81_FR_38222 81 FR 38109 - Optional Method of Filing Ocean Common Carrier and Marine Terminal Operator Agreements Subject to the Shipping Act of 1984

81 FR 38109 - 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 113 (June 13, 2016)

Page Range38109-38110
FR Document2016-13889

The Federal Maritime Commission (Commission) is publishing this document to confirm the effective date of the direct final rule published on April 27, 2016.

Federal Register, Volume 81 Issue 113 (Monday, June 13, 2016)
[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)]
[Rules and Regulations]
[Pages 38109-38110]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13889]


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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: Confirmation of effective date of direct final rule.

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SUMMARY: The Federal Maritime Commission (Commission) is publishing 
this document to confirm the effective date of the direct final rule 
published on April 27, 2016.

DATES: The direct final rule published on April 27, 2016 (81 FR 24703) 
will become effective on June 13, 2016.

FOR FURTHER INFORMATION CONTACT: Karen V. Gregory, Secretary, Federal 
Maritime Commission, 800 North Capitol Street NW., Washington, DC 
20573-0001. Phone: (202) 523-5725. Email: [email protected].

SUPPLEMENTARY INFORMATION: On April 27, 2016 (81 FR 24703), the 
Commission published a direct final rule (DFR) amending 46 CFR part 535 
relating to the filing of Ocean Common Carrier and Marine Terminal 
Operator Agreements to provide for optional filing of these agreements 
through a new electronic filing system. The Commission indicated that 
if it did not receive any significant adverse comments by May 27, 2016, 
the DFR would go into effect on June 13, 2016.
    The Commission received only one comment that was not a significant 
adverse comment, but rather in support of the amendments. The commenter 
stated that the amendments are a ``win-win'' and will make the filing 
process of agreements and amendments more efficient, expeditious, and 
effective. The Commission agrees with the commenter that the optional 
filing system will facilitate more efficient filing, review, and 
publication of these agreements.

[[Page 38110]]

Therefore, because the Commission received no significant adverse 
comments, the amendments to 46 CFR part 535 will become effective on 
June 13, 2016.

    By the Commission.
Rachel E. Dickon,
Assistant Secretary.
[FR Doc. 2016-13889 Filed 6-10-16; 8:45 am]
 BILLING CODE 6731-AA-P



                                                                    Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations                                                38109

                                                § 370.30   [Amended]                                       Note to Paragraph (s)(1): If you are                and hazard not otherwise classified
                                                ■  6. Amend § 370.30 by:                                withholding the name in accordance                     (HNOC).
                                                ■  a. In paragraph (a), removing the text               with trade secret criteria, you must                   *     *    *     *    *
                                                ‘‘§ 1A370.10’’, and adding ‘‘§ 370.10’’ in              provide the generic class or category                    Safety Data Sheet or SDS means the
                                                its place; and                                          that is structurally descriptive of the                sheet required to be developed under 29
                                                ■ b. Revising paragraph (a)(2).                         chemical and indicate that the name is                 CFR 1910.1200(g). This term means the
                                                   The revised text reads as follows:                   withheld because of trade secrecy.                     same as the term ‘‘material safety data
                                                                                                        Trade secret criteria are addressed in                 sheet or MSDS’’ defined in this section.
                                                § 370.30 What information must I provide
                                                and what format must I use?
                                                                                                        § 370.64(a).                                           *     *    *     *    *
                                                  (a) * * *                                             *      *    *      *    *                              [FR Doc. 2016–13582 Filed 6–10–16; 8:45 am]
                                                  (2) Submitting a list of all hazardous                   (3) Mixture. If you are reporting a                 BILLING CODE 6560–50–P
                                                chemicals present at your facility at or                mixture, enter the mixture name,
                                                above the applicable threshold levels.                  product name or trade name as provided
                                                The hazardous chemicals on your list                    on the Material Safety Data Sheet                      FEDERAL MARITIME COMMISSION
                                                must be grouped by the specific health                  (MSDS) (or Safety Data Sheet (SDS)) and
                                                and physical hazards as defined in                      provide the Chemical Abstract Service                  46 CFR Part 535
                                                § 370.66. The list must contain the                     (CAS) registry number of the mixture                   [Docket No. 16–09]
                                                chemical or common name of each                         provided on the MSDS (or SDS). If there
                                                hazardous chemical as provided on the                   is no CAS number provided or it is not                 RIN 3072–AC65
                                                MSDS (or SDS).                                          known, check the box ‘‘Not Available.’’
                                                                                                                                                               Optional Method of Filing Ocean
                                                *     *    *     *     *                                *      *    *      *    *
                                                                                                                                                               Common Carrier and Marine Terminal
                                                § 370.40   [Amended]                                       (5) Pure Chemical or Mixture: Indicate              Operator Agreements Subject to the
                                                                                                        which hazard categories (or hazard                     Shipping Act of 1984
                                                ■ 7. Amend § 370.40, paragraph (b), by                  classes) apply to the chemical or the
                                                removing the text ‘‘http://www.epa.gov/                 mixture. The hazard categories (or                     AGENCY:   Federal Maritime Commission.
                                                emergencies’’, and adding ‘‘http://                     physical and health hazards) are defined               ACTION:  Confirmation of effective date of
                                                www.epa.gov/epcra’’ in its place.                       in § 370.66.                                           direct final rule.
                                                ■ 8. Amend § 370.41 by revising the                     *      *    *      *    *
                                                introductory text to read as follows:                                                                          SUMMARY:    The Federal Maritime
                                                                                                        § 370.64    [Amended]                                  Commission (Commission) is publishing
                                                § 370.41 What is Tier I inventory                                                                              this document to confirm the effective
                                                information?                                            ■  10. Amend § 370.64 by removing                      date of the direct final rule published on
                                                  Tier I information provides State and                 ‘‘http://www.epa.gov/emergencies’’ and                 April 27, 2016.
                                                local officials and the public with                     adding ‘‘http://www.epa.gov/epcra’’ in
                                                                                                                                                               DATES: The direct final rule published
                                                information on the general types and                    its place, two times.
                                                                                                                                                               on April 27, 2016 (81 FR 24703) will
                                                locations of hazardous chemicals                                                                               become effective on June 13, 2016.
                                                                                                        ■ 11. Amend § 370.66 by revising the
                                                present at your facility during the
                                                                                                        definition ‘‘Hazard category’’, and                    FOR FURTHER INFORMATION CONTACT:
                                                previous calendar year. The Tier I
                                                                                                        adding in alphabetical order the                       Karen V. Gregory, Secretary, Federal
                                                information is the minimum
                                                                                                        definition ‘‘Safety Data Sheet or SDS’’ to             Maritime Commission, 800 North
                                                information that you must provide to be
                                                                                                        read as follows:                                       Capitol Street NW., Washington, DC
                                                in compliance with the inventory
                                                reporting requirements of this part. If                                                                        20573–0001. Phone: (202) 523–5725.
                                                                                                        § 370.66 How are key words in this part
                                                you are reporting Tier I information, you               defined?                                               Email: secretary@fmc.gov.
                                                must report aggregate information on                    *      *     *     *     *                             SUPPLEMENTARY INFORMATION: On April
                                                hazardous chemicals by hazard                                                                                  27, 2016 (81 FR 24703), the Commission
                                                                                                          Hazard category is divided into two                  published a direct final rule (DFR)
                                                categories. The hazard categories                       categories, health and physical hazards.
                                                (physical and health hazards) are                                                                              amending 46 CFR part 535 relating to
                                                defined in § 370.66. Tier I inventory                     (1) Health hazard means a chemical                   the filing of Ocean Common Carrier and
                                                form includes the following data                        which poses one of the following                       Marine Terminal Operator Agreements
                                                elements:                                               hazardous effects: Carcinogenicity;                    to provide for optional filing of these
                                                                                                        acute toxicity (any route of exposure);                agreements through a new electronic
                                                *     *     *     *     *                               aspiration hazard; reproductive toxicity;              filing system. The Commission
                                                ■ 9. Amend § 370.42 by revising                         germ cell mutagenicity; skin corrosion                 indicated that if it did not receive any
                                                paragraphs (s)(1), (3), and (5) to read as              or irritation; respiratory or skin                     significant adverse comments by May
                                                follows:                                                sensitization; specific target organ                   27, 2016, the DFR would go into effect
                                                § 370.42 What is Tier II inventory                      toxicity (single or repeated exposure);                on June 13, 2016.
                                                information?                                            simple asphyxiant; and hazard not                         The Commission received only one
                                                *     *     *    *    *                                 otherwise classified (HNOC).                           comment that was not a significant
                                                  (s) For each hazardous chemical that                    (2) Physical hazard means a chemical                 adverse comment, but rather in support
                                                you are required to report, you must:                   which poses one of the following                       of the amendments. The commenter
                                                  (1) Pure Chemical: Provide the                        hazardous effects: Flammable (gases,                   stated that the amendments are a ‘‘win-
mstockstill on DSK3G9T082PROD with RULES




                                                chemical name (or the common name of                    aerosols, liquids or solids); gas under                win’’ and will make the filing process of
                                                the chemical) as provided on the                        pressure; explosive; self-heating;                     agreements and amendments more
                                                Material Safety Data Sheet (MSDS) (or                   pyrophoric (liquid or solid); pyrophoric               efficient, expeditious, and effective. The
                                                Safety Data Sheet (SDS)) and provide                    gas; oxidizer (liquid, solid or gas);                  Commission agrees with the commenter
                                                the Chemical Abstract Service (CAS)                     organic peroxide; self-reactive; in                    that the optional filing system will
                                                registry number of the chemical                         contact with water emits flammable gas;                facilitate more efficient filing, review,
                                                provided on the MSDS (or SDS).                          combustible dust; corrosive to metal;                  and publication of these agreements.


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                                                38110               Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations

                                                Therefore, because the Commission                       recreational fishing season for the                    will therefore close at 12:01 a.m., local
                                                received no significant adverse                         private angling component begins on                    time, on June 12, 2016.
                                                comments, the amendments to 46 CFR                      June 1, 2017.                                             The Federal season for the Federal
                                                part 535 will become effective on June                  FOR FURTHER INFORMATION CONTACT:                       for-hire component began at 12:01 a.m.,
                                                13, 2016.                                               Steve Branstetter, NMFS Southeast                      local time, June 1, 2016, and will close
                                                  By the Commission.                                    Regional Office, telephone: 727–824–                   at 12:01 a.m., local time, July 17, 2016
                                                                                                        5305, email: steve.branstetter@noaa.gov.               (81 FR 25583, April 28, 2016). The
                                                Rachel E. Dickon,
                                                                                                        SUPPLEMENTARY INFORMATION: The Gulf
                                                                                                                                                               Federal recreational fishing season for
                                                Assistant Secretary.                                                                                           the for-hire component will not be
                                                [FR Doc. 2016–13889 Filed 6–10–16; 8:45 am]             reef fish fishery includes red snapper
                                                                                                                                                               revised by NMFS as a result of the
                                                                                                        and is managed under the Fishery
                                                BILLING CODE 6731–AA–P                                                                                         recent severe weather, because the
                                                                                                        Management Plan for the Reef Fish
                                                                                                                                                               comparatively longer component fishing
                                                                                                        Resources of the Gulf of Mexico (FMP).
                                                                                                                                                               season allows for greater flexibility in
                                                                                                        The FMP was prepared by the Gulf of
                                                DEPARTMENT OF COMMERCE                                                                                         scheduling fishing trips and greater
                                                                                                        Mexico Fishery Management Council
                                                                                                                                                               opportunity to harvest the component
                                                National Oceanic and Atmospheric                        (Council) and is implemented by NMFS
                                                                                                                                                               ACT.
                                                Administration                                          through regulations at 50 CFR part 622                    The 2017 Federal recreational fishing
                                                                                                        under the authority of the Magnuson-                   seasons for both private angling and for-
                                                50 CFR Part 622                                         Stevens Fishery Conservation and                       hire components begin on June 1, 2017.
                                                                                                        Management Act (Magnuson-Stevens                          On and after the effective date of a
                                                [Docket No. 140818679–5356–02]                          Act).                                                  recreational component closure, the bag
                                                RIN 0648–XE674
                                                                                                           On April 28, 2016, NMFS announced                   and possession limits for red snapper in
                                                                                                        in the Federal Register the 2016                       the respective component are zero.
                                                Fisheries of the Caribbean, Gulf of                     recreational fishing seasons for the                   When the Federal charter vessel/
                                                Mexico, and South Atlantic; Reef Fish                   private angling and Federal charter                    headboat component or entire
                                                Fishery of the Gulf of Mexico;                          vessel/headboat (for-hire) components                  recreational sector is closed, these bag
                                                Extension of the 2016 Gulf of Mexico                    for red snapper in the Gulf EEZ (81 FR                 and possession limits apply in the Gulf
                                                Private Angling Recreational Red                        25583, April 28, 2016). The Federal                    on board a vessel for which a valid
                                                Snapper Season                                          recreational seasons for red snapper in                Federal charter vessel/headboat permit
                                                                                                        the Gulf began on June 1, 2016.                        for Gulf reef fish has been issued,
                                                AGENCY:  National Marine Fisheries                      Regulations at 50 CFR 622.41(q)(2)(i)
                                                Service (NMFS), National Oceanic and                                                                           without regard to where such species
                                                                                                        require NMFS to close the respective                   were harvested, i.e., in state or Federal
                                                Atmospheric Administration (NOAA),                      recreational fishing seasons for Gulf red
                                                Commerce.                                                                                                      waters.
                                                                                                        snapper in Federal waters when the
                                                ACTION: Temporary rule; extension.                      respective recreational component ACT,                 Classification
                                                                                                        specified in 50 CFR 622.41(q)(2)(iii), is                The Regional Administrator for the
                                                SUMMARY:   NMFS extends the                             met or projected to be met. For                        NMFS Southeast Region has determined
                                                recreational fishing season for the                     recreational harvest by the private                    this temporary rule is necessary for the
                                                private angling component for red                       angling component, NMFS determined                     conservation and management of Gulf
                                                snapper in the exclusive economic zone                  that the season would end at 12:01 a.m.,               red snapper and is consistent with the
                                                (EEZ) of the Gulf of Mexico (Gulf)                      local time, on June 10, 2016, which                    Magnuson-Stevens Act and other
                                                through this temporary rule. NMFS                       constituted a 9-day fishing season.                    applicable laws.
                                                previously determined the private                          Landings and effort data are not                      This action is taken under 50 CFR
                                                angling component would reach its                       available in-season to determine if the                622.8(c) and 622.41(q)(2)(i) and is
                                                annual catch target (ACT) for Gulf red                  recreational ACT for the private angling               exempt from review under Executive
                                                snapper by 12:01 a.m., local time, June                 component will be met on June 9, 2016.                 Order 12866.
                                                10, 2016. However, due to recent severe                 However, the eastern Gulf experienced                    These measures are exempt from the
                                                weather conditions in the eastern Gulf,                 severe weather conditions from Tropical                procedures of the Regulatory Flexibility
                                                fishing opportunities were restricted                   Storm Colin during the 2016 red                        Act because the temporary rule is issued
                                                during the recreational fishing season                  snapper recreational fishing season and                without opportunity for prior notice and
                                                for the private angling component.                      it is likely that fishing effort and                   comment.
                                                NMFS has projected the private angling                  landings for the private angling                         This action responds to the best
                                                component will not reach its ACT by                     component are less than NMFS                           scientific information available. The
                                                the current closure date. Therefore,                    projected. The majority of red snapper                 Assistant Administrator for NOAA
                                                NMFS is extending the recreational red                  recreational harvest in the Gulf comes                 Fisheries (AA), finds that the need to
                                                snapper fishing season for the private                  from the eastern Gulf. Because of the                  immediately implement this action to
                                                angling component for 2 days to allow                   assumed effort reduction as a result of                extend the season for the private angling
                                                the ACT to be harvested. The intent of                  severe weather, NMFS has determined                    component for the red snapper
                                                this action is to provide the recreational              that the recreational private angling                  recreational sector constitute good cause
                                                private angling component the                           component will not harvest its red                     to waive the requirements to provide
                                                opportunity to harvest its red snapper                  snapper ACT by the previously                          prior notice and opportunity for public
                                                ACT, and the opportunity to achieve the                 estimated June 10, 2016, closing date.                 comment on this temporary rule
mstockstill on DSK3G9T082PROD with RULES




                                                optimum yield for the fishery, thus                     Based on the assumption that weather                   pursuant to the authority set forth in 5
                                                enhancing social and economic benefits                  conditions will improve and                            U.S.C. 553(b)(B), because such
                                                to the fishery.                                         recreational fishing effort will return to             procedures are unnecessary and
                                                DATES: The extension is effective from                  expected rates, NMFS projects the                      contrary to the public interest. Such
                                                12:01 a.m., local time, June 10, 2016,                  recreational red snapper season for the                procedures are unnecessary because the
                                                until 12:01 a.m., local time, June 12,                  private angling component can be                       rule implementing the recreational red
                                                2016. The beginning of the 2017 Federal                 extended for an additional 2 days, and                 snapper ACLs and ACTs, and the rule


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Document Created: 2018-02-08 07:40:01
Document Modified: 2018-02-08 07:40:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionConfirmation of effective date of direct final rule.
DatesThe direct final rule published on April 27, 2016 (81 FR 24703) will become effective on June 13, 2016.
ContactKaren V. Gregory, Secretary, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573-0001. Phone: (202) 523-5725. Email: [email protected]
FR Citation81 FR 38109 
RIN Number3072-AC65

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