Investigation Into Conditions Created by Canadian Ballast Water Regulations in the U.S./Canada Great Lakes Trade, 37453-37454 [2020-13313]

Download as PDF Federal Register / Vol. 85, No. 120 / Monday, June 22, 2020 / Notices Federal Communications Commission. Gregory Haledjian, Legal Advisor, Office of the Bureau Chief, Consumer and Governmental Affairs Bureau. [FR Doc. 2020–13372 Filed 6–19–20; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION [GN Docket No. 18–122; DA 20–609; FRS 16871] Order Denying Stay Petition Federal Communications Commission. ACTION: Notice. AGENCY: In this document, the Federal Communications Commission (Commission) denies the Joint Petition for Stay of Report and Order and Order of Proposed Modification Pending Judicial Review of ABS Global Ltd., Empresa Argentina de Soluciones Satelitales S.A., and Hispamar Sate´lites S.A., and Hispasat S.A. DATES: The Order Denying Stay Petition (DA 20–609) was released on June 10, 2020. SUMMARY: Federal Communications Commission, 445 12th Street SW, Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Anna Gentry of the Wireless Telecommunications Bureau, Mobility Division, at (202) 418–7769 or Anna.Gentry@fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of the Order Denying Stay Petition (DA 20–609) released on June 10, 2020. The complete text of the Order is available for viewing via the Commission’s ECFS website by entering the docket number, GN Docket No. 18– 122. The complete text of the Order is also available for public inspection and copying from 8:00 a.m. to 4:30 p.m. Eastern Time (ET) Monday through Thursday or from 8:00 a.m. to 11:30 a.m. ET on Fridays in the FCC Reference Information Center, 445 12th Street SW, Room CY–B402, Washington, DC 20554, telephone 202–488–5300, fax 202–488– 5563, or you may contact BCPI at its website: http://www.BCPIWEB.com. When ordering documents from BCPI, please provide the appropriate FCC document number, for example, DA 20– 609. ADDRESSES: Synopsis On May 15, 2020, ABS Global Ltd., Empresa Argentina de Soluciones Satelitales S.A., and Hispamar Sate´lites S.A., and Hispasat S.A. filed a Joint Petition for Stay Pending Judicial VerDate Sep<11>2014 18:08 Jun 19, 2020 Jkt 250001 Review of the Commission’s Report and Order and Order of Proposed Modification in the above-captioned proceeding. Petitioners asked the Commission to stay the C-band auction and transition process while their challenges to the 3.7 GHz Report and Order are pending before the United States Court of Appeals for the District of Columbia. In their Stay Petition, Petitioners argue that the 3.7 GHz Report and Order will trigger a chain of events—beginning with the May 29, 2020 election by eligible space station operators to relocate on an accelerated basis—that may be irreversible and that will harm them by benefiting competing space station operators that are eligible for relocation and accelerated relocation payments and depriving them of spectrum access rights without compensation. They argue that the Commission exceeded its authority to modify their spectrum access rights, allocated too much money available to certain space station incumbents in the form of accelerated relocation payments and reimbursement of relocation costs associated with new satellites, and arbitrarily excluded Petitioners from receiving any relocation payments. The Commission denies the Stay Petition. First, Petitioners have not shown that they will suffer irreparable harm. The harm that Petitioners allege is not imminent, is conjectural, and consists of economic injuries that are not severe enough to be cognizable as irreparable harm. Second, Petitioners have not shown a likelihood of success on the merits. The Commission addressed Petitioners’ principal arguments at length in the 3.7 GHz Report and Order. The Stay Petition does not persuade the Commission that the Petitioners’ arguments are likely to succeed in court any more than they did before the agency. Third, Petitioners have not shown that the equities favor a stay. Petitioners have not met their burden of showing that the public interest militates in favor of a stay and that others would not be harmed by a stay. Moreover, Petitioners have not shown that the public interest would favor grant of the stay. The Commission’s actions to repurpose the C-band are an indispensable element of its overall strategy of promoting the deployment of fifth generation (5G) wireless services, with millions of jobs, and billions of dollars in economic growth and other public benefits, at stake. Grant of a stay pending judicial review would significantly delay the auction and transition process and harm multiple stakeholders, including prospective bidders and the diverse PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 37453 incumbents involved in the transition process. The cost of such delay and disruption could be enormous. In addition to the public interest harms, grant of a stay would undercut the specific goal of U.S. leadership in 5G and the general goals of the auction program. Accordingly, we conclude that a stay of the Order and Order and Proposed Modification Pending Judicial Review is not warranted. Federal Communications Commission. Amy Brett, Associate Division Chief, Competition and Infrastructure Policy Division, Wireless Telecommunications Bureau. [FR Doc. 2020–13314 Filed 6–19–20; 8:45 am] BILLING CODE 6712–01–P FEDERAL MARITIME COMMISSION [Docket No. 20–10; Petition No. P1–20] Investigation Into Conditions Created by Canadian Ballast Water Regulations in the U.S./Canada Great Lakes Trade Federal Maritime Commission. Notice of investigation and request for comments. AGENCY: ACTION: The Federal Maritime Commission has initiated an investigation into the allegations made in a petition filed by the Lake Carriers’ Association that conditions created by the Government of Canada are unfavorable to shipping in the United States/Canada trade. DATES: Submit comments on or before July 22, 2020. ADDRESSES: You may submit comments, identified by Docket No. 20–10, by the following method: • Email: secretary@fmc.gov. For comments, include in the subject line: ‘‘Docket No. 20–10, Comments on Conditions Created by Canadian Ballast Water Regulations in the U.S./Canada Great Lakes Trade.’’ Comments should be attached to the email as a Microsoft Word or text-searchable PDF document. Docket: For access to the docket to read background documents or public comments received, go to the Commission’s Electronic Reading Room at: www2.fmc.gov/readingroom/ proceeding/20-10/. Unless otherwise directed by the commenter, all comments will be treated as confidential under 46 U.S.C. 42105 and 46 CFR 550.104. FOR FURTHER INFORMATION CONTACT: For questions regarding submitting comments or the treatment of confidential information, contact Rachel E. Dickon, Secretary; Phone: (202) 523– SUMMARY: E:\FR\FM\22JNN1.SGM 22JNN1 37454 Federal Register / Vol. 85, No. 120 / Monday, June 22, 2020 / Notices 5725; Email: secretary@fmc.gov. For technical questions, contact: Peter J. King, Deputy Managing Director; Phone (202) 523–5800; Email: OMD@fmc.gov. SUPPLEMENTARY INFORMATION: I. Introduction On March 6, 2020, the Lake Carriers’ Association (Petitioner), a trade association made up of U.S. owners and operators of vessels serving the Great Lakes (Lakers), filed a petition alleging that conditions created by Transport Canada, an agency of the Government of Canada, are unfavorable to shipping in the United States/Canada trade, pursuant to Section 19(1)(b) of the Merchant Marine Act, 1920 (Section 19) codified in 46 U.S.C. 42101. Section 19 authorizes the Federal Maritime Commission (Commission) to investigate these conditions and to adopt regulations to adjust or meet such conditions. In this instance, Petitioner requests that the Commission adopt regulations in order to remedy a condition it alleges will result in irreparable harm to Petitioner’s members. II. Summary of Petition Petitioner argues that Transport Canada’s proposed regulations to require the installation of ballast water management systems (BWMS) on Laker vessels will effectively drive out U.S.flag vessels from the cross-lakes U.S. export trade to Canada. These regulations, which were proposed by Transport Canada on June 8, 2019, would require Canadian vessels and vessels in waters under Canadian jurisdiction to develop and implement a ballast water management plan and comply with a performance standard that would limit the number of organisms discharged, with a compliance date of September 8, 2024. Ballast Water Regulations, Canada Gazette, Part 1, Vol. 153, No. 23 at 15. The proposed regulations would exempt vessels of a non-signatory party to the International Maritime Organization (IMO) International Convention on the Management of Ships’ Ballast Water and Sediments, such as the United States, if those vessels operate exclusively within the Great Lakes Basin and do not load ballast water from or release ballast water into Canadian waters. Petitioner alleges that this exemption would not apply to its members’ vessels because they need to load ballast water after offloading export cargo at Canadian ports, and that in order for its members’ vessels to comply with the proposed regulations, they would need to install a BWMS on each vessel. VerDate Sep<11>2014 18:08 Jun 19, 2020 Jkt 250001 Petitioner argues that because of the vessel type and age differences between the Canadian and U.S. fleets, the respective costs of implementing the proposed regulations will be very different. Transport Canada estimates the cost of implementing the requirements on all Canadian vessels currently serving the trade would be approximately 632 million Canadian dollars. Petitioner argues that implementing these same regulations on all U.S. vessels currently serving the trade would cost nearly 1.132 billion Canadian dollars. Ultimately, Petitioner argues the proposed regulations will essentially double the U.S. Laker cost of participating in the trade while Canadian carriers would experience a less than 1 Canadian dollar per ton cost increase. Petitioner argues that its members cannot comply with the regulations because of the prohibitive cost, and they cannot avoid the regulations and continue to carry United States exports to Canada because they must load ballast water as they offload cargo at Canadian ports. Petitioner also states that its members cannot operate their vessels outside of the Great Lakes and St. Lawrence River because of their ship design and current U.S. Coast Guard certification is restricted to service on the Great Lakes and St. Lawrence River. Should the regulations be finalized and if U.S. vessels were thereby forced out of the trade, Petitioner contends that Canadian vessels would enjoy a monopoly on the cross-lakes U.S. export trade to Canada. Petitioner argues that prohibiting the loading of ballast water without a BWMS serves no environmental purpose because, unlike discharging ballast water, loading ballast water in Canadian waters does not result in the potential introduction of nonnative organisms into Canadian waters. Petitioner asserts that the regulations serve no environmental purpose and the cost of compliance is prohibitively high for U.S. vessels, and suggests that the real purpose of the regulations is to drive out U.S. vessels from this trade. Petitioner is asking the Commission to issue a regulation to meet the unfair competitive conditions created by Transport Canada. Petitioner has provided a proposed regulation that would assess a fee of 300,000.00 U.S. dollars each time a Canadian vessel enters any U.S. port. III. Investigation and Initial Request for Comments The Commission has reviewed the Petition and determined that it meets the threshold requirements for PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 consideration under the Commission’s regulations. See 46 CFR part 550, subpart D. The Commission has therefore determined to initiate an investigation into whether the proposed Transport Canada regulations create unfavorable conditions to shipping in the foreign trade of the United States. To that end, the Commission has designated the Deputy Managing Director to lead an investigation into the Petitioner’s allegations and to prepare a report on the investigation’s findings and recommendations for Commission consideration. As an initial step in the investigation, interested persons are requested to submit views, arguments and/or data on the Petition. Comments may address any aspect of the Petition. As the Commission proceeds with this investigation, it may determine the need to request additional comment or gather information through other means as authorized under 46 U.S.C. 42104 and 46 CFR part 550. By the Commission. Rachel Dickon, Secretary. [FR Doc. 2020–13313 Filed 6–19–20; 8:45 am] BILLING CODE 6730–02–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [Docket No. NIOSH 278] Board of Scientific Counselors, National Institute for Occupational Safety and Health (BSC, NIOSH) Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS). ACTION: Notice of meeting and request for comment. AGENCY: In accordance with the Federal Advisory Committee Act, the CDC announces the following virtual meeting of the Board of Scientific Counselors, National Institute for Occupational Safety and Health (BSC, NIOSH). This meeting is open to the public, limited only by the availability of telephone ports and webinar capacity. Time will be available for public comment. If you wish to attend by webcast or teleconference, please register at the NIOSH website http:// www.cdc.gov/niosh/bsc/ or call (404– 498–2581) at least five business days in advance of the meeting. SUMMARY: E:\FR\FM\22JNN1.SGM 22JNN1

Agencies

[Federal Register Volume 85, Number 120 (Monday, June 22, 2020)]
[Notices]
[Pages 37453-37454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13313]


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FEDERAL MARITIME COMMISSION

[Docket No. 20-10; Petition No. P1-20]


Investigation Into Conditions Created by Canadian Ballast Water 
Regulations in the U.S./Canada Great Lakes Trade

AGENCY: Federal Maritime Commission.

ACTION: Notice of investigation and request for comments.

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

SUMMARY: The Federal Maritime Commission has initiated an investigation 
into the allegations made in a petition filed by the Lake Carriers' 
Association that conditions created by the Government of Canada are 
unfavorable to shipping in the United States/Canada trade.

DATES: Submit comments on or before July 22, 2020.

ADDRESSES: You may submit comments, identified by Docket No. 20-10, by 
the following method:
     Email: [email protected]. For comments, include in the 
subject line: ``Docket No. 20-10, Comments on Conditions Created by 
Canadian Ballast Water Regulations in the U.S./Canada Great Lakes 
Trade.'' Comments should be attached to the email as a Microsoft Word 
or text-searchable PDF document.
    Docket: For access to the docket to read background documents or 
public comments received, go to the Commission's Electronic Reading 
Room at: www2.fmc.gov/readingroom/proceeding/20-10/.
    Unless otherwise directed by the commenter, all comments will be 
treated as confidential under 46 U.S.C. 42105 and 46 CFR 550.104.

FOR FURTHER INFORMATION CONTACT: For questions regarding submitting 
comments or the treatment of confidential information, contact Rachel 
E. Dickon, Secretary; Phone: (202) 523-

[[Page 37454]]

5725; Email: [email protected]. For technical questions, contact: Peter 
J. King, Deputy Managing Director; Phone (202) 523-5800; Email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    On March 6, 2020, the Lake Carriers' Association (Petitioner), a 
trade association made up of U.S. owners and operators of vessels 
serving the Great Lakes (Lakers), filed a petition alleging that 
conditions created by Transport Canada, an agency of the Government of 
Canada, are unfavorable to shipping in the United States/Canada trade, 
pursuant to Section 19(1)(b) of the Merchant Marine Act, 1920 (Section 
19) codified in 46 U.S.C. 42101. Section 19 authorizes the Federal 
Maritime Commission (Commission) to investigate these conditions and to 
adopt regulations to adjust or meet such conditions. In this instance, 
Petitioner requests that the Commission adopt regulations in order to 
remedy a condition it alleges will result in irreparable harm to 
Petitioner's members.

II. Summary of Petition

    Petitioner argues that Transport Canada's proposed regulations to 
require the installation of ballast water management systems (BWMS) on 
Laker vessels will effectively drive out U.S.-flag vessels from the 
cross-lakes U.S. export trade to Canada. These regulations, which were 
proposed by Transport Canada on June 8, 2019, would require Canadian 
vessels and vessels in waters under Canadian jurisdiction to develop 
and implement a ballast water management plan and comply with a 
performance standard that would limit the number of organisms 
discharged, with a compliance date of September 8, 2024. Ballast Water 
Regulations, Canada Gazette, Part 1, Vol. 153, No. 23 at 15.
    The proposed regulations would exempt vessels of a non-signatory 
party to the International Maritime Organization (IMO) International 
Convention on the Management of Ships' Ballast Water and Sediments, 
such as the United States, if those vessels operate exclusively within 
the Great Lakes Basin and do not load ballast water from or release 
ballast water into Canadian waters. Petitioner alleges that this 
exemption would not apply to its members' vessels because they need to 
load ballast water after offloading export cargo at Canadian ports, and 
that in order for its members' vessels to comply with the proposed 
regulations, they would need to install a BWMS on each vessel.
    Petitioner argues that because of the vessel type and age 
differences between the Canadian and U.S. fleets, the respective costs 
of implementing the proposed regulations will be very different. 
Transport Canada estimates the cost of implementing the requirements on 
all Canadian vessels currently serving the trade would be approximately 
632 million Canadian dollars. Petitioner argues that implementing these 
same regulations on all U.S. vessels currently serving the trade would 
cost nearly 1.132 billion Canadian dollars. Ultimately, Petitioner 
argues the proposed regulations will essentially double the U.S. Laker 
cost of participating in the trade while Canadian carriers would 
experience a less than 1 Canadian dollar per ton cost increase.
    Petitioner argues that its members cannot comply with the 
regulations because of the prohibitive cost, and they cannot avoid the 
regulations and continue to carry United States exports to Canada 
because they must load ballast water as they offload cargo at Canadian 
ports. Petitioner also states that its members cannot operate their 
vessels outside of the Great Lakes and St. Lawrence River because of 
their ship design and current U.S. Coast Guard certification is 
restricted to service on the Great Lakes and St. Lawrence River. Should 
the regulations be finalized and if U.S. vessels were thereby forced 
out of the trade, Petitioner contends that Canadian vessels would enjoy 
a monopoly on the cross-lakes U.S. export trade to Canada.
    Petitioner argues that prohibiting the loading of ballast water 
without a BWMS serves no environmental purpose because, unlike 
discharging ballast water, loading ballast water in Canadian waters 
does not result in the potential introduction of nonnative organisms 
into Canadian waters. Petitioner asserts that the regulations serve no 
environmental purpose and the cost of compliance is prohibitively high 
for U.S. vessels, and suggests that the real purpose of the regulations 
is to drive out U.S. vessels from this trade.
    Petitioner is asking the Commission to issue a regulation to meet 
the unfair competitive conditions created by Transport Canada. 
Petitioner has provided a proposed regulation that would assess a fee 
of 300,000.00 U.S. dollars each time a Canadian vessel enters any U.S. 
port.

III. Investigation and Initial Request for Comments

    The Commission has reviewed the Petition and determined that it 
meets the threshold requirements for consideration under the 
Commission's regulations. See 46 CFR part 550, subpart D. The 
Commission has therefore determined to initiate an investigation into 
whether the proposed Transport Canada regulations create unfavorable 
conditions to shipping in the foreign trade of the United States. To 
that end, the Commission has designated the Deputy Managing Director to 
lead an investigation into the Petitioner's allegations and to prepare 
a report on the investigation's findings and recommendations for 
Commission consideration.
    As an initial step in the investigation, interested persons are 
requested to submit views, arguments and/or data on the Petition. 
Comments may address any aspect of the Petition.
    As the Commission proceeds with this investigation, it may 
determine the need to request additional comment or gather information 
through other means as authorized under 46 U.S.C. 42104 and 46 CFR part 
550.

    By the Commission.
Rachel Dickon,
Secretary.
[FR Doc. 2020-13313 Filed 6-19-20; 8:45 am]
BILLING CODE 6730-02-P