Demurrage and Detention Billing Requirements; Correction, 39569-39570 [2024-10136]

Download as PDF Federal Register / Vol. 89, No. 91 / Thursday, May 9, 2024 / Rules and Regulations (c) The occupant must not interact with the armrest or other seat components in any manner significantly different than would be expected for a forward-facing seat installation. 4. Pelvis Criteria Any part of the load-bearing portion of the bottom of the ATD pelvis must not translate beyond the edges of the seat bottom seat-cushion supporting structure. 5. Femur Criteria Axial rotation of the upper leg (about the z-axis of the femur per SAE Recommended Practice J211/1) must be limited to 35 degrees from the nominal seated position. Evaluation during rebound does not need to be considered. 6. ATD and Test Conditions Longitudinal tests conducted to measure the injury criteria above must be performed with the FAA Hybrid III ATD, as described in SAE 1999–01– 1609, ‘‘A Lumbar Spine Modification to the Hybrid III ATD for Aircraft Seat Tests.’’ The tests must be conducted with an undeformed floor, at the mostcritical yaw cases for injury, and with all lateral structural supports (e.g., armrests or walls) installed. Note: HAECO must demonstrate that the installation of seats via plinths or pallets meets all applicable requirements. Compliance with the guidance contained in Policy Memorandum PS–ANM–100–2000– 00123, ‘‘Guidance for Demonstrating Compliance with Seat Dynamic Testing for Plinths and Pallets,’’ dated February 2, 2000, is acceptable to the FAA. 7. Head Injury Criteria (HIC) The HIC value must not exceed 1000 at any condition at which the pretensioner does or does not deploy, up to the maximum severity pulse that corresponds to the test conditions specified in § 25.562. Tests must be performed to demonstrate this, taking into account any necessary tolerances for deployment. 8. Protection During Secondary Impacts ddrumheller on DSK120RN23PROD with RULES1 The pretensioner activation setting must be demonstrated to maximize the probability of the protection being available when needed, considering secondary impacts. 9. Protection of Occupants Other Than 50th Percentile Protection of occupants for a range of stature from a 2-year-old child to a 95th percentile male must be shown. For shoulder harnesses that include pretensioners, protection of occupants other than a 50th percentile male may VerDate Sep<11>2014 15:06 May 08, 2024 Jkt 262001 be shown by test or analysis. In addition, the pretensioner must not introduce a hazard to passengers due to the following seat configurations: (a) The seat occupant is holding an infant. (b) The seat occupant is a child in a child-restraint device. (c) The seat occupant is a pregnant woman. 10. Occupants Adopting the Brace Position Occupants in the traditional brace position when the pretensioner activates must not experience adverse effects from the pretensioner activation. 11. Inadvertent Pretensioner Actuation (a) The probability of inadvertent pretensioner actuation must be shown to be extremely remote (i.e., average probability per flight hour of less than 10–7). (b) The system must be shown not susceptible to inadvertent pretensioner actuation because of wear and tear, or inertia loads resulting from in-flight or ground maneuvers likely to be experienced in service. (c) The seated occupant must not be seriously injured because of inadvertent pretensioner actuation. (d) Inadvertent pretensioner activation must not cause a hazard to the airplane, nor cause serious injury to anyone who may be positioned close to the retractor or belt (e.g., seated in an adjacent seat or standing adjacent to the seat). 12. Availability of the Pretensioner Function Prior to Flight The design must provide means for a crewmember to verify the availability of the pretensioner function prior to each flight, or the probability of failure of the pretensioner function must be demonstrated to be extremely remote (i.e., average probability per flight hour of less than 10–7), between inspection intervals. 13. Incorrect Seat Belt Orientation The system design must ensure that any incorrect orientation (twisting) of the seat belt does not compromise the pretensioner protection function. 14. Contamination Protection The pretensioner mechanisms and controls must be protected from external contamination associated with that which could occur on or around passenger seating. 15. Prevention of Hazards The pretensioner system must not induce a hazard to passengers in case of fire, nor create a fire hazard, if activated. PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 39569 16. Functionality After Loss of Power The system must function properly after loss of normal airplane electrical power, and after a transverse separation in the fuselage at the most critical location. A separation at the location of the system does not have to be considered. Issued in Kansas City, Missouri, on May 3, 2024. Patrick R. Mullen, Manager, Technical Policy Branch, Policy and Standards Division, Aircraft Certification Service. [FR Doc. 2024–10075 Filed 5–8–24; 8:45 am] BILLING CODE 4910–13–P FEDERAL MARITIME COMMISSION 46 CFR Part 541 [Docket No. FMC–2022–0066] RIN 3072–AC90 Demurrage and Detention Billing Requirements; Correction Federal Maritime Commission. Final rule; correction. AGENCY: ACTION: This document corrects the preamble to a final rule published in the Federal Register on February 26, 2024, concerning demurrage and detention billing requirements. This correction provides information regarding situations in which vessel-operating common carriers (VOCCs) enter into written contracts with motor carriers that use containers in the transportation of goods. DATES: This action is effective on May 9, 2024. ADDRESSES: To view background documents or comments received, you may use the Federal eRulemaking Portal at www.regulations.gov under Docket No. FMC–2022–0066. FOR FURTHER INFORMATION CONTACT: David Eng, Secretary; Phone: (202) 523– 5725; Email: secretary@fmc.gov. SUPPLEMENTARY INFORMATION: The Commission notes that it has received several inquiries concerning a possible discrepancy between the rule text and one paragraph in the preamble, found at page 14336.1 The Commission SUMMARY: 1 ‘‘In regard to the second comment, there seems to be a misunderstanding on the commenter’s part about the rule’s applicability. As discussed in the NPRM, a primary purpose of this rule is to stop demurrage and detention invoices from being sent to parties who did not negotiate contract terms with the billing party. That concern is not present where a motor carrier has directly contracted with a VOCC. Nothing in this rule, either in the proposed E:\FR\FM\09MYR1.SGM Continued 09MYR1 39570 Federal Register / Vol. 89, No. 91 / Thursday, May 9, 2024 / Rules and Regulations ddrumheller on DSK120RN23PROD with RULES1 appreciates these inquiries as they reflect the strong interest within the shipping industry in ensuring compliance with applicable regulations. These inquiries have helped this clarification issue well before the rule goes into effect on May 28, 2024. In the preamble, the Commission responded to a comment requesting that we amend the definition of ‘‘billed party’’ to address situations in which vessel-operating common carriers (VOCCs) enter into written contracts with motor carriers that use containers in the transportation of goods. The Commission responded by declining to adopt this proposed change, and we now reiterate that conclusion— demurrage and detention should be billed to either the person for whose account the billing party provided ocean transportation or storage of cargo and who contracted with the billing party for the ocean transportation or storage of cargo, or the consignee. The Commission’s explanation in the preamble was intended to further explain that the rule only addresses carrier-trucker relationships on through bills of lading. The Commission meant this to be understood in the context of its statement that ‘‘the FMC’s jurisdiction, and thus this rule, would apply only to cargo moved inland under a through bill of lading and contracts between a VOCC [and] a motor carrier not based on a through bill of lading would likely be outside the scope of this rule.’’ We further did not intend the paragraph to suggest that there is an exception to the rule’s clear direction regarding who may be a ‘‘billed party’’. However, we now see that the inadvertent inclusion of certain language renders this comment response ambiguous, and we take this opportunity to clarify our intention by correcting the language in the preamble. Accordingly, in FR Doc. 2024–02926, on page 14336, in the third column, the or final version, prohibits a VOCC from issuing a demurrage or detention invoice to a motor carrier when a contractual relationship exists between the VOCC and the motor carrier for the motor carrier to provide carriage or storage of goods to the VOCC. The definition of ‘‘billed party’’ is intentionally broad to capture any party to whom a detention or demurrage invoice is issued. When a VOCC issues a detention or demurrage invoice to a motor carrier, the VOCC must comply with the requirements of part 541. The Commission has jurisdiction over common carriers, marine terminal operators (MTOs), and ocean transportation intermediaries (OTIs), including over through transportation. Without knowing the particulars of the hypothetical, in this situation, presumably the FMC’s jurisdiction, and thus this rule, would apply only to cargo moved inland under a through bill of lading and contracts between a VOCC. A motor carrier not based on a through bill of lading would likely be outside the scope of this rule.’’ VerDate Sep<11>2014 15:06 May 08, 2024 Jkt 262001 paragraph beginning with ‘‘In regard to . . .’’ is corrected to read as follows: ‘‘In regard to the second comment, the rule makes clear that demurrage and detention invoices can only be issued to either the person for whose account the billing party provided ocean transportation or storage of cargo and who contracted with the billing party for the ocean transportation or storage of cargo, or the consignee. As discussed in the NPRM, a primary purpose of this rule is to stop demurrage and detention invoices from being sent to parties who did not negotiate contract terms for ocean transportation or storage of cargo with the billing party. When a VOCC issues a detention or demurrage invoice, the VOCC must comply with the requirements of part 541. However, in our response to this specific comment, we presume that the FMC’s jurisdiction would apply only to cargo moved inland under a through bill of lading, and that contracts between a VOCC and a motor carrier not based on a through bill of lading would likely be outside the scope of this rule.’’ By the Commission. Dated: May 3, 2024. David Eng, Secretary. [FR Doc. 2024–10136 Filed 5–8–24; 8:45 am] BILLING CODE 6730–02–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 172, 173, 175, 176, 178, and 180 [Docket No. PHMSA–2021–0092 (HM–215Q)] RIN 2137–AF57 Hazardous Materials: Harmonization With International Standards; Correction Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Final rule; correction. AGENCY: The Pipeline and Hazardous Materials Safety Administration is correcting a final rule that was published in the Federal Register on April 10, 2024. The final rule was published to maintain alignment with international regulations and standards by adopting various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. The corrections address several errors to the hazardous material entries in the hazardous materials table. SUMMARY: PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 This correction is effective May 10, 2024. FOR FURTHER INFORMATION CONTACT: Steven Andrews, Standards and Rulemaking, or Candace Casey, Standards and Rulemaking, at 202–366– 8553, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, East Building, 2nd Floor, Washington, DC 20590–0001. SUPPLEMENTARY INFORMATION: DATES: I. Background and Need for Technical Corrections On April 10, 2024, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a final rule in the Federal Register entitled ‘‘Hazardous Materials: Harmonization with International Standards.’’ 1 In the final rule, the amendatory instruction 19c for the revision of Table 4 to paragraph (g) in § 173.225 should have read: ‘‘In newly designated Table 4 to paragraph (g), under UN No. 3109, and above ‘‘tertButyl hydroperoxide, not more than 72% with water’’ add an entry for ‘‘tertButyl hydroperoxide, not more than 56% with diluent type B2’’ and revise the Notes after newly designated table 4 to paragraph (g) to read as follows.’’ The publication of this correction is needed to ensure that the final rule’s amendment of Table 4 to paragraph (g) of § 173.225—which the amendment is effective May 10, 2024—will read as intended. Additionally, changes in the final rule included numerous amendments to the § 172.101 Hazardous Materials Table (HMT). Unfortunately, the amendments to a few of the table entries introduced new unintended errors that PHMSA is correcting in this notice. The unintended errors are summarized below. • UN3548, Articles containing miscellaneous dangerous goods, n.o.s.: In HM–215Q, PHMSA revised the entry ‘‘UN3548, Articles containing miscellaneous dangerous goods, n.o.s.’’ to add Special Provision A224 to Column 7. Special Provision A224 allows for the transport of large articles containing a non-flammable, non-toxic gas or environmentally hazardous substances on both passenger aircraft and cargo aircraft only under certain conditions. As a part of this HM–215Q revision, PHMSA inadvertently removed label code ‘‘9’’ from Column 6. Label Code ‘‘9’’ in Column 6 is necessary to ensure Class 9 labels are placed on packages shipped under 1 89 FR 25434 (Apr. 10, 2024). E:\FR\FM\09MYR1.SGM 09MYR1

Agencies

[Federal Register Volume 89, Number 91 (Thursday, May 9, 2024)]
[Rules and Regulations]
[Pages 39569-39570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10136]


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FEDERAL MARITIME COMMISSION

46 CFR Part 541

[Docket No. FMC-2022-0066]
RIN 3072-AC90


Demurrage and Detention Billing Requirements; Correction

AGENCY: Federal Maritime Commission.

ACTION: Final rule; correction.

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

SUMMARY: This document corrects the preamble to a final rule published 
in the Federal Register on February 26, 2024, concerning demurrage and 
detention billing requirements. This correction provides information 
regarding situations in which vessel-operating common carriers (VOCCs) 
enter into written contracts with motor carriers that use containers in 
the transportation of goods.

DATES: This action is effective on May 9, 2024.

ADDRESSES: To view background documents or comments received, you may 
use the Federal eRulemaking Portal at www.regulations.gov under Docket 
No. FMC-2022-0066.

FOR FURTHER INFORMATION CONTACT: David Eng, Secretary; Phone: (202) 
523-5725; Email: [email protected].

SUPPLEMENTARY INFORMATION: The Commission notes that it has received 
several inquiries concerning a possible discrepancy between the rule 
text and one paragraph in the preamble, found at page 14336.\1\ The 
Commission

[[Page 39570]]

appreciates these inquiries as they reflect the strong interest within 
the shipping industry in ensuring compliance with applicable 
regulations. These inquiries have helped this clarification issue well 
before the rule goes into effect on May 28, 2024.
---------------------------------------------------------------------------

    \1\ ``In regard to the second comment, there seems to be a 
misunderstanding on the commenter's part about the rule's 
applicability. As discussed in the NPRM, a primary purpose of this 
rule is to stop demurrage and detention invoices from being sent to 
parties who did not negotiate contract terms with the billing party. 
That concern is not present where a motor carrier has directly 
contracted with a VOCC. Nothing in this rule, either in the proposed 
or final version, prohibits a VOCC from issuing a demurrage or 
detention invoice to a motor carrier when a contractual relationship 
exists between the VOCC and the motor carrier for the motor carrier 
to provide carriage or storage of goods to the VOCC. The definition 
of ``billed party'' is intentionally broad to capture any party to 
whom a detention or demurrage invoice is issued. When a VOCC issues 
a detention or demurrage invoice to a motor carrier, the VOCC must 
comply with the requirements of part 541. The Commission has 
jurisdiction over common carriers, marine terminal operators (MTOs), 
and ocean transportation intermediaries (OTIs), including over 
through transportation. Without knowing the particulars of the 
hypothetical, in this situation, presumably the FMC's jurisdiction, 
and thus this rule, would apply only to cargo moved inland under a 
through bill of lading and contracts between a VOCC. A motor carrier 
not based on a through bill of lading would likely be outside the 
scope of this rule.''
---------------------------------------------------------------------------

    In the preamble, the Commission responded to a comment requesting 
that we amend the definition of ``billed party'' to address situations 
in which vessel-operating common carriers (VOCCs) enter into written 
contracts with motor carriers that use containers in the transportation 
of goods. The Commission responded by declining to adopt this proposed 
change, and we now reiterate that conclusion--demurrage and detention 
should be billed to either the person for whose account the billing 
party provided ocean transportation or storage of cargo and who 
contracted with the billing party for the ocean transportation or 
storage of cargo, or the consignee.
    The Commission's explanation in the preamble was intended to 
further explain that the rule only addresses carrier-trucker 
relationships on through bills of lading. The Commission meant this to 
be understood in the context of its statement that ``the FMC's 
jurisdiction, and thus this rule, would apply only to cargo moved 
inland under a through bill of lading and contracts between a VOCC 
[and] a motor carrier not based on a through bill of lading would 
likely be outside the scope of this rule.'' We further did not intend 
the paragraph to suggest that there is an exception to the rule's clear 
direction regarding who may be a ``billed party''. However, we now see 
that the inadvertent inclusion of certain language renders this comment 
response ambiguous, and we take this opportunity to clarify our 
intention by correcting the language in the preamble.
    Accordingly, in FR Doc. 2024-02926, on page 14336, in the third 
column, the paragraph beginning with ``In regard to . . .'' is 
corrected to read as follows:

    ``In regard to the second comment, the rule makes clear that 
demurrage and detention invoices can only be issued to either the 
person for whose account the billing party provided ocean 
transportation or storage of cargo and who contracted with the 
billing party for the ocean transportation or storage of cargo, or 
the consignee. As discussed in the NPRM, a primary purpose of this 
rule is to stop demurrage and detention invoices from being sent to 
parties who did not negotiate contract terms for ocean 
transportation or storage of cargo with the billing party. When a 
VOCC issues a detention or demurrage invoice, the VOCC must comply 
with the requirements of part 541. However, in our response to this 
specific comment, we presume that the FMC's jurisdiction would apply 
only to cargo moved inland under a through bill of lading, and that 
contracts between a VOCC and a motor carrier not based on a through 
bill of lading would likely be outside the scope of this rule.''

    By the Commission.

    Dated: May 3, 2024.
David Eng,
Secretary.
[FR Doc. 2024-10136 Filed 5-8-24; 8:45 am]
BILLING CODE 6730-02-P
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