Definition of Unreasonable Refusal To Deal or Negotiate With Respect to Vessel Space Accommodations Provided by an Ocean Common Carrier
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Issuing agencies
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
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<title>Federal Register, Volume 90 Issue 1 (Thursday, January 2, 2025)</title>
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[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]
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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.
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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 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:
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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.
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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
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