8506 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Proposed Rules 

Domain Level of impairment Criteria 

4 = Total impairment that occurs 25% or more of the time ....... Total: Profound difficulties in one or more aspects of navigating environments that cannot be managed or remediated; 

incapable of even the most basic tasks within one or more 

aspects of environmental navigation; difficulties that completely interfere with tasks, activities, or relationships. 

5. Self-care: May include, but is not limited to, the following types of activities: Hygiene, dressing appropriately, or taking nourishment. 

0 = None ..................................................................................... No difficulties: Self-care capabilities intact. 

1 = Mild impairment at any frequency; or moderate impairment 

that occurs less than 25% of the time.

Mild: Slight difficulties in one or more aspects of self-care that 

do not interfere with tasks, activities, or relationships. 

2 = Moderate impairment that occurs 25% or more of the time; 

or severe impairment that occurs less than 25% of the time.

Moderate: Clinically significant difficulties in one or more aspects of self-care that interfere with tasks, activities, or relationships without accommodations or assistance. 

3 = Severe impairment that occurs 25% or more of the time; or 

total impairment that occurs less than 25% of the time.

Severe: Serious difficulties in one or more aspects of self-care 

that interfere with tasks, activities, or relationships, even with 

accommodations or assistance. 

4 = Total impairment that occurs 25% or more of the time ....... Total: Profound difficulties in one or more aspects of self-care

that cannot be managed or remediated; difficulties that completely interfere with tasks, activities, or relationships, even 

with accommodations or assistance. 

■ 4. Amend Appendix A to part 4, 

§ 4.130, to read as follows: 

Appendix A to Part 4—Table of 

Amendments and Effective Dates Since 

1946 

Sec. Diagnostic 

code No. 

*******

4.130 .............................. ........................ Re-designated from § 4.132 November 7, 1996; General Rating Formula for Mental Disorders revision [Effective date of final rule]. 

9520 Added November 7, 1996; criterion [Effective date of final rule]. 

9521 Added November 7, 1996; criterion [Effective date of final rule]. 

*******

(Authority: 38 U.S.C. 1155) 

[FR Doc. 2022–02051 Filed 2–14–22; 8:45 am] 

BILLING CODE 8320–01–P 

FEDERAL MARITIME COMMISSION 

46 CFR Chapter IV, Subchapter B 

[Docket No. 22–04] 

RIN 3072–AC90 

Demurrage and Detention Billing 

Requirements 

AGENCY: Federal Maritime Commission. 

ACTION: Advance Notice of Proposed 

Rulemaking. 

SUMMARY: The Federal Maritime 

Commission (Commission) is issuing 

this Advance Notice of Proposed 

Rulemaking (ANPRM) to seek comment 

on whether the Commission should 

require common carriers and marine 

terminal operators to include certain 

minimum information on or with 

demurrage and detention billings. Also, 

the Commission is interested in 

receiving comments on whether it 

should require common carriers and 

marine terminal operators to adhere to 

certain practices regarding the timing of 

demurrage and detention billings. These 

changes were recommended by the Fact 

Finding Officer in Commission Fact 

Finding 29: International Ocean 

Transportation Supply Chain 

Engagement. 

DATES: Submit comments on or before 

March 17, 2022. 

ADDRESSES: You may submit comments, 

identified by Docket No. 22–04, by 

email at secretary@fmc.gov. For 

comments, include in the subject line: 

‘‘Docket No. 22–04, Comments on 

Demurrage and Detention Billing 

Requirements ANPRM.’’ Comments 

should be attached to the email as a 

Microsoft Word or text-searchable PDF 

document. Only non-confidential and 

public versions of confidential 

comments should be submitted by 

email. 

Instructions: For detailed instructions 

on submitting comments, including 

requesting confidential treatment of 

comments, and additional information 

on the rulemaking process, see the 

Public Participation heading of the 

Supplementary Information section of 

this document. Note that all comments 

received will be posted without change 

to the Commission’s website unless the 

commenter has requested confidential 

treatment. 

Docket: For access to the docket to 

read background documents or 

comments received, go to the 

Commission’s Electronic Reading Room 

at: https://www2.fmc.gov/readingroom/ 

proceeding/22-04. 

FOR FURTHER INFORMATION CONTACT: 

William Cody, Secretary; Phone: (202) 

523–5725; Email: secretary@fmc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

How do I prepare and submit 

comments? 

Your comments must be written in 

English. To ensure that your comments 

are correctly filed in the docket, please 

include the docket number of this 

document in your comments. 


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1See Fact Finding Investigation No. 29, Interim 

Recommendations at 6 (July 28, 2021), https://

www2.fmc.gov/ReadingRoom/docs/FFno29/ 

FF29%20Interim%20Recommendations.pdf/. 

2Fact Finding Investigation No. 29, Interim 

Recommendations at 7, https://www2.fmc.gov/ 

ReadingRoom/docs/FFno29/FF29%20Interim

%20Recommendations.pdf/. 

3Fed. Mar. Comm’n, Press Release, FMC to Issue 

Guidance on Complaint Proceedings and Seek 

Comments on Demurrage and Detention Billings 

(Sept. 15, 2021), https://www.fmc.gov/fmc-to-issueguidance-on-complaint-proceedings-and-seekcomments-on-demurrage-and-detention-billings/. 

4 85 FR 29638, 29662 (May 18, 2020). 

5The scope of this ANPRM does not include 

ocean freight bills or bills for charges that do not 

have the purpose of demurrage and detention, such 

as charges related to chassis, bunker, and 

documentation. 

6 46 U.S.C. 40102. 

7The Commission does not seek comment on the 

ocean freight forwarder bills, as ocean freight 

forwarders, although ocean transportation 

intermediaries, are not common carriers. 46 U.S.C. 

40102. 

8See 85 FR at 29662. Publicly available MTO 

schedules are, however, enforceable as implied 

contracts without proof of actual knowledge of the 

schedule’s provisions. 46 U.S.C. 40501(f). 

9See 46 CFR 535.309. 

You may submit your comments via 

email to the email address listed above 

under ADDRESSES. Please include the 

docket number associated with this 

notice and the subject matter in the 

subject line of the email. Comments 

should be attached to the email as a 

Microsoft Word or text-searchable PDF 

document. Only non-confidential and 

public versions of confidential 

comments should be submitted by 

email. 

How do I submit confidential business 

information? 

The Commission will provide 

confidential treatment for identified 

confidential information to the extent 

allowed by law. If your comments 

contain confidential information, you 

must submit the following by email to 

the address listed above under 

ADDRESSES: 

• A transmittal letter requesting 

confidential treatment that identifies the 

specific information in the comments 

for which protection is sought and 

demonstrates that the information is a 

trade secret or other confidential 

research, development, or commercial 

information. 

• A confidential copy of your 

comments, consisting of the complete 

filing with a cover page marked 

‘‘Confidential-Restricted,’’ and the 

confidential material clearly marked on 

each page. You should submit the 

confidential copy to the Commission by 

mail. 

• A public version of your comments 

with the confidential information 

excluded. The public version must state 

‘‘Public Version—confidential materials 

excluded’’ on the cover page and on 

each affected page and must clearly 

indicate any information withheld. You 

may submit the public version to the 

Commission by email or mail. 

Will the Commission consider late 

comments? 

The Commission will consider all 

comments received before the close of 

business on the comment closing date 

indicated above under DATES. To the 

extent possible, we will also consider 

comments received after that date. 

How can I read comments submitted by 

other people? 

You may read the comments received 

by the Commission at the Commission’s 

Electronic Reading Room or the Docket 

Activity Library at the addresses listed 

above under ADDRESSES. 

II. Background 

As rising cargo volumes have 

increasingly put pressure on common 

carrier, port and terminal performance, 

demurrage and detention charges have 

for a variety of reasons substantially 

increased. Demurrage and detention 

charges and policies should serve the 

primary purpose of incentivizing the 

movement of cargo and promoting 

freight fluidity. 

On July 28, 2021, Commissioner 

Rebecca F. Dye, the Fact Finding Officer 

for Fact Finding 29, recommended, 

among other things, that the 

Commission ‘‘[i]ssue an ANPRM 

seeking industry views on whether the 

Commission should require common 

carriers and marine terminal operators 

to include certain minimum information 

on or with demurrage and detention 

billings and adhere to certain practices 

regarding the timing of demurrage and 

detention billings.’’ 1 The Fact Finding 

Officer noted that although the 

Commission had declined to prescribe 

specific billing practices in the April 

2020 interpretive rule on demurrage and 

detention, 46 CFR 545.5, she remained 

concerned about demurrage and 

detention billing practices and about 

ensuring that it is clear to shippers 

‘‘what is being billed by whom’’ so that 

they can understand the charges.2 The 

Commission approved the Fact Finding 

29 recommendation on September 15, 

2021.3

In the development of its Interpretive 

Rule on Demurrage and Detention, the 

Commission discussed but did not 

adopt a particular billing model, or 

billing and invoice timeframes to 

incorporate into the analysis of what 

constitutes reasonable demurrage and 

detention policies.4 Since that time, the 

Commission has continued to receive 

complaints about billing practices and is 

now considering how and whether to 

address billing issues. 

III. Discussion 

A. Scope of ANPRM 

The Commission is seeking industry 

views on whether it should regulate the 

demurrage and detention billing 

practices of common carriers and 

marine terminal operators (MTO). For 

the purposes of this ANPRM, the 

Commission defines the terms 

‘‘demurrage and detention’’ broadly to 

include any charges assessed by 

common carriers and marine terminal 

operators related to the use of marine 

terminal space or shipping containers. 

Under this definition, for instance, 

charges assessed by common carriers for 

the use of containers outside a marine 

terminal would fall within the scope of 

this ANPRM regardless of whether the 

charges are called ‘‘detention’’ or ‘‘per 

diem.’’ Similarly, charges assessed 

because a container is taking up 

terminal space would fall within the 

scope of this ANPRM even if the charges 

are called something other than 

‘‘demurrage.’’ Therefore, the scope of 

this advance notice is any charges 

having the purpose or effect of 

demurrage or detention regardless of the 

labels given to those charges.5

The Fact Finding 29 recommendation 

proposed regulating the billings and 

billing practices of both common 

carriers and marine terminal operators. 

There are two types of common 

carrier—vessel-operating common 

carriers (VOCCs) and non-vesseloperating common carriers (NVOCCs).6

As set forth below in Section IV, the 

Commission seeks comments on 

whether a proposed regulation on 

demurrage and detention billing should 

include NVOCCs as well as VOCCs, and 

to what extent any regulations should 

differ based on the type of entity 

involved.7

Additionally, although the Fact 

Finding 29 recommendation suggested 

regulating MTO demurrage and 

detention billings, MTOs often do not 

have direct contractual relationships 

with shippers.8 Rather, marine terminal 

operators usually have contractual 

relationships with VOCCs, such as via 

terminal services agreements.9 However, 

under Commission regulations, MTOs 

are entitled to separately assess 

demurrage as an implied contract in a 

court of law, provided that it is 

published as part of a MTO schedule. 

Further, in the Interpretive Rule on 

demurrage and detention, the 


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10 85 FR at 29650. 

11See, e.g., 85 FR 29662 n. 388. 

12See Fact Finding Investigation No. 28 Final 

Report, at 14 https://www2.fmc.gov/readingroom/ 

docs/FF%20No.%2028/FF-28_FR.pdf/. 

13 85 FR 29638 at 29662. 

14 85 FR 29638 at 29662. 

15 ‘‘Provider shall invoice Motor Carrier for Per 

Diem, Container Use, Chassis Use/Rental and/or 

Storage/Ocean Demurrage charges within sixty (60) 

days from the date on which Equipment was 

returned to Provider by Motor Carrier. If Motor 

Carrier is not invoiced within the established 

timeframe, the right of the Provider to recover such 

charges will be lost.’’ Uniform Intermodal 

Interchange and Facilities Access Agreement 

(‘‘UIIA’’) at Section E.6(c). https://www.uiia.org/ 

sites/default/files/documents/newuiia-Home.pdf. 

Commission stated that its focus in that 

rulemaking was ‘‘on practices related to 

charges imposed by regulated entities 

on shippers, intermediaries, and 

truckers, and not the contractual 

relationships between ocean carriers 

and marine terminal operators.’’ 10

There are some situations, however, 

where marine terminal operators do 

impose fees directly on shippers. The 

Commission thus seeks comments on 

where marine terminal operators impose 

fees directly on shippers, as well as 

whether and to what extent a proposed 

regulation on demurrage and detention 

billings should include MTOs. 

The Commission is also aware that 

common carriers and marine terminal 

operators are subject to laws other than 

the Shipping Act, as well as private 

contractual arrangements such as the 

Uniform Intermodal Interchange 

Agreement (UIIA), which may implicate 

demurrage and detention billing. For 

instance, as the Commission noted in 

the Interpretive Rule, the standard UIIA 

agreement contains deadlines for 

equipment providers (e.g., VOCCs) to 

invoice truckers for containers and 

chassis.11 The Commission seeks 

comment on any other laws, regulations, 

or arrangements that may affect the 

regulation of demurrage and detention 

billing. 

B. Minimum Billing Information 

The Commission is considering a 

requirement that bills for demurrage and 

detention charges contain certain 

minimum information. Although much 

of the information required may 

currently be included on bills already, 

certain additional information may be 

useful to ensure the accuracy, clarity, 

and visibility of charges, including 

identifying whether the bill is being 

issued to the correct party, identifying 

the appropriate time period for which 

demurrage and detention charges are 

being assessed, providing more concise 

information in the event a bill is 

disputed, and including information on 

how to access the dispute resolution 

process. Requiring such information 

may ultimately lead to fewer disputed 

bills and therefore streamline the 

demurrage and detention billing 

process. 

Accordingly, the Commission is 

requesting comments on what specific 

information it should require on 

demurrage and detention bills. In 

addition to information necessary to 

identify the shipment (bill of lading 

number, container number, etc.), the 

Commission is also requesting 

comments on whether bills should 

include information on how the charges 

are calculated. This could include, for 

example, identifying clear and concise 

container availability dates in addition 

to vessel arrival dates for import 

shipments; and, for export shipments, 

the earliest return dates (and any 

modifications to those dates) as well as 

the availability of return locations and 

appointments, where applicable. In 

addition, the Commission is requesting 

comments on whether the bills should 

include information on any events (e.g., 

container unavailability, lack of return 

locations, appointments, or other forcemajeure reasons) which would justify 

stopping the clock on charges. Finally, 

since anecdotal reports indicate that 

bills may sometimes be sent to multiple 

parties for the same shipments, the 

Commission is seeking comment on 

whether it would be appropriate to 

require bills to specify all parties 

receiving the bill as well as to identify 

why the party receiving the bill is the 

proper party-in-interest and to identify 

the source of the charge (i.e., by tariff, 

service contract or MTO schedule). 

C. Billing Practices 

The Commission is also considering 

requiring common carriers and MTOs to 

adhere to certain practices regarding the 

timing of demurrage and detention 

billings. The Commission is also 

interested in comments on whether 

similar requirements should be placed 

on the issuance of refunds. 

The Commission has previously 

received concerns from stakeholders 

regarding a lack of clearly defined 

timeframes for the issuance of bills.12 In 

response to the proposed rule on 

Interpretive Rule on Demurrage and 

Detention, the Commission received 

many comments asserting that ocean 

carriers and marine terminal operators 

should issue demurrage or detention 

bills within specific timeframes.13 In the 

Final Rule, the Commission determined 

not to take action, reserving the right to 

reconsider the issue on potential billing 

and invoice timeframes.14

However, the Commission has 

continued to receive anecdotal 

examples of delays in receiving 

demurrage or detention bills. The longer 

it takes to receive a demurrage or 

detention bill the more difficult it may 

be for a shipper to validate the accuracy 

of the charges. For example, if a shipper 

receives a demurrage or detention bill 

months after the occurrence of the 

charge, they may no longer possess the 

necessary materials to confirm the 

charges are correct or to access the 

information necessary to dispute the 

charges. 

The Commission is asking for 

comments on a requirement that 

demurrage or detention bills be issued 

within 60 days of the occurrence of the 

charge. The UIIA currently requires that 

invoices be issued within 60 days.15 The 

Commission is interested in the 

effectiveness of that UIIA timeframe and 

if a longer or shorter timeline would be 

appropriate. 

The Commission is also seeking 

comments on whether similar timing 

requirements in the context of refunds 

would be beneficial. Again, the 

Commission has received anecdotal 

examples of refunds of demurrage and 

detention billings taking several months 

to be issued. The Commission is seeking 

comments on whether it should regulate 

the timeframe for refunds and what the 

timeframe should be. 

IV. Information Requested 

Your responses to the following 

questions will help inform the 

Commission whether rulemaking or 

other Commission action is necessary. 

In responding to each question, please 

identify the question to which you are 

responding and explain your answer to 

each question. Additionally, please 

consider the type of information that 

VOCCs, NVOCCs, and MTOs currently 

provide with demurrage and detention 

bills, current demurrage and detention 

billing practices, and any relevant 

distinctions that should be made 

between VOCCs, NVOCCs, and MTOs 

with respect to billing information and 

practices. If your response to a question 

includes a monetary or numerical 

figure, please provide sufficient 

information and data to explain how the 

figure was calculated. Comments may 

also include any supplemental 

information relevant to billing 

requirements. 

A. Scope. 

1. Should the Commission include 

both VOCCs and NVOCCs in a proposed 

regulation on demurrage and detention 

billing? 


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Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Proposed Rules 8509 

2. Should the Commission include 

MTOs in a proposed demurrage billing 

regulation? 

3. Should a proposed demurrage 

billing regulation distinguish between 

the demurrage MTOs charge to shippers 

and the demurrage MTOs charge to 

VOCCs? That is, should the Commission 

regulate the format in which MTOs bill 

VOCCs? 

4. What percentage of demurrage and 

detention bills contain inaccurate 

information, and which information is 

most often disputed? 

5. How much does the type of 

information included on or with 

demurrage and detention billings vary 

among common carriers, among marine 

terminal operators, and between VOCCs 

and NVOCCs? 

B. Minimum billing information. 

6. What type of information should be 

required on billings. Should the 

Commission require certain essential 

information included on invoices such 

as: 

a. Bill of lading number 

b. Container number 

c. Billing date 

d. Payment due date 

e. Start/end of free time 

f. Start/end of demurrage/detention/per 

diem clock 

g. Demurrage/detention/per diem rate 

schedule 

h. Location of the notice of the charge 

(i.e., tariff, service contract number 

and section or MTO schedule) 

i. For import shipments: 

i. Vessel arrival date 

ii. Container availability date 

j. For export shipments: 

i. Earliest return date, including 

identifying any modifications to the 

earliest return date 

k. Any intervening clock-stopping 

events, for example: 

i. Unavailability of container 

ii. Unavailability of pickup or return 

locations 

iii. Unavailability of appointments 

(where applicable) 

iv. Restrictions on chassis accepted 

v. Force majeure-related events 

l. Please note if any portion of the 

charge is a pass-through of charges 

levied by the MTO or Port. 

C. Billing practices. 

7. What information or timeframes 

should be required for VOCC and 

NVOCC demurrage and detention bills? 

Should the Commission require 

different types of information or 

timeframes? 

8. Do common carriers invoice 

multiple parties for demurrage and/or 

detention charges? If multiple parties 

are invoiced for charges, should the 

billing party be required to identify all 

such parties receiving an invoice for the 

charges at issue? 

9. Should the billing party be required 

to identify the basis of why the invoiced 

party is the proper party in interest and 

therefore liable for the charges? (i.e., as 

shipper, consignee, beneficial cargo 

owner, motor carrier or an agent, or as 

a party acting on behalf of another party 

pursuant to the common carrier’s 

merchant clause in its bill of lading.) 

10. Should the Commission, for 

purposes of clarity and visibility of 

charges, require MTOs to bill demurrage 

directly to shippers (rather than billing 

VOCCs who then bill shippers for 

demurrage)? In that scenario, MTOs 

would bill shippers directly for 

demurrage, and carriers would continue 

to bill detention to shippers. 

11. How long from the point of 

accrual of a demurrage or detention 

charge does it typically take to receive 

a demurrage or detention invoice or 

billing? 

12. Should the Commission require 

demurrage and detention invoices to be 

issued within 60 days of date when the 

detention/demurrage/per diem stops 

accruing? 

13. Should the Commission require 

specific information be included on the 

invoice regarding how to dispute a 

charge? If so, what information should 

be required? For example, should the 

Commission require invoices to include 

contact information for disputing 

charges, identify circumstances for 

when a charge may be waived, or 

identify the billing parties’ evidentiary 

requirements sufficient to support a 

waiver of the charges? 

14. How long from the point of 

dismissal of a charge does it typically 

take to receive a refund? Should the 

Commission require that refunds of 

demurrage or detention bills be issued 

within a certain time period and what 

should that timeframe be? 

15. How would a regulation on 

demurrage and detention billing 

requirements impact, conflict with, or 

preempt any other applicable laws, 

regulations, or arrangements (such as 

the UIIA)? 

16. Please provide any other views or 

data you believe would help inform the 

Commission’s decision whether to 

pursue a proposed regulation on 

demurrage and detention billing 

information and practices. 

By the Commission. 

William Cody, 

Secretary. 

[FR Doc. 2022–02981 Filed 2–14–22; 8:45 am] 

BILLING CODE 6730–02–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 22–39; RM–11917; DA 

22–87; FR ID 71247] 

Television Broadcasting Services; 

Billings, Montana; Correction 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule; correction. 

SUMMARY: The Federal Communications 

Commission published a document in 

the Federal Register of February 4, 

2022, concerning a petition for 

rulemaking filed by Scripps 

Broadcasting Holdings LLC, licensee of 

KTVQ(TV), channel 10, Billings, 

Montana, requesting the substitution of 

channel 20 for channel 10 in the Table 

of Allotments. The document contained 

the incorrect call sign of the licensee. 

The document also contained an 

incorrect licensee name. 

DATES: February 15, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, Media Bureau, at (202) 

418–1647 or Joyce.Bernstein@fcc.gov. 

SUPPLEMENTARY INFORMATION: 

Correction 

In FR Doc. 2022–02337, in the 

Federal Register of February 4, 2022, 

appearing on page 6473, in the third 

column, correct the first sentence in the 

SUMMARY caption to read: 

SUMMARY: The Federal Communications 

Commission (Commission) has before it 

a petition for rulemaking filed by 

Scripps Broadcasting Holdings LLC 

(Petitioner), the licensee of KTVQ(TV), 

channel 10, Billings, Montana. 

Dated: February 7, 2022. 

Thomas Horan, 

Chief of Staff, Media Bureau. 

[FR Doc. 2022–03069 Filed 2–14–22; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R2–ES–2021–0041; 

FF09E21000; FXES1111090FEDR 223] 

RIN 1018–BE65 

Endangered and Threatened Wildlife 

and Plants; Endangered Species for 

Prostrate Milkweed and Designation of 

Critical Habitat 

AGENCY: Fish and Wildlife Service, 

Interior. 


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