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Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Proposed Rules
Instructions: For detailed instructions on submitting comments, including requesting confidential treatment of comments, and additional information on the rulemaking process, see the Public Participation heading of the SUPPLEMENTARY INFORMATION section of this document. Note that all comments received will be posted without change to the Commissions website, unless the commenter has requested confidential treatment.
Docket: For access to the docket to read background documents or comments received, go to the Commissions Electronic Reading Room at: https www2.fmc.gov/readingroom/
proceeding/21-06/.
FOR FURTHER INFORMATION CONTACT:
Rachel E. Dickon, Secretary; Phone:
202 5235725; Email: secretary@
fmc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction Regulations for the publication of terminal schedules by MTOs are set forth in 46 CFR part 525. Information made available under this part may be used to determine MTOs compliance with shipping statutes and regulations.
II. Background Rules regarding MTO schedules are outlined in 46 CFR part 525. The regulations are limited to the optional publication of MTO schedules. Pursuant to part 525, a marine terminal operator, at its discretion, may make available to the public, subject to section 10d of the Shipping Act 46 U.S.C. 41102c, 41103, 41106, a schedule of its rates, regulations, and practices. Part 525 also discusses the rules with respect to making terminal schedules available to the public. These regulations were scheduled to be reviewed in Fiscal Year 2020. The Commission proposes several changes to these regulations that are neither substantial nor policy related.
Some provisions reference old names of a current Commission bureau or outdated technology used to gain access to MTO schedules. Other provisions have been clarified as deemed necessary or revised to be consistent with other parts of the Commissions regulations.
III. Discussion of Proposed Changes As discussed above, the proposed changes are non-policy related and the intent is limited to modernizing outdated requirements, clarifying existing requirements and definitions, and making the existing requirements and definitions consistent with other parts of the Commissions regulations.
Section 525.1. The proposed rule revises references to the Shipping Act of
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1984 the Act to remove specific cites to the Ocean Shipping Reform Act of 1998 and the Coast Guard Authorization Act of 1998 because several other laws also amend the Shipping Act of 1984.
See An Act to Complete the Codification of Title 46, United States Code, Shipping, as Positive Law, Public Law 109304, 120 Stat. 1485 2006;
Frank LoBiondo Coast Guard Authorization Act of 2018, Public Law 115282, 132 Stat. 4192 2018. These revisions affect section 525.1a and c1. The proposed rule adds clarifying language to the definition of bulk cargo to show that bulk containerized cargo tendered by the shipper is subject to mark and count and is, therefore, subject to the requirements of this part. The proposed rule amends the definition of forest products to correct a typographical error.
In addition, the proposed rule revises the definition of marine terminal operator to mean 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. This language is consistent with the statutory definition of an MTO. See 46 U.S.C.
4010215. The proposed rule also adds language to clarify that shippers or consignees who exclusively provide their own marine terminal facilities in connection with providing marine terminal services are not MTOs.
The proposed rule amends the definition of terminal facilities by adding docks, berths, piers, and aprons to the list of structures comprising a terminal unit. In addition, the proposed language replaces the term water carriers with ocean common carriers.
The proposed rule also introduces a definition for the United States that is consistent with the definition found in 46 U.S.C. 114. To accommodate the new paragraph, the proposed rule renumbers paragraphs 525.1c21 to 23 to be paragraphs 525.1c22 to 24.
Additionally, the proposed rule revises the definition of an MTO to delete or a commonwealth, territory, or possession thereof, because those entities are now included in the definition of United States.
Section 525.2. The proposed rule does not revise section 525.2, Terminal Schedules.
Section 525.3. With respect to part 525.3, Availability of marine terminal operator schedules, the proposed rule strikes outdated and unnecessary language relating to accessing electronically published MTO
schedules. The proposed rule deletes the terms personal computer PC,
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dial-up connection, the internet, Web browser, Telnet session, modem, and any further definition or technical requirements relating to these terms. The proposed language also amends the term URL to mean uniform resource locator. The proposed rule deletes current paragraphs 525.3c and e regarding dial-up connection requirements and the Commission access as the technologies referenced in those paragraphs are obsolete.
With the deletion of specific paragraphs as discussed above, the proposed rule renumbers the remaining paragraphs. With respect to current paragraph 525.3f, the proposed rule replaces references to the Bureau of Tariffs, Certification and Licensing, which no longer exists, with the Bureau of Trade Analysis BTA. In addition, the proposed rule also replaces name and telephone number of firms representative with simply contact information for its representative. The proposed rule also clarifies that BTA has authority to accept submitted Form FMC1 filings and revisions, and that the filings are pending until accepted.
With respect to current paragraph 525.3g, the proposed rule clarifies that an MTO may make available to the public its schedules and that any such schedule made available to the public is enforceable by an appropriate court as an implied contract without proof of actual knowledge of its provisions. This language is consistent with 46 U.S.C.
40501f.
Section 525.4. The proposed rule does not revise section 525.4.
IV. Public Participation How do I prepare and submit comments?
Your comments must be written and in English. To ensure that your comments are correctly filed in the docket, please include the docket number of this document in your comments.
You may submit your comments via email to the email address listed above under ADDRESSES. Please include the docket number associated with this notice and the subject matter in the subject line of the email. Comments should be attached to the email as a Microsoft Word or text-searchable PDF
document.
How do I submit confidential business information?
The Commission will provide confidential treatment for identified confidential information to the extent
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