74274 Federal Register / Vol. 89, No. 177 / Thursday, September 12, 2024 / Notices 

After the May 2024 Notice of 

Investigation, the investigation 

proceeded, and the FMC received 14 

comments in June 2024. The Canadian 

government and those representing the 

interests of Canadian carriers, as well as 

those representing environmental 

interests, opposed the potential 

imposition of sanctions. On the other 

hand, those representing the interests of 

U.S. carriers and workers were 

supportive of such measures. At the 

same time Transport Canada, the 

responsible Canadian agency, 

established a procedure for seeking 

exemptions that became available to 

affected U.S. carriers in late July 2024, 

although the Commission understands 

that a comparable process had been 

available to Canadian carriers much 

earlier. See Procedure to request an 

exemption to install Ballast Water 

Management Systems under Ballast 

Water Regulations for foreign-flagged 

vessels in Canadian waters, Transport 

Canada (July 25, 2024) (Exemption 

Procedure), available at https://

tc.canada.ca/en/marine-transportation/ 

marine-safety-management-system-tp13585-e-tier-ii-procedures/tier-iiprocedure-request-exemption-installballast-water-management-systemsunder-ballast-water-regulations-foreignflagged-vessels-canadian-waters. The 

Commission also understands that the 

relevant Canadian rule is due to take 

effect as to U.S. carriers shortly, 

specifically on September 8, 2024. 

In light of the above, the Commission 

now extends the time for decision in its 

Chapter 423 investigation by 90 days, 

from the current deadline of September 

19, 2024, to December 18, 2024, and it 

establishes a new comment period to 

gather more information on the apparent 

disparity between the exemption 

processes available to U.S. and 

Canadian carriers, including the 

difference in when the exemption 

procedures became available. In 

particular, the Commission seeks to 

gather and review more information 

about whether the exemption processes 

may have themselves led to adverse 

conditions in violation of 46 U.S.C. 

42302(a), including information about 

developments occurring after the end of 

the initial comment period in June 2024. 

That will help the Commission continue 

to investigate whether the laws, rules, 

policies, or practices of Canada result in 

conditions that ‘‘adversely affect the 

operations of United States carriers in 

United States oceanborne trade’’ and 

that ‘‘do not exist for foreign carriers of 

[Canada] in the United States under the 

laws of the United States.’’ 46 U.S.C. 

42302(a). 

If the agency concludes that the 

standard of section 42302(a) is met, it is 

authorized to take certain actions to 

encourage remediation of those 

conditions. See May 2024 Notice of 

Investigation, 89 FR 44979–80. 

Specifically, the Commission may take 

actions ‘‘against any foreign carrier that 

is a contributing cause, or whose 

government is a contributing cause, to 

those conditions.’’ 46 U.S.C. 42304(a). 

Potential actions include imposing 

limits and/or fees on Canadian-flagged 

vessels that visit U.S. ports and 

requesting that the U.S. Department of 

Homeland Security and the U.S. Coast 

Guard refuse clearance and deny entry 

of such vessels into the U.S., or detain 

such vessels. See 46 U.S.C. 42304, 

42305. Any such fees could be 

substantial, as they are authorized by 

law at a level up to $2,559,636 per 

voyage. See 46 CFR 506.4. Before any 

action is taken under 46 U.S.C. 42304 or 

42305, the relevant determination is 

submitted for Presidential review, 

within 10 days of receipt, under 46 

U.S.C. 42306. 

III. New Request for Comments 

As explained above, the Commission 

determined that the above situation 

meets the threshold requirements for 

consideration under the relevant 

statutory and regulatory authority, and 

in May 2024, it initiated a Chapter 423 

investigation into whether the situation 

has created conditions that adversely 

affect the operations of United States 

carriers. See 46 U.S.C. 42302; 46 CFR 

555.3, 555.5, 555.6. 

The Commission now finds that it 

would enhance its investigation to ask 

interested persons to submit written 

comments containing arguments, 

experiences, and/or data relevant to the 

options that have been available for 

carriers to seek an exemption from the 

Canadian ballast water management 

regulations going into effect in 

September 2024. In particular, the 

Commission seeks information about 

the extent to which such processes have 

differed based on whether the carrier is 

a U.S. carrier or a Canadian carrier, 

including but not limited to when the 

exemption processes became available 

for affected carriers in those categories; 

information that was unavailable when 

the last comment period closed in June 

2024; and information about when 

specific carriers were granted or denied 

exemptions from the requirements at 

issue, as well as the basis for such 

decisions. 

The Commission’s jurisdiction under 

46 U.S.C. 42302 is broad, and the 

agency welcomes comments not only 

from the Government of Canada, but 

also from container shipping interests, 

bulk cargo interests, vessel owners, 

individuals and groups with relevant 

information on commercial and 

environmental considerations, and 

anyone else with relevant information 

or perspectives on this matter. 

As the Commission proceeds with 

this investigation, it may determine to 

request additional comment or gather 

information through other means as 

authorized under 46 U.S.C. 42303 and 

46 CFR 555.5, 555.6. 

By the Commission. 

David Eng, 

Secretary. 

[FR Doc. 2024–20615 Filed 9–11–24; 8:45 am] 

BILLING CODE 6730–02–P 

FEDERAL MINE SAFETY AND HEALTH 

REVIEW COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 2 p.m., Thursday, 

September 19, 2024. 

PLACE: The United States Department of 

Labor Auditorium, Frances Perkins 

Building, 200 Constitution Avenue NW, 

Washington, DC 20210. 

STATUS: Open. 

MATTERS TO BE CONSIDERED: The 

Commission will hear oral argument in 

the matter of Geneva Rock Products, 

Inc., Docket No. WEST 2022–0097. 

(Issues include whether the Judge 

abused his discretion when he ordered 

a stay of the case for an indefinite 

duration because of a pending criminal 

matter.) 

Any person attending this oral 

argument who requires special 

accessibility features and/or auxiliary 

aids, such as sign language interpreters, 

must inform the Commission in advance 

of those needs. Subject to 29 CFR 

2706.150(a)(3) and 2706.160(d). 

CONTACT PERSON FOR MORE INFORMATION: 

Emogene Johnson (202) 434–9935/(202) 

708–9300 for TDD Relay/1–800–877– 

8339 for toll free. 

Phone Number for Listening to 

Meeting: 1 (866) 236–7472, Passcode: 

678–100. 

(Authority: 5 U.S.C. 552b) 

Dated: September 9, 2024. 

Sarah L. Stewart, 

Deputy General Counsel. 

[FR Doc. 2024–20792 Filed 9–10–24; 11:15 am] 

BILLING CODE 6735–01–P 


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