Rule2024-31017

Definition of Unreasonable Refusal To Deal or Negotiate With Respect to Vessel Space Accommodations Provided by an Ocean Common Carrier

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
January 2, 2025
Effective
February 3, 2025

Issuing agencies

Federal Maritime Commission

Abstract

The Federal Maritime Commission (FMC or Commission) received approval from the Office of Management and Budget (OMB) for an information collection request associated with the final rule, "Definition of Unreasonable Refusal to Deal or Negotiate with Respect to Vessel Space Accommodations Provided by an Ocean Common Carrier." This rule announces the effective date for the requirements for ocean common carriers to annually file a documented export policy with the Commission and provides implementing instructions. In the final rule published July 23, 2024, the Commission stated it would publish a document in the Federal Register (FR) announcing the effective date of the collection-of-information-related sections upon OMB approval. This rule establishes the effective date of the relevant provisions. It also corrects an error in the regulatory text.

Full Text

<html>
<head>
<title>Federal Register, Volume 90 Issue 1 (Thursday, January 2, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 1 (Thursday, January 2, 2025)]
[Rules and Regulations]
[Page 30]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31017]


=======================================================================
-----------------------------------------------------------------------

FEDERAL MARITIME COMMISSION

46 CFR Part 542

[Docket No. FMC-2023-0010]
RIN 3072-AC92


Definition of Unreasonable Refusal To Deal or Negotiate With 
Respect to Vessel Space Accommodations Provided by an Ocean Common 
Carrier

AGENCY: Federal Maritime Commission.

ACTION: Final rule; announcement of effective date; correction.

-----------------------------------------------------------------------

SUMMARY: The Federal Maritime Commission (FMC or Commission) received 
approval from the Office of Management and Budget (OMB) for an 
information collection request associated with the final rule, 
``Definition of Unreasonable Refusal to Deal or Negotiate with Respect 
to Vessel Space Accommodations Provided by an Ocean Common Carrier.'' 
This rule announces the effective date for the requirements for ocean 
common carriers to annually file a documented export policy with the 
Commission and provides implementing instructions. In the final rule 
published July 23, 2024, the Commission stated it would publish a 
document in the Federal Register (FR) announcing the effective date of 
the collection-of-information-related sections upon OMB approval. This 
rule establishes the effective date of the relevant provisions. It also 
corrects an error in the regulatory text.

DATES: The amendments adding 46 CFR 542.1(j) (instruction 2) and 46 CFR 
542.99 (instruction 3), published on July 23, 2024 (89 FR 59648), are 
effective on February 3, 2025. The correction to 46 CFR 542.99 is 
effective February 3, 2025.
    Parties required to file a documented export policy must file their 
initial documented export policy with the Commission on or before March 
1, 2025. Subsequent annual documented export policies must subsequently 
be filed on or before March 1 for each calendar year.

ADDRESSES: Background documents associated with this collection are 
available on <a href="http://www.reginfo.gov">www.reginfo.gov</a> (search OMB Control No. 3072-0076) and 
<a href="http://www.regulations.gov">www.regulations.gov</a> (search Docket No. FMC-2023-0010).

FOR FURTHER INFORMATION CONTACT: David Eng, Secretary; Phone: (202) 
523-5725; Email: <a href="/cdn-cgi/l/email-protection#2a594f49584f5e4b58536a4c4749044d455c"><span class="__cf_email__" data-cfemail="4a392f29382f3e2b38330a2c2729642d253c">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: On July 23, 2024, in accordance with the 
Ocean Shipping Reform Act of 2022, the Federal Maritime Commission 
published the final rule, ``Definition of Unreasonable Refusal to Deal 
or Negotiate with Respect to Vessel Space Accommodations Provided by an 
Ocean Common Carrier.'' The final rule contained two provisions, 46 CFR 
542.1(j), and 46 CFR 542.99, that were delayed indefinitely, pending 
information collection approval from OMB under the Paperwork Reduction 
Act of 1995, 44 U.S.C. 3501-3520. On September 27, 2024, OMB, Office of 
Information and Regulatory Affairs, approved the information collection 
requirements (<a href="https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202407-3072-001">https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202407-3072-001</a>). The assigned OMB Control Number is 
3072-0076. Accordingly, FMC announces that 46 CFR 542.1(j) and 46 CFR 
542.99 are effective February 3, 2025. FMC is also making a minor 
correction to 46 CFR 542.99.

Filing Instructions

    Unless superseded by subsequent Commission order or filing 
instructions issued by the Commission:
    1. Parties required under 46 CFR 542.4(j) to file a documented 
export policy must file their initial documented export policy with the 
Commission on or before March 1, 2025. Subsequent annual documented 
export policies must be filed with the Commission on or before March 1 
of each calendar year. A documented export policy should cover the time 
period until the next policy is due for submission; carriers may file 
updated versions more frequently as needed.
    2. Documents must be submitted in English, and any monetary terms 
shall be expressed in terms of U.S. currency.
    3. If any topics listed under 541.2(j)(1)(i), 541.2(j)(1)(ii), and/
or 541.2(j)(1)(iii) are not addressed in a documented export policy 
because they are not applicable, the documented export policy should 
attest to this inapplicability clearly and unambiguously and provide an 
explanation for non-applicability.
    4. Submissions shall be signed by a duly authorized officer of the 
regulated party with a copy of evidence of the officer's authority.

List of Subjects in 46 CFR Part 542

    Administrative practice and procedure, Non-vessel-operating common 
carriers, Ocean common carrier, Refusal to deal or negotiate, Vessel-
operating common carriers, Vessel space accommodations.

    For the reasons set forth in the preamble, FMC corrects 46 CFR part 
542 by making the following correcting amendment:

0
1. The authority citation for part 542 continues to read as follows:

    Authority:  5 U.S.C. 553; and 46 U.S.C. 40104, 46105, 40307, 
40501-40503, 40901-40904, 41101-41106.


0
2. Revise Sec.  542.99 to read as follows:


Sec.  542.99  OMB control number assigned pursuant to the Paperwork 
Reduction Act.

    The Commission has received Office of Management and Budget 
approval for the collection of information in Sec.  542.1(j) of this 
part pursuant to the Paperwork Reduction Act of 1995, as amended. The 
valid control number for this collection is 3072-0076.

    By the Commission.
David Eng,
Secretary.
[FR Doc. 2024-31017 Filed 12-31-24; 8:45 am]
BILLING CODE 6730-02-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Indexed from Federal Register on January 2, 2025.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.