83_FR_47304 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

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 Range47123-47123
FR Document2018-20167

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




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Document Created: 2018-09-18 01:18:59
Document Modified: 2018-09-18 01:18:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
FR Citation83 FR 47123 

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