[Federal Register Volume 77, Number 167 (Tuesday, August 28, 2012)]
[Rules and Regulations]
[Pages 51935-51939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21095]


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FEDERAL MARITIME COMMISSION

46 CFR Part 515

[Docket No. 11-09]
RIN 3072-AC46


Adjustment of the Amount for the Optional Bond Rider for Proof of 
NVOCC Financial Responsibility for Trade With the People's Republic of 
China

AGENCY: Federal Maritime Commission.

ACTION: Final rule.

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SUMMARY: The Federal Maritime Commission amends its rules regarding the 
amount of bond coverage on the optional China Bond Rider for Non-
Vessel-Operating Common Carriers (NVOCCs). The final rule is intended 
to provide NVOCCs with the ability to post a bond with the Commission 
that satisfies the equivalent of 800,000 Chinese Renminbi, for which 
the equivalent U.S. Dollar amount has fluctuated since the regulation 
was first adopted by the Commission.

DATES: The final rule is effective November 23, 2012.

FOR FURTHER INFORMATION CONTACT: Karen V. Gregory, Secretary, Federal 
Maritime Commission, 800 North Capitol Street NW., Washington, DC 
20573-0001, Phone: (202) 523-5725; Rebecca A. Fenneman, General 
Counsel, Federal Maritime Commission, 800 North Capitol Street NW., 
Washington, DC 20573-0001, Phone: (202) 523-5740, [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Under a Memorandum of Consultations pursuant to the 2003 bilateral 
Maritime Agreement between the United States and the People's Republic 
of China (China or the PRC), the PRC does not require U.S. Non-Vessel-
Operating Common Carriers (NVOCCs) to make a cash deposit in a Chinese 
bank as would otherwise be required by Chinese regulations, so long as 
the NVOCC:
    (1) Is a legal person registered by U.S. authorities;
    (2) obtains an FMC license as an NVOCC; and
    (3) provides evidence of financial responsibility in the total 
amount of Chinese Renminbi (RMB) 800,000 or U.S. $96,000.
    An FMC-licensed U.S. NVOCC that voluntarily provides an additional 
surety bond in the amount of $21,000 (denominated in U.S. Dollars or 
Chinese Renminbi), which by its conditions is available for potential 
claims of the Ministry of Transport (MOT) of the PRC (as well as other 
Chinese agencies) for violations of the Chinese Regulations on 
International Maritime Transportation, may register in the PRC without 
paying the cash deposit otherwise required by Chinese law and 
regulation.
    In 2004, the Commission issued a Notice of Proposed Rulemaking 
(NPR) to explore mechanisms for NVOCCs to file proof of such additional 
financial responsibility. See 69 FR 4271 (January 29, 2004). On April 
1, 2004, the Commission issued a final rule that amended its 
regulations governing proof of financial responsibility for ocean 
transportation intermediaries to allow an optional bond rider to be 
filed with a licensed NVOCC's proof of financial responsibility to 
provide additional proof of financial responsibility for such carriers 
serving the U.S. oceanborne trade with the PRC. Docket No. 04-02, 
Optional Rider for Proof of Additional NVOCC Financial Responsibility, 
30 S.R.R. 179 (2004).
    On April 15, 2011, the Commission received a communication from the 
Maritime Administration of the U.S. Department of Transportation, 
transmitting a request from the MOT to revise the Commission's 
regulations at Appendix E to Subpart C of Part 515--

[[Page 51936]]

Optional Rider for Additional NVOCC Financial Responsibility (Optional 
Rider to Form FMC 48) [Form 48A] (China Bond Rider). MOT requested that 
the Commission review its regulations set forth in 46 CFR Part 515. MOT 
asserted that the exchange rate between the U.S. Dollar ($) and the 
Renminbi (RMB) has risen from 1:8.276 in 2003 to 1:6.536 at present, an 
increase of approximately 21.02%. Consequently, MOT asserted, the 
amount of $96,000 is inadequate to meet 800,000 RMB at the current 
exchange rate. Specifically, MOT requested that the regulation be 
revised to include a provision that would allow for adjustments to the 
U.S. Dollar amount required in a NVOCC optional Bond Rider covering 
transportation activities in the U.S./China trades when the U.S. Dollar 
and the Renminbi exchange rate fluctuates 20% higher or lower than that 
of the last adjustment. MOT also proposed that the adjustment be 
jointly approved by the U.S. and the PRC at the bilateral maritime 
consultative meeting of the same year. Finally, if this proposal is 
adopted, the MOT also proposed that the existing total required bond 
amount of U.S. $96,000 be increased to U.S. $122,000, which, MOT 
asserted, is the equivalent amount of 800,000 RMB at the present 
exchange rate.

Comments in Response to the Notice of Inquiry

    The Commission issued a Notice of Inquiry (NOI) soliciting public 
commentary on the proposal on June 10, 2011. The NOI sought general 
comments on the optional China Bond Rider, and also presented three 
questions for particular study:

    1. Describe how, and to what extent, the optional rider to the 
required NVOCC bond has impacted your company's business operations? 
Does this make for more certainty in your business operation? Has 
the optional rider to the required NVOCC bond impacted your overall 
business costs? If so, how?
    2. What do you see as the advantages and disadvantages of an 
adjustment to the current optional rider to the required NVOCC bond?
    3. Please explain whether, and if so, how significantly your 
business costs/operations would be affected by a provision that 
allows for adjustments to the U.S. Dollar amount required in a NVOCC 
optional China bond rider when the USD (U.S. Dollar) and the RMB 
(Renminbi) exchange rate fluctuates 20% higher or lower.

The Commission received three comments, summarized below.
    Econocaribe Consolidators: John Abisch, the President of 
Econocaribe, did not appear to oppose the suggestion that the China 
Bond Rider be increased to cover currency valuations. Instead, the 
comment focused on the effect of the China Bond Rider and other rider 
requirements imposed on bondholders, such as the requirement that 
NVOCC's obtain an additional $10,000 in bond coverage for each branch 
office. Econocaribe noted that if a bondholder has five additional 
branch offices, the total coverage would be $125,000 ($75,000 base plus 
$50,000 for five branch offices). Econocaribe stated that ``[i]f the 
FMC can get the [Chinese Government] to `count' the entire bond 
currently posted, including the amount of the bond posted for the 
branch offices, even with the [Chinese Government] increasing the bond 
requirement, this would actually have a slight reduction in the cost of 
the bond[.]''
    Mohawk Global Logistics: Richard J. Roche submitted comments on 
behalf of Mohawk Global Logistics. Mohawk believes that the optional 
rider method of conducting business is ``a fair and equitable'' 
solution to the alternative of posting a cash bond in China. Mohawk 
prefers bond coverage to cash deposit because it allows Mohawk to 
``expand [its] offering in China without having to make a significant 
investment of cash.'' Similarly, Mohawk understands currency 
fluctuations, and ``agree[s] that an increase in demonstrated bond 
coverage is warranted due to the lower value of the U.S. dollar 
today.'' Mohawk did not identify disadvantages to the increase, other 
than the minor administrative burden of possibly prorating bonds in 
effect, addressing different bond premium dates, and the incremental 
increase in the cost of the China Bond Rider coverage. These 
disadvantages would be multiplied if the Commission added an automatic 
trigger based on a currency fluctuation of a defined percentage. If 
currencies fluctuated rapidly or drastically, it could cause additional 
administrative burdens on bondholders. Mohawk did not see this outcome 
as likely, and believed that an automatic trigger for additional 
coverage could prove workable. Mohawk also agreed with Econocaribe that 
many bondholders already demonstrate 800,000 RMB worth of coverage if 
one includes the aggregate amount posted for branch offices. In 
Mohawk's view:

    A more reasonable approach might be for China to determine the 
exchange value to be assigned in a given 12 month period, and allow 
NVOCC's to offset the bond coverage based on total bond value, 
adding any additional coverage as might be required to make up any 
shortfall not already covered by multiple branch offices. This would 
limit the bond transactions significantly, while providing 
simplicity and stability for all involved.

    National Customs Brokers and Forwarders Association (NCBFAA): The 
NCBFAA notes in its comments the history of the China Bond rider 
provision, and the role that the NCBFAA played in Docket No. 04-02, 
Optional Bond Rider for Proof of Additional NVOCC Financial 
Responsibility. Like Mohawk, the NCBFAA believes that the China Bond 
Rider has been ``extremely successful,'' and has allowed U.S. companies 
to provide services in China that might otherwise be difficult if the 
companies were required to post cash with the Chinese Government. 
Though U.S.-licensed NVOCCs must register in China in order to conduct 
business, NCBFAA indicates that the process ``has not been unduly 
onerous,'' and ``has not heretofore unduly increased operating costs.''
    The NCBFAA also accepts that the respective currencies have 
fluctuated, and some justification exists for the Chinese Government's 
request to increase the amount of the optional Bond Rider. 
Additionally, although the NCBFAA does not object to the Commission's 
consideration of an optional Bond Rider adjustment any time the 
currency values fluctuate more than 20%, it does not believe that an 
automatic adjustment ``is necessary or appropriate.'' The NCBFAA also 
echoes the beliefs of Mohawk and Econocaribe that many NVOCCs already 
have an aggregate coverage of greater than $125,000 (which would 
surpass the adjusted optional China Bond Rider amount of $122,000). If 
the Chinese Government assented, NCBFAA posits that allowing the NVOCCs 
to count all bond coverage might actually decrease the cost for many 
U.S.-licensed NVOCCs who do business in China. The NCBFAA looks to the 
Annex to the 2003 Bilateral Maritime Agreement for support, noting that 
it did not require a Bond Rider of a certain amount, but instead 
required evidence of financial responsibility of a certain total amount 
($96,000). The Agreement left open how that total may be satisfied. The 
NCBFAA thus suggests that the Commission seek the Chinese Government's 
assent to accepting a total bond amount in addition to a Bond Rider in 
satisfying the $122,000 amount. Each NVOCC could thus determine whether 
it was more cost effective to procure a Bond Rider, or simply rely on 
its aggregate coverage amount that exceeded $122,000. This would reduce 
operating costs for some NVOCCs, but would still maintain adequate 
coverage.

[[Page 51937]]

Comments in Response to the Notice of Proposed Rulemaking

    The Commission also issued a Notice of Proposed Rulemaking (NPR) 
soliciting public commentary on the proposal on January 5, 2012. The 
NPR sought general comments on the optional China Bond Rider and on the 
proposed rulemaking. The proposed rule amended Appendix F to Subpart C 
of Part 515 (group bonds) to increase the amount specified from $21,000 
to $50,000. In response to the comments the Commission received from 
the Notice of Inquiry from June 10, 2012, the proposed rule amended 
Appendix E to Subpart C of Part 515 (individual NVOCC bonds) to remove 
pre-specified rider amounts to account for variances in NVOCCs' 
combined total surety levels maintained to meet the Commission's other 
financial responsibility requirements, including $10,000 in bond 
coverage that NVOCCs maintain for each of their branch offices pursuant 
to 46 CFR 515.21(a)(4). This recognition means that NVOCCs with branch 
offices may have rider amounts that vary to satisfy the level of 
coverage requested by the PRC, so long as their total coverage equals 
$125,000. The Commission sought comments particularly on the 
feasibility of these proposed revisions.
    Carla Leung: Leung submitted a brief comment expressing significant 
concern as a small business owner affected by the regulation change. 
Her comments addressed the increased costs the proposed rulemaking 
might impose on small businesses in the industry and the ability to 
stay in business during these difficult financial times. Leung 
expressed concern that her business may not be able to sustain the 
increased costs.
    Roanoke Trade: Matthew L. Zehner, Vice President of Surety 
Information & Communication for Roanoke Trade Services, Inc. (Roanoke), 
submitted comment as an insurance broker who provides surety bond 
products, such as the Chinese Bond Rider, to Ocean Transportation 
Intermediaries (OTIs). Zehner expressed Roanoke's support for the 
proposed changes as they represented the continuation of a regime that 
allows OTIs to ``relatively easily'' satisfy ``certain financial 
responsibilities and obligations required'' by the People's Republic of 
China. Support was also registered for leaving blank spaces in the 
rider form in order to allow flexibility for varying business 
structures.
    Zehner did express concern regarding the timing of implementation 
as riders can generally only be altered or added in accord with ``the 
underlying bond's anniversary cycle.'' Roanoke proposes a 12-month 
phase-in period in order to limit the impact of immediate compliance on 
the industry and FMC resources. Alternatively, Roanoke would request at 
least 90 days notice prior to the regulation taking effect as to allow 
time for proper processing of bonding alterations.
    Roanoke also sought ``additional clarity or guidance'' regarding 
how to represent bond amounts in paragraphs 1.a. and 1.c. of FMC Form 
48A when bonded U.S. office locations are involved.
    FedEx Trade Networks Transport & Brokerage, Inc.: As a ``large 
freight forwarder and non-vessel operating common carrier licensed by 
the FMC,'' FedEx Trade Networks Transport & Brokerage, Inc. (Fedex 
Trade Networks) registered support for the proposed rulemaking 
modification. Fedex Trade Networks finds the increased bond requirement 
a reasonable request by the Chinese Ministry. The comment highlighted 
the benefit to U.S. NVOCCs of using bonds to satisfy Chinese 
regulations rather than necessarily operating directly with a Chinese 
bank.
    Likewise, the comment ``strongly endorses'' FMC proposals to allow 
bond amounts to be aggregated. Fedex Trade Networks explains: 
``Allowing NVOCCs to meet the increased bond requirement by maintaining 
a bond of at least $125,000.00 would both fully satisfy the terms of 
the U.S.-China agreement and be more cost effective and efficient.''

Final Rule

    In the 2003 Memorandum of Consultations between the U.S. and China, 
it was agreed that U.S. NVOCCs operating in the China trade would 
provide ``evidence of financial responsibility in the total amount of 
Chinese Renminbi (RMB) 800,000 or U.S. $96,000.'' The Memorandum of 
Consultations specifies amounts in both Chinese and United States 
currency, and did not provide for adjustment in exchange rates. 
Nevertheless, in recognition of the recent slight improvement in the 
value of the RMB against the U.S. Dollar (and in a spirit of comity and 
in conformity with Executive Order 13609, Promoting International 
Regulatory Cooperation) the Commission adjusts its optional China Bond 
Rider so that total NVOCC financial responsibility will equal 800,000 
RMB under current exchange rates. The Commission acknowledges that the 
majority of the submitted comments see value in maintaining the 
optional China Bond Rider in contrast to any alternative, and 
recognizes the PRC's justification for adjusting the value based on 
exchange rate changes that have taken place since 2004. Therefore, 
based on the generally favorable comments, the Commission now amends 
its regulations in 46 CFR Part 515 to adjust the amount of surety 
available in the optional China Bond Rider provided in Appendices E and 
F to Subpart C of Part 515 (Form FMC-48A, OMB No. 3072-0018), and 
provide a method for NVOCCs to demonstrate financial responsibility by 
aggregating the total bond coverage for all bonds.
    The rule amends Appendix F to Subpart C of Part 515 (group bonds) 
to increase the amount specified from $21,000 to $50,000. In response 
to the comments the Commission received, the rule amends Appendix E to 
Subpart C of Part 515 (individual NVOCC bonds) to remove pre-specified 
rider amounts to account for variances in NVOCCs' combined total surety 
levels maintained to meet the Commission's other financial 
responsibility requirements, including $10,000 in bond coverage that 
NVOCCs maintain for each of their branch offices pursuant to 46 CFR 
515.21(a)(4). This recognition means that NVOCCs with branch offices 
may have rider amounts that vary to satisfy the level of coverage 
requested by the PRC, so long as their total coverage equals $125,000.
    The Commission intends to review the value of the total coverage 
provided by the optional China Bond Rider periodically.

Small Business Regulatory Flexibility Threshold Analysis

    Pursuant to 5 U.S.C. 605(b), and in response to comments regarding 
small businesses affected by this optional China Bond Rider, a 
Regulatory Flexibility Threshold Analysis has been performed; it has 
been determined that the final rule will not have a significant 
economic impact on a substantial number of small entities.
    The small entities affected are ocean transportation intermediaries 
(OTIs). In determining whether a significant economic impact would 
occur under the new rule, the first estimate costs of the bond rider 
coverage were assessed. The economic impact of the optional China Bond 
Rider has been estimated to be less than $20 for every $1,000 of bond 
rider coverage, with most estimates being under $15 for every $1,000 of 
bond rider coverage. To that end, $21,000 of bond rider coverage would 
cost approximately $420.00 under this analysis. Given this information, 
it is determined that these first estimate costs are not significant to 
small entities. Uncertainty remains on the

[[Page 51938]]

exact amount the optional China Bond Rider coverage would cost; 
however, this uncertainty is minimized given the fact that over seven 
bond rider coverage estimates were collected from agents in the market.
    To determine whether a substantial number of small entities would 
be affected, the OTI licensing statistics were reviewed. There are 
approximately 3,500 licensed U.S. OTIs that could file for the optional 
China Bond Rider; currently, only 350 OTIs have filed for the available 
optional China Bond Rider. This amounts to less than 10% of the entire 
market that may reasonably participate in the optional bond rider 
program. Based on this data, it is determined that a substantial number 
of small entities will not be affected by this rule.
    It is important to note that the optional China Bond Rider is not 
an FMC-required bond; rather it is an alternative instrument crafted by 
the United States and China to relieve U.S. NVOCCs from the People's 
Republic of China's cash deposit requirement. The rule will not have a 
significant economic impact on a substantial number of small entities 
as outlined by the Regulatory Flexibility Threshold Act.

Certifications and Statutory Reviews

    The Commission certifies this rulemaking because the proposed 
changes establish an optional provision for U.S. licensed NVOCCs, which 
may be used at their discretion. While some of these businesses qualify 
as small entities under the guidelines of the Small Business 
Administration, the rule provides a more cost-effective alternative 
than would otherwise be available to assist U.S. licensed NVOCCs with 
their business endeavors in the PRC. As such, the rule helps to promote 
U.S. business interests in the PRC and facilitate U.S. foreign 
commerce.
    The Chairman of the Commission certifies, pursuant to section 
605(b) of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., that 
the rule will not, if promulgated, have a significant economic impact 
on a substantial number of small entities. The Commission recognizes 
that the majority of businesses that would be affected by this rule 
qualify as small entities under the guidelines of the Small Business 
Administration. The rule, however, would encompass an optional 
provision for U.S. licensed NVOCCs, which may be used at their 
discretion. The rule would not pose an economic detriment to all NVOCCs 
regulated by the Commission. It would only impact those NVOCCs who 
choose to exercise the option, at this date approximately 10% of the 
entire pool of all NVOCCs. Instead of applying to all NVOCCs (a 
majority of which are small entities), it adjusts the favored method of 
demonstrating financial responsibility for those NVOCCs who choose to 
use it. This method of demonstrating financial responsibility 
implements an agreement with the PRC that allows U.S. NVOCCs to avoid 
having to make a large cash deposit in a Chinese bank. As such, the 
rule would help continue to promote U.S. business interests in the PRC 
and facilitate U.S. foreign commerce.
    This rule is not a ``major rule'' under 5 U.S.C. 804(2).
    The collection of information requirements contained in this rule 
have been submitted to the Office of Management and Budget for review 
under section 3504(h) of the Paperwork Reduction Act of 1980, as 
amended. Public reporting burden for this collection of information was 
estimated to be 1.25 hours per response, including time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.

List of Subjects in 46 CFR Part 515

    Freight, Maritime carriers, Non-vessel-operating common carriers.

    For the reasons stated in the supplementary information, the 
Federal Maritime Commission amends 46 CFR Part 515 as follows.

PART 515--LICENSING, FINANCIAL RESPONSIBILITY REQUIREMENTS, AND 
GENERAL DUTIES FOR OCEAN TRANSPORTATION INTERMEDIARIES

0
1. The authority citation for part 515 continues to read as follows:

    Authority:  5 U.S.C. 553; 31 U.S.C. 9701; 46 U.S.C. 305, 40102, 
40104, 40501-40503, 40901-40904, 41101-41109, 41301-41302, 41305-
41307; Pub. L. 105-383, 112 Stat. 3411; 21 U.S.C. 862.


0
2. Revise Appendix E to Subpart C of Part 515 to read as follows:

APPENDIX E TO SUBPART C OF PART 515--OPTIONAL RIDER FOR ADDITIONAL 
NVOCC FINANCIAL RESPONSIBILITY (OPTIONAL RIDER TO FORM FMC-48) [FORM 
48A]

FMC-48A, OMB No. [3072-0018, (04/06/04)]

Optional Rider for Additional NVOCC Financial Responsibility [Optional 
Rider to Form FMC-48]

RIDER

    The undersigned [------------], as Principal and [------------], 
as Surety do hereby agree that the existing Bond No. [--------] to 
the United States of America and filed with the Federal Maritime 
Commission pursuant to section 19 of the Shipping Act of 1984 is 
modified as follows:
    1. The following condition is added to this Bond:
    a. An additional condition of this Bond is that $---------- 
(payable in U.S. Dollars or Renminbi Yuan at the option of the 
Surety) shall be available to pay any fines and penalties for 
activities in the U.S.-China trades imposed by the Ministry of 
Communications of the People's Republic of China (``MOC'') or its 
authorized competent communications department of the people's 
government of the province, autonomous region or municipality 
directly under the Central Government or the State Administration of 
Industry and Commerce pursuant to the Regulations of the People's 
Republic of China on International Maritime Transportation and the 
Implementing Rules of the Regulations of the PRC on International 
Maritime Transportation promulgated by MOC Decree No. 1, January 20, 
2003.
    b. The liability of the Surety shall not be discharged by any 
payment or succession of payments pursuant to section 1 of this 
Rider, unless and until the payment or payments shall aggregate the 
amount set forth in section 1a of this Rider. In no event shall the 
Surety's obligation under this Rider exceed the amount set forth in 
section 1a regardless of the number of claims.
    c. The total amount of coverage available under this Bond and 
all of its riders, available pursuant to the terms of section 1(a.) 
of this rider, equals $--------. The total amount of aggregate 
coverage equals or exceeds $125,000.
    d. This Rider is effective the [--------] day of [------------], 
20 [------------], and shall continue in effect until discharged, 
terminated as herein provided, or upon termination of the Bond in 
accordance with the sixth paragraph of the Bond. The Principal or 
the Surety may at any time terminate this Rider by written notice to 
the Federal Maritime Commission at its offices in Washington, DC, 
accompanied by proof of transmission of notice to MOC. Such 
termination shall become effective thirty (30) days after receipt of 
said notice and proof of transmission by the Federal Maritime 
Commission. The Surety shall not be liable for fines or penalties 
imposed on the Principal after the expiration of the 30-day period 
but such termination shall not affect the liability of the Principal 
and Surety for any fine or penalty imposed prior to the date when 
said termination becomes effective.

[[Page 51939]]

    2. This Bond remains in full force and effect according to its 
terms except as modified above.
    In witness whereof we have hereunto set our hands and seals on 
this [--------] day of [------------], 20 [--------],

[Principal], By:

[Surety], By:


0
3. Revise paragraph 1.a. of Appendix F to Subpart C of Part 515 to read 
as follows:

APPENDIX F TO SUBPART C OF PART 515--OPTIONAL RIDER FOR ADDITIONAL 
NVOCC FINANCIAL RESPONSIBILITY FOR GROUP BONDS [OPTIONAL RIDER TO FORM 
FMC-69]

* * * * *
    1. * * *
    a. An additional condition of this Bond is that $ [--------
](payable in U.S. Dollars or Renminbi Yuan at the option of the 
Surety) shall be available to any NVOCC enumerated in an Appendix to 
this Rider to pay any fines and penalties for activities in the 
U.S.-China trades imposed by the Ministry of Communications of the 
People's Republic of China (``MOC'') or its authorized competent 
communications department of the people's government of the 
province, autonomous region or municipality directly under the 
Central Government or the State Administration of Industry and 
Commerce pursuant to the Regulations of the People's Republic of 
China on International Maritime Transportation and the Implementing 
Rules of the Regulations of the PRC on International Maritime 
Transportation promulgated by MOC Decree No. 1, January 20, 2003. 
Such amount is separate and distinct from the bond amount set forth 
in the first paragraph of this Bond. Payment under this Rider shall 
not reduce the bond amount in the first paragraph of this Bond or 
affect its availability. The Surety shall indicate that $50,000 is 
available to pay such fines and penalties for each NVOCC listed on 
appendix A to this Rider wishing to exercise this option.
* * * * *

    By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2012-21095 Filed 8-27-12; 8:45 am]
BILLING CODE 6730-01-P