Agency Reorganization and Delegations of Authority, 7659-7669 [05-2918]

Agencies

• Federal Maritime Commission

[Federal Register Volume 70, Number 30 (Tuesday, February 15, 2005)]
[Rules and Regulations]
[Pages 7659-7669]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2918]


=======================================================================
-----------------------------------------------------------------------

FEDERAL MARITIME COMMISSION

46 CFR Parts 501, 502, 515

[Docket No. 05-01]


Agency Reorganization and Delegations of Authority

AGENCY: Federal Maritime Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Federal Maritime Commission (``FMC'' or ``Commission'') 
amends its regulations relating to agency organization to reflect the 
reorganization of the agency that took effect August 23, 2004, and to 
delegate authority to certain FMC bureaus in order to improve the FMC's 
ability to carry out its statutory responsibilities over the ocean 
shipping industry in a more effective and efficient manner.

DATES: Effective February 15, 2005.

FOR FURTHER INFORMATION CONTACT: Amy W. Larson, General Counsel, 
Federal Maritime Commission, 800 North Capitol Street, NW., Washington, 
DC 20573, (202) 523-5740, E-mail: GeneralCounsel@fmc.gov.

SUPPLEMENTARY INFORMATION: The FMC is amending part 501 of Title 46, 
Code of Federal Regulations to reflect the reorganization of the agency 
that took effect on August 23, 2004. The FMC was reorganized in order 
to improve its ability to carry out its statutory responsibilities over 
the ocean shipping industry in a more effective and efficient manner.
    Because the changes made in this proceeding address internal agency 
operating procedure and organization, and are routine and ministerial 
in nature within the meaning of the Administrative Procedure Act, 5 
U.S.C. 553, this rule is published as final.
    This Rule also makes nomenclature changes in certain CFR units to 
reflect a change in a relevant Commission bureau name since these CFR 
units were last revised.

List of Subjects

46 CFR Part 501

    Organization and functions, Official seal, Authority delegations, 
Administrative practice and procedure.

46 CFR Part 502

    Administrative practice and procedure, Claims, Equal access to 
justice, Investigations, Lawyers, Maritime carriers, Penalties, 
Reporting and recordkeeping requirements.

46 CFR Part 515

    Exports, Freight forwarders, Non-vessel-operating common carriers, 
Ocean transportation intermediaries, Licensing requirements, Financial 
responsibility requirements, Reporting and recordkeeping requirements.

0
For the reasons stated in the preamble, the Federal Maritime Commission 
amends 46 CFR Parts 501, 502 and 515 as follows.
0
1. Part 501 is revised to read as follows:

PART 501--THE FEDERAL MARITIME COMMISSION--GENERAL

SUBCHAPTER A--GENERAL AND ADMINISTRATIVE PROVISIONS

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 the Director, Office of Operations.

[[Page 7660]]

501.26 Delegation to and redelegation by the Director, Bureau of 
Certification and Licensing.
501.27 Delegation to and redelegation by the Director, Bureau of 
Trade Analysis.
501.28 Delegation to the Director, Bureau of Enforcement.
501.29 Delegation to and redelegation by the Director, Office of 
Administration.
Subpart D--Public Requests for Information
501.41 Public requests for information and decisions.
Appendix A to Part 501--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, 70 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 oceanborne 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. 
sections 1701-1720); section 19 of the Merchant Marine Act, 1920 (46 
U.S.C. app. section 876); the Foreign Shipping Practices Act of 1988 
(46 U.S.C. app. section 1710a); sections 2 and 3, Public Law 89-777, 
Financial Responsibility for Death or Injury to Passengers and for Non-
Performance of Voyages (46 U.S.C. app. sections 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 serve as 
the Chairman of the Commission (``Chairman'').
    (c) Terms and vacancies. The term of each member of the Commission 
is five 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 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.)
    (1) Office of Consumer Affairs and Dispute Resolution Services.
    (2) [Reserved]
    (d) Office of the General Counsel. (Ethics Official; Chair, 
Permanent Task Force on International Affairs; Legislative Counsel.)
    (e) Office of Administrative Law Judges.
    (f) Office of Equal Employment Opportunity.
    (g) Office of the Inspector General.
    (h) Office of Operations.
    (1) Bureau of Certification and Licensing.
    (i) Office of Passenger Vessels & Information Processing.
    (ii) Office of Ocean Transportation Intermediaries.
    (2) Bureau of Trade Analysis.
    (i) Office of Agreements.
    (ii) Office of Economics & Competition Analysis.
    (iii) Office of Service Contracts & Tariffs.
    (3) Bureau of Enforcement.
    (4) Area Representatives.
    (i) Office of Administration. (Chief Acquisition Officer, Audit 
Followup and Management Controls Official, Chief Information Officer, 
Chief Financial Officer.)
    (1) Office of Budget and Financial Management.
    (2) Office of Human Resources.
    (3) Office of Information Technology. (Senior IT Officer, Forms 
Control Officer, Network Security Officer, Records Management Officer.)
    (4) Office of Management Services. (Physical Security, FMC 
Contracting Officer.)
    (j) 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 Operations, the Office of Administration, and officials 
performing the functions of Information Security Officer and Designated 
Agency Ethics Official, report to the Chairman of the Commission.
    (b) Office of Operations. The Bureau of Certification and 
Licensing, Bureau of Enforcement, Bureau of Trade Analysis, and Area 
Representatives report to the Office of Operations.
    (c) Office of Administration. The Office of Budget and Financial 
Management, Office of Human Resources, Office of Information 
Technology, and Office of Management Services report to the Office of 
Administration. The Office of Equal Employment Opportunity and the 
Office of the Inspector General receive administrative assistance from 
the Director of Administration. All other units of the Commission 
receive administrative guidance from the Director of Administration.
    (d) Office of the Secretary. The Office of Consumer Affairs and 
Dispute

[[Page 7661]]

Resolution Services reports to the Office of the Secretary.


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, Operations, and 
Administration 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 EEO 
Office administers and implements these program responsibilities in 
accordance with Equal Employment Opportunity Commission (``EEOC'') 
Regulations at 29 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. Sec.  2903(b).
    (3) Manages the Commission's library and related services.

[[Page 7662]]

    (4) Through the Office of Consumer Affairs and Dispute Resolution 
Services, has responsibility for developing and implementing the 
Alternative Dispute Resolution Program, responds to consumer inquiries 
and complaints, and coordinates the Commission's efforts to resolve 
disputes within the shipping industry. The Director of the Office of 
Consumer Affairs and Dispute Resolution Services is designated as the 
agency Dispute Resolution Specialist pursuant to section 3 of the 
Administrative Dispute Resolution Act of 1996, Public Law 104-320.
    (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 Sec. Sec.  
501.27(e) and 501.27(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 that may impact the programs and 
activities of the Commission; 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) Serves as the Chair of the Permanent Task Force on 
International Affairs or designates a person to serve as the Chair.
    (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 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) Office of Operations. (1) The Director of Operations:
    (i) As senior staff official, is responsible to the Chairman for 
the management and coordination of the Commission's Bureaus of 
Certification and Licensing; Trade Analysis; Enforcement; and the 
Commission's Area Representatives, as more fully described below, and 
thereby implements the regulatory policies of the Commission and 
directives of the Chairman;
    (ii) 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.
    (2) [Reserved]
    (g) Under the direction and management of the Bureau Director, the 
Bureau of Certification and Licensing:
    (1) Through the Office of Transportation Intermediaries, has 
responsibility for reviewing applications for Ocean Transportation 
Intermediary (``OTI'') licenses, and maintaining records about 
licensees.
    (2) 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.
    (h) Under the direction and management of the Bureau Director, the 
Bureau of Trade Analysis, 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.
    (i) 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 and Sec.  502.604 of this chapter, 
and represents the Commission in proceedings and circumstances as 
designated;
    (3) Acts as staff counsel to the Director of Operations 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 Commission of evolving competitive practices in international 
oceanborne commerce, and assesses the practical repercussions of 
Commission regulations.
    (j) Area Representatives. Maintain a presence in locations other 
than Washington, DC, with activities including the following:
    (1) Representing the Commission within their respective geographic 
areas;
    (2) 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;

[[Page 7663]]

    (3) Furnishing to interested persons information, advice, and 
access to Commission public documents;
    (4) Receiving and resolving informal complaints, in coordination 
with the Director, Office of Consumer Affairs and Dispute Resolution 
Services;
    (5) Investigating potential violations of the shipping statutes and 
the Commission's regulations;
    (6) Conducting shipping industry surveillance programs to ensure 
compliance with the shipping statutes and the Commission's regulations. 
Such programs include common carrier audits, service contract audits 
and compliance checks of OTIs;
    (7) Upon request of the Bureau of Certification 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 OTI 
applicants;
    (8) Conducting special surveys and studies, and recommending 
policies to strengthen enforcement of the shipping laws;
    (9) Maintaining liaison with Federal and State agencies with 
respect to areas of mutual concern; and
    (10) Providing assistance to the various bureaus and offices of the 
Commission, as appropriate and when requested.
    (k) Office of Administration. (1) The Director of Administration:
    (i) Provides administrative guidance to all units of the 
Commission, except the Offices of Equal Employment Opportunity and the 
Inspector General, which are provided administrative assistance;
    (ii) Is the agency's Chief Acquisition Officer under the Services 
Acquisition Reform Act of 2003, Public Law 108-136, 117 Stat. 1663 and 
Commission Order No. 112;
    (iii) Is the Audit Follow-up and Management (Internal) Controls 
Official for the Commission under Commission Orders 103 and 106;
    (iv) Is the agency's Chief Financial Officer;
    (v) Serves as the agency's lead executive for strategic planning, 
implementation and compliance with the Government Performance and 
Results Act of 1993, Public Law 103-62, 107 Stat. 285;
    (2) The Deputy Director of Administration is the Commission's Chief 
Information Officer.
    (3) The Office of Administration ensures the periodic review and 
updating of Commission orders. Under the direction and management of 
the Director of Administration, the Office of Administration is 
responsible for the management and coordination of the Offices of: 
Budget and Financial Management, Human Resources, Information 
Technology, and Management Services. The Office of Administration 
provides administrative support to the program operations of the 
Commission. The Director of Administration interprets governmental 
policies and programs and administers these in a manner consistent with 
Federal guidelines, including those involving financial management, 
human resources, information technology, and procurement. 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 
activities. The Director of Administration is responsible for directing 
and administering the Commission's training and development function. 
The Director of Administration also acts as the Commission's 
representative to the Small Agency Council. Other programs are carried 
out by its Offices, as follows:
    (i) 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, ensures accountability for official passports; and assists in 
the development of proper levels of user fees.
    (ii) 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.
    (iii) Office of Information Technology, under the direction and 
management of the Office Director, administers the Commission's 
information technology (``IT'') program under the Paperwork Reduction 
Act of 1995, as amended, as well as other applicable laws that 
prescribe responsibility for operating the IT program. The Office 
provides administrative support with respect to information technology 
to the program operations of the Commission. The Office interprets 
governmental policies and programs for information technology and 
administers these policies and programs 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 IT management studies and surveys; managing data 
telecommunications; developing and managing databases and applications; 
coordinating records management activities; administering IT 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 IT Officer, Forms Control 
Officer, Computer Security Officer, and Records Management Officer.
    (iv) 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 voice telecommunications; 
acquisition of all goods and services used by the Commission; building 
security and emergency preparedness; real and personal property 
management; printing and copying; mail services; graphic design; 
equipment maintenance; and transportation. The Office Director is the 
agency's liaison with the Small Agency Council's Procurement and 
Administrative Services Committees and with the General Services 
Administration (``GSA'') and the Department of Homeland Security 
(``DHS'') on building security Committee.
    (l) 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 (``ERB'') is composed of all 
Senior Executive Service members. The Chairman shall designate an ERB 
chair

[[Page 7664]]

on a rotational basis beginning October 1 of each year. 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 (``PRB'') 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
    [GRAPHIC] [TIFF OMITTED] TR15FE05.000
    
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 
Sec. Sec.  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 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.

[[Page 7665]]

    (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 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 Director of 
Administration, to sign travel orders, nondocketed recommendations to 
the Commission, and other routine documents for the Director of 
Administration, consistent with the programs, policies, and precedents 
established by the Commission or the Director of Administration.


Sec.  501.25  Delegation to the Director, Office of Operations.

    The authorities listed in this section are delegated to the 
Director of Operations.
    (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. Sec.  3721.
    (b) Authority to approve administrative leave for Area 
Representatives.


Sec.  501.26  Delegation to and redelegation by the Director, Bureau of 
Certification and Licensing.

    Except where specifically redelgated in this section, the 
authorities listed in this section are delegated to the Director, 
Bureau of Certification and Licensing.
    (a) Authority to:
    (1) Approve or disapprove applications for OTI 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;
    (2) Issue a letter stating that the Commission intends to deny an 
OTI 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;
    (3) Revoke the license of an OTI upon the request of the licensee;
    (4) 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;
    (5) 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;
    (6) Approve changes in an existing licensee's organization; and
    (7) 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.
    (8) The authorities contained in paragraphs (a)(3) and (a)(4) 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 Sec. Sec.  
540.8(a) and 540.26(a) of this chapter.
    (c) Authority to approve amendments to escrow agreements filed 
under Sec.  540.5(b) of this Chapter 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 result in an amount of coverage that complies with the 
requirements in the introductory text of Sec.  540.5 of this Chapter.


Sec.  501.27  Delegation to and redelegation by the Director, Bureau of 
Trade Analysis.

    Except where specifically redelegated in this section, 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

[[Page 7666]]

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 Sec. Sec.  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 Sec. Sec.  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 Sec. Sec.  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 to 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.
    (2) The authority under this paragraph is redelegated to the 
Director, Office of Service Contracts and Tariffs, in the Bureau of 
Trade Analysis.
    (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.  501.28  Delegation to the Director, Bureau of Enforcement.

    The authorities listed in this section are delegated to the 
Director, Bureau of Enforcement.
    (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) [Reserved]


Sec.  501.29  Delegation to and redelegation by the Director, Office of 
Administration.

    Except where specifically redelegated in this section, the 
authorities listed in this section are delegated to the Director of 
Administration.
    (a) 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.
    (b)(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 paragraph (b) of this section is 
redelegated to the Director, Office of Budget and Financial Management.
    (c)(1) Authority to classify all positions GS-1 through GS-15 and 
wage grade positions.
    (2) The authority under paragraph (c) of this section is 
redelegated to the Director, Office of Human Resources.

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,

[[Page 7667]]

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 information or decisions is not prohibited 
by statute or the Commission's Rules of Practice and Procedure:
    (1) Office of the Secretary;
    (i) Office of Consumer Affairs and Dispute Resolution Services;
    (ii) [Reserved]
    (2) Office of the General Counsel;
    (3) Office of Administrative Law Judges;
    (4) Office of Equal Employment Opportunity;
    (5) Office of the Inspector General;
    (6) Office of Operations;
    (i) Bureau of Certification and Licensing;
    (ii) Bureau of Trade Analysis;
    (iii) Bureau of Enforcement;
    (iv) 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 ``https://www.fmc.gov.''

Los Angeles

Los Angeles Area Representative, P.O. Box 230, 839 South Beacon Street, 
Room 320, San Pedro, CA 90733-0230.

South Florida

South Florida Area Representative, P.O. Box 813609, Hollywood, FL 
33081-3609.

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, Building No. 75, Room 205B, JFK 
International Airport, Jamaica, NY 11430.

Seattle

Seattle Area Representative, c/o U.S. Customs, 7 South Nevada Street, 
Suite 100, Seattle, WA 98134.

    (7) Office of Administration;
    (i) Office of Budget and Financial Management;
    (ii) Office of Human Resources;
    (iii) Office of Information Technology; and
    (iv) Office of Management Services.
    (d) 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.

BILLING CODE 6730-01-P

[[Page 7668]]

[GRAPHIC] [TIFF OMITTED] TR15FE05.001

BILLING CODE 6730-01-C

[[Page 7669]]

PART 502--RULES OF PRACTICE AND PROCEDURE

0
2. The authority citation for Part 502 continues to read as follows:

    Authority 5 U.S.C. 504, 551, 552, 556(c), 559, 561-569, 571-596; 
5 U.S.C. 571-584; 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. 817d, 
817e, 1114(b), 1705, 1707-1711, 1713-1716; E.O. 11222 of May 8, 
1965, 30 FR 6469, 3 CFR, 1964-1965 Comp. P. 306; 21 U.S.C. 853a; 
Pub. L. 105-258, 112 Stat. 1902.


Sec.  502.271  [Amended]

0
3. Amend Sec.  502.271(f)(1), by removing the words ``Bureau of 
Consumer Complaints and Licensing'' and adding, in their place, the 
words ``Bureau of Certification and Licensing.''


Sec.  502.401  [Amended]

0
4. Amend Sec.  502.401, by removing the words ``Bureau of Consumer 
Complaints and Licensing'' and adding, in their place, the words 
``Bureau of Certification and Licensing.''

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

0
5. The authority citation for Part 515 continues to read as follows:

    Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 46 U.S.C. app. 1702, 
1707, 1709, 1710, 1712, 1714, 1716, and 1718; Pub. L. 105-383, 112 
Stat. 3411; 21 U.S.C. 862.


0
6. In 46 CFR Part 515 remove the words ``Bureau of Consumer Complaints 
and Licensing'' and add, in their place, the words ``Bureau of 
Certification and Licensing'' in the following places:


Sec.  515.5  [Amended]

    a. Section 515.5(a);


Sec.  515.12  [Amended]

    b. Section 515.12(a);


Sec.  515.18  [Amended]

    c. Section 515.18(a);


Sec.  515.22  [Amended]

    d. Section 515.22(e);


Sec.  515.25  [Amended]

    e. Section 515.25(a);


Sec.  515.34  [Amended]

    f. Section 515.34;


Appendix A to Subpart C  [Amended]

    g. Appendix A to Subpart C;


Appendix B to Subpart C  [Amended]

    h. Appendix B to Subpart C; and


Appendix D to Subpart C  [Amended]

    i. Appendix D to Subpart C.

Karen V. Gregory,
Assistant Secretary.
[FR Doc. 05-2918 Filed 2-14-05; 8:45 am]
BILLING CODE 6730-01-P