Unified Agenda
46 CFR Ch. IV
AGENCY:
Federal Maritime Commission.
ACTION:
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 April 1, 2002, to March 31, 2003, 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.
Bryant L. VanBrakle, Secretary.
| Federal Maritime Commission—Proposed Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 3876 | Content of Ocean Common Carrier and Marine Terminal Operator Agreements Subject to the Shipping Act of 1984 (Docket No. 99-13) | 3072-AC11 |
| 3877 | Impact of Government Paperwork Elimination Act and Electronic Signatures in Global and National Commerce Act (Docket No. 01-08) | 3072-AC17 |
| 3878 | Update of Existing and Addition of New Filing and Service Fees | 3072-AC19 |
| 3879 | Requirements for Financial Responsibility for Nonperformance of Transportation by Passenger Vessel Operators | 3072-AC20 |
| 3880 | Common Carrier Status Under the Shipping Act of 1984 | 3072-AC21 |
| Federal Maritime Commission—Long-Term Actions | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 3881 | Coloading Practices and Possible Section 16 Exemption for Coloading (Docket Nos. 93-22 and 94-26) | 3072-AB75 |
| 3882 | 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 |
|---|---|---|
| 3883 | Financial Responsibility Requirements for Nonperformance of Transportation and Inquiry Into Alternative Forms (Docket No. 94-06; Further Notice of Proposed Rulemaking) | 3072-AB80 |
3876. 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 | 05/00/02 | |
| NPRM Comment Period End | 07/00/02 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
Government Levels Affected:
None
Agency Contact:
David R. Miles, Acting General Counsel, Federal Maritime Commission
Phone: 202 523-5740
Fax: 202 523-5738
Email: davidm@fmc.gov
RIN:
3072-AC11
3877. 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 | 01/00/03 | |
| NPRM Comment Period End | 03/00/03 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
None
Agency Contact:
Austin L. Schmitt, Deputy Executive Director, Federal Maritime Commission, 800 North Capitol Street NW, Washington, DC 20573
Phone: 202 523-5800
Fax: 202 523-5827
Email: austins@fmc.gov
RIN:
3072-AC17
3878. ¤ UPDATE OF EXISTING AND ADDITION OF NEW FILING AND SERVICE FEES
Agency:
Federal Maritime Commission (FMC)
Priority:
Substantive, Nonsignificant
Legal Authority:
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
46 CFR 502; 46 CFR 503; 46 CFR 515; 46 CFR 520; 46 CFR 530; ...
Legal Deadline:
None
Abstract:
The Federal Maritime Commission (FMC) proposes to revise its existing fees for (1) filing petitions and complaints; (2) various public information services, such as record searches, document copying, and admissions to practice; (3) filing ocean transportation intermediary applications; (4) applications for special permission; (5) service contracts; (6) agreements; and (7) passenger vessel performance and casualty certificate applications. These revised fees reflect current costs to the FMC. In addition, the FMC adds a new fee for the provision of a data base report on effective carrier agreements, makes nomenclature changes in certain CFR units with respect to FMC bureau designations, and makes section reference changes in certain CFR units to reflect numbering changes made in a previous rulemaking. The FMC also is republishing a fee requirement that previously was omitted.
| Action | Date | FR Cite |
| NPRM | 03/21/02 | 67 FR 13118 |
| NPRM Comment Period End | 04/22/02 | |
| Final Action | 06/00/02 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
None
Agency Contact:
JoAnn Baca, Special Assistant to the Executive Director, Federal Maritime Commission, 800 North Capitol Street NW, Washington, DC 20573
Phone: 202 523-5800
Fax: 202 523-5827
Email: joannb@fmc.gov
RIN:
3072-AC19
3879. ¤ REQUIREMENTS FOR FINANCIAL RESPONSIBILITY FOR NONPERFORMANCE OF TRANSPORTATION BY PASSENGER VESSEL OPERATORS
Agency:
Federal Maritime Commission (FMC)
Priority:
Other Significant
Legal Authority:
5 USC 552 to 553; 31 USC 9701; 46 USC app 817d to 817e; 46 USC 1716
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
46 CFR 540
Legal Deadline:
None
Abstract:
The Federal Maritime Commission proposes to amend its procedures for establishing passenger vessel financial responsibility for nonperformance of transportation. The proposed rule would eliminate the availability of self-insurance and discontinue the use of a sliding scale for required coverage of unearned passenger revenue.
| Action | Date | FR Cite |
| NPRM | 04/23/02 | 67 FR 19730 |
| NPRM Comment Period End | 05/23/02 | |
| Final Action | 07/00/02 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
None
Agency Contact:
Sandra L. Kusumoto, Director, Bureau of Consumer Complaints & Licensing, Federal Maritime Commission, 800 North Capitol Street NW, Washington, DC 20573
Phone: 202 523-5787
Fax: 202 523-5830
Email: sandrak@fmc.gov
RIN:
3072-AC20
3880. ¤ COMMON CARRIER STATUS UNDER THE SHIPPING ACT OF 1984
Agency:
Federal Maritime Commission (FMC)
Priority:
Other Significant
Legal Authority:
5 USC 553; 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 515; 46 CFR 520; 46 CFR 530; 46 CFR 535
Legal Deadline:
None
Abstract:
The Federal Maritime Commission is proposing to amend its rules to address the criteria that it will use to establish ocean common carrier status under the Shipping Act of 1984.
| Action | Date | FR Cite |
| NPRM | 05/00/02 | |
| 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, 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: florence@fmc.gov
Vern W. Hill, Director, Bureau of Enforcement, Federal Maritime Commission, 800 North Capitol Street NW, Washington, DC 20573
Phone: 202 523-5783
Fax: 202 523-5785
Email: vernh@fmc.gov
RIN:
3072-AC21
3881. 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
Government Levels Affected:
None
Agency Contact:
David R. Miles
Phone: 202 523-5740
Fax: 202 523-5738
Email: davidm@fmc.gov
RIN:
3072-AB75
3882. 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
Government Levels Affected:
None
Agency Contact:
David R. Miles
Phone: 202 523-5740
Fax: 202 523-5738
Email: davidm@fmc.gov
RIN:
3072-AB97
3883. 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
| Reason | Date | FR Cite |
| Proceeding Discontinued | 04/22/02 | 67 FR 19535 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
None
Agency Contact:
Sandra L. Kusumoto
Phone: 202 523-5787
Fax: 202 523-5830
Email: sandrak@fmc.gov
RIN:
3072-AB80