Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Proposed Rules 52627 

fennel, Florence, fresh leaves and stalk 

at 20 ppm; kohlrabi at 4 ppm; leafy 

greens subgroup 4–16A at 40 ppm; leaf 

petiole vegetable subgroup 22B at 20 

ppm; papaya at 1.5 ppm; peppermint, 

dried leaves at 0.8 ppm; peppermint, 

fresh leaves at 0.6 ppm; spearmint, 

dried leaves at 0.8 ppm; spearmint, 

fresh leaves at 0.6 ppm; spice group 26 

at 70 ppm; and vegetable, brassica, head 

and stem, group 5–16 at 4 ppm; 

individual commodities of proposed 

crop subgroup 6–18A; edible podded 

bean legume vegetable subgroup at 4 

ppm including: Asparagus bean, edible 

podded; catjang bean, edible podded; 

Chinese longbean, edible podded; 

cowpea, edible podded; French bean, 

edible podded; garden bean, edible 

podded; goa bean, edible podded; green 

bean, edible podded; guar bean, edible 

podded; jackbean, edible podded; 

kidney bean, edible podded; lablab 

bean, edible podded; moth bean, edible 

podded; mung bean, edible podded; 

navy bean, edible podded; rice bean, 

edible podded; scarlet runner bean, 

edible podded; snap bean, edible 

podded; sword bean, edible podded; urd 

bean, edible podded; vegetable soybean, 

edible podded; velvet bean, edible 

podded; wax bean, edible podded; 

winged pea, edible podded; and 

yardlong bean, edible podded; 

individual commodities of proposed 

crop subgroup 6–18B; edible podded 

pea legume vegetable subgroup at 4 ppm 

including: Chickpea, edible podded; 

dwarf pea, edible podded; edible 

podded pea; grass-pea, edible podded; 

green pea, edible podded; lentil, edible 

podded; pigeon pea, edible podded; 

snap pea, edible podded; snow pea, 

edible podded; and sugar snap pea, 

edible podded; individual commodities 

of proposed crop subgroup 6–18C: 

Succulent shelled bean subgroup at 0.2 

ppm including: Andean lupin, 

succulent shelled; blackeyed pea, 

succulent shelled; blue lupin, succulent 

shelled; broad bean, succulent shelled; 

catjang bean, succulent shelled; cowpea, 

succulent shelled; crowder pea, 

succulent shelled; goa bean, succulent 

shelled; grain lupin, succulent shelled; 

jackbean, succulent shelled; lablab bean, 

succulent shelled; lima bean, succulent 

shelled; moth bean, succulent shelled; 

scarlet runner bean, succulent shelled; 

southern pea, succulent shelled; sweet 

lupin, succulent shelled; vegetable 

soybean, succulent shelled; velvet bean, 

succulent shelled; wax bean, succulent 

shelled; white lupin, succulent shelled; 

white sweet lupin, succulent shelled; 

and yellow lupin, succulent shelled; 

individual commodities of proposed 

crop subgroup 6–18D: Succulent shelled 

pea subgroup at 0.2 ppm including: 

Chickpea, succulent shelled; English 

pea, succulent shelled; garden pea, 

succulent shelled; green pea, succulent 

shelled; lentil, succulent shelled; and 

pigeon pea, succulent shelled; and 

individual commodities of proposed 

crop subgroup 6–18E: Dried shelled 

bean, except soybean, subgroup at 0.7 

ppm including: Adzuki bean, dry seed; 

African yam-bean, dry seed; American 

potato bean, dry seed; Andean lupin 

bean, dry seed; asparagus bean, dry 

seed; black bean, dry seed; blackeyed 

pea, dry seed; blue lupin bean, dry seed; 

broad bean, dry seed; catjang bean, dry 

seed; Chinese longbean, dry seed; 

cowpea, dry seed; cranberry bean, dry 

seed; crowder pea, dry seed; dry bean, 

dry seed; field bean, dry seed; French 

bean, dry seed; garden bean, dry seed; 

goa bean, dry seed; grain lupin bean, dry 

seed; great northern bean, dry seed; 

green bean, dry seed; guar bean, dry 

seed; horse gram, dry seed; jackbean, 

dry seed; kidney bean, dry seed; lablab 

bean, dry seed; lima bean, dry seed; 

morama bean, dry seed; moth bean, dry 

seed; mung bean, dry seed; navy bean, 

dry seed; pink bean, dry seed; pinto 

bean, dry seed; red bean, dry seed; rice 

bean, dry seed; scarlet runner bean, dry 

seed; southern pea, dry seed; sweet 

lupin bean, dry seed; sword bean, dry 

seed; tepary bean, dry seed; urd bean, 

dry seed; vegetable soybean, dry seed; 

velvet bean, seed, dry seed; white lupin 

bean, dry seed; white sweet lupin bean, 

dry seed; winged pea, dry seed; 

yardlong bean, dry seed; yellow bean, 

dry seed; and yellow lupin bean, dry 

seed. The multiresidue method (DFG 

Method S19) is the method used to 

measure and evaluate the residues of 

fluopyram. Contact: RD. 

4. PP 1F8914. (EPA–HQ–OPP–2021– 

0417). Syngenta Crop Protection, LLC, 

P.O. Box 18300 Greensboro, NC 27419– 

8300, requests to establish a tolerance in 

40 CFR part 180 for residues of the 

fungicide, benzovindiflupyr in or on 

vegetable, root, except sugar beet, 

subgroup 1B, except ginseng at 0.4 ppm. 

The analytical methods GRM042.03A, 

GRM042.04A, and GRM042.08A are 

used to measure and evaluate the 

chemical benzovindiflupyr and its 

metabolites. Contact: RD. 

5. PP 9E8819. (EPA–HQ–OPP–2020– 

0050). Bayer CropScience LP, 800 N. 

Lindbergh Blvd., St. Louis, MO 263167 

requests to establish a tolerance in 40 

CFR part 180.589 for residues of the 

fungicide propamocarb hydrochloride 

in or on Onion, bulb, Crop subgroup 3– 

07A at 2 ppm, leek at 30 ppm, and kale 

at 20 ppm. Analytical methods gas/ 

liquid chromatography and N–FID or 

MSD are used to measure anc evaluate 

the chemical propamocarb 

hydrochloride. Contact: RD. 

Authority: 21 U.S.C. 346a. 

Dated: September 13, 2021. 

Delores Barber, 

Director, Information Technology and 

Resources Management Division, Office of 

Program Support. 

[FR Doc. 2021–20431 Filed 9–21–21; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 525 

[Docket No. 21–06] 

RIN 3072–AC87 

Marine Terminal Operator Schedules 

AGENCY: Federal Maritime Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Federal Maritime 

Commission (FMC) proposes to 

modernize outdated requirements and 

clarify existing requirements associated 

with the filing of marine terminal 

operator (MTO) schedules. 

DATES: Submit comments on or before 

November 22, 2021. 

In compliance with the Paperwork 

Reduction Act (PRA), the Commission is 

also seeking comment on revisions to an 

information collection. See the 

Paperwork Reduction Act section under 

Rulemaking Analyses and Notices 

below. Please submit all comments 

relating to the revised information 

collection requirements to the FMC and 

to the Office of Management and Budget 

(OMB) at the address listed below under 

ADDRESSES on or before November 22, 

2021. Comments to OMB are most 

useful if submitted within 30 days after 

publication. 

ADDRESSES: You may submit comments, 

identified by Docket No. 21–06, by 

emailing secretary@fmc.gov. For 

comments, include in the subject line: 

‘‘Docket No. 21–06, Comments on 

Marine Terminal Operator Schedules 

Rulemaking.’’ Comments should be 

attached to the email as a Microsoft 

Word or text-searchable PDF document. 

Comments regarding the proposed 

revisions to the relevant information 

collection should be submitted to the 

FMC through the method above and a 

copy should also be sent to the Office 

of Information and Regulatory Affairs, 

Office of Management and Budget, 

Attention: Desk Officer for Federal 

Maritime Commission, 725 17th Street 

NW, Washington, DC 20503; by fax: 

(202) 395–5167; or by email: OIRA_

Submission@OMB.EOP.GOV. 

52628 Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Proposed Rules 

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/21-06/. 

FOR FURTHER INFORMATION CONTACT: 

Rachel E. Dickon, Secretary; Phone: 

(202) 523–5725; Email: secretary@

fmc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

Regulations for the publication of 

terminal schedules by MTOs are set 

forth in 46 CFR part 525. Information 

made available under this part may be 

used to determine MTOs’ compliance 

with shipping statutes and regulations. 

II. Background 

Rules regarding MTO schedules are 

outlined in 46 CFR part 525. The 

regulations are limited to the optional 

publication of MTO schedules. Pursuant 

to part 525, a marine terminal operator, 

at its discretion, may make available to 

the public, subject to section 10(d) of 

the Shipping Act (46 U.S.C. 41102(c), 

41103, 41106), a schedule of its rates, 

regulations, and practices. Part 525 also 

discusses the rules with respect to 

making terminal schedules available to 

the public. These regulations were 

scheduled to be reviewed in Fiscal Year 

2020. The Commission proposes several 

changes to these regulations that are 

neither substantial nor policy related. 

Some provisions reference old names of 

a current Commission bureau or 

outdated technology used to gain access 

to MTO schedules. Other provisions 

have been clarified as deemed necessary 

or revised to be consistent with other 

parts of the Commission’s regulations. 

III. Discussion of Proposed Changes 

As discussed above, the proposed 

changes are non-policy related and the 

intent is 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. 

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 adds clarifying 

language to the definition of ‘‘bulk 

cargo’’ to show 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 amends the 

definition of ‘‘forest products’’ to correct 

a typographical error. 

In addition, the proposed rule revises 

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 adds 

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 amends 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.’’ 

The proposed rule also introduces 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 renumbers 

paragraphs 525.1(c)(21) to (23) to be 

paragraphs 525.1(c)(22) to (24). 

Additionally, the proposed rule revises 

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.’’ 

Section 525.2. The proposed rule does 

not revise section 525.2, Terminal 

Schedules. 

Section 525.3. With respect to part 

525.3, Availability of marine terminal 

operator schedules, the proposed rule 

strikes outdated and unnecessary 

language relating to accessing 

electronically published MTO 

schedules. The proposed rule deletes 

the terms ‘‘personal computer (PC),’’ 

‘‘dial-up connection,’’ ‘‘the internet,’’ 

‘‘Web browser,’’ ‘‘Telnet session,’’ 

‘‘modem,’’ and any further definition or 

technical requirements relating to these 

terms. The proposed language also 

amends the term ‘‘URL’’ to mean 

‘‘uniform resource locator.’’ The 

proposed rule deletes current 

paragraphs 525.3(c) and (e) regarding 

dial-up connection requirements and 

the Commission access as the 

technologies referenced in those 

paragraphs are obsolete. 

With the deletion of specific 

paragraphs as discussed above, the 

proposed rule renumbers 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 

replaces ‘‘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 clarifies 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). 

Section 525.4. The proposed rule does 

not revise section 525.4. 

IV. Public Participation 

How do I prepare and submit 

comments? 

Your comments must be written and 

in English. To ensure that your 

comments are correctly filed in the 

docket, please include the docket 

number of this document in your 

comments. 

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. 

How do I submit confidential business 

information? 

The Commission will provide 

confidential treatment for identified 

confidential information to the extent 

Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Proposed Rules 52629 

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. 

• 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. 

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 at the 

addresses listed above under 

ADDRESSES. 

V. Regulatory Notices and Analysis 

Regulatory Flexibility Act 

The Regulatory Flexibility Act 

(codified as amended at 5 U.S.C. 601– 

612) provides that whenever an agency 

is 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 

an initial regulatory flexibility analysis 

(IRFA) describing the impact of the 

proposed 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. 603, 

605. Based on the analysis below, the 

Chairman of the Federal Maritime 

Commission certifies that this proposed 

rule will not have a significant 

economic 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 

The National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321– 

4347) requires Federal agencies to 

consider the environmental impacts of 

proposed major Federal actions 

significantly affecting the quality of the 

human environment, as well as the 

impacts of alternatives to the proposed 

action. When a Federal agency prepares 

an environmental assessment, the 

Council on Environmental Quality 

(CEQ) NEPA implementing regulations 

(40 CFR parts 1500 through 1508) 

require it to ‘‘include brief discussions 

of the need for the proposal, of 

alternatives [. . .], of the environmental 

impacts of the proposed action and 

alternatives, and a listing of agencies 

and persons consulted.’’ 40 CFR 

1508.9(b). This section serves as the 

Commission’s Draft Environmental 

Assessment (Draft EA) for the proposed 

changes to 46 CFR part 525. 

This document sets forth the purpose 

of and need for this action. The purpose 

of this rulemaking is to modernize 

outdated requirements and clarify 

existing requirements associated with 

the filing of MTO schedules. The 

recommended changes are non-policy 

related and the intent is limited to 

modernizing outdated requirements and 

clarifying existing requirements and 

definitions to make them consistent 

with other parts of the Commission’s 

regulations. 

The Commission has reviewed the 

information presented in this Draft EA 

and concludes that the proposed action 

and alternatives it may consider would 

have nothing more than de minimis 

impacts on the quality of the human 

environment. Based on the information 

in this Draft EA and assuming no 

additional information or changed 

circumstances, the Commission expects 

to issue a Finding of No Significant 

Impact (FONSI). Such a finding will be 

made only after careful review of all 

public comments received. A Final EA 

and a FONSI, if appropriate, will be 

issued as part of the final rule. 

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 associated with the marine 

terminal operator schedules 

requirements in part 525 are currently 

authorized under OMB Control Number 

3072–0061. The proposed rule does not 

make any changes to the option for 

MTOs to file MTO schedules with the 

Commission. 

In compliance with the PRA, the 

Commission has submitted the 

proposed revised information collection 

to the Office of Management and Budget 

and is requesting comment on the 

proposed revision. 

Title: 46 CFR part 525—Marine 

Terminal Operator Schedules and 

Related Form FMC–1. 

OMB Control Number: 3072–0061 

(Expires April 30, 2024). 

Abstract: 46 U.S.C. 40501(f) provides 

that a marine terminal operator (MTO) 

may make available to the public a 

schedule of its 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. The Commission’s 

rules governing MTO schedules are set 

forth at 46 CFR part 525. 

Current Actions: The proposed rule 

would modernize outdated 

requirements and clarify existing 

requirements associated with the filing 

of MTO schedules. 

Type of Review: Revision of a 

previously approved collection. 

Needs and Uses: The Commission 

uses information obtained from Form 

FMC–1 to determine the organization 

name, organization number, home office 

address, name and telephone number of 

the firm’s representatives and the 

location of MTO schedules of rates, 

regulations and practices, and 

publisher, should the MTOs determine 

to make their schedules available to the 

public, as set forth in section 8(f) of the 

Shipping Act. 

Frequency: This information is 

collected prior to an MTO’s 

commencement of its marine terminal 

operations. 

Type of Respondents: Persons 

operating as MTOs. 

52630 Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Proposed Rules 

Number of Annual Respondents: The 

Commission estimates the respondent 

universe at 20, of which 10 opt to make 

their schedules available to the public. 

Estimated Time per Response: The 

time per response for completing Form 

FMC–1 averages 0.5 person-hours, and 

approximately 5 person-hours for 

related MTO schedules. 

Total Annual Burden: The 

Commission estimates the total annual 

person-hour burden at 60 person-hours. 

Comments are invited on: 

• Whether the collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information will have practical utility; 

• Whether the Commission’s estimate 

for the burden of the information 

collection is accurate; 

• Ways to enhance the quality, utility, 

and clarity of the information to be 

collected; 

• Ways to minimize the burden of the 

collection of information on 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

Please submit any comments, 

identified by the docket number in the 

heading of this document, by the 

methods described in the ADDRESSES

section of this document. 

Executive Order 12988 (Civil Justice 

Reform) 

This proposed 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, available 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 

proposing to amend 46 CFR part 525 as 

follows: 

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), and (18); 

■ 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 datemeans 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 

Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Proposed Rules 52631 

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 shall 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. 

Rachel E. Dickon, 

Secretary. 

[FR Doc. 2021–18878 Filed 9–21–21; 8:45 am] 

BILLING CODE 6730–02–P