Petition of CMA CGM S.A., American President Lines, LLC, APL Co. Pte. Ltd. and ANL Singapore Pte Ltd for a Temporary Exemption From Standard Tariff & Service Contract Filing Requirements; Notice of Filing and Request for Comments, 65043-65044 [2020-22722]
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Federal Register / Vol. 85, No. 199 / Wednesday, October 14, 2020 / Notices
limitation, collection of freight rates and
charges, equipment charges, detention
and demurrage charges) jointly and
severally against entities that are not
party to, and have not agreed to be
bound by the bill of lading. The
Commission has been advised by thirdparty logistics providers, harbor
truckers, stevedores, customs brokers
and freight forwarders, many of whom
have no connection to the cargo or the
shipment, other than providing service
to entities that may own or have a
proprietary interest in the cargo covered
by a VOCC bill of lading, that VOCCs
seek payment from such third parties for
rates and charges pursuant to the terms
and conditions of the bill of lading.
Allegations have also been received that
VOCCs threaten to discontinue allowing
such third parties to provide service for
future shipments unless amounts due
on current shipments are paid.
This issue was raised in Docket No.
19–05, Interpretive Rule on Demurrage
and Detention Under the Shipping Act
by several commenters, including the
New York New Jersey Freight
Forwarders and Customs Brokers, the
National Customs Brokers and Freight
Forwarders Association, the
Agricultural Transportation Coalition,
as well as other industry participants
since the issuance of the Final Rule. As
noted in the Final Rule, ‘‘the
Commission’s emphasis in the NPRM
that ocean carriers bill the correct party
reflected concerns raised by truckers
that they were being required to pay
charges that were more appropriately
charged to others.’’ 85 FR 29638, at
29662 (May 18, 2020). Several
commenters reiterated these concerns.
AgTC contended that ‘‘carriers should
impose detention and/or demurrage on
the actual exporter or importer customer
with whom the carrier has a contractual
relationship.’’ The New York New
Jersey Foreign Freight Forwarders &
Brokers Association asserted that
VOCCs define the term ‘‘merchant’’ in
their bill of lading too broadly, resulting
in parties being billed for demurrage
and detention ‘‘regardless of whether
they are truly in control of the cargo
when the charges were incurred.’’ Id.
The Commission clarified that one of
its goals for the Interpretive Rule ‘‘was
to emphasize the importance of ocean
carriers and marine terminal operator
bills aligning with contractual
responsibilities.’’ Id. In doing so, the
Commission noted that it ‘‘does not
believe it is appropriate in this
interpretive rule to prescribe’’ specific
billing practices, or to address the
application of the merchant definition
as it related to such practices. Id. The
Commission further noted it would
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address such issues in the context of
particular facts, considering all relevant
arguments. Although the Commission
incorporated reference to certain billing
practices and regulations in the Final
Rule, it declined to prescribe specific
billing practices or regulations which
would be deemed reasonable under 46
U.S.C. 41102(c).
General contract law principles
provide that one party cannot enforce a
contract against another who did not
assent to be bound by its terms and
conditions. This can include situations
where one party attempts to bind
another party with unilaterally defined
terms. Accordingly, the Commission has
determined to request public comment
on the manner in which VOCCs are
defining the term ‘‘Merchant’’ and
enforcing that definition in their bills of
lading.
The purpose of the inquiry is to
determine whether such carrier
enforcement (i.e., seeking to collect
freight and other charges) is unfairly or
unjustly wielded against third parties
who have not directly contracted with
the VOCC nor assented to be bound by
the contract of carriage. The
Commission encourages all interested
parties, including VOCCs, shippers,
ports, maritime terminal operators,
ocean transportation intermediaries,
truckers, stevedores or customs brokers
to submit comments or to identify
information relevant to the manner in
which VOCCs have applied their
respective definitions of ‘‘Merchant.’’ As
part of this NOI, the Commission will
also be contacting certain VOCCs to
provide information about the manner
in which they have defined and applied
their definition of a ‘‘Merchant.’’
The Commission will consider
relevant comments submitted by any
party. Along with comments,
commenters should provide their name,
title/position, contact information (e.g.,
telephone number and/or email
address), name and address of the
company or other entity and the type of
company or entity (e.g., carrier,
exporter, importer, trade association,
etc.).
Responses to the NOI will help the
Commission ascertain more precisely
the practices of VOCCs, including
whether they may be imposing liability
on entities who may not have assented
to be bound to the terms and conditions
of a VOCC’s bill of lading, and in
determining whether additional
analyses or action by the Commission
may be necessary.
By the Commission.
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65043
Issued: October 7, 2020.
Rachel Dickon,
Secretary.
[FR Doc. 2020–22602 Filed 10–13–20; 8:45 am]
BILLING CODE 6730–02–P
FEDERAL MARITIME COMMISSION
[PETITION NO. P2–20]
Petition of CMA CGM S.A., American
President Lines, LLC, APL Co. Pte. Ltd.
and ANL Singapore Pte Ltd for a
Temporary Exemption From Standard
Tariff & Service Contract Filing
Requirements; Notice of Filing and
Request for Comments
Served: October 8, 2020.
Notice is hereby given that CMA CGM
S.A., American President Lines, LLC,
APL Co. Pte. Ltd. and ANL Singapore
Pte Ltd (‘‘Petitioners’’) have petitioned
the Commission pursuant to 46 CFR
502.92 for temporary exemption from 46
CFR 520.7(c) & 46 CFR 520.8(a)(1), 46
CFR 520.8(4), 46 CFR 530.3(i), and 46
CFR 530.14(a). Petitioner states it ‘‘seeks
this temporary exemption for the sole
purpose of best serving its customers by
requesting retroactive application of
filings impacted by the recent cyberattack against the CMA group.’’
In order for the Commission to make
a thorough evaluation of the requested
exemption and rulemaking presented in
the Petition, pursuant to 46 CFR 502.92,
interested parties are requested to
submit views or arguments in reply to
the Petition no later than October 15,
2020. Replies shall be sent to the
Secretary by email to Secretary@fmc.gov
and replies shall be served on
Petitioner’s counsel, Draughn Arbona,
usa.darbona@usa.cma-cgm.com.
Non-confidential filings may be
submitted by email as a PDF attachment
to Secretary@fmc.gov and include in the
subject line: P2–20 (Commenter/
Company). A confidential filing must be
accompanied by a transmittal letter that
identifies the filing as ‘‘ConfidentialRestricted’’ and describes the nature and
extent of the confidential treatment
requested. The Commission will
provide confidential treatment to the
extent allowed by law for confidential
submissions, or parts of submissions, for
which confidentiality has been
requested. When a confidential filing is
submitted, there must also be submitted
a public version of the filing. Such
public filing version shall exclude
confidential materials, and shall
indicate on the cover page and on each
affected page ‘‘Confidential materials
excluded.’’ The Petition will be posted
on the Commission’s website at https://
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65044
Federal Register / Vol. 85, No. 199 / Wednesday, October 14, 2020 / Notices
www.fmc.gov/P2-20. Replies filed in
response to the Petition will also be
posted on the Commission’s website at
this location.
Final Approval Under OMB Delegated
Authority of the Extension for Three
Years, Without Revision, of the
Following Information Collection
Rachel Dickon,
Secretary.
Report title: Consumer and
Stakeholder Surveys.
Agency form number: FR 3073.
OMB control number: 7100–0359.
Frequency: As needed.
Respondents: Consumers and other
stakeholders.
Estimated number of respondents:
Consumer quantitative surveys
(medium): 3,000; consumer quantitative
surveys (large): 6,000; consumer
qualitative surveys: 50; stakeholder
quantitative surveys: 1,500; stakeholder
qualitative surveys: 50.
Estimated average hours per response:
Consumer quantitative surveys
(medium): 0.25; consumer quantitative
surveys (large): 0.4; consumer
qualitative surveys: 1.5; stakeholder
quantitative surveys: 0.25; stakeholder
qualitative surveys: 1.5.
Estimated annual burden hours:
Consumer quantitative surveys
(medium): 3,000; consumer quantitative
surveys (large): 4,800; consumer
qualitative surveys: 600; stakeholder
quantitative surveys: 3,000; stakeholder
qualitative surveys: 600; total: 12,000.
General description of report: The
surveys in this collection gather
quantitative and qualitative information
directly from individual consumers or
households (consumer surveys) on
consumer finance topics. This collection
also gathers quantitative and qualitative
information on current and emerging
community economic issues from
stakeholders (stakeholder surveys).
Examples of stakeholders include
community groups, community
development organizations, nonprofit
service providers, faith-based service
organizations, public sector agencies,
small business owners, health care
organizations, food banks, K–12 public
and private schools, community
colleges, community development
financial institutions, credit unions,
banks, and other financial institutions
and companies offering financial
products and services. While these
surveys are ongoing, the frequency and
content of the questions may change
depending on economic conditions,
regulatory or legislative developments,
as well as changes in technology,
business practices, and other factors
affecting consumers, stakeholders, and
communities.
Legal authorization and
confidentiality: The FR 3073 is
authorized by sections 2A and 12A of
the Federal Reserve Act (FRA). Section
2A of the FRA requires that the Board
[FR Doc. 2020–22722 Filed 10–13–20; 8:45 am]
BILLING CODE 6730–02–P
FEDERAL RESERVE SYSTEM
Agency Information Collection
Activities: Announcement of Board
Approval Under Delegated Authority
and Submission to OMB
Board of Governors of the
Federal Reserve System.
AGENCY:
The Board of Governors of the
Federal Reserve System (Board) is
adopting a proposal to extend for three
years, without revision, the Consumer
and Stakeholder Surveys (FR 3073;
OMB No. 7100–0359).
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Federal Reserve Board Clearance
Officer—Nuha Elmaghrabi—Office of
the Chief Data Officer, Board of
Governors of the Federal Reserve
System, Washington, DC 20551, (202)
452–3829. Office of Management and
Budget (OMB) Desk Officer—Shagufta
Ahmed—Office of Information and
Regulatory Affairs, Office of
Management and Budget, New
Executive Office Building, Room 10235,
725 17th Street NW, Washington, DC
20503, or by fax to (202) 395–6974.
A copy of the Paperwork Reduction
Act (PRA) OMB submission, including
the reporting form and instructions,
supporting statement, and other
documentation will be placed into
OMB’s public docket files. These
documents also are available on the
Federal Reserve Board’s public website
at https://www.federalreserve.gov/apps/
reportforms/review.aspx or may be
requested from the agency clearance
officer, whose name appears above.
On June
15, 1984, OMB delegated to the Board
authority under the PRA to approve and
assign OMB control numbers to
collections of information conducted or
sponsored by the Board. Boardapproved collections of information are
incorporated into the official OMB
inventory of currently approved
collections of information. Copies of the
PRA Submission, supporting
statements, and approved collection of
information instrument(s) are placed
into OMB’s public docket files.
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SUPPLEMENTARY INFORMATION:
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and the Federal Open Market
Committee (FOMC) ‘‘maintain long run
growth of the monetary and credit
aggregates commensurate with the
economy’s long run potential to increase
production, so as to promote effectively
the goals of the maximum employment,
stable prices, and moderate long-term
interest rates.’’ Under section 12A of the
FRA, the FOMC is required to
implement regulations relating to the
open market operations conducted by
Federal Reserve Banks ‘‘with a view to
accommodating commerce and business
and with regard to their bearing upon
the general credit situation of the
country.’’ The information collection
under the FR 3073 is used to fulfill
these obligations.
In addition, the Board is responsible
for implementing and drafting
regulations and interpretations for
various consumer protection laws. The
information obtained from the FR 3073
may be used in support of the Board’s
development and implementation of
regulatory provisions for these laws.
Therefore, depending on the survey
questions asked, the FR 3073 may be
authorized pursuant to the Board’s
authority under one or more of those
consumer protection statutes.
The ability of the Board to maintain
the confidentiality of information
provided by respondents to the FR 3073
surveys will have to be determined on
a case-by-case basis depending on the
type of information provided for a
particular survey. Some of the
information collected on the surveys
may be protected from Freedom of
Information Act (FOIA) disclosure by
FOIA exemptions 4 and 6. Exemption 4
protects from disclosure trade secrets
and commercial or financial
information, while Exemption 6 protects
information ‘‘the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.’’
Current actions: On July 21, 2020, the
Board published a notice in the Federal
Register (85 FR 44078) requesting
public comment for 60 days on the
extension, without revision, of the FR
3073. The comment period for this
notice expired on September 21, 2020.
The Board did not receive any
comments.
Board of Governors of the Federal Reserve
System, October 7, 2020.
Michele Taylor Fennell,
Assistant Secretary of the Board.
[FR Doc. 2020–22686 Filed 10–13–20; 8:45 am]
BILLING CODE P
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]]>Agencies
[Federal Register Volume 85, Number 199 (Wednesday, October 14, 2020)]
[Notices]
[Pages 65043-65044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22722]
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FEDERAL MARITIME COMMISSION
[PETITION NO. P2-20]
Petition of CMA CGM S.A., American President Lines, LLC, APL Co.
Pte. Ltd. and ANL Singapore Pte Ltd for a Temporary Exemption From
Standard Tariff & Service Contract Filing Requirements; Notice of
Filing and Request for Comments
Served: October 8, 2020.
Notice is hereby given that CMA CGM S.A., American President Lines,
LLC, APL Co. Pte. Ltd. and ANL Singapore Pte Ltd (``Petitioners'') have
petitioned the Commission pursuant to 46 CFR 502.92 for temporary
exemption from 46 CFR 520.7(c) & 46 CFR 520.8(a)(1), 46 CFR 520.8(4),
46 CFR 530.3(i), and 46 CFR 530.14(a). Petitioner states it ``seeks
this temporary exemption for the sole purpose of best serving its
customers by requesting retroactive application of filings impacted by
the recent cyber-attack against the CMA group.''
In order for the Commission to make a thorough evaluation of the
requested exemption and rulemaking presented in the Petition, pursuant
to 46 CFR 502.92, interested parties are requested to submit views or
arguments in reply to the Petition no later than October 15, 2020.
Replies shall be sent to the Secretary by email to [email protected]
and replies shall be served on Petitioner's counsel, Draughn Arbona,
cgm.com">[email protected]cgm.com.
Non-confidential filings may be submitted by email as a PDF
attachment to [email protected] and include in the subject line: P2-20
(Commenter/Company). A confidential filing must be accompanied by a
transmittal letter that identifies the filing as ``Confidential-
Restricted'' and describes the nature and extent of the confidential
treatment requested. The Commission will provide confidential treatment
to the extent allowed by law for confidential submissions, or parts of
submissions, for which confidentiality has been requested. When a
confidential filing is submitted, there must also be submitted a public
version of the filing. Such public filing version shall exclude
confidential materials, and shall indicate on the cover page and on
each affected page ``Confidential materials excluded.'' The Petition
will be posted on the Commission's website at https://
[[Page 65044]]
www.fmc.gov/P2-20. Replies filed in response to the Petition will also
be posted on the Commission's website at this location.
Rachel Dickon,
Secretary.
[FR Doc. 2020-22722 Filed 10-13-20; 8:45 am]
BILLING CODE 6730-02-P
