Federal Register - August 25, 2021
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Source: Federal Register
khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Proposed Rules hypothecate, assign, transfer or encumber funds or assets in the Escrow Account except in accordance with the terms of this Agreement.
20. This Agreement is for the benefit of the parties hereto and, accordingly, each and every provision hereof shall be enforceable by any or each or both of them. Additionally, this Agreement shall be enforceable by the Commission. However, this Agreement shall not be enforceable by any other party, person or entity whatsoever.
21. a No amendments, modifications or other change in the terms of this Agreement shall be effective for any purpose whatsoever unless agreed upon in writing by Escrow Agent and Customer and approved in writing by the Commission.
b No party hereto may assign its rights or obligations hereunder without the prior written consent of the other, and unless approved in writing by the Commission. The merger of Customer with another entity or the transfer of a controlling interest in the stock of Customer shall constitute an assignment hereunder for which prior written approval of the Commission is required, which approval shall not be unreasonably withheld.
22. The foregoing provisions shall be binding upon undersigned, their assigns, successors and personal representative.
23. The Commission shall have the right to inspect the books and records of the Escrow Agent and those of Customer as related to the Escrow Account. In addition, the Commission shall have the right to seek copies of annual audited financial statements and other financial related information.
24. All investments, securities and assets maintained under the Escrow Agreement will be physically located in the United States.
25. Notices relating to this Agreement shall be sent to Customer at address and to Escrow Agent at address or to such other address as any party hereto may hereafter designate in writing. Any communication sent to the Commission or its successor organization shall be sent to the following address: Bureau of Certification and Licensing, Federal Maritime Commission, 800 North Capitol NW, Washington, DC
205730001.
26. This agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which when taken together shall constitute one and the same instrument.
27. This Agreement is made and delivered in, and shall be construed in accordance with the laws of the State ll of without regard to the choice of law rules.
In witness whereof, the undersigned have each caused this Agreement to be executed on their behalf as of the date first above written.
By: lllllllllllllllllll Title: llllllllllllllllll By: lllllllllllllllllll Title: llllllllllllllllll
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EXHIBIT A
DEPARTMENT OF THE INTERIOR
ESCROW AGREEMENT, dated ll by and between Customer and Escrow Agent.
Fish and Wildlife Service
Passenger Vessels Owned or Chartered
50 CFR Part 17
ANNEX 1
Docket No. FWSHQES20200100;
FF09E22000 FXES11180900000 212
RECOMPUTATION CERTIFICATE
To: Federal Maritime Commission And To: Bank The undersigned, the Controller of ll hereby furnishes this Recomputation Certificate pursuant to the terms of the Escrow Agreement dated ll, between the Customer and Bank. Terms herein shall have the same definitions as those in such Escrow Agreement and Federal Maritime Commission regulations.
I. Unearned Passenger Revenue as of Date was: $ll a. Additions to unearned Passenger Revenue since such date were:
1. Passenger Receipts: $ll 2. Other Specify $ll 3. Total Additions: $ll b. Reductions in Unearned Passenger Revenue since such date were:
1. Completed Cruises: $ll 2. Refunds and Cancellations: $ll 3. Other Specify $ll 4. Total Reductions: $ll II. Unearned Passenger Revenue as of the date of this Recomputation Certificate is:
$ll a. Excess Escrow Amount $ll III. Plus the Required Fixed Amount: $ll IV. Total Required in Escrow: $ll V. Current Balance in Escrow Account:
$ll VI. Amount to be Deposited in Escrow Account: $ll VII. Amount of Escrow Account available to Operator: $ll VIII. I declare under penalty of perjury that the above information is true and correct.
Dated: lllllllllllllllll Signature lllllllllllllll Name: lllllllllllllllll Title: llllllllllllllllll Signature lllllllllllllll Name: lllllllllllllllll Title: llllllllllllllllll By the Commission.
Rachel Dickon, Secretary.
FR Doc. 202118220 Filed 82421; 8:45 am BILLING CODE 673002P
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RIN 1018BE92
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Amur Sturgeon Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
AGENCY:
We, the U.S. Fish and Wildlife Service Service, announce a 12-month finding on a petition to list the Amur sturgeon Acipenser schrenckii, a fish species from the Amur River basin in Russia and China, as an endangered species under the Endangered Species Act of 1973, as amended Act. After a review of the best scientific and commercial information available, we find that listing the species is warranted.
Accordingly, we propose to list the Amur sturgeon as an endangered species under the Act. If we finalize this rule as proposed, it would add this species to the List of Endangered and Threatened Wildlife and extend the Acts protections to the species.
DATES: We will accept comments received or postmarked on or before October 25, 2021. Comments submitted electronically using the Federal eRulemaking Portal see ADDRESSES, below must be received by 11:59 p.m.
Eastern Time on the closing date. We must receive requests for a public hearing, in writing, at the address shown in FOR FURTHER INFORMATION
CONTACT by October 12, 2021.
ADDRESSES: You may submit comments by one of the following methods:
1 Electronically: Go to the Federal eRulemaking Portal: http
www.regulations.gov. In the Search box, enter FWSHQES20200100, which is the docket number for this rulemaking. Then, click on the Search button. On the resulting page, in the Search panel on the left side of the screen, under the Document Type heading, check the Proposed Rule box to locate this document. You may submit a comment by clicking on Comment Now!
2 By hard copy: Submit by U.S. mail to: Public Comments Processing, Attn:
FWSHQES20200100, U.S. Fish and Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041
3803.
SUMMARY:
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25AUP1