Service Contracts, 8527-8531 [2020-02561]
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Federal Register / Vol. 85, No. 31 / Friday, February 14, 2020 / Proposed Rules
point midway between the tricuspid
valve and the apex, and the left
ventricle must be measured directly
above the insertion of the anterior
papillary muscle;
(5) Size, number, consistency,
location, description and other relevant
details of all lesions of the lungs;
(6) Level of the diaphragm;
(7) From each type of suspected
pneumoconiotic lesion, representative
microscopic slides stained with
hematoxylin eosin or other appropriate
stain, and one formalin fixed, paraffinimpregnated block of tissue; a minimum
of three stained slides and three blocks
of tissue must be submitted. When no
such lesion is recognized, similar
material must be submitted from three
separate areas of the lungs selected at
random; a minimum of three stained
slides and three formalin fixed, paraffinimpregnated blocks of tissue must be
submitted.
(c) Needle biopsy techniques will not
be accepted.
■ 6. Revise § 37.204 to read as follows:
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§ 37.204
Procedure for obtaining payment.
(a) Prior to performing an autopsy, the
pathologist must obtain written
authorization from NIOSH and
agreement regarding payment amount
for services specified in § 37.202(a) by
submitting an Authorization for
Payment of Autopsy (form CDC
#0.1585).
(1) NIOSH will maintain up-to-date
information about the availability of
payments on its website. If payments are
not available, the online Authorization
of Payment for Autopsy form will not be
active and available for completion on
the NIOSH website.
(2) After receiving a completed
authorization request form, NIOSH will
reply in writing with an authorization
determination within 3 working days.
(b) After performance of an autopsy,
each claim for payment under this
subpart must be submitted to NIOSH
and must include:
(1) An invoice (in duplicate) on the
pathologist’s letterhead or billhead
indicating the date of autopsy, the
amount of the claim and a signed
statement that the pathologist is not
receiving any other specific
compensation for the autopsy from the
miner’s widow/widower, his/her
surviving next-of-kin, the estate of the
miner, or any other source.
(2) Completed Consent, Release and
History Form for Autopsy (CDC/NIOSH
(M)2.6). This form may be completed
with the assistance of the pathologist,
attending physician, family physician,
or any other responsible person who can
provide reliable information.
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(3) Report of autopsy:
(i) The information, slides, and blocks
of tissue required by this subpart.
(ii) Clinical abstract of terminal illness
and other data that the pathologist
determines is relevant.
(iii) Final summary, including final
anatomical diagnoses, indicating
presence or absence of simple and
complicated pneumoconiosis, and
correlation with clinical history if
indicated.
Dated: January 10, 2020.
Alex M. Azar II
Secretary, Department of Health and Human
Services.
[FR Doc. 2020–02705 Filed 2–13–20; 8:45 am]
BILLING CODE 4163–218–P
FEDERAL MARITIME COMMISSION
46 CFR Part 530
[Docket No. 20–02]
RIN 3072–AC80
Service Contracts
Federal Maritime Commission.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Federal Maritime
Commission (FMC or Commission)
proposes to amend its rules governing
Service Contracts. The proposed rule is
intended to reduce regulatory burden.
DATES: Submit comments on or before:
April 14, 2020.
In compliance with the Paperwork
Reduction Act, the Commission is also
seeking comment on revisions to one
information collections. See the
Paperwork Reduction Act section under
Regulatory Analyses and Notices below.
Please submit all comments relating to
the revised information collections to
the Commission and to the Office of
Management and Budget (OMB) at the
address listed in the ADDRESSES section
on or before April 14, 2020. Comments
to OMB are most useful if submitted
within 30 days of publication.
ADDRESSES: You may submit comments
identified by the Docket No. 20–02 in
the heading of this document, by the
following methods:
• Email: secretary@fmc.gov. Include
in the subject line: ‘‘Docket No. 20–02,
Comments on Proposed Service
Contract Regulations.’’ Comments
should be attached to the email as a
Microsoft Word or text-searchable PDF
document. Comments containing
confidential information should not be
submitted by email.
• Mail: Rachel E. Dickon, Secretary,
Federal Maritime Commission, 800
SUMMARY:
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8527
North Capitol Street NW, Washington,
DC 20573–0001. Phone: (202) 523–5725.
Email: secretary@fmc.gov.
• Comments regarding the revised
information collections should be
submitted to the Commission through
one of the preceding methods and a
copy should also be sent to the Office
of Information and Regulatory Affairs,
Office of Management and Budget,
Attention: Desk Officer for Federal
Maritime Commission, 725 17th Street
NW, Washington, DC 20503; by Fax:
(202) 395–5167; or by email: OIRA_
Submission@OMB.EOP.GOV.
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 Commission’s website, unless the
commenter has requested confidential
treatment.
Docket: For access to the docket to
read background documents or
comments received, go to the
Commission’s Electronic Reading Room
at: https://www2.fmc.gov/readingroom/
proceeding/20-02/, or to the Docket
Activity Library at 800 North Capitol
Street NW, Washington, DC 20573, 9:00
a.m. to 5:00 p.m., Monday through
Friday, except Federal holidays.
Telephone: (202) 523–5725.
FOR FURTHER INFORMATION CONTACT: For
questions regarding submitting
comments or the treatment of
confidential information, contact Rachel
E. Dickon, Secretary. Phone: (202) 523–
5725. Email: secretary@fmc.gov. For
technical questions, contact Florence A.
Carr, Director, Bureau of Trade
Analysis, Federal Maritime
Commission, 800 North Capitol Street
NW, Washington, DC 20573–0001.
Phone: (202) 523–5796. Email:
TradeAnalysis@fmc.gov.
SUPPLEMENTARY INFORMATION:
Introduction
On September 18, 2018, the Federal
Maritime Commission (FMC or
Commission) issued a Notice of Filing
and Request for Comments to obtain
public comments on Petition No. P3–18,
the petition of the World Shipping
Council (WSC), (Petitioner) pursuant to
46 CFR 502.92 ‘‘. . . for an exemption
from service contract filing and essential
terms publication requirements set forth
at 46 U.S.C 40502(b) and (d),
respectively . . .’’ Petitioner further
petitions the Commission for the
initiation of a rulemaking proceeding to
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amend its service contract regulations
set forth at 46 CFR part 530 in a manner
consistent with the requested
exemption.
Comments were received in support
of WSC’s petition from Atlantic
Container Line, AB (ACL); the National
Industrial Transportation League
(NITL); and the Caribbean Shipowners
Association (CSO). Frankford Candy
LLC (Frankford) and Wheaton Grain Inc.
(Wheaton) filed comments opposing the
petition.
On December 20, 2019, the
Commission issued an order denying in
part and granting in part the petition.
Specifically, the Commission denied
WSC’s request for an exemption from
the requirement in 46 U.S.C. 40502(b)
that ocean common carriers file service
contracts with the Commission. Pet’n of
the World Shipping Council for an
Exemption from Certain Provisions of
the Shipping Act of 1984, as amended,
and for a Rulemaking Proceeding, Pet.
No. P3–18, slip op., (FMC Dec. 20, 2019)
(P3–18 Order). In contrast, the
Commission granted WSC’s request for
an exemption from the requirement in
§ 40502(d) that carriers publish ETs
with each service contract, determining
that an exemption from § 40502(d)
would not result in a substantial
reduction in competition or be
detrimental to commerce. Id. The
Commission also determined to initiate
a rulemaking to implement the ET
publication exemption. Id.
The Commission is therefore
proposing to amend its regulations in
part 530 in accordance with the P3–18
Order and requests comment on the
proposed changes. The Commission
emphasizes that the scope of this
rulemaking is limited to amending part
530 in line with the Commission’s
decision. The merits of WSC’s petition
and the Commission’s findings in the
P3–18 Order are outside the scope of
this rulemaking.
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Background
The Shipping Act of 1984 (the
Shipping Act or the Act) introduced the
option for liner services to be priced via
negotiated service contracts between
ocean common carriers and their
shipper customers, rather than solely by
public tariffs. Pursuant to the Shipping
Act and FMC regulations, ocean freight
rates, surcharges, and accessorial
charges had to be published in tariffs, or
agreed to via a service contract filed
with the Commission.
Contemporaneous with the filing of
service contracts, ocean carriers were
required to make publicly available a
statement of the essential terms (ET) of
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the service contract, including the linehaul rate, in tariff format.
The Ocean Shipping Reform Act of
1998 (OSRA) amended the Shipping Act
of 1984 to eliminate the requirement
that service contract rates be published
in the carrier’s public tariff. Public Law
105–258, 106. One of the primary
impacts of OSRA was to render service
contract rates confidential, and thus no
longer available to ocean carriers and
shippers as carrier pricing information.
In addition, similarly situated shippers
could no longer utilize the rates and
terms of published service contracts.
Subsequent to OSRA, the ET
publication has been limited to: origin
and destination port ranges,
commodities, minimum volume or
portion, and duration. The deletion of
rates from the scope of the ET
publication protected U.S. exporters
from their foreign competitors who
would be able to ascertain proprietary
business information from these
publicly available essential terms. At
the same time, the ET publication was
also no longer useful either to shippers
in contract negotiations with carriers, or
among carriers as a tool in potential
pricing coordination.
Discussion
As explained in the P3–18 Order, the
Commission’s experience indicates that
the publication of Statements of
Essential Terms corresponding to
individual service contracts is of
questionable value. No commenters
claimed a use for these publications, nor
does the Commission use them in-house
inasmuch as the Commission has the
ability to access complete service
contracts, including rate matrices and
contract terms.
In determining how to best implement
the determination to exempt carriers
from the ET publication requirements in
46 U.S.C. 40502(d), the Commission
notes that § 40502(d) and the
Commission’s regulations at 46 CFR
530.12 require that carriers publish
concise Statements of Essential Terms
corresponding to individual service
contracts in tariff format. In addition to
the required Statements of Essential
Terms, carriers often include in their ET
tariff rules and notices that generally
apply to all service contracts. An ocean
carrier’s ET tariff may therefore
comprise two components: (1) Tariff
rules and notices that generally apply to
all service contracts; and (2) the
required concise Statements of Essential
Terms corresponding to individual
service contracts.
The general tariff rules and notices are
rarely amended once initially
published. Indeed, there are significant
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benefits to publishing a ‘‘blanket’’ rule
or notice in the carrier’s ET tariff that
applies to most, or all, service contracts,
thereby eliminating the potential need
to periodically amend hundreds of
individual service contracts. In contrast,
a Statement of Essential Terms is
published in the carrier’s tariff when
each new service contract is
confidentially filed, and typically must
be reviewed by the tariff publisher each
time a contract is amended, whether or
not it is ultimately determined that the
public terms must be updated. In some
cases, the Statement of Essential Terms
is continuously updated to keep the ET
amendment number in sync with the
contract amendment number.
Although the Commission has
determined to exempt carriers from the
requirement that they publish
Statements of Essential Terms for
individual service contracts, the
Commission wants to ensure that
carriers continue to publish generally
applicable service contract tariff rules
and notices. The Commission therefore
proposes to replace the requirement in
§ 530.12 that carriers publish Statements
of Essential Terms for individual service
contracts with a requirement that
carriers publish general service contract
rules and notices as a separate part of
the individual carrier’s automated tariff
system. The Commission is also
proposing changes to a number of other
sections in part 530 to reflect the
elimination of the Statement of Essential
Terms publication requirements.
Finally, the Commission proposes to
correct in part 530 outdated references
to FMC bureaus and offices, as well as
correct an outdated reference to a
Department of Defense Command.
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. Only non-confidential and
public versions of confidential
comments should be submitted by
email.
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You may also submit comments by
mail to the address listed above under
ADDRESSES.
How do I submit confidential business
information?
The Commission will provide
confidential treatment for identified
confidential information to the extent
allowed by law. If your comments
contain confidential information, you
must submit the following by mail 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. You should submit the
confidential copy to the Commission by
mail.
• A public version of your comments
with the confidential information
excluded. The public version must state
‘‘Public Version—confidential materials
excluded’’ on the cover page and on
each affected page, and must clearly
indicate any information withheld. You
may submit the public version to the
Commission by email or mail.
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 Commission’s
Electronic Reading Room or the Docket
Activity Library at the addresses listed
above under ADDRESSES.
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Regulatory Notices and Analysis
Regulatory Flexibility Act
The Regulatory Flexibility Act, 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
describing the impact of the proposed
rule on small entities, unless the head
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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. Accordingly, the Chairman of the
Federal Maritime Commission certifies
that the proposed rule, if promulgated,
will not have a significant impact on a
substantial number of small entities.
The regulated business entities that
would be impacted by the rule are
vessel-operating common carriers
(VOCCs). The Commission has
determined that VOCCs 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.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3521) (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 in Part 530, Service
Contracts, are currently authorized
under OMB Control Number 3072–0065.
If approved, this rule would eliminate
for VOCCs the publication of concise
statements of essential terms in their
carrier automated tariff systems. The
proposed rule would require VOCCs to
continue their general practice of
publishing service contract rules and
notices in their carrier automated tariff
systems. The proposed rule does not
make any changes to the requirement to
file service contracts with the
Commission.
As background, of the 155 vesseloperating common carriers serving the
U.S. trades, 68 do not file service
contracts with the Commission, and
thus would not be impacted by this
rulemaking. Further, of the 87 carriers
that file service contracts, 31 filed less
than ten contracts or amendments thus
far in FY 2019, with ten of those only
filing 1 contract this fiscal year. Among
VOCCs that utilize service contracts
more extensively as a pricing
mechanism, only 31 filed over 100
original contracts this fiscal year.
With respect to the cost savings
associated with eliminating the
publication of statements of essential
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8529
terms corresponding to original service
contracts and amendments, the
Commission estimates the savings to
VOCCs as roughly 41,048 man-hours,
for an approximate savings of
$1,987,133 annually.1 Service contract
rules and notices in carrier automated
tariff systems, on the other hand, are
rarely published or revised, inasmuch as
they govern a broad swath of carrier
contracts, and many times are intended
to quickly and efficiently address an ad
hoc industry situation.2 Thus, in any
given year, there may be no new service
contract rules or notices published in a
carrier’s automated tariff system. The
Commission observes that the benefit of
maintaining rules and notices which
allow a carrier to avoid revising
hundreds of service contracts greatly
outweighs the burden of publishing
such a notice. The Commission invites
comment on this.
Regarding the burden associated with
the filing of service contracts with the
Commission, a substantial majority of
filers, 74 percent, have recognized
greater efficiencies by automating their
service contract filing processes using
the Commission’s ‘‘web services’’
automated filing system. Using FY 2018
figures, BTA staff estimates the
remaining burden associated with
service contract filing to be roughly
3,542 man-hours, or $402,088
annually.3 Inclusive of the burden
1 The Commission’s previous service contract
rulemaking in Docket No. 16–05 estimated the time
associated with preparation of an individual ET
publication as 3 minutes. No commenters opposed
that estimate. More recently, BTA informally
interviewed two major tariff publishers that file
service contracts and publish ETs for multiple
VOCCs. These tariff publishers estimated the time
required to prepare an ET to be 3 to 6 minutes. The
larger of the two tariff publishers reported that their
3-minute preparation time was due to its
proprietary technological efficiencies. The abovereferenced savings are based on the 3-minute
preparation time estimate, using the Commission’s
most recent fiscal year’s filing statistics for new
contracts and amendments. In FY 2018, 47,962 new
service contracts and 772,803 amendments were
filed.
2 As one example, a major ocean carrier published
a blanket notice in its ET tariff applying to
hundreds of its service contracts when it deployed
an extra loader vessel to meet unexpected shipper
demand. This notice allowed existing contract rates
applying to a specifically named service string to
also apply to cargo moving on the extra loader
vessel, thereby eliminating the VOCC’s burden of
amending hundreds of service contracts.
3 In the Commission’s previous service contract
rulemaking in Docket No. 16–05, each service
contract filing (new or amendment) was estimated
to take 3 minutes. Since that rulemaking, carriers
and tariff publishers comprising the highest volume
service contract filers have continued automating
their filing processes. Filers that implemented the
Commission’s ‘‘web services’’ automated filing
process have advised that minimal software
programming was required to facilitate the
automated upload of service contracts and
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associated with the Service Contract
Rules Publication requirement,4 the
entire burden associated with this
information collection is calculated as
$3,482,351 for contract filers, a
substantial reduction.
In compliance with the PRA, the
Commission has submitted the
proposed revised information collection
to the Office of Management and
Budget.
Comments are invited on:
• Whether the collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information will have practical utility;
• Whether the Commission’s estimate
for the burden of the information
collection is accurate;
• Ways to enhance the quality, utility,
and clarity of the information to be
collected;
• Ways to minimize the burden of the
collection of information on
respondents, including the use of
automated collection techniques or
other forms of information technology.
Please submit any comments,
identified by the docket number in the
heading of this document, by any of the
methods described in the ADDRESSES
section of this document.
Proposed Rule
For the reasons stated in the
supplementary information, the Federal
Maritime Commission proposes to
amend 46 CFR part 530 as follows:
List of Subjects in 46 CFR Part 530
Freight, Maritime carriers, Report and
recordkeeping requirements.
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*
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(d) Every service contract filed with
BTA shall include, as set forth in
appendix A to this part by:
*
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§ 530.10
Authority: 5 U.S.C. 553; 46 U.S.C. 305,
40301–40306, 40501–40503, 41307.
2. Amend § 530.1 by revising the first
sentence to read as follows:
■
§ 530.3
Purpose
Definitions.
*
*
*
*
*
(d) BTA means the Commission’s
Bureau of Trade Analysis or its
successor bureau.
*
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*
*
(o) OIT means the Commission’s
Office of Information Technology.
*
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■ 4. Amend § 530.5 by revising
paragraphs (a) and (c)(1) to read as
follows:
§ 530.5
Duty to file.
(a) The duty under this part to file
service contracts, amendments, and
notices shall be upon the individual
carrier party or parties participating or
eligible to participate in the service
contract.
*
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*
*
*
(c) * * *
(1) Application. Authority to file or
delegate the authority to file must be
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[Amended]
6. Amend § 530.10 by removing
paragraph (f).
■ 7. Revise subpart C heading to read as
follows.
■
Subpart C—Publication of Essential
Terms
8. Revise § 530.12 to read as follows:
§ 530.12
The Commission’s regulations
categorically exclude certain
rulemakings from any requirement to
prepare an environmental assessment or
an environmental impact statement
because they do not increase or decrease
air, water or noise pollution or the use
of fossil fuels, recyclables, or energy. 46
CFR 504.4. The proposed rule amends
the requirements related to the
publication of essential terms associated
with service contracts. This rulemaking
thus falls within the categorical
exclusion for actions related to the
receipt service contracts (§ 504.4(a)(5)).
Therefore, no environmental assessment
or environmental impact statement is
required.
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Service Contracts.
*
1. The authority citation for part 530
continues to read as follows:
■
The purpose of this part is to facilitate
the filing of service contracts as required
by section 8(c) of the Shipping Act of
1984 (‘‘the Act’’) (46 U.S.C. 40502).
* * *
■ 3. Amend § 530.3 by revising
paragraphs (d) and (o) and removing
paragraph (s) to read as follows:
amendments. Once automated, contract data can be
transmitted into SERVCON in a matter of seconds,
without need for human intervention.
4 In our OMB filing related to this Information
Collection, the burden of maintaining service
contract rules and notices is estimated at 87 hours.
§ 530.8
■
§ 530.1
This rule meets the applicable
standards in E.O. 12988 titled, ‘‘Civil
Justice Reform,’’ to minimize litigation,
eliminate ambiguity, and reduce
burden.
requested by a responsible official of the
service contract carrier in writing by
submitting to BTA the Registration
Form (FMC–83) in Exhibit 1 to this part.
*
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*
■ 5. Amend § 530.8 by revising
paragraph (d) introductory text and
removing paragraph (d)(4) to read as
follows:
PART 530—SERVICE CONTRACTS
National Environmental Policy Act
Executive Order 12988 (Civil Justice
Reform)
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Regulation Identifier Number
The Commission assigns a regulation
identifier number (RIN) to each
regulatory action listed in the Unified
Agenda of Federal Regulatory and
Deregulatory Actions (Unified Agenda).
The Regulatory Information Service
Center publishes the Unified Agenda in
April and October of each year. You
may use the RIN contained in the
heading at the beginning of this
document to find this action in the
Unified Agenda, at https://
www.reginfo.gov/public/do/
eAgendaMain.
Rules and Notices.
(a) Location—(1) Generally. A
statement of service contract rules and
notices shall be published as a separate
part of the individual ocean common
carrier’s automated tariff system.
(2) Multi-party service contracts. For
service contracts in which more than
one carrier participates or is eligible to
participate, the statement of service
contract rules and notices shall be
published:
(i) If the service contract is entered
into under the authority of a conference
agreement, then in that conference’s
automated tariff system;
(ii) If the service contract is entered
into under the authority of a nonconference agreement, then in each of
the participating or eligible-toparticipate carriers’ individual
automated tariff systems, clearly
indicating the relevant FMC-assigned
agreement number.
(b) Certainty of terms. The statement
of service contract rules and notices
described in paragraph (a) of this
section may not:
(1) Be uncertain, vague, or ambiguous;
or
(2) Make reference to terms not
explicitly detailed in the statement of
service contract rules and notices,
unless those terms are contained in a
publication widely available to the
public and well known within the
industry.
(c) Agents. Common carriers,
conferences, or agreements may use
agents to meet their publication
requirements under this part.
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(d) Commission listing. The
Commission will publish on its website,
www.fmc.gov, a listing of the locations
of all service contract rules and notices.
■ 9. Amend § 530.13 by revising
paragraph (b)(2) to read as follows:
§ 530.13
Exceptions and exemptions.
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(b) * * *
(2) Department of Defense cargo.
Transportation of U.S. Department of
Defense cargo moving in foreign
commerce under terms and conditions
negotiated and approved by the Surface
Deployment and Distribution Command
and published in a universal service
contract. An exact copy of the universal
service contract, including any
amendments thereto, shall be filed with
the Commission as soon as it becomes
available.
*
*
*
*
*
■ 10. Amend § 530.15 by revising
paragraph (c) to read as follows:
§ 530.15
Recordkeeping and audit.
*
*
*
*
*
(c) Production for audit within 30
days of request. Every carrier or
agreement shall, upon written request of
the FMC’s Director, Bureau of
Enforcement, any Area Representative
or the Director, Bureau of Trade
Analysis, submit copies of requested
original service contracts or their
associated records within thirty (30)
days of the date of the request.
*
*
*
*
*
Appendix A to Part 530 [Amended]
■ 11. In Appendix A revise all
references to ‘‘BTCL’’ to read ‘‘BTA’’
and revise all references to ‘‘OIRM’’ to
read ‘‘OIT’’.
By the Commission.
Rachel Dickon,
Secretary.
[FR Doc. 2020–02561 Filed 2–13–20; 8:45 am]
BILLING CODE 6731–AA–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 0 and 64
khammond on DSKJM1Z7X2PROD with PROPOSALS
[EB Docket No. 20–22; FCC 20–11; FRS
16480]
Implementing the Pallone-Thune
Telephone Robocall Abuse Criminal
Enforcement and Deterrence Act
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the
Commission proposes rules to
SUMMARY:
VerDate Sep<11>2014
16:35 Feb 13, 2020
Jkt 250001
implement the Pallone-Thune
Telephone Robocall Abuse Criminal
Enforcement and Deterrence Act
(TRACED Act) to establish a registration
process for the registration of a single
consortium that conducts private-led
efforts to trace back the origin of
suspected unlawful robocalls.
DATES: Comments are due on or before
February 24, 2020 and reply comments
are due on or before March 2, 2020.
ADDRESSES: You may submit comments,
identified by EB Docket No. 20–22, by
any of the following methods:
• Electronic Filers: Comments may be
filed electronically using the internet by
accessing the ECFS: https://apps.fcc.gov/
ecfs2/.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. If more than one
docket or rulemaking number appears in
the caption of this proceeding, filers
must submit two additional copies for
each additional docket or rulemaking
number.
Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• All hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th St. SW, Room TW–A325,
Washington, DC 20554. The filing hours
are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with
rubber bands or fasteners. Any
envelopes and boxes must be disposed
of before entering the building.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.
• U.S. Postal Service first class,
Express, and Priority mail must be
addressed to 445 12th Street SW,
Washington, DC 20554.
People with Disabilities: Contact the
FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by email: FCC504@fcc.gov
or phone: 202–418–0530 or TTY: 202–
418–0432.
FOR FURTHER INFORMATION CONTACT: For
additional information on this
proceeding, contact Sonja Rifken of the
Telecommunications Consumers
Division, Enforcement Bureau, at
Sonja.Rifken@fcc.gov or (202) 418–1730.
PO 00000
Frm 00050
Fmt 4702
Sfmt 4702
8531
This is a
summary of the Commission’s Notice of
Proposed Rulemaking, FCC 20–11, EB
Docket No. 20–22, adopted on February
5, 2020 and released on February 6,
2020. The full text of this document is
available for public inspection during
regular business hours in the FCC
Reference Center, 445 12th Street SW,
Room CY–A257, Washington, DC 20554,
or online at https://docs.fcc.gov/public/
attachments/FCC-20-11A1.pdf. To
request this document in accessible
formats for people with disabilities (e.g.,
Braille, large print, electronic files,
audio format, etc.) or to request
reasonable accommodations (e.g.,
accessible format documents, sign
language interpreters, CART, etc.), send
an email to fcc504@fcc.gov or call the
FCC’s Consumer and Governmental
Affairs Bureau at (202) 418–0530
(voice), (202) 418–0432 (TTY).
SUPPLEMENTARY INFORMATION:
Synopsis
1. In this Notice of Proposed
Rulemaking (NPRM), the Federal
Communications Commission
(Commission) proposes to implement
section 13(d) of the Pallone-Thune
Telephone Robocall Abuse Criminal
Enforcement Act (TRACED Act).
Unlawful prerecorded voice message
calls—robocalls—plague the American
public. Despite the Commission’s efforts
to combat unlawful robocalls, which
includes efforts to trace unlawful
spoofed robocalls to their origination—
a process known as traceback—these
calls persist. Congress recognized the
continued problem and enacted the
TRACED Act to further aid the
Commission’s efforts. Congress
acknowledged the beneficial
collaboration between the Commission
and the private sector on traceback
issues and, in section 13(d) of the
TRACED Act, required the Commission
to issue rules for the registration of a
single consortium that conducts privateled efforts to trace back the origin of
suspected unlawful robocalls.
2. The Commission proposes rules to
implement a simple registration process.
First, we propose that the Enforcement
Bureau issue an annual public notice
seeking registration of a single
consortium that conducts private-led
efforts to trace back the origin of
suspected unlawful robocalls. The
Enforcement Bureau would issue the
public notice no later than April 28 this
year, as required by the TRACED Act,
and by that date annually thereafter. We
invite comment on this proposal.
3. Second, we propose to require an
entity that plans to register as the
consortium for private-led traceback
efforts to submit in this docket a letter
E:\FR\FM\14FEP1.SGM
14FEP1
]]>Agencies
[Federal Register Volume 85, Number 31 (Friday, February 14, 2020)]
[Proposed Rules]
[Pages 8527-8531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02561]
=======================================================================
-----------------------------------------------------------------------
FEDERAL MARITIME COMMISSION
46 CFR Part 530
[Docket No. 20-02]
RIN 3072-AC80
Service Contracts
AGENCY: Federal Maritime Commission.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Federal Maritime Commission (FMC or Commission) proposes
to amend its rules governing Service Contracts. The proposed rule is
intended to reduce regulatory burden.
DATES: Submit comments on or before: April 14, 2020.
In compliance with the Paperwork Reduction Act, the Commission is
also seeking comment on revisions to one information collections. See
the Paperwork Reduction Act section under Regulatory Analyses and
Notices below. Please submit all comments relating to the revised
information collections to the Commission and to the Office of
Management and Budget (OMB) at the address listed in the ADDRESSES
section on or before April 14, 2020. Comments to OMB are most useful if
submitted within 30 days of publication.
ADDRESSES: You may submit comments identified by the Docket No. 20-02
in the heading of this document, by the following methods:
Email: [email protected]. Include in the subject line:
``Docket No. 20-02, Comments on Proposed Service Contract
Regulations.'' Comments should be attached to the email as a Microsoft
Word or text-searchable PDF document. Comments containing confidential
information should not be submitted by email.
Mail: Rachel E. Dickon, Secretary, Federal Maritime
Commission, 800 North Capitol Street NW, Washington, DC 20573-0001.
Phone: (202) 523-5725. Email: [email protected].
Comments regarding the revised information collections
should be submitted to the Commission through one of the preceding
methods and a copy should also be sent to the Office of Information and
Regulatory Affairs, Office of Management and Budget, Attention: Desk
Officer for Federal Maritime Commission, 725 17th Street NW,
Washington, DC 20503; by Fax: (202) 395-5167; or by email:
[email protected].
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
Commission's website, unless the commenter has requested confidential
treatment.
Docket: For access to the docket to read background documents or
comments received, go to the Commission's Electronic Reading Room at:
https://www2.fmc.gov/readingroom/proceeding/20-02/, or to the Docket
Activity Library at 800 North Capitol Street NW, Washington, DC 20573,
9:00 a.m. to 5:00 p.m., Monday through Friday, except Federal holidays.
Telephone: (202) 523-5725.
FOR FURTHER INFORMATION CONTACT: For questions regarding submitting
comments or the treatment of confidential information, contact Rachel
E. Dickon, Secretary. Phone: (202) 523-5725. Email: [email protected].
For technical questions, contact Florence A. Carr, Director, Bureau of
Trade Analysis, Federal Maritime Commission, 800 North Capitol Street
NW, Washington, DC 20573-0001. Phone: (202) 523-5796. Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Introduction
On September 18, 2018, the Federal Maritime Commission (FMC or
Commission) issued a Notice of Filing and Request for Comments to
obtain public comments on Petition No. P3-18, the petition of the World
Shipping Council (WSC), (Petitioner) pursuant to 46 CFR 502.92 ``. . .
for an exemption from service contract filing and essential terms
publication requirements set forth at 46 U.S.C 40502(b) and (d),
respectively . . .'' Petitioner further petitions the Commission for
the initiation of a rulemaking proceeding to
[[Page 8528]]
amend its service contract regulations set forth at 46 CFR part 530 in
a manner consistent with the requested exemption.
Comments were received in support of WSC's petition from Atlantic
Container Line, AB (ACL); the National Industrial Transportation League
(NITL); and the Caribbean Shipowners Association (CSO). Frankford Candy
LLC (Frankford) and Wheaton Grain Inc. (Wheaton) filed comments
opposing the petition.
On December 20, 2019, the Commission issued an order denying in
part and granting in part the petition. Specifically, the Commission
denied WSC's request for an exemption from the requirement in 46 U.S.C.
40502(b) that ocean common carriers file service contracts with the
Commission. Pet'n of the World Shipping Council for an Exemption from
Certain Provisions of the Shipping Act of 1984, as amended, and for a
Rulemaking Proceeding, Pet. No. P3-18, slip op., (FMC Dec. 20, 2019)
(P3-18 Order). In contrast, the Commission granted WSC's request for an
exemption from the requirement in Sec. 40502(d) that carriers publish
ETs with each service contract, determining that an exemption from
Sec. 40502(d) would not result in a substantial reduction in
competition or be detrimental to commerce. Id. The Commission also
determined to initiate a rulemaking to implement the ET publication
exemption. Id.
The Commission is therefore proposing to amend its regulations in
part 530 in accordance with the P3-18 Order and requests comment on the
proposed changes. The Commission emphasizes that the scope of this
rulemaking is limited to amending part 530 in line with the
Commission's decision. The merits of WSC's petition and the
Commission's findings in the P3-18 Order are outside the scope of this
rulemaking.
Background
The Shipping Act of 1984 (the Shipping Act or the Act) introduced
the option for liner services to be priced via negotiated service
contracts between ocean common carriers and their shipper customers,
rather than solely by public tariffs. Pursuant to the Shipping Act and
FMC regulations, ocean freight rates, surcharges, and accessorial
charges had to be published in tariffs, or agreed to via a service
contract filed with the Commission. Contemporaneous with the filing of
service contracts, ocean carriers were required to make publicly
available a statement of the essential terms (ET) of the service
contract, including the line-haul rate, in tariff format.
The Ocean Shipping Reform Act of 1998 (OSRA) amended the Shipping
Act of 1984 to eliminate the requirement that service contract rates be
published in the carrier's public tariff. Public Law 105-258, 106. One
of the primary impacts of OSRA was to render service contract rates
confidential, and thus no longer available to ocean carriers and
shippers as carrier pricing information. In addition, similarly
situated shippers could no longer utilize the rates and terms of
published service contracts. Subsequent to OSRA, the ET publication has
been limited to: origin and destination port ranges, commodities,
minimum volume or portion, and duration. The deletion of rates from the
scope of the ET publication protected U.S. exporters from their foreign
competitors who would be able to ascertain proprietary business
information from these publicly available essential terms. At the same
time, the ET publication was also no longer useful either to shippers
in contract negotiations with carriers, or among carriers as a tool in
potential pricing coordination.
Discussion
As explained in the P3-18 Order, the Commission's experience
indicates that the publication of Statements of Essential Terms
corresponding to individual service contracts is of questionable value.
No commenters claimed a use for these publications, nor does the
Commission use them in-house inasmuch as the Commission has the ability
to access complete service contracts, including rate matrices and
contract terms.
In determining how to best implement the determination to exempt
carriers from the ET publication requirements in 46 U.S.C. 40502(d),
the Commission notes that Sec. 40502(d) and the Commission's
regulations at 46 CFR 530.12 require that carriers publish concise
Statements of Essential Terms corresponding to individual service
contracts in tariff format. In addition to the required Statements of
Essential Terms, carriers often include in their ET tariff rules and
notices that generally apply to all service contracts. An ocean
carrier's ET tariff may therefore comprise two components: (1) Tariff
rules and notices that generally apply to all service contracts; and
(2) the required concise Statements of Essential Terms corresponding to
individual service contracts.
The general tariff rules and notices are rarely amended once
initially published. Indeed, there are significant benefits to
publishing a ``blanket'' rule or notice in the carrier's ET tariff that
applies to most, or all, service contracts, thereby eliminating the
potential need to periodically amend hundreds of individual service
contracts. In contrast, a Statement of Essential Terms is published in
the carrier's tariff when each new service contract is confidentially
filed, and typically must be reviewed by the tariff publisher each time
a contract is amended, whether or not it is ultimately determined that
the public terms must be updated. In some cases, the Statement of
Essential Terms is continuously updated to keep the ET amendment number
in sync with the contract amendment number.
Although the Commission has determined to exempt carriers from the
requirement that they publish Statements of Essential Terms for
individual service contracts, the Commission wants to ensure that
carriers continue to publish generally applicable service contract
tariff rules and notices. The Commission therefore proposes to replace
the requirement in Sec. 530.12 that carriers publish Statements of
Essential Terms for individual service contracts with a requirement
that carriers publish general service contract rules and notices as a
separate part of the individual carrier's automated tariff system. The
Commission is also proposing changes to a number of other sections in
part 530 to reflect the elimination of the Statement of Essential Terms
publication requirements. Finally, the Commission proposes to correct
in part 530 outdated references to FMC bureaus and offices, as well as
correct an outdated reference to a Department of Defense Command.
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. Only non-confidential and public versions of
confidential comments should be submitted by email.
[[Page 8529]]
You may also submit comments by mail to the address listed above
under ADDRESSES.
How do I submit confidential business information?
The Commission will provide confidential treatment for identified
confidential information to the extent allowed by law. If your comments
contain confidential information, you must submit the following by mail
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. You should
submit the confidential copy to the Commission by mail.
A public version of your comments with the confidential
information excluded. The public version must state ``Public Version--
confidential materials excluded'' on the cover page and on each
affected page, and must clearly indicate any information withheld. You
may submit the public version to the Commission by email or mail.
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
Commission's Electronic Reading Room or the Docket Activity Library at
the addresses listed above under ADDRESSES.
Regulatory Notices and Analysis
Regulatory Flexibility Act
The Regulatory Flexibility Act, 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 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.
Accordingly, the Chairman of the Federal Maritime Commission certifies
that the proposed rule, if promulgated, will not have a significant
impact on a substantial number of small entities. The regulated
business entities that would be impacted by the rule are vessel-
operating common carriers (VOCCs). The Commission has determined that
VOCCs 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.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521) (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 in Part 530, Service
Contracts, are currently authorized under OMB Control Number 3072-0065.
If approved, this rule would eliminate for VOCCs the publication of
concise statements of essential terms in their carrier automated tariff
systems. The proposed rule would require VOCCs to continue their
general practice of publishing service contract rules and notices in
their carrier automated tariff systems. The proposed rule does not make
any changes to the requirement to file service contracts with the
Commission.
As background, of the 155 vessel-operating common carriers serving
the U.S. trades, 68 do not file service contracts with the Commission,
and thus would not be impacted by this rulemaking. Further, of the 87
carriers that file service contracts, 31 filed less than ten contracts
or amendments thus far in FY 2019, with ten of those only filing 1
contract this fiscal year. Among VOCCs that utilize service contracts
more extensively as a pricing mechanism, only 31 filed over 100
original contracts this fiscal year.
With respect to the cost savings associated with eliminating the
publication of statements of essential terms corresponding to original
service contracts and amendments, the Commission estimates the savings
to VOCCs as roughly 41,048 man-hours, for an approximate savings of
$1,987,133 annually.\1\ Service contract rules and notices in carrier
automated tariff systems, on the other hand, are rarely published or
revised, inasmuch as they govern a broad swath of carrier contracts,
and many times are intended to quickly and efficiently address an ad
hoc industry situation.\2\ Thus, in any given year, there may be no new
service contract rules or notices published in a carrier's automated
tariff system. The Commission observes that the benefit of maintaining
rules and notices which allow a carrier to avoid revising hundreds of
service contracts greatly outweighs the burden of publishing such a
notice. The Commission invites comment on this.
---------------------------------------------------------------------------
\1\ The Commission's previous service contract rulemaking in
Docket No. 16-05 estimated the time associated with preparation of
an individual ET publication as 3 minutes. No commenters opposed
that estimate. More recently, BTA informally interviewed two major
tariff publishers that file service contracts and publish ETs for
multiple VOCCs. These tariff publishers estimated the time required
to prepare an ET to be 3 to 6 minutes. The larger of the two tariff
publishers reported that their 3-minute preparation time was due to
its proprietary technological efficiencies. The above-referenced
savings are based on the 3-minute preparation time estimate, using
the Commission's most recent fiscal year's filing statistics for new
contracts and amendments. In FY 2018, 47,962 new service contracts
and 772,803 amendments were filed.
\2\ As one example, a major ocean carrier published a blanket
notice in its ET tariff applying to hundreds of its service
contracts when it deployed an extra loader vessel to meet unexpected
shipper demand. This notice allowed existing contract rates applying
to a specifically named service string to also apply to cargo moving
on the extra loader vessel, thereby eliminating the VOCC's burden of
amending hundreds of service contracts.
---------------------------------------------------------------------------
Regarding the burden associated with the filing of service
contracts with the Commission, a substantial majority of filers, 74
percent, have recognized greater efficiencies by automating their
service contract filing processes using the Commission's ``web
services'' automated filing system. Using FY 2018 figures, BTA staff
estimates the remaining burden associated with service contract filing
to be roughly 3,542 man-hours, or $402,088 annually.\3\ Inclusive of
the burden
[[Page 8530]]
associated with the Service Contract Rules Publication requirement,\4\
the entire burden associated with this information collection is
calculated as $3,482,351 for contract filers, a substantial reduction.
---------------------------------------------------------------------------
\3\ In the Commission's previous service contract rulemaking in
Docket No. 16-05, each service contract filing (new or amendment)
was estimated to take 3 minutes. Since that rulemaking, carriers and
tariff publishers comprising the highest volume service contract
filers have continued automating their filing processes. Filers that
implemented the Commission's ``web services'' automated filing
process have advised that minimal software programming was required
to facilitate the automated upload of service contracts and
amendments. Once automated, contract data can be transmitted into
SERVCON in a matter of seconds, without need for human intervention.
\4\ In our OMB filing related to this Information Collection,
the burden of maintaining service contract rules and notices is
estimated at 87 hours.
---------------------------------------------------------------------------
In compliance with the PRA, the Commission has submitted the
proposed revised information collection to the Office of Management and
Budget.
Comments are invited on:
Whether the collection of information is necessary for the
proper performance of the functions of the Commission, including
whether the information will have practical utility;
Whether the Commission's estimate for the burden of the
information collection is accurate;
Ways to enhance the quality, utility, and clarity of the
information to be collected;
Ways to minimize the burden of the collection of
information on respondents, including the use of automated collection
techniques or other forms of information technology.
Please submit any comments, identified by the docket number in the
heading of this document, by any of the methods described in the
ADDRESSES section of this document.
National Environmental Policy Act
The Commission's regulations categorically exclude certain
rulemakings from any requirement to prepare an environmental assessment
or an environmental impact statement because they do not increase or
decrease air, water or noise pollution or the use of fossil fuels,
recyclables, or energy. 46 CFR 504.4. The proposed rule amends the
requirements related to the publication of essential terms associated
with service contracts. This rulemaking thus falls within the
categorical exclusion for actions related to the receipt service
contracts (Sec. 504.4(a)(5)). Therefore, no environmental assessment
or environmental impact statement is required.
Executive Order 12988 (Civil Justice Reform)
This rule meets the applicable standards in E.O. 12988 titled,
``Civil Justice Reform,'' to minimize litigation, eliminate ambiguity,
and reduce burden.
Regulation Identifier Number
The Commission assigns a regulation identifier number (RIN) to each
regulatory action listed in the Unified Agenda of Federal Regulatory
and Deregulatory Actions (Unified Agenda). The Regulatory Information
Service Center publishes the Unified Agenda in April and October of
each year. You may use the RIN contained in the heading at the
beginning of this document to find this action in the Unified Agenda,
at https://www.reginfo.gov/public/do/eAgendaMain.
Proposed Rule
For the reasons stated in the supplementary information, the
Federal Maritime Commission proposes to amend 46 CFR part 530 as
follows:
List of Subjects in 46 CFR Part 530
Freight, Maritime carriers, Report and recordkeeping requirements.
PART 530--SERVICE CONTRACTS
0
1. The authority citation for part 530 continues to read as follows:
Authority: 5 U.S.C. 553; 46 U.S.C. 305, 40301-40306, 40501-
40503, 41307.
0
2. Amend Sec. 530.1 by revising the first sentence to read as follows:
Sec. 530.1 Purpose
The purpose of this part is to facilitate the filing of service
contracts as required by section 8(c) of the Shipping Act of 1984
(``the Act'') (46 U.S.C. 40502). * * *
0
3. Amend Sec. 530.3 by revising paragraphs (d) and (o) and removing
paragraph (s) to read as follows:
Sec. 530.3 Definitions.
* * * * *
(d) BTA means the Commission's Bureau of Trade Analysis or its
successor bureau.
* * * * *
(o) OIT means the Commission's Office of Information Technology.
* * * * *
0
4. Amend Sec. 530.5 by revising paragraphs (a) and (c)(1) to read as
follows:
Sec. 530.5 Duty to file.
(a) The duty under this part to file service contracts, amendments,
and notices shall be upon the individual carrier party or parties
participating or eligible to participate in the service contract.
* * * * *
(c) * * *
(1) Application. Authority to file or delegate the authority to
file must be requested by a responsible official of the service
contract carrier in writing by submitting to BTA the Registration Form
(FMC-83) in Exhibit 1 to this part.
* * * * *
0
5. Amend Sec. 530.8 by revising paragraph (d) introductory text and
removing paragraph (d)(4) to read as follows:
Sec. 530.8 Service Contracts.
* * * * *
(d) Every service contract filed with BTA shall include, as set
forth in appendix A to this part by:
* * * * *
Sec. 530.10 [Amended]
0
6. Amend Sec. 530.10 by removing paragraph (f).
0
7. Revise subpart C heading to read as follows.
Subpart C--Publication of Essential Terms
0
8. Revise Sec. 530.12 to read as follows:
Sec. 530.12 Rules and Notices.
(a) Location--(1) Generally. A statement of service contract rules
and notices shall be published as a separate part of the individual
ocean common carrier's automated tariff system.
(2) Multi-party service contracts. For service contracts in which
more than one carrier participates or is eligible to participate, the
statement of service contract rules and notices shall be published:
(i) If the service contract is entered into under the authority of
a conference agreement, then in that conference's automated tariff
system;
(ii) If the service contract is entered into under the authority of
a non-conference agreement, then in each of the participating or
eligible-to-participate carriers' individual automated tariff systems,
clearly indicating the relevant FMC-assigned agreement number.
(b) Certainty of terms. The statement of service contract rules and
notices described in paragraph (a) of this section may not:
(1) Be uncertain, vague, or ambiguous; or
(2) Make reference to terms not explicitly detailed in the
statement of service contract rules and notices, unless those terms are
contained in a publication widely available to the public and well
known within the industry.
(c) Agents. Common carriers, conferences, or agreements may use
agents to meet their publication requirements under this part.
[[Page 8531]]
(d) Commission listing. The Commission will publish on its website,
www.fmc.gov, a listing of the locations of all service contract rules
and notices.
0
9. Amend Sec. 530.13 by revising paragraph (b)(2) to read as follows:
Sec. 530.13 Exceptions and exemptions.
* * * * *
(b) * * *
(2) Department of Defense cargo. Transportation of U.S. Department
of Defense cargo moving in foreign commerce under terms and conditions
negotiated and approved by the Surface Deployment and Distribution
Command and published in a universal service contract. An exact copy of
the universal service contract, including any amendments thereto, shall
be filed with the Commission as soon as it becomes available.
* * * * *
0
10. Amend Sec. 530.15 by revising paragraph (c) to read as follows:
Sec. 530.15 Recordkeeping and audit.
* * * * *
(c) Production for audit within 30 days of request. Every carrier
or agreement shall, upon written request of the FMC's Director, Bureau
of Enforcement, any Area Representative or the Director, Bureau of
Trade Analysis, submit copies of requested original service contracts
or their associated records within thirty (30) days of the date of the
request.
* * * * *
Appendix A to Part 530 [Amended]
0
11. In Appendix A revise all references to ``BTCL'' to read ``BTA'' and
revise all references to ``OIRM'' to read ``OIT''.
By the Commission.
Rachel Dickon,
Secretary.
[FR Doc. 2020-02561 Filed 2-13-20; 8:45 am]
BILLING CODE 6731-AA-P
