Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Rules and Regulations 15123 

Xavier Becerra, 

Secretary, Department of Health and Human 

Services. 

[FR Doc. 2022–05648 Filed 3–16–22; 8:45 am] 

BILLING CODE 4150–24–C 

FEDERAL MARITIME COMMISSION 

46 CFR Part 525 

[Docket No. 21–06] 

RIN 3072–AC87 

Marine Terminal Operator Schedules 

AGENCY: Federal Maritime Commission. 

ACTION: Final rule. 

SUMMARY: This final rule adopts without 

substantive change the proposed rule. 

The Federal Maritime Commission 

(FMC or Commission) seeks to update 

outdated references to Commission 

offices, modernize references to 

technology, and clarify existing 

requirements associated with the filing 

of marine terminal operator (MTO) 

schedules. 

DATES: This final rule is effective: April 

18, 2022. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions, contact Kristen 

Monaco, Director, Bureau of Trade 

Analysis, Federal Maritime 

Commission, 800 North Capitol Street 

NW, Washington, DC 20573–0001. 

Phone: (202) 523–5796. Email: 

tradeanalysis@fmc.gov. For legal 

questions, contact Steven Andersen, 

General Counsel, Federal Maritime 

Commission, 800 North Capitol Street 

NW, Washington, DC 20573–0001. 

Phone: (202) 523–5738. Email: 

GeneralCounsel@fmc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

Pursuant to 46 U.S.C. 40501(f), MTOs 

may make public a schedule of rates, 

regulations, and practice. Additionally, 

Congress directs the Commission to 

prescribe the form and manner in which 

MTO schedules shall be published. 46 

U.S.C. 40501(g)(3). The Commission’s 

regulations regarding MTO schedules 

are outlined in 46 CFR part 525. 

Consistent with the language in 46 

U.S.C. 40501(f), part 525 states that an 

MTO, at its discretion, may make 

available to the public a schedule of its 

rates, regulations, and practices. Part 

525 also discusses the requirements 

when an MTO decides to make terminal 

schedules available to the public. 

II. Summary of Proposed Changes 

In Fiscal Year 2021, the Commission 

reviewed its regulations regarding MTO 

schedules found in 46 CFR part 525. On 

September 22, 2021, the Commission 

issued a notice of proposed rulemaking 

that proposed several changes to part 

525 that are neither substantive nor 

policy related. 86 FR 52627. The 

proposed revisions updated references 

to a Commission bureau and deleted 

references to outdated technology. 

Additionally, the FMC clarified 

definitions or revised them to be 

consistent with other parts of the 

Commission’s regulations. The 

Commission requested comments on 

these proposed amendments. 

III. Summary of Comments 

One shipper filed comments in this 

docket. However, these comments, 

which relate to per diem charges, 

detention and demurrage fees, and dual 

transaction requirements at specific 

terminals, do not address the proposed 

revisions to part 525. The commenter 

neither expressed support nor 

opposition to the proposed part 525 

revisions. Because the issues raised by 

the commenter are outside the scope of 

the proposed amendments and the 

rulemaking, the FMC is not making 

changes to the final rule based on these 

comments. The FMC now adopts all of 

the proposed amendments without 

substantive change in this final rule. 

IV. Final Rule 

The proposed rule contained 

revisions that were not policy related 

and the Commission’s intent was 

limited to modernizing outdated 

requirements, clarifying existing 

requirements and definitions, and 

making the existing requirements and 

definitions consistent with other parts 

of the Commission’s regulations. For the 

reasons stated in the NPRM and 

described below, the Commission is 

adopting the revisions in the proposed 

rule with non-substantive changes. 

1. Section 525.1. 

The proposed rule revises references 

to the Shipping Act of 1984 (the Act) to 

remove specific cites to the Ocean 

Shipping Reform Act of 1998 and the 

Coast Guard Authorization Act of 1998 

because several other laws also amend 

the Shipping Act of 1984. See An Act 

to Complete the Codification of Title 46, 

United States Code, ‘‘Shipping,’’ as 

Positive Law, Public Law 109–304, 120 

Stat. 1485 (2006); Frank LoBiondo Coast 

Guard Authorization Act of 2018, Public 

Law 115–282, 132 Stat. 4192 (2018). 

These revisions affect section 525.1(a) 

and (c)(1). The proposed rule added 

clarifying language to the definition of 

‘‘bulk cargo’’ to explain that bulk 

‘‘containerized cargo tendered by the 

shipper’’ is subject to mark and count 

and is, therefore, subject to the 

requirements of this part. The proposed 

rule amended the definition of ‘‘forest 

products’’ to correct a typographical 

error. 

In addition, the proposed rule revised 

the definition of ‘‘marine terminal 

operator’’ to mean ‘‘a person engaged in 

the United States in the business of 

providing wharfage, dock, warehouse, 

or other terminal facilities in connection 

with a common carrier[.]’’ This language 

is consistent with the statutory 

definition of an MTO. See 46 U.S.C. 

40102(15). The proposed rule also 

added language to clarify that shippers 

or consignees who exclusively provide 

their own marine terminal facilities in 

connection with providing marine 

terminal services are not MTOs. 

The proposed rule amended the 

definition of ‘‘terminal facilities’’ by 

adding ‘‘docks, berths, piers, [and] 

aprons’’ to the list of structures 

comprising a terminal unit. In addition, 

the proposed language replaces the term 

‘‘water carriers’’ with ‘‘ocean common 

carriers.’’ As a result of these revisions, 

the definition of ‘‘terminal facilities’’ is 

consistent with the definition of 

‘‘marine terminal facilities’’ in 46 CFR 

part 535. 

The proposed rule also introduced a 

definition for the ‘‘United States’’ that is 

consistent with the definition found in 

46 U.S.C. 114. To accommodate the new 

paragraph, the proposed rule 

renumbered paragraphs 525.1(c)(21) to 

(23) to be paragraphs 525.1(c)(22) to 

(24). Additionally, the proposed rule 

revised the definition of an MTO to 

delete ‘‘or a commonwealth, territory, or 

possession thereof,’’ because those 

entities are now included in the 

definition of ‘‘United States.’’ 

The comments received do not 

address these proposed revisions. 

The final rule adopts the revisions 

described above without change. 

A. Section 525.2 

The proposed rule did not propose 

revisions to section 525.2. The 

comments do not address section 525.2. 

Thus, the final rule does not revise 

section 525.2. 

B. Section 525.3 

With respect to section 525.3, 

Availability of marine terminal operator 

schedules, the proposed rule removed 

outdated and unnecessary language 

relating to accessing electronically 

published MTO schedules. The 

proposed rule deleted the terms 

‘‘personal computer (PC),’’ ‘‘dial-up 

connection,’’ ‘‘the internet,’’ ‘‘Web 

browser,’’ ‘‘Telnet session,’’ ‘‘modem,’’ 


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15124 Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Rules and Regulations 

and any further definition or technical 

requirements relating to these terms. 

The proposed language also amended 

the term ‘‘URL’’ to mean ‘‘uniform 

resource locator.’’ The proposed rule 

deleted current paragraphs 525.3(c) and 

(e) regarding dial-up connection 

requirements and Commission access as 

the technologies referenced in those 

paragraphs are obsolete. 

With the deletion of specific 

paragraphs as discussed above, the 

proposed rule renumbered the 

remaining paragraphs. With respect to 

current paragraph 525.3(f), the proposed 

rule replaces references to the ‘‘Bureau 

of Tariffs, Certification and Licensing,’’ 

which no longer exists, with the 

‘‘Bureau of Trade Analysis’’ (BTA). In 

addition, the proposed rule also 

replaced ‘‘name and telephone number 

of firm’s representative’’ with simply 

‘‘contact information for its 

representative.’’ The proposed rule also 

clarifies that BTA has authority to 

accept submitted Form FMC–1 filings 

and revisions, and that the filings are 

pending until accepted. 

With respect to current paragraph 

525.3(g), the proposed rule clarified that 

an MTO may make available to the 

public its schedules and that any such 

schedule made available to the public is 

enforceable by an appropriate court as 

an implied contract without proof of 

actual knowledge of its provisions. This 

language is consistent with 46 U.S.C. 

40501(f). 

D. Section 525.4 

The proposed rule did not propose 

revisions to section 525.4. The 

comments do not address section 525.4. 

Thus, the final rule does not revise 

section 525.4. 

V. Regulatory Notices and Analysis 

Congressional Review Act 

The rule is not a ‘‘major rule’’ as 

defined by the Congressional Review 

Act, codified at 5 U.S.C. 801 et seq. The 

rule will not result in: (1) An annual 

effect on the economy of $100,000,000 

or more; (2) a major increase in costs or 

prices; or (3) significant adverse effects 

on competition, employment, 

investment, productivity, innovation, or 

the ability of United States-based 

companies to compete with foreignbased companies. 5 U.S.C. 804(2). 

Regulatory Flexibility Act 

The Regulatory Flexibility Act, 5 

U.S.C. 601–612, provides that whenever 

an agency promulgates a final rule after 

being required to publish a notice of 

proposed rulemaking under the 

Administrative Procedure Act (APA), 5 

U.S.C. 553, the agency must prepare and 

make available for public comment a 

final regulatory flexibility analysis 

describing the impact of the rule on 

small entities, unless the head of the 

agency certifies that the rulemaking will 

not have a significant economic impact 

on a substantial number of small 

entities. 5 U.S.C. 604, 605. Accordingly, 

the Chairman of the Federal Maritime 

Commission certifies that the final rule 

will not have a significant impact on a 

substantial number of small entities. 

The regulated business entities that 

would be impacted by the rule are 

marine terminal operators. The 

Commission has determined that marine 

terminal operators generally do not 

qualify as small entities under the 

guidelines of the Small Business 

Administration (SBA). See FMC Policy 

and Procedures Regarding Proper 

Consideration of Small Entities in 

Rulemakings (Feb. 7, 2003), available at 

https://www.fmc.gov/wp-content/ 

uploads/2018/10/SBREFA_Guidelines_

2003.pdf. 

National Environmental Policy Act 

Upon completion of an environmental 

assessment, it was determined that the 

proposed rule will not constitute a 

major Federal action significantly 

affecting the quality of the human 

environment within the meaning of the 

National Environmental Policy Act of 

1969, 42 U.S.C. 4321 et seq., and that 

preparation of an environmental impact 

statement is not required. This FONSI 

will become final within 10 days of 

publication of this notice in the Federal 

Register unless a petition for review is 

filed by any of the methods described in 

the ADDRESSES section of the document. 

The FONSI and environmental 

assessment are available for inspection 

at the Commission’s Electronic Reading 

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

readingroom/proceeding/21-06/. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3521) (PRA) requires an 

agency to seek and receive approval 

from the Office of Management and 

Budget (OMB) before collecting 

information from the public. 44 U.S.C. 

3507. The agency must submit 

collections of information in proposed 

rules to OMB in conjunction with the 

publication of the notice of proposed 

rulemaking. 5 CFR 1320.11. 

The information collection 

requirements in Part 525, Marine 

Terminal Operator Schedules, are 

currently authorized under OMB 

Control Number 3072–0061. In 

compliance with the PRA, the 

Commission submitted the proposed 

revised information collections to the 

Office of Management and Budget. 

Notice of the revised information 

collections was published in the 

Federal Register and public comments 

were invited. See 86 FR 52627 

(September 22, 2021). Comments 

received regarding the proposed 

changes are discussed above. No 

comments specifically addressed the 

information collected pursuant to part 

525 and no changes were made in the 

final rule due to public comments. 

The final rule updates a reference to 

a Commission bureau and deletes 

references to outdated technology. In 

addition, the final rule clarifies 

definitions as necessary or revises them 

to be consistent with other parts of the 

Commission’s regulations. The final rule 

does not substantively impact the 

information collected pursuant to part 

525. 

Executive Order 12988 (Civil Justice 

Reform) 

This rule meets the applicable 

standards in E.O. 12988 titled, ‘‘Civil 

Justice Reform,’’ to minimize litigation, 

eliminate ambiguity, and reduce 

burden. Section 3(b) of E.O. 12988 

requires agencies to make every 

reasonable effort to ensure that each 

new regulation: (1) Clearly specifies the 

preemptive effect; (2) clearly specifies 

the effect on existing Federal law or 

regulation; (3) provides a clear legal 

standard for affected conduct, while 

promoting simplification and burden 

reduction; (4) clearly specifies the 

retroactive effect, if any; (5) adequately 

defines key terms; and (6) addresses 

other important issues affecting clarity 

and general draftsmanship under any 

guidelines issued by the Attorney 

General. This document is consistent 

with that requirement. 

Regulation Identifier Number 

The Commission assigns a regulation 

identifier number (RIN) to each 

regulatory action listed in the Unified 

Agenda of Federal Regulatory and 

Deregulatory Actions (Unified Agenda). 

The Regulatory Information Service 

Center publishes the Unified Agenda in 

April and October of each year. You 

may use the RIN contained in the 

heading at the beginning of this 

document to find this action in the 

Unified Agenda, at http://

www.reginfo.gov/public/do/ 

eAgendaMain. 

List of Subjects in 46 CFR Part 525 

Marine Terminal Operator Schedules. 

For the reasons set forth above, the 

Federal Maritime Commission is 

amending 46 CFR part 525 as follows: 


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Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Rules and Regulations 15125 

PART 525—MARINE TERMINAL 

OPERATOR SCHEDULES 

■ 1. The authority citation for part 525 

continues to read as follows: 

Authority: 46 U.S.C. 40102, 40501, 41101– 

41106. 

■ 2. Amend § 525.1 by: 

■ a. Revising paragraphs (a) and (c)(1), 

(2), (7), (8), (13), (18), and (19); 

■ b. Redesignating paragraphs (c)(21) 

through (23) as paragraphs (c)(22) 

through (24); and 

■ c. Adding a new paragraph (c)(21). 

The revisions and addition read as 

follows: 

§ 525.1 Purpose and scope. 

(a) Purpose. This part implements the 

Shipping Act of 1984, as amended (46 

U.S.C. 40101–41309). The requirements 

of this part are necessary to enable the 

Commission to meet its responsibilities 

with regard to identifying and 

preventing unreasonable preference or 

prejudice and unjust discrimination 

pursuant to section 10 of the Act (46 

U.S.C. 41101–41106). 

* * * * * 

(c) * * * 

(1) Act means the Shipping Act of 

1984, as amended. 

(2) Bulk cargo means cargo that is 

loaded and carried in bulk without mark 

or count, in a loose unpackaged form, 

having homogenous characteristics. 

Bulk containerized cargo tendered by 

the shipper is subject to mark and count 

and is, therefore, subject to the 

requirements of this part. 

* * * * * 

(7) Expiration date means the last day 

after which the entire schedule or a 

single element of the schedule, is no 

longer in effect. 

(8) Forest products means forest 

products including, but not limited to, 

lumber in bundles, rough timber, ties, 

poles, piling, laminated beams, bundled 

siding, bundled plywood, bundled core 

stock or veneers, bundled particle or 

fiber boards, bundled hardwood, wood 

pulp in rolls, wood pulp in unitized 

bales, paper and paper board in rolls or 

in pallet or skid-sized sheets, liquid or 

granular by-products derived from 

pulping and papermaking, and 

engineered wood products. 

* * * * * 

(13) Marine terminal operator means 

a person engaged in the United States in 

the business of providing wharfage, 

dock, warehouse or other terminal 

facilities in connection with a common 

carrier, or in connection with a common 

carrier and a water carrier subject to 

Subchapter II of Chapter 135 of Title 49, 

United States Code. A marine terminal 

operator includes, but is not limited to, 

terminals owned or operated by states 

and their political subdivisions; 

railroads who perform port terminal 

services not covered by their line haul 

rates; common carriers who perform 

port terminal services; and 

warehousemen who operate port 

terminal facilities. For the purposes of 

this part, marine terminal operator 

includes conferences of marine terminal 

operators. This term does not include 

shippers or consignees who exclusively 

provide their own marine terminal 

facilities in connection with tendering 

or receiving proprietary cargo from a 

common carrier or water carrier. 

* * * * * 

(18) Terminal facilities means one or 

more structures comprising a terminal 

unit, which include, but are not limited 

to docks, berths, piers, aprons, wharves, 

warehouses, covered and/or open 

storage spaces, cold storage plants, 

cranes, grain elevators and/or bulk cargo 

loading and/or unloading structures, 

landings, and receiving stations, used 

for the transmission, care and 

convenience of cargo and/or passengers 

in the interchange of same between land 

and ocean common carriers or between 

two ocean common carriers. 

* * * * * 

(21) United States means the States of 

the United States, the District of 

Columbia, Guam, Puerto Rico, the 

Virgin Islands, American Samoa, the 

Northern Mariana Islands, and any other 

territory or possession of the United 

States. 

* * * * * 

■ 3. Amend § 525.3 by revising 

paragraphs (b) through (e) to read as 

follows: 

§ 525.3 Availability of marine terminal 

operator schedules. 

* * * * * 

(b) Access to electronically published 

schedules. Marine terminal operators 

shall provide access to their terminal 

schedules via the internet. 

(c) Internet connection. (1) The 

internet connection requires that 

systems provide a uniform resource 

locator (URL) internet address (e.g., 

http://www.tariffsrus.com or http://

1.2.3.4). 

(2) Marine terminal operators shall 

ensure that their internet service 

providers provide static internet 

addresses. 

(d) Notification. Each marine terminal 

operator shall notify the Commission’s 

Bureau of Trade Analysis (BTA), prior 

to the commencement of marine 

terminal operations, of its organization 

name, home office address, contact 

information for its representative, the 

location of its terminal schedule(s), and 

the publisher, if any, used to maintain 

its terminal schedule, by electronically 

submitting Form FMC–1 via the 

Commission’s website at www.fmc.gov. 

Any changes to the above information 

shall be immediately transmitted to 

BTA within 30 calendar days. BTA has 

the authority to accept submitted Form 

FMC–1 filings and revisions. Form 

FMC–1 filings are pending until 

accepted. The Commission will publish, 

on its website, the location of any 

terminal schedule made available to the 

public. 

(e) Form and manner. A marine 

terminal operator may make available to 

the public a schedule of rates, 

regulations, and practices, including 

limitations of liability for cargo loss or 

damage, pertaining to receiving, 

delivering, handling, or storing property 

at its marine terminal. Any such 

schedule made available to the public is 

enforceable by an appropriate court as 

an implied contract without proof of 

actual knowledge of its provisions. Each 

terminal schedule made available by a 

marine terminal operator shall contain 

an individual identification number, 

effective date, expiration date, if any, 

and the terminal schedule in full text 

and/or data format showing the relevant 

rates, charges, and regulations relating 

to or connected with the receiving, 

handling, storing, and/or delivering of 

property at its terminal facilities. 

* * * * * 

By the Commission. 

William Cody, 

Secretary. 

[FR Doc. 2022–05512 Filed 3–16–22; 8:45 am] 

BILLING CODE 6730–02–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 540 

[Docket No. 20–15] 

RIN 3072–AC82 

Passenger Vessel Financial 

Responsibility 

AGENCY: Federal Maritime Commission 

ACTION: Final rule. 

SUMMARY: The Federal Maritime 

Commission (Commission) is issuing 

this final rule to adopt regulatory 

changes to its passenger vessel operator 

financial responsibility requirements. 

The Commission is defining when 

nonperformance of transportation has 

occurred and establishing uniform 


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