Controlled Carriers Under the Shipping Act of 1984, 54460-54461 [2024-14447]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 54460 Federal Register / Vol. 89, No. 126 / Monday, July 1, 2024 / Notices comment on how it might ‘‘further reduce the information collection burden for small business concerns with fewer than 25 employees.’’ OMB Control No.: 3060–0228. Title: Section 80.59, Compulsory Ship Inspections and Ship Inspection Certificates, FCC Forms 806, 824, 827, and 829. Form No.: FCC Forms 806, 824, 827, and 829. Type of Review: Revision of a currently approved collection. Respondents: Business or other for profit, not-for-profit institutions, and State, local, or tribal government. Number of Respondents and Responses: 10,150 respondents and 15,175 responses. Estimated Time per Response: The actual inspection will take approximately 4 hours to complete. An FCC ship safety certificate will take approximately 0.083 hours (5 minutes) to complete. Providing an entry in the ship’s log will take an inspector and ship operator/owner approximately 0.25 hours (15 minutes) each to complete. These estimates are based on FCC staff’s knowledge and familiarity with the availability of the data required. Approximately 100 requests for a waiver of the required annual inspection are received each year from the licensees of large oceangoing vessels returning from a foreign port; it is estimated than an engineer or communications specialists would spend two hours preparing such a waiver request. Therefore, the range for completing the information collection requirements is 0.083 hours– 4 hours. Frequency of Response: On occasion, annual, and every five-year reporting requirements, recordkeeping requirement, and third party disclosure requirement. Obligation to Respond: Required for regulatory or compliance. The statutory authority for this collection 47 U.S.C. 154, 303, 307(e), 309 and 332, unless noted. Total Annual Burden: 23,229 hours. Annual Cost Burden: No cost. Needs and Uses: The requirements contained in § 80.59 are necessary to implement the provisions of section 362(b) of the Communications Act of 1934, as amended, which require the Commission to inspect the radio installation of large cargo ships and certain passenger ships at least once a year to ensure that the radio installation is in compliance with the Communications Act. Additionally, section 385 of the Communications Act requires the inspection of small passenger ships at least once every five years, and Subpart VerDate Sep<11>2014 20:36 Jun 28, 2024 Jkt 262001 T of Part 80 of the Commission’s rules requires the inspection of certain vessels operating in the Great Lakes at least once every 48 months. The Safety Convention—an international treaty (to which the United States (U.S.) is a signatory)—also requires an annual inspection. The Safety Convention permits an Administrator to entrust the inspections to either surveyors nominated for the purpose or to organizations recognized by it. Therefore, the U.S. can have other parties conduct the radio inspection of vessels for compliance with the Safety Convention. The Commission allows FCC-licensed technicians to conduct these inspections. FCC-licensed technicians not only certify that the ship passed an inspection, but also issue a safety certificate. These safety certificates (FCC Forms 806, 824, 827, and 829) indicate that the vessel complies with the Communications Act, the Commission’s rules, and the Safety Convention. These technicians are required to provide a summary of the results of the inspection in the ship’s log. In addition, the vessel’s owner, operator, or ship’s master must certify in the ship’s log that the inspection was satisfactory. Inspection certificates issued in accordance with the Safety Convention must be posted in a prominent and accessible place on the ship. Further, § 80.59(d) states that the Commission may, upon a finding that the public interest would be served, grant a waiver of the annual inspection required by section 362(b) of the Communications Act, for a period of not more than 90 days for the sole purpose of enabling a U.S. vessel to complete its voyage and proceed to a port in the U.S. when an inspection can be held. An information application must be submitted by a ship’s owner, operator, or authorized agent. The application must be electronically submitted to the FCC Headquarters (via email to Ghassan.Khalek@fcc.gov, Katie.Knox@ fcc.gov, Kathleen.Curameng@fcc.gov, and Thomas.Derenge@fcc.gov) at least three days before the ship’s arrival. The application must provide specific information that is contained in § 80.59. The forms to be completed are FCC Forms 806, 824, 827, and 829. The Commission seeks revision of this OMB control number due to recent amendments to the Safety Convention by way of Resolution Marine Safety Committee (MSC) 496(105) that was adopted on April 28, 2022; as a result of SOLAS revisions of its Passenger Ship Safety Certificate and Cargo Ship Radio certificates, FCC Forms 806 and 829 are being revised accordingly. PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 Regarding the remaining forms associated with this OMB control number, FCC Forms 824 and 827 will undergo technical amendments for nonsubstantive edits. Federal Communications Commission. Marlene Dortch, Secretary, Office of the Secretary. [FR Doc. 2024–14479 Filed 6–28–24; 8:45 am] BILLING CODE 6712–01–P FEDERAL MARITIME COMMISSION [Docket No. FMC–2024–0005] Controlled Carriers Under the Shipping Act of 1984 Federal Maritime Commission. Notice. AGENCY: ACTION: The Federal Maritime Commission is publishing an updated list of controlled carriers, i.e., ocean common carriers operating in U.S.foreign trades that are, or whose operating assets are, directly or indirectly owned or controlled by foreign governments. Such carriers are subject to increased regulatory oversight by the Commission. FOR FURTHER INFORMATION CONTACT: David Eng, Secretary; Phone: (202) 523– 5725; Email: secretary@fmc.gov. SUPPLEMENTARY INFORMATION: The Federal Maritime Commission is updating the list of controlled carriers to add an entity that qualifies as a controlled carrier. The Shipping Act of 1984, as amended (Shipping Act), defines a ‘‘controlled carrier’’ as an ocean common carrier that is, or whose operating assets are, directly or indirectly owned or controlled by a government. 46 U.S.C. 40102(9). Ownership or control by a government is deemed to exist for a carrier if (1) a majority of the interest in the carrier is owned or controlled in any manner by that government, an agency of that government, or a public or private person controlled by that government, or (2) that government has the right to appoint or disapprove the appointment of a majority of the directors, the chief operating officer, or the chief executive officer of the carrier. Id.; 46 CFR 565.2(a). As required by the Shipping Act, controlled carriers are subject to enhanced oversight by the Commission. For example, 46 U.S.C. 40701(b) provides that the Commission may, after providing notice and opportunity for a hearing, prohibit the publication or use of a rate, charge, classification, rule, or regulation that a controlled carrier has SUMMARY: E:\FR\FM\01JYN1.SGM 01JYN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 89, No. 126 / Monday, July 1, 2024 / Notices failed to demonstrate is just and reasonable. See 46 U.S.C. 40701(b). In addition, 46 U.S.C. 40502(f) provides that in an action for a breach of a service contract, the dispute resolution forum cannot in any way be controlled by or affiliated with a controlled carrier or by the government that owns or controls the carrier. See 46 U.S.C. 40502(f). Congress enacted these protections to ensure that controlled carriers, whose marketplace decision making can be influenced by foreign governmental priorities or by their access to nonmarket sources of capital, do not engage in unreasonable below-market pricing practices which could disrupt trade or harm privately-owned shipping companies. The controlled carrier list is not a comprehensive list of foreign-owned or controlled ships or ship owners; rather, it is only a list of ocean common carriers that are controlled by governments. See 46 U.S.C. 40102(9). Thus, tramp operators and other non-common carriers are not included, nor are nonvessel-operating common carriers, regardless of their ownership or control. The controlled carrier list was last updated on February 27, 2024. See 89 FR 14495. This notice revises the list to add HMM as a controlled carrier of the government of the Republic of Korea. It is also noted that the United States and the Republic of Korea signed a Treaty of Friendship, Commerce and Navigation that entered into force on November 7, 1957. As such, HMM is entitled to the exception at 46 U.S.C. 40706(1), which exempts it from the requirements of Title 46, Chapter 407, but not from the provisions of 46 U.S.C. 40502(f) and 46 U.S.C. 46106(b)(7). There are no changes to report with respect to the remaining controlled carriers on the list. It is requested that any other information regarding possible omissions or inaccuracies in this list be provided to the Commission’s Office of the General Counsel at generalcounsel@ fmc.gov. See 46 CFR 501.12. The amended list of currently classified controlled carriers and their corresponding Commission-issued Registered Persons Index numbers is set forth below: (1) COSCO SHIPPING Lines Co., Ltd. (RPI No. 015614)—People’s Republic of China; (2) Orient Overseas Container Line Limited (RPI No. 011398)—People’s Republic of China; (3) OOCL (Europe) Limited (RPI No. 024786)—People’s Republic of China; (4) Hede (HONGKONG) International Shipping Limited (RPI No. 033332)— People’s Republic of China; VerDate Sep<11>2014 20:36 Jun 28, 2024 Jkt 262001 (5) HMM (RPI No. 001452)—Republic of Korea. By the Commission. David Eng, Secretary. [FR Doc. 2024–14447 Filed 6–28–24; 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. SUMMARY: The Board of Governors of the Federal Reserve System (Board) is adopting a proposal to extend for three years, with revision, the Reporting Requirements Associated with Emergency Lending Under Section 13(3) (FR A; OMB No. 7100–0373). DATES: The revisions are effective July 31, 2024. 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, nuha.elmaghrabi@frb.gov, (202) 452–3884. Office of Management and Budget (OMB) Desk Officer for the Federal Reserve Board, 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. SUPPLEMENTARY INFORMATION: On June 15, 1984, OMB delegated to the Board authority under the Paperwork Reduction Act (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. The OMB inventory, as well as copies of the PRA Submission, supporting statements (which contain more detailed information about the information collections and burden estimates than this notice), and approved collection of information instrument(s) are available at https://www.reginfo.gov/public/do/ PRAMain. These documents are also available on the Federal Reserve Board’s public website at https:// www.federalreserve.gov/apps/ reportingforms/home/review or may be requested from the agency clearance officer, whose name appears above. On AGENCY: PO 00000 Frm 00058 Fmt 4703 Sfmt 9990 54461 the page displayed at the link above, you can find the supporting information by referencing the collection identifier, FR A. Final Approval Under OMB Delegated Authority of the Extension for Three Years, With Revision, of the Following Information Collection Collection title: Reporting Requirements Associated with Emergency Lending Under Section 13(3). Collection identifier: FR A. OMB control number: 7100–0373. General description of collection: Section 13(3) of the Federal Reserve Act provides that the Board may authorize any Federal Reserve Bank to extend credit to an individual, partnership, or corporation, subject to conditions. The Board’s Regulation A establishes policies and procedures with respect to emergency lending under section 13(3). The FR A is the Board’s information collection associated with Regulation A. The FR A consists of reporting requirements for entities’ compliance with the terms and conditions of the emergency lending facilities. Frequency: Event-generated. Respondents: Persons or entities borrowing under an emergency lending program or facility established pursuant to section 13(3). Total estimated number of respondents: 10. Total estimated change in burden: (257,250). Total estimated annual burden hours: 55. Current actions: On March 7, 2024, the Board published a notice in the Federal Register (89 FR 16570) requesting public comment for 60 days on the extension, with revision, of the FR A. The Board revised the FR A by removing certain reporting and disclosure requirements that were specific to COVID–19 era lending facility programs established in 2020, which have since ceased operation. The comment period for this notice expired on May 6, 2024. The Board did not receive any comments. The revisions will be implemented as proposed. Board of Governors of the Federal Reserve System, June 25, 2024. Benjamin W. McDonough, Deputy Secretary and Ombuds of the Board. [FR Doc. 2024–14371 Filed 6–28–24; 8:45 am] BILLING CODE 6210–01–P E:\FR\FM\01JYN1.SGM 01JYN1

Agencies

Federal Maritime Commission

[Federal Register Volume 89, Number 126 (Monday, July 1, 2024)]
[Notices]
[Pages 54460-54461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14447]


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FEDERAL MARITIME COMMISSION

[Docket No. FMC-2024-0005]


Controlled Carriers Under the Shipping Act of 1984

AGENCY: Federal Maritime Commission.

ACTION: Notice.

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

SUMMARY: The Federal Maritime Commission is publishing an updated list 
of controlled carriers, i.e., ocean common carriers operating in U.S.-
foreign trades that are, or whose operating assets are, directly or 
indirectly owned or controlled by foreign governments. Such carriers 
are subject to increased regulatory oversight by the Commission.

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

SUPPLEMENTARY INFORMATION: The Federal Maritime Commission is updating 
the list of controlled carriers to add an entity that qualifies as a 
controlled carrier. The Shipping Act of 1984, as amended (Shipping 
Act), defines a ``controlled carrier'' as an ocean common carrier that 
is, or whose operating assets are, directly or indirectly owned or 
controlled by a government. 46 U.S.C. 40102(9). Ownership or control by 
a government is deemed to exist for a carrier if (1) a majority of the 
interest in the carrier is owned or controlled in any manner by that 
government, an agency of that government, or a public or private person 
controlled by that government, or (2) that government has the right to 
appoint or disapprove the appointment of a majority of the directors, 
the chief operating officer, or the chief executive officer of the 
carrier. Id.; 46 CFR 565.2(a).
    As required by the Shipping Act, controlled carriers are subject to 
enhanced oversight by the Commission. For example, 46 U.S.C. 40701(b) 
provides that the Commission may, after providing notice and 
opportunity for a hearing, prohibit the publication or use of a rate, 
charge, classification, rule, or regulation that a controlled carrier 
has

[[Page 54461]]

failed to demonstrate is just and reasonable. See 46 U.S.C. 40701(b). 
In addition, 46 U.S.C. 40502(f) provides that in an action for a breach 
of a service contract, the dispute resolution forum cannot in any way 
be controlled by or affiliated with a controlled carrier or by the 
government that owns or controls the carrier. See 46 U.S.C. 40502(f). 
Congress enacted these protections to ensure that controlled carriers, 
whose marketplace decision making can be influenced by foreign 
governmental priorities or by their access to non-market sources of 
capital, do not engage in unreasonable below-market pricing practices 
which could disrupt trade or harm privately-owned shipping companies.
    The controlled carrier list is not a comprehensive list of foreign-
owned or controlled ships or ship owners; rather, it is only a list of 
ocean common carriers that are controlled by governments. See 46 U.S.C. 
40102(9). Thus, tramp operators and other non-common carriers are not 
included, nor are non-vessel-operating common carriers, regardless of 
their ownership or control.
    The controlled carrier list was last updated on February 27, 2024. 
See 89 FR 14495. This notice revises the list to add HMM as a 
controlled carrier of the government of the Republic of Korea. It is 
also noted that the United States and the Republic of Korea signed a 
Treaty of Friendship, Commerce and Navigation that entered into force 
on November 7, 1957. As such, HMM is entitled to the exception at 46 
U.S.C. 40706(1), which exempts it from the requirements of Title 46, 
Chapter 407, but not from the provisions of 46 U.S.C. 40502(f) and 46 
U.S.C. 46106(b)(7).
    There are no changes to report with respect to the remaining 
controlled carriers on the list.
    It is requested that any other information regarding possible 
omissions or inaccuracies in this list be provided to the Commission's 
Office of the General Counsel at [email protected]. See 46 CFR 
501.12.
    The amended list of currently classified controlled carriers and 
their corresponding Commission-issued Registered Persons Index numbers 
is set forth below:
    (1) COSCO SHIPPING Lines Co., Ltd. (RPI No. 015614)--People's 
Republic of China;
    (2) Orient Overseas Container Line Limited (RPI No. 011398)--
People's Republic of China;
    (3) OOCL (Europe) Limited (RPI No. 024786)--People's Republic of 
China;
    (4) Hede (HONGKONG) International Shipping Limited (RPI No. 
033332)--People's Republic of China;
    (5) HMM (RPI No. 001452)--Republic of Korea.

    By the Commission.
David Eng,
Secretary.
[FR Doc. 2024-14447 Filed 6-28-24; 8:45 am]
BILLING CODE 6730-02-P

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