Temporary Exemption from Certain Service Contract Requirements, 63274-63275 [2020-22106]

Download as PDF 63274 Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Notices challenges facing households during the pandemic. The agenda may be subject to change. Any changes to the agenda will be announced at the beginning of the meeting. Type of Meeting: This meeting of the Advisory Committee on Economic Inclusion will be Webcast live via the internet http://fdic.windrosemedia.com. For optimal viewing, a high-speed internet connection is recommended. total annual costs from the previous estimates, based on licensing data for calendar year 2019. Federal Communications Commission. Marlene Dortch, Secretary, Office of the Secretary. [FR Doc. 2020–21492 Filed 10–6–20; 8:45 am] BILLING CODE 6712–01–P FEDERAL DEPOSIT INSURANCE CORPORATION FDIC Advisory Committee on Economic Inclusion (ComE–IN); Notice of Meeting Federal Deposit Insurance Corporation. Dated at Washington, DC, on October 2, 2020. Robert E. Feldman, Executive Secretary. Federal Deposit Insurance Corporation (FDIC). ACTION: Notice of open meeting. [FR Doc. 2020–22143 Filed 10–6–20; 8:45 am] In accordance with the Federal Advisory Committee Act, notice is hereby given of a meeting of the FDIC Advisory Committee on Economic Inclusion. The Advisory Committee will provide advice and recommendations on initiatives to expand access to banking services by underserved populations. The meeting is open to the public. Out of an abundance of caution related to current and potential coronavirus developments, the public’s means to observe this Advisory Committee on Economic Inclusion meeting will be via a Webcast live on the internet. In addition, the meeting will be recorded and subsequently made available on-demand approximately two weeks after the event. To view the live event, visit http:// fdic.windrosemedia.com. To view the recording, visit http:// fdic.windrosemedia.com/index.php.old? category=Advisory+Committee+ on+Economic+Inclusion+(Come-IN). If you require a reasonable accommodation to participate, please contact DisabilityProgram@fdic.gov or call 703–562–2096 to make necessary arrangements. DATES: Thursday, October 22, 2020, from approximately 1:00 p.m. to 5:00 p.m., EDST. FOR FURTHER INFORMATION CONTACT: Requests for further information concerning the meeting may be directed to Mr. Robert E. Feldman, Committee Management Officer of the FDIC, at (202) 898–7043. SUPPLEMENTARY INFORMATION: Agenda: The agenda will focus on updates from the committee members about key challenges facing their communities or organizations, results of the 2019 Household Survey of the Underbanked, and other various reports relating to the financial condition of and FEDERAL MARITIME COMMISSION AGENCY: SUMMARY: VerDate Sep<11>2014 17:21 Oct 06, 2020 Jkt 253001 BILLING CODE 6714–01–P Notice of Agreements Filed The Commission hereby gives notice of the filing of the following agreements under the Shipping Act of 1984. Interested parties may submit comments, relevant information, or documents regarding the agreements to the Secretary by email at Secretary@ fmc.gov, or by mail, Federal Maritime Commission, Washington, DC 20573. Comments will be most helpful to the Commission if received within 12 days of the date this notice appears in the Federal Register. Copies of agreements are available through the Commission’s website (www.fmc.gov) or by contacting the Office of Agreements at (202)–523– 5793 or tradeanalysis@fmc.gov. Agreement No.: 201348. Agreement Name: APL/Swire Guam, Saipan—S. Korea, Japan Slot Charter Agreement. Parties: American President Lines, LLC and The China Navigation Co. Pte. Ltd. d/b/a Swire Shipping. Filing Party: Patricia O’Neill, American President Lines, LLC. Synopsis: The agreement authorizes APL to charter space to SWIRE in the trade between ports in Guam, Saipan, South Korea and Japan. Proposed Effective Date: 9/29/2020. Location: https://www2.fmc.gov/ FMC.Agreements.Web/Public/ AgreementHistory/34502. Agreement No.: 201349. Agreement Name: World Shipping Council Agreement. Parties: COSCO SHIPPING Lines Co., Ltd., COSCO SHIPPING Lines (Europe) Gmbh; Orient Overseas Container Line Ltd., and OOCL (Europe) Limited (acting as a single party); CMA CGM S.A., APL Co. Pte. Ltd., American President Lines, LLC and ANL PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 Singapore Pte. Ltd. (acting as a single party); Crowley Caribbean Services, LLC and Crowley Latin America Services, LLC (acting as a single party); Evergreen Marine Corporation (Taiwan) Ltd.; Hapag-Lloyd AG; HMM Company Limited; Independent Container Line, Ltd.; Kawasaki Kisen Kaisha; Maersk A/ S and Hamburg Sud (acting as a single party); MSC Mediterranean Shipping Company SA; Mitsui O.S.K. Lines Ltd.; Nippon Yusen Kaisha; Ocean Network Express Pte. Ltd.; Wallenius Wilhelmsen Ocean AS; Wan Hai Lines Ltd. and Wan Hai Lines (Singapore) Pte. Ltd.; Yang Ming Marine Transport Corp; and Zim Integrated Shipping Services, Ltd. Filing Party: Robert Magovern; Cozen O’Connor. Synopsis: The Agreement authorizes the parties to discuss, communicate, and cooperate on environmental and climate-related matters, legal and regulatory matters, and industry positions to be taken with respect to international treaties, governmental requirements, and safety and security matters. Proposed Effective Date: 11/15/2020. Location: https://www2.fmc.gov/ FMC.Agreements.Web/Public/ AgreementHistory/34503. Dated: October 2, 2020. Rachel Dickon, Secretary. [FR Doc. 2020–22146 Filed 10–6–20; 8:45 am] BILLING CODE 6730–02–P FEDERAL MARITIME COMMISSION [Docket No. 20–06] Temporary Exemption from Certain Service Contract Requirements Served: October 1, 2020. By the Commission: Michael A. KHOURI, Chairman, Rebecca F. DYE, Daniel B. MAFFEI, Louis E. SOLA, Carl W. BENTZEL, Commissioners. Order Granting Extension of Exemption Under 46 CFR 530.8(a)(1) carriers must file original service contracts (as opposed to an amendment) with the Commission ‘‘before any cargo moves pursuant to that service contract.’’ In addition, § 530.8(b) requires that each original contract include, among other terms, an effective date that is no earlier than the filing date. See §§ 530.3(i) (defining ‘‘effective date’’ for original service contracts and amendments); 530.8(b)(8)(i) (requiring every service contract to include its effective date). Similarly, § 530.14(a) provides that ‘‘[p]erformance under an original E:\FR\FM\07OCN1.SGM 07OCN1 Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Notices service contract may not begin before the day it is effective and filed with the Commission.’’ 1 On April 27, 2020, the Federal Maritime Commission published an Order to temporarily allow parties to file service contracts up to 30 days after they take effect. The Order made the relief effective immediately and lasting through December 31, 2020. The Commission noted in its Order that it might consider extending this exemption, as necessary, to address the continuing effects of the COVID–19 pandemic. In the interest of providing certainty and stability to supply chain stakeholders, the Commission believes it is necessary to extend this exemption until June 1, 2021. The temporary exemption was designed to help relieve coronavirus disease 2019 (COVID–19) impacts to the supply chain. COVID–19 has placed increased stresses and burdens on carriers and their customers. As noted in the Order of April 27, 2020, an increasing number of businesses have been working remotely as a result of social distancing guidance and stay-athome orders. The Commission understands that for some entities, this situation, combined with other COVID– 19–related disruptions to commercial operations, has made complying with service contract filing requirements difficult. This situation continues to exist and may continue to affect business operations. The benefits of relief from service contract filing requirements were identified by the Fact Finding 29 Supply Chain Innovation Teams working under the direction of the Fact Finding Officer.2 A unifying theme in the initial meetings of the Supply Chain Innovation Teams was that service contract negotiations are being disrupted for a variety of COVID–19 related causes. Teleworking arrangements complicate negotiations between carriers and shippers and that will continue to be true into the 2021 contract negotiation season. Additionally, some businesses continue to be technologically challenged to file service contracts from locations other than their offices. Individual shippers identified the importance for supply chain efficiency of relief from service 1 In contrast, the Commission’s regulations provide more flexibility to service contract amendments, which can be filed within 30 days after the amendment’s effective date. See §§ 530.3(i); 530.8(a)(2); 530.8(b)(8)(i); 530.14(a). 2 The Commission initiated Fact Finding No. 29, International Ocean Transportation Supply Chain Engagement, to identify operational solutions to cargo delivery system challenges related to Coronavirus–19. VerDate Sep<11>2014 17:21 Oct 06, 2020 Jkt 253001 contract filing and regulatory certainty upon which to make operational changes. Based on Fact Finding 29’s findings and recommendations, stakeholder interest, and in light of ongoing challenges presented by the pandemic and necessary changes to business operations, the Commission continues to believe that flexibility in service contract filing requirements provided by extension of the exemption will allow industry to continue adapting to market conditions, while still providing the Commission information necessary to assure competition and integrity for America’s ocean supply chain. This extension is also temporary and will remain in effect only until June 1, 2021. Exemptions from the requirements of Part 530 are governed by 46 CFR 530.13(b). Under this authority, the Commission may exempt any specified activity of persons subject to the Shipping Act from the requirements of Part 530 if the Commission finds that the exemption will not result in substantial reduction in competition or be detrimental to commerce. § 530.13(b) (incorporating 46 U.S.C. 40103(a) and 46 CFR 502.10, 502.92). The Commission has previously allowed for exemptions from the service contract regulations in exigent circumstances where the exemption meets the criteria in 46 U.S.C. 40103(a). See Pet. of Maersk Line A/S for an Exemption from 46 CFR 530.8, Pet. No. P1–17 (FMC July 19, 2017); Petition of COSCO Container Lines Company Ltd., 34 S.R.R. 97 (FMC 2016); Petition of Crowley Caribbean Servs., LLC, 33 S.R.R. 1461 (FMC 2016); Petition of Compan˜ı´a Sud Americana de Vapores S.A., 33 S.R.R. 934 (FMC 2015); Petition of Hanjin Shipping Co., Ltd., 31 S.R.R. 1080 (FMC 2009). Based on experience with the temporary exemption currently in place, the Commission concludes that extending the temporary exemption from certain requirements for original service contracts in §§ 530.3, 530.8, and § 530.14 until June 1, 2021, subject to certain conditions, will continue to reduce the filing burdens on the industry and will not result in a substantial reduction in competition or be detrimental to commerce. This exemption extension remains subject to the condition that original service contracts continue to be filed with the Commission. As is the case for service contract amendments, however, that filing may now be delayed up to 30 days after the effective date. The Commission has determined that these conditions PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 63275 will minimize any potential negative effects on competition or commerce. Although the Commission’s Rules of Practice and Procedure normally require notice and an opportunity for a hearing be afforded to interested parties (including publication in the Federal Register of a notice of the proposed exemption and request for comments), see 46 CFR 502.92(c)–(d); 530.13(b) (cross-referencing § 502.92), the Commission may waive these requirements for regulatory exemptions to prevent undue hardship, manifest injustice, or if the expeditious conduct of business so requires. See 46 CFR 502.10; 530.13(b) (cross-referencing § 502.10). Given the immediate need for regulatory relief in light of the COVID– 19 pandemic and its effects on commercial operations, the Commission has determined that waiving the notice and hearing requirements in § 502.92 is necessary to prevent undue hardship and is required for the expeditious conduct of Commission business. Therefore it is ordered, that an extension of the temporary exemption from the requirements of 46 CFR 530.3(i); 530.8(a)(1), (b)(8)(i); and 530.14(a) for original service contracts is GRANTED, provided that: 1. Authorized persons must file with the Commission, in the manner set forth in appendix A of 46 CFR part 530, a true and complete copy of every original service contract no later than thirty (30) days after any cargo moves pursuant to that service contract; 2. Every original service contract filed with the Commission must include the effective date, which may be no more than thirty (30) calendar days prior to the filing date with the Commission; and 3. Performance under an original service contract may not begin until the day it is effective, provided that the service contract is filed with the Commission no later than thirty (30) calendar days after the effective date. It is further ordered, that this temporary exemption will remain in effect until June 1, 2021. By the Commission. Rachel Dickon, Secretary. [FR Doc. 2020–22106 Filed 10–6–20; 8:45 am] BILLING CODE 6730–02–P FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, E:\FR\FM\07OCN1.SGM 07OCN1

Agencies

[Federal Register Volume 85, Number 195 (Wednesday, October 7, 2020)]
[Notices]
[Pages 63274-63275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22106]


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

FEDERAL MARITIME COMMISSION

[Docket No. 20-06]


Temporary Exemption from Certain Service Contract Requirements

Served: October 1, 2020.

By the Commission: Michael A. KHOURI, Chairman, Rebecca F. DYE, Daniel 
B. MAFFEI, Louis E. SOLA, Carl W. BENTZEL, Commissioners.

Order Granting Extension of Exemption

    Under 46 CFR 530.8(a)(1) carriers must file original service 
contracts (as opposed to an amendment) with the Commission ``before any 
cargo moves pursuant to that service contract.'' In addition, Sec.  
530.8(b) requires that each original contract include, among other 
terms, an effective date that is no earlier than the filing date. See 
Sec. Sec.  530.3(i) (defining ``effective date'' for original service 
contracts and amendments); 530.8(b)(8)(i) (requiring every service 
contract to include its effective date). Similarly, Sec.  530.14(a) 
provides that ``[p]erformance under an original

[[Page 63275]]

service contract may not begin before the day it is effective and filed 
with the Commission.'' \1\
---------------------------------------------------------------------------

    \1\ In contrast, the Commission's regulations provide more 
flexibility to service contract amendments, which can be filed 
within 30 days after the amendment's effective date. See Sec. Sec.  
530.3(i); 530.8(a)(2); 530.8(b)(8)(i); 530.14(a).
---------------------------------------------------------------------------

    On April 27, 2020, the Federal Maritime Commission published an 
Order to temporarily allow parties to file service contracts up to 30 
days after they take effect. The Order made the relief effective 
immediately and lasting through December 31, 2020. The Commission noted 
in its Order that it might consider extending this exemption, as 
necessary, to address the continuing effects of the COVID-19 pandemic. 
In the interest of providing certainty and stability to supply chain 
stakeholders, the Commission believes it is necessary to extend this 
exemption until June 1, 2021.
    The temporary exemption was designed to help relieve coronavirus 
disease 2019 (COVID-19) impacts to the supply chain. COVID-19 has 
placed increased stresses and burdens on carriers and their customers. 
As noted in the Order of April 27, 2020, an increasing number of 
businesses have been working remotely as a result of social distancing 
guidance and stay-at-home orders. The Commission understands that for 
some entities, this situation, combined with other COVID-19-related 
disruptions to commercial operations, has made complying with service 
contract filing requirements difficult. This situation continues to 
exist and may continue to affect business operations.
    The benefits of relief from service contract filing requirements 
were identified by the Fact Finding 29 Supply Chain Innovation Teams 
working under the direction of the Fact Finding Officer.\2\ A unifying 
theme in the initial meetings of the Supply Chain Innovation Teams was 
that service contract negotiations are being disrupted for a variety of 
COVID-19 related causes. Teleworking arrangements complicate 
negotiations between carriers and shippers and that will continue to be 
true into the 2021 contract negotiation season. Additionally, some 
businesses continue to be technologically challenged to file service 
contracts from locations other than their offices. Individual shippers 
identified the importance for supply chain efficiency of relief from 
service contract filing and regulatory certainty upon which to make 
operational changes.
---------------------------------------------------------------------------

    \2\ The Commission initiated Fact Finding No. 29, International 
Ocean Transportation Supply Chain Engagement, to identify 
operational solutions to cargo delivery system challenges related to 
Coronavirus-19.
---------------------------------------------------------------------------

    Based on Fact Finding 29's findings and recommendations, 
stakeholder interest, and in light of ongoing challenges presented by 
the pandemic and necessary changes to business operations, the 
Commission continues to believe that flexibility in service contract 
filing requirements provided by extension of the exemption will allow 
industry to continue adapting to market conditions, while still 
providing the Commission information necessary to assure competition 
and integrity for America's ocean supply chain.
    This extension is also temporary and will remain in effect only 
until June 1, 2021.
    Exemptions from the requirements of Part 530 are governed by 46 CFR 
530.13(b). Under this authority, the Commission may exempt any 
specified activity of persons subject to the Shipping Act from the 
requirements of Part 530 if the Commission finds that the exemption 
will not result in substantial reduction in competition or be 
detrimental to commerce. Sec.  530.13(b) (incorporating 46 U.S.C. 
40103(a) and 46 CFR 502.10, 502.92).
    The Commission has previously allowed for exemptions from the 
service contract regulations in exigent circumstances where the 
exemption meets the criteria in 46 U.S.C. 40103(a). See Pet. of Maersk 
Line A/S for an Exemption from 46 CFR 530.8, Pet. No. P1-17 (FMC July 
19, 2017); Petition of COSCO Container Lines Company Ltd., 34 S.R.R. 97 
(FMC 2016); Petition of Crowley Caribbean Servs., LLC, 33 S.R.R. 1461 
(FMC 2016); Petition of Compa[ntilde][iacute]a Sud Americana de Vapores 
S.A., 33 S.R.R. 934 (FMC 2015); Petition of Hanjin Shipping Co., Ltd., 
31 S.R.R. 1080 (FMC 2009).
    Based on experience with the temporary exemption currently in 
place, the Commission concludes that extending the temporary exemption 
from certain requirements for original service contracts in Sec. Sec.  
530.3, 530.8, and Sec.  530.14 until June 1, 2021, subject to certain 
conditions, will continue to reduce the filing burdens on the industry 
and will not result in a substantial reduction in competition or be 
detrimental to commerce. This exemption extension remains subject to 
the condition that original service contracts continue to be filed with 
the Commission. As is the case for service contract amendments, 
however, that filing may now be delayed up to 30 days after the 
effective date. The Commission has determined that these conditions 
will minimize any potential negative effects on competition or 
commerce.
    Although the Commission's Rules of Practice and Procedure normally 
require notice and an opportunity for a hearing be afforded to 
interested parties (including publication in the Federal Register of a 
notice of the proposed exemption and request for comments), see 46 CFR 
502.92(c)-(d); 530.13(b) (cross-referencing Sec.  502.92), the 
Commission may waive these requirements for regulatory exemptions to 
prevent undue hardship, manifest injustice, or if the expeditious 
conduct of business so requires. See 46 CFR 502.10; 530.13(b) (cross-
referencing Sec.  502.10). Given the immediate need for regulatory 
relief in light of the COVID-19 pandemic and its effects on commercial 
operations, the Commission has determined that waiving the notice and 
hearing requirements in Sec.  502.92 is necessary to prevent undue 
hardship and is required for the expeditious conduct of Commission 
business.
    Therefore it is ordered, that an extension of the temporary 
exemption from the requirements of 46 CFR 530.3(i); 530.8(a)(1), 
(b)(8)(i); and 530.14(a) for original service contracts is GRANTED, 
provided that:
    1. Authorized persons must file with the Commission, in the manner 
set forth in appendix A of 46 CFR part 530, a true and complete copy of 
every original service contract no later than thirty (30) days after 
any cargo moves pursuant to that service contract;
    2. Every original service contract filed with the Commission must 
include the effective date, which may be no more than thirty (30) 
calendar days prior to the filing date with the Commission; and
    3. Performance under an original service contract may not begin 
until the day it is effective, provided that the service contract is 
filed with the Commission no later than thirty (30) calendar days after 
the effective date.
    It is further ordered, that this temporary exemption will remain in 
effect until June 1, 2021.

    By the Commission.
Rachel Dickon,
Secretary.
[FR Doc. 2020-22106 Filed 10-6-20; 8:45 am]
BILLING CODE 6730-02-P