11350 Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Rules and Regulations 

* * * * * 

[FR Doc. 2011–4370 Filed 3–1–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1994–0001; FRL–9274–1] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Partial 

Deletion of the AT&SF Albuquerque 

Superfund Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 6 announces the 

deletion of the northern 62-acre parcel 

of the AT&SF Albuquerque Superfund 

Site (Site) located in Albuquerque, 

Bernalillo County, New Mexico, from 

the National Priorities List (NPL). The 

NPL, promulgated pursuant to section 

105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is an 

appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). This partial 

deletion pertains to the soil and ground 

water associated with the northern 62- 

acre parcel. After this deletion, these 62 

acres will no longer be part of the Site. 

The other 27 acres will remain on the 

NPL and are not being considered for 

deletion as part of this action. The EPA 

and the State of New Mexico, through 

the New Mexico Environment 

Department (NMED), have determined 

that all appropriate response actions for 

this parcel under CERCLA, other than 

operation, maintenance, and five-year 

reviews, have been completed. 

However, the deletion of these parcels 

does not preclude future actions under 

Superfund. 

DATES: Effective Date: This action is 

effective March 2, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–HQ–SFUND– 

1994–0001. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the site information repositories. 

Locations, contacts, and phone numbers 

are: 

• U.S. EPA Region 6 Library, 7th 

Floor, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733, (214) 665– 

6424; 

• Albuquerque Public Library, Main 

Downtown Branch, 501 Copper Avenue, 

NW., Albuquerque, New Mexico 87102, 

Contact: John Vittal; and, 

• New Mexico Environment 

Department, Harold Runnels Building, 

1190 St. Francis Drive, Santa Fe, New 

Mexico 87505. 

FOR FURTHER INFORMATION CONTACT: 

Katrina Higgins-Coltrain, Remedial 

Project Manager (RPM), U.S. EPA 

Region 6 (6SF–RL), 1445 Ross Avenue, 

Dallas, TX 75202–2733, (214) 665–8143 

or 1–800–533–3508 

(coltrain.katrina@epa.gov). 

SUPPLEMENTARY INFORMATION: 

The portion of the site to be deleted 

from the NPL is: Northern 62-acre parcel 

of the AT&SF Albuquerque Superfund 

Site, located in Albuquerque, Bernalillo 

County, New Mexico. A Notice of Intent 

for Partial Deletion for this Site was 

published in the Federal Register on 

January 5, 2011 (76 FR 510). 

The closing date for comments on the 

Notice of Intent for Partial Deletion was 

February 4, 2011. One anonymous 

public comment was received and 

supported the partial deletion of the 

Site. EPA, in conjunction with the 

NMED, believes the partial deletion 

action remains appropriate. 

EPA maintains the NPL as the list of 

sites that appear to present a significant 

risk to public health, welfare, or the 

environment. Deletion of a site from the 

NPL does not preclude further remedial 

action. Whenever there is a significant 

release from a site deleted from the NPL, 

the deleted site may be restored to the 

NPL without application of the hazard 

ranking system. Deletion of portions of 

a site from the NPL does not affect 

responsible party liability, in the 

unlikely event that future conditions 

warrant further actions. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: February 16, 2011. 

Al Armendariz, 

Regional Administrator, Region 6. 

For reasons set out in the preamble, 

40 CFR part 300 is amended as follows: 

PART 300—[AMENDED] 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 

3 CFR 1987 Comp., p. 193. 

■ 2. Table 1 of Appendix B to part 300 

is amended by revising the entry under 

NM for ‘‘AT&SF (Albuquerque)’’ to read 

as follows: 

Appendix B to Part 300—National 

Priorities List 

TABLE 1—GENERAL SUPERFUND SECTION

State Site name City/County Notes (a) 

*******

NM ............................................................ AT&SF Albuquerque ................................ Albuquerque ............................................. P 

*******

(a) * * * 

P = Sites with partial deletion(s). 

WReier-Aviles on DSKGBLS3C1PROD with RULES

Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Rules and Regulations 11351 

1 75 FR 25151 (May 7, 2010). The proposed rule 

was issued following a petition filed by the 

National Customs Brokers and Forwarders 

Association of America, Inc. (NCBFAA) requesting 

the Commission to exercise its authority under 46 

U.S.C. 40103 to exempt NVOCCs from provisions of 

the Shipping Act requiring publication and 

adherence to rate tariffs for ocean transportation to 

the extent such transportation is provided under 

individually negotiated rates with shipping 

customers and memorialized in writing. Petition 

No. P1–08, Petition of the National Customs Brokers 

and Freight Forwarders Association of America, 

Inc. for Exemption from Mandatory Rate Tariff 

Publication (‘‘Petition’’), published for comment on 

August 11, 2008. After consideration of the Petition 

and the comments received, the Commission 

determined to initiate a rulemaking to relieve 

licensed NVOCCs from the costs and burdens of 

tariff rate publication. 

2The Commission received written comments on 

the NPR from: Congressmen Mike Doyle, 14th 

District, Pennsylvania and Tim Murphy, 18th 

District, Pennsylvania (Joint Congressional 

Commenter); the Department of Justice, Antitrust 

Division, Transportation, Energy & Agriculture 

Section; the Department of Transportation, Office of 

General Counsel; Econocaribe Consolidators, Inc.; 

John S. Connor, Inc.; AIReS, A1 Relocation 

Solutions; J.W. Allen & Co., Inc.; C.H. Powell 

Company, NVOCC Division; The Camelot 

Company; BDG International, Inc.; Hanseatic 

Container Line Ltd. and Mid-America Overseas, 

Inc.; Lori Fleissner, President, Global Fairways, 

Inc.; M.E. Dey & Co., Inc.; Nakamura (USA) Inc.; CV 

International; Mohawk Global Logistics; NACA 

Logistics (USA) Inc. d/b/a Vanguard Logistics 

Services; BDP Transport, Inc., CaroTrans 

International, Inc. and Mallory Alexander 

International Logistics, LLC (Joint Commenters); 

UPS Ocean Freight Services; UTi, United States, 

Inc.; DHL–Danzas d/b/a DHL Global Forwarding d/ 

b/a Danmar Lines Ltd.; Ocean World Lines, Inc.; 

Alfred Balguerie, S.A.; Damco A/S; Trans Service 

Line; Schenkerocean Limited; CDS Global Logistics, 

Inc.; Juerge Bandle, Senior Vice President, Kuehne 

+ Nagel, Inc., agent of Blue Anchor Line, Division 

of Transpac Container System Ltd., Hong Kong; 

Panalpina, Inc. as agent for and on behalf of 

Pantainer, Ltd.; New York New Jersey Foreign 

Freight Forwarders & Brokers Association, Inc. 

(NYNJFFF&BA); National Industrial Transportation 

League (NIT League); Transportation Intermediaries 

Association (TIA); National Customs Brokers and 

Forwarders Association of America, Inc. (NCBFAA); 

China Association of Shipping Agencies & NonVessel-Operating Common Carriers (CASA); British 

International Freight Association; FedespediFederazione Nazionale delle Imprese di Spedizioni 

Internazionali; Albert Saphir d/b/a ABS Consulting; 

Stan Levy, Stan Levy Consulting, LLC; The 

Descartes Systems Group, Inc.; RateWave Tariff 

Continued 

[FR Doc. 2011–4650 Filed 3–1–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL MARITIME COMMISSION 

46 CFR Parts 520 and 532 

[Docket No. 10–03] 

RIN 3072–AC38 

Non-Vessel-Operating Common Carrier 

Negotiated Rate Arrangements 

AGENCY: Federal Maritime Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Maritime 

Commission is exempting licensed nonvessel-operating common carriers that 

enter into negotiated rate arrangements 

from the tariff rate publication 

requirements of the Shipping Act of 

1984 and certain provisions and 

requirements of the Commission’s 

regulations. 

DATES: The final rule is effective April 

18, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Legal information: Elisa Holland, 

202–523–5740, 

generalcounsel@fmc.gov. 

Technical information: George A. 

Quadrino, 202–523–5800; Gary G. 

Kardian, 202–523–5856, 

tradeanalysis@fmc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

a. Summary of Proposed Rule 

On May 7, 2010, the Federal Maritime 

Commission (FMC or Commission) 

issued a notice of proposed rulemaking 

(NPR), pursuant to its authority under 

sections 16 and 17 of the Shipping Act 

of 1984 (Shipping Act), 46 U.S.C. 40103 

and 46 U.S.C. 42101, seeking comments 

on a proposal to exempt licensed nonvessel-operating common carriers 

(NVOCCs) from the rate publication 

requirements of the Shipping Act, 

subject to certain conditions.1 The 

Commission found that it was within its 

statutory authority under Section 16 of 

the Shipping Act to grant such an 

exemption, subject to certain 

conditions, as doing so would not result 

in substantial reduction in competition 

or be detrimental to commerce, 

consistent with the Shipping Act. See 

46 U.S.C. 40103(a). As proposed, the 

exemption would relieve licensed 

NVOCCs from their tariff rate 

publication obligations when entering 

into a ‘‘negotiated rate arrangement’’ 

(NRA). An NRA is defined as ‘‘a written 

and binding arrangement between a 

shipper and an eligible NVOCC to 

provide specific transportation service 

for a stated cargo quantity, from origin 

to destination, on and after the receipt 

of the cargo by the carrier or its agent 

(or the originating carrier in the case of 

through transportation).’’ Proposed 

Section 532.3(a). The use of NRAs 

would be subject to several conditions, 

including (1) NVOCCs who use NRAs 

would be required to continue 

publishing standard rules tariffs 

containing contractual terms and 

conditions governing shipments, 

including any accessorial charges and 

surcharges, and would be required to 

make their rules tariffs available to 

shippers free of charge; (2) NRA rates 

charged by NVOCCs must be mutually 

agreed and memorialized in writing by 

the date cargo is received for shipment; 

and (3) NVOCCs who use NRAs must 

retain documentation confirming the 

agreed rate and terms for each shipment 

for a period of five years, and must 

make such documentation promptly 

upon request available to the 

Commission pursuant to the 

Commission’s regulations at 46 CFR 

515.31(g). 

Licensed NVOCCs, to the extent they 

enter into NRAs, would be exempt by 

regulation from the following provisions 

of the Shipping Act: Section 8(a), 

codified at 46 U.S.C. 40501(a)–(c) 

(obligation to publish an automated rate 

tariff); Section 8(b), codified at 46 U.S.C. 

40501(d) (time volume rates); Section 

8(d), codified at 46 U.S.C. 40501(e) 

(tariff rate increases may not be effective 

on less than 30 days notice but 

decreases may be effective 

immediately); Section 8(e), codified at 

46 U.S.C. 40503 (carrier refunds due to 

a tariff error); and Section 10(b)(2)(A), 

codified at 46 U.S.C. 41104 (requiring 

adherence to published tariff rates). 

The Commission also sought public 

comment on whether the exemption 

should be extended to the prohibitions 

of Section 10(b)(4), codified at 46 U.S.C. 

41104(4) (prohibiting common carriers 

from unfair or unjustly discriminatory 

practices in services pursuant to a 

tariff), and Section 10(b)(8), codified at 

46 U.S.C. 41104(8) (prohibiting common 

carriers from undue or unreasonable 

preference or advantage or undue or 

unreasonable prejudice or disadvantage 

for tariff service). Additionally, the 

Commission requested interested parties 

to submit comments on whether the 

exemption should be extended to 

foreign-based NVOCCs who are 

unlicensed but bonded pursuant to 46 

CFR 515.21(a)(3), and on which 

elements, if any, qualify an NRA for a 

‘‘safe harbor’’ that affords a presumption 

that the corresponding shipment is not 

subject to the tariff rate publication 

requirement. 

b. Comments Received 

The Commission received a total of 

forty-four public comments: one 

comment from two members of 

Congress; two comments from other 

federal agencies; nineteen from U.S.- 

based, licensed NVOCCs; seven from 

foreign unlicensed NVOCCs; four from 

U.S.-based trade associations; three from 

foreign-based trade associations; two 

from consultants; and six from tariff 

publishers and their employees.2 On 

WReier-Aviles on DSKGBLS3C1PROD with RULES