Unified Agenda
46 CFR Ch. IV
AGENCY:
Federal Maritime Commission.
ACTION:
Regulatory plan and semiannual regulatory agenda.
SUMMARY:
Pursuant to section 4(b) of Executive Order 12866 and the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Commission anticipates having under consideration, during the period from October 1, 2001, to September 30, 2002, actions in the areas listed below.
FOR FURTHER INFORMATION CONTACT:
For further information concerning Commission rulemaking proceedings or the status of any matter listed below, contact: Bryant L. VanBrakle, Secretary, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573, (202) 523-5725.
SUPPLEMENTARY INFORMATION:
Section 602 of the Regulatory Flexibility Act (5 U.S.C. 602) requires the publication of an agenda of items for which regulatory agencies may propose or promulgate a rule which is likely to have a significant economic impact on a substantial number of small entities. Section 4(b) of Executive Order 12866 also requires agencies to publish a regulatory agenda. The agendas include information on regulatory activities being conducted or reviewed during the succeeding 12 months by the Commission.
The following is the Commission's unified regulatory agenda. The agenda does not necessarily include all petitions for rulemakings that are under staff review.
In addition, the Commission maintains a compilation of the status of pending rulemaking proceedings and a listing of rules that have become final since the publication of the most recent regulatory agenda. This will be made available to the public, including the press and interested persons.
The Commission currently has no actions under consideration that constitute "significant regulatory actions" under the definition in Executive Order 12866. This edition of the Unified Agenda of Federal Regulatory and Deregulatory Actions includes The Regulatory Plan, which appears in part II of this issue of the Federal Register. The Federal Maritime Commission's Statement of Regulatory Priorities is included in part II.
Bryant L. VanBrakle, Secretary.
| Federal Maritime Commission—Proposed Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 4462 | Content of Ocean Common Carrier and Marine Terminal Operator Agreements Subject to the Shipping Act of 1984 (Docket No. 99-13) | 3072-AC11 |
| 4463 | Impact of Government Paperwork Elimination Act and Electronic Signatures in Global and National Commerce Act (Docket No. 01-08) | 3072-AC17 |
| Federal Maritime Commission—Long-Term Actions | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 4464 | Coloading Practices and Possible Section 16 Exemption for Coloading (Docket Nos. 93-22 and 94-26) | 3072-AB75 |
| 4465 | Financial Responsibility Requirements for Nonperformance of Transportation and Inquiry Into Alternative Forms (Docket No. 94-06; Further Notice of Proposed Rulemaking) | 3072-AB80 |
| 4466 | Port Restrictions and Requirements in the United States/Japan Trade (Docket No. 96-20) | 3072-AB97 |
| Federal Maritime Commission—Completed Actions | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 4467 | Public Access Charges to Carrier Automated Tariffs and Tariff Systems Under the Ocean Shipping Reform Act of 1998 (Docket No. 00-07) | 3072-AC14 |
| 4468 | Alternative Dispute Resolution (Docket No. 01-05) | 3072-AC18 |
4462. CONTENT OF OCEAN COMMON CARRIER AND MARINE TERMINAL OPERATOR AGREEMENTS SUBJECT TO THE SHIPPING ACT OF 1984 (DOCKET NO. 99-13)
Agency:
Federal Maritime Commission (FMC)
Priority:
Substantive, Nonsignificant
Legal Authority:
46 USC app 1701 et seq; PL 105-258
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
46 CFR 535
Legal Deadline:
None
Abstract:
The FMC is issuing this inquiry to solicit comments concerning the appropriate content of agreements filed with the Commission pursuant to the Shipping Act of 1984, as amended by the Ocean Shipping Reform Act of 1998. The comments received will assist the Commission in preparing a proposal to update or refine the existing content standards.
| Action | Date | FR Cite |
| Notice of Inquiry | 08/03/99 | 64 FR 42057 |
| Inquiry Comment Period End | 10/04/99 | |
| NPRM | 12/00/01 | |
| NPRM Comment Period End | 02/00/02 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
Government Levels Affected:
None
Agency Contact:
Austin L. Schmitt, Director, Bureau of Trade Analysis, Federal Maritime Commission, 800 North Capitol Street NW, Washington, DC 20573
Phone: 202 523-5796
Fax: 202 523-4372
Email: austins@fmc.gov
RIN:
3072-AC11
4463. ¤ IMPACT OF GOVERNMENT PAPERWORK ELIMINATION ACT AND ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT (DOCKET NO. 01-08)
Agency:
Federal Maritime Commission (FMC)
Priority:
Substantive, Nonsignificant
Legal Authority:
PL 105-277, Government Paperwork Elimination Act; PL 106-229, Electronic Signatures in Global and National Commerce Act
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
46 CFR 500 et seq
Legal Deadline:
Final, Statutory, October 21, 2003.
Abstract:
The Federal Maritime Commission is issuing this inquiry to solicit information and comments concerning the impact of the Government Paperwork Elimination Act and the Electronic Signatures in Global and National Commerce Act on all sectors of the U.S. ocean shipping industry. These comments will assist the Commission as it analyzes the use and acceptance of documents in electronic form, as well as other means of engaging in electronic transactions. The Commission, via a rulemaking, plans to provide individuals or entities with the option to submit information or transact business with the Commission electronically, where practicable, and to maintain records electronically when practicable.
| Action | Date | FR Cite |
| Notice of Inquiry | 07/18/01 | 66 FR 37468 |
| Comments Due | 08/17/01 | |
| Comment Period Extended to 09/17/2001 | 08/17/01 | 66 FR 43261 |
| NPRM | 04/00/02 | |
| NPRM Comment Period End | 06/00/02 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
None
Agency Contact:
Florence A. Carr, Deputy Executive Director, Federal Maritime Commission, 800 North Capitol Street NW, Washington, DC 20573
Phone: 202 523-5800
Fax: 202 523-5827
Email: florence@fmc.gov
RIN:
3072-AC17
4464. COLOADING PRACTICES AND POSSIBLE SECTION 16 EXEMPTION FOR COLOADING (DOCKET NOS. 93-22 AND 94-26)
Agency:
Federal Maritime Commission (FMC)
Priority:
Substantive, Nonsignificant
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
46 CFR 520.11
| Action | Date | FR Cite |
| NPRM | 11/24/93 | 58 FR 62077 |
| NPRM Comment Period End | 03/11/94 | 59 FR 5974 |
| Notice of Inquiry (Docket No. 94-26) | 11/09/94 | 59 FR 55826 |
| Comment Period End for NOI (Docket No. 94-26) | 12/27/94 | |
| NOI Comment Period Extended to 01/23/95 | 12/28/94 | 59 FR 66880 |
| Final Action | To Be Determined |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
None
Agency Contact:
David R. Miles
Phone: 202 523-5740
Fax: 202 523-5738
Email: davidm@fmc.gov
RIN:
3072-AB75
4465. FINANCIAL RESPONSIBILITY REQUIREMENTS FOR NONPERFORMANCE OF TRANSPORTATION AND INQUIRY INTO ALTERNATIVE FORMS (DOCKET NO. 94-06; FURTHER NOTICE OF PROPOSED RULEMAKING)
Agency:
Federal Maritime Commission (FMC)
Priority:
Other Significant
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
46 CFR 540.5; 46 CFR 540.9
| Action | Date | FR Cite |
| NPRM | 03/31/94 | 59 FR 15149 |
| NPRM Comment Period End | 05/02/94 | |
| Comment Period Extended to | 06/10/94 | 59 FR 23182 |
| Comment Period Extended to | 06/24/94 | 59 FR 30567 |
| Notice of Inquiry (Docket No. 94-21) | 10/14/94 | 59 FR 52133 |
| Clarification of Notice of Inquiry | 11/02/94 | 59 FR 54878 |
| Comment Period End for Notice of Inquiry | 11/28/94 | 59 FR 52133 |
| Further NPRM (Docket No. 94-06) | 06/26/96 | 61 FR 33059 |
| Discontinuance of Proceeding for Docket No. 94-21 | 07/03/96 | 61 FR 39940 |
| Further NPRM Comment Period End | 08/26/96 | 61 FR 33059 |
| Comment Period Extended to | 09/25/96 | 61 FR 43209 |
| Comment Period Extended to | 10/15/96 | 61 FR 50265 |
| Final Action | To Be Determined |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
None
Agency Contact:
Sandra L. Kusumoto
Phone: 202 523-5787
Email: sandrak@fmc.gov
RIN:
3072-AB80
4466. PORT RESTRICTIONS AND REQUIREMENTS IN THE UNITED STATES/JAPAN TRADE (DOCKET NO. 96-20)
Agency:
Federal Maritime Commission (FMC)
Priority:
Other Significant
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
46 CFR 551
| Action | Date | FR Cite |
| NPRM | 11/13/96 | 61 FR 58160 |
| Comment Period Extended to 01/20/97 | 12/27/96 | 61 FR 68200 |
| NPRM Comment Period End | 01/13/97 | |
| Final Rule - Report Due 08/26/1999 and Every 180 Days Thereafter | 03/04/97 | 62 FR 9696 |
| Final Rule Effective | 04/14/97 | |
| Status Reports and Comments Due 08/05/97 | 04/16/97 | 62 FR 18433 |
| Amendment to Final Rule | 04/16/97 | 62 FR 18532 |
| Final Rule Effectiveness Extended to 09/04/97 | 04/16/97 | 62 FR 18533 |
| Status Reports and Comments Due 07/01/97 | 04/16/97 | 62 FR 18533 |
| Amendment to Final Rule - Denial of Petition | 10/20/97 | 62 FR 54396 |
| Final Rule Effectiveness Suspended 11/13/97 | 11/19/97 | 62 FR 61648 |
| Final Rule Removed | 06/07/99 | 64 FR 30245 |
| Final Rule Removed Effective | 06/07/99 | |
| Requirement for Reporting Revised | 08/15/01 | 66 FR 42859 |
| Report Due 11/07/2001 and Every 180 Days Thereafter | 08/15/01 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
None
Agency Contact:
David R. Miles
Phone: 202 523-5740
Fax: 202 523-5738
Email: davidm@fmc.gov
RIN:
3072-AB97
4467. PUBLIC ACCESS CHARGES TO CARRIER AUTOMATED TARIFFS AND TARIFF SYSTEMS UNDER THE OCEAN SHIPPING REFORM ACT OF 1998 (DOCKET NO. 00-07)
Agency:
Federal Maritime Commission (FMC)
Priority:
Substantive, Nonsignificant
Legal Authority:
PL 105-258; 46 USC app 1707(a)(2)
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
46 CFR 520
Legal Deadline:
None
Abstract:
The FMC is concerned that certain tariff access charges and minimum monthly subscription requirements may limit the public's ability to access the automated tariffs and tariff systems of common carriers, contrary to the requirements of the Ocean Shipping Reform Act of 1998. Therefore, it is seeking public comments to address the reasonableness of tariff access charges.
| Action | Date | FR Cite |
| ANPRM | 05/16/00 | 65 FR 31130 |
| ANPRM Comment Period End | 06/15/00 | |
| Circular Letter Issued | 10/06/00 | |
| Proceeding Discontinued | 07/18/01 | 66 FR 37442 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
None
Agency Contact:
Austin L. Schmitt, Director, Bureau of Trade Analysis, Federal Maritime Commission, 800 North Capitol Street NW, Washington, DC 20573
Phone: 202 523-5796
Fax: 202 523-4372
Email: austins@fmc.gov
RIN:
3072-AC14
4468. ¤ ALTERNATIVE DISPUTE RESOLUTION (DOCKET NO. 01-05)
Agency:
Federal Maritime Commission (FMC)
Priority:
Substantive, Nonsignificant
Legal Authority:
5 USC 504; 5 USC 551 to 553; 5 USC 556(c); 5 USC 559; 5 USC 561 to 569; 5 USC 571 to 584, Administrative Dispute Resolution Act; 5 USC 591 to 596; 12 USC 1141j(a); ...
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
46 CFR 502.61; 46 CFR 502.62; 46 CFR 502.91; 46 CFR 502.94; 46 CFR 502.301; 46 CFR 502.401 to 502.411
Legal Deadline:
None
Abstract:
The Federal Maritime Commission issued new regulations implementing the Administrative Dispute Resolution Act. The new regulations expand the Commission's Alternative Dispute Resolution (ADR) services, addressing guidelines and procedures for arbitration and providing for mediation and other ADR services. This rule replaces current subpart U, Conciliation Service, with a new subpart U, Alternative Dispute Resolution, that contains a new Commission ADR policy and provisions for various means of ADR. The rule also revises certain other regulations to conform to the Commission's new ADR policy.
| Action | Date | FR Cite |
| NPRM | 05/21/01 | 66 FR 27921 |
| NPRM Comment Period End | 06/20/01 | |
| Final Action | 08/20/01 | 66 FR 43511 |
| Final Action Effective | 08/20/01 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
None
Agency Contact:
Ronald D. Murphy, Commission Dispute Resolution Specialist, Federal Maritime Commission
Phone: 202 523-5787
Email: adr@fmc.gov
RIN:
3072-AC18