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Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Proposed Rules
Number of Annual Respondents: The Commission estimates the respondent universe at 20, of which 10 opt to make their schedules available to the public.
Estimated Time per Response: The time per response for completing Form FMC1 averages 0.5 person-hours, and approximately 5 person-hours for related MTO schedules.
Total Annual Burden: The Commission estimates the total annual person-hour burden at 60 person-hours.
Comments are invited on:
Whether the collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have practical utility;
Whether the Commissions estimate for the burden of the information collection is accurate;
Ways to enhance the quality, utility, and clarity of the information to be collected;
Ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology.
Please submit any comments, identified by the docket number in the heading of this document, by the methods described in the ADDRESSES
section of this document.
Executive Order 12988 Civil Justice Reform This proposed rule meets the applicable standards in E.O. 12988
titled, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Section 3b of E.O. 12988 requires agencies to make every reasonable effort to ensure that each new regulation: 1 Clearly specifies the preemptive effect; 2
clearly specifies the effect on existing Federal law or regulation; 3 provides a clear legal standard for affected conduct, while promoting simplification and burden reduction; 4 clearly specifies the retroactive effect, if any; 5
adequately defines key terms; and 6
addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. This document is consistent with that requirement.
Regulation Identifier Number The Commission assigns a regulation identifier number RIN to each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions Unified Agenda.
The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. You
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may use the RIN contained in the heading at the beginning of this document to find this action in the Unified Agenda, available at http
www.reginfo.gov/public/do/
eAgendaMain.
List of Subjects in 46 CFR Part 525
Marine Terminal Operator Schedules.
For the reasons set forth above, the Federal Maritime Commission is proposing to amend 46 CFR part 525 as follows:
PART 525MARINE TERMINAL
OPERATOR SCHEDULES
1. The authority citation for part 525
continues to read as follows:

Authority: 46 U.S.C. 40102, 40501, 41101
41106.

2. Amend 525.1 by:
a. Revising paragraphs a and c1, 2, 7, 8, 13, and 18;
b. Redesignating paragraphs c21
through 23 as paragraphs c22
through 24; and c. Adding a new paragraph c21.
The revisions and addition read as follows:

525.1

Purpose and scope.

a Purpose. This part implements the Shipping Act of 1984, as amended 46
U.S.C. 4010141309. The requirements of this part are necessary to enable the Commission to meet its responsibilities with regard to identifying and preventing unreasonable preference or prejudice and unjust discrimination pursuant to section 10 of the Act 46
U.S.C. 4110141106.

c
1 Act means the Shipping Act of 1984, as amended.
2 Bulk cargo means cargo that is loaded and carried in bulk without mark or count, in a loose unpackaged form, having homogenous characteristics.
Bulk containerized cargo tendered by the shipper is subject to mark and count and is, therefore, subject to the requirements of this part.

7 Expiration datemeans the last day after which the entire schedule or a single element of the schedule, is no longer in effect.
8 Forest products means forest products including, but not limited to, lumber in bundles, rough timber, ties, poles, piling, laminated beams, bundled siding, bundled plywood, bundled core stock or veneers, bundled particle or fiber boards, bundled hardwood, wood pulp in rolls, wood pulp in unitized bales, paper and paper board in rolls or
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in pallet or skid-sized sheets, liquid or granular by-products derived from pulping and papermaking, and engineered wood products.

13 Marine terminal operator means a person engaged in the United States in the business of providing wharfage, dock, warehouse or other terminal facilities in connection with a common carrier, or in connection with a common carrier and a water carrier subject to subchapter II of chapter 135 of title 49, United States Code. A marine terminal operator includes, but is not limited to, terminals owned or operated by states and their political subdivisions;
railroads who perform port terminal services not covered by their line haul rates; common carriers who perform port terminal services; and warehousemen who operate port terminal facilities. For the purposes of this part, marine terminal operator includes conferences of marine terminal operators. This term does not include shippers or consignees who exclusively provide their own marine terminal facilities in connection with tendering or receiving proprietary cargo from a common carrier or water carrier.

18 Terminal facilities means one or more structures comprising a terminal unit, which include, but are not limited to docks, berths, piers, aprons, wharves, warehouses, covered and/or open storage spaces, cold storage plants, cranes, grain elevators and/or bulk cargo loading and/or unloading structures, landings, and receiving stations, used for the transmission, care and convenience of cargo and/or passengers in the interchange of same between land and ocean common carriers or between two ocean common carriers.

21 United States means the States of the United States, the District of Columbia, Guam, Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States.

3. Amend 525.3 by revising paragraphs b through e to read as follows:
525.3 Availability of marine terminal operator schedules.

b Access to electronically published schedules. Marine terminal operators shall provide access to their terminal schedules via the internet.
c internet connection. 1 The internet connection requires that
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