Requested Administrative Waiver of the Coastwise Trade Laws: Vessel TOURBILLION (Motor Vessel); Invitation for Public Comments, 51147-51148 [2020-18072]

Download as PDF Federal Register / Vol. 85, No. 161 / Wednesday, August 19, 2020 / Notices show the amount the shipper is paying the broker. SBTC further states that the provisions in 49 CFR 371.3 should be strengthened to stop this abuse, noting: While the SBTC does not seek to return to economic regulation to limit the amounts or percentages brokers earn and believe this should be left to the free market—much like we wouldn’t want carriers’ revenue to suddenly be limited, transparency is essential in making sure market forces operate ethically and fairly. We believe FMCSA should enforce its rule and act to terminate this abuse by big brokers in the marketplace. jbell on DSKJLSW7X2PROD with NOTICES A copy of SBTC’s petition is included in the docket for this notice. II. Request for Public Comments Petitions for rulemaking are governed by DOT regulations codified at 49 CFR 5.13 and FMCSA regulations at 49 CFR 389.31 and 389.33. While these regulations do not require FMCSA to publish a notice in the Federal Register seeking public comments, FMCSA believes that taking this action would provide a means of engaging stakeholders in the process for assessing the need for a rulemaking. FMCSA therefore requests public comments on OOIDA’s and SBTC’s petitions for rulemaking. The Agency seeks public feedback concerning its statutory authority to require that brokers disclose certain financial details about transactions to motor carriers, and further seeks comments on whether a regulatory action would provide an effective solution to the problem described. Commenters are encouraged to provide responses to the following questions: 1. FMCSA has authority under 49 U.S.C. 14122(a) to require the form of records to be prepared or compiled by carriers and brokers, the Agency’s right of inspection under 49 U.S.C. 14122(b), its authority to prescribe time periods for preservation of records under 49 U.S.C. 14122(c), and its authority to require annual financial reports from motor carriers, freight forwarders and brokers. FMCSA also has discretionary authority to prescribe regulations to carry out the provisions of 49 U.S.C. 13101–14916 that govern the commercial aspects of motor carrier and broker transportation. 49 U.S.C. 13301(a). Section 13301(a) is the statutory successor to former 49 U.S.C. 10321, which the ICC relied on in 1980 in prescribing the regulations later redesignated as part 371. In light of the significant statutory changes reducing the scope of regulatory authority over commercial transportation that have occurred since 1980, what statutory provisions, if any, would be carried out VerDate Sep<11>2014 16:34 Aug 18, 2020 Jkt 250001 by the regulatory changes requested by the petitioners? In particular, how would a rule restricting the rights of private parties from including certain terms in their agreements align with the Agency’s statutory authority? 2. How would a rulemaking expanding FMCSA’s role in enforcement of the requirement mandating that brokers automatically disclose financial details about each transaction to the respective motor carrier transporting the load, as requested in the OOIDA and SBTC petitions, align with the statutes identified above? What measures could FMCSA take to ensure that regulatory action in this area is an appropriate exercise of the Agency’s authority? 3. Are the transparency issues raised by OOIDA and SBTC limited to small brokers or large brokers (e.g., brokers with revenues above a certain threshold, brokers with a certain number of transactions, etc.) or are they more widespread such that the rulemaking should cover all brokers, regardless of size? 4. If the transparency issues are primarily associated with large brokers, what revenue threshold should the FMCSA consider for the applicability of any new requirements, and how would the Agency obtain accurate information about brokers’ revenues? 5. The OOIDA petition requested that brokers provide information to motor carriers automatically and electronically. The Agency requests commenters to provide their views on the most efficient and effective means of accomplishing this request. Should each broker have, for example, a stand-alone system with motor carriers receiving an email from the broker after the contractual service has been completed, or should brokers be allowed to satisfy the request with partnerships or networks through which registered brokers would upload transaction information which would then be automatically transmitted via the network to the registered carrier associated with the transaction? 6. The OOIDA petition request that FMCSA require brokers to provide transaction information automatically within 48 hours of the completion of the contractual services would likely require information technology (IT) resources that are currently not in use. FMCSA requests that commenters provide cost estimates for implementing an IT solution to accomplish OOIDA’s request, either through stand-alone systems run by individual brokers, or systems operated by groups of brokers notifying the individual carriers PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 51147 utilizing any of the brokers within the group. 7. Please provide a quantitative estimate of the economic benefits that would likely be achieved by motor carriers if FMCSA adopted the rules OOIDA and SBTC requests. How much additional revenue might motor carriers receive on a per-transaction basis? 8. Please provide a quantitative estimate of the economic costs to brokers or others if FMCSA adopted the rules OOIDA and SBTC request. How much profit reduction on a pertransaction basis would brokers experience, and what percentage of the costs would be passed through to shippers or motor carriers? Issued under authority delegated in 49 CFR 1.87. Heather Eilers-Bowser, Chief Counsel. [FR Doc. 2020–18130 Filed 8–18–20; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2020–0112] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel TOURBILLION (Motor Vessel); Invitation for Public Comments Maritime Administration, Transportation (DOT). ACTION: Notice. AGENCY: The Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.build requirements of the coastwise trade laws to allow the carriage of no more than twelve passengers for hire on vessels, which are three years old or more. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. DATES: Submit comments on or before September 18, 2020. ADDRESSES: You may submit comments identified by DOT Docket Number MARAD–2020–0112 by any one of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Search MARAD–2020–0112 and follow the instructions for submitting comments. • Mail or Hand Delivery: Docket Management Facility is in the West Building, Ground Floor of the U.S. Department of Transportation. The Docket Management Facility location address is: U.S. Department of SUMMARY: E:\FR\FM\19AUN1.SGM 19AUN1 51148 Federal Register / Vol. 85, No. 161 / Wednesday, August 19, 2020 / Notices Transportation, MARAD–2020–0112, 1200 New Jersey Avenue SE, West Building, Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except on Federal holidays. jbell on DSKJLSW7X2PROD with NOTICES Note: If you mail or hand-deliver your comments, we recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. Instructions: All submissions received must include the agency name and specific docket number. All comments received will be posted without change to the docket at www.regulations.gov, including any personal information provided. For detailed instructions on submitting comments, see the section entitled Public Participation. FOR FURTHER INFORMATION CONTACT: Bianca Carr, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE, Room W23–453, Washington, DC 20590. Telephone 202– 366–9309, Email Bianca.carr@dot.gov. SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel TOURBILLION is: —Intended Commercial Use of Vessel: ‘‘Will be using this vessel for Charter, Sport Fishing and Sightseeing.’’ —Geographic Region Including Base of Operations: ‘‘California, Washington, Oregon, Alaska (excluding Southeast Alaska)’’ (Base of Operations: Portland, OR) —Vessel Length and Type: 75′ motor vessel The complete application is available for review identified in the DOT docket as MARAD–2020–0112 at http:// www.regulations.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR part 388, that the issuance of the waiver will have an unduly adverse effect on a U.S.vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the vessel name, state the commenter’s interest in the waiver application, and address the waiver criteria given in section 388.4 of MARAD’s regulations at 46 CFR part 388. Public Participation How do I submit comments? Please submit your comments, including the attachments, following the VerDate Sep<11>2014 16:34 Aug 18, 2020 Jkt 250001 instructions provided under the above heading entitled ADDRESSES. Be advised that it may take a few hours or even days for your comment to be reflected on the docket. In addition, your comments must be written in English. We encourage you to provide concise comments and you may attach additional documents as necessary. There is no limit on the length of the attachments. (Authority: 49 CFR 1.93(a), 46 U.S.C. § 55103, 46 U.S.C. § 12121) Where do I go to read public comments, and find supporting information? DEPARTMENT OF TRANSPORTATION Go to the docket online at http:// www.regulations.gov, keyword search MARAD–2020–0112 or visit the Docket Management Facility (see ADDRESSES for hours of operation). We recommend that you periodically check the Docket for new submissions and supporting material. Will my comments be made available to the public? Yes. Be aware that your entire comment, including your personal identifying information, will be made publicly available. May I submit comments confidentially? If you wish to submit comments under a claim of confidentiality, you should submit three copies of your complete submission, including the information you claim to be confidential business information, to the Department of Transportation, Maritime Administration, Office of Legislation and Regulations, MAR–225, W24–220, 1200 New Jersey Avenue SE, Washington, DC 20590. Include a cover letter setting forth with specificity the basis for any such claim and, if possible, a summary of your submission that can be made available to the public. Privacy Act In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, to www.regulations.gov, as described in the system of records notice, DOT/ALL–14 FDMS, accessible through www.dot.gov/privacy. To facilitate comment tracking and response, we encourage commenters to provide their name, or the name of their organization; however, submission of names is completely optional. Whether or not commenters identify themselves, all timely comments will be fully considered. If you wish to provide comments containing proprietary or confidential information, please contact the agency for alternate submission instructions. PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 * * * Dated: August 13, 2020. By Order of the Maritime Administrator. T. Mitchell Hudson, Jr., Secretary, Maritime Administration. [FR Doc. 2020–18072 Filed 8–18–20; 8:45 am] BILLING CODE 4910–81–P Maritime Administration [Docket No. MARAD–2020–0111] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel WINDSONG (Sailing Vessel); Invitation for Public Comments Maritime Administration, DOT. Notice. AGENCY: ACTION: The Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.build requirements of the coastwise trade laws to allow the carriage of no more than twelve passengers for hire on vessels, which are three years old or more. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. DATES: Submit comments on or before September 18, 2020. ADDRESSES: You may submit comments identified by DOT Docket Number MARAD–2020–0111 by any one of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Search MARAD–2020–0111 and follow the instructions for submitting comments. • Mail or Hand Delivery: Docket Management Facility is in the West Building, Ground Floor of the U.S. Department of Transportation. The Docket Management Facility location address is: U.S. Department of Transportation, MARAD–2020–0111, 1200 New Jersey Avenue SE, West Building, Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except on Federal holidays. SUMMARY: Note: If you mail or hand-deliver your comments, we recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. Instructions: All submissions received must include the agency name and specific docket number. All comments E:\FR\FM\19AUN1.SGM 19AUN1

Agencies

[Federal Register Volume 85, Number 161 (Wednesday, August 19, 2020)]
[Notices]
[Pages 51147-51148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18072]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket No. MARAD-2020-0112]


Requested Administrative Waiver of the Coastwise Trade Laws: 
Vessel TOURBILLION (Motor Vessel); Invitation for Public Comments

AGENCY: Maritime Administration, Transportation (DOT).

ACTION: Notice.

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

SUMMARY: The Secretary of Transportation, as represented by the 
Maritime Administration (MARAD), is authorized to grant waivers of the 
U.S.-build requirements of the coastwise trade laws to allow the 
carriage of no more than twelve passengers for hire on vessels, which 
are three years old or more. A request for such a waiver has been 
received by MARAD. The vessel, and a brief description of the proposed 
service, is listed below.

DATES: Submit comments on or before September 18, 2020.

ADDRESSES: You may submit comments identified by DOT Docket Number 
MARAD-2020-0112 by any one of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Search MARAD-2020-0112 and follow the instructions 
for submitting comments.
     Mail or Hand Delivery: Docket Management Facility is in 
the West Building, Ground Floor of the U.S. Department of 
Transportation. The Docket Management Facility location address is: 
U.S. Department of

[[Page 51148]]

Transportation, MARAD-2020-0112, 1200 New Jersey Avenue SE, West 
Building, Room W12-140, Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except on Federal holidays.

    Note: If you mail or hand-deliver your comments, we recommend 
that you include your name and a mailing address, an email address, 
or a telephone number in the body of your document so that we can 
contact you if we have questions regarding your submission.

    Instructions: All submissions received must include the agency name 
and specific docket number. All comments received will be posted 
without change to the docket at www.regulations.gov, including any 
personal information provided. For detailed instructions on submitting 
comments, see the section entitled Public Participation.

FOR FURTHER INFORMATION CONTACT: Bianca Carr, U.S. Department of 
Transportation, Maritime Administration, 1200 New Jersey Avenue SE, 
Room W23-453, Washington, DC 20590. Telephone 202-366-9309, Email 
[email protected].

SUPPLEMENTARY INFORMATION: As described by the applicant the intended 
service of the vessel TOURBILLION is:

--Intended Commercial Use of Vessel: ``Will be using this vessel for 
Charter, Sport Fishing and Sightseeing.''
--Geographic Region Including Base of Operations: ``California, 
Washington, Oregon, Alaska (excluding Southeast Alaska)'' (Base of 
Operations: Portland, OR)
--Vessel Length and Type: 75' motor vessel

    The complete application is available for review identified in the 
DOT docket as MARAD-2020-0112 at http://www.regulations.gov. Interested 
parties may comment on the effect this action may have on U.S. vessel 
builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD 
determines, in accordance with 46 U.S.C. 12121 and MARAD's regulations 
at 46 CFR part 388, that the issuance of the waiver will have an unduly 
adverse effect on a U.S.-vessel builder or a business that uses U.S.-
flag vessels in that business, a waiver will not be granted. Comments 
should refer to the vessel name, state the commenter's interest in the 
waiver application, and address the waiver criteria given in section 
388.4 of MARAD's regulations at 46 CFR part 388.

Public Participation

How do I submit comments?

    Please submit your comments, including the attachments, following 
the instructions provided under the above heading entitled ADDRESSES. 
Be advised that it may take a few hours or even days for your comment 
to be reflected on the docket. In addition, your comments must be 
written in English. We encourage you to provide concise comments and 
you may attach additional documents as necessary. There is no limit on 
the length of the attachments.

Where do I go to read public comments, and find supporting information?

    Go to the docket online at http://www.regulations.gov, keyword 
search MARAD-2020-0112 or visit the Docket Management Facility (see 
ADDRESSES for hours of operation). We recommend that you periodically 
check the Docket for new submissions and supporting material.

Will my comments be made available to the public?

    Yes. Be aware that your entire comment, including your personal 
identifying information, will be made publicly available.

May I submit comments confidentially?

    If you wish to submit comments under a claim of confidentiality, 
you should submit three copies of your complete submission, including 
the information you claim to be confidential business information, to 
the Department of Transportation, Maritime Administration, Office of 
Legislation and Regulations, MAR-225, W24-220, 1200 New Jersey Avenue 
SE, Washington, DC 20590. Include a cover letter setting forth with 
specificity the basis for any such claim and, if possible, a summary of 
your submission that can be made available to the public.

Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT posts these 
comments, without edit, to www.regulations.gov, as described in the 
system of records notice, DOT/ALL-14 FDMS, accessible through 
www.dot.gov/privacy. To facilitate comment tracking and response, we 
encourage commenters to provide their name, or the name of their 
organization; however, submission of names is completely optional. 
Whether or not commenters identify themselves, all timely comments will 
be fully considered. If you wish to provide comments containing 
proprietary or confidential information, please contact the agency for 
alternate submission instructions.

    (Authority: 49 CFR 1.93(a), 46 U.S.C. Sec.  55103, 46 U.S.C. 
Sec.  12121)

    * * *

    Dated: August 13, 2020.

    By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2020-18072 Filed 8-18-20; 8:45 am]
BILLING CODE 4910-81-P