Extension of Time for Decision in Investigation Into Conditions Affecting United States Carriers in Connection With Canadian Ballast Water Regulation in the United States/Canada Great Lakes Trade, 74273-74274 [2024-20615]
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ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 177 / Thursday, September 12, 2024 / Notices
the Commission) invites the general
public and other Federal agencies to
take this opportunity to comment on the
following information collection.
Comments are requested concerning:
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
the accuracy of the Commission’s
burden estimate; ways to enhance the
quality, utility, and clarity of the
information collected; ways to minimize
the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology; and ways to
further reduce the information
collection burden on small business
concerns with fewer than 25 employees.
The FCC may not conduct or sponsor a
collection of information unless it
displays a currently valid control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
PRA that does not display a valid Office
of Management and Budget (OMB)
control number.
DATES: Written PRA comments should
be submitted on or before November 12,
2024. If you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contact listed below as soon
as possible.
ADDRESSES: Direct all PRA comments to
Nicole Ongele, FCC, via email PRA@
fcc.gov and to nicole.ongele@fcc.gov.
FOR FURTHER INFORMATION CONTACT: For
additional information about the
information collection, contact Nicole
Ongele, (202) 418–2991.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–1261.
Title: Creation of Interstitial 12.5
Kilohertz Channels in the 800 MHz
Band Between 809–817/854–862 MHz.
Form Number: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit; Not-for-profit institutions; State,
Local or Tribal Government.
Number of Respondents and
Responses: 456 respondents; 228
responses.
Estimated Time per Response: 1 hour.
Frequency of Response: One-time
reporting requirement.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this collection is contained
in 47 U.S.C. 151, 154, 301, 303, and 332
of the Communications Act of 1934.
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20:43 Sep 11, 2024
Jkt 262001
Total Annual Burden: 456 hours.
Total Annual Cost: No Cost.
Needs and Uses: This collection will
be submitted as an extension of a
currently approved collection after this
60-day comment period to the Office of
Management and Budget (OMB) in order
to obtain the full three-year clearance.
The purpose of requiring applicants to
obtain letters of concurrence if their
application causes contour overlap
under a forward analysis or receives
contour overlap under a reciprocal
analysis is to ensure incumbents in the
800 MHz Mid-Band are aware of the
contour overlap before an application is
granted.
74273
SUPPLEMENTARY INFORMATION:
I. Introduction
FEDERAL MARITIME COMMISSION
On May 22, 2024, the Federal
Maritime Commission (Commission)
initiated an investigation, pursuant to
46 U.S.C. 42302, of whether conditions
created by the Government of Canada
(Canada) in connection with regulation
of ballast water management systems
adversely affect the operation of United
States carriers in the United States/
Canada Great Lakes trade, in particular
the carriers operating vessels that may
become subject to regulation in
September 2024, within the meaning of
46 U.S. Code, chapter 423 (Foreign
Shipping Practices) (46 U.S.C. 42301–
307). Having determined that the
investigation would be enhanced by
gathering and reviewing additional
information, the Commission now
extends by 90 days, from September 19,
2024, to December 18, 2024, the time for
decision under 46 U.S.C. 42302(c).
[Docket No. FMC–2024–0008]
II. Summary of Status of Investigation
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2024–20692 Filed 9–11–24; 8:45 am]
BILLING CODE 6712–01–P
Extension of Time for Decision in
Investigation Into Conditions Affecting
United States Carriers in Connection
With Canadian Ballast Water
Regulation in the United States/Canada
Great Lakes Trade
Federal Maritime Commission.
Notice of extension of time and
request for comments.
AGENCY:
ACTION:
The Federal Maritime
Commission (Commission) has
extended by 90 days the time for
decision in its investigation into
conditions created by the Government
of Canada (Canada) in connection with
regulation of ballast water management
systems that may adversely affect the
operation of United States carriers in the
United States/Canada Great Lakes trade.
DATES: Submit comments on or before
October 15, 2024.
ADDRESSES: You may submit comments,
identified by Docket No. FMC–2024–
0008, by the following method:
Federal eRulemaking Portal: Your
comments must be written and in
English. You may submit your
comments electronically through the
Federal eRulemaking Portal at
www.regulations.gov. To submit
comments on that site, search for Docket
No. FMC–2024–0008 and follow the
instructions provided.
FOR FURTHER INFORMATION CONTACT: For
questions regarding submitting
comments or the treatment of any
confidential information, contact David
Eng, Secretary; Phone: (202) 523–5725;
Email: Secretary@fmc.gov.
SUMMARY:
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
On May 22, 2024, the Commission on
its own motion initiated a Chapter 423
investigation into Canadian ballast
water management regulation in the
Great Lakes. See Investigation into
Conditions Affecting United States
Carriers in Connection with Canadian
Ballast Water Regulation in the United
States/Canada Great Lakes Trade, FMC–
2024–0008, 89 FR 44979 (May 22, 2024)
(May 2024 Notice of Investigation). In
2020, the Commission had opened an
investigation under 46 U.S. Code,
chapter 421 following a petition by the
Lake Carriers Association (LCA). See
FMC Docket No. 20–10. The petition
alleged that Canadian regulation set to
take effect in September 2024 would
create conditions unfavorable to
shipping by requiring U.S. vessels to
install new ballast water management
systems. Meanwhile, it became apparent
that the U.S. Environmental Protection
Agency (EPA), in its rulemaking to
implement the Vessel Incidental
Discharge Act (VIDA), is likely to issue
rules that are less restrictive than those
of Canada. May 2024 Notice of
Investigation, 89 FR 44979. In a
February 2024 letter, the LCA had noted
that only a small group of U.S. Lakers
built after 2008 (five vessels) would be
affected by the Canadian regulation in
2024, with about 50 older Lakers not
subject to it until 2030. Id. The
Commission’s Notice of Investigation
was issued on May 22, 2024 which,
under the 120-day time limit set by 46
U.S.C. 42302(c), means the current
deadline to complete the investigation is
September 19, 2024.
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ddrumheller on DSK120RN23PROD with NOTICES1
74274
Federal Register / Vol. 89, No. 177 / Thursday, September 12, 2024 / Notices
After the May 2024 Notice of
Investigation, the investigation
proceeded, and the FMC received 14
comments in June 2024. The Canadian
government and those representing the
interests of Canadian carriers, as well as
those representing environmental
interests, opposed the potential
imposition of sanctions. On the other
hand, those representing the interests of
U.S. carriers and workers were
supportive of such measures. At the
same time Transport Canada, the
responsible Canadian agency,
established a procedure for seeking
exemptions that became available to
affected U.S. carriers in late July 2024,
although the Commission understands
that a comparable process had been
available to Canadian carriers much
earlier. See Procedure to request an
exemption to install Ballast Water
Management Systems under Ballast
Water Regulations for foreign-flagged
vessels in Canadian waters, Transport
Canada (July 25, 2024) (Exemption
Procedure), available at https://
tc.canada.ca/en/marine-transportation/
marine-safety-management-system-tp13585-e-tier-ii-procedures/tier-iiprocedure-request-exemption-installballast-water-management-systemsunder-ballast-water-regulations-foreignflagged-vessels-canadian-waters. The
Commission also understands that the
relevant Canadian rule is due to take
effect as to U.S. carriers shortly,
specifically on September 8, 2024.
In light of the above, the Commission
now extends the time for decision in its
Chapter 423 investigation by 90 days,
from the current deadline of September
19, 2024, to December 18, 2024, and it
establishes a new comment period to
gather more information on the apparent
disparity between the exemption
processes available to U.S. and
Canadian carriers, including the
difference in when the exemption
procedures became available. In
particular, the Commission seeks to
gather and review more information
about whether the exemption processes
may have themselves led to adverse
conditions in violation of 46 U.S.C.
42302(a), including information about
developments occurring after the end of
the initial comment period in June 2024.
That will help the Commission continue
to investigate whether the laws, rules,
policies, or practices of Canada result in
conditions that ‘‘adversely affect the
operations of United States carriers in
United States oceanborne trade’’ and
that ‘‘do not exist for foreign carriers of
[Canada] in the United States under the
laws of the United States.’’ 46 U.S.C.
42302(a).
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20:43 Sep 11, 2024
Jkt 262001
If the agency concludes that the
standard of section 42302(a) is met, it is
authorized to take certain actions to
encourage remediation of those
conditions. See May 2024 Notice of
Investigation, 89 FR 44979–80.
Specifically, the Commission may take
actions ‘‘against any foreign carrier that
is a contributing cause, or whose
government is a contributing cause, to
those conditions.’’ 46 U.S.C. 42304(a).
Potential actions include imposing
limits and/or fees on Canadian-flagged
vessels that visit U.S. ports and
requesting that the U.S. Department of
Homeland Security and the U.S. Coast
Guard refuse clearance and deny entry
of such vessels into the U.S., or detain
such vessels. See 46 U.S.C. 42304,
42305. Any such fees could be
substantial, as they are authorized by
law at a level up to $2,559,636 per
voyage. See 46 CFR 506.4. Before any
action is taken under 46 U.S.C. 42304 or
42305, the relevant determination is
submitted for Presidential review,
within 10 days of receipt, under 46
U.S.C. 42306.
III. New Request for Comments
As explained above, the Commission
determined that the above situation
meets the threshold requirements for
consideration under the relevant
statutory and regulatory authority, and
in May 2024, it initiated a Chapter 423
investigation into whether the situation
has created conditions that adversely
affect the operations of United States
carriers. See 46 U.S.C. 42302; 46 CFR
555.3, 555.5, 555.6.
The Commission now finds that it
would enhance its investigation to ask
interested persons to submit written
comments containing arguments,
experiences, and/or data relevant to the
options that have been available for
carriers to seek an exemption from the
Canadian ballast water management
regulations going into effect in
September 2024. In particular, the
Commission seeks information about
the extent to which such processes have
differed based on whether the carrier is
a U.S. carrier or a Canadian carrier,
including but not limited to when the
exemption processes became available
for affected carriers in those categories;
information that was unavailable when
the last comment period closed in June
2024; and information about when
specific carriers were granted or denied
exemptions from the requirements at
issue, as well as the basis for such
decisions.
The Commission’s jurisdiction under
46 U.S.C. 42302 is broad, and the
agency welcomes comments not only
from the Government of Canada, but
PO 00000
Frm 00075
Fmt 4703
Sfmt 9990
also from container shipping interests,
bulk cargo interests, vessel owners,
individuals and groups with relevant
information on commercial and
environmental considerations, and
anyone else with relevant information
or perspectives on this matter.
As the Commission proceeds with
this investigation, it may determine to
request additional comment or gather
information through other means as
authorized under 46 U.S.C. 42303 and
46 CFR 555.5, 555.6.
By the Commission.
David Eng,
Secretary.
[FR Doc. 2024–20615 Filed 9–11–24; 8:45 am]
BILLING CODE 6730–02–P
FEDERAL MINE SAFETY AND HEALTH
REVIEW COMMISSION
Sunshine Act Meetings
2 p.m., Thursday,
September 19, 2024.
TIME AND DATE:
The United States Department of
Labor Auditorium, Frances Perkins
Building, 200 Constitution Avenue NW,
Washington, DC 20210.
PLACE:
STATUS:
Open.
The
Commission will hear oral argument in
the matter of Geneva Rock Products,
Inc., Docket No. WEST 2022–0097.
(Issues include whether the Judge
abused his discretion when he ordered
a stay of the case for an indefinite
duration because of a pending criminal
matter.)
Any person attending this oral
argument who requires special
accessibility features and/or auxiliary
aids, such as sign language interpreters,
must inform the Commission in advance
of those needs. Subject to 29 CFR
2706.150(a)(3) and 2706.160(d).
MATTERS TO BE CONSIDERED:
CONTACT PERSON FOR MORE INFORMATION:
Emogene Johnson (202) 434–9935/(202)
708–9300 for TDD Relay/1–800–877–
8339 for toll free.
Phone Number for Listening to
Meeting: 1 (866) 236–7472, Passcode:
678–100.
(Authority: 5 U.S.C. 552b)
Dated: September 9, 2024.
Sarah L. Stewart,
Deputy General Counsel.
[FR Doc. 2024–20792 Filed 9–10–24; 11:15 am]
BILLING CODE 6735–01–P
E:\FR\FM\12SEN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 177 (Thursday, September 12, 2024)]
[Notices]
[Pages 74273-74274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20615]
=======================================================================
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FEDERAL MARITIME COMMISSION
[Docket No. FMC-2024-0008]
Extension of Time for Decision in Investigation Into Conditions
Affecting United States Carriers in Connection With Canadian Ballast
Water Regulation in the United States/Canada Great Lakes Trade
AGENCY: Federal Maritime Commission.
ACTION: Notice of extension of time and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Federal Maritime Commission (Commission) has extended by
90 days the time for decision in its investigation into conditions
created by the Government of Canada (Canada) in connection with
regulation of ballast water management systems that may adversely
affect the operation of United States carriers in the United States/
Canada Great Lakes trade.
DATES: Submit comments on or before October 15, 2024.
ADDRESSES: You may submit comments, identified by Docket No. FMC-2024-
0008, by the following method:
Federal eRulemaking Portal: Your comments must be written and in
English. You may submit your comments electronically through the
Federal eRulemaking Portal at www.regulations.gov. To submit comments
on that site, search for Docket No. FMC-2024-0008 and follow the
instructions provided.
FOR FURTHER INFORMATION CONTACT: For questions regarding submitting
comments or the treatment of any confidential information, contact
David Eng, Secretary; Phone: (202) 523-5725; Email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
On May 22, 2024, the Federal Maritime Commission (Commission)
initiated an investigation, pursuant to 46 U.S.C. 42302, of whether
conditions created by the Government of Canada (Canada) in connection
with regulation of ballast water management systems adversely affect
the operation of United States carriers in the United States/Canada
Great Lakes trade, in particular the carriers operating vessels that
may become subject to regulation in September 2024, within the meaning
of 46 U.S. Code, chapter 423 (Foreign Shipping Practices) (46 U.S.C.
42301-307). Having determined that the investigation would be enhanced
by gathering and reviewing additional information, the Commission now
extends by 90 days, from September 19, 2024, to December 18, 2024, the
time for decision under 46 U.S.C. 42302(c).
II. Summary of Status of Investigation
On May 22, 2024, the Commission on its own motion initiated a
Chapter 423 investigation into Canadian ballast water management
regulation in the Great Lakes. See Investigation into Conditions
Affecting United States Carriers in Connection with Canadian Ballast
Water Regulation in the United States/Canada Great Lakes Trade, FMC-
2024-0008, 89 FR 44979 (May 22, 2024) (May 2024 Notice of
Investigation). In 2020, the Commission had opened an investigation
under 46 U.S. Code, chapter 421 following a petition by the Lake
Carriers Association (LCA). See FMC Docket No. 20-10. The petition
alleged that Canadian regulation set to take effect in September 2024
would create conditions unfavorable to shipping by requiring U.S.
vessels to install new ballast water management systems. Meanwhile, it
became apparent that the U.S. Environmental Protection Agency (EPA), in
its rulemaking to implement the Vessel Incidental Discharge Act (VIDA),
is likely to issue rules that are less restrictive than those of
Canada. May 2024 Notice of Investigation, 89 FR 44979. In a February
2024 letter, the LCA had noted that only a small group of U.S. Lakers
built after 2008 (five vessels) would be affected by the Canadian
regulation in 2024, with about 50 older Lakers not subject to it until
2030. Id. The Commission's Notice of Investigation was issued on May
22, 2024 which, under the 120-day time limit set by 46 U.S.C. 42302(c),
means the current deadline to complete the investigation is September
19, 2024.
[[Page 74274]]
After the May 2024 Notice of Investigation, the investigation
proceeded, and the FMC received 14 comments in June 2024. The Canadian
government and those representing the interests of Canadian carriers,
as well as those representing environmental interests, opposed the
potential imposition of sanctions. On the other hand, those
representing the interests of U.S. carriers and workers were supportive
of such measures. At the same time Transport Canada, the responsible
Canadian agency, established a procedure for seeking exemptions that
became available to affected U.S. carriers in late July 2024, although
the Commission understands that a comparable process had been available
to Canadian carriers much earlier. See Procedure to request an
exemption to install Ballast Water Management Systems under Ballast
Water Regulations for foreign-flagged vessels in Canadian waters,
Transport Canada (July 25, 2024) (Exemption Procedure), available at
https://tc.canada.ca/en/marine-transportation/marine-safety-management-system-tp-13585-e-tier-ii-procedures/tier-ii-procedure-request-exemption-install-ballast-water-management-systems-under-ballast-water-regulations-foreign-flagged-vessels-canadian-waters. The Commission
also understands that the relevant Canadian rule is due to take effect
as to U.S. carriers shortly, specifically on September 8, 2024.
In light of the above, the Commission now extends the time for
decision in its Chapter 423 investigation by 90 days, from the current
deadline of September 19, 2024, to December 18, 2024, and it
establishes a new comment period to gather more information on the
apparent disparity between the exemption processes available to U.S.
and Canadian carriers, including the difference in when the exemption
procedures became available. In particular, the Commission seeks to
gather and review more information about whether the exemption
processes may have themselves led to adverse conditions in violation of
46 U.S.C. 42302(a), including information about developments occurring
after the end of the initial comment period in June 2024. That will
help the Commission continue to investigate whether the laws, rules,
policies, or practices of Canada result in conditions that ``adversely
affect the operations of United States carriers in United States
oceanborne trade'' and that ``do not exist for foreign carriers of
[Canada] in the United States under the laws of the United States.'' 46
U.S.C. 42302(a).
If the agency concludes that the standard of section 42302(a) is
met, it is authorized to take certain actions to encourage remediation
of those conditions. See May 2024 Notice of Investigation, 89 FR 44979-
80. Specifically, the Commission may take actions ``against any foreign
carrier that is a contributing cause, or whose government is a
contributing cause, to those conditions.'' 46 U.S.C. 42304(a).
Potential actions include imposing limits and/or fees on Canadian-
flagged vessels that visit U.S. ports and requesting that the U.S.
Department of Homeland Security and the U.S. Coast Guard refuse
clearance and deny entry of such vessels into the U.S., or detain such
vessels. See 46 U.S.C. 42304, 42305. Any such fees could be
substantial, as they are authorized by law at a level up to $2,559,636
per voyage. See 46 CFR 506.4. Before any action is taken under 46
U.S.C. 42304 or 42305, the relevant determination is submitted for
Presidential review, within 10 days of receipt, under 46 U.S.C. 42306.
III. New Request for Comments
As explained above, the Commission determined that the above
situation meets the threshold requirements for consideration under the
relevant statutory and regulatory authority, and in May 2024, it
initiated a Chapter 423 investigation into whether the situation has
created conditions that adversely affect the operations of United
States carriers. See 46 U.S.C. 42302; 46 CFR 555.3, 555.5, 555.6.
The Commission now finds that it would enhance its investigation to
ask interested persons to submit written comments containing arguments,
experiences, and/or data relevant to the options that have been
available for carriers to seek an exemption from the Canadian ballast
water management regulations going into effect in September 2024. In
particular, the Commission seeks information about the extent to which
such processes have differed based on whether the carrier is a U.S.
carrier or a Canadian carrier, including but not limited to when the
exemption processes became available for affected carriers in those
categories; information that was unavailable when the last comment
period closed in June 2024; and information about when specific
carriers were granted or denied exemptions from the requirements at
issue, as well as the basis for such decisions.
The Commission's jurisdiction under 46 U.S.C. 42302 is broad, and
the agency welcomes comments not only from the Government of Canada,
but also from container shipping interests, bulk cargo interests,
vessel owners, individuals and groups with relevant information on
commercial and environmental considerations, and anyone else with
relevant information or perspectives on this matter.
As the Commission proceeds with this investigation, it may
determine to request additional comment or gather information through
other means as authorized under 46 U.S.C. 42303 and 46 CFR 555.5,
555.6.
By the Commission.
David Eng,
Secretary.
[FR Doc. 2024-20615 Filed 9-11-24; 8:45 am]
BILLING CODE 6730-02-P
