[Federal Register Volume 63, Number 126 (Wednesday, July 1, 1998)]
[Proposed Rules]
[Pages 35896-35901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17451]
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FEDERAL MARITIME COMMISSION
46 CFR Parts 502, 503, 510, 514, 540, 572, 585, 587 and 588
[Docket No. 98-09]
Update of Existing and Addition of New Filing and Service Fees
AGENCY: Federal Maritime Commission.
ACTION: Proposed rule.
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SUMMARY: The Federal Maritime Commission (``Commission'') proposes to
revise its existing fees filing petitions, complaints, and special
docket application; various public information services, such as record
searches, document coping and admissions to practice; filing freight
forwarder applications; various ATFI related services; passenger vessel
performance and casualty certificate applications; and agreements. This
proposal will update existing fees to reflect current costs to the
Commission. In addition, the Commission proposes to add three new fees
for: the publication of the Regulated Persons Index (``RPI'') on
diskette, the application to amend a passenger vessel operators'
Certification of Financial Responsibility for Indemnification of
Passengers for Nonperformance of Transportation and Cetification of
Financial Responsibility to Meet LIability Incurred for Death or Injury
to Passengers or Other Persons on Voyages (``Certificates'') for the
addition or substitution of a vessel to the applicant's fleet, and the
agency's review of corrections of clerical errors in service contracts,
as requested by parties to a service contract.
DATES: Comments due July 31, 1998.
ADDRESSES: Comments (Original and fifteen copies) to: Joseph C.
Polking, Secretary, Federal Maritime Commission, 800 North Capitol
Street, N.W., Washington, D.C. 20573-0001.
FOR FURTHER INFORMATION CONTACT: Sandra L. Kusumoto, Director, Bureau
of Administration, Federal Maritime Commission, 800 North Capitol
Street, N.W., Washington, D.C. 20573-0001, (202) 523-5866, E-mail:
[email protected].
SUPPLEMENTARY INFORMATION: The Commission is authorized under the
Independent Offices Appropriation Act (``IOAA''), 31 U.S.C. Sec. 9701
(1983), to establish fees for services and benefits that it provides to
specific recipients. The IOAA provides that each service or thing of
value provided by an agency to a person by self-sustaining to the
extent possible, and that each charge shall be fair and based on the
costs to the Government, the value of the service or thing to the
recipient, policy or interest served, and other relevant facts. 31
U.S.C. Sec. 9701.
The primary guidance for implementation of IOAA is Office of
Management and Budget (``OMB'') Circular A-25, as revised July 8, 1993.
OMB Circular A-25 requires that a reasonable charge be made to each
recipient for a measurable unit or amount of Government Service from
which the recipient derives a benefit, in order that the Government
recover the full cost of rendering that service.
OMB Circular A-25 further provides that costs be determined or
estimated from the best available records in the agency, and that cost
computations shall cover the direct and indirect costs to the
Government of carrying out the activity, including but not limited to:
(a) Direct and indirect personnel costs, including salaries and fringe
benefits such as medical insurance and retirement. (b) Physical
overhead, consulting, and other indirect costs including material and
supply costs, utilities, insurance, travel and rent. (c) The management
and supervisory costs. (d) The costs of enforcement, collection,
research, establishment of standards, and regulations, including any
required environmental impact statements.
OMB Circular A-25, paragraphs 6d (a), (b), (c), and (d).
OMB Circular A-25 also calls for a periodic reassement of costs,
with
[[Page 35897]]
related adjustments of fees, if necessary, and the establishment of new
fees where none exist.
The Commission's current filing and service fees have been in
effect since 1995. The fees established at that time are no longer
representative of the Commission's actual costs for providing such
services. The proposed fees include, among other costs, salary
increases for several years. The Commission, accordingly, proposes to
update its fees to reflect current costs to the Commission.
The Commission proposes the elimination of several fees. The
Commission proposes the deletion of fees associated with the provision
of subscription services. These services will be discontinued because
of diminished public demand for them and because most of the
information can be found on the Internet, the Commission's website or
requested from the Office of the Secretary on an ad hoc basis. Some
fees associated with ATFI Subscriber Tapes have been eliminated in
accordance with Docket No. 95-13, Automated Tariff Filing and
Information System. (60 FR 56122, November 7, 1995).
The Commission also proposes three new user fees for: the provision
of the RPI on diskette, the issuance of Pub. L. 89-777 Certificates to
add or substitute a vessel to the applicant's fleet, and the agency's
review of corrections of clerical errors in service contracts, as
requested by parties to a service contract under 46 CFR
Sec. 514.7(k)(2). Provisions of Parts 585, 587, and 588 are proposed to
be amended to clarify that fees governing the filing of petitions are
applicable.
The Commission has reviewed its current fees and developed data on
the time and cost involved in providing particular services to arrive
at the updated direct labor costs for those services. The direct labor
costs include clerical, professional, supervisory, and executive time
expended on an activity, plus a check processing cost of $1.40. The
indirect costs include Government overhead costs, which are fringe
benefits and other wage-related Government contributions in OMB
Circular A-76 \1\ Commission general and administrative expenses \2\
and office general and administrative overhead expenses.\3\ The sum of
these indirect cost components gives an indirect cost factor that is
added to the direct labor costs of an activity to arrive at the fully
distributed cost.
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\1\ These include leave and holidays, retirement, worker's
compensation, awards, health and life insurance, and Medicare. These
are expressed as a percentage of basic pay.
\2\ These costs include all salaries and overhead, such as rent,
utilities, supplies and equipment, allocated to the Offices of the
Commissioner, Managing Director, General Counsel, and the Bureau of
Administration. The percentage of these costs to the total agency
budget is allocated across all Commission programs.
\3\ These expenses are limited to the overhead expenses
allocated to those bureau and offices involved in fee-generating
activities, and is derived from dividing allocated overhead expenses
by the total funding for these fee-generated offices.
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All current fees, except as noted, are being revised to reflect the
higher costs to the Commission in providing its services. A detailed
summary of the data used to arrive at the proposed fees is available
from the Secretary of the Commission upon written request.
The Commission intends to update its fees biennially in keeping
with OMB guidance. In updating its fees, the Commission will
incorporate changes in the salaries of its employees into direct labor
costs associated with its services, and recalculate its indirect costs
(overhead) based on current level of costs.
The Commission has user fees currently in effect and the proposed
fee increases primarily reflect the increases in salary and indirect
(overhead) costs. For some services, the increase in processing or
review time accounts for the increase in the level of proposed fees.
The Chairman of the Commission hereby certifies that these proposed
fees will not have a significant economic impact on a substantial
number of small entities. The Commission recognizes that these proposed
revisions may have some impact on the shipping industry. Fees collected
from the general public for Commission information recover the cost to
the Commission for providing specific services. Fees for filing
petitions, formal and informal complaints, and special dockets, in the
Commission's view, do not impose an undue burden nor have a chilling
effect on filers. Furthermore, Commission regulations provide for
waiver of fees for those entities that can make the required showing of
undue hardship. 46 C.F.R. Sec. 503.41.
This proposed rule does not contain any collection of information
requirements as defined by the Paperwork Reduction Act of 1980, as
amended. Therefore, OMB review is not required.
List of Subjects
46 CFR Part 502
Administrative practice and procedure, Claims, Equal Access to
Justice, Investigations, Lawyers, and Reporting and record keeping
requirements.
46 CFR Part 503
Classified information, Freedom of Information, Privacy, and
Sunshine Act.
46 CFR Part 510
Freight forwarders, Maritime carriers, Reporting and record keeping
requirements, and Surety bonds.
46 CFR Part 514
Freight, Harbors, Maritime carriers, and Reporting and record
keeping requirements.
46 CFR Part 540
Insurance, Maritime carriers, Penalties, Reporting and record
keeping requirements, and Surety bonds.
46 CFR Part 572
Administrative practice and procedure, Freight, Maritime carriers,
and Reporting and record keeping requirements.
46 CFR Part 585
Administrative practice and procedure, Maritime carriers.
46 CFR Part 587
Administrative practice and procedure, Maritime carriers.
46 CFR Part 588
Administrative practice and procedure, Investigations, Maritime
carriers.
Pursuant to 5 U.S.C. 553, the Independent Offices Appropriations
Act, 31 U.S.C. Sec. 9701, and section 17 of the Shipping Act of 1984,
46 U.S.C. app. Sec. 1716, the Commission proposes to amend title 46 of
the Code of Federal Regulations as follows:
PART 502--RULES OF PRACTICE AND PROCEDURE
1. The authority citation for Part 502 continues to read as
follows:
Authority: 5 U.S.C. 504, 551, 552, 553, 556(c), 559, 561-569,
571-596; 12 U.S.C. 1141j(a); 18 U.S.C. 207; 26 U.S.C. 501(c)(3); 28
U.S.C. 2112(a); 31 U.S.C. 9701; 46 U.S.C. app. 817, 820, 826, 841a
1114(b), 1705, 1707-1711, 1713-1716; E.O. 11222 of May 8, 1965 (30
FR 6469); 21 U.S.C. 853a; and Pub. L. 88-777 (46 U.S.C. app. 817d,
817e).
2. The fourth sentence of Sec. 502.51 is revised to read as
follows:
Subpart D--Rulemaking
Sec. 502.51 Petition for issuance, amendment, or repeal of rule.
* * * Petitions shall be accompanied by remittance of a $177 filing
fee.
[[Page 35898]]
Subpart E--Proceedings; Pleadings; Motions; Replies
3. Section 502.62(f) is revised to read as follows:
Sec. 502.62 Complaints and fee.
* * * * *
(f) The complaint shall be accompanied by remittance of a $184
filing fee.
* * * * *
4. Section 502.68(a)(3) is revised to read as follows:
Sec. 502.68 Declaratory orders and fee.
(a) * * *
(3) Petitions shall be accompanied by remittance of a $177 filing
fee.
* * * * *
5. Section 502.69(b) is revised to read as follows:
Sec. 502.69 Petitions-general and fee.
* * * * *
(b) Petitions shall be accompanied by remittance of a $177 filing
fee. [Rule 69.]
Subpart K--Shortened Procedure
6. The last sentence of Sec. 502.182 is revised to read as follows:
Sec. 502.182 Complaint and memorandum of facts and arguments and
filing fee.
* * * The complaint shall be accompanied by remittance of a $184
filing fee.
[Rule 182.]
Subpart U--Conciliation Service
7. The last sentence of Sec. 502.404(a) is revised to read as
follows:
Sec. 502.404 Procedure and fee.
(a) * * * The request shall be accompanied by remittance of a $69
service fee.
* * * * *
PART 503--PUBLIC INFORMATION
8. The authority citation for Part 503 is revised to read as
follows:
Authorty: 5 U.S. 552, 552a, 552b, 553; 31 U.S.C. 9701; E.O.
12958 of April 20, 1995 (60 FR 19825), sections 5.2(a) and (b).
Sec. 503.41 [Amended]
9. In Sec. 503.41, Policy and services available, paragraph (b)(1)
is removed, and paragraphs (b)(2) and (b)(3) are redesignated as (b)(1)
and (b)(2).
10. In Sec. 503.43, the first two sentences of paragraph (a)(8),
paragraphs (c)(1) (i) and (ii), the first sentence of paragraph (c)(2),
paragraph (c)(3)(ii) and (iii), paragraph (c)(4), paragraph (e) and
paragraph (g) are revised; paragraphs (d), (f) and (h) are removed;
revised paragraphs (e) and (g) are redesignated paragraphs (d) and (e);
and paragraph (c)(3)(iv) is added to read as follows:
Sec. 503.43 Fees for services.
(a) * * *
(8) Direct costs means those expenditures which the agency actually
incurs in searching for and duplicating (and in the case of commercial
requester, reviewing) documents to respond to a Freedom of Information
Act request. Direct costs include, for example, the salary of the
employee performing the work (the basic rate of pay for the employee
plus 17.5 percent of that rate to cover benefits and the cost of
operating duplicating machinery.* * *
* * * * *
(c) * * *
(1) * * *
(i) Search will be performed by clerical/adminstrative personnel at
a rate of $18.00 per hour and by professional/executive personnel at a
rate of $35.00 per hour.
(ii) Minimum charge for record search is $18.00.
(2) Charges for review of records to determine whether they are
exempt from disclosure under Sec. 503.35 shall be assessed to recover
full costs at the rate of $70.00 per hour.* * *
(3) * * *
(ii) By Commission personnel, at the rate of five cents per page
(one side) plus $18.00 per hour.
(iii) Minimum charge for copying is $4.50.
(iv) No charge will be made by the Commission for notices,
decisions, orders. etc., required by law to be served on a party to any
proceeding or matter before the Commission. No charge will be made for
single copies of such Commission issuances individually requested in
person or by mail.
(4) The certification and validation (with Federal Maritime
Commission seal) of documents filed with or issued by the Commission
will be available at $55.00 for each certification.
(d) To have one's name and address placed on the mailing list of a
specific docket as an interested party to receive all issuance
pertaining to the docket: $8 per proceeding.
(e) Applications for admission to practice before the Commission
for persons not attorneys at law must be accompanied by a fee of $86
pursuant to Sec. 502.27 of the chapter.
Subpart G--Access to Any Record of Identifiable Personal
Information
11. In Sec. 503.63, the introductory texts of paragraphs (b) and
(c) are revised to read as follows:
Sec. 503.63 Request for information.
* * * * *
(b) Any individual requesting such information in person shall
personally appear at the Office of the Secretary, Federal Maritime
Commission, 800 North Capitol Street, NW, Washington, DC 20573 and
shall:
* * * * *
(c) Any individual requesting such information by mail shall
address such request to the Secretary, Federal Maritime Commission, 800
North Capitol Street, NW, Washington, DC 20573 and shall include in
such request the following:
* * * * *
12. In Sec. 503.65, the introductory text of paragraph (b)(1) and
paragraph (b)(2) are revised to read as follows:
Sec. 503.65 Request for access to records.
* * * * *
* * *
(1) Any individual making such request in person shall do so at the
Office of the Secretary, Federal Maritime Commission, 800 North Capitol
Street, NW, Washington, DC 20573 and shall:
* * * * *
(2) Any individual making a request for access to records by mail
shall address such request to the Secretary, Federal Maritime
Commission, 800 North Capitol Street, NW, Washington, DC 20573 and
shall include therein a signed notarized statement to verify his or her
identity.
* * * * *
13. In Sec. 503.67, paragraph (b)(1) is revised to read as follows:
Sec. 503.67 Appeals from denial of request for amendment of a record.
* * * * *
(b) * * *
(1) Be addressed to the Chairman, Federal Maritime Commission, 800
North Capitol Street, NW, Washington, DC 20573; and
* * * * *
14. In Sec. 503.69, paragraph (b)(2) is revised to read as follows:
Sec. 503.69 Fees.
* * * * *
(b) * * *
(2) The certification and validation (with Federal Maritime
Commission seal) of documents filed with or issued by the Commission
will be available at $55 for each certification.
* * * * *
[[Page 35899]]
PART 510--LICENSING OF OCEAN FREIGHT FORWARDERS
15. The authority citation for Part 510 continues to read as
follows:
Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 46 U.S.C. app. 1702,
1707, 1709, 1710, 1712, 1714, 1716, and 1718; 21 U.S.C. 862.
Subpart B--Eligibility and Procedure for Licensing; Bond
Requirements
16. Section 510.12(b) is revised to read as follows:
Sec. 510.12 Application for license.
(a) * * *
(b) Fee. The application shall be accompanied by a money order,
certified check or cashier's check in the amount of $778 made payable
to the Federal Maritime Commission.
* * * * *
17. The penultimate sentence in Sec. 510.14(b) is revised to read
as follows:
Sec. 510.14 Surety bond requirements.
* * * * *
(b) * * *
The fee for such supplementary investigation shall be $224 payable
by money order, certified check or cashier's check to the Federal
Maritime Commission. * * *
* * * * *
18. The first sentence of Sec. 510.19(e) is revised to read as
follows:
Sec. 510.19 Changes in organization.
* * * * *
(e) Application form and fee. Applications for Commission approval
of status changes or for license transfer under paragraph (a) of this
section shall be filed in duplicate with the Director, Bureau of
Tariffs, Certification and Licensing, Federal Maritime Commission, on
form FMC-18 Rev., together with a processing fee of $362, made payable
by money order, certified check or cashier's check to the Federal
Maritime Commission. * * *
* * * * *
19. Section 510.26 is added to read as follows:
Sec. 510.26 Regulated Persons Index.
The Regulated Persons Index is a database containing the names,
addresses, phone/fax numbers and bonding information, where applicable,
of Commission-regulated entities. The database may be purchased for $84
by contacting BTCL, Federal Maritime Commission, Washington, DC 20573.
Contact information is listed on the Commission's website at
www.fmc.gov.
PART 514--TARIFFS AND SERVICE CONTRACTS
20. The authority citation for Part 514 continues to read as
follows:
Authority: 5 U.S.C. 552 and 553; 31 U.S.C. 9701; 46 U.S.C. app.
803, 812, 814-817(a), 820, 833a, 841a, 843, 844, 845, 845a, 845b,
847, 1702-1712, 1714-1716, 1718, 1721 and 1722; and sec. 2(b) of
Pub. L. 101-92, 103 Stat. 601.
Subpart B--Service Contracts
21. Section 514.7(K)(2) introductory text is revised to read as
follows:
Sec. 514.7 Service contracts in foreign commerce.
* * * * *
(k) * * *
(2) Corrections. Either party to a filed service contract may
request permission to correct clerical or administrative errors in the
essential terms of a filed contract. Requests shall be filed, in
duplicate, with the Commission's Office of the Secretary within 45 days
of the contract's filing with the Commission, accompanied by remittance
of a $233 service fee, and shall include:
* * * * *
Subpart C--Form, Content, and Use of Tariff Data
22. In Sec. 514.21, paragraphs (b)(1), (b)(2)(i) through (iv), (c),
(e)(1), (f), (g), (i), (j) (l) and (k) are revised; paragraphs (l) is
removed; paragraphs (m) is revised and redesignated paragraphs (l); and
new paragraphs (m) is added to read as follows:
Sec. 514.21 User charges.
* * * * *
(b) User manual (of ATFI ``Guides''--Sec. 514.8(b)).
(1) In diskette form: $39 for diskette(s) containing all user
guides in WordPerfect 5.0 format.
(2) * * *
(i) Package A: Fundamentals Guide and System Handbook (125 pages)
are made available jointly and are a prerequisite for use of either of
the packages in paragraphs (b)(2)(ii) or (b)(2)(iii): $49.00.
(ii) Package B: Tariff Retrieval Guide: $49.00.
(iii) Package C: Tariff Filing Guide: $59.00.
(iv) Package D: All Guides listed in paragraph (b)(2)(i) through
(b)(2)(iii): $99.00.
* * * * *
(c) Registration for user (filer and/or retriever ID and password
(see exhibit 1 to this part and Secs. 514.4(d), 514.8(f) and 514.20)):
$174 for initial registration for firm and one individual; $148 for
additions and changes.
* * * * *
(e) Certification of batch filing capability (by appointment
through the Office of Information Resources Management)
(Sec. 514.8(1)).
(1) User charge: $496 per certification submission (covers all
types of tariffs for which the applicant desires to be certified as
well as recertification required by substantial charges to the ATFI
system).
* * * * *
(f) Application for special permission (Sec. 514.18): $179.
(g) Remote electronic retrieval (Sec. 514.20(c)(3)). The fee for
remote electronic access to ATFI electronic data is 33 cents for each
minute of remote computer access directly to the ATFI database by any
individual.
(h) * * *
(i) Tariff filing fee. The fee for tariff filing shall be 20 cents
per filing object; the fee for filing service contract essential terms
shall be $1.63 per filing set.
(j) Daily Subscriber Data (Sec. 514.20(d)).
(1) Persons requesting download of daily updates must pay 33 cents
per minute as provided by Sec. 514.21(g).
(2) * * *
(k) Miscellaneous tapes. The fee for tape data, other than the ATFI
database described in paragraph (j) of this section, shall be $46 for
the initial tape plus $25 for each additional tape required.
(l) Access to ATFI data. Official ATFI tariff data may be directly
accessed by computer by:
(1) Retrievers. Any person may, with a proper retrieval USERID and
password, enter the official ATFI database to obtain computer access of
tariff matter, as provided in this part, but may download ATFI data
only through the ``Print Screen'' function, which prints one screen at
a time on paper. The user fee for this computer access is 33 cents a
minute, for which the user will be billed at the end of each month.
(2) Filers. Any person with a proper filer USERID and password may
enter the official ATFI database to obtain computer access of tariff
matter as provided in this part, but may download ATFI data only
through the ``Print Screen'' function, which prints one screen at a
time on paper, and the filer ATFI-mail-file-transfer function, which
prints the contents of the filer's ATFI mail on paper.
(m) Regulated Persons Index. The Regulated Persons Index is a
database containing the names, addresses, phone/
[[Page 35900]]
fax numbers and bonding information, where applicable, of Commission-
regulated entities. The database may be purchased for $84 by contacting
BTCL, Federal maritime Commission, Washington, DC 20573. Contact
information is listed on the Commission's website at www.fmc.gov.
PART 540--SECURITY FOR THE PROTECTION OF THE PUBLIC
23. The authority citation for Part 540 continues to read as
follows:
Authority: 5 U.S.C. 552, 553; 31 U.S.C. 9701; secs. 2 and 3,
Pub. L. 89-777, 80 Stat. 1356/1358 (46 U.S.C. app. 817e, 817d); sec.
43 of the Shipping Act, 1916 (46 U.S.C. app. 841a); sec. 17 of the
Shipping Act of 1984 (46 U.S.C. 1716).
Subpart A--Proof of Financial Responsibility, Bonding and
Certification of Financial Responsibility for Indemnification of
Passengers for Nonperformance of Transportation
24. The last sentence in Sec. 540.4(a) and the last sentence in
Sec. 540.4(b) are revised, and another sentence added to Sec. 540.4(b)
to read as follows:
Sec. 540.4 Procedure for establishing financial responsibility.
(a) * * * Copies of Form FMC-131 may be obtained from the
Secretary, Federal Maritime Commission, Washington, DC 20573.
(b) * * * An application for a Certificate (Performance), excluding
an application for the addition or substitution of a vessel to the
applicant's fleet, shall be accompanied by a filing fee remittance of
$2,152. An application for a Certificate (Performance) for the addition
or substitution of a vessel to the applicant's fleet shall be
accompanied by a filing fee remittance of $1,076.
* * * * *
Subpart B--Proof of Financial Responsibility, Bonding and
Certification of Financial Responsibility to Meet Liability
Incurred for Death or Injury to Passengers or Other Persons on
Voyages
25. The last sentence in Sec. 540.23(a) and the last sentence in
Sec. 540.23(b) are revised, and another sentence added to
Sec. 540.23(b) to read as follows:
Sec. 540.23 Procedure for establishing financial responsibility.
(a) * * * Copies of Form FMC-131 may be obtained from the
Secretary, Federal Maritime Commission, Washington, DC 20573.
(b) * * * An application for a Certificate (Casualty), excluding an
application for the addition or substitution of a vessel to the
applicant's fleet, shall be accompanied by a filing fee remittance of
$938. An application for a Certificate (Casualty) for the addition or
substitution of a vessel to the applicant's fleet shall be accompanied
by a filing fee remittance of $469.
* * * * *
PART 572--AGREEMENS BY OCEAN COMMON CARRIERS AND OTHER PERSONS
SUBJECT TO THE SHIPPING ACT OF 1984
26. The authority citation for Part 572 continues to read as
follows:
Authority: 5. U.S.C. 553; 31 U.S.C. 9701: 46 U.S.C. app. 1701-
1707, 1709-1710, 1712 and 1714-1717.
Subpart D--Filing of Agreements
27. Section 572.401(f) is revised to read as follows:
Sec. 572.401 General requirements.
* * * * *
(f) Agreement filings for Commission action requiring an
Information Form and review by the Commission shall be accompanied by
remittance of a $1,666 filing fee; agreement filings for Commission
action not requiring an Information Form, but requiring review by the
Commission, shall be accompanied by remittance of a $841 filing fee;
agreement filings reviewed under delegated authority shall be
accompanied by remittance of a $391 filing fee; and agreement filings
for terminal and carrier exempt agreements shall be accompanied by
remittance of a $131 filing fee.
PART 585--REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO
SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES
28. The authority citation for Part 585 continues to read as
follows:
Authority: 5 U.S.C. 553; sec. 19(1)(b), (5), (6), (7), (8), (9),
(10), (11) and (12) of the Merchant Marine Act, 1920, 46 U.S.C. app.
876(1)(b), (5), (6), (7), (8), (9), (10), (11) and (12);
Reorganization Plan No. 7 of 1961, 75 Stat 840; and sec. 10002 of
the Foreign Shipping Practices Act of 1988, 46 U.S.C. app. 1710a.
Subpart C--Conditions Unfavorable to Shipping
29. Section 585.402 is revised to read as follows:
Sec. 585.402 Filing of petitions.
All requests for relief for conditions unfavorable to shipping in
the foreign trade shall be by written petition. An original and fifteen
copies of a petition for relief under the provisions of this part shall
be filed with the Secretary, Federal Maritime Commission, Washington,
DC 20573. The petition shall be accompanied by remittance of a $177
filing fee.
PART 587--ACTIONS TO ADDRESS CONDITIONS UNDULY IMPAIRING ACCESS OF
U.S.-FLAG VESSELS TO OCEAN TRADE BETWEEN FOREIGN PORTS
30. The authority citation for Part 587 continues to read as
follows:
Authority: 5 U.S.C. 553; secs. 13(b)(5) 15 and 17 of the Shipping Act
of 1984, 46 U.S.C. app. 1712(b)(5), 1714 and 1716; sec. 10002 of the
Foreign Shipping Practices Act of 1988 (46 U.S.C. app. 1710a).
31. Section 587.3(a)(2) is revised to read as follows:
Sec. 587.3 Petitions for relief.
(a) * * *
(2) An original and fifteen copies of such a petition including any
supporting documents shall be filed with the Secretary, Federal
Maritime Commission, Washington, DC 20573. The petition shall be
accompanied by remittance of a $177 filing fee.
* * * * *
PART 588--ACTIONS TO ADDRESS ADVERSE CONDITIONS AFFECTING U.S.
FLAG-CARRIERS THAT DO NOT EXIST FOR FOREIGN CARRIERS IN THE UNITED
STATES
32. The authority citation for Part 588 continues to read as
follows:
Authority: 5 U.S.C. 553; sec. 10002 of the Foreign Shipping
Practices Act of 1988 (46 U.S.C. app. 1710a).
33. Section 588.4(a) is revised to read as follows:
Sec. 588.4 Petitions.
(a) A petition for investigation to determine the existence of
adverse conditions as described in Sec. 588.3 may be submitted by any
person, including any common carrier, shipper, shippers' association,
ocean freight forwarder, or marine terminal operator, or any branch,
department, agency, or other component of the Government of the United
States. Petitions for relief under this part shall be in writing, and
filed in the form of an original and fifteen copies with the Secretary,
Federal Marine Commission, Washington, DC 20573. The petition
[[Page 35901]]
shall be accompanied by remittance of a $177 filing fee.
* * * * *
By the Commission.
Joseph C. Polking,
Secretary.
[FR Doc. 98-17451 Filed 6-30-98; 8:45 am]
BILLING CODE 6730-01-M