81 FR 24703 - Optional Method of Filing Ocean Common Carrier and Marine Terminal Operator Agreements Subject to the Shipping Act of 1984
FEDERAL MARITIME COMMISSION Federal Register Volume 81, Issue 81 (April 27, 2016)
Federal Register Volume 81, Issue 81 (April 27, 2016)
| Page Range | 24703-24706 | |
| FR Document | 2016-09760 |
[Federal Register Volume 81, Number 81 (Wednesday, April 27, 2016)] [Rules and Regulations] [Pages 24703-24706] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-09760] ======================================================================= ----------------------------------------------------------------------- FEDERAL MARITIME COMMISSION 46 CFR Part 535 [Docket No. 16-09] RIN 3072-AC65 Optional Method of Filing Ocean Common Carrier and Marine Terminal Operator Agreements Subject to the Shipping Act of 1984 AGENCY: Federal Maritime Commission. ACTION: Direct final rule; and request for comments. ----------------------------------------------------------------------- SUMMARY: The Federal Maritime Commission (FMC or Commission) amends its regulations relating to the method of filing Ocean Common Carrier and Marine Terminal Operator Agreements to provide for optional filing of these agreements through a new electronic filing system. This optional filing system is intended to facilitate more efficient filing, review, and publication of these agreements. DATES: This rule is effective without further action on June 13, 2016, unless significant adverse comment is received by May 27, 2016. If significant adverse comment is received, the Federal Maritime Commission will publish a timely withdrawal of the rule in the Federal Register. ADDRESSES: You may submit comments by the following methods:Email: [email protected]. Include in the subject line: ``Docket No. 16-09, Commentor/Company name.'' Comments should be attached to the email as a Microsoft Word or text-searchable PDF document. Only non-confidential and public versions of confidential comments should be submitted by email. Mail: Karen V. Gregory, Secretary, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573-0001. Phone: (202) 523-5725. Email: [email protected]. Docket: For access to the docket to read background documents or comments received, go to the Commission's Electronic Reading Room at: http://www.fmc.gov/16-09. Confidential Information: The Commission will provide confidential treatment for identified confidential information to the extent allowed by law. If your comments contain confidential information, you must submit the following: A transmittal letter requesting confidential treatment that identifies the specific information in the comments for which protection is sought and demonstrates that the information is a trade secret or other confidential research, development, or commercial information. A confidential copy of your comments, consisting of the complete filing with a cover page marked ``Confidential-Restricted,'' and the confidential material clearly marked on each page. You should submit the confidential copy to the Commission by mail. A public version of your comments with the confidential information excluded. The public version must state ``Public Version-- confidential materials excluded'' on the cover page and on each affected page, and must clearly indicate any information withheld. You may submit the public version to the Commission by email or mail. FOR FURTHER INFORMATION CONTACT: For questions regarding submitting comments or the treatment of confidential information, contact Karen V. Gregory, Secretary, Phone: (202) 523-5725. Email: [email protected]. For technical questions, contact Florence A. Carr, Director, Bureau of Trade Analysis. Phone: (202) 523-5796. Email: [email protected]. For legal questions, contact Tyler J. Wood, General Counsel. Phone: (202) 523-5740. Email: [email protected]. SUPPLEMENTARY INFORMATION: On January 18, 2011, President Obama issued Executive Order 13563 (E.O. 13563) to emphasize the importance of public participation in adopting regulations, integration and innovation in regulatory actions, flexible approaches in achieving regulatory objectives, and ensuring the objectivity of any scientific and technological information and process in regulatory actions. E.O. 13563 requires executive agencies to develop a plan to periodically review their existing significant regulations to determine whether any such regulations should be modified, streamlined, expanded, or repealed so as to make such agencies' regulatory programs more effective and less burdensome in achieving the regulatory objectives. On July 11, 2011, Executive Order 13579 was issued to encourage independent regulatory agencies to also pursue the goals stated in E.O. 13563. On November 4, 2011, the Commission issued its Plan for Retrospective Review of Existing Rules (Plan) and invited public comment on how it might improve the current regulations.\1\ The Plan included a review schedule for the Commission's existing regulations, which was updated [[Page 24704]] on February 13, 2013. Among the comments received in response to the Plan were the Comments of Ocean Common Carriers on May 18, 2012.\2\ --------------------------------------------------------------------------- \1\ A copy of the Plan and comments filed in response to the Plan that are within the scope of this rulemaking have been placed in the docket. \2\ The commenting carriers consisted of a total of thirty ocean carriers participating in the following agreements active at that time: The fourteen members of the Transpacific Stabilization Agreement (TSA); ten members of the Westbound Transpacific Stabilization Agreement (WTSA); six members of the Central America Discussion Agreement (CADA); eleven members of the West Coast South America Discussion Agreement (WCSADA); five members of the Venezuela Discussion Agreement (VDA); three members of the ABC Discussion Agreement (ABCDA); six members of the United States Australasia Discussion Agreement (USADA); and, the three members of the Australia New Zealand United States Discussion Agreement (ANZUSDA). The carriers' recommendations with respect to agreements, with one exception, are being considered by the Commission under FMC Docket No. 16-04. See Advance Notice of Proposed Rulemaking, Ocean Common Carrier and Marine Terminal Operator Agreements Subject to the Shipping Act of 1984, 81 FR 10188 (Feb. 29, 2016). The exception referenced is the subject of this rulemaking. --------------------------------------------------------------------------- The carriers' comments included a request for the Commission to ``adopt rules and procedures pursuant to which carrier and marine terminal operator agreements can be filed electronically.'' The carriers pointed out that ``virtually all filings made with the Commission, other than agreement filings, are made electronically (e.g., agreement minutes, monitoring reports and guidelines, OTI license applications)'' and noted that ``[i]ronically, the Commission maintains an electronic library of agreements on its Web site, so these agreements are retained electronically in any event.'' While the carriers conclude that the electronic filing of agreements ``would reduce the burden and expense of filing for the industry,'' the Commission notes that doing so would also streamline its internal business processes, thereby resulting in a more efficient regulatory process and expediting public access to agreement filings through the Commission's Web site. These benefits are consistent with Executive Order 13579. Under the Commission's existing rules at 46 CFR 535.401, ``a true copy and seven additional copies of the executed agreement'' must be submitted in paper format to the Commission's Secretary during the regular business hours of 8:30 a.m. to 5:00 p.m., Monday through Friday. The agreement's filing must be accompanied by a letter of transmittal, and, where required, an original and five copies of the completed Information Form, also in paper format. To respond to the industry's request to reduce the regulatory burden associated with the filing of multiple copies of agreements and supporting documents in paper format, the Commission determined that automating the agreement filing process should be given priority. The FMC's Office of Information Technology (OIT), in conjunction with the Bureau of Trade Analysis (BTA), commenced efforts in October 2015 to automate the process of filing agreements with the Commission. BTA met with various agreement filers during development to ensure that the new system would not only provide a user-oriented electronic filing environment but also deliver more robust public search capabilities for the online agreement library based on a variety of filters. Further enhancement of the online agreement library's search capabilities is planned in the future. Initial software development and associated testing to support the electronic agreement filing system has been completed. The Commission now plans to make this technology available as an optional method to file agreements and supporting documents. Use of the automated system will not be required, however, as parties may continue to submit agreements in paper format. Paper filings will be received and processed in the same manner as before. Under the new electronic agreement filing system, supporting documentation previously submitted in paper form may also be appended electronically as part of the filing process. Validity checks incorporated into the automated filing process will allow the filer to verify Commission information regarding agreement parties, thereby ensuring a more accurate public online agreement library, as well as facilitating review and oversight of agreements by the Commission. The system may be accessed through the Commission's Web site at http://www.fmc.gov under Public FMC Databases/Agreement Notices and Library. Prospective filers may register for the electronic agreement filing system and obtain a login and password by following the instructions on the system's Web page. As with current practice, the public will have the ability to view all agreements in the online agreement library; however, the public will not be able to view the filer's letter of transmittal and Information Form, if any. In addition, the filing system is password-protected to ensure the security of information being collected, primarily in supporting documents, and to appropriately restrict external filing permission to the agreement filer and its authorized filing agents. The Commission's rules presently require that each agreement and modification filed must be signed by an official or authorized representative of each of the parties and that the original signature page(s) accompany the agreement's filing. The rules allow some measure of flexibility to filers by permitting faxed or photocopied signatures to accompany the agreement's filing if the copies are replaced with original signatures prior to the agreement's effective date. Sec. 535.403(d). Many times, the individuals who sign an agreement are located overseas or are traveling and may be required to transmit a signature page electronically to filing counsel in order to expedite an agreement's filing, and consequently, its effectiveness. In such cases, agreement counsel submits a photocopy of the parties' signature pages with the agreement's filing, and must follow up by sending the original signatures by mail or courier to the Commission prior to the effective date. While the Commission's rules presently require that the original signatures of the parties executing an agreement must be filed with the Commission, the Shipping Act of 1984 (the Act) 46 U.S.C. 40101 et seq., provides only that ``a true copy of every agreement . . . shall be filed with the Federal Maritime Commission'' and permits the Commission to prescribe the form and manner in which agreements are filed. 46 U.S.C. 40302(a), (c). As the Act does not require the filing of the original agreement with the Commission, removing the parties' requirement to provide original signatures with an agreement's filing would eliminate an unnecessary regulatory burden. The Commission is, therefore, removing this requirement and will begin accepting photocopies and scanned electronic copies of the agreement parties' original signatures. The Commission is similarly removing the requirement that transmittal letters accompanying agreement filings include an original signature. Congressional Review Act The rule is not a ``major rule'' as defined by the Congressional Review Act, codified at 5 U.S.C. 801 et seq. The rule will not result in: (1) An annual effect on the economy of $100,000,000 or more; (2) a major increase in costs or prices; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based companies to compete with foreign- based companies. 5 U.S.C. 804(2). Regulatory Flexibility Act In accordance with the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., the Chairman of the Federal Maritime Commission certifies that this direct final rule will not have a significant [[Page 24705]] economic impact on a substantial number of small entities. The rule applies to the filing requirements for agreements by or among vessel- operating common carriers (VOCCs) and/or marine terminal operators (MTOs). The Commission has previously determined that VOCCs and MTOs do not qualify as small entities because the number of employees and/or gross receipts of these regulated businesses typically exceed the thresholds set under the guidelines of the Small Business Administration.\3\ This rule implements an alternative electronic method for filing agreements with the Commission that is optional for the industry. The current regulations require that agreements be filed with the Commission in paper form. The new electronic system should significantly reduce the burden and expense of filing on the industry. Further, in comments to the Commission's Plan for the Retrospective Review of Existing Rules, a majority of VOCCs specifically requested that the Commission implement an electronic system for filing agreements. --------------------------------------------------------------------------- \3\ See FMC Policy and Procedures Regarding Proper Considerations of Small Entities in Rulemakings, page 4 (February 7, 2003), from the Web site of the FMC at http://www.fmc.gov/assets/1/Page/SBREFA_Guidelines_2003.pdf. --------------------------------------------------------------------------- Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521) requires an agency to seek and receive approval from the Office of Management and Budget (OMB) before collecting information from the public and before making substantive or material modifications to a previously approved information collection. 44 U.S.C. 3507; 5 CFR 1320.5(a), (g). The information-collection contained in Part 535, including the agreement-filing requirements, have been approved by OMB and assigned OMB Control Number 3072-0046. The Commission is modifying this information collection by allowing electronic filing of agreements and expects that this change will reduce the paperwork burdens on regulated entities. The Commission will, however, continue to allow paper filing of agreements. Accordingly, this modification is neither substantive nor material. The expiration date for the Part 535 information collection is November 30, 2016, and the Commission will note the modification and any resulting changes to the burden hour estimate when it seeks an extension of the information collection later this year. Direct Final Rule Justification The Commission expects the amendments to be noncontroversial. Under the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), a final rule may be issued without notice and comment when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. This rule provides an optional electronic method of filing agreements and supporting documents as a more flexible and less burdensome alternative for the regulated parties to those agreements, and maintains the present paper format filing procedures for filers that wish to continue utilizing the current method. The electronic agreement filing system was developed at the behest, in 2012, of thirty global ocean common carriers participating in the major rate discussion agreements filed with the Commission to relieve the regulatory burden of paper filings. Further, the requirement to include original signatures to agreements and transmittal letters, rather than photo- or electronic copies, burdens filers and appears to provide limited, if any, public benefit. Thus, the Commission has determined that providing an opportunity for comment is unnecessary. Therefore, pursuant to 5 U.S.C. 553, notice and comment are not required and this rule may become effective after publication in the Federal Register, unless the Commission receives significant adverse comments within the specified period. The Commission recognizes that parties may have information that could impact the Commission's views and intentions with respect to the revised regulations, and the Commission intends to consider any comments filed. The Commission will withdraw the rule if it receives significant adverse comments. Filed comments that are not adverse may be considered for modifications to Part 535 at a future date. If no significant adverse comment is received, the rule will become effective 15 days after the close of the comment period without additional action. The Administrative Procedure Act generally requires a minimum of 30 days before a final rule can go into effect, but excepts from this requirement rules that relieve a restriction. 5 U.S.C. 553(d)(1). Because this final rule provides for an additional, optional method of filing agreements and removes the requirement that agreement filings and accompanying transmittal letters include original signatures, the rule falls within this exception. List of Subjects in 46 CFR Part 535 Freight, Maritime carriers, Reporting and recordkeeping requirements. Regulatory Text For the foregoing reasons, the Commission amends 46 CFR part 535 as follows: PART 535--OCEAN COMMON CARRIER AND MARINE TERMINAL OPERATOR AGREEMENTS SUBJECT TO THE SHIPPING ACT OF 1984 0 1. The authority citation for part 535 continues to read as follows: Authority: 5 U.S.C. 553; 46 U.S.C. 305, 40101-40104, 40301- 40307, 40501-40503, 40901-40904, 41101-41109, 41301-41302, and 41305-41307. 0 2. Amend Sec. 535.401 by revising paragraphs (a) and (b)(4) to read as follows: Sec. 535.401 General requirements. (a) All agreements (including oral agreements reduced to writing in accordance with the Act) subject to this part and filed with the Commission for review and disposition pursuant to section 6 of the Act (46 U.S.C. 40304, 40306, 41307(b)-(d)), must be submitted to the Commission either in paper during regular business hours to the Secretary, Federal Maritime Commission, Washington, DC 20573, or electronically using the automated agreement filing system. (1) Paper filings. Paper filings must include: (i) A true copy and seven additional copies of the executed agreement; (ii) Where required by this part, an original and five copies of the completed Information Form referenced at subpart E of this part; and (iii) A letter of transmittal as described in paragraph (b) of this section. (2) Electronic filings. (i) Electronic filings using the automated agreement filing system must be made in accordance with the instructions found on the Commission's home page, http://www.fmc.gov. (ii) Electronic filings must include searchable Portable Document Format (PDF) copies of the following: (A) A true copy of the executed agreement; (B) Where required by this part, a completed Information Form referenced at subpart E of this part; and (C) A letter of transmittal as described in paragraph (b) of this section. (b) * * * [[Page 24706]] (4) Be signed by the filing party or on the filing party's behalf by an authorized employee or agent of the filing party. A faxed, photocopied, or scanned signature will be accepted. * * * * * 0 3. Amend Sec. 535.403 by revising paragraph (d) to read as follows: Sec. 535.403 Form of agreements. * * * * * (d) Each agreement and/or modification filed must be signed by an official or authorized representative of each of the parties and must indicate the typewritten full name of the signing party and his or her position, including organizational affiliation. Faxed, photocopied, or scanned signatures will be accepted. * * * * * 0 4. Amend Sec. 535.501 by revising the last sentence of paragraph (b) to read as follows: Sec. 535.501 General requirements. * * * * * (b) * * * In lieu of submitting paper copies, parties may complete and submit their Information Form in the Commission's prescribed electronic format, either on diskette or CD-ROM, or submit the Information Form using the automated agreement filing system in accordance with the instructions found on the Commission's home page, http://www.fmc.gov. * * * * * By the Commission. Karen V. Gregory, Secretary. [FR Doc. 2016-09760 Filed 4-26-16; 8:45 am] BILLING CODE 6731-AA-P
![Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Rules and Regulations 24703
April 1, 2016, revising the rules related FEDERAL MARITIME COMMISSION research, development, or commercial
to trial practice for inter partes review, information.
post-grant review, the transitional 46 CFR Part 535 • A confidential copy of your
program for covered business method [Docket No. 16–09]
comments, consisting of the complete
patents, and derivation proceedings that filing with a cover page marked
RIN 3072–AC65 ‘‘Confidential-Restricted,’’ and the
implemented provisions of the Leahy-
Smith America Invents Act (‘‘AIA’’) confidential material clearly marked on
Optional Method of Filing Ocean each page. You should submit the
providing for trials before the Office. Common Carrier and Marine Terminal confidential copy to the Commission by
This document corrects an error in that Operator Agreements Subject to the mail.
final rule. Shipping Act of 1984 • A public version of your comments
DATES: Effective Date: This rule is Federal Maritime Commission.
AGENCY:
with the confidential information
effective May 2, 2016 and applies to all excluded. The public version must state
Direct final rule; and request for
ACTION:
‘‘Public Version—confidential materials
AIA petitions filed on or after the comments.
effective date and to any ongoing AIA excluded’’ on the cover page and on
preliminary proceeding or trial before SUMMARY: The Federal Maritime each affected page, and must clearly
the Office. Commission (FMC or Commission) indicate any information withheld. You
amends its regulations relating to the may submit the public version to the
FOR FURTHER INFORMATION CONTACT: Commission by email or mail.
method of filing Ocean Common Carrier
Susan L. C. Mitchell, Lead and Marine Terminal Operator FOR FURTHER INFORMATION CONTACT: For
Administrative Patent Judge, by Agreements to provide for optional questions regarding submitting
telephone at (571) 272–9797. filing of these agreements through a new comments or the treatment of
electronic filing system. This optional confidential information, contact Karen
SUPPLEMENTARY INFORMATION: The Office
filing system is intended to facilitate V. Gregory, Secretary, Phone: (202) 523–
published a final rule in the Federal
more efficient filing, review, and 5725. Email: secretary@fmc.gov. For
Register on April 1, 2016 (81 FR 18750), technical questions, contact Florence A.
entitled ‘‘Amendments to the Rules of publication of these agreements.
DATES: This rule is effective without
Carr, Director, Bureau of Trade
Practice for Trials Before the Patent Analysis. Phone: (202) 523–5796. Email:
Trial and Appeal Board.’’ This further action on June 13, 2016, unless
tradeanalysis@fmc.gov. For legal
document corrects an error in significant adverse comment is received
questions, contact Tyler J. Wood,
§ 42.24(a)(1). by May 27, 2016. If significant adverse
General Counsel. Phone: (202) 523–
comment is received, the Federal
The second sentence of § 42.24(a)(1) 5740. Email: generalcounsel@fmc.gov.
Maritime Commission will publish a
should state that the word count or page SUPPLEMENTARY INFORMATION: On
timely withdrawal of the rule in the
limit does not include a table of Federal Register. January 18, 2011, President Obama
contents, a table of authorities, issued Executive Order 13563 (E.O.
ADDRESSES: You may submit comments
mandatory notices under § 42.8, a 13563) to emphasize the importance of
by the following methods: public participation in adopting
certificate of service or word count, or • Email: secretary@fmc.gov. Include
appendix of exhibits or claim listing. regulations, integration and innovation
in the subject line: ‘‘Docket No. 16–09, in regulatory actions, flexible
The reference to ‘‘grounds for standing Commentor/Company name.’’
under § 42.104, § 42.204, or § 42.304’’ approaches in achieving regulatory
Comments should be attached to the objectives, and ensuring the objectivity
was inadvertently included as email as a Microsoft Word or text- of any scientific and technological
administrative items, such as mandatory searchable PDF document. Only non- information and process in regulatory
notices, and in the related discussion in confidential and public versions of actions. E.O. 13563 requires executive
the preamble on pages 18762 and 18763 confidential comments should be agencies to develop a plan to
of the final rule published on April 1, submitted by email. periodically review their existing
2016 (81 FR 18750). This correction • Mail: Karen V. Gregory, Secretary, significant regulations to determine
removes that reference from Federal Maritime Commission, 800 whether any such regulations should be
§ 42.24(a)(1). North Capitol Street NW., Washington, modified, streamlined, expanded, or
DC 20573–0001. Phone: (202) 523–5725. repealed so as to make such agencies’
In rule FR Doc. 2016–07381,
Email: secretary@fmc.gov. regulatory programs more effective and
published on April 1, 2016 (81 FR Docket: For access to the docket to
18750), make the following correction: less burdensome in achieving the
read background documents or
regulatory objectives. On July 11, 2011,
§ 42.24 [Correction] comments received, go to the
Executive Order 13579 was issued to
Commission’s Electronic Reading Room
1. On page 18765, in the second encourage independent regulatory
at: http://www.fmc.gov/16-09.
column, in paragraph (a)(1) of § 42.24, agencies to also pursue the goals stated
Confidential Information: The
correct the second sentence by removing in E.O. 13563.
Commission will provide confidential On November 4, 2011, the
‘‘grounds for standing under § 42.104, treatment for identified confidential Commission issued its Plan for
§ 42.204, or § 42.304,’’. information to the extent allowed by Retrospective Review of Existing Rules
Dated: April 21, 2016. law. If your comments contain (Plan) and invited public comment on
confidential information, you must how it might improve the current
jstallworth on DSK7TPTVN1PROD with RULES
Michelle K. Lee,
submit the following: regulations.1 The Plan included a
Under Secretary of Commerce for Intellectual • A transmittal letter requesting
Property and Director of the United States review schedule for the Commission’s
confidential treatment that identifies the
Patent and Trademark Office. existing regulations, which was updated
specific information in the comments
[FR Doc. 2016–09814 Filed 4–26–16; 8:45 am] for which protection is sought and 1 A copy of the Plan and comments filed in
BILLING CODE 3510–16–P demonstrates that the information is a response to the Plan that are within the scope of
trade secret or other confidential this rulemaking have been placed in the docket.
VerDate Sep<11>2014 15:13 Apr 26, 2016 Jkt 238001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\27APR1.SGM 27APR1](https://thefederalregister.org/doc/81_FR_24784/page/1.svg)
![24704 Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Rules and Regulations
on February 13, 2013. Among the format, the Commission determined that signature page(s) accompany the
comments received in response to the automating the agreement filing process agreement’s filing. The rules allow some
Plan were the Comments of Ocean should be given priority. measure of flexibility to filers by
Common Carriers on May 18, 2012.2 The FMC’s Office of Information permitting faxed or photocopied
The carriers’ comments included a Technology (OIT), in conjunction with signatures to accompany the
request for the Commission to ‘‘adopt the Bureau of Trade Analysis (BTA), agreement’s filing if the copies are
rules and procedures pursuant to which commenced efforts in October 2015 to replaced with original signatures prior
carrier and marine terminal operator automate the process of filing to the agreement’s effective date.
agreements can be filed electronically.’’ agreements with the Commission. BTA § 535.403(d). Many times, the
The carriers pointed out that ‘‘virtually met with various agreement filers individuals who sign an agreement are
all filings made with the Commission, during development to ensure that the located overseas or are traveling and
other than agreement filings, are made new system would not only provide a may be required to transmit a signature
electronically (e.g., agreement minutes, user-oriented electronic filing page electronically to filing counsel in
monitoring reports and guidelines, OTI environment but also deliver more order to expedite an agreement’s filing,
license applications)’’ and noted that robust public search capabilities for the and consequently, its effectiveness. In
‘‘[i]ronically, the Commission maintains online agreement library based on a such cases, agreement counsel submits
an electronic library of agreements on variety of filters. Further enhancement a photocopy of the parties’ signature
its Web site, so these agreements are of the online agreement library’s search pages with the agreement’s filing, and
retained electronically in any event.’’ capabilities is planned in the future. must follow up by sending the original
While the carriers conclude that the Initial software development and signatures by mail or courier to the
electronic filing of agreements ‘‘would associated testing to support the Commission prior to the effective date.
reduce the burden and expense of filing electronic agreement filing system has While the Commission’s rules
for the industry,’’ the Commission notes been completed. The Commission now presently require that the original
that doing so would also streamline its plans to make this technology available signatures of the parties executing an
internal business processes, thereby as an optional method to file agreements agreement must be filed with the
resulting in a more efficient regulatory and supporting documents. Use of the Commission, the Shipping Act of 1984
process and expediting public access to automated system will not be required, (the Act) 46 U.S.C. 40101 et seq.,
agreement filings through the however, as parties may continue to provides only that ‘‘a true copy of every
Commission’s Web site. These benefits submit agreements in paper format. agreement . . . shall be filed with the
are consistent with Executive Order Paper filings will be received and Federal Maritime Commission’’ and
13579. processed in the same manner as before. permits the Commission to prescribe the
Under the Commission’s existing Under the new electronic agreement form and manner in which agreements
rules at 46 CFR 535.401, ‘‘a true copy filing system, supporting documentation are filed. 46 U.S.C. 40302(a), (c). As the
and seven additional copies of the previously submitted in paper form may Act does not require the filing of the
executed agreement’’ must be submitted also be appended electronically as part original agreement with the
in paper format to the Commission’s of the filing process. Validity checks Commission, removing the parties’
Secretary during the regular business incorporated into the automated filing requirement to provide original
hours of 8:30 a.m. to 5:00 p.m., Monday process will allow the filer to verify signatures with an agreement’s filing
through Friday. The agreement’s filing Commission information regarding would eliminate an unnecessary
agreement parties, thereby ensuring a regulatory burden. The Commission is,
must be accompanied by a letter of
more accurate public online agreement therefore, removing this requirement
transmittal, and, where required, an
library, as well as facilitating review and and will begin accepting photocopies
original and five copies of the
oversight of agreements by the and scanned electronic copies of the
completed Information Form, also in
Commission. The system may be agreement parties’ original signatures.
paper format. To respond to the
accessed through the Commission’s Web The Commission is similarly removing
industry’s request to reduce the
site at http://www.fmc.gov under Public the requirement that transmittal letters
regulatory burden associated with the
FMC Databases/Agreement Notices and accompanying agreement filings include
filing of multiple copies of agreements
Library. Prospective filers may register an original signature.
and supporting documents in paper
for the electronic agreement filing
system and obtain a login and password Congressional Review Act
2 The commenting carriers consisted of a total of
thirty ocean carriers participating in the following by following the instructions on the The rule is not a ‘‘major rule’’ as
agreements active at that time: The fourteen system’s Web page. As with current defined by the Congressional Review
members of the Transpacific Stabilization practice, the public will have the ability Act, codified at 5 U.S.C. 801 et seq. The
Agreement (TSA); ten members of the Westbound to view all agreements in the online
Transpacific Stabilization Agreement (WTSA); six
rule will not result in: (1) An annual
members of the Central America Discussion agreement library; however, the public effect on the economy of $100,000,000
Agreement (CADA); eleven members of the West will not be able to view the filer’s letter or more; (2) a major increase in costs or
Coast South America Discussion Agreement of transmittal and Information Form, if prices; or (3) significant adverse effects
(WCSADA); five members of the Venezuela any. In addition, the filing system is
Discussion Agreement (VDA); three members of the
on competition, employment,
ABC Discussion Agreement (ABCDA); six members password-protected to ensure the investment, productivity, innovation, or
of the United States Australasia Discussion security of information being collected, the ability of United States-based
Agreement (USADA); and, the three members of the primarily in supporting documents, and companies to compete with foreign-
Australia New Zealand United States Discussion to appropriately restrict external filing based companies. 5 U.S.C. 804(2).
jstallworth on DSK7TPTVN1PROD with RULES
Agreement (ANZUSDA). The carriers’
recommendations with respect to agreements, with permission to the agreement filer and its
authorized filing agents. Regulatory Flexibility Act
one exception, are being considered by the
Commission under FMC Docket No. 16–04. See The Commission’s rules presently In accordance with the Regulatory
Advance Notice of Proposed Rulemaking, Ocean require that each agreement and Flexibility Act, 5 U.S.C. 601 et seq., the
Common Carrier and Marine Terminal Operator
Agreements Subject to the Shipping Act of 1984, 81
modification filed must be signed by an Chairman of the Federal Maritime
FR 10188 (Feb. 29, 2016). The exception referenced official or authorized representative of Commission certifies that this direct
is the subject of this rulemaking. each of the parties and that the original final rule will not have a significant
VerDate Sep<11>2014 15:13 Apr 26, 2016 Jkt 238001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\27APR1.SGM 27APR1](https://thefederalregister.org/doc/81_FR_24784/page/2.svg)
![24706 Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Rules and Regulations
(4) Be signed by the filing party or on ADDRESSES: You may submit comments procedures of the agency, public
the filing party’s behalf by an authorized using the following method: comment is unnecessary.
employee or agent of the filing party. A • Email: KosarCM@state.gov. You
faxed, photocopied, or scanned must include the RIN in the subject line Regulatory Flexibility, Unfunded
signature will be accepted. of your message. Mandates, SBREFA
* * * * * FOR FURTHER INFORMATION CONTACT: Ms. The Department of State, in
■ 3. Amend § 535.403 by revising Colleen Kosar, Policy Division, Office of accordance with the Regulatory
paragraph (d) to read as follows: the Procurement Executive, A/OPE, Flexibility Act (5 U.S.C. 605(b)), has
2201 C Street NW., Suite 1060, State reviewed this regulation and, by
§ 535.403 Form of agreements. Annex Number 15, Washington, DC approving it, certifies that this rule will
* * * * * 20520. Telephone: 703–516–1685. not have a significant economic impact
(d) Each agreement and/or Email: KosarCM@state.gov. on a substantial number of small
modification filed must be signed by an SUPPLEMENTARY INFORMATION: This entities. This determination was based
official or authorized representative of document updates Parts 601, 606, 608, on the fact that the amendments in this
each of the parties and must indicate the 615, 616, 623, 627, 633, 651 and 652 to rule will not have any cost or
typewritten full name of the signing correct formatting, grammatical, administrative impact on offerors or
party and his or her position, including numbering and wording errors/ contractors. Thus, it was concluded that
organizational affiliation. Faxed, oversights as follows— the rule will not have a significant
photocopied, or scanned signatures will 1. Corrects a cross reference in economic impact on a substantial
be accepted. DOSAR 601.602–1(b); number of small entities. This rule will
* * * * * 2. Corrects a grammatical error in not result in the expenditure by State,
■ 4. Amend § 535.501 by revising the
DOSAR 606.304(a)(2); local, and tribal governments, in the
last sentence of paragraph (b) to read as 3. Corrects the title of DOSAR 606.5; aggregate, or by the private sector, of
follows: 4. Corrects terminology in DOSAR $100 million or more in any year and it
606.501(b) to align with a recent FAR will not significantly or uniquely affect
§ 535.501 General requirements. change; small governments. Therefore, no
* * * * * 5. Adds a delegation of authority in actions were deemed necessary under
(b) * * * In lieu of submitting paper DOSAR 608.405–3(a)(3)(ii); the provisions of the Unfunded
copies, parties may complete and 6. Removes ‘‘DOSAR’’ from DOSAR Mandates Act of 1995. Finally, this rule
submit their Information Form in the 615.205–70 to comply with the is not a major rule as defined by the
Commission’s prescribed electronic referencing convention cited at DOSAR Small Business Regulatory Enforcement
format, either on diskette or CD–ROM, 601.303(c); Act of 1996 (5 U.S.C. 801 et seq.).
or submit the Information Form using 7. Corrects the title of DOSAR
616.103; Executive Orders 12866 and 13563
the automated agreement filing system
in accordance with the instructions 8. Adds a delegation of authority in
The Department of State does not
found on the Commission’s home page, DOSAR 616.504(c)(1)(ii)(D)(1)
9. Adds a paragraph identifier to the consider this rule to be an
http://www.fmc.gov. ‘‘economically significant’’ regulatory
text of DOSAR 623.506;
* * * * * 10. Adds a clarification to DOSAR action under E. O. 12866. The
By the Commission. 627.304–1; Department has reviewed the regulation
Karen V. Gregory, 11. Adds a missing section heading to ensure its consistency with the
for DOSAR 633.214; regulatory philosophy and principles set
Secretary.
12. Retitles DOSAR 633. 214–70; forth in Executive Orders 12866 and
[FR Doc. 2016–09760 Filed 4–26–16; 8:45 am]
13. Redesignates 651.701 as 651.7001; 13563 and finds that the benefits of
BILLING CODE 6731–AA–P updating this rule outweigh any costs,
14. Corrects the capitalization of
‘‘subpart’’ in DOSAR 652.100–70(a) and which the Department assesses to be
(b) to comply with the referencing minimal.
DEPARTMENT OF STATE convention cited at DOSAR 601.303(c); Executive Order 13132 and 13175
15. Corrects the title of DOSAR
48 CFR Parts 601, 606, 608, 615, 616,
subpart 652.2; and This rule will not have substantial
623, 627, 633, 651, and 652 16. Corrects a reference in the direct effects on the States, on the
[Public Notice: 9482] introductory text of DOSAR 652.232–72. relationship between the national
Regulatory Findings government and the States, or on the
RIN 1400–AD92 distribution of power and
Administrative Procedure Act responsibilities among the various
Department of State Acquisition levels of government. The Department
Regulation; Technical Amendments The Department is publishing this
rule as a direct final rule, as an has determined that this rulemaking
AGENCY:Department of State. interpretative rule, general statement of will not have tribal implications, will
Final rule; technical
ACTION: policy, or rule of agency organization, not impose substantial direct
amendments. procedure, or practice, in accordance compliance costs on Indian tribal
with 5 U.S.C. 553(b). The effective date governments, and will not pre-empt
jstallworth on DSK7TPTVN1PROD with RULES
SUMMARY: The Department of State is of this rulemaking is the date of tribal law.
amending the Department of State publication, in accordance with 5 U.S.C. Paperwork Reduction Act
Acquisition Regulation (DOSAR) to 553(d). The Department finds good
make non-substantive corrections and cause for this rule to be effective The rule imposes no new or revised
editorial changes. immediately. Since the amendments in information collections under the
DATES: This rule is effective April 27, this rule are merely technical in nature Paperwork Reduction Act of 1980 (44
2016. or address the internal operating U.S.C. Chapter 35).
VerDate Sep<11>2014 15:13 Apr 26, 2016 Jkt 238001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\27APR1.SGM 27APR1](https://thefederalregister.org/doc/81_FR_24784/page/4.svg)
Document Created: 2018-02-07 13:55:54
Document Modified: 2018-02-07 13:55:54
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule; and request for comments. | |
| Dates | This rule is effective without further action on June 13, 2016, unless significant adverse comment is received by May 27, 2016. If significant adverse comment is received, the Federal Maritime Commission will publish a timely withdrawal of the rule in the Federal Register. | |
| Contact | For questions regarding submitting comments or the treatment of confidential information, contact Karen V. Gregory, Secretary, Phone: (202) 523-5725. Email: [email protected] For technical questions, contact Florence A. Carr, Director, Bureau of Trade Analysis. Phone: (202) 523-5796. Email: [email protected] For legal questions, contact Tyler J. Wood, General Counsel. Phone: (202) 523-5740. Email: [email protected] | |
| FR Citation | 81 FR 24703 | |
| RIN Number | 3072-AC65 | |
| CFR Associated | Freight; Maritime Carriers and Reporting and Recordkeeping Requirements |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR