Procedures for Exemption From Service Contract Regulatory Requirements, 23227-23229 [2020-09003]

Download as PDF Federal Register / Vol. 85, No. 81 / Monday, April 27, 2020 / Rules and Regulations 23227 TABLE 1 TO § 100.703—SPECIAL LOCAL REGULATIONS; RECURRING MARINE EVENTS, SECTOR ST. PETERSBURG— Continued [Datum NAD 1983] Date/time Event/sponsor Location 6. One Saturday in September. Time (Approximate): 6:00 a.m. to 6 p.m. Battle of the Bridges/ Venice, FL ........................... Sarasota Scullers Youth Rowing Program. 7. One Sunday in September. Time (Approximate): 11:30 a.m. to 4:00 p.m. Clearwater Offshore Nationals/Race World Offshore. Clearwater, FL ..................... 8. One Thursday, Friday, and Saturday in October. Time (Approximate): 10:00 a.m. to 5:00 p.m. 9. One weekend (Friday, Saturday, and Sunday) in November. Time (Approximate): 8:00 a.m. to 6:00 p.m. Roar Offshore/OPA Racing LLC. Fort Myers Beach, FL .......... OPA World Championships/Englewood Beach Waterfest. Englewood Beach, FL ......... §§ 100.717, 100.718, 100.720, 100.722, 100.728, 100.734, 100.735, 100.736 and 100.740 [Removed] 4. Remove §§ 100.717, 100.718, 100.720, 100.722, 100.728, 100.734, 100.735, 100.736 and 100.740. ■ Dated: April 6, 2020. Matthew A. Thompson Captain, U.S. Coast Guard, Captain of the Port Sector St. Petersburg. [FR Doc. 2020–07929 Filed 4–24–20; 8:45 am] BILLING CODE 9110–04–P FEDERAL MARITIME COMMISSION 46 CFR Part 530 [Docket No. 20–05] RIN 3072–AC81 Procedures for Exemption From Service Contract Regulatory Requirements Federal Maritime Commission. Final rule. AGENCY: lotter on DSKBCFDHB2PROD with RULES Regulated area ACTION: The Federal Maritime Commission is revising its procedures for exemptions from the regulatory requirements for service contracts to allow such exemptions to be granted Location: All waters of the Intracoastal Waterway south of a line made connecting the following points: 27°06′15″ N, 082°26′43″ W, to position 27°06′12″ N, 082°26′43″ W, and all waters of the Intracoastal Waterway north of a line made connecting the following points: 27°03′21″ N, 082°26′17″ W, to position 27°03′19″ N, 082°26′15″ W. Locations: (1) Race Area. All waters of the Gulf of Mexico contained within the following points: 27°58′34″ N, 82°50′09″ W, thence to position 27°58′32″ N, 82°50′02″ W, thence to position 28°00′12″ N, 82°50′10″ W, thence to position 28°00′13″ N, 82°50′10″ W, thence back to the original position, 27°58′34″ N, 82°50′09″ W. (2) Spectator Area. All waters of Gulf of Mexico seaward no less than 150 yards from the race area and as agreed upon by the Coast Guard and race officials. (3) Enforcement Area. All waters of the Gulf of Mexico encompassed within the following points: 28°58′40″ N, 82°50′37″ W, thence to position 28°00′57″ N, 82°49′45″ W, thence to position 27°58′32″ N, 82°50′32″ W, thence to position 27°58′23″ N, 82°49′53″ W, thence back to position 28°58′40″ N, 82°50′37″ W. Locations: All waters of the Gulf of Mexico west of Fort Myers Beach contained within the following points: 26°26′27″ N, 081°55′55″ W, thence to position 26°25′33″ N, longitude 081°56′34″ W, thence to position 26°26′38″ N, 081°58′40″ W, thence to position 26°27′25″ N, 081°58′8″ W, thence back to the original position 26°26′27″ N, 081°55′55″ W. Locations: (1) Race Area. All waters of the Gulf of Mexico contained within the following points: 26°56′00″ N, 082°22′11″ W, thence to position 26°55′59″ N, 082°22′16″ W, thence to position 26°54′22″ N, 082°21′20″ W, thence to position 26°54′24″ N, 082°21′16″ W, thence to position 26°54′25″ N, 082°21′17″ W, thence back to the original position, 26°56′00″ N, 082°21′11″ W. (2) Spectator Area. All waters of the Gulf of Mexico contained with the following points: 26°55′33″ N, 082°22′21″ W, thence to position 26°54′14″ N, 082°21′35″ W, thence to position 26°54′11″ N, 082°21′40″ W, thence to position 26°55′31″ N, 082°22′26″ W , thence back to position 26°55′33″ N, 082°22′21″ W. (3) Enforcement Area. All waters of the Gulf of Mexico encompassed within the following points: 26°56′09″ N, 082°22′12″ W, thence to position 26°54′13″ N, 082°21′03″ W, thence to position 26°53′58″ N, 082°21′43″ W, thence to position 26°55′56″ N, 082°22′48″ W, thence back to position 26°56′09″ N, 082°22′12″ W. without providing an opportunity for a hearing. DATES: This final rule is effective April 27, 2020. FOR FURTHER INFORMATION CONTACT: Rachel E. Dickon, Secretary; Phone: (202) 523–5725; Email: secretary@ fmc.gov. SUPPLEMENTARY INFORMATION: The Commission’s service contract regulations in 46 CFR part 530 provide that exemptions from the requirements of that part are governed by 46 U.S.C. 40103 and the exemption procedures in 46 CFR part 502. See 46 CFR 530.13(b).1 Section 40103 provides that the Commission may grant an exemption from statutory requirements if the Commission finds that the exemption will not result in substantial reduction in competition or be detrimental to commerce, and the Commission may attach conditions to an exemption. Section 40103(a). Section 40103 also requires that a statutory exemption may be issued only if the Commission has provided an opportunity for a hearing to SUMMARY: VerDate Sep<11>2014 16:16 Apr 24, 2020 Jkt 250001 1 Section 530.13(b) includes an out-of-date crossreference to 46 CFR 502.67, which formerly contained the Commission’s exemption procedures. Those procedures are currently located at 46 CFR 502.92. PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 interested persons and departments and agencies of the United States Government. The Commission’s exemption procedures in 46 CFR part 502 include a similar hearing requirement and provide that the Commission will publish notice of the proposed statutory exemption in the Federal Register and will solicit comments. 46 CFR 502.92. Thus, although the Shipping Act only requires notice and opportunity for a hearing for exemptions from the statutory requirements in the Act, the Commission requires notice and opportunity for a hearing for exemptions from regulatory requirements by incorporating section 40103 and the part 502 exemption procedures in 46 CFR 530.13(b). The current COVID–19 pandemic and its effect on the international supply chain and commercial operations has demonstrated a need for Commission flexibility to provide immediate regulatory relief in appropriate circumstances. This is particularly true in the case of service contracts given the challenges that the current situation presents to contract negotiation, formation, and filing by the carriers and their customers. To that end, the E:\FR\FM\27APR1.SGM 27APR1 23228 Federal Register / Vol. 85, No. 81 / Monday, April 27, 2020 / Rules and Regulations Commission is revising its exemption procedures for part 530 to allow for exemptions from the regulatory requirements in that part to be granted without notice and opportunity for a hearing. Specifically, the Commission is revising § 530.13(b) to state that exemptions from the requirements in part 530 are governed by 46 U.S.C. 40103(a), which provides the substantive criteria for granting exemptions, 46 CFR 502.92, which lays out the procedure for requesting exemptions and how exemptions are processed, and 46 CFR 502.10, which permits the Commission to waive the rules in part 502 in particular cases to prevent undue hardship, manifest injustice, or if the expeditious conduct of business so requires. The Commission emphasizes that these changes only affect the procedures for granting exemptions from the regulatory requirements in part 530. The final rule does not affect the procedures for exemptions from the statutory requirements of the Shipping Act, which will continue to be subject to notice and an opportunity for a hearing before issuance. See 46 U.S.C. 40103(b). In addition, these changes will not affect the substantive criteria for granting exemptions from the regulatory requirements in part 530. Such exemptions will continue to be granted when the Commission finds that the exemption will not result in substantial reduction in competition or be detrimental to commerce. And the Commission will, as a general matter, continue to provide notice and an opportunity for comment on proposed exemptions before issuing an exemption from requirements in part 530. Under the final rule, however, the Commission will have the ability to waive these procedural requirements under § 502.10 in appropriate circumstances. lotter on DSKBCFDHB2PROD with RULES Rulemaking Analyses and Notices Final Rule Justification and Effective Date Under the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(A), rules of agency organization, procedure, or practice do not require notice and comment. This final rule relates to the Commission’s organization, procedures, and practices; it revises the Commission’s procedures for exempting regulated entities from the regulatory requirements in 46 CFR part 530. The Commission has also determined given the current challenges faced by the shipping industry due to the COVID–19 pandemic, the ability for regulated entities to seek prompt regulatory relief from the Commission is needed in the VerDate Sep<11>2014 16:16 Apr 24, 2020 Jkt 250001 immediate future, notice and comment is impracticable and contrary to the public interest. See 5 U.S.C. 553(b)(B). The Administrative Procedure Act also generally requires a minimum of 30 days before a final rule can go into effect, but excepts from this requirement: (1) Substantive rules which grant or recognize an exemption or relieve a restriction; (2) interpretive rules and statements of policy; and (3) when an agency finds good cause for a shorter period of time and includes those findings with the rule. 5 U.S.C. 553(d). For the same reasons as discussed above, good cause exists for making this final rule effective upon publication in the Federal Register, given the immediate need for regulated entities to have the ability to seek prompt regulatory relief from the Commission. Congressional Review Act The final rule is not a ‘‘rule’’ as defined by the Congressional Review Act (CRA), codified at 5 U.S.C. 801 et seq., and is not subject to the provisions of the CRA. The CRA adopts the Administrative Procedure Act’s definition of a ‘‘rule’’ in 5 U.S.C. 551, subject to certain exclusions. See 5 U.S.C. 804(3). In particular, the CRA does not apply to rules relating to agency management and personnel and rules of agency organization, procedure, and practice that do not substantially affect the rights or obligations of nonagency parties. Id. This final rule relates to agency organization, procedures, and practices. Specifically, the final rule revises the Commission’s exemption procedures under part 530 to give the Commission flexibility to forgo notice and opportunity for hearing in certain circumstances before granting an exemption from the service contract regulatory requirements. Although the final rule will affect interested parties’ ability to comment on certain proposed regulatory exemptions before they are granted, the Commission does not believe the rule substantially affects their rights. Notice and comment will continue to be generally required before an exemption is granted. Only when necessary to prevent undue hardship, manifest injustice, or if the expeditious conduct of business so requires, will the Commission waive these requirements. Based on the foregoing, the final rule is not a ‘‘rule’’ under the CRA and is not subject to the CRA’s requirements. Regulatory Flexibility Act The Regulatory Flexibility Act (codified as amended at 5 U.S.C. 601– 612) provides that whenever an agency promulgates a final rule after being PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 required to publish a notice of proposed rulemaking under the APA (5 U.S.C. 553), the agency must prepare and make available a final regulatory flexibility analysis (FRFA) describing the impact of the rule on small entities. 5 U.S.C. 604. An agency is not required to publish an FRFA, however, for the following types of rules, which are excluded from the APA’s notice-andcomment requirement: interpretative rules; general statements of policy; rules of agency organization, procedure, or practice; and rules for which the agency for good cause finds that notice and comment is impracticable, unnecessary, or contrary to public interest. See 5 U.S.C. 553(b). As discussed above, this final rule is a rule of agency organization, procedure, or practice. Therefore, the APA does not require publication of a notice of proposed rulemaking in this instance, and the Commission is not required to prepare an FRFA. 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 final rule revises Commission regulations governing the exemption procedures for the service contract regulatory requirements in part 530. This rulemaking thus falls within the categorical exclusions for procedural rules pursuant to 46 CFR part 502 (§ 504.4(a)(4)), and related to the receipt service contracts (§ 504.4(a)(5)). Therefore, no environmental assessment or environmental impact statement is required. 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 rules to OMB in conjunction with the publication of the notice of proposed rulemaking. 5 CFR 1320.11. This final rule does not contain any collections of information as defined by 44 U.S.C. 3502(3) and 5 CFR 1320.3(c). Executive Order 12988 (Civil Justice Reform) This rule meets the applicable standards in E.O. 12988 titled, ‘‘Civil Justice Reform,’’ to minimize litigation, E:\FR\FM\27APR1.SGM 27APR1 Federal Register / Vol. 85, No. 81 / Monday, April 27, 2020 / Rules and Regulations eliminate ambiguity, and reduce burden. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 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, available at http:// www.reginfo.gov/public/do/ eAgendaMain. List of Subjects in 46 CFR Part 530 Freight, Maritime carriers, Report and recordkeeping requirements. PART 530—SERVICE CONTRACTS 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. 2. Amend § 530.13 by revising paragraph (b) introductory text to read as follows: ■ Exceptions and exemptions. * * * * * (b) Commission exemptions. Exemptions from the requirements of this part are governed by 46 U.S.C. 40103(a) and §§ 502.10 and 502.92 of this chapter. The following commodities and/or services are exempt from the requirements of this part: * * * * * By the Commission. Rachel Dickon, Secretary. [FR Doc. 2020–09003 Filed 4–24–20; 8:45 am] lotter on DSKBCFDHB2PROD with RULES BILLING CODE 6730–02–P VerDate Sep<11>2014 16:16 Apr 24, 2020 Jkt 250001 [Docket No. 200415–0112; RTID 0648– XX041] Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; 2020 Allocation of Northeast Multispecies Annual Catch Entitlements and Modifications to a Regulatory Exemption for Sectors National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Interim final rule; request for comments. AGENCY: This rule makes allocations of annual catch entitlements to groundfish sectors for the 2020 fishing year and also makes changes to a previously approved regulatory exemption for sectors. The action is necessary because sectors must receive allocations in order to operate. This action is intended to ensure sector allocations are based on the best scientific information available and to help achieve optimum yield for the fishery. DATES: This rule is effective May 1, 2020. Comments must be received on or before May 27, 2020. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2020–0028, by either of the following methods: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20200028, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Submit written comments to Michael Pentony, Regional Administrator, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope, ‘‘Comments on the 2020 Sector Rule.’’ Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information SUMMARY: For the reasons set forth above, the Federal Maritime Commission is amending 46 CFR part 530 as follows: § 530.13 50 CFR Part 648 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 23229 submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/ A’’ in the required fields if you wish to remain anonymous). Copies of each sector’s operations plan and contract, as well as the programmatic environmental assessment for sectors operations in fishing years 2015 to 2020, are available from the NMFS Greater Atlantic Regional Fisheries Office (GARFO): Michael Pentony, Regional Administrator, National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA 01930. These documents are also accessible via the GARFO website: https:// www.fisheries.noaa.gov/species/ northeast-multispecies. FOR FURTHER INFORMATION CONTACT: Kyle Molton, Fishery Management Specialist, (978) 281–9236. SUPPLEMENTARY INFORMATION: Background The Northeast Multispecies Fishery Management Plan (FMP) defines a groundfish sector as a group of persons holding limited access Northeast multispecies permits who have voluntarily entered into a contract and agreed to certain fishing restrictions for a specified period of time. Under the FMP, these sectors are allocated a portion of the allowable catch of each Northeast multispecies stock. Sectors are self-selecting, meaning each sector can choose its members. The Northeast multispecies (groundfish) sector management system allocates a portion of available groundfish catch by stock to each sector. Each sector’s annual allocations are known as annual catch entitlements (ACE) and are based on the collective fishing history of a sector’s members. The ACEs are a portion of a stock’s annual catch limit (ACL) available to commercial groundfish vessels in sectors. A sector determines how to harvest its ACEs and may decide to limit operations to fewer vessels. Atlantic halibut, windowpane flounder, Atlantic wolffish, and ocean pout are not managed under the sector system, and sectors do not receive allocations of these groundfish species. With the exception of halibut that has a one-fish per vessel trip limit, possession of these stocks is prohibited. Because sectors elect to receive an allocation under a quota-based system, the FMP grants sector vessels several universal exemptions from the FMP’s effort controls. These universal exemptions apply to: Trip limits on allocated stocks; Northeast multispecies E:\FR\FM\27APR1.SGM 27APR1

Agencies

[Federal Register Volume 85, Number 81 (Monday, April 27, 2020)]
[Rules and Regulations]
[Pages 23227-23229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09003]


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FEDERAL MARITIME COMMISSION

46 CFR Part 530

[Docket No. 20-05]
RIN 3072-AC81


Procedures for Exemption From Service Contract Regulatory 
Requirements

AGENCY: Federal Maritime Commission.

ACTION: Final rule.

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

SUMMARY: The Federal Maritime Commission is revising its procedures for 
exemptions from the regulatory requirements for service contracts to 
allow such exemptions to be granted without providing an opportunity 
for a hearing.

DATES: This final rule is effective April 27, 2020.

FOR FURTHER INFORMATION CONTACT: Rachel E. Dickon, Secretary; Phone: 
(202) 523-5725; Email: [email protected].

SUPPLEMENTARY INFORMATION: The Commission's service contract 
regulations in 46 CFR part 530 provide that exemptions from the 
requirements of that part are governed by 46 U.S.C. 40103 and the 
exemption procedures in 46 CFR part 502. See 46 CFR 530.13(b).\1\ 
Section 40103 provides that the Commission may grant an exemption from 
statutory requirements if the Commission finds that the exemption will 
not result in substantial reduction in competition or be detrimental to 
commerce, and the Commission may attach conditions to an exemption. 
Section 40103(a). Section 40103 also requires that a statutory 
exemption may be issued only if the Commission has provided an 
opportunity for a hearing to interested persons and departments and 
agencies of the United States Government. The Commission's exemption 
procedures in 46 CFR part 502 include a similar hearing requirement and 
provide that the Commission will publish notice of the proposed 
statutory exemption in the Federal Register and will solicit comments. 
46 CFR 502.92. Thus, although the Shipping Act only requires notice and 
opportunity for a hearing for exemptions from the statutory 
requirements in the Act, the Commission requires notice and opportunity 
for a hearing for exemptions from regulatory requirements by 
incorporating section 40103 and the part 502 exemption procedures in 46 
CFR 530.13(b).
---------------------------------------------------------------------------

    \1\ Section 530.13(b) includes an out-of-date cross-reference to 
46 CFR 502.67, which formerly contained the Commission's exemption 
procedures. Those procedures are currently located at 46 CFR 502.92.
---------------------------------------------------------------------------

    The current COVID-19 pandemic and its effect on the international 
supply chain and commercial operations has demonstrated a need for 
Commission flexibility to provide immediate regulatory relief in 
appropriate circumstances. This is particularly true in the case of 
service contracts given the challenges that the current situation 
presents to contract negotiation, formation, and filing by the carriers 
and their customers. To that end, the

[[Page 23228]]

Commission is revising its exemption procedures for part 530 to allow 
for exemptions from the regulatory requirements in that part to be 
granted without notice and opportunity for a hearing. Specifically, the 
Commission is revising Sec.  530.13(b) to state that exemptions from 
the requirements in part 530 are governed by 46 U.S.C. 40103(a), which 
provides the substantive criteria for granting exemptions, 46 CFR 
502.92, which lays out the procedure for requesting exemptions and how 
exemptions are processed, and 46 CFR 502.10, which permits the 
Commission to waive the rules in part 502 in particular cases to 
prevent undue hardship, manifest injustice, or if the expeditious 
conduct of business so requires.
    The Commission emphasizes that these changes only affect the 
procedures for granting exemptions from the regulatory requirements in 
part 530. The final rule does not affect the procedures for exemptions 
from the statutory requirements of the Shipping Act, which will 
continue to be subject to notice and an opportunity for a hearing 
before issuance. See 46 U.S.C. 40103(b). In addition, these changes 
will not affect the substantive criteria for granting exemptions from 
the regulatory requirements in part 530. Such exemptions will continue 
to be granted when the Commission finds that the exemption will not 
result in substantial reduction in competition or be detrimental to 
commerce. And the Commission will, as a general matter, continue to 
provide notice and an opportunity for comment on proposed exemptions 
before issuing an exemption from requirements in part 530. Under the 
final rule, however, the Commission will have the ability to waive 
these procedural requirements under Sec.  502.10 in appropriate 
circumstances.

Rulemaking Analyses and Notices

Final Rule Justification and Effective Date

    Under the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(A), 
rules of agency organization, procedure, or practice do not require 
notice and comment. This final rule relates to the Commission's 
organization, procedures, and practices; it revises the Commission's 
procedures for exempting regulated entities from the regulatory 
requirements in 46 CFR part 530. The Commission has also determined 
given the current challenges faced by the shipping industry due to the 
COVID-19 pandemic, the ability for regulated entities to seek prompt 
regulatory relief from the Commission is needed in the immediate 
future, notice and comment is impracticable and contrary to the public 
interest. See 5 U.S.C. 553(b)(B).
    The Administrative Procedure Act also generally requires a minimum 
of 30 days before a final rule can go into effect, but excepts from 
this requirement: (1) Substantive rules which grant or recognize an 
exemption or relieve a restriction; (2) interpretive rules and 
statements of policy; and (3) when an agency finds good cause for a 
shorter period of time and includes those findings with the rule. 5 
U.S.C. 553(d). For the same reasons as discussed above, good cause 
exists for making this final rule effective upon publication in the 
Federal Register, given the immediate need for regulated entities to 
have the ability to seek prompt regulatory relief from the Commission.

Congressional Review Act

    The final rule is not a ``rule'' as defined by the Congressional 
Review Act (CRA), codified at 5 U.S.C. 801 et seq., and is not subject 
to the provisions of the CRA. The CRA adopts the Administrative 
Procedure Act's definition of a ``rule'' in 5 U.S.C. 551, subject to 
certain exclusions. See 5 U.S.C. 804(3). In particular, the CRA does 
not apply to rules relating to agency management and personnel and 
rules of agency organization, procedure, and practice that do not 
substantially affect the rights or obligations of non-agency parties. 
Id. This final rule relates to agency organization, procedures, and 
practices. Specifically, the final rule revises the Commission's 
exemption procedures under part 530 to give the Commission flexibility 
to forgo notice and opportunity for hearing in certain circumstances 
before granting an exemption from the service contract regulatory 
requirements. Although the final rule will affect interested parties' 
ability to comment on certain proposed regulatory exemptions before 
they are granted, the Commission does not believe the rule 
substantially affects their rights. Notice and comment will continue to 
be generally required before an exemption is granted. Only when 
necessary to prevent undue hardship, manifest injustice, or if the 
expeditious conduct of business so requires, will the Commission waive 
these requirements. Based on the foregoing, the final rule is not a 
``rule'' under the CRA and is not subject to the CRA's requirements.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (codified as amended at 5 U.S.C. 
601-612) provides that whenever an agency promulgates a final rule 
after being required to publish a notice of proposed rulemaking under 
the APA (5 U.S.C. 553), the agency must prepare and make available a 
final regulatory flexibility analysis (FRFA) describing the impact of 
the rule on small entities. 5 U.S.C. 604. An agency is not required to 
publish an FRFA, however, for the following types of rules, which are 
excluded from the APA's notice-and-comment requirement: interpretative 
rules; general statements of policy; rules of agency organization, 
procedure, or practice; and rules for which the agency for good cause 
finds that notice and comment is impracticable, unnecessary, or 
contrary to public interest. See 5 U.S.C. 553(b).
    As discussed above, this final rule is a rule of agency 
organization, procedure, or practice. Therefore, the APA does not 
require publication of a notice of proposed rulemaking in this 
instance, and the Commission is not required to prepare an FRFA.

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 final rule revises Commission 
regulations governing the exemption procedures for the service contract 
regulatory requirements in part 530. This rulemaking thus falls within 
the categorical exclusions for procedural rules pursuant to 46 CFR part 
502 (Sec.  504.4(a)(4)), and related to the receipt service contracts 
(Sec.  504.4(a)(5)). Therefore, no environmental assessment or 
environmental impact statement is required.

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 rules to OMB in conjunction with the publication of the 
notice of proposed rulemaking. 5 CFR 1320.11. This final rule does not 
contain any collections of information as defined by 44 U.S.C. 3502(3) 
and 5 CFR 1320.3(c).

Executive Order 12988 (Civil Justice Reform)

    This rule meets the applicable standards in E.O. 12988 titled, 
``Civil Justice Reform,'' to minimize litigation,

[[Page 23229]]

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, 
available at http://www.reginfo.gov/public/do/eAgendaMain.

List of Subjects in 46 CFR Part 530

    Freight, Maritime carriers, Report and recordkeeping requirements.

    For the reasons set forth above, the Federal Maritime Commission is 
amending 46 CFR part 530 as follows:

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.  530.13 by revising paragraph (b) introductory text to 
read as follows:


Sec.  530.13   Exceptions and exemptions.

* * * * *
    (b) Commission exemptions. Exemptions from the requirements of this 
part are governed by 46 U.S.C. 40103(a) and Sec. Sec.  502.10 and 
502.92 of this chapter. The following commodities and/or services are 
exempt from the requirements of this part:
* * * * *

    By the Commission.
Rachel Dickon,
Secretary.
[FR Doc. 2020-09003 Filed 4-24-20; 8:45 am]
 BILLING CODE 6730-02-P