[Federal Register Volume 84, Number 196 (Wednesday, October 9, 2019)]
[Proposed Rules]
[Page 54087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22063]

[[Page 54087]]



46 CFR Parts 501 and 535

[Docket No. 16-04]
RIN 3072-AC54

Ocean Common Carrier and Marine Terminal Operator Agreements 
Subject to the Shipping Act of 1984

AGENCY: Federal Maritime Commission.

ACTION: Proposed rule; withdrawal.


SUMMARY: The Federal Maritime Commission published a Notice of Proposed 
Rulemaking on August 15, 2016, which set forth proposed modifications 
to its rules governing agreements by or among ocean common carriers 
and/or marine terminal operators subject to the Shipping Act of 1984 
and its rules on the delegation of authority to and redelegation of 
authority by the Director, Bureau of Trade Analysis. Public comments on 
the proposed rule were due on October 17, 2016. This notice withdraws 
the previous Notice of Proposed Rulemaking, and terminates this 
rulemaking proceeding.

DATES: The NPRM published in the Federal Register on August 15, 2016 at 
81 FR 53986, is withdrawn as of October 9, 2019.

    For procedural questions, contact: Rachel E. Dickon, Secretary, 
Phone: (202) 523-5725, Email: [email protected].
    For technical issues, contact: Florence A. Carr, Director, Bureau 
of Trade Analysis, Phone: (202) 523-5796, Email: [email protected].
    For legal issues, contact: Tyler J. Wood, General Counsel, Phone: 
(202) 523-5740, Email: [email protected].


I. Introduction

    The Federal Maritime Commission (Commission) issued a Notice of 
Proposed Rulemaking (NPRM) to obtain public comments on proposed 
modifications to its regulations in 46 CFR part 535, Ocean Common 
Carrier and Marine Terminal Operator Agreements Subject to the Shipping 
Act of 1984, and 46 CFR 501.27, Delegation to and redelegation by the 
Director, Bureau of Trade Analysis. 81 FR 53986 (Aug. 15, 2016). The 
NPRM addressed comments submitted in response to the Commission's 
Advanced Notice of Proposed Rulemaking (ANPRM), 81 FR 10188 (Feb. 29, 
2016), and requested further comments on the proposed modifications to 
its regulations.
    The rulemaking was issued pursuant to Executive Order 13579 (E.O. 
13579), Regulation and Independent Regulatory Agencies (July 11, 2011), 
and the Commission's corresponding Plan for the Retrospective Review of 
Existing Rules.\1\ Under this plan, the Commission requested and 
received comments on how to improve its existing regulations and 
programs. With respect to part 535, comments with specific 
recommendations on regulatory modifications were submitted by ocean 
carrier members of major discussion agreements effective under the 
Shipping Act.\2\ This rulemaking was also consistent with more recent 
Executive Orders, as it sought to modify Part 535 to remove outdated, 
ineffective, or unnecessary regulations.\3\

    \1\ The Commission's Plan for the Retrospective Review of 
Existing Rules (Nov. 4, 2011) and Update to Plan for Retrospective 
Review of Existing Rules (Feb. 13, 2013) are published on the FMC 
home page under About the FMC/Report, Strategies, and Budget.
    \2\ Comments of Ocean Common Carriers to Retrospective Review of 
Existing Rules, dated May 18, 2012, are published on the FMC home 
page under https://www2.fmc.gov/readingroom/proceeding/16-04/.
    \3\ See, e.g., Executive Order 13771, Reducing Regulation and 
Controlling Regulatory Costs (Jan. 30, 2017 and Executive Order 
13777, Enforcing the Regulatory Reform Agenda (Feb. 24, 2017).

II. Procedural History and Intervening Change in Law

    After the Commission instituted this rulemaking process and 
received comment, Congress enacted the Frank LoBiondo Coast Guard 
Authorization Act of 2018. Public Law 115-282 (Dec. 4, 2018). In the 
LoBiondo Act, Congress amended certain provisions of the Shipping Act 
of 1984, including several provisions relating to the statutory basis 
for Part 535. In light of the intervening change in law, the Commission 
has determined to withdraw the previous NPRM, and terminate this 
rulemaking proceeding. In the future, the Commission may determine to 
reevaluate part 535, and would seek comments on the statutory 
amendments to the Shipping Act.

    By the Commission.

Rachel Dickon,
[FR Doc. 2019-22063 Filed 10-8-19; 8:45 am]