Non-Vessel-Operating Common Carriers Negotiated Rate Arrangements; Tariff Filing Exemption, 33971-33972 [2012-14005]

Download as PDF Federal Register / Vol. 77, No. 111 / Friday, June 8, 2012 / Rules and Regulations be enforced on the dates and times listed in the table below. If you have questions on this notice, call or email Ensign Kimberly Farnsworth, FOR FURTHER INFORMATION CONTACT: Coast Guard; telephone 718–354–4163, email Kimberly.A.Farnsworth@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone listed in 33 CFR 165.160 on the specified dates and times as indicated in Table 1 33971 below. If the event is delayed by inclement weather, the regulation will be enforced on the rain date indicated in Table 1 below. These regulations were published in the Federal Register on November 9, 2011 (76 FR 69614). TABLE 1 1. Bronx Salutes America Fireworks, Orchard Beach Safety Zone, 33 CFR 165.160(3.11). 2. City of Newburgh Fireworks, Newburgh Hudson River Safety Zone, 33 CFR 165.160(5.12). Under the provisions of 33 CFR 165.160, a vessel may not enter the regulated area unless given express permission from the COTP or the designated representative. Spectator vessels may transit outside the regulated area but may not anchor, block, loiter in, or impede the transit of other vessels. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation. This notice is issued under authority of 33 CFR 165.160(a) and 5 U.S.C. 552(a). In addition to this notice in the Federal Register, the Coast Guard will provide mariners with advanced notification of enforcement periods via the Local Notice to Mariners and marine information broadcasts. If the COTP determines that the regulated area need not be enforced for the full duration stated in this notice, a Broadcast Notice to Mariners may be used to grant general permission to enter the regulated area. Dated: May 21, 2012. G.P. Hitchen, Captain, U.S. Coast Guard, Acting Captain of the Port New York. [FR Doc. 2012–13889 Filed 6–7–12; 8:45 am] BILLING CODE 9110–04–P FEDERAL MARITIME COMMISSION pmangrum on DSK3VPTVN1PROD with RULES 46 CFR Part 532 [Docket No. 11–22] RIN 3072–AC38 Non-Vessel-Operating Common Carriers Negotiated Rate Arrangements; Tariff Filing Exemption AGENCY: Federal Maritime Commission. VerDate Mar<15>2010 14:57 Jun 07, 2012 Jkt 226001 • Launch site: All waters of Long Island Sound in an area bound by the following points: 40°51′43.5″ N, 073°47′36.3″ W; thence to 40°52′12.2″ N, 073°47′13.6″ W; thence to 40°52′02.5″ N, 073°46′47.8″ W; thence to 40°51′32.3″ N, 073°47′09.9″ W (NAD 1983), thence to the point of origin. • Date: June 29, 2012. • Time: 8:50 p.m.–10:12 p.m. • Launch site: A barge located in approximate position 41°30′01.2″ N, 073°59′42.5″ W (NAD 1983), approximately 930 yards east of Newburgh, New York. • Date: July 4, 2012. • Time: 9 p.m.–10:30 p.m. In this direct final rule, the Federal Maritime Commission is revising the regulations which govern negotiated rate arrangements. The rule eliminates some recordkeeping requirements to make them less burdensome. DATES: This rule is effective September 10, 2012 without further action, unless significant adverse comment is received by August 10, 2012. If adverse comment is received, the Federal Maritime Commission will publish a timely withdrawal of the rule in the Federal Register. ADDRESSES: Submit comments to: Karen V. Gregory, Secretary, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573–0001, or email non-confidential comments to: Secretary@fmc.gov (email comments as attachments preferably in Microsoft Word or PDF). FOR FURTHER INFORMATION CONTACT: Karen V. Gregory, Secretary, Federal Maritime Commission, 800 N. Capitol Street NW., Washington, DC 20573– 0001, (202) 523–5725, Fax (202) 523– 0014, Email: Secretary@fmc.gov. Rebecca A. Fenneman, General Counsel, Federal Maritime Commission, 800 N. Capitol Street NW., Washington, DC 20573–0001, (202) 523–5740, Fax (202) 523–5738, Email: GeneralCounsel@fmc. gov. SUPPLEMENTARY INFORMATION: their tariff rate publication obligations when entering into a ‘‘negotiated rate arrangement’’ (NRA). Commission Docket No. 10–03, 76 FR 11351, effective April 18, 2011.1 On December 20, 2011, the Commission issued a Notice of Inquiry (NOI), Commission Docket No. 11–22, seeking comments on ways to make NRAs more useful, including the possible extension of the ability to offer NRAs to foreign-based NVOCCs not licensed by the Commission. December 27, 2011 at 76 FR 80866. The record in Commission Docket No. 10–03 was incorporated into Docket No. 11–22. Comments were due by March 26, 2012. The Commission received 23 comments. Of those 23 comments, 16 came from ocean transportation intermediaries; 4 from U.S. trade associations; and 3 from foreign trade associations. A number of the commenters suggested eliminating some of the technical requirements of the rule. In particular, commenters suggested eliminating the requirement for the shipper’s title and address in their written assent to rates; eliminating the requirement that the bill of lading include a notice that a shipment is moving pursuant to an NRA; and eliminating the requirement that an NVOCC retain all associated records and written communications pertaining to an NRA. After consideration of these specific suggestions, the Commission has determined to adopt these suggestions and revise the regulation governing NRAs through a direct final Background On March 2, 2011, the Federal Maritime Commission (Commission) issued a final rule, promulgating 46 CFR part 532, regulations which govern the exemption of licensed NVOCCs from 1 On April 5, 2011, the Commission published a correction to its final rule clarifying that NRAs must be agreed to prior to receipt of the cargo and removing the requirement that NVOCCs indicate their intention to move cargo under NRAs on their Form FMC–1 on file with the Commission. 76 FR 19706. Direct final rule; request for comments. ACTION: SUMMARY: PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\08JNR1.SGM 08JNR1 33972 Federal Register / Vol. 77, No. 111 / Friday, June 8, 2012 / Rules and Regulations rule. In a direct final rulemaking, an agency publishes a direct final rule in the Federal Register along with a statement that the rule will become effective unless the agency receives significant adverse comment within a specified period. The Commission is using a direct final rule for this rulemaking because it expects the rule to be noncontroversial and because the rule removes technical requirements and imposes no requirements or costs. The Commission will continue to consider other suggestions made by commenters and may further modify part 532 at a future date. In accordance with the Paperwork Reduction Act of 1995, as amended, agencies are required to display a currently valid control number. The valid control number for this collection of information is 3072–0071. Revised estimated burdens of collection of information authorized by this direct final rule have been submitted to the Office of Management and Budget for review under section 3504(h) of the Paperwork Reduction Act of 1995, as amended. The estimated annual burden for the estimated 3548 annual respondents is $340,921. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Ronald D. Murphy, Managing Director, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573, email: OMD@fmc.gov, or fax: (202) 523–3646; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for Federal Maritime Commission, 17th Street and Pennsylvania Avenue NW., Washington, DC 20503, email: OIRASubmission@ OMB.EOP.GOV, or fax: (202) 395–5806. (b) Contain the names of the parties and the names of the representatives agreeing to the NRA; * * * * * ■ 3. Revise § 532.6 to read as follows: § 532.6 Notices. An NVOCC wishing to invoke an exemption pursuant to this part must indicate that intention to the Commission and the public by a prominent notice in its rules tariff. ■ 4. Revise § 532.7 to read as follows: § 532.7 Recordkeeping and audit. (a) An NVOCC invoking an exemption pursuant to this part must maintain original NRAs in an organized, readily accessible or retrievable manner for 5 years from the completion date of performance of the NRA by an NVOCC, in a format easily produced to the Commission. (b) NRAs are subject to inspection and reproduction requests under § 515.31(g) of this chapter. An NVOCC shall produce the requested NRAs promptly in response to a Commission request. All records produced must be in English or be accompanied by a certified English translation. (c) Failure to keep or timely produce original NRAs will disqualify an NVOCC from the operation of the exemption provided pursuant to this part, regardless of whether it has been invoked by notice as set forth above, and may result in a Commission finding of a violation of 46 U.S.C. 41104(1), 41104(2)(A) or other acts prohibited by the Shipping Act. By the Commission. Rachel E. Dickon, Assistant Secretary. [FR Doc. 2012–14005 Filed 6–7–12; 8:45 am] BILLING CODE 6730–01–P List of Subjects in 46 CFR Part 532 Exports, Non-vessel-operating common carriers, Ocean transportation intermediaries. Accordingly, the Federal Maritime Commission amends 46 CFR part 532 as follows: FEDERAL COMMUNICATIONS COMMISSION PART 532—NVOCC NEGOTIATED RATE ARRANGEMENTS Channel Spacing and Bandwidth Limitations for Certain Economic Area (EA)-based 800 MHz Specialized Mobile Radio (SMR) Licensees 1. The authority citation for part 532 continues to read as follows: pmangrum on DSK3VPTVN1PROD with RULES ■ Authority: 46 U.S.C. 40103. 2. In § 532.5, revise paragraph (b) to read as follows: ■ § 532.5 Requirements for NVOCC negotiated rate agreements. * * * VerDate Mar<15>2010 * * 14:57 Jun 07, 2012 Jkt 226001 47 CFR Part 90 [WT Docket Nos. 12–64 and 11–110; FCC 12–55] Federal Communications Commission. ACTION: Final rule. AGENCY: In this document the Commission amends its rules to allow Economic Area (EA)-based 800 MHz Specialized Mobile Radio (SMR) SUMMARY: PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 licensees to exceed a legacy channel spacing and bandwidth limitation, subject to conditions to protect 800 MHz public safety licensees from harmful interference. Licensees are permitted to exceed the channel spacing and bandwidth limitation in the 813.5–824/ 858.5–869 MHz band segment in National Public Safety Planning Advisory Committee (NPSPAC) regions where 800 MHz reconfiguration is complete. In areas where 800 MHz reconfiguration is incomplete, EA-based 800 MHz licensees only are permitted to exceed the channel spacing and bandwidth limitation in the 813.5–821/ 858.5–866 MHz band segment. Any EA-based 800 MHz SMR licensee that intends to exceed the channel spacing and bandwidth limitation of the Commission’s rules must provide 30 days written notice to public safety licensees with base stations in an affected NPSPAC region and within 113 kilometers (70 miles) of the border of an affected NPSPAC region. This rule change is necessary to allow EA-based 800 MHz SMR licensees to deploy advanced wireless services to effectively compete in the wireless marketplace. DATES: Effective July 9, 2012. FOR FURTHER INFORMATION CONTACT: Brian Regan, Mobility Division, Wireless Telecommunications Bureau, brian.regan@fcc.gov, (202) 418–2849. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Report and Order in WT Docket Nos. 12–64 and 11–110; FCC 12–55, adopted and released May 24, 2012. The full text of this document is available for inspection and copying during normal business hours in the FCC Reference Center, 445 12th Street SW., Washington, DC 20554. The complete text may be purchased from the Commission’s copy contractor, Best Copy and Printing, Inc., 445 12th Street SW., Room CY–B402, Washington, DC 20554, (202) 488–5300, facsimile (202) 488–5563, or via email at fcc@bcpiweb.com. The full text may also be downloaded at: www.fcc.gov. Alternative formats are available to persons with disabilities by sending an email to fcc504@fcc.gov or by calling the Consumer & Governmental Affairs Bureau at 202–418–0530 (voice), 202– 418–0432 (tty). Summary I. Introduction and Background 1. As part of our ongoing efforts to reduce barriers to innovation and investment in new technologies and to promote greater spectrum efficiency, we adopt this Report and Order to amend a legacy regulatory requirement in part E:\FR\FM\08JNR1.SGM 08JNR1

Agencies

[Federal Register Volume 77, Number 111 (Friday, June 8, 2012)]
[Rules and Regulations]
[Pages 33971-33972]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14005]


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FEDERAL MARITIME COMMISSION

46 CFR Part 532

[Docket No. 11-22]
RIN 3072-AC38


Non-Vessel-Operating Common Carriers Negotiated Rate 
Arrangements; Tariff Filing Exemption

AGENCY: Federal Maritime Commission.

ACTION: Direct final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: In this direct final rule, the Federal Maritime Commission is 
revising the regulations which govern negotiated rate arrangements. The 
rule eliminates some recordkeeping requirements to make them less 
burdensome.

DATES: This rule is effective September 10, 2012 without further 
action, unless significant adverse comment is received by August 10, 
2012. If adverse comment is received, the Federal Maritime Commission 
will publish a timely withdrawal of the rule in the Federal Register.

ADDRESSES: Submit comments to: Karen V. Gregory, Secretary, Federal 
Maritime Commission, 800 North Capitol Street NW., Washington, DC 
20573-0001, or email non-confidential comments to: Secretary@fmc.gov 
(email comments as attachments preferably in Microsoft Word or PDF).

FOR FURTHER INFORMATION CONTACT: Karen V. Gregory, Secretary, Federal 
Maritime Commission, 800 N. Capitol Street NW., Washington, DC 20573-
0001, (202) 523-5725, Fax (202) 523-0014, Email: Secretary@fmc.gov. 
Rebecca A. Fenneman, General Counsel, Federal Maritime Commission, 800 
N. Capitol Street NW., Washington, DC 20573-0001, (202) 523-5740, Fax 
(202) 523-5738, Email: GeneralCounsel@fmc.gov.

SUPPLEMENTARY INFORMATION:

Background

    On March 2, 2011, the Federal Maritime Commission (Commission) 
issued a final rule, promulgating 46 CFR part 532, regulations which 
govern the exemption of licensed NVOCCs from their tariff rate 
publication obligations when entering into a ``negotiated rate 
arrangement'' (NRA). Commission Docket No. 10-03, 76 FR 11351, 
effective April 18, 2011.\1\ On December 20, 2011, the Commission 
issued a Notice of Inquiry (NOI), Commission Docket No. 11-22, seeking 
comments on ways to make NRAs more useful, including the possible 
extension of the ability to offer NRAs to foreign-based NVOCCs not 
licensed by the Commission. December 27, 2011 at 76 FR 80866. The 
record in Commission Docket No. 10-03 was incorporated into Docket No. 
11-22. Comments were due by March 26, 2012. The Commission received 23 
comments. Of those 23 comments, 16 came from ocean transportation 
intermediaries; 4 from U.S. trade associations; and 3 from foreign 
trade associations. A number of the commenters suggested eliminating 
some of the technical requirements of the rule. In particular, 
commenters suggested eliminating the requirement for the shipper's 
title and address in their written assent to rates; eliminating the 
requirement that the bill of lading include a notice that a shipment is 
moving pursuant to an NRA; and eliminating the requirement that an 
NVOCC retain all associated records and written communications 
pertaining to an NRA. After consideration of these specific 
suggestions, the Commission has determined to adopt these suggestions 
and revise the regulation governing NRAs through a direct final

[[Page 33972]]

rule. In a direct final rulemaking, an agency publishes a direct final 
rule in the Federal Register along with a statement that the rule will 
become effective unless the agency receives significant adverse comment 
within a specified period. The Commission is using a direct final rule 
for this rulemaking because it expects the rule to be noncontroversial 
and because the rule removes technical requirements and imposes no 
requirements or costs. The Commission will continue to consider other 
suggestions made by commenters and may further modify part 532 at a 
future date.
---------------------------------------------------------------------------

    \1\ On April 5, 2011, the Commission published a correction to 
its final rule clarifying that NRAs must be agreed to prior to 
receipt of the cargo and removing the requirement that NVOCCs 
indicate their intention to move cargo under NRAs on their Form FMC-
1 on file with the Commission. 76 FR 19706.
---------------------------------------------------------------------------

    In accordance with the Paperwork Reduction Act of 1995, as amended, 
agencies are required to display a currently valid control number. The 
valid control number for this collection of information is 3072-0071. 
Revised estimated burdens of collection of information authorized by 
this direct final rule have been submitted to the Office of Management 
and Budget for review under section 3504(h) of the Paperwork Reduction 
Act of 1995, as amended. The estimated annual burden for the estimated 
3548 annual respondents is $340,921. Send comments regarding the burden 
estimate or any other aspect of this collection of information, 
including suggestions for reducing this burden, to Ronald D. Murphy, 
Managing Director, Federal Maritime Commission, 800 North Capitol 
Street NW., Washington, DC 20573, email: OMD@fmc.gov, or fax: (202) 
523-3646; and to the Office of Information and Regulatory Affairs, 
Office of Management and Budget, Attention: Desk Officer for Federal 
Maritime Commission, 17th Street and Pennsylvania Avenue NW., 
Washington, DC 20503, email: OIRASubmission@OMB.EOP.GOV, or fax: (202) 
395-5806.

List of Subjects in 46 CFR Part 532

    Exports, Non-vessel-operating common carriers, Ocean transportation 
intermediaries.

    Accordingly, the Federal Maritime Commission amends 46 CFR part 532 
as follows:

PART 532--NVOCC NEGOTIATED RATE ARRANGEMENTS

0
1. The authority citation for part 532 continues to read as follows:

    Authority: 46 U.S.C. 40103.


0
2. In Sec.  532.5, revise paragraph (b) to read as follows:


Sec.  532.5  Requirements for NVOCC negotiated rate agreements.

* * * * *
    (b) Contain the names of the parties and the names of the 
representatives agreeing to the NRA;
* * * * *

0
3. Revise Sec.  532.6 to read as follows:


Sec.  532.6  Notices.

    An NVOCC wishing to invoke an exemption pursuant to this part must 
indicate that intention to the Commission and the public by a prominent 
notice in its rules tariff.


0
4. Revise Sec.  532.7 to read as follows:


Sec.  532.7  Recordkeeping and audit.

    (a) An NVOCC invoking an exemption pursuant to this part must 
maintain original NRAs in an organized, readily accessible or 
retrievable manner for 5 years from the completion date of performance 
of the NRA by an NVOCC, in a format easily produced to the Commission.
    (b) NRAs are subject to inspection and reproduction requests under 
Sec.  515.31(g) of this chapter. An NVOCC shall produce the requested 
NRAs promptly in response to a Commission request. All records produced 
must be in English or be accompanied by a certified English 
translation.
    (c) Failure to keep or timely produce original NRAs will disqualify 
an NVOCC from the operation of the exemption provided pursuant to this 
part, regardless of whether it has been invoked by notice as set forth 
above, and may result in a Commission finding of a violation of 46 
U.S.C. 41104(1), 41104(2)(A) or other acts prohibited by the Shipping 
Act.

    By the Commission.
Rachel E. Dickon,
 Assistant Secretary.
[FR Doc. 2012-14005 Filed 6-7-12; 8:45 am]
BILLING CODE 6730-01-P
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