Federal Register / Vol. 69, No. 243 / Monday, December 20, 2004 / Rules and Regulations 75847

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.1D, 

which guides the Coast Guard in 

complying with National Environmental 

Policy Act of 1969 (NEPA) (42 U.S.C. 

4321–4370f), and have concluded that 

there are no factors in this case that 

would limit the use of a categorical 

exclusion under section 2.B.2 of the 

instruction. Therefore, this rule is 

categorically excluded, under figure 2–

1, paragraph (32)(e) of the Instruction, 

from further environmental 

documentation. 

Paragraph (32)(e) excludes the 

promulgation of operating regulations or 

procedures for drawbridges from the 

environmental documentation 

requirements of the National 

Environmental Policy Act (NEPA). 

Since this regulation would alter the 

normal operating conditions of the 

drawbridge, it falls within this 

exclusion. A ‘‘Categorical exclusion 

Determination’’ is available in the 

docket for inspection or copying where 

indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows:

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS

■ 1. The authority citation for part 117 

continues to read as follows:

Authority: 33 U.S.C. 499; Department of 

Homeland Security Delegation No. 0170.1; 33 

CFR 1.05–1(g); section 117.255 also issued 

under the authority of Pub. L. 102–587, 106 

Stat. 5039.

■ 2. From 7:30 a.m., December 17, 2004, 

until 7:30 a.m., March 1, 2005, in 

§ 117.671, add new paragraph (c) to read 

as follows:

§ 117.671 Upper Mississippi River.

* * * * *

(c) The Clinton Railroad Drawbridge, 

mile 518.0 Upper Mississippi River, at 

Clinton, Iowa, shall open on signal if at 

least 24 hours notice is given. Notice 

may be given by calling the Clinton 

Yardmaster’s office at (563) 244–3204 at 

any time; or (563) 244–3269 weekdays 

between 7 a.m. and 3:30 p.m.; or Mr. 

Tomaz Gawronski, office (515) 263–

4536 or cell phone (515) 229–2993.

Dated: December 10, 2004. 

R.F. Duncan, 

Rear Admiral, U.S. Coast Guard, Commander 

Eighth Coast Guard District.

[FR Doc. 04–27820 Filed 12–15–04; 3:56 pm] 

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[R03–OAR–2004–WV–0001; FRL–7850–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Withdrawal of Direct Final 

Rule

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Withdrawal of direct final rule.

SUMMARY: Due to an adverse comment, 

EPA is withdrawing the direct final rule 

to redesignate the City of Weirton PM10 

nonattainment area to attainment and 

approval of the maintenance plan. In the 

direct final rule published on October 

27, 2004 (69 FR 62591), we stated that 

if we received adverse comment by 

November 26, 2004, the rule would be 

withdrawn and not take effect. EPA 

subsequently received an adverse 

comment. EPA will address the 

comment received in a subsequent final 

action based upon the proposed action 

also published on October 27, 2004 (69 

FR 62637). EPA will not institute a 

second comment period on this action.

EFFECTIVE DATE: The direct final rule is 

withdrawn as of December 20, 2004.

FOR FURTHER INFORMATION CONTACT:

Linda Miller, (215) 814–2068, or by email at miller.linda@epa.gov.

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Particulate matter, Reporting 

and recordkeeping requirements. 

40 CFR Part 81 

Air pollution control, National parks, 

Wilderness areas.

Dated: December 13, 2004. 

Donald S. Welsh, 

Regional Administrator, Region III.

Accordingly, the addition of § 52.2520 

(c)(60) and the amendment in § 81.349 

to the table for ‘‘West Virginia—PM10’’

revising the entry for Hancock and 

Brooke Counties (part): The City of 

Weirton are withdrawn as of December 

20, 2004.

[FR Doc. 04–27664 Filed 12–17–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[FRL–7848–7] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List

AGENCY: Environmental Protection 

Agency.

ACTION: Direct final notice of partial 

deletion of the Uravan Superfund Site 

from the National Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 8 is publishing a 

direct final notice of partial deletion of 

9.84 acres within the Uravan Superfund 

Site (Site), located in Montrose County, 

Colorado, 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 

appendix B of 40 CFR part 300, which 

is the National Oil and Hazardous 

Substances Pollution Contingency Plan 

(NCP). This direct final partial deletion 

is being published by EPA with the 

concurrence of the State of Colorado, 

through the Colorado Department of 

Public Health and the Environment 

because EPA has determined that all 

appropriate response actions, for the 

9.84 acres including two historic 

structures, under CERCLA have been 

completed and, therefore, further 

remedial action pursuant to CERCLA is 

not appropriate.

DATES: This direct final deletion will be 

effective February 18, 2005. If adverse 

comments are received by January 19, 

2005, EPA will publish a timely 

withdrawal of the direct final deletion 

in the Federal Register informing the 

public that the deletion will not take 

effect.

ADDRESSES: Comments may be mailed 

to: Rebecca Thomas, Remedial Project 

Manager (RPM), 8EPR–SR, 

thomas.rebecca@epa.gov, U.S. EPA, 

Region 8, 999 18th Street, Suite 300, 

Denver, Colorado 80202, (303) 312–6552 

or 1–800–227–8917, extension 6552. 

Information Repositories: 

Comprehensive information about the 

Site is available for viewing and copying 

at the Site information repository 

75848 Federal Register / Vol. 69, No. 243 / Monday, December 20, 2004 / Rules and Regulations 

located at: U.S. EPA Region 8 Records 

Center, 999 18th Street, Suite 300, 

Denver, Colorado 80202, (303) 312–

6473.

FOR FURTHER INFORMATION CONTACT:

Rebecca Thomas, Remedial Project 

Manager, 8EPR–SR, 

thomas.rebecca@epa.gov, U.S. EPA, 

Region 8, 999 18th Street, Suite 300, 

Denver, Colorado 80202, (303) 312–

6552, or 1–800–toll–free.

SUPPLEMENTARY INFORMATION:

Table of Contents: 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Site Deletion 

V. Deletion Action

I. Introduction 

EPA Region 8 is publishing this direct 

final notice of partial deletion of 9.84 

acres within the Uravan Superfund Site 

from the National Priorities List. 

The EPA identifies sites that appear to 

present a significant risk to public 

health or the environment and 

maintains the NPL as the list of those 

sites. As described in § 300.425(e)(3) of 

the NCP, sites deleted from the NPL 

remain eligible for remedial actions if 

conditions at a deleted site warrant such 

action. 

Because EPA considers this action to 

be noncontroversial and routine, EPA is 

taking it without prior publication of a 

notice of intent to delete. This action 

will be effective February 18, 2005, 

unless EPA receives adverse comments 

by January 19, 2005, on this document. 

If adverse comments are received within 

the 30 day public comment period on 

this document, EPA will publish a 

timely withdrawal of this direct final 

partial deletion before the effective date 

of the deletion and the deletion will not 

take effect. EPA will, as appropriate, 

prepare a response to comments and 

continue with the deletion process on 

the basis of the notice of intent to delete 

and the comments already received. 

There will be no additional opportunity 

to comment. 

Section II of this document explains 

the criteria for deleting sites from the 

NPL. Section III discusses procedures 

that EPA is using for this action. Section 

IV discusses the Uravan Superfund Site 

and demonstrates how it meets the 

deletion criteria. Section V discusses 

EPA’s action to delete the Site from the 

NPL unless adverse comments are 

received during the public comment 

period. 

II. NPL Deletion Criteria 

Section 300.425(e) of the NCP 

provides that releases may be deleted 

from the NPL where no further response 

is appropriate. In making a 

determination to delete a Site from the 

NPL, EPA shall consider, in 

consultation with the State, whether any 

of the following criteria have been met: 

i. Responsible parties or other persons 

have implemented all appropriate 

response actions required; 

ii. All appropriate Fund-financed 

(Hazardous Substance Superfund 

Response Trust Fund) response under 

CERCLA has been implemented, and no 

further response action by responsible 

parties is appropriate; or 

iii. The remedial investigation has 

shown that the release poses no 

significant threat to public health or the 

environment and, therefore, the taking 

of remedial measures is not appropriate. 

Even if a site is deleted from the NPL, 

where hazardous substances, pollutants, 

or contaminants remain at the deleted 

site above levels that allow for 

unlimited use and unrestricted 

exposure, CERCLA section 121(c), 42 

U.S.C. 9621(c) requires that a 

subsequent review of the site be 

conducted at least every five years after 

the initiation of the remedial action at 

the deleted site to ensure that the action 

remains protective of public health and 

the environment. If new information 

becomes available which indicates a 

need for further action, EPA may initiate 

remedial actions. 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. 

III. Deletion Procedures 

The following procedures apply to 

deletion of the Site: 

(1) The EPA consulted with Colorado 

on the deletion of the Site from the NPL 

prior to developing this direct final 

notice of partial deletion. 

(2) Colorado concurred with deletion 

of the Site from the NPL. 

(3) Concurrently with the publication 

of this direct final notice of partial 

deletion, a notice of the availability of 

the parallel notice of intent to partially 

delete published today in the ‘‘Proposed 

Rules’’ section of the Federal Register is 

being published in a major local 

newspaper of general circulation at or 

near the Site and is being distributed to 

appropriate federal, state, and local 

government officials and other 

interested parties; the newspaper notice 

announces the 30-day public comment 

period concerning the notice of intent to 

delete the Site from the NPL. 

(4) The EPA placed copies of 

documents supporting the deletion in 

the Site information repository 

identified above. 

(5) If adverse comments are received 

within the 30-day public comment 

period on this document, EPA will 

publish a timely notice of withdrawal of 

this direct final notice of partial deletion 

before its effective date and will prepare 

a response to comments and continue 

with the deletion process on the basis of 

the notice of intent to partially delete 

and the comments already received. 

Deletion of a site from the NPL does 

not itself create, alter, or revoke any 

individual’s rights or obligations. 

Deletion of a site from the NPL does not 

in any way alter EPA’s right to take 

enforcement actions, as appropriate. 

The NPL is designed primarily for 

informational purposes and to assist 

EPA management. Section 300.425(e)(3) 

of the NCP states that the deletion of a 

site from the NPL does not preclude 

eligibility for future response actions, 

should future conditions warrant such 

actions. 

IV. Basis for Site Deletion 

The following information provides 

EPA’s rationale for partially deleting the 

Site from the NPL: 

Site Location 

The Uravan site is located in western 

Colorado in the western portion of 

Montrose County on Highway 141 

approximately 13 miles northwest of the 

Town of Nucla. The town of Uravan was 

demolished during remedial activities at 

the site and, except for two historical 

structures, no longer exists. The site is 

located adjacent to the San Miguel River 

which drains into the Colorado River. 

This partial deletion pertains to 9.84 

acres containing two historic structures 

remaining on the Site, the Boarding 

House and the Community Center. 

Site History 

The Boarding House is located in the 

former town area of Uravan at the 

intersection between County Roads Y–

11 and EE–22, just east of the former 

Uravan Mill site. The structure was built 

circa 1914 to provide meals and housing 

to employees. In 1971 housing was 

discontinued, and in 1982 meal service 

was terminated. 

The Community Center is located 

across County Road EE–22 from the 

Boarding House. It was built in the mid 

1930s from a sugar factory dismantled 

in Delta, Colorado. The building served 

as a multipurpose recreation center for 

company workers, which included a 

dance hall, movie theatre, church, roller 

skating rink, performance theatre and 

shooting range. Recently, the 

Community Center has been used to 

store historical artifacts that will be 

Federal Register / Vol. 69, No. 243 / Monday, December 20, 2004 / Rules and Regulations 75849

displayed after the buildings are deleted 

from the NPL. 

Site Investigation 

Investigations in 1994 indicated that 

radon levels in the Boarding House and 

the Community Center were below a 

working level standard of 0.03 which is 

the alpha radiation in the atmosphere 

that is considered acceptable for 

residential structures that are being 

occupied full time.

A characterization study in 1995 

measured both gamma radiation and 

soil concentrations. This study was 

completed to determine the feasibility of 

preserving the buildings and releasing 

them for unrestricted use. Elevated 

radium 226 concentrations were 

identified in the soils beneath and 

surrounding both buildings. 

The Boarding House was sampled for 

radon in 1996. The results showed that 

concentrations were below a level of 

concern. Like the measurements 

collected in 1994, the survey indicated 

that the structures were very leaky 

which prevented accurate measurement 

of the indoor concentrations. 

Elevated radon measurements were 

obtained from the basement in the 

Community Center in 1997. Also in 

1997, an exploratory excavation along 

the east end of the Community Center 

was conducted to determine the depth 

of contaminated soil and to examine the 

foundation. After exposing a portion of 

the foundation, it was determined that 

the depth of contamination extended six 

to eight feet below the surface to a point 

at or slightly below the depth of the 

concrete footing and stem wall which 

supported the block walls of the 

basement. 

Remedy Decision 

The buildings contained radioactive 

contamination and were constructed on 

soils exceeding cleanup standards. To 

preserve the structures as an historical 

resource, and at the same time protect 

the health of the public, and to comply 

with applicable laws, the following 

remediation plan was adopted: 

• Removing the most significant 

contamination from within the 

structures. 

• Removing soils underlying and 

immediately surrounding the buildings 

without endangering the stability of the 

foundations. 

• Restoring the buildings to the extent 

that they will be in stable structural 

condition. 

• Remediating the soils outside the 

immediate vicinity of the buildings in 

accordance with the RAP. 

• Installing a radon mitigation system 

in the Community Center. 

Characterization of Risk 

Radiation risks to members of the 

general public from residual radioactive 

materials associated with the two 

buildings were calculated using data 

generated during pre- and postremediation site surveys. These surveys 

included direct gamma exposure rate 

measurements before and after 

excavation of contaminated soils around 

the buildings, surface contamination 

surveys, and laboratory analysis of soils 

collected from selected locations 

outside the buildings. In addition, the 

radon concentrations in air in several 

locations inside the buildings were 

measured and reported separately. 

Potential risk was evaluated for three 

types of individuals: 

• A staff person working 

approximately 800 hours per year, 

• A volunteer working approximately 

120 hours per year, 

• A visitor who visits for 

approximately 4 hours per year. 

Based on the data collected, it was 

concluded that there is no risk to any 

person from the three occupancy 

scenarios from gamma exposure. In the 

case of both the Boarding House and the 

Community Center, gamma exposure 

levels at the present time are so low that 

they present no incremental risk above 

background. 

Further, based on the radon exposure 

data, it was concluded that the radon 

exposure under any of the occupant 

scenarios would be acceptable. 

Response Actions 

Radiological and non-radiological 

contaminants were removed from the 

Community Center and Boarding House 

starting in 1993. Excavating 

contaminated material from the exterior 

perimeter of the Boarding House and 

Community Center was conducted in 

1998. The grading plan prescribed 

removing contaminated material from 

the perimeter of the buildings so that 

excavation would not adversely affect 

the structural stability of the 

foundations. The soil directly in contact 

with the foundations was left 

undisturbed and fully supported the 

buildings during the removal of 

contaminated soil. Material removal 

continued away from the buildings until 

the soil cleanup level was achieved. The 

depth of excavation varied from three 

feet to approximately 15 feet. 

After the contaminated material was 

removed, geotextile fabric was placed 

over the soils remaining against the 

buildings to identify the contact 

between the undisturbed foundation 

support soils and the uncontaminated 

backfill soils. 

Restoration of the exterior of the 

Boarding House was completed in 2000. 

The porch, east side concrete staircase, 

and landing slab were removed. 

Underlying contaminated soils were 

excavated and the area backfilled. The 

concrete landing was replaced and the 

porch and staircase were rebuilt. In 

general, the remedial activities 

conducted within and around the 

Boarding House and Community Center 

successfully removed and isolated 

radioactive materials. These actions 

have mitigated potential radiological 

hazards and have provided a safe 

environment for future uses of the 

structures. 

An active radon mitigation system 

was installed in the Community Center. 

This system will remove radon gas from 

the soils beneath the basement and vent 

it outside by small fans. This system is 

designed to be operational 24 hours per 

day, seven days per week and has a 

built-in alarm system should the fans 

stop working. 

Cleanup Standards 

The cleanup standard for the historic 

structures is 0.03 working levels. A 

working level is the concentration of 

alpha radiation in the atmosphere that 

is considered acceptable for residential 

structures that are being occupied full 

time. 

Operation and Maintenance 

Institutional controls, in the form of 

an environmental covenant granted to 

the Colorado Department of Public 

Health and Environment (CDPHE), will 

prevent activities that might cause 

contact with radioactive materials on 

both the exterior and interior of the 

historic structures. The environmental 

covenant also requires an annual 

inspection of the radon mitigation 

system. 

Five Year Review 

Since waste has been left in place at 

concentrations that do not allow for 

unrestricted and unlimited use, the 

Environmental Protection Agency will 

continue to conduct Five Year Reviews 

of the Site. The next Five Year Review 

is scheduled for completion in 2005. 

Community Involvement 

Public participation activities have 

been satisfied as required in CERCLA 

section 113(k), 42 U.S.C. 9613(k), and 

CERCLA section 117, 42 U.S.C. 9617. 

Documents in the deletion docket which 

EPA relied on for recommendation of 

the deletion from the NPL are available 

to the public in the information 

repository. 

75850 Federal Register / Vol. 69, No. 243 / Monday, December 20, 2004 / Rules and Regulations 

1 DOJ filed its comments on December 3, 2004, 

along with a motion requesting leave to submit its 

comments past the deadline. We agree with DOJ’s 

assertion that the public interest will be served and 

no prejudice will result, and have accepted the late 

filing.

V. Deletion Action 

The EPA, with concurrence of the 

State of Colorado, has determined that 

all appropriate responses, for the 9.84 

acres containing two historic structures, 

under CERCLA have been completed, 

and that no further response actions, 

under CERCLA, other than O&M and 

five-year reviews, are necessary. 

Therefore, EPA is partially deleting the 

Site from the NPL. 

Because EPA considers this action to 

be noncontroversial and routine, EPA is 

taking it without prior publication. This 

action will be effective February 18, 

2005, unless EPA receives adverse 

comments by January 19, 2005. If 

adverse comments are received within 

the 30-day public comment period, EPA 

will publish a timely withdrawal of this 

direct final notice of deletion before the 

effective date of the deletion and it will 

not take effect and, EPA will prepare a 

response to comments and continue 

with the deletion process on the basis of 

the notice of intent to delete and the 

comments already received. There will 

be no additional opportunity to 

comment.

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: December 6, 2004. 

Max Dodson, 

Acting Regional Administrator, Region 8.

■ For the reasons set out in this 

document, 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.

Appendix B—[Amended]

■ 2. Table 1 of Appendix B to Part 300 

is amended by revising the entry for 

‘‘Uravan’’ by adding a note ‘‘P’’ so that 

it reads as follows:

TABLE 1.—GENERAL SUPERFUND

SECTION

State Site 

name 

City/county Notes(a) 

CO ...... Uravan 

Uranium 

Project 

(Union 

Carbide).

Uravan ... P 

(a) * * * 

*****

P = Sites with partial deletion(s). 

[FR Doc. 04–27551 Filed 12–17–04; 8:45 am] 

BILLING CODE 6560–50–P

FEDERAL MARITIME COMMISSION

46 CFR Part 531 

[Docket No. 04–12] 

RIN 3072–AC30 

Non-Vessel-Operating Common Carrier 

Service Arrangements

AGENCY: Federal Maritime Commission.

ACTION: Final rule.

SUMMARY: The Federal Maritime 

Commission is exempting non-vesseloperating common carriers from the 

tariff publication requirements of the 

Shipping Act of 1984, subject to certain 

filing and publication conditions placed 

on these Non-Vessel-Operating Common 

Carrier Service Arrangements or 

‘‘NSAs.’’ This final rule: Revises the rule 

as proposed to allow affiliates of NSA 

signatories to have access to service, and 

to provide service under an NSA; 

corrects typographical errors and an 

internal reference; and deletes a portion 

of Form FMC–78 that affects only 

internal agency use.

DATES: Effective January 19, 2005.

FOR FURTHER INFORMATION CONTACT: 

Amy W. Larson, General Counsel, 

Federal Maritime Commission, 800 N. 

Capitol St., NW., Washington, DC 

20573–0001, (202) 523–5740, 

generalcounsel@fmc.gov; 

Austin L. Schmitt, Director of 

Operations, Federal Maritime 

Commission, 800 N. Capitol St., NW., 

Washington, DC 20573–0001, (202) 

523–0988.

SUPPLEMENTARY INFORMATION: On 

October 28, 2004, the Federal Maritime 

Commission (‘‘FMC’’ or ‘‘Commission’’) 

issued a notice of proposed rulemaking 

(‘‘NPR’’) pursuant to its authority under 

section 16 of the Shipping Act of 1984 

(‘‘Shipping Act’’), 46 U.S.C. app. § 1715, 

to exempt non-vessel-operating common 

carriers (‘‘NVOCCs’’) from the tariff 

publication requirements of the 

Shipping Act, subject to certain 

conditions. 69 FR 63981 (Nov. 3, 2004). 

Interested persons were given until 

November 19, 2004, to comment on the 

NPR. This deadline was later extended 

to November 30, 2004 in response to a 

request from the U.S. Department of 

Justice (‘‘DOJ’’). 

The Commission received comments 

on the NPR from: Transoceanic 

Shipping Co., Inc. and Jagremar Marine, 

Inc. (‘‘Transoceanic’’); NVOCC 

Committee of China Association of 

Shipping Agency (‘‘CASA’’); the 

American Institute for Shippers’

Associations, Inc. (‘‘AISA’’); the 

National Customs Brokers and 

Forwarders Association of America, Inc. 

(‘‘NCBFAA’’); the North Atlantic 

Alliance Association, Inc. (‘‘NAAA’’); 

the Fashion Accessories Shippers 

Association, Inc. (‘‘FASA’’); the Pacific 

Coast Tariff Bureau (‘‘PCTB’’); the 

International Shippers’ Association 

(‘‘ISA’’); DOJ; 1 and joint comments from 

the National Industrial Transportation 

League, United Parcel Service, Inc., 

BAX Global, Inc., Transportation 

Intermediaries Association, Fedex Trade 

Networks Transport and Brokerage, Inc., 

C.H. Robinson Worldwide, Inc., and 

BDP International, Inc. (‘‘Joint 

Commenters’’).

The exemption as proposed would 

allow individual NVOCCs to offer 

NVOCC Service Arrangements (‘‘NSAs’’) 

to NSA shippers, provided that such 

NSAs are filed with the Commission 

and their essential terms are published 

in the NVOCC’s tariff. The proposed 

rule defined an NSA as ‘‘a written 

contract, other than a bill of lading or 

receipt, between one or more NSA 

shippers and an individual NVOCC in 

which the NSA shipper makes a 

commitment to provide a certain 

minimum quantity or portion of its 

cargo or freight revenue over a fixed 

time period, and the NVOCC commits to 

a certain rate or rate schedule and a 

defined service level.’’ 69 FR at 63990. 

The proposed rule defined an ‘‘NSA 

shipper’’ as a cargo owner, the person 

for whose account the ocean 

transportation is provided, the person to 

whom delivery is to be made, or a 

shippers’ association. Id. This proposed 

definition, however, specifically did not 

include NVOCCs or shippers’

associations with NVOCC members. Id.