Procedure for Public Notification of Ocean Transportation Intermediary Licensing Activity, 56522-56523 [2014-22426]
Download as PDF
<![CDATA[
56522
Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Rules and Regulations
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
substances, Hazardous waste,
Intergovernmental relations, Natural
resources, Oil pollution, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Dated: September 10, 2014.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste
and Emergency Response.
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; E.O. 12580, 52 FR 2923,
3 CFR, 1987 Comp., p. 193.
2. Table 1 of Appendix B to part 300
is amended by adding entries for ‘‘North
Shore Drive’’, ‘‘Delta Shipyard’’,
‘‘Pierson’s Creek’’, ‘‘Baghurst Drive’’,
and ‘‘Jard Company, Inc.’’ in
alphabetical order by state.
The additions read as follows:
■
40 CFR part 300 is amended as
follows:
PART 300—NATIONAL OIL AND
HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN
Appendix B to Part 300—National
Priorities List
1. The authority citation for part 300
continues to read as follows:
■
TABLE 1—GENERAL SUPERFUND SECTION
Notes (a)
State
Site name
*
*
IN ................................................................
*
*
North Shore Drive ......................................
*
Elkhart.
*
*
*
*
LA ...............................................................
*
*
Delta Shipyard ...........................................
*
Houma.
*
*
*
*
NJ ...............................................................
*
*
Pierson’s Creek ..........................................
*
Newark.
*
*
*
*
PA ...............................................................
*
*
Baghurst Drive ...........................................
*
Harleysville.
*
*
*
*
VT ...............................................................
*
*
Jard Company, Inc. ....................................
*
Bennington.
*
*
*
*
*
*
*
City/County
*
*
*
*
*
*
*
Notes:
(a) A = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS score need not be greater
than or equal to 28.50).
[FR Doc. 2014–22429 Filed 9–19–14; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL MARITIME COMMISSION
46 CFR Part 515
[Docket No. 14–08]
RIN 3072–AC56
Procedure for Public Notification of
Ocean Transportation Intermediary
Licensing Activity
Federal Maritime Commission.
Direct final rule; confirmation of
effective date and response to public
comment.
AGENCY:
ACTION:
The Federal Maritime
Commission (FMC or Commission) is
confirming the effective date of the
direct final rule published on July 24,
2014, and responds to the comment
received. The rule changes the method
the Commission uses to provide public
notice of Ocean Transportation
Intermediary (OTI) license applications,
revocations and suspensions by
asabaliauskas on DSK5VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:51 Sep 19, 2014
Jkt 232001
publishing this information on the
FMC’s official public Web site rather
than publishing the same information in
the Federal Register. This change
provides more timely public notification
of official FMC action on OTI licensing
matters, simplifies the Commission’s
business processes, and reduces agency
administrative costs.
DATES: The direct final rule published
July 24, 2014, at 79 FR 42986, is
effective on September 22, 2014.
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.
SUPPLEMENTARY INFORMATION: While not
statutorily mandated, current
Commission rules require Federal
Register (FR) notice for both OTI license
applications, 46 CFR 515.12, and
revocation or suspension of OTI
licenses, 46 CFR 515.16. The
Commission has historically used the
FR to provide public notice of OTI
licensing activity long before the
emergence and wide-spread use of the
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
internet and before courts began to often
treat information on official government
Web sites as proper items for judicial
notice.
Section 19(c) of the Shipping Act, 46
U.S.C. 40903, requires that notice be
provided prior to suspension or
revocation of an OTI license. The
Administrative Procedures Act (APA), 5
U.S.C. 558, provides that an agency
must, when acting to withdraw, or
annul a license required by law, provide
notice in writing of (1) the facts or
conduct warranting the action, and (2)
opportunity for the licensee to
demonstrate compliance with the law.
Neither the APA, nor the Freedom of
Information Act, 5 U.S.C. § 552(a)(1)(A),
specify that notice must be published in
the FR. Nonetheless, current
Commission rules require FR notice for
both OTI license applications, 46 CFR
515.12, and revocation or suspension of
OTI licenses, 46 CFR 515.12.
Consequently, in the direct final rule
published July 24, 2014 (79 FR 42986)
the Commission amended its
regulations to change the method by
which it provides notice of OTI
E:\FR\FM\22SER1.SGM
22SER1
Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Rules and Regulations
asabaliauskas on DSK5VPTVN1PROD with RULES
licensing matters by publishing the
information it currently publishes in the
FR on the FMC’s public Web site.
The Commission received one
comment to the direct final rule from
UPS Ocean Freight Services, Inc., a
licensed non-vessel-operating common
carrier (NVOCC); UPS Europe SPRL, a
registered foreign NVOCC; UPS Asia
Group Pte. Ltd., a registered foreign
NVOCC; and UPS Supply Chain
Solutions, Inc., a licensed freight
forwarder (collectively ‘‘UPS’’).
UPS voiced concern that adoption of
the direct final rule and ‘‘. . . reliance
solely on a Web site, without the formal
record and archiving functions of
Federal Register notices, places the
general shipping public, and licensed or
registered OTIs in particular, at risk
when making or accepting ocean freight
bookings with shipper OTIs.’’ UPS
noted the Shipping Act requirements
contained in 46 U.S.C 41104(11) and
(12) as well as the Commission’s
regulations that prohibit accepting cargo
for transport, entering into a service
contract, or entering into arrangements
with an unlicensed person. In this
regard, UPS raised concern about
reliance on the ‘‘current [FMC] Web site
OTI listing’’ and noted that it does not
appear to be a resource like the FR that
can be researched to determine the exact
date on which the Commission took
action with respect to the status of an
OTI. UPS is concerned that ‘‘if a carrier
or forwarder is challenged by the
VerDate Sep<11>2014
16:51 Sep 19, 2014
Jkt 232001
Commission staff with respect to the
lawfulness of a particular booking
accepted from a shipper OTI, the exact
date of such shipper OTI’s licensing or
disqualification can be established with
reference to a source of which judicial
notice will be taken.’’
The Commission appreciates UPS’s
comments and concerns and addresses
those concerns by clarifying the effect of
the proposed rule. UPS’s comments
suggest that they believe adoption of
this change will result in replacing the
OTI licensing information the
Commission has historically published
in the FR solely with the information
maintained and listed on the
Commission’s Ocean Transportation
Intermediaries (OTI) List at https://
www2.fmc.gov/oti/. This is not the
Commission’s intention.
In changing its publication method
from FR publication to Web site
publication pursuant to the direct final
rule, the Commission plans to create a
new, dedicated Web page where it will
continue to publish the same OTI
licensing information that it has
historically published in the FR, i.e.,
date of application, license number,
applicant name, applicant address, type
of application, date of revocation, and
reason for revocation. The Commission
will also create new Web pages to
archive older OTI licensing activity
postings for easy reference and
historical research so the public and
particularly carriers and OTIs can
PO 00000
Frm 00047
Fmt 4700
Sfmt 9990
56523
determine the exact, official date the
Commission took an action with respect
to the licensing status of an OTI.
Therefore, the same OTI licensing
activity information that the
Commission historically published in
the FR will now be published and
searchable on the FMC’s public Web site
including archived postings.
The Commission acknowledges that
courts take judicial notice of documents
published in the FR with ease.
Information on official government Web
sites has often been treated as proper
content for judicial notice because the
nature of the material posted lends itself
to meeting the requirements under
Federal Rule of Evidence 201(b).
Paralyzed Veterans of Am. v.
McPherson, 2008 U.S. Dist. LEXIS
69542, at *16–17 (N.D. Cal. 2008).
After careful review and
consideration of UPS’s comment
submitted in response to the direct final
rule, the Commission has determined
that no further rulemaking action is
necessary. Therefore, the direct final
rule published July 24, 2014 (79 FR
42986) will become effective as
scheduled on September 22, 2014.
By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2014–22426 Filed 9–19–14; 8:45 am]
BILLING CODE 6730–01–P
E:\FR\FM\22SER1.SGM
22SER1
]]>Agencies
[Federal Register Volume 79, Number 183 (Monday, September 22, 2014)]
[Rules and Regulations]
[Pages 56522-56523]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22426]
=======================================================================
-----------------------------------------------------------------------
FEDERAL MARITIME COMMISSION
46 CFR Part 515
[Docket No. 14-08]
RIN 3072-AC56
Procedure for Public Notification of Ocean Transportation
Intermediary Licensing Activity
AGENCY: Federal Maritime Commission.
ACTION: Direct final rule; confirmation of effective date and response
to public comment.
-----------------------------------------------------------------------
SUMMARY: The Federal Maritime Commission (FMC or Commission) is
confirming the effective date of the direct final rule published on
July 24, 2014, and responds to the comment received. The rule changes
the method the Commission uses to provide public notice of Ocean
Transportation Intermediary (OTI) license applications, revocations and
suspensions by publishing this information on the FMC's official public
Web site rather than publishing the same information in the Federal
Register. This change provides more timely public notification of
official FMC action on OTI licensing matters, simplifies the
Commission's business processes, and reduces agency administrative
costs.
DATES: The direct final rule published July 24, 2014, at 79 FR 42986,
is effective on September 22, 2014.
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.
SUPPLEMENTARY INFORMATION: While not statutorily mandated, current
Commission rules require Federal Register (FR) notice for both OTI
license applications, 46 CFR 515.12, and revocation or suspension of
OTI licenses, 46 CFR 515.16. The Commission has historically used the
FR to provide public notice of OTI licensing activity long before the
emergence and wide-spread use of the internet and before courts began
to often treat information on official government Web sites as proper
items for judicial notice.
Section 19(c) of the Shipping Act, 46 U.S.C. 40903, requires that
notice be provided prior to suspension or revocation of an OTI license.
The Administrative Procedures Act (APA), 5 U.S.C. 558, provides that an
agency must, when acting to withdraw, or annul a license required by
law, provide notice in writing of (1) the facts or conduct warranting
the action, and (2) opportunity for the licensee to demonstrate
compliance with the law. Neither the APA, nor the Freedom of
Information Act, 5 U.S.C. Sec. 552(a)(1)(A), specify that notice must
be published in the FR. Nonetheless, current Commission rules require
FR notice for both OTI license applications, 46 CFR 515.12, and
revocation or suspension of OTI licenses, 46 CFR 515.12.
Consequently, in the direct final rule published July 24, 2014 (79
FR 42986) the Commission amended its regulations to change the method
by which it provides notice of OTI
[[Page 56523]]
licensing matters by publishing the information it currently publishes
in the FR on the FMC's public Web site.
The Commission received one comment to the direct final rule from
UPS Ocean Freight Services, Inc., a licensed non-vessel-operating
common carrier (NVOCC); UPS Europe SPRL, a registered foreign NVOCC;
UPS Asia Group Pte. Ltd., a registered foreign NVOCC; and UPS Supply
Chain Solutions, Inc., a licensed freight forwarder (collectively
``UPS'').
UPS voiced concern that adoption of the direct final rule and ``. .
. reliance solely on a Web site, without the formal record and
archiving functions of Federal Register notices, places the general
shipping public, and licensed or registered OTIs in particular, at risk
when making or accepting ocean freight bookings with shipper OTIs.''
UPS noted the Shipping Act requirements contained in 46 U.S.C 41104(11)
and (12) as well as the Commission's regulations that prohibit
accepting cargo for transport, entering into a service contract, or
entering into arrangements with an unlicensed person. In this regard,
UPS raised concern about reliance on the ``current [FMC] Web site OTI
listing'' and noted that it does not appear to be a resource like the
FR that can be researched to determine the exact date on which the
Commission took action with respect to the status of an OTI. UPS is
concerned that ``if a carrier or forwarder is challenged by the
Commission staff with respect to the lawfulness of a particular booking
accepted from a shipper OTI, the exact date of such shipper OTI's
licensing or disqualification can be established with reference to a
source of which judicial notice will be taken.''
The Commission appreciates UPS's comments and concerns and
addresses those concerns by clarifying the effect of the proposed rule.
UPS's comments suggest that they believe adoption of this change will
result in replacing the OTI licensing information the Commission has
historically published in the FR solely with the information maintained
and listed on the Commission's Ocean Transportation Intermediaries
(OTI) List at https://www2.fmc.gov/oti/. This is not the Commission's
intention.
In changing its publication method from FR publication to Web site
publication pursuant to the direct final rule, the Commission plans to
create a new, dedicated Web page where it will continue to publish the
same OTI licensing information that it has historically published in
the FR, i.e., date of application, license number, applicant name,
applicant address, type of application, date of revocation, and reason
for revocation. The Commission will also create new Web pages to
archive older OTI licensing activity postings for easy reference and
historical research so the public and particularly carriers and OTIs
can determine the exact, official date the Commission took an action
with respect to the licensing status of an OTI. Therefore, the same OTI
licensing activity information that the Commission historically
published in the FR will now be published and searchable on the FMC's
public Web site including archived postings.
The Commission acknowledges that courts take judicial notice of
documents published in the FR with ease. Information on official
government Web sites has often been treated as proper content for
judicial notice because the nature of the material posted lends itself
to meeting the requirements under Federal Rule of Evidence 201(b).
Paralyzed Veterans of Am. v. McPherson, 2008 U.S. Dist. LEXIS 69542, at
*16-17 (N.D. Cal. 2008).
After careful review and consideration of UPS's comment submitted
in response to the direct final rule, the Commission has determined
that no further rulemaking action is necessary. Therefore, the direct
final rule published July 24, 2014 (79 FR 42986) will become effective
as scheduled on September 22, 2014.
By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2014-22426 Filed 9-19-14; 8:45 am]
BILLING CODE 6730-01-P
