81 FR 4592 - Ocean Transportation Intermediary Licensing and Financial Responsibility Requirements, and General Duties

FEDERAL MARITIME COMMISSION

Federal Register Volume 81, Issue 17 (January 27, 2016)

Page Range		4592-4593
FR Document		2016-01578

The Federal Maritime Commission corrects rules governing the licensing, financial responsibility requirements and duties of Ocean Transportation Intermediaries that were recently amended to add a section inadvertently omitted and to correct problems which occurred in production of the Code of Federal Regulations.

Federal Register, Volume 81 Issue 17 (Wednesday, January 27, 2016)

[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)]
[Rules and Regulations]
[Pages 4592-4593]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01578]


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FEDERAL MARITIME COMMISSION

46 CFR Part 515

[Docket No. 13-05]
RIN 3072-AC44


Ocean Transportation Intermediary Licensing and Financial 
Responsibility Requirements, and General Duties

AGENCY: Federal Maritime Commission.

ACTION: Correcting amendments.

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SUMMARY: The Federal Maritime Commission corrects rules governing the 
licensing, financial responsibility requirements and duties of Ocean 
Transportation Intermediaries that were recently amended to add a 
section inadvertently omitted and to correct problems which occurred in 
production of the Code of Federal Regulations.

DATES: This correction is effective January 27, 2016.

FOR FURTHER INFORMATION CONTACT: Karen V. Gregory, Secretary, Federal

[[Page 4593]]

Maritime Commission, 800 North Capitol Street NW., Washington, DC 
20573-0001, Tel.: (202) 523-5725, Email: [email protected].

SUPPLEMENTARY INFORMATION: On December 9, 2015, a Final Rule took 
effect significantly amending the Federal Maritime Commission's 
regulations governing Ocean Transportation Intermediaries (OTIs). The 
Final Rule was published in the Federal Register on November 5, 2015, 
80 FR 68721. A section of the regulations in place prior to the Final 
Rule, 46 CFR 515.17, (``Application after revocation or denial''), was 
inadvertently deleted when the Final Rule was published. This 
correction re-inserts the section content at 46 CFR 515.18, and moves 
another section's content to section 515.17 so that the regulations are 
in the proper order.
    This correction also fixes three minor typographical errors that 
were created in the course of production of the Code of Federal 
Regulations in 46 CFR 515.42 and Appendix D to part 515.

List of Subjects in 46 CFR Part 515

    Freight, Freight forwarders, Maritime carriers, Reporting and 
recordkeeping requirements.

    For the reasons stated in the SUPPLEMENTARY INFORMATION, the 
Federal Maritime Commission corrects 46 CFR part 515 as follows:

PART 515--LICENSING, FINANCIAL RESPONSIBILITY REQUIREMENTS, AND 
GENERAL DUTIES FOR OCEAN TRANSPORTATION INTERMEDIARIES

0
1. The authority citation for part 515 continues to read as follows:

    Authority:  5 U.S.C. 553; 31 U.S.C. 9701; 46 U.S.C. 305, 40102, 
40104, 40501-40503, 40901-40904, 41101-41109, 41301-41302, 41305-
41307; Pub. L. 105-383, 112 Stat. 3411; 21 U.S.C. 862.

Subpart B--Eligibility and Procedure for Licensing and Registration


Sec.  515.18  [Redesignated as Sec.  515.17]

0
2. Redesignate Sec.  515.18 as Sec.  515.17.

0
3. Add new Sec.  515.18 to read as follows:


Sec.  515.18  Application after revocation or denial.

    Whenever a license has been revoked or an application has been 
denied because the Commission has found the licensee or applicant to be 
not qualified to render ocean transportation intermediary services, any 
further application within 3 years of the Commission's notice of 
revocation or denial, made by such former licensee or applicant or by 
another applicant employing the same qualifying individual or 
controlled by persons whose conduct the Commission based its 
determination for revocation or denial, shall be reviewed directly by 
the Commission.

Subpart E--Freight Forwarding Fees and Compensation

0
4. In Sec.  515.42:
0
a. Revise the section heading.
0
b. In paragraph (c), in the last sentence, remove the numeral ``2'' and 
add in its place ``_''.
    The revision reads as follows:


Sec.  515.42  Forwarder and carrier compensation; fees.

* * * * *

Appendix D to Part 515 [Amended]

0
5. In Appendix D remove ``the _, day of _'' and add in its place ``the 
_, day of_,_'' every place it occurs.

Karen V. Gregory,
Secretary.
[FR Doc. 2016-01578 Filed 1-26-16; 8:45 am]
 BILLING CODE 6731-AA-P

4592 Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Rules and Regulations

wish to comment on actions by U.S.C. 4321–4370f), and have Commander, including a Coast Guard
employees of the Coast Guard, call 1– determined that this action is one of a coxswain, petty officer, or other officers
888–REG–FAIR (1–888–734–3247). The category of actions that do not operating a Coast Guard vessel and a
Coast Guard will not retaliate against individually or cumulatively have a Federal, State, and local officer
small entities that question or complain significant effect on the human designated by or assisting the Captain of
about this rule or any policy or action environment. This rule involves an the Port (COTP) Morgan City in the
of the Coast Guard. emergency safety measure limiting enforcement of the safety zone.
access to the area described as the (c) Regulations. (1) Under the general
C. Collection of Information safety zone regulations in subpart C of
Bayou Chene beginning at mile 130.0 on
This rule will not call for a new the Atchafalaya River extending north this part, you may not enter the safety
collection of information under the through the Bayou Chene and ending at zone described in paragraph (a) of this
Paperwork Reduction Act of 1995 (44 Mile 85.0 of the Intercoastal Waterway. section unless authorized by the COTP
U.S.C. 3501–3520). This emergency situation requires a or the COTP’s designated representative.
safety zone lasting longer than one week (2) To seek permission to enter,
D. Federalism and Indian Tribal
so a preliminary environmental analysis contact the COTP or the COTP’s
Governments
checklist and a categorical exclusion representative via VHF–FM channel 16,
A rule has implications for federalism determination are being prepared and or through Coast Guard Marine Safety
under E.O. 13132, Federalism, if it has will be made available as indicated Unit Morgan City at 985–380–5334.
a substantial direct effect on the States, under ADDRESSES. We seek any Those in the safety zone must comply
on the relationship between the national comments or information that may lead with all lawful orders or directions
government and the States, or on the to the discovery of a significant given to them by the COTP or the
distribution of power and environmental impact from this rule. COTP’s designated representative.
responsibilities among the various (d) Enforcement periods. This rule is
levels of government. We have analyzed G. Protest Activities effective from 8:00 a.m. on January 7,
this rule under that Order and have The Coast Guard respects the First 2016 through 11:59 p.m. on February
determined that it is consistent with the Amendment rights of protesters. 29, 2016 or until waters recede and
fundamental federalism principles and Protesters are asked to contact the conditions allow for safe navigation.
preemption requirements described in person listed in the FOR FURTHER (e) Informational broadcasts. The
E.O. 13132. INFORMATION CONTACT section to COTP or a designated representative
Also, this rule does not have tribal coordinate protest activities so that your will inform the public through
implications under E.O. 13175, message can be received without broadcasts notice to mariners of the
Consultation and Coordination with jeopardizing the safety or security of enforcement period for the emergency
Indian Tribal Governments, because it people, places or vessels. safety zone as well as any changes in the
does not have a substantial direct effect dates and times of enforcement.
on one or more Indian tribes, on the List of Subjects in 33 CFR Part 165
Dated: January 6, 2016.
relationship between the Federal Harbors, Marine safety, Navigation D.G. McClellan,
Government and Indian tribes, or on the (water), Reporting and recordkeeping Captain, U.S. Coast Guard, Alternate Captain
distribution of power and requirements, Security measures, of the Port Morgan City.
responsibilities between the Federal Waterways. [FR Doc. 2016–01631 Filed 1–26–16; 8:45 am]
Government and Indian tribes. If you For the reasons discussed in the BILLING CODE 9110–04–P
believe this rule has implications for preamble, the Coast Guard amends 33
federalism or Indian tribes, please CFR part 165 as follows:
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section PART 165—REGULATED NAVIGATION FEDERAL MARITIME COMMISSION
above. AREAS AND LIMITED ACCESS AREAS 46 CFR Part 515
E. Unfunded Mandates Reform Act ■ 1. The authority citation for part 165 [Docket No. 13–05]
The Unfunded Mandates Reform Act continues to read as follows:
RIN 3072–AC44
of 1995 (2 U.S.C. 1531–1538) requires Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
Federal agencies to assess the effects of 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Ocean Transportation Intermediary
their discretionary regulatory actions. In Department of Homeland Security Delegation Licensing and Financial Responsibility
particular, the Act addresses actions No. 0170.1. Requirements, and General Duties
that may result in the expenditure by a
■ 2. Add § 165.T08–0016 to read as AGENCY: Federal Maritime Commission.
State, local, or tribal government, in the
follows: ACTION: Correcting amendments.
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or § 165.T08–0016 Safety Zone; Bayou
more in any one year. Though this rule Chene, beginning at mile 130.0 on the
SUMMARY: The Federal Maritime
will not result in such an expenditure, Atchafalaya River extending through the Commission corrects rules governing
we do discuss the effects of this rule Bayou Chene ending at Mile 85.0 on the the licensing, financial responsibility
elsewhere in this preamble. Intercoastal Waterway Morgan City, LA. requirements and duties of Ocean
(a) Location. The following area is a Transportation Intermediaries that were
asabaliauskas on DSK5VPTVN1PROD with RULES

F. Environment safety zone: All waters of the Bayou recently amended to add a section
We have analyzed this rule under Chene beginning at mile 130.0 on the inadvertently omitted and to correct
Department of Homeland Security Atchafalaya River extending north problems which occurred in production
Management Directive 023–01 and through the Bayou Chene and ending at of the Code of Federal Regulations.
Commandant Instruction M16475.lD, Mile 85.0 on the Intercoastal Waterway. DATES: This correction is effective
which guide the Coast Guard in (b) Definitions. As used in this January 27, 2016.
complying with the National section, designated representative FOR FURTHER INFORMATION CONTACT:
Environmental Policy Act of 1969 (42 means a Coast Guard Patrol Karen V. Gregory, Secretary, Federal

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Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Rules and Regulations 4593

Maritime Commission, 800 North applicant or by another applicant SUPPLEMENTARY INFORMATION:
Capitol Street NW., Washington, DC employing the same qualifying
I. Background
20573–0001, Tel.: (202) 523–5725, individual or controlled by persons
Email: secretary@fmc.gov. whose conduct the Commission based The General Services Administration
SUPPLEMENTARY INFORMATION: On its determination for revocation or (GSA) published a proposed rule in the
December 9, 2015, a Final Rule took denial, shall be reviewed directly by the Federal Register at 80 FR 45498 on July
effect significantly amending the Commission. 30, 2015 to revise sections of GSAR Part
Federal Maritime Commission’s 536, Construction and Architect-
regulations governing Ocean Subpart E—Freight Forwarding Fees Engineer Contracts, and Part 552,
Transportation Intermediaries (OTIs). and Compensation Solicitation Provisions and Contract
The Final Rule was published in the ■ 4. In § 515.42: Clauses, to remove unnecessary
Federal Register on November 5, 2015, ■ a. Revise the section heading. construction clauses. No comments
80 FR 68721. A section of the ■ b. In paragraph (c), in the last were received on the proposed rule.
regulations in place prior to the Final sentence, remove the numeral ‘‘2’’ and II. Discussion of Analysis
Rule, 46 CFR 515.17, (‘‘Application after add in its place ‘‘l’’.
revocation or denial’’), was The revision reads as follows: No changes were made to the rule as
inadvertently deleted when the Final there were no comments received.
Rule was published. This correction re- § 515.42 Forwarder and carrier
inserts the section content at 46 CFR compensation; fees. III. Executive Orders 12866 and 13563
515.18, and moves another section’s * * * * * Executive Orders (E.O.s) 12866 and
content to section 515.17 so that the Appendix D to Part 515 [Amended] 13563 direct agencies to assess all costs
regulations are in the proper order. and benefits of available regulatory
This correction also fixes three minor ■ 5. In Appendix D remove ‘‘the l, day alternatives and, if regulation is
typographical errors that were created in of l’’ and add in its place ‘‘the l, day necessary, to select regulatory
the course of production of the Code of ofl,l’’ every place it occurs. approaches that maximize net benefits
Federal Regulations in 46 CFR 515.42 Karen V. Gregory, (including potential economic,
and Appendix D to part 515. environmental, public health and safety
Secretary.
List of Subjects in 46 CFR Part 515 [FR Doc. 2016–01578 Filed 1–26–16; 8:45 am]
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
Freight, Freight forwarders, Maritime BILLING CODE 6731–AA–P
importance of quantifying both costs
carriers, Reporting and recordkeeping and benefits, of reducing costs, of
requirements. harmonizing rules, and of promoting
For the reasons stated in the GENERAL SERVICES
flexibility. This is not a significant
SUPPLEMENTARY INFORMATION, the ADMINISTRATION
regulatory action and, therefore, was not
Federal Maritime Commission corrects subject to review under Section 6(b) of
46 CFR part 515 as follows: 48 CFR Parts 536 and 552
E.O. 12866, Regulatory Planning and
[Change 68; GSAR Case 2015–G508; Docket Review, dated September 30, 1993. This
PART 515—LICENSING, FINANCIAL No. 2005–0013; Sequence No. 1] rule is not a major rule under 5 U.S.C.
RESPONSIBILITY REQUIREMENTS, 804.
RIN 3090–AI81
AND GENERAL DUTIES FOR OCEAN
TRANSPORTATION INTERMEDIARIES General Services Administration IV. Regulatory Flexibility Act
Acquisition Regulation (GSAR); GSA does not expect this final rule to
■ 1. The authority citation for part 515
Removal of Unnecessary Construction have a significant economic impact on
continues to read as follows:
Clauses and Editorial Changes a substantial number of small entities
Authority: 5 U.S.C. 553; 31 U.S.C. 9701;
46 U.S.C. 305, 40102, 40104, 40501–40503, AGENCY: Office of Acquisition Policy, within the meaning of the Regulatory
40901–40904, 41101–41109, 41301–41302, General Services Administration (GSA) Flexibility Act, at 5 U.S.C. 601, et.seq.,
41305–41307; Pub. L. 105–383, 112 Stat. because the rule only deletes
ACTION: Final rule.
3411; 21 U.S.C. 862. unnecessary sections and clauses and
SUMMARY: This final rule amends the does not contain substantive changes.
Subpart B—Eligibility and Procedure General Services Administration However, a Final Regulatory Flexibility
for Licensing and Registration Acquisition Regulation (GSAR) coverage Analysis (FRFA) has been prepared.
§ 515.18 [Redesignated as § 515.17]
on Construction and Architect-Engineer There were no comments submitted in
Contracts, including provisions and response to the initial regulatory flexibility
■ 2. Redesignate § 515.18 as § 515.17. clauses for solicitations and resultant analysis provided in the proposed rule. The
■ 3. Add new § 515.18 to read as contracts, to remove unnecessary final rule changes will not have a significant
follows: regulations. economic impact on a substantial number of
small entities. The rule changes do not place
§ 515.18 Application after revocation or DATES: Effective: January 27, 2016. any new requirements on small entities. The
denial. FOR FURTHER INFORMATION CONTACT: For section, provision and clause associated with
Whenever a license has been revoked clarification of content, contact Ms. project labor agreement is no longer a
asabaliauskas on DSK5VPTVN1PROD with RULES

or an application has been denied Christina Mullins, General Services requirement based on Executive Order 13202
because the Commission has found the Acquisition Policy Division, GSA, by and because Executive Order 13502 was
licensee or applicant to be not qualified phone at 202–969–4066 or by email at incorporated into FAR Subpart 22.5. The
provisions and associated clauses for
to render ocean transportation Christina.Mullins@gsa.gov. For specialist, working hours, use of premises,
intermediary services, any further information pertaining to status or measurements, samples, heat, and
application within 3 years of the publication schedules, contact the government use of equipment are considered
Commission’s notice of revocation or Regulatory Secretariat at 202–501–4755. technical requirements that are contained in
denial, made by such former licensee or Please cite GSAR case 2015–G508. the scope of work or specifications.

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Document Created: 2018-02-02 12:40:15
Document Modified: 2018-02-02 12:40:15

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		Correcting amendments.
Dates		This correction is effective January 27, 2016.
Contact		Karen V. Gregory, Secretary, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573-0001, Tel.: (202) 523-5725, Email: [email protected]
FR Citation		81 FR 4592
RIN Number		3072-AC44
CFR Associated		Freight; Freight Forwarders; Maritime Carriers and Reporting and Recordkeeping Requirements