual compensation, we use data from the most recent
AMOU contracts with the U.S. companies engaged in Great Lakes shipping.
Where
[[Page 6355]]
different AMOU agreements apply to different companies, we apportion
the compensation provided by each agreement according to the percentage
of tonnage represented by companies under each agreement.
As of July 2010, there are two current AMOU contracts, which we
designate Agreement A and Agreement B. Agreement A applies to vessels
operated by Key Lakes, Inc., and Agreement B applies to all vessels
operated by American Steamship Co. and Mittal Steel USA, Inc.
Both Agreement A and Agreement B will expire on July 31, 2011.
Based on the discussions with AMOU officials, these contracts are not
expected to be negotiated until 2011. This does not provide sufficient
time to incorporate new rates into the ratemaking process for the 2011
shipping season. The Coast Guard projects that when new AMOU contracts
are negotiated in 2011, they will provide for a 3% wage increase
effective August 1, 2011. This is in keeping with the recent
contractual wage raises under the existing union contracts. Both 2009
and 2010 saw wage raises of 3%. Under Agreement A, we project that the
daily wage rate would increase from $270.61 to $278.73. Under Agreement
B, the daily wage rate would be increased from $333.58 to $343.59. All
other benefits and calculations for these contracts are forecasted to
remain identical to the current AMOU contracts, with the exception of
the health benefit plan discussed below. The pension plan contribution,
which has been a fixed amount, the 401k employers matching contribution
of 5% of wages, which is also a set amount, and the monthly contract
multipliers are all projected to remain fixed at current AMOU levels.
These benefits have not changed their numerical or percentage values
over the courses of the previous AMOU agreements still in effect. We do
not project that the 2011 contracts will have any impact on these fixed
costs.
To calculate monthly wages, we apply Agreement A and Agreement B
monthly multipliers of 54.5 and 49.5, respectively, to the daily rate.
Agreement A's 54.5 multiplier represents 30.5 average working days,
15.5 vacation days, 4 days for four weekends, 3 bonus days, and 1.5
holidays. Agreement B's 49.5 multiplier represents 30.5 average working
days, 16 vacation days, and 3 bonus days.
To calculate average annual compensation, we multiply monthly
figures by 9 months, the length of the Great Lakes shipping season.
Table 8 shows new wage calculations based on Agreements A and B
effective August 1, 2011.
Table 8--Wages
------------------------------------------------------------------------
Pilots on
Pilots on designated
Monthly component undesignated waters
waters (undesignated
x 150%)
------------------------------------------------------------------------
Agreement A:
$278.73 daily rate x 54.5 days...... $15,191 $22,786
Agreement A:
Monthly total x 9 months = total 136,716 205,074
wages..............................
Agreement B:
$343.59 daily rate x 49.5 days...... 17,008 25,511
Agreement B:
Monthly total x 9 months = total 153,068 229,602
wages..............................
------------------------------------------------------------------------
Both Agreements A and B include a health benefits contribution rate
of $88.76. On average, this benefit contribution has increased at a
rate of 10% per year throughout the lives of the existing five-year
contracts. Accordingly, for the purposes of the 2011 rate we project
that when the new AMOU contracts are negotiated in 2011, this
contribution would increase to $97.64 effective August 1, 2011. We
project that Agreement A would continue to include a pension plan
contribution rate of $33.35 per man-day. Agreement B would continue to
include a pension plan contribution rate of $43.55 per man-day.
Similarly, we expect both Agreements A and B to continue to provide a
5% 401k employer matching provision. Accordingly, for purposes of the
2011 rate, we will continue to use these values in calculating total
pilot compensation. Currently, neither Agreement A nor Agreement B
includes a clerical contribution that appeared in earlier contracts,
and we project that this would not be a feature of any new AMOU
contracts negotiated in 2011. We project that the multiplier used to
calculate monthly benefits would remain the same at 45.5 days.
Table 9 shows new benefit calculations based on Agreements A and B,
effective August 1, 2011.
Table 9--Benefits
------------------------------------------------------------------------
Pilots on Pilots on
Monthly component undesignated designated
waters waters
------------------------------------------------------------------------
Agreement A
Employer contribution, 401k plan $759.53 $1,139.30
(Monthly Wages x 5%)...............
Pension = $33.35 x 45.5 days........ 1,517.43 1,517.43
Health = $97.64 x 45.5 days......... 4,442.62 4,442.62
Agreement B:
Employer contribution, 401k plan 850.38 1,275.57
(Monthly Wages x 5%)...............
Pension = $43.55 x 45.5 days........ 1,981.53 1,981.53
Health = $97.64 x 45.5 days......... 4,442.62 4,442.62
.............. ..............
Agreement A:
Monthly total benefits.............. = 6,719.58 = 7,099.35
[[Page 6356]]
Agreement A:
Monthly total benefits x 9 months... = 60,476 = 63,894
Agreement B:
Monthly total benefits.............. = 7,274.52 = 7,699.71
Agreement B:
Monthly total benefits x 9 months... = 65,471 = 69,297
------------------------------------------------------------------------
Table 10--Total Wages and Benefits
------------------------------------------------------------------------
Pilots on Pilots on
undesignated designated
waters waters
------------------------------------------------------------------------
Agreement A: Wages...................... $136,716 $205,074
Agreement A: Benefits................... + 60,476 + 63,894
Agreement A: Total...................... = 197,192 = 268,968
Agreement B: Wages...................... 153,068 229,602
Agreement B: Benefits................... + 65,471 + 69,297
Agreement B: Total...................... = 218,539 = 298,900
------------------------------------------------------------------------
Table 11 shows that approximately one third of U.S. Great Lakes
shipping deadweight tonnage operates under Agreement A, with the
remaining two thirds operating under Agreement B.
Table 11--Deadweight Tonnage by AMOU Agreement
------------------------------------------------------------------------
Company Agreement A Agreement B
------------------------------------------------------------------------
American Steamship Company.............. .............. 815,600
Mittal Steel USA, Inc................... .............. 38,826
Key Lakes, Inc.......................... 361,385 ..............
-------------------------------
Total tonnage, each agreement....... 361,385 854,426
Percent tonnage, each agreement......... 361,385 854,426
/ 1,215,811 / 1,215,811
= 29.7238% = 70.2762%
------------------------------------------------------------------------
Table 12 applies the percentage of tonnage represented by each
agreement to the wages and benefits provided by each agreement, to
determine the projected target rate of compensation on a tonnage-
weighted basis.
Table 12--Projected Target Rate of Compensation, Weighted
------------------------------------------------------------------------
Undesignated Designated
waters waters
------------------------------------------------------------------------
Agreement A:
Total wages and benefits x percent $197,192 $268,968
tonnage............................ x 29.7238% x 29.7238%
= $58,613 = $79,948
Agreement B:
Total wages and benefits x percent $218,539 $298,900
tonnage............................ x 70.2762% x 70.2762%
= $153,581 = $210,055
Total weighted average wages and $58,613 $79,948
benefits = projected target rate of + $153,581 + $210,055
compensation....................... = $212,194 = $290,003
------------------------------------------------------------------------
(b) Determine number of pilots needed. Subject to adjustment by
the Coast Guard Director of Great Lakes Pilotage to ensure
uninterrupted service, we determine the number of pilots needed for
ratemaking purposes in each area by dividing each area's projected
bridge hours, either by 1,000 (designated waters) or by 1,800
(undesignated waters).
Bridge hours are the number of hours a pilot is aboard a vessel
providing pilotage service. Projected bridge hours are based on the
vessel traffic that pilots are expected to serve. Based on historical
data and information provided by pilots and industry, we project that
vessel traffic in the 2011
[[Page 6357]]
navigation season in Districts 1 and 2 would remain unchanged from the
2010 projections noted in Table 13 of the 2010 final rule. In District
3, in both Areas 6 and 8, decreasing bridge hours require the removal
of two unused authorizations for pilots, one for each Area. There are
no pilots currently in either of these slots and no jobs are being lost
as a result of this action. The removal of these two pilot billets
merely attempts to mitigate a significant downward trend across the
undesignated waters of District 3. The bridge hours for the designated
waters of Area 7, like Districts 1 and 2, would remain unchanged from
the 2010 projections.
Table 13, below, shows the projected bridge hours needed for each
area, and the total number of pilots needed for ratemaking purposes
after dividing those figures either by 1,000 or 1,800. As we have done
since the 2008 ratemaking, and for the reasons described in detail in
the 2008 final rule (74 FR 220, 221-22, Jan. 5, 2009), we rounded up to
the next whole pilot except in Area 2 where we rounded up from 3.14 to
5, and in Area 4 where we rounded down from 4.07 to 4.
Table 13--Number of Pilots Needed
----------------------------------------------------------------------------------------------------------------
Divided by
1,000
(designated
Pilotage area Projected 2011 waters) or Pilots needed
bridge hours 1,800 (total = 40)
(undesignated
waters)
----------------------------------------------------------------------------------------------------------------
Area 1.......................................................... 5,203 1,000 6
Area 2.......................................................... 5,650 1,800 5
Area 4.......................................................... 7,320 1,800 4
Area 5.......................................................... 5,097 1,000 6
Area 6.......................................................... 11,606 1,800 7
Area 7.......................................................... 3,259 1,000 4
Area 8.......................................................... 9,830 1,800 6
----------------------------------------------------------------------------------------------------------------
(c) Determine the projected target pilot compensation for each
area. The projection of new total target pilot compensation is
determined separately for each pilotage Area by multiplying the number
of pilots needed in each Area (see Table 13) by the projected target
rate of compensation (see Table 12) for pilots working in that Area.
Table 14 shows this calculation.
Table 14--Projected Target Pilot Compensation
----------------------------------------------------------------------------------------------------------------
Multiplied by Projected
Pilotage area Pilots needed target rate of target pilot
(Total = 38) compensation compensation
----------------------------------------------------------------------------------------------------------------
Area 1.......................................................... 6 x $290,003 $1,740,018
Area 2.......................................................... 5 x 212,194 1,060,970
Area 4.......................................................... 4 x 212,194 848,776
Area 5.......................................................... 6 x 290,003 1,740,018
Area 6.......................................................... 7 x 212,194 1,485,357
Area 7.......................................................... 4 x 290,003 1,160,012
Area 8.......................................................... 6 x 212,194 1,273,164
----------------------------------------------------------------------------------------------------------------
Step 4: Increase the projected pilot compensation in Step 3 by the
expense multiplier in Step 2. This step yields a projected increase in
operating costs necessary to support the increased projected pilot
compensation. Table 15 shows this calculation.
Table 15--Projected Operating Expense
----------------------------------------------------------------------------------------------------------------
Projected Multiplied by Projected
Pilotage area target pilot expense operating
compensation multiplier expense
----------------------------------------------------------------------------------------------------------------
Area 1.......................................................... $1,740,018 x 0.35182 = $612,171
Area 2.......................................................... 1,060,970 x 0.59575 = 632,069
Area 4.......................................................... 848,776 x 0.69619 = 590,909
Area 5.......................................................... 1,740,018 x 0.52606 = 915,350
Area 6.......................................................... 1,485,357 x 0.55921 = 830,633
Area 7.......................................................... 1,160,012 x 0.39457 = 457,708
Area 8.......................................................... 1,273,164 x 0.49867 = 634,883
----------------------------------------------------------------------------------------------------------------
Step 5: Adjust the result in Step 4, as required, for inflation or
deflation, and calculate projected total economic cost. Based on data
from the U.S. Department of Labor's Bureau of Labor Statistics
available at http://www.bls.gov/
[[Page 6358]]
xg--shells/ro5xg01.htm, we have multiplied the results in Step 4 by a
0.994 deflation factor, reflecting an average deflation rate of 0.6%
between 2008 and 2009, the latest years for which data are available.
Table 16 shows this calculation and the projected total economic cost.
Table 16--Projected Total Economic Cost
----------------------------------------------------------------------------------------------------------------
B. Increase,
A. Projected multiplied by C. Projected D. Projected
Pilotage area operating deflation target pilot total economic
expense factor (= A x compensation cost (= B+C)
0.994)
----------------------------------------------------------------------------------------------------------------
Area 1.......................................... $612,171 $608,498 $1,740,018 $2,348,516
Area 2.......................................... 632,069 628,277 1,060,970 1,689,246
Area 4.......................................... 590,909 587,364 848,776 1,436,140
Area 5.......................................... 915,350 909,858 1,740,018 2,649,876
Area 6.......................................... 830,633 825,649 1,485,357 2,311,006
Area 7.......................................... 457,708 454,962 1,160,012 1,614,974
Area 8.......................................... 634,883 631,074 1,273,164 1,904,237
----------------------------------------------------------------------------------------------------------------
Step 6: Divide the result in Step 5 by projected bridge hours to
determine total unit costs. Table 17 shows this calculation.
Table 17--Total Unit Costs
----------------------------------------------------------------------------------------------------------------
Prospective
A. Projected B. Projected (total) unit
Pilotage area total economic 2011 bridge costs (A
cost hours divided by B)
----------------------------------------------------------------------------------------------------------------
Area 1.......................................................... $2,348,516 5,203 $451.38
Area 2.......................................................... 1,689,246 5,650 298.98
Area 4.......................................................... 1,436,140 7,320 196.19
Area 5.......................................................... 2,649,876 5,097 519.89
Area 6.......................................................... 2,311,006 11,606 199.12
Area 7.......................................................... 1,614,974 3,259 495.54
Area 8.......................................................... 1,904,237 9,830 193.72
----------------------------------------------------------------------------------------------------------------
Step 7: Divide prospective unit costs (total unit costs) in Step 6
by the base period unit costs in Step 1. Table 18 shows this
calculation, which expresses the percentage change between the total
unit costs and the base unit costs. The results, for each Area, are
identical with the percentage increases listed in Table 1.
Table 18--Percentage Change in Unit Costs
----------------------------------------------------------------------------------------------------------------
C. Percentage
change from
base (A
Pilotage area A. Prospective B. Base period divided by B;
unit costs unit costs result
expressed as
percentage)
----------------------------------------------------------------------------------------------------------------
Area 1.......................................................... $451.38 $435.81 3.57
Area 2.......................................................... 298.98 288.12 3.77
Area 4.......................................................... 196.19 189.11 3.75
Area 5.......................................................... 519.89 502.22 3.52
Area 6.......................................................... 199.12 189.84 4.89
Area 7.......................................................... 495.54 478.52 3.56
Area 8.......................................................... 193.72 184.04 5.26
----------------------------------------------------------------------------------------------------------------
We use the percentage change between the prospective overall unit
cost and the base overall unit cost to adjust rates for cancellation,
delay, or interruption in rendering services (46 CFR 401.420) and basic
rates and charges for carrying a U.S. pilot beyond the normal change
point or for boarding at other than the normal boarding point (46 CFR
401.428). This calculation is derived from the Appendix C ratemaking
methodology found at 46 CFR 404.10 and differs from the area rate
calculation by using total costs and total bridge hours for all areas.
Tables 19 through 21 show this calculation.
[[Page 6359]]
Table 19--Calculation of Base Period Overall Unit Cost
----------------------------------------------------------------------------------------------------------------
A. Base period C. Base period
(2010) overall B. Base period (2010) overall
total economic (2010) overall unit cost (A
costs bridge hours divided by B)
----------------------------------------------------------------------------------------------------------------
Sum of all Areas............................................. $14,084,230 51,565 $273.14
----------------------------------------------------------------------------------------------------------------
Table 20--Calculation of Projected Period Overall Unit Cost
----------------------------------------------------------------------------------------------------------------
A. Projected B. Projected C. Base period
period (2011) period (2011) (2011) overall
overall total overall bridge unit cost (A
economic costs hours divided by B)
----------------------------------------------------------------------------------------------------------------
Sum of all Areas............................................. $13,953,996 47,965 $290.92
----------------------------------------------------------------------------------------------------------------
Table 21--Percentage Change in Overall Prospective Unit Costs/Base Unit Cost
----------------------------------------------------------------------------------------------------------------
C. Percentage
A. Prospective B. Base period change from
overall unit overall unit overall base
cost cost unit cost (A
divided by B)
----------------------------------------------------------------------------------------------------------------
Across all Areas............................................. $290.92 273.14 6.51%
----------------------------------------------------------------------------------------------------------------
Step 8: Adjust the base period rates by the percentage change in
unit costs in Step 7. Table 22 shows this calculation.
Table 22--Base Period Rates Adjusted by Percentage Change in Unit Costs *
----------------------------------------------------------------------------------------------------------------
B. Percentage
change in unit C. Increase in D. Adjusted rate
Pilotage area A. Base period costs base rate (A x (A + C, rounded to
rate (Multiplying B%) nearest dollar)
factor)
----------------------------------------------------------------------------------------------------------------
Area 1: .................. 3.57(1.0357)
--Basic pilotage............ $17.73/km, $31.38/ .................. $0.63/km, $1.12/mi $18.36/km, $32.50/
mi. mi
--Each lock transited....... $393.............. .................. $14.03............ $407
--Harbor movage............. $1,287............ .................. $45.95............ $1,333
--Minimum basic rate, St. $858.............. .................. $30.63............ $889
Lawrence River.
--Maximum rate, through trip $3,767............ .................. $134.48........... $3,901
Area 2: .................. 3.77(1.0377)
--6-hr. period.............. $861.............. .................. $32.46............ $893
--Docking or undocking...... $821.............. .................. $30.95............ $852
Area 4: .................. 3.75(1.0375)
--6 hr. period.............. $762.............. .................. $28.58............ $791
--Docking or undocking...... $587.............. .................. $22.01............ $609
--Any point on Niagara River $1,498............ .................. $56.18............ $1,554
below Black Rock Lock.
Area 5 between any point on or .................. 3.52(1.0352)
in:
--Toledo or any point on $1,364............ .................. $48.01............ $1,412
Lake Erie W. of Southeast
Shoal.
--Toledo or any point on $2,308............ .................. $81.24............ $2,389
Lake Erie W. of Southeast
Shoal & Southeast Shoal.
--Toledo or any point on $2,997............ .................. $105.49........... $3,102
Lake Erie W. of Southeast
Shoal & Detroit River.
--Toledo or any point on $2,308............ .................. $81.24............ $2,389
Lake Erie W. of Southeast
Shoal & Detroit Pilot Boat.
--Port Huron Change Point & $4,020............ .................. $141.50........... $4,162
Southeast Shoal (when
pilots are not changed at
the Detroit Pilot Boat).
[[Page 6360]]
--Port Huron Change Point & $4,657............ .................. $163.93........... $4,821
Toledo or any point on Lake
Erie W. of Southeast Shoal
(when pilots are not
changed at the Detroit
Pilot Boat).
--Port Huron Change Point & $3,020............ .................. $106.30........... $3,126
Detroit River.
--Port Huron Change Point & $2,349............ .................. $82.68............ $2,432
Detroit Pilot Boat.
--Port Huron Change Point & $1,670............ .................. $58.78............ $1,729
St. Clair River.
--St. Clair River........... $1,364............ .................. $48.01............ $1,412
--St. Clair River & $4,020............ .................. $141.50........... $4,162
Southeast Shoal (when
pilots are not changed at
the Detroit Pilot Boat).
--St. Clair River & Detroit $3,020............ .................. $106.30........... $3,126
River/Detroit Pilot Boat.
--Detroit, Windsor, or $1,364............ .................. $48.01............ $1,412
Detroit River.
--Detroit, Windsor, or $2,308............ .................. $81.24............ $2,389
Detroit River & Southeast
Shoal.
--Detroit, Windsor, or $2,997............ .................. $105.49........... $3,102
Detroit River & Toledo or
any point on Lake Erie W.
of Southeast Shoal.
--Detroit, Windsor, or $3,020............ .................. $106.30........... $3,126
Detroit River & St. Clair
River.
--Detroit Pilot Boat & $1,670............ .................. $58.78............ $1,729
Southeast Shoal.
--Detroit Pilot Boat & $2,308............ .................. $81.24............ $2,389
Toledo or any point on Lake
Erie W. of Southeast Shoal.
--Detroit Pilot Boat & St. $3,020............ .................. $106.30........... $3,126
Clair River.
Area 6: .................. 4.89(1.0489)
--6 hr. period.............. $656.............. .................. $32.08............ $688
--Docking or undocking...... $623.............. .................. $30.46............ $653
Area 7 between any point on or .................. 3.56(1.0356)
in:
--Gros Cap & De Tour........ $2,559............ .................. $91.10............ $2,650
--Algoma Steel Corp. Wharf, $2,559............ .................. $91.10............ $2,650
Sault Ste. Marie, Ont. & De
Tour.
--Algoma Steel Corp. Wharf, $964.............. .................. $34.32............ $998
Sault Ste. Marie, Ont. &
Gros Cap.
--Any point in Sault Ste. $2,145............ .................. $76.36............ $2,221
Marie, Ont., except the
Algoma Steel Corp. Wharf &
De Tour.
--Any point in Sault Ste. $964.............. .................. $34.32............ $998
Marie, Ont., except the
Algoma Steel Corp. Wharf &
Gros Cap.
--Sault Ste. Marie, MI & De $2,145............ .................. $76.36............ $2,221
Tour.
--Sault Ste. Marie, MI & $964.............. .................. $34.32............ $998
Gros Cap.
--Harbor movage............. $964.............. .................. $34.32............ $998
Area 8: .................. 5.26(1.0526)
--6 hr. period.............. $578.............. .................. $30.40............ $608
--Docking or undocking...... $549.............. .................. $28.88............ $578
----------------------------------------------------------------------------------------------------------------
* Rates for ``Cancellation, delay or interruption in rendering services (Sec. 401.420)'' and ``Basic Rates and
charges for carrying a U.S. pilot beyond the normal change point, or for boarding at other than the normal
boarding point (Sec. 401.428)'' are not reflected in this table but have been increased by 6.51% across all
areas (see Table 21).
VII. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below, we summarize our
analyses based on 13 of these statutes or executive orders.
[[Page 6361]]
A. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
We received no comments that would alter our assessment of impacts
in the NPRM. We have found no additional data or information that would
change our assessment of the impacts in the NPRM. We have adopted the
analysis in the NPRM for this rule as final. A summary of the analysis
follows:
The Coast Guard is required to conduct an annual review of pilotage
rates on the Great Lakes and, if necessary, adjust these rates to align
compensation levels between Great Lakes pilots and industry. See the
``Background'' section for a detailed explanation of the legal
authority and requirements for the Coast Guard to conduct an annual
review and provide possible adjustments of pilotage rates on the Great
Lakes. Based on our annual review, we are adjusting the pilotage rates
for the 2011 shipping season to generate sufficient revenue to cover
allowable expenses, target pilot compensation, and returns on
investment.
This final rule will implement rate adjustments for the Great Lakes
system over the current rates adjusted in the 2010 final rule that was
published on February 23, 2010 (75 FR 7958) and took effect on August
1, 2010. These adjustments to Great Lakes pilotage rates meet the
requirements set forth in 46 CFR part 404 for similar compensation
levels between Great Lakes pilots and industry. They also include
adjustments for deflation and projected changes in association expenses
to maintain these compensation levels. See ``B. Calculating the Rate
Adjustment'' for details on these adjustments.
In general, we expect an increase in pilotage rates for a certain
area to result in additional costs for shippers using pilotage services
in that area, while a decrease would result in a cost reduction or
savings for shippers in that area. The shippers affected by these rate
adjustments are those owners and operators of domestic vessels
operating on register (employed in the foreign trade) and owners and
operators of foreign vessels on a route within the Great Lakes system.
These owners and operators must have pilots or pilotage service as
required by 46 U.S.C. 9302.
In the NPRM, we estimated the average annual number of vessels
affected by the rate adjustment to be about 208 vessels. These vessels
entered the Great Lakes by transiting through or in part of at least
one of the pilotage areas before leaving the Great Lakes system. These
vessels often make more than one distinct stop, docking, loading, and
unloading at facilities in Great Lakes ports. Of the total trips by the
208 vessels, there were an estimated 923 annual U.S. port arrivals
before the vessels left the Great Lakes system, based on findings in
the NPRM.
The impact of the rate adjustment to shippers is estimated from
pilotage revenues. These revenues represent the costs that shippers
must pay for pilotage services. The Coast Guard sets rates so that
revenues equal the estimated costs of pilotage.
We estimate the additional impact (costs or savings) of the rate
adjustment in this final rule to be the difference between the
projected total economic cost needed to cover costs based on the 2010
rate adjustment and the projected total economic cost needed to cover
costs in this final rule for 2011. Table 23 details additional costs or
savings by area.
Table 23--Additional Impact of the Final Rule by Area
[$U.S.; non-discounted]
----------------------------------------------------------------------------------------------------------------
Projected Additional
Projected Change in total economic cost or
total economic projected costs in 2011 savings of
costs in 2010 expenses * this rule
----------------------------------------------------------------------------------------------------------------
Area 1.......................................... $2,267,537 1.0357 $2,348,516 $80,979
Area 2.......................................... 1,627,853 1.0377 1,689,246 61,393
Area 4.......................................... 1,384,253 1.0375 1,436,140 51,887
Area 5.......................................... 2,559,805 1.0352 2,649,876 90,071
Area 6.......................................... 2,544,935 0.9081 2,311,006 (233,929)
Area 7.......................................... 1,559,501 1.0356 1,614,974 55,473
Area 8.......................................... 2,140,345 0.8897 1,904,237 (236,108)
----------------------------------------------------------------------------------------------------------------
Notes to Table 23:
* The derivation of these values is detailed in Table 16.
Some values may not total due to rounding.
See ``B. Calculating the Rate Adjustment'' for further details on the rate adjustment methodology.
``Additional Cost or Savings of this Rule'' = ``Projected Total Economic Cost in 2011'' minus ``Projected Total
Economic Cost in 2010.''
After applying the rate change in this final rule, the resulting
difference between the projected total economic cost in 2010 and the
projected total economic cost in 2011 is the annual impact to shippers
from this rule. This figure would be equivalent to the total additional
payments or savings that shippers would incur for pilotage services
from this final rule. As discussed earlier, we consider a reduction in
payments to be a cost savings.
The impact of the rate adjustment in this final rule to shippers
varies by area. The annual costs of the rate adjustments range from
$51,887 to $90,071 for most affected areas. However, Areas 6 and 8
would experience annual cost savings of approximately $234,000 and
$236,000, respectively. The annual savings is due to a projected
decrease in the number of billeted pilots in Areas 6 and 8 from 2010 to
2011. This decrease in the number of pilots would reduce the projected
revenue needed to cover costs of pilotage services in Areas 6 and 8.
This rate adjustment would result in a savings for Areas 6 and 8
that would outweigh the combined costs of the other areas. We measure
the impact of this rule by examining the changes in costs to shippers
for pilotage services. With savings in Areas 6 and 8 exceeding the
combined costs in other areas, the net impact of this rule would be a
cost savings for pilotage services in the Great Lakes system. The
overall impact of the final rule would be a cost savings to shippers of
about $130,000 if we sum across all affected areas.
[[Page 6362]]
B. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
In the NPRM, we certified under 5 U.S.C. 605(b) that the proposed
rule would not have a significant economic impact on a substantial
number of small entities. We received no public comments that would
alter our certification in the NPRM. We have found no additional data
or information that would change our findings in the NPRM. We have
adopted the certification in the NPRM for this final rule. See the
``Small Entities'' section of the NPRM for additional details. A
summary of the NPRM analysis follows.
We found entities affected by the rule to be classified under the
North American Industry Classification System (NAICS) code subsector
483-Water Transportation, which includes one or all of the following 6-
digit NAICS codes for freight transportation: 483111-Deep Sea Freight
Transportation, 483113-Coastal and Great Lakes Freight Transportation,
and 483211-Inland Water Freight Transportation. According to the Small
Business Administration's definition, a U.S. company with these NAICS
codes and employing less than 500 employees is considered a small
entity.
In the NPRM, we found that large, mostly foreign-owned, shipping
conglomerates or their subsidiaries owned or operated all vessels
engaged in foreign trade on the Great Lakes. We assume that new
industry entrants will be comparable in ownership and size to these
shippers.
There are three U.S. entities affected by the rule that receive
revenue from pilotage services. These are the three pilot associations
that provide and manage pilotage services within the Great Lakes
districts. Two of the associations operate as partnerships and one
operates as a corporation. These associations are classified with the
same NAICS industry classification and small entity size standards
described above, but they have far fewer than 500 employees:
approximately 65 total employees combined. We expect no adverse impact
to these entities from this final rule since all associations receive
enough revenue to balance the projected expenses associated with the
projected number of bridge hours and pilots.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this final rule will not have a significant economic impact on a
substantial number of small entities.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking. The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
D. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
E. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism because there are no similar State regulations and the
States do not have the authority to regulate and adjust rates for
pilotage services in the Great Lakes system.
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
G. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
H. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
J. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
K. Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
L. Technical Standards
The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary consensus standards in their
regulatory activities unless the agency provides Congress, through the
Office of Management and Budget, with an
[[Page 6363]]
explanation of why using these standards would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., specifications of materials,
performance, design, or operation; test methods; sampling procedures;
and related management systems practices) that are developed or adopted
by voluntary consensus standards bodies. This rule does not use
technical standards. Therefore, we did not consider the use of
voluntary consensus standards.
M. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have concluded that this
action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded under section 2.B.2, figure 2-1,
paragraph (34)(a) of the Instruction. Paragraph 34(a) pertains to minor
regulatory changes that are editorial or procedural in nature. This
rule adjusts rates in accordance with applicable statutory and
regulatory mandates. An environmental analysis checklist and a
categorical exclusion determination are available in the docket where
indicated under ADDRESSES.
List of Subjects in 46 CFR Part 401
Administrative practice and procedure, Great Lakes, Navigation
(water), Penalties, Reporting and recordkeeping requirements, Seamen.
For the reasons discussed in the preamble, the Coast Guard amends
46 CFR part 401 as follows:
PART 401--GREAT LAKES PILOTAGE REGULATIONS
0
1. The authority citation for part 401 continues to read as follows:
Authority: 46 U.S.C. 2104(a), 6101, 7701, 8105, 9303, 9304;
Department of Homeland Security Delegation No. 0170.1; 46 CFR
401.105 also issued under the authority of 44 U.S.C. 3507.
0
2. In Sec. 401.405, revise paragraphs (a) and (b), including the
footnote to Table (a), to read as follows:
Sec. 401.405 Basic rates and charges on the St. Lawrence River and
Lake Ontario.
* * * * *
(a) Area 1 (Designated Waters):
------------------------------------------------------------------------
Service St. Lawrence River
------------------------------------------------------------------------
Basic pilotage........................ $18.36 per Kilometer or $32.50
per mile.\1\
Each Lock Transited................... $407.\1\
Harbor Movage......................... $1,333.\1\
------------------------------------------------------------------------
\1\ The minimum basic rate for assignment of a pilot in the St. Lawrence
River is $889, and the maximum basic rate for a through trip is
$3,901.
(b) Area 2 (Undesignated Waters):
------------------------------------------------------------------------
Service Lake Ontario
------------------------------------------------------------------------
Six-hour period......................................... $893
Docking or undocking.................................... 852
------------------------------------------------------------------------
0
3. In Sec. 401.407, revise paragraphs (a) and (b), including the
footnote to Table (b), to read as follows:
Sec. 401.407 Basic rates and charges on Lake Erie and the navigable
waters from Southeast Shoal to Port Huron, MI.
* * * * *
(a) Area 4 (Undesignated Waters):
------------------------------------------------------------------------
Lake Erie
(East of
Service Southeast Buffalo
Shoal)
------------------------------------------------------------------------
Six-hour period............................... $791 $791
Docking or undocking.......................... 609 609
Any Point on the Niagara River below the Black N/A 1,554
Rock Lock....................................
------------------------------------------------------------------------
(b) Area 5 (Designated Waters):
----------------------------------------------------------------------------------------------------------------
Toledo or
any point
on Lake
Any point on or in Southeast Erie west Detroit Detroit St. Clair
shoal of River pilot boat River
Southeast
Shoal
----------------------------------------------------------------------------------------------------------------
Toledo or any port on Lake Erie west of $2,389 $1,412 $3,102 $2,389 N/A
Southeast Shoal...............................
Port Huron Change Point........................ \1\ 4,162 \1\ 4,821 3,126 2,432 $1,729
St. Clair River................................ \1\ 4,162 N/A 3,126 3,126 1,412
Detroit or Windsor or the Detroit River........ 2,389 3,102 1,412 N/A 3,126
Detroit Pilot Boat............................. 1,729 2,389 N/A N/A 3,126
----------------------------------------------------------------------------------------------------------------
\1\ When pilots are not changed at the Detroit Pilot Boat.
0
4. In Sec. 401.410, revise paragraphs (a), (b), and (c) to read as
follows:
Sec. 401.410 Basic rates and charges on Lakes Huron, Michigan, and
Superior, and the St Mary's River.
* * * * *
(a) Area 6 (Undesignated Waters):
------------------------------------------------------------------------
Lakes Huron
Service and
Michigan
------------------------------------------------------------------------
Six-hour period............................................ $688
Docking or undocking....................................... 653
------------------------------------------------------------------------
(b) Area 7 (Designated Waters):
------------------------------------------------------------------------
Area De tour Gros cap Any harbor
------------------------------------------------------------------------
Gros Cap......................... $2,650 N/A N/A
[[Page 6364]]
Algoma Steel Corporation Wharf at $2,650 $998 N/A
Sault Ste. Marie, Ontario.......
Any point in Sault Ste. Marie, 2,221 998 N/A
Ontario, except the Algoma Steel
Corporation Wharf...............
Sault Ste. Marie, MI............. 2,221 998 N/A
Harbor Movage.................... N/A N/A $998
------------------------------------------------------------------------
(c) Area 8 (Undesignated Waters):
------------------------------------------------------------------------
Lake
Service Superior
------------------------------------------------------------------------
Six-Hour Period............................................ $608
Docking or Undocking....................................... 578
------------------------------------------------------------------------
Sec. 401.420 [Amended]
0
5. In Sec. 401.420--
0
a. In paragraph (a), remove the text ``$119'' and add, in its place,
the text ``$127''; and remove the text ``$1,867'' and add, in its
place, the text ``$1,989'';
0
b. In paragraph (b), remove the text ``$119'' and add, in its place,
the text ``$127''; and remove the text ``$1,867'' and add, in its
place, the text ``$1,989''; and
0
c. In paragraph (c)(1), remove the text ``$705'' and add, in its place,
the text ``$751''; and in paragraph (c)(3), remove the text ``$119''
and add, in its place, the text ``$127'', and remove the text
``$1,867'' and add, in its place, the text ``$1,989''.
Sec. 401.428 [Amended]
0
6. In Sec. 401.428, remove the text ``$719'' and add, in its place,
the text ``$766''.
Dated: January 28, 2011.
Dana A. Goward,
Director Marine Transportation Systems Management, U.S. Coast Guard.
[FR Doc. 2011-2456 Filed 2-3-11; 8:45 am]
BILLING CODE 9110-04-P