Agency Information Collection Activities: Submission for OMB Review; Comment Request
The Federal Maritime Commission (Commission) is giving public notice that the agency has submitted to the Office of Management and Budget (OMB) for approval the continuing information collections (extensions with no changes) described in this notice. The public is invited to comment on the proposed information collections pursuant to the Paperwork Reduction Act of 1995.
Marine Terminal Operator Schedules
This final rule adopts without substantive change the proposed rule. The Federal Maritime Commission (FMC or Commission) seeks to update outdated references to Commission offices, modernize references to technology, and clarify existing requirements associated with the filing of marine terminal operator (MTO) schedules.
Demurrage and Detention Billing Requirements
The Federal Maritime Commission (Commission) is extending the deadline for the submission of public comments in response to its February 15, 2022, Advance Notice of Proposed Rulemaking on demurrage and detention billing requirements. The Commission grants the request by a coalition of associations seeking a 30-day extension to the comment period.
Passenger Vessel Financial Responsibility
The Federal Maritime Commission (Commission) is issuing this final rule to adopt regulatory changes to its passenger vessel operator financial responsibility requirements. The Commission is defining when nonperformance of transportation has occurred and establishing uniform procedures regarding how and when passengers may make claims for refunds under a passenger vessel operator's financial responsibility instrument when nonperformance occurs. This rulemaking resulted from recommendations in an Interim Report issued by the Fact Finding Officer in Commission Fact Finding Investigation No. 30: COVID-19 Impact on Cruise Industry. In the August 25, 2021, Notice of proposed rulemaking, the Commission proposed to modify regulations to revise the definition of Unearned Passenger Revenue, adopt a definition of nonperformance of transportation, and detail the process for obtaining refunds under the PVOs' financial responsibility instruments filed with the Commission. Based on the comments received on the proposed rule, this final rule also clarifies that passengers must wait until the PVO refund period has ended as outlined in the PVO's claims procedure before making a claim against the financial instrument, or the claim has been denied by the PVO. Also, this final rule confirms that claims may be resolved between the passenger and the PVO as an alternative form of compensation. Finally, it creates a small business accommodation by delaying implementation of the new unearned passenger revenue definition by two years for small entities.
Policy Statements on Representative Complaints, Attorney Fees, and Retaliation
The Federal Maritime Commission (Commission) is issuing this notice to advise the public of the availability of three new policy statements related to private party complaints. The Commission adopted the recommendation of the Fact Finding Officer in Fact Finding No. 29: International Ocean Transportation Supply Chain Engagement to issue policy statements on the ability of shippers' associations and trade associations to file complaints with the Commission, the standard for recovering attorney fees in private party complaints, and the anti- retaliation provision of the Shipping Act.
National Shipper Advisory Committee March 2022 Meeting
Notice is hereby given of a meeting of the National Shipper Advisory Commission (NSAC), pursuant to the Federal Advisory Committee Act.
Demurrage and Detention Billing Requirements
The Federal Maritime Commission (Commission) is issuing this Advance Notice of Proposed Rulemaking (ANPRM) to seek comment on whether the Commission should require common carriers and marine terminal operators to include certain minimum information on or with demurrage and detention billings. Also, the Commission is interested in receiving comments on whether it should require common carriers and marine terminal operators to adhere to certain practices regarding the timing of demurrage and detention billings. These changes were recommended by the Fact Finding Officer in Commission Fact Finding 29: International Ocean Transportation Supply Chain Engagement.
Correction to 60-Day Notice Requesting Extension of a Currently Approved Information Collection for Negotiated Rate Arrangements
The Federal Maritime Commission (The Commission) is issuing a correction to the 60-day Public Comment Request notice to extend Information Collection Request (ICR) 3072-0071 published in the Federal Register on December 7, 2021. The notice contains an incorrect annual burden estimate for the Information Collection. Because this correction and extension notice updates the annual respondents and the total annual burden hours in the previously published 60-day notice, the Commission is extending the previous comment period for ICR 3072-0071 for an additional 30 days. The Commission is also extending the comment period for an additional 30 days for ICR 3072-0070, though there are no errors with that previously published 60-day notice.
Investigation Into Conditions Created by Canadian Ballast Water Regulations in the U.S./Canada Great Lakes Trade
Because of developments within Canada and the United States, the Federal Maritime Commission (Commission) is seeking additional public comments on a petition filed by the Lake Carriers' Association (Petitioner) alleging that conditions created by the Government of Canada (Canada) are unfavorable to shipping in the United States/Canada trade.
Inflation Adjustment of Civil Monetary Penalties
The Federal Maritime Commission (Commission) is publishing this final rule to adjust for inflation the civil monetary penalties assessed or enforced by the Commission, pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act). The 2015 Act requires that agencies adjust and publish their new civil penalties by January 15 each year.