[Federal Register Volume 65, Number 249 (Wednesday, December 27, 2000)]
[Rules and Regulations]
[Pages 81748-81759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32819]
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FEDERAL MARITIME COMMISSION
46 CFR Parts 501, 502
[Docket No. 00-13]
Agency Reorganization and Delegations of Authority
AGENCY: Federal Maritime Commission.
ACTION: Final rule.
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SUMMARY: The Federal Maritime Commission (``FMC'') is revising its
rules to reflect the reorganization of the agency which took effect
February 27, 2000, and to delegate authority to certain FMC bureaus.
DATES: Effective December 27, 2000.
FOR FURTHER INFORMATION CONTACT: Thomas Panebianco, General Counsel,
Federal Maritime Commission, 800 North Capitol St., NW., Washington, DC
20573-0001, (202) 523-5740.
SUPPLEMENTARY INFORMATION: The Federal Maritime Commission (``FMC'') is
revising parts 501 and 502 of its rules to reflect the reorganization
of the agency which took effect February 27, 2000. The FMC was
reorganized in order to more efficiently discharge its duties in light
of passage of the Ocean Shipping Reform Act of 1998 (``OSRA''), Pub. L.
105-258, 112 Stat. 1902, which amended the Shipping Act of 1984, 46
U.S.C. app. 1701 et seq.
Each applicable section in part 501 is revised to reflect the
creation of the Permanent Task Force on International Affairs; to
reflect the relocation of the Office of Informal Inquiries, Complaints,
and Dockets from the Office of the Secretary to the Office of Consumer
Complaints in the Bureau of Consumer Complaints and Licensing; to
reflect the elimination of the Bureau of Economics and Agreement
Analysis and the Bureau of Tariffs, Certifications and Licensing; and
to reflect the creation of the Bureau of Trade Analysis and the Bureau
of Consumer Complaints and Licensing. In addition, the Bureau of
Administration is eliminated and its functions are subsumed under the
Office of the Executive Director. As applicable, each section is also
amended to reflect changes occasioned by passage of OSRA. Finally,
references are eliminated to the Shipping Act, 1916, a statute over
which the FMC no longer retains jurisdiction. The entire text of Part
501, including both revised sections and sections that have been
retained but not revised because no changes were necessary, is set
forth for ease of reading and comprehension.
Section 501.5 continues to describe the functions of the FMC's
organizational components. In addition to reflecting the changes
described above, the section describes in paragraphs (g) and (h) the
functions of the newly created Bureaus of Trade Analysis and Consumer
Complaints and Licensing. The Bureau of Trade Analysis consists of the
Office of Agreements, Office of Economic and Competition Analysis, and
Office of Service Contracts and Tariffs. The Bureau of Consumer
Complaints and Licensing consists of the Office of Consumer Complaints,
Office of Transportation Intermediaries, and Office of Passenger
Vessels and Information Processing. The Deputy Bureau Director of the
Bureau of Consumer Complaints and Licensing is designated as the
agency's Dispute Resolution Specialist, pursuant to section 3 of the
Administrative Dispute Resolution Act of 1996, Pub. L. 104-320.
Paragraph (j) of the section is
[[Page 81749]]
revised by removing references to the Committee on Automated Data
Processing and the Incentive Awards Committee, which no longer exist.
Subpart C of part 501 describes the delegations of authority within
the FMC. Under Reorganization Plan No. 7 of 1961, the Commission may
delegate any of its functions to other agency entities or employees.
Changes as a result of the reorganization are reflected throughout the
subpart.
Two new delegations are also incorporated in the revision. Section
501.26(i) of the existing rules grants the Director, Bureau of Trade
Analysis the authority to determine that no action should be taken to
prevent an agreement from becoming effective under section 6(c)(1) of
the Shipping Act of 1984. However, Sec. 501.26(i)(4) establishes that
``new sailing agreements'' are deemed to have the potential to result
in a significant reduction in competition, and are therefore among the
types of agreements (enumerated at Sec. 501.26(i)) not within the
above-described authority delegated to the Director, Bureau of Trade
Analysis. In this rulemaking, the phrase ``new sailing agreements'' is
removed from the list of agreements (renumbered as Sec. 501.26(e))
deemed to have the potential to result in a significant reduction in
competition. By removing ``new sailing agreements'' from this list, the
Director, Bureau of Trade Analysis is thus delegated the authority to
determine that no action should be taken to prevent a new sailing
agreement from becoming effective.
In new Sec. 501.27(c), the Director, Bureau of Consumer Complaints
and Licensing is delegated the authority to approve amendments to
escrow agreements for the purpose of changing names of principals, the
vessels covered, the escrow agent or the amount of funds held in
escrow.
Pursuant to OSRA, reference formerly found at Sec. 501.27(i) to the
authority to reject and return service contracts and essential terms
publications is removed as it is no longer provided for by regulation.
A revised organization chart is included in appendix A to part 501.
Five sections of part 502 are amended. Sections 502.44 and 502.68,
and Appendix A, are revised to delete references to the Shipping Act,
1916, over which the FMC no longer has jurisdiction. Revision of
Sec. 502.271 reflects the reorganization of the FMC by clarifying that
Special Dockets Officers are now a part of the Office of Consumer
Complaints, in the Bureau of Consumer Complaints and Licensing. Section
502.301 is revised to reflect the transfer of the informal procedure
for adjudication of small claims to the Office of Consumer Complaints.
No period of notice and comment is required for this rulemaking as
it concerns agency procedure and organization. As a result, no analysis
need be completed under the Small Business Regulatory Enforcement
Flexibility Act, 15 U.S.C. 601. This rule does not incorporate any new
information collection requirements, and therefore does not require
clearance under the Paperwork Reduction Act, 44 U.S.C. 3501, et seq.
List of Subjects
46 CFR Part 501
Authority delegations, Organization and functions, Seals and
insignia.
46 CFR Part 502
Administrative practice and procedure, Claims, Equal access to
justice, Investigations, Lawyers, Reporting and recordkeeping
requirements.
For the reasons stated in the preamble, the Federal Maritime
Commission amends 46 CFR parts 501 and 502 as set forth below:
Revise part 501 to read as follows:
PART 501--THE FEDERAL MARITIME COMMISSION--GENERAL
Subpart A--Organization and Functions
Sec.
501.1 Purpose.
501.2 General.
501.3 Organizational components of the Federal Maritime Commission.
501.4 Lines of responsibility.
501.5 Functions of the organizational components of the Federal
Maritime Commission.
Subpart B--Official Seal
501.11 Official seal.
Subpart C--Delegation and Redelegation of Authorities
501.21 Delegation of authorities.
501.22 (Reserved)
501.23 Delegation to the General Counsel.
501.24 Delegation to the Secretary.
501.25 Delegation to and redelegation by the Executive Director.
501.26 Delegation to the Director, Bureau of Trade Analysis.
501.27 Delegation to the Director, Bureau of Consumer Complaints
and Licensing.
501.28 Delegation to the Director, Bureau of Enforcement.
Subpart D--Public Requests for Information
501.41 Public requests for information and decisions.
Appendix A to Part 501--Federal Maritime Commission Organization Chart
Authority: 5 U.S.C. 551-557, 701-706, 2903 and 6304; 31 U.S.C.
3721; 41 U.S.C. 414 and 418; 44 U.S.C. 501-520 and 3501-3520; 46
U.S.C. app. 876, 1111, and 1701-1720; Reorganization Plan No. 7 of
1961, 26 FR 7315, August 12, 1961; Pub. L. 89-56, 79 Stat. 195; 5
CFR part 2638; Pub. L. 89-777, 80 Stat. 1356; Pub. L. 104--320, 110
Stat. 3870.
Subpart A--Organization and Functions
Sec. 501.1 Purpose.
This part describes the organization, functions and Official Seal
of, and the delegation of authority within, the Federal Maritime
Commission (``Commission'').
Sec. 501.2 General.
(a) Statutory functions. The Commission regulates common carriers
by water and other persons involved in the foreign commerce of the
United States under provisions of the Shipping Act of 1984, as amended
by the Ocean Shipping Reform Act of 1998 (46 U.S.C. app. 1701-1720);
section 19 of the Merchant Marine Act, 1920 (46 U.S.C. app. 876); the
Foreign Shipping Practices Act of 1988 (46 U.S.C. app. 1710a); sections
2 and 3, Pub. L. 89-777, Financial Responsibility for Death or Injury
to Passengers and for Non-Performance of Voyages (46 U.S.C. app. 817d
and 817e); and other applicable statutes.
(b) Establishment and composition of the Commission. The Commission
was established as an independent agency by Reorganization Plan No. 7
of 1961, effective August 12, 1961, and is composed of five
Commissioners (``Commissioners'' or ``members''), appointed by the
President, by and with the advice and consent of the Senate. Not more
than three Commissioners may be appointed from the same political
party. The President designates one of the Commissioners to be the
Chairman of the Commission (``Chairman'').
(c) Terms and vacancies. The term of each member of the Commission
is 5 years and begins when the term of the predecessor of that member
ends (i.e., on June 30 of each successive year), except that, when the
term of office of a member ends, the member may continue to serve until
a successor is appointed and qualified. A vacancy in the office of any
Commissioner shall be filled in the same manner as the original
appointment, except that any person chosen to fill a vacancy shall be
appointed only for the unexpired term of the Commissioner whom he or
she
[[Page 81750]]
succeeds. Each Commissioner shall be removable by the President for
inefficiency, neglect of duty, or malfeasance in office.
(d) Quorum. A vacancy or vacancies in the Commission shall not
impair the power of the Commission to execute its functions. The
affirmative vote of a majority of the members of the Commission is
required to dispose of any matter before the Commission. For purposes
of holding a formal meeting for the transaction of the business of the
Commission, the actual presence of two Commissioners shall be
sufficient. Proxy votes of absent members shall be permitted.
(e) Meetings; records; rules and regulations. The Commission shall,
through its Secretary, keep a true record of all its meetings and the
yea-and-nay votes taken therein on every action and order approved or
disapproved by the Commission. In addition to or in aid of its
functions, the Commission adopts rules and regulations in regard to its
powers, duties and functions under the shipping statutes it
administers.
Sec. 501.3 Organizational components of the Federal Maritime
Commission.
The major organizational components of the Commission are set forth
in the Organization Chart attached as Appendix A to this part. An
outline table of the components/functions follows:
(a) Office of the Chairman of the Federal Maritime Commission.
(Chief Executive and Administrative Officer; FOIA and Privacy Act
Appeals Officer.)
(1) Information Security Officer.
(2) Designated Agency Ethics Official.
(b) Offices of the Members of the Federal Maritime Commission.
(c) Office of the Secretary. (FOIA and Privacy Act Officer; Federal
Register Liaison.)
(d) Office of the General Counsel. (Ethics Official; Chair,
Permanent Task Force on International Affairs.)
(e) Office of Administrative Law Judges.
(f) Office of Equal Employment Opportunity.
(g) Office of the Inspector General.
(h) Office of the Executive Director. (Chief Operating Officer;
Designated Senior IRM Official; Senior Procurement Executive; Audit
Followup and Management Controls; Chief Information Officer; Chief
Financial Officer.)
(1) Office of Information Resources Management. (Senior IRM
Manager; Computer Security; Forms Control; Records Management.)
(2) Office of Budget and Financial Management.
(3) Office of Human Resources.
(4) Office of Management Services (Physical Security; FMC
Contracting Officer).
(i) Bureau of Consumer Complaints and Licensing (Dispute Resolution
Specialist).
(1) Office of Consumer Complaints.
(2) Office of Passenger Vessels & Information Processing.
(3) Office of Transportation Intermediaries.
(j) Bureau of Enforcement. (Area Representatives.)
(k) Bureau of Trade Analysis.
(1) Office of Agreements.
(2) Office of Economics & Competition Analysis.
(3) Office of Service Contracts & Tariffs.
(l) Boards and Committees.
(1) Executive Resources Board.
(2) Performance Review Board.
Sec. 501.4 Lines of responsibility.
(a) Chairman. The Office of the Secretary, the Office of the
General Counsel, the Office of Administrative Law Judges, the Office of
Equal Employment Opportunity, the Office of the Inspector General, the
Office of the Executive Director, and officials performing the
functions of Information Security Officer and Designated Agency Ethics
Official, report to the Chairman of the Commission.
(b) Office of the Executive Director. The Bureau of Consumer
Complaints and Licensing, Bureau of Enforcement, Bureau of Trade
Analysis, and the Office of Budget and Financial Management, Office of
Human Resources, Office of Information Resources Management, and Office
of Management Services report to the Office of the Executive Director.
The Office of Equal Employment Opportunity and the Office of the
Inspector General receive administrative assistance from the Executive
Director. All other units of the Commission receive administrative
guidance from the Executive Director.
(c) Bureau of Enforcement and Area Representatives. The Area
Representatives report to the Director, Bureau of Enforcement.
Sec. 501.5 Functions of the organizational components of the Federal
Maritime Commission.
As further provided in subpart C of this part, the functions,
including the delegated authority of the Commission's organizational
components and/or officials to exercise their functions and to take all
actions necessary to direct and carry out their assigned duties and
responsibilities under the lines of responsibility set forth in
Sec. 501.4, are briefly set forth as follows:
(a) Chairman. As the chief executive and administrative officer of
the Commission, the Chairman presides at meetings of the Commission,
administers the policies of the Commission to its responsible
officials, and ensures the efficient discharge of their
responsibilities. The Chairman provides management direction to the
Offices of Equal Employment Opportunity, Inspector General, Secretary,
General Counsel, Administrative Law Judges, and Executive Director with
respect to all matters concerning overall Commission workflow, resource
allocation (both staff and budgetary), work priorities and similar
managerial matters; and establishes, as necessary, various committees
and boards to address overall operations of the agency. The Chairman
serves as appeals officer under the Freedom of Information Act, the
Privacy Act, and the Federal Activities Inventory Reform Act of 1998.
The Chairman appoints the heads of major administrative units after
consultation with the other Commissioners. In addition, the Chairman,
as ``head of the agency,'' has certain responsibilities under Federal
laws and directives not specifically related to shipping. For example,
the special offices or officers within the Commission, listed under
paragraphs (a)(1) through (a)(4) of this section, are appointed or
designated by the Chairman, are under his or her direct supervision and
report directly to the Chairman:
(1) Under the direction and management of the Office Director, the
Office of Equal Employment Opportunity (``EEO'') ensures that statutory
and regulatory prohibitions against discrimination in employment and
the requirements for related programs are fully implemented. As such,
the Office administers and implements comprehensive programs on
discrimination complaints processing, affirmative action and special
emphasis. The Director, EEO, advises the Chairman regarding EEO's
plans, procedures, regulations, reports and other matters pertaining to
policy and the agency's programs. Additionally, the Director provides
leadership and advice to managers and supervisors in carrying out their
respective responsibilities in equal employment opportunity. The Office
administers and implements these program responsibilities in accordance
with Equal Employment Opportunity Commission (``EEOC'') Regulations at
29
[[Page 81751]]
CFR Part 1614 and other relevant EEOC Directives and Bulletins.
(2) Under the direction and management of the Inspector General,
the Office of Inspector General conducts, supervises and coordinates
audits and investigations relating to the programs and operations of
the Commission; reviews existing and proposed legislation and
regulations pertaining to such programs and operations; provides
leadership and coordination and recommends policies for activities
designed to promote economy, efficiency, and effectiveness in the
administration of, and to prevent and detect waste, fraud and abuse in,
such programs and operations; and advises the Chairman and the Congress
fully and currently about problems and deficiencies relating to the
administration of such programs and operations and the necessity for
and progress of corrective action.
(3) The Information Security Officer is a senior agency official
designated under Sec. 503.52 of this chapter to direct and administer
the Commission's information security program, which includes an active
oversight and security education program to ensure effective
implementation of Executive Orders 12958 and 12968.
(4) The Designated Agency Ethics Official and Alternate are
appropriate agency employees formally designated under 5 CFR 2638.202
and Sec. 508.101 of this chapter to coordinate and manage the ethics
program as set forth in 5 CFR 2638.203, which includes the functions of
advising on matters of employee responsibilities and conduct, and
serving as the Commission's designee(s) to the Office of Government
Ethics on such matters. They provide counseling and guidance to
employees on conflicts of interest and other ethical matters.
(b) Commissioners. The members of the Commission, including the
Chairman, implement various shipping statutes and related directives by
rendering decisions, issuing orders, and adopting and enforcing rules
and regulations governing persons subject to the shipping statutes; and
perform other duties and functions as may be appropriate under
reorganization plans, statutes, executive orders, and regulations.
(c) Secretary. Under the direction and management of the Secretary,
the Office of the Secretary:
(1) Is responsible for the preparation, maintenance and disposition
of the official files and records documenting the business of the
Commission. In this regard, the Office:
(i) Prepares and, as appropriate, publishes agenda of matters for
action by the Commission, prepares and maintains the minutes with
respect to such actions; signs, serves and issues, on behalf of the
Commission, documents implementing such actions, and coordinates
follow-up thereon.
(ii) Receives and processes formal and informal complaints
involving alleged statutory violations, petitions for relief, special
dockets applications, applications to correct clerical or
administrative errors in service contracts, requests for conciliation
service, staff recommendations for investigation and rulemaking
proceedings, and motions and filings relating thereto.
(iii) Disseminates information regarding the proceedings,
activities, functions, and responsibilities of the Commission to the
maritime industry, news media, general public, and other government
agencies. In this capacity the Office also:
(A) Administers the Commission's Freedom of Information Act,
Privacy Act and Government in the Sunshine Act responsibilities; the
Secretary serves as the Freedom of Information Act and Privacy Act
Officer.
(B) Authenticates records of the Commission.
(C) Receives and responds to subpoenas directed to Commission
personnel and/or records.
(D) Compiles and publishes the bound volumes of Commission
decisions.
(E) Coordinates publication of documents, including rules and
modifications thereto with the Office of the Federal Register; the
Secretary serves as the Federal Register Liaison Officer and Certifying
Officer.
(F) Oversees the content and organization of the Commission's web
site and authorizes the publication of documents thereon.
(2) Through the Secretary and, in the absence or preoccupation of
the Secretary, through the Assistant Secretary, administers oaths
pursuant to 5 U.S.C. 2903(b).
(3) Manages the Commission's library and related services.
(d) General Counsel. Under the direction and management of the
General Counsel, the Office of the General Counsel:
(1) Reviews for legal sufficiency all staff memoranda and
recommendations that are presented for Commission action and staff
actions acted upon pursuant to delegated authority under
Secs. 501.26(e) and 501.26(g).
(2) Provides written or oral legal opinions to the Commission, to
the staff, and to the general public in appropriate cases.
(3) Prepares and/or reviews for legal sufficiency, before service,
all final Commission decisions, orders, and regulations.
(4) Monitors, reviews and, as requested by the Committees of the
Congress, the Office of Management and Budget, or the Chairman,
prepares comments on all legislation introduced in the Congress
affecting the Commission's programs or activities, and prepares draft
legislation or amendments to legislation; coordinates such matters with
the appropriate Bureau, Office or official and advises appropriate
Commission officials of legislation which may impact the programs and
activities of the Commission. Also prepares testimony for Congressional
hearings and responses to requests from Congressional offices.
(5) Serves as the legal representative of the Commission in courts
and in administrative proceedings before other Government agencies.
(6) Monitors and reports on international maritime developments,
including laws and practices of foreign governments which affect ocean
shipping; and identifies potential state-controlled carriers within the
meaning of section 3(8) of the Shipping Act of 1984, researches their
status, and makes recommendations to the Commission concerning their
classification.
(7) Represents the Commission in U.S. Government interagency groups
dealing with international maritime issues; serves as a technical
advisor on regulatory matters in bilateral and multilateral maritime
discussions; and coordinates Commission activities through liaison with
other Government agencies and programs and international organizations.
(8) Screens, routes, and maintains custody of U.S. Government and
international organization documents, subject to the classification and
safekeeping controls administered by the Commission's Information
Security Officer.
(9) Reviews for legal sufficiency all adverse personnel actions,
procurement activities, Freedom of Information Act and Privacy Act
matters and other administrative actions.
(10) The General Counsel, or a person designated by the General
Counsel, serves as the Chair of the Permanent Task Force on
International Affairs.
(e) Administrative Law Judges. Under the direction and management
of the Chief Administrative Law Judge, the Office of Administrative Law
Judges holds hearings and renders initial or recommended decisions in
formal rulemaking and adjudicatory
[[Page 81752]]
proceedings as provided in the Shipping Act of 1984, and other
applicable laws and other matters assigned by the Commission, in
accordance with the Administrative Procedure Act and the Commission's
Rules of Practice and Procedure.
(f) The Office of the Executive Director.
(1) The Executive Director:
(i) As senior staff official, is responsible to the Chairman for
the management and coordination of Commission programs managed by the
operating Bureaus of Enforcement; Consumer Complaints and Licensing;
and Trade Analysis, as more fully described in paragraphs (g) through
(i) of this section, and thereby implements the regulatory policies of
the Commission and the administrative policies and directives of the
Chairman;
(ii) Provides administrative guidance to all units of the
Commission other than the operating bureaus listed in paragraph (f)(1)
of this section, except the Offices of Equal Employment Opportunity and
the Inspector General, which are provided administrative assistance;
(iii) Is the agency's Senior Procurement Executive under 41 U.S.C.
414(3) and Commission Order No. 112;
(iv) Is the Designated Senior Information Resources Management
Official under 44 U.S.C. 501-520 and 3501-3520 and Commission Order No.
117;
(v) Is the Audit Follow-up and Management (Internal) Controls
Official for the Commission under Commission Orders 103 and 106; and
(vi) Is the agency's Chief Operating Officer, as appointed by the
Chairman in response to the President's October 1, 1993, memorandum on
management reform.
(vii) The Deputy Executive Director is the Commission's Chief
Financial Officer.
(2) The Office of the Executive Director ensures the periodic
review and updating of Commission orders. Under the direction and
management of the Executive Director, the Office of the Executive
Director is responsible for the management and coordination of the
Offices of: Information Resources Management; Management Services;
Budget and Financial Management; and Human Resources. The Office of the
Executive Director provides administrative support to the program
operations of the Commission. The Executive Director interprets
governmental policies and programs and administers these in a manner
consistent with Federal guidelines, including those involving
information resources, procurement, financial management and personnel.
The Office initiates recommendations, collaborating with other elements
of the Commission as warranted, for long-range plans, new or revised
policies and standards, and rules and regulations, with respect to its
program activities. The Executive Director is responsible for directing
and administering the Commission's training and development function.
The Deputy Executive Director is the Commission's Competition Advocate
under 41 U.S.C. 418(a) and Commission Order No. 112, as well as the
Commission's representative to the Small Agency Council. Other programs
are carried out by its Offices, as follows:
(i) The Office of Information Resources Management, under the
direction and management of the Office Director, administers the
Commission's information resources management (``IRM'') program under
the Paperwork Reduction Act of 1995, as amended, as well as other
applicable laws which prescribe responsibility for operating the IRM
program. The Office provides administrative support with respect to
information resources management to the program operations of the
Commission. The Office interprets governmental policies and programs
for information management and administers these in a manner consistent
with federal guidelines. The Office initiates recommendations,
collaborating with other elements of the Commission as warranted, for
long range plans, new or revised policies and standards, and rules and
regulations with respect to its program activities. The Office's
functions include: conducting IRM management studies and surveys;
managing data telecommunications; developing and managing databases and
applications; coordinating records management activities; administering
IRM contracts; and developing Paperwork Reduction Act clearances for
submission to the Office of Management and Budget. The Office is also
responsible for managing the computer security and the records and
forms programs. The Director of the Office serves as Senior IRM
Manager, Forms Control Officer, Computer Security Officer, and Records
Management Officer.
(ii) The Office of Management Services, under the direction and
management of the Office Director, directs and administers a variety of
management support service functions of the Commission. The Director of
the Office is the Commission's principal Contracting Officer under
Commission Order No. 112. Programs include communications; audio and
voice telecommunications; procurement of and contracting for
administrative goods and services, including the utilization of small
and disadvantaged businesses; management of property, space, printing
and copying; mail and records services; forms and graphic designs;
facilities and equipment maintenance; and transportation.
(iii) The Office of Budget and Financial Management, under the
direction and management of the Office Director, administers the
Commission's financial management program, including fiscal accounting
activities, fee and forfeiture collections, and payments, and ensures
that Commission obligations and expenditures of appropriated funds are
proper; develops annual budget justifications for submission to the
Congress and the Office of Management and Budget; develops and
administers internal controls systems that provide accountability for
agency funds; administers the Commission's travel and cash management
programs, as well as the Commission's Imprest Funds; ensures
accountability for official passports; and assists in the development
of proper levels of user fees.
(iv) The Office of Human Resources, under the direction and
management of the Office Director, plans and administers a complete
personnel management program including: recruitment and placement;
position classification and pay administration; occupational safety and
health; employee counseling services; employee relations; workforce
discipline; performance appraisal; incentive awards; retirement; and
personnel security.
(g) The Bureau of Trade Analysis, under the direction and
management of the Bureau Director, through its Office of Agreements;
Office of Economics and Competition Analysis; and Office of Service
Contracts and Tariffs, reviews agreements and monitors the concerted
activities of common carriers by water, reviews and analyzes service
contracts, monitors rates of government controlled carriers, reviews
carrier published tariff systems under the accessibility and accuracy
standards of the Shipping Act of 1984, responds to inquiries or issues
that arise concerning service contracts or tariffs, and is responsible
for competition oversight and market analysis.
(h) The Bureau of Consumer Complaints and Licensing, under the
direction and management of the Bureau Director:
(1) Through the Office of Consumer Complaints, has responsibility
for
[[Page 81753]]
developing and implementing the Alternative Disputes Resolution
Program, responds to consumer inquiries and complaints, and coordinates
the Commission's efforts to resolve disputes within the shipping
industry. The Deputy Bureau Director is designated as the agency
Dispute Resolution Specialist pursuant to section 3 of the
Administrative Dispute Resolution Act of 1996, Pub. L. 104-320.
(2) Through the Office of Transportation Intermediaries, has
responsibility for reviewing applications for Ocean Transportation
Intermediary (``OTI'') licenses, and maintaining records about
licensees.
(3) Through the Office of Passenger Vessels and Information
Processing, has responsibility for reviewing applications for
certificates of financial responsibility with respect to passenger
vessels, managing all activities with respect to evidence of financial
responsibility for OTIs and passenger vessel owner/operators, and for
developing and maintaining all Bureau databases and records of OTI
applicants and licensees.
(i) Bureau of Enforcement; Area Representatives. Under the
direction and management of the Bureau Director, the Bureau of
Enforcement:
(1) Participates as trial counsel in formal Commission proceedings
when designated by Commission order, or when intervention is granted;
(2) Initiates, processes and negotiates the informal compromise of
civil penalties under Sec. 501.28 of this part and Sec. 502.604 of this
chapter, and represents the Commission in proceedings and circumstances
as designated;
(3) Acts as staff counsel to the Executive Director and other
bureaus and offices;
(4) Coordinates with other bureaus and offices to provide legal
advice, attorney liaison, and prosecution, as warranted, in connection
with enforcement matters;
(5) Conducts investigations leading to enforcement action, advises
the Federal Maritime Commission of evolving competitive practices in
international commerce, assesses the practical repercussions of
Commission regulations, educates the industry regarding policy and
statutory requirements, and provides liaison, cooperation, and other
coordination between the Commission and the maritime industry,
shippers, and other government agencies; and
(6) Maintains a presence in locations other than Washington, D.C.
through Area Representatives whose activities include the following:
(i) Representing the Commission within their respective geographic
areas;
(ii) Providing liaison between the Commission and the shipping
industry and interested public; conveying pertinent information
regarding regulatory activities and problems; and recommending courses
of action and solutions to problems as they relate to the shipping
public, the affected industry, and the Commission;
(iii) Furnishing to interested persons information, advice, and
access to Commission public documents;
(iv) Receiving and resolving informal complaints, in coordination
with the Director, Office of Consumer Complaints;
(v) Investigating potential violations of the shipping statutes and
the Commission's regulations;
(vi) Conducting shipping industry surveillance programs to ensure
compliance with the shipping statutes and Commission regulations. Such
programs include common carrier audits, service contract audits and
compliance checks of ocean transportation intermediaries;
(vii) Upon request of the Bureau of Consumer Complaints and
Licensing, auditing passenger vessel operators to determine the
adequacy of performance bonds and the availability of funds to pay
liability claims for death or injury, and assisting in the background
surveys of ocean transportation intermediary applicants;
(viii) Conducting special surveys and studies, and recommending
policies to strengthen enforcement of the shipping laws;
(ix) Maintaining liaison with Federal and State agencies with
respect to areas of mutual concern; and
(x) Providing assistance to the various bureaus and offices of the
Commission as appropriate and when requested.
(j) Boards and Committees. The following boards and committees are
established by separate Commission orders to address matters relating
to the overall operations of the Commission:
(1) The Executive Resources Board is comprised of three voting
members, chosen from the ranks of those above the grade 15 level, with
the majority being career members of the Senior Executive Service. The
members serve staggered terms of three years, beginning October 1 of
each year; the member serving in the last year of his/her term serves
as Chairman. The board meets on an ad hoc basis to discuss, develop and
submit recommendations to the Chairman on matters related to the merit
staffing process for career appointments in the Senior Executive
Service, including the executive qualifications of candidates for
career appointment. The board also plans and manages the Commission's
executive development programs. Serving the board in a non-voting
advisory capacity are the Director, Office of Equal Employment
Opportunity, the Training Officer, and the Director, Office of Human
Resources, who also serves as the board's secretary. Commission Order
No. 95.
(2) The Performance Review Board is chaired by a Commissioner
designated by the Chairman, and is composed of a standing register of
members which is published in the Federal Register. Once a year, the
PRB Chairman appoints performance review panels from the membership to
review individual performance appraisals and other relevant information
pertaining to Senior Executives at the Commission, and to recommend
final performance ratings to the Chairman. Commission Order No. 115.
Every three years, the PRB considers supervisors' recommendations as to
whether Senior Executives of the Commission should be recertified under
the Ethics Reform Act of 1989, and makes appropriate recommendations to
the Commission's Chairman. Commission Order No. 118.
Subpart B--Official Seal
Sec. 501.11 Official seal.
(a) Description. Pursuant to section 201(c) of the Merchant Marine
Act, 1936, as amended (46 U.S.C. app. 1111(c)), the Commission
prescribes its official seal, as adopted by the Commission on August
14, 1961, which shall be judicially noticed. The design of the official
seal is described as follows:
(1) A shield argent paly of six gules, a chief azure charged with a
fouled anchor or; shield and anchor outlined of the third; on a wreath
argent and gules, an eagle displayed proper; all on a gold disc within
a blue border, encircled by a gold rope outlined in blue, and bearing
in white letters the inscription ``Federal Maritime Commission'' in
upper portion and ``1961'' in lower portion.
(2) The shield and eagle above it are associated with the United
States of America and denote the national scope of maritime affairs.
The outer rope and fouled anchor are symbolic of seamen and waterborne
transportation. The date ``1961'' has historical significance,
indicating the year in which the Commission was created.
(b) Design.
[[Page 81754]]
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Subpart C--Delegation and Redelegation of Authorities
Sec. 501.21 Delegation of authorities.
(a) Authority and delegation. Section 105 of Reorganization Plan
No. 7 of 1961, August 12, 1961, authorizes the Commission to delegate,
by published order or rule, any of its functions to a division of the
Commission, an individual Commissioner, an administrative law judge, or
an employee or employee board, including functions with respect to
hearing, determining, ordering, certifying, reporting or otherwise
acting as to any work, business or matter. In subpart A of this part,
the Commission has delegated general functions, and in this subpart C,
it is delegating miscellaneous, specific authorities set forth in
Secs. 501.23, et seq., to the delegatees designated therein, subject to
the limitations prescribed in subsequent subsections of this section.
(b) Deputies. Where bureau or office deputies are officially
appointed, they are hereby delegated all necessary authority to act in
the absence or incapacity of the director or chief.
(c) Redelegation. Subject to the limitations in this section, the
delegatees may redelegate their authorities to subordinate personnel
under their supervision and direction; but only if this subpart is
amended to reflect such redelegation and notice thereof is published in
the Federal Register. Under any redelegated authority, the redelegator
assumes full responsibility for actions taken by subordinate
redelegatees.
(d) Exercise of authority; policy and procedure. The delegatees and
redelegatees shall exercise the authorities delegated or redelegated in
a manner consistent with applicable laws and the established policies
of the Commission, and shall consult with the General Counsel where
appropriate.
(e) Exercise of delegated authority by delegator. Under any
authority delegated or redelegated, the delegator (Commission), or the
redelegator, respectively, shall retain full rights to exercise the
authority in the first instance.
(f) Review of delegatee's action. The delegator (Commission) or
redelegator of authority shall retain a discretionary right to review
an action taken under delegated authority by a subordinate delegatee,
either upon the filing of a written petition of a party to, or an
intervenor in, such action; or upon the delegator's or redelegator's
own initiative.
(1) Petitions for review of actions taken under delegated authority
shall be filed within ten (10) calendar days of the action taken:
(i) If the action for which review is sought is taken by a
delegatee, the petition shall be addressed to the Commission pursuant
to Sec. 502.69 of this chapter.
(ii) If the action for which review is sought is taken by a
redelegatee, the petition shall be addressed to the redelegator whose
decision can be further reviewed by the Commission under paragraph
(f)(1)(i) of this section, unless the Commission decides to review the
matter directly, such as, for example, in the incapacity of the
redelegator.
(2) The vote of a majority of the Commission less one member
thereof shall be sufficient to bring any delegated action before the
Commission for review under this paragraph.
(g) Action--when final. Should the right to exercise discretionary
review be declined or should no such review be sought under paragraph
(f) of this section, then the action taken under delegated authority
shall, for all purposes, including appeal or review thereof, be deemed
to be the action of the Commission.
(h) Conflicts. Where the procedures set forth in this section
conflict with law or any regulation of this chapter, the conflict shall
be resolved in favor of the law or other regulation.
Sec. 501.22 [Reserved].
Sec. 501.23 Delegation to the General Counsel.
The authority listed in this section is delegated to the General
Counsel: Authority to classify carriers as state-controlled carriers
within the meaning of section 3(8) of the Shipping Act of 1984, except
where a carrier submits a rebuttal statement pursuant to Sec. 565.3(b)
of this chapter.
Sec. 501.24 Delegation to the secretary.
The authorities listed in this section are delegated to the
Secretary (and, in the absence or preoccupation of the Secretary, to
the Assistant Secretary).
(a) Authority to approve applications for permission to practice
before the Commission and to issue admission certificates to approved
applicants.
(b) Authority to extend the time to file exceptions or replies to
exceptions, and the time for Commission review, relative to initial
decisions of administrative law judges and decisions of Special Dockets
Officers.
(c) Authority to extend the time to file appeals or replies to
appeals, and the time for Commission review, relative to dismissals of
proceedings, in whole or in part, issued by administrative law judges.
(d) Authority to establish and extend or reduce the time:
(1) To file documents either in docketed proceedings or relative to
petitions filed under part 502 of this chapter, which are pending
before the Commission itself; and
(2) To issue initial and final decisions under Sec. 502.61 of this
chapter.
(e) Authority to prescribe a time limit for the submission of
written comments
[[Page 81755]]
with reference to agreements filed pursuant to section 5 of the
Shipping Act of 1984.
(f) Authority, in appropriate cases, to publish in the Federal
Register notices of intent to prepare an environmental assessment and
notices of finding of no significant impact.
(g) Authority to prescribe a time limit less than ten days from
date published in the Federal Register for filing comments on notices
of intent to prepare an environmental assessment and notice of finding
of no significant impact and authority to prepare environmental
assessments of no significant impact.
(h) Authority, in the absence or preoccupation of the Executive
Director and Deputy Executive Director, to sign travel orders,
nondocketed recommendations to the Commission, and other routine
documents for the Executive Director, consistent with the programs,
policies, and precedents established by the Commission or the Executive
Director.
Sec. 501.25 Delegation to and redelegation by the Executive Director.
Except where specifically redelegated in this section, the
authorities listed in this section are delegated to the Executive
Director.
(a) Authority to adjudicate, with the concurrence of the General
Counsel, and authorize payment of, employee claims for not more than
$1,000.00, arising under the Military and Civilian Personnel Property
Act of 1964, 31 U.S.C. 3721.
(b) Authority to determine that an exigency of the public business
is of such importance that annual leave may not be used by employees to
avoid forfeiture before annual leave may be restored under 5 U.S.C.
6304.
(c)(1) Authority to approve, certify, or otherwise authorize those
actions dealing with appropriations of funds made available to the
Commission including allotments, fiscal matters, and contracts relating
to the operation of the Commission within the laws, rules, and
regulations set forth by the Federal Government.
(2) The authority under this paragraph is redelegated to the
Director, Office of Budget and Financial Management.
(d)(1) Authority to classify all positions GS-1 through GS-15 and
wage grade positions.
(2) The authority under this paragraph is redelegated to the
Director, Office of Human Resources.
Sec. 501.26 Delegation to the Director, Bureau of Trade Analysis.
The authorities listed in this section are delegated to the
Director, Bureau of Trade Analysis.
(a) Authority to determine that no action should be taken to
prevent an agreement or modification to an agreement from becoming
effective under section 6(c)(1), and to shorten the review period under
section 6(e), of the Shipping Act of 1984, when the agreement or
modification involves solely a restatement, clarification or change in
an agreement which adds no new substantive authority beyond that
already contained in an effective agreement. This category of agreement
or modification includes, for example, the following: A restatement
filed to conform an agreement to the format and organization
requirements of part 535 of this chapter; a clarification to reflect a
change in the name of a country or port or a change in the name of a
party to the agreement; a correction of typographical or grammatical
errors in the text of an agreement; a change in the title of persons or
committees designated in an agreement; or a transfer of functions from
one person or committee to another.
(b) Authority to grant or deny applications filed under
Sec. 535.406 of this chapter for waiver of the form, organization and
content requirements of Secs. 535.401, 535.402, 535.403, 535.404 and
535.405 of this chapter.
(c) Authority to grant or deny applications filed under
Sec. 535.505 of this chapter for waiver of the information form
requirements of Secs. 535.503 and 535.504 of this chapter.
(d) Authority to grant or deny applications filed under
Sec. 535.709 of this chapter for waiver of the reporting and record
retention requirements of Secs. 535.701, 535.702, 535.703, 535.704,
535.705, 535.706, 535.707 and 535.708 of this chapter.
(e) Authority to determine that no action should be taken to
prevent an agreement or modification of an agreement from becoming
effective under section 6(c)(1) of the Shipping Act of 1984 for all
unopposed agreements and modifications to agreements which will not
result in a significant reduction in competition. Agreements which are
deemed to have the potential to result in a significant reduction in
competition and which, therefore, are not covered by this delegation
include but are not limited to:
(1) New agreements authorizing the parties to collectively discuss
or fix rates (including terminal rates).
(2) New agreements authorizing the parties to pool cargoes or
revenues.
(3) New agreements authorizing the parties to establish a joint
service or consortium.
(4) New equal access agreements.
(f) Authority to grant or deny shortened review pursuant to
Sec. 535.605 of this chapter for agreements for which authority is
delegated in paragraph (e) of this section.
(g) Subject to review by the General Counsel, authority to deny,
but not approve, requests filed pursuant to Sec. 535.605 of this
chapter for a shortened review period for agreements for which
authority is not delegated under paragraph (e) of this section.
(h) Authority to issue notices of termination of agreements which
are otherwise effective under the Shipping Act of 1984, after
publication of notice of intent to terminate in the Federal Register,
when such terminations are:
(1) Requested by the parties to the agreement;
(2) Deemed to have occurred when it is determined that the parties
are no longer engaged in activity under the agreement and official
inquiries and correspondence cannot be delivered to the parties; or
(3) Deemed to have occurred by notification of the withdrawal of
the next to last party to an agreement without notification of the
addition of another party prior to the effective date of the next to
last party's withdrawal.
(i) Authority to determine whether agreements for the use or
operation of terminal property or facilities, or the furnishing of
terminal services, are within the purview of section 5 of the Shipping
Act of 1984.
(j) Authority to request controlled carriers to file justifications
for existing or proposed rates, charges classifications, rules or
regulations, and review responses to such requests for the purpose of
recommending to the Commission that a rate, charge, classification,
rule or regulation be found unlawful and, therefore, requires
Commission action under section 9(d) of the Shipping Act of 1984.
(k) Authority to recommend to the Commission the initiation of
formal proceedings or other actions with respect to suspected
violations of the shipping statutes and rules and regulations of the
Commission.
(l)(1) Authority to approve for good cause or disapprove special
permission applications submitted by common carriers, or conferences of
such carriers, subject to the provisions of section 8 of the Shipping
Act of 1984, for relief from statutory and/or Commission tariff
requirements.
[[Page 81756]]
(2) The authority under this paragraph is redelegated to the
Director, Office of Service Contracts and Tariffs.
(m)(1) Authority to approve or disapprove special permission
applications submitted by a controlled carrier subject to the
provisions of section 9 of the Shipping Act of 1984 for relief from
statutory and/or Commission tariff requirements.
(2) The authority under this paragraph is redelegated to the
Director, Office of Service Contracts and Tariffs, in the Bureau of
Trade Analysis.
(n) Authority contained in Part 530 of this chapter to approve, but
not deny, requests for permission to correct clerical or administrative
errors in the essential terms of filed service contracts.
Sec. 501.27 Delegation to the Director, Bureau of Consumer Complaints
and Licensing.
(a)(1) Authority to:
(i) Approve or disapprove applications for ocean transportation
intermediary licenses; issue or reissue or transfer such licenses; and
approve extensions of time in which to furnish the name(s) and ocean
transportation intermediary experience of the managing partner(s) or
officer(s) who will replace the qualifying partner or officer upon
whose qualifications the original licensing was approved;
(ii) Issue a letter stating that the Commission intends to deny an
ocean transportation intermediary application, unless within 20 days,
applicant requests a hearing to show that denial of the application is
unwarranted; deny applications where an applicant has received such a
letter and has not requested a hearing within the notice period; and
rescind, or grant extensions of, the time specified in such letters;
(iii) Revoke the license of an ocean transportation intermediary
upon the request of the licensee;
(iv) Upon receipt of notice of cancellation of any instrument
evidencing financial responsibility, notify the licensee in writing
that its license will automatically be suspended or revoked, effective
on the cancellation date of such instrument, unless new or reinstated
evidence of financial responsibility is submitted and approved prior to
such date, and subsequently order such suspension or revocation for
failure to maintain proof of financial responsibility;
(v) Revoke the ocean transportation intermediary license of a non-
vessel-operating common carrier not in the United States for failure to
designate and maintain a person in the United States as legal agent for
the receipt of judicial and administrative process;
(vi) Approve changes in an existing licensee's organization; and
(vii) Return any application which on its face fails to meet the
requirements of the Commission's regulations, accompanied by an
explanation of the reasons for rejection.
(2) The authorities contained in paragraphs (a)(1)(iii) and
(a)(1)(iv) of this section are redelegated to the Director, Office of
Transportation Intermediaries, in the Bureau of Consumer Complaints and
Licensing.
(b) Authority to:
(1) Approve applications for Certificates (Performance) and
Certificates (Casualty) for passenger vessels, evidenced by a surety
bond, guaranty or insurance policy, or combination thereof; and issue,
reissue, or amend such Certificates;
(2) Issue a written notice to an applicant stating intent to deny
an application for a Certificate (Performance) and/or (Casualty),
indicating the reason therefor, and advising applicant of the time for
requesting a hearing as provided for under Sec. 540.26(c) of this
chapter; deny any application where the applicant has not submitted a
timely request for a hearing; and rescind such notices and grant
extensions of the time within which a request for hearing may be filed;
(3) Issue a written notice to a certificant stating that the
Commission intends to revoke, suspend, or modify a Certificate
(Performance) and/or (Casualty), indicating the reason therefor, and
advising of the time for requesting a hearing as provided for under
Sec. 540.26(c) of this chapter; revoke, suspend or modify a Certificate
(Performance) and/or (Casualty) where the certificant has not submitted
a timely request for hearing; and rescind such notices and grant
extensions of time within which a request for hearing may be filed;
(4) Revoke a Certificate (Performance) and/or (Casualty) which has
expired, and/or upon request of, or acquiescence by, the certificant;
and
(5) Notify a certificant when a Certificate (Performance) and/or
(Casualty) has become null and void in accordance with Secs. 540.8(a)
and 540.26(a) of this chapter.
(c) Authority to approve amendments to escrow agreements filed
under Sec. 540.5(b) when such amendments are for the purpose of
changing names of principals, changing the vessels covered by the
escrow agreement, changing the escrow agent, and changing the amount of
funds held in escrow, provided that the changes in amount of funds
results in an amount of coverage that complies with the requirements in
the introductory text of Sec. 540.5.
Sec. 501.28 Delegation to the Director, Bureau of Enforcement.
The authorities listed in this section are delegated to the
Director, Bureau of Enforcement. Notwithstanding the provisions of
Sec. 501.21, the Director may delegate or redelegate, in writing,
specific authority to individuals within the Bureau of Enforcement
other than the Deputy Director.
(a) Authority to compromise civil penalty claims has been delegated
to the Director, Bureau of Enforcement, by Sec. 502.604(g) of this
chapter. This delegation shall include the authority to compromise
issues relating to the retention, suspension or revocation of ocean
transportation intermediary licenses.
(b) Authority to approve administrative leave for Area
Representatives.
Subpart D--Public Requests for Information
Sec. 501.41 Public requests for information and decisions.
(a) General. Pursuant to 5 U.S.C. 552(a)(1)(A), there is hereby
stated and published for the guidance of the public the established
places at which, the officers from whom, and the methods whereby, the
public may secure information, make submittals or requests, or obtain
decisions, principally by contacting by telephone, in writing, or in
person, either the Secretary of the Commission at the Federal Maritime
Commission, 800 North Capitol Street, NW., Washington, DC 20573, or the
Area Representatives listed in paragraph (d) of this section. See also
Part 503 of this chapter.
(b) The Secretary will provide information and decisions, and will
accept and respond to requests, relating to the program activities of
the Office of the Secretary and of the Commission, generally. Unless
otherwise provided in this chapter, any document, report, or other
submission required to be filed with the Commission by statute or the
Commission's rules and regulations relating to the functions of the
Commission or of the Office of the Secretary shall be filed with or
submitted to the Secretary.
(c) The Directors of the following bureaus and offices will provide
information and decisions, and will accept and respond to requests,
relating to the specific functions or program activities of their
respective bureaus and offices as set forth in this chapter; but only
if the dissemination of such
[[Page 81757]]
information or decisions is not prohibited by statute or the
Commission's Rules of Practice and Procedure:
(1) Office of the General Counsel
(2) Office of the Administrative Law Judges
(3) Office of the Executive Director
(4) Office of the Inspector General
(5) Office of Equal Employment Opportunity
(6) Bureau of Enforcement
(7) Bureau of Trade Analysis
(8) Bureau of Consumer Complaints and Licensing
(9) Office of Management Services
(10) Office of Human Resources
(11) Office of Budget and Financial Management
(12) Office of Information Resources Management
(13) Office of Consumer Complaints
(d) The Area Representatives will provide information and decisions
to the public within their geographic areas, or will expedite the
obtaining of information and decisions from headquarters. The addresses
of these Area Representatives are as follows. Further information on
Area Representatives, including Internet e-mail addresses, can be
obtained on the Commission's home page at ``http://www.fmc.gov.''
Los Angeles
Los Angeles Area Representative, U.S. Customs House Building, P.O. Box
3164, 300 S. Ferry Street, Room 1018, Terminal Island Station, San
Pedro, CA 90731
Miami
Miami Area Representative, Customs Management Center, 909 SE, 1st Ave.,
Room 705, Miami, FL 33131
New Orleans
New Orleans Area Representative, U.S. Customs House, 423 Canal Street,
Room 309B, New Orleans, LA 70130
New York
New York Area Representative, P.O. Box 3461, Church Street Station, New
York, NY 10008
Seattle
Seattle Area Representative, c/o U.S. Customs Service, 7 South Nevada
Street, Suite 100, Seattle, WA 98134
(e) Submissions to bureaus and offices. Any document, report or
other submission required to be filed with the Commission by statute or
the Commission's rules and regulations relating to the specific
functions of the bureaus and offices shall be filed with or submitted
to the Director of such Bureau or Office.
[[Page 81758]]
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[[Page 81759]]
PART 502--RULES OF PRACTICE AND PROCEDURE
1. The authority citation is revised 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. 1114(b), 1705, 1707-
1711, 1713-1716; E.O. 11222 of May 8, 1965 (30 FR 6469); 21 U.S.C.
853a; Pub. L. 89-777 (46 U.S.C. app. 817d, 817e); and Pub. L. 105-
258, 112 Stat. 1902.
2. Sec. 502.44, revise paragraph (c) to read as follows:
Sec. 502.44 Necessary and proper parties in certain complaint
proceedings.
* * * * *
(c) If complaint is made with respect to an agreement filed under
section 5(a) of the Shipping Act of 1984, the parties to the agreement
shall be made respondents. (Rule 44).
3. In Sec. 502.68, revise the fourth sentence of paragraph (b) to
read as follows:
Sec. 502.68 Declaratory orders and fees.
* * * * *
(b) * * * Such matters must be adjudicated either by filing of a
complaint under section 11 of the Shipping Act of 1984 and Sec. 502.62,
or by filing of a petition for investigation under Sec. 502.69.
* * * * *
4. In Sec. 502.271, revise paragraph (f)(1) to read as follows:
Sec. 502.271 Special docket application for permission to refund or
waive freight charges.
* * * * *
(f)(1) The Secretary in his discretion shall either forward an
application to the Office of Consumer Complaints, in the Bureau of
Consumer Complaints and Licensing, for assignment to a Special Dockets
Officer, or assign an application to the Office of Administrative Law
Judges. Authority to issue decisions under this subpart is delegated to
the assigned Special Dockets Officer or Administrative Law Judge.
* * * * *
5. In Sec. 502.301, revise paragraph (b) to read as follows:
Sec. 502.301 Statement of policy.
* * * * *
(b) With the consent of both parties, claims filed under this
subpart in the amount of $10,000 or less will be referred to the Office
of Consumer Complaints, in the Bureau of Consumer Complaints and
Licensing, for assignment to and decision by a Settlement Officer
without the necessity of formal proceedings under the rules of this
part. Authority to issue decisions under this subpart is delegated to
the assigned Settlement Officer.
6. In Appendix A to Subpart W, remove the phrase ``and the Shipping
Act, 1916.''
Bryant L. VanBrakle,
Secretary.
[FR Doc. 00-32819 Filed 12-26-00; 8:45 am]
BILLING CODE 6730-01-P