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Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Proposed Rules allowed by law. If your comments contain confidential information, you must submit the following by email to the address listed above under ADDRESSES:
A transmittal letter requesting confidential treatment that identifies the specific information in the comments for which protection is sought and demonstrates that the information is a trade secret or other confidential research, development, or commercial information.
A confidential copy of your comments, consisting of the complete filing with a cover page marked Confidential-Restricted, and the confidential material clearly marked on each page.
A public version of your comments with the confidential information excluded. The public version must state Public Versionconfidential materials excluded on the cover page and on each affected page, and must clearly indicate any information withheld.
Will the Commission consider late comments?
The Commission will consider all comments received before the close of business on the comment closing date indicated above under DATES. To the extent possible, we will also consider comments received after that date.
How can I read comments submitted by other people?
You may read the comments received by the Commission at the Commissions Electronic Reading Room at the addresses listed above under ADDRESSES.
V. Regulatory Notices and Analysis Regulatory Flexibility Act The Regulatory Flexibility Act codified as amended at 5 U.S.C. 601
612 provides that whenever an agency is required to publish a notice of proposed rulemaking under the Administrative Procedure Act APA 5
U.S.C. 553, the agency must prepare and make available for public comment an initial regulatory flexibility analysis IRFA describing the impact of the proposed rule on small entities, unless the head of the agency certifies that the rulemaking will not have a significant economic impact on a substantial number of small entities. 5 U.S.C. 603, 605. Based on the analysis below, the Chairman of the Federal Maritime Commission certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities. The regulated business entities that would be
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impacted by the rule are marine terminal operators. The Commission has determined that marine terminal operators generally do not qualify as small entities under the guidelines of the Small Business Administration SBA. See FMC Policy and Procedures Regarding Proper Consideration of Small Entities in Rulemakings Feb. 7, 2003, available at https www.fmc.gov/
wp-content/uploads/2018/10/SBREFA_
Guidelines_2003.pdf.
National Environmental Policy Act The National Environmental Policy Act of 1969 NEPA 42 U.S.C. 4321
4347 requires Federal agencies to consider the environmental impacts of proposed major Federal actions significantly affecting the quality of the human environment, as well as the impacts of alternatives to the proposed action. When a Federal agency prepares an environmental assessment, the Council on Environmental Quality CEQ NEPA implementing regulations 40 CFR parts 1500 through 1508
require it to include brief discussions of the need for the proposal, of alternatives . . ., of the environmental impacts of the proposed action and alternatives, and a listing of agencies and persons consulted. 40 CFR
1508.9b. This section serves as the Commissions Draft Environmental Assessment Draft EA for the proposed changes to 46 CFR part 525.
This document sets forth the purpose of and need for this action. The purpose of this rulemaking is to modernize outdated requirements and clarify existing requirements associated with the filing of MTO schedules. The recommended changes are non-policy related and the intent is limited to modernizing outdated requirements and clarifying existing requirements and definitions to make them consistent with other parts of the Commissions regulations.
The Commission has reviewed the information presented in this Draft EA
and concludes that the proposed action and alternatives it may consider would have nothing more than de minimis impacts on the quality of the human environment. Based on the information in this Draft EA and assuming no additional information or changed circumstances, the Commission expects to issue a Finding of No Significant Impact FONSI. Such a finding will be made only after careful review of all public comments received. A Final EA
and a FONSI, if appropriate, will be issued as part of the final rule.

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Paperwork Reduction Act The Paperwork Reduction Act of 1995
44 U.S.C. 35013521 PRA requires an agency to seek and receive approval from the Office of Management and Budget OMB before collecting information from the public. 44 U.S.C.
3507. The agency must submit collections of information in proposed rules to OMB in conjunction with the publication of the notice of proposed rulemaking. 5 CFR 1320.11.
The information collection requirements associated with the marine terminal operator schedules requirements in part 525 are currently authorized under OMB Control Number 30720061. The proposed rule does not make any changes to the option for MTOs to file MTO schedules with the Commission.
In compliance with the PRA, the Commission has submitted the proposed revised information collection to the Office of Management and Budget and is requesting comment on the proposed revision.
Title: 46 CFR part 525Marine Terminal Operator Schedules and Related Form FMC1.
OMB Control Number: 30720061
Expires April 30, 2024.
Abstract: 46 U.S.C. 40501f provides that a marine terminal operator MTO
may make available to the public a schedule of its rates, regulations, and practices, including limitations of liability for cargo loss or damage, pertaining to receiving, delivering, handling, or storing property at its marine terminal. The Commissions rules governing MTO schedules are set forth at 46 CFR part 525.
Current Actions: The proposed rule would modernize outdated requirements and clarify existing requirements associated with the filing of MTO schedules.
Type of Review: Revision of a previously approved collection.
Needs and Uses: The Commission uses information obtained from Form FMC1 to determine the organization name, organization number, home office address, name and telephone number of the firms representatives and the location of MTO schedules of rates, regulations and practices, and publisher, should the MTOs determine to make their schedules available to the public, as set forth in section 8f of the Shipping Act.
Frequency: This information is collected prior to an MTOs commencement of its marine terminal operations.
Type of Respondents: Persons operating as MTOs.

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