83 FR 47123 - Petition of the World Shipping Council for an Exemption From Certain Provisions of the Shipping Act of 1984, as Amended, and for a Rulemaking Proceeding; Notice of Filing and Request for Comments

FEDERAL MARITIME COMMISSION

Federal Register Volume 83, Issue 181 (September 18, 2018)

Page Range		47123-47123
FR Document		2018-20167

Federal Register, Volume 83 Issue 181 (Tuesday, September 18, 2018)

[Federal Register Volume 83, Number 181 (Tuesday, September 18, 2018)]
[Proposed Rules]
[Page 47123]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20167]


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FEDERAL MARITIME COMMISSION

46 CFR Part 530

[Petition No. P3-18]


Petition of the World Shipping Council for an Exemption From 
Certain Provisions of the Shipping Act of 1984, as Amended, and for a 
Rulemaking Proceeding; Notice of Filing and Request for Comments

    Notice is hereby given that the World Shipping Council 
(``Petitioner'') has petitioned the Commission pursuant to 46 CFR 
502.92 ``. . . for an exemption from the service contract filing and 
essential terms publication requirements set forth at 46 U.S.C. 
40502(b) and (d), respectively . . .'' Petitioner ``. . . further 
petitions the Commission for the initiation of a rulemaking proceeding 
to amend its service contract regulations set forth at 46 CFR part 530 
in a manner consistent with the requested exemption.'' Petitioner 
alleges that ``[t]he filing of service contracts and amendments, and 
the publication of essential terms, represent a substantial 
administrative and regulatory burden'' to its ``ocean common carrier 
members.''
    In order for the Commission to make a thorough evaluation of the 
requested exemption and rulemaking presented in the Petition, pursuant 
to 46 CFR 502.92, interested parties are requested to submit views or 
arguments in reply to the Petition no later than November 19, 2018. 
Replies shall be sent to the Secretary by email to [email protected] or 
by mail to Federal Maritime Commission, 800 North Capitol Street NW, 
Washington, DC 20573-0001, and replies shall be served on Petitioner's 
counsel, Wayne R. Rhode, Cozen O' Connor, 1200 19th St. NW, Suite 300, 
Washington, DC 20036, [email protected].
    Non-confidential filings may be submitted in hard copy to the 
Secretary at the above address or by email as a PDF attachment to 
[email protected] and include in the subject line: P3-18 (Commenter/
Company). Confidential filings should not be filed by email. A 
confidential filing must be filed with the Secretary in hard copy only, 
and be accompanied by a transmittal letter that identifies the filing 
as ``Confidential-Restricted'' and describes the nature and extent of 
the confidential treatment requested. The Commission will provide 
confidential treatment to the extent allowed by law for confidential 
submissions, or parts of submissions, for which confidentiality has 
been requested. When a confidential filing is submitted, there must 
also be submitted a public version of the filing. Such public filing 
version shall exclude confidential materials, and shall indicate on the 
cover page and on each affected page ``Confidential materials 
excluded.'' Public versions of confidential filings may be submitted by 
email. The Petition will be posted on the Commission's website at 
http://www.fmc.gov/P3-18. Replies filed in response to the Petition 
will also be posted on the Commission's website at this location.

Rachel E. Dickon,
Secretary.
[FR Doc. 2018-20167 Filed 9-17-18; 8:45 am]
 BILLING CODE 6731-AA-P

Federal Register / Vol. 83, No. 181 / Tuesday, September 18, 2018 / Proposed Rules 47123

a second simple average CPI–U index is (1) Offers the same (or similar) service Commission for the initiation of a
similarly calculated for each subsequent as a former or current experimental rulemaking proceeding to amend its
fiscal year by summing the 12 monthly product; service contract regulations set forth at
CPI–U values for the previous fiscal year (2) Has the same distinct cost or 46 CFR part 530 in a manner consistent
and dividing the sum by 12 (Recent market characteristic as a former or with the requested exemption.’’
Average). Finally, the annual limitation current experimental product; or Petitioner alleges that ‘‘[t]he filing of
for the current fiscal year is calculated (3) Uses (or is based on) data or service contracts and amendments, and
by multiplying $10,000,000 by the assumptions from a former or current the publication of essential terms,
Recent Average divided by 214.463. The market test proceeding. represent a substantial administrative
result is expressed as a number, (c) A request filed under this section and regulatory burden’’ to its ‘‘ocean
rounded to the nearest dollar. shall: common carrier members.’’
(e) The formula for calculating the $10 (1) Identify the market test and docket
number that the proposed non- In order for the Commission to make
Million Adjusted Limitation is as
experimental product or price category a thorough evaluation of the requested
follows: $10 Million Adjusted
is based on; exemption and rulemaking presented in
Limitation = $10,000,000 * (Recent
Average/214.463). (2) Explain the relationship between the Petition, pursuant to 46 CFR 502.92,
the proposed non-experimental product interested parties are requested to
■ 3. Amend § 3035.16 by revising
or price category and market test or submit views or arguments in reply to
paragraphs (c) and (d) to read as follows:
experimental product; the Petition no later than November 19,
§ 3035.16 Exemption from dollar amount (3) Identify any assumptions from the 2018. Replies shall be sent to the
limitation. market test that the request uses or is Secretary by email to Secretary@fmc.gov
* * * * * based on; or by mail to Federal Maritime
(c) The calculation of the $50 Million (4) Include all data from data Commission, 800 North Capitol Street
Adjusted Limitation involves the collection reports in the financial NW, Washington, DC 20573–0001, and
following steps. First, a simple average model, or separately identify and replies shall be served on Petitioner’s
CPI–U index was calculated for fiscal explain any differences between the counsel, Wayne R. Rhode, Cozen O’
year 2008 by summing the monthly data collection reports and the data used Connor, 1200 19th St. NW, Suite 300,
CPI–U values from October 2007 to support the financial model; and Washington, DC 20036, wrohde@
through September 2008 and dividing (5) Quantify the product specific costs cozen.com.
the sum by 12 (Base Average). The associated with the development of the Non-confidential filings may be
resulting Base Average is 214.463. Then, market test; that is, costs incurred before
submitted in hard copy to the Secretary
a second simple average CPI–U index is the market test was implemented.
at the above address or by email as a
similarly calculated for each subsequent (d) If the Postal Service seeks a
PDF attachment to Secretary@fmc.gov
fiscal year by summing the 12 monthly Commission decision by a certain date,
and include in the subject line: P3–18
CPI–U values for the previous fiscal year the Postal Service shall file a request
under this section at least 60 days before (Commenter/Company). Confidential
and dividing the sum by 12 (Recent
the requested decision date. filings should not be filed by email. A
Average). Finally, the annual limitation
(e) The Postal Service shall also file a confidential filing must be filed with the
for the current fiscal year is calculated
notice of its request under this section Secretary in hard copy only, and be
by multiplying $50,000,000 by the
in the market test proceeding’s docket. accompanied by a transmittal letter that
Recent Average divided by 214.463. The
result is expressed as a number, This notice shall include the applicable identifies the filing as ‘‘Confidential-
rounded to the nearest dollar. docket number(s) for the proceeding Restricted’’ and describes the nature and
evaluating the request. extent of the confidential treatment
(d) The formula for calculating the
requested. The Commission will
$50 Million Adjusted Limitation is as [FR Doc. 2018–20287 Filed 9–17–18; 8:45 am]
provide confidential treatment to the
follows: $50 Million Adjusted BILLING CODE 7710–FW–P
extent allowed by law for confidential
Limitation = $50,000,000 * (Recent
Average/214.463). submissions, or parts of submissions, for
which confidentiality has been
■ 4. Revise § 3035.18 to read as follows: FEDERAL MARITIME COMMISSION requested. When a confidential filing is
§ 3035.18 Request to add a non- 46 CFR Part 530 submitted, there must also be submitted
experimental product or price category a public version of the filing. Such
based on an experimental product to the [Petition No. P3–18] public filing version shall exclude
product list. confidential materials, and shall
Petition of the World Shipping Council indicate on the cover page and on each
(a) If the Postal Service seeks to add
for an Exemption From Certain affected page ‘‘Confidential materials
a non-experimental product or price
Provisions of the Shipping Act of 1984, excluded.’’ Public versions of
category based on a former or current
as Amended, and for a Rulemaking confidential filings may be submitted by
experimental product to the market
Proceeding; Notice of Filing and email. The Petition will be posted on
dominant or competitive product list,
Request for Comments
the Postal Service shall file a request, the Commission’s website at http://
pursuant to 39 U.S.C. 3642 and part Notice is hereby given that the World www.fmc.gov/P3-18. Replies filed in
daltland on DSKBBV9HB2PROD with PROPOSALS

3020, subpart B of this chapter, to add Shipping Council (‘‘Petitioner’’) has response to the Petition will also be
a non-experimental product or price petitioned the Commission pursuant to posted on the Commission’s website at
category to the applicable product list. 46 CFR 502.92 ‘‘. . . for an exemption this location.
(b) The Postal Service shall comply from the service contract filing and
Rachel E. Dickon,
with the requirements specified in essential terms publication
paragraphs (c) through (e) of this section requirements set forth at 46 U.S.C. Secretary.
of this section if the proposed non- 40502(b) and (d), respectively . . .’’ [FR Doc. 2018–20167 Filed 9–17–18; 8:45 am]
experimental product or price category: Petitioner ‘‘. . . further petitions the BILLING CODE 6731–AA–P

VerDate Sep<11>2014 16:57 Sep 17, 2018 Jkt 244001 PO 00000 Frm 00023 Fmt 4702 Sfmt 9990 E:\FR\FM\18SEP1.SGM 18SEP1

Document Created: 2018-09-18 01:18:59
Document Modified: 2018-09-18 01:18:59

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		Proposed Rules
FR Citation		83 FR 47123