Federal Acquisition Regulation: Applicability of Inflation Adjustments of Acquisition-Related Thresholds, 29666 [C1-2020-07109]
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Federal Register / Vol. 85, No. 96 / Monday, May 18, 2020 / Rules and Regulations
(c) Incentive principle—(1) General.
In assessing the reasonableness of
demurrage and detention practices and
regulations, the Commission will
consider the extent to which demurrage
and detention are serving their intended
primary purposes as financial incentives
to promote freight fluidity.
(2) Particular applications of
incentive principle—(i) Cargo
availability. The Commission may
consider in the reasonableness analysis
the extent to which demurrage practices
and regulations relate demurrage or free
time to cargo availability for retrieval.
(ii) Empty container return. Absent
extenuating circumstances, practices
and regulations that provide for
imposition of detention when it does
not serve its incentivizing purposes,
such as when empty containers cannot
be returned, are likely to be found
unreasonable.
(iii) Notice of cargo availability. In
assessing the reasonableness of
demurrage practices and regulations, the
Commission may consider whether and
how regulated entities provide notice to
cargo interests that cargo is available for
retrieval. The Commission may consider
the type of notice, to whom notice is
provided, the format of notice, method
of distribution of notice, the timing of
notice, and the effect of the notice.
(iv) Government inspections. In
assessing the reasonableness of
demurrage and detention practices in
the context of government inspections,
the Commission may consider the
extent to which demurrage and
detention are serving their intended
purposes and may also consider any
extenuating circumstances.
(d) Demurrage and detention policies.
The Commission may consider in the
reasonableness analysis the existence,
accessibility, content, and clarity of
policies implementing demurrage and
detention practices and regulations,
including dispute resolution policies
and practices and regulations regarding
demurrage and detention billing. In
assessing dispute resolution policies,
the Commission may further consider
the extent to which they contain
information about points of contact,
timeframes, and corroboration
requirements.
(e) Transparent terminology. The
Commission may consider in the
reasonableness analysis the extent to
which regulated entities have clearly
defined the terms used in demurrage
and detention practices and regulations,
the accessibility of definitions, and the
extent to which the definitions differ
from how the terms are used in other
contexts.
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(f) Non-Preclusion. Nothing in this
rule precludes the Commission from
considering factors, arguments, and
evidence in addition to those
specifically listed in this rule.
By the Commission.
Rachel Dickon,
Secretary.
[FR Doc. 2020–09370 Filed 5–15–20; 8:45 am]
BILLING CODE 6730–02–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1, 5, 8, 9, 12, 13, 15, 19,
22, 25, 30, 50, and 52
[FAC 2020–06; FAR Case 2018–007; Item
II; Docket No. FAR–2018–0007; Sequence
No. 1]
RIN 9000–AN67
Federal Acquisition Regulation:
Applicability of Inflation Adjustments
of Acquisition-Related Thresholds
Correction
In rule document 2020–07109
appearing on pages 27088–27097 in the
issue of May 6, 2020, make the
following correction:
52.212–5
[Corrected]
On page 27092, in the third column,
Instruction 40 e. for 52.212–5, should
read as set forth below:
■ e. Revising paragraphs (e)(1)(viii)
through (x) and the first sentence of
paragraph (e)(1)(xxi); and
■
[FR Doc. C1–2020–07109 Filed 5–15–20; 8:45 am]
BILLING CODE 1301–00–D
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 216 and 300
[Docket No. 200511–0133]
RIN 0648–BJ23
International Fisheries; Pacific Tuna
Fisheries; Fishing Restrictions for
Silky Shark, Fish Aggregating Devices,
and Observer Safety in the Eastern
Pacific Ocean
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
PO 00000
Frm 00074
Fmt 4700
Sfmt 4700
ACTION:
Final rule.
NMFS issues regulations
under the Tuna Conventions Act to
implement three Resolutions adopted by
the Inter-American Tropical Tuna
Commission (IATTC) in 2018 and 2019:
Resolution C–19–01 (Amendment to
Resolution C–18–05 on the Collection
and Analyses of Data on FishAggregating Devices); Resolution C–19–
05 (Amendment to the Resolution C–16–
06 Conservation Measures for Shark
Species, with Special Emphasis on the
Silky Shark (Carcharhinus falciformis),
for the Years 2020 and 2021); and
Resolution C–18–07 (Resolution on
Improving Observer Safety at Sea:
Emergency Action Plan). NMFS also
issues regulations under the Marine
Mammal Protection Act to implement a
Resolution adopted by parties to the
Agreement on the International Dolphin
Conservation Program (AIDCP):
Resolution A–18–03 (On Improving
Observer Safety At Sea: Emergency
Action Plan). This final rule is necessary
for the United States to satisfy its
obligations as a member of the IATTC
and Party to the AIDCP.
DATES: The amendment to § 300.27(e) is
effective June 17, 2020, and the
remaining amendments are delayed.
NMFS will publish a document in the
Federal Register announcing the
effective date.
ADDRESSES: Copies of supporting
documents are available via the Federal
eRulemaking Portal: https://
www.regulations.gov, docket NOAA–
NMFS–2019–0149, or contact Rachael
Wadsworth, NMFS WCR SFD, 7600
Sand Point Way NE, Building 1, Seattle,
WA 98115, or WCR.HMS@noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Rachael Wadsworth, NMFS at 562–980–
4036.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On January 24, 2020, NMFS
published the proposed rule in the
Federal Register (85 FR 4250) to
implement provisions of three IATTC
Resolutions and one AIDCP Resolution
on silky shark, data collection for fish
aggregating devices (FADs), and
observer safety. The proposed rule
contains additional background
information, including information on
the IATTC, AIDCP, and Convention
Areas; the international obligations of
the United States as an IATTC member
and Party to the AIDCP; and the need
for these regulations. The 30-day public
comment period for the proposed rule
closed on February 24, 2020.
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18MYR1
]]>Agencies
[Federal Register Volume 85, Number 96 (Monday, May 18, 2020)]
[Rules and Regulations]
[Page 29666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: C1-2020-07109]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1, 5, 8, 9, 12, 13, 15, 19, 22, 25, 30, 50, and 52
[FAC 2020-06; FAR Case 2018-007; Item II; Docket No. FAR-2018-0007;
Sequence No. 1]
RIN 9000-AN67
Federal Acquisition Regulation: Applicability of Inflation
Adjustments of Acquisition-Related Thresholds
Correction
In rule document 2020-07109 appearing on pages 27088-27097 in the
issue of May 6, 2020, make the following correction:
52.212-5 [Corrected]
0
On page 27092, in the third column, Instruction 40 e. for 52.212-5,
should read as set forth below:
0
e. Revising paragraphs (e)(1)(viii) through (x) and the first sentence
of paragraph (e)(1)(xxi); and
[FR Doc. C1-2020-07109 Filed 5-15-20; 8:45 am]
BILLING CODE 1301-00-D
