Service Contracts, 8527-8531 [2020-02561]

Download as PDF 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: khammond on DSKJM1Z7X2PROD with PROPOSALS § 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. VerDate Sep<11>2014 16:35 Feb 13, 2020 Jkt 250001 (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: PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 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 E:\FR\FM\14FEP1.SGM 14FEP1 8528 Federal Register / Vol. 85, No. 31 / Friday, February 14, 2020 / Proposed Rules 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. khammond on DSKJM1Z7X2PROD with PROPOSALS 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 VerDate Sep<11>2014 16:35 Feb 13, 2020 Jkt 250001 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 PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 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. E:\FR\FM\14FEP1.SGM 14FEP1 Federal Register / Vol. 85, No. 31 / Friday, February 14, 2020 / Proposed Rules 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. khammond on DSKJM1Z7X2PROD with PROPOSALS 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 VerDate Sep<11>2014 16:35 Feb 13, 2020 Jkt 250001 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 PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 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 E:\FR\FM\14FEP1.SGM Continued 14FEP1 8530 Federal Register / Vol. 85, No. 31 / Friday, February 14, 2020 / Proposed Rules 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. 16:35 Feb 13, 2020 Jkt 250001 * * * * (d) Every service contract filed with BTA shall include, as set forth in appendix A to this part by: * * * * * § 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. * * * * * (o) OIT means the Commission’s Office of Information Technology. * * * * * ■ 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. * * * * * (c) * * * (1) Application. Authority to file or delegate the authority to file must be PO 00000 Frm 00049 Fmt 4702 Sfmt 4702 [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. VerDate Sep<11>2014 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. * * * * * ■ 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) khammond on DSKJM1Z7X2PROD with PROPOSALS 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 http:// 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. E:\FR\FM\14FEP1.SGM 14FEP1 Federal Register / Vol. 85, No. 31 / Friday, February 14, 2020 / Proposed Rules (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. * * * * * (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: http://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]


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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.

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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 http://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