Sunshine Act Meetings, 74274 [2024-20792]
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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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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
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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
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Agencies
[Federal Register Volume 89, Number 177 (Thursday, September 12, 2024)]
[Notices]
[Page 74274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20792]
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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
Sunshine Act Meetings
TIME AND DATE: 2 p.m., Thursday, September 19, 2024.
PLACE: The United States Department of Labor Auditorium, Frances
Perkins Building, 200 Constitution Avenue NW, Washington, DC 20210.
STATUS: Open.
MATTERS TO BE CONSIDERED: 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).
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