[Federal Register Volume 89, Number 74 (Tuesday, April 16, 2024)]
[Notices]
[Pages 26881-26883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07977]


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FEDERAL MARITIME COMMISSION

[Docket No. FMC-2023-0016]


Request for Information

AGENCY: Federal Maritime Commission.

ACTION: Request for information.

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SUMMARY: The Federal Maritime Commission (the Commission) seeks public 
comment on questions related to maritime data accuracy to continue the 
process of gathering information to inform possible future Commission 
activities with a focus on information related to containers moving 
through marine terminals. In particular, the Commission seeks responses 
on what data elements are communicated between transportation service 
providers and importers/exporters. The Commission also seeks 
information on how changes to information are conveyed and where 
communication is most likely to break down or information is most 
likely to be conveyed inaccurately.

DATES: Submit comments on or before 11:59 p.m. eastern standard time 
(EST) on June 17, 2024.

ADDRESSES: The Commission will collect comments through the Federal 
eRulemaking Portal at www.regulations.gov, under Docket No.

[[Page 26882]]

FMC-2023-0016. Please refer to the ``Public Participation'' heading 
under the SUPPLEMENTARY INFORMATION section of this notice for detailed 
instructions on how to submit comments, including instructions on how 
to request confidential treatment.

FOR FURTHER INFORMATION CONTACT: David Eng, Secretary; Phone: (202) 
523-5725; Email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Containerized cargo in international trade moves between the 
control of numerous entities. While some key data elements are readily 
shared between supply chain participants, the lack of timely and 
accurate access to some data elements can lead to inefficiencies, as 
was seen during the COVID-19 pandemic. Additionally, the lack of data 
standardization reduces the ability to move cargo in an effective way.
    Improved communication and data availability could ease the flow of 
data and potentially provide positive results including fewer and 
shorter duration instances of congestion; quicker movement of import 
and export shipments; assessment of fewer storage fees; and a reduction 
in non-government cargo holds thereby improving supply chain 
effectiveness and efficiency.

II. Request for Information/Notice of Inquiry

    The Maritime Transportation Data Initiative (MTDI), led by 
Commissioner Carl Bentzel, examined the issue of data usage and sharing 
within the supply chain served by international ocean carriers. 
Commissioner Bentzel released a report in May 2023 summarizing the 
information he gathered and his initial findings.\1\
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    \1\ Available at www.fmc.gov/wp-content/uploads/2023/04/MTDIReportandViews.pdf.
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    The Commission now seeks additional information to expand the 
information gathered from the MTDI and the Commission's August 23, 
2023, Request for Information (88 FR 55697) related to data 
availability, accuracy, and exchange. This Request places particular 
emphasis on data accuracy.
    A common theme revealed by the MTDI was that information on 
container pick up/return was difficult to gather accurately or predict. 
MTDI participants cited challenges such as determining who should 
provide the information, information changing frequently, and changes 
not being conveyed to shipping entities. These points have been 
reiterated to the Commission via numerous avenues, including by the 
National Shipper Advisory Committee.\2\ The Commission created the 
prior Request for Information to understand some of the data challenges 
that entities throughout the supply chain face.\3\ The purpose of this 
Request for Information is to continue the process of gathering 
information to inform possible future Commission activities with a 
focus on information related to containers moving through marine 
terminals. The purpose of these questions is to seek information about 
data accuracy, not information about specific customers/partners and 
commenters should not name specific customers/partners when responding. 
The Commission has segmented the questions into categories specific to 
certain stakeholders, but it is also interested in hearing from the 
public, who may respond to all of the questions.
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    \2\ See www.fmc.gov/wp-content/uploads/2023/05/Consistencyandalignmentofdata.pdf, www.fmc.gov/wp-content/uploads/2022/12/Draft-NSAC-ContainerLevelDataAlignment.pdf, www.fmc.gov/wp-content/uploads/2022/12/Draft-NSACIntermodalDataAlignment.pdf, 
www.fmc.gov/wp-content/uploads/2022/12/DRAFT-NSAC-ShipmentLevelDataAlignment.pdf for National Shipper Advisory 
Committee recommendations.
    \3\ Previous Request for Information is posted in the docket at 
www.regulations.gov/document/FMC-2023-0016-0001.
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Vessel Operators and Marine Terminal Operators

    1. How do you communicate the vessel schedule and any changes 
regarding the vessel schedule to the beneficial cargo owners (BCO) and/
or their agents? Please include the communication method and the 
timeline.
    2. What share of vessels change their schedule within the last week 
prior to arrival at a scheduled port? What are the most common reasons 
for a vessel schedule to change?
    3. What are the primary reasons for changes to the vessel schedule? 
What indicators can BCOs use to predict changes to vessel schedule?
    4. How do you communicate the Early Return Date (ERD), and any 
changes to it, to BCOs and/or their agents? Please include the 
communication method and the timeline.
    5. What are the primary reasons for changes to ERD? What indicators 
can BCOs use to predict changes to ERD?
    6. What share of ERDs change within a week prior to the window? 
What are the most common reasons for an ERD to change in the last week?
    7. How do you access information related to the availability of 
intermodal rail services? Please include the communication method and 
the timeline.
    8. How do you access information related to the in-transit services 
of intermodal rail? Please include the communication method and the 
timeline.
    9. Are there any metrics or pieces of information that are not 
clearly defined or missing entirely from the maritime supply chain? If 
so, please list and define.

Importers

    10. What were the primary causes of penalty fees for missing a 
container pick up window?
    11. What pick up information (such as vessel schedule or container 
availability) is most likely to change or be conveyed differently by 
different supply chain entities?
    12. Who do you rely upon to obtain information pertaining to 
container pick up and any changes to it? Please include all entities 
that provide information, the communication method, and the timeline of 
when you receive the information.
    13. How do you find out that a vessel schedule has changed?
    14. How many days prior to the vessel arrival do you need the date 
to be finalized? Please indicate the conditions which affect the number 
of days you need.
    15. How often do you attempt to pick up a container that you 
believe to be available, but it is not available? What are the most 
common reasons for this occurrence?
    16. How frequently do you attempt to retrieve a container, but 
necessary equipment (such as chassis or rail service) is not available? 
What are the most common reasons for this occurrence?
    17. Are there any metrics or pieces of information that are not 
clearly defined or missing entirely from the maritime supply chain? If 
so, please list and define.

Exporters

    18. What were the primary causes of penalty fees for missing a 
container return window?
    19. What container return information (such as vessel schedule or 
ERD) is most likely to change or be conveyed differently by different 
shipping entities?
    20. Who do you rely upon to obtain information pertaining to 
container return and any changes to that information. Please include 
all entities that provide information, the communication method, and 
the timeline of when you receive the information.
    21. How do you learn that a vessel schedule has changed?

[[Page 26883]]

    22. How many days prior to the container return window do you need 
the ERD date to be finalized? Please indicate the conditions which 
affect the number of days you need.
    23. How often do you attempt to export a container within what you 
believe to be the return window, and you end up being too early or too 
late? What are the most common reasons for this occurrence?
    24. How frequently do you attempt to export a container, but 
necessary equipment (such as chassis or rail service) is not available? 
What are the most common reasons for this occurrence?
    25. Are there any metrics or pieces of information that are not 
clearly defined or missing entirely from the maritime supply chain? If 
so, please list and define.

III. Public Participation

How do I prepare and submit comments?

    You may submit comments by using the Federal eRulemaking Portal at 
www.regulations.gov, under Docket No. FMC-2023-0016. Please follow the 
instructions provided on the Federal eRulemaking Portal to submit 
comments.

How do I submit confidential business information?

    The Commission will provide confidential treatment for identified 
confidential information to the extent allowed by law. If you would 
like to request confidential treatment, pursuant to 46 CFR 502.5, you 
must submit the following, by email, to [email protected]:
     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 
deadline on the comment closing date indicated above under DATES. To 
the extent possible, we may 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 
www.regulations.gov, under Docket No. FMC-2023-0016.

    By the Commission.
David Eng,
Secretary.
[FR Doc. 2024-07977 Filed 4-15-24; 8:45 am]
BILLING CODE 6730-02-P