Amendments to Commission's Rules of Practice and Procedure, 10258-10262 [2011-4060]

Agencies

• Federal Maritime Commission

[Federal Register Volume 76, Number 37 (Thursday, February 24, 2011)]
[Rules and Regulations]
[Pages 10258-10262]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4060]


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FEDERAL MARITIME COMMISSION

46 CFR Part 502

[Docket No. 11-02]
RIN 3072-AC41


Amendments to Commission's Rules of Practice and Procedure

DATE: February 17, 2011.
AGENCY: Federal Maritime Commission.

ACTION: Final rule.

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SUMMARY: The Federal Maritime Commission (FMC or Commission) amends its 
Rules of Practice and Procedure to update, clarify, and reduce the 
burden on parties to proceedings before the Commission.

DATES: The final rule is effective February 24, 2011.

FOR FURTHER INFORMATION CONTACT: 

Karen V. Gregory, Secretary, Federal Maritime Commission, 800 North 
Capitol Street, NW., Washington, DC 20573-0001, Tel.: (202) 523-5725, 
E-mail: secretary@fmc.gov.
Rebecca A. Fenneman, General Counsel, Federal Maritime Commission, 800 
North Capitol Street, NW., Washington, DC 20573-0001, Tel.: (202) 523-
5740, E-mail: generalcounsel@fmc.gov.

SUPPLEMENTARY INFORMATION: The Commission's Rules of Practice and 
Procedure, 46 CFR part 502, govern procedures before the Commission. 46 
CFR 502.1-502.991. The rules are in place to secure just, speedy, and 
inexpensive resolution of proceedings before the Commission. After 
review of the procedural rules in their current form, the Commission 
has found that certain provisions have become outdated, unclear, or 
unduly burdensome. Therefore, the Commission has determined to amend 
part 502 of Title 46 of the Code of Federal Regulations to update and 
improve the Commission's Rules of Practice and Procedure.
    As a first step in updating and improving its procedural rules, the 
Commission is making changes to Subparts A, H, I, S, and T of its Rules 
of Practice and Procedure. A number of technical, non-substantive 
changes are made to other Subparts of the rules. This Final Rule also 
includes corrections of some typographical errors in the rules.
    The most notable changes are as follows:

Section 502.2

    The Commission has clarified the provisions for electronic filing 
of documents and has amended the number of copies to be filed in 
Commission proceedings. Previously, in proceedings before the 
Commission, an original and fifteen (15) copies of certain documents 
filed and served in the proceedings were required to be furnished for 
the Commission's use and an original and four (4) copies of other 
documents were required to be furnished. The Commission is now 
requiring the filing of an original and five (5) copies of all 
documents filed in order to simplify this requirement, to reduce the 
burden on parties to Commission proceedings, and to reduce paper waste. 
The rule as revised requests that filings also be sent in PDF form when 
possible, either through electronic e-mail (``e-mail'') or on an 
electronic storage device.
    As many parties currently transmit documents by electronic means 
(except for initial filing of complaints and claims), the Commission 
has determined to accommodate electronic submission of documents for 
the purpose of meeting filing deadlines if the original and five (5) 
copies follow immediately by mail or courier. This Final Rule includes 
new rules for such electronic submission of documents to the 
Commission, and removes reference to facsimile transmissions.
    To facilitate communications and service of documents, the amended 
rule requires all parties to provide the Commission and all other 
parties with accurate and current contact information.
    The Final Rule amends the requirement to file discovery materials. 
The previous rule, 46 CFR 502.118(b)(3)(i) (repealed by this Final 
Rule) required parties to file with the Commission a single copy of 
discovery

[[Page 10259]]

materials. The Commission has found that filed discovery materials were 
often not used in the proceedings, and has noted that for years the 
Commission's Office of Administrative Law Judges has issued orders 
waiving the filing requirement and prohibiting filing of discovery 
materials until they were to be used in the proceedings or were ordered 
by the presiding officer to be filed. Under the Federal Rules of Civil 
Procedure (FRCP), discovery requests and responses ``must not be filed 
until they are used in the proceeding or the court orders filing.'' 
Fed. R. Civ. P. 5(d)(1). The Commission has determined to amend its 
discovery rules to conform more closely to the FRCP. This change will 
reduce costs to the parties and to the Commission. The Commission has 
also determined that, consistent with the FRCP, expert witness reports 
must not be filed with the Commission until used in the proceeding or 
ordered to be filed.
    The Final Rule provides that discovery materials must not be filed 
until they are ``used in the proceeding.'' This phrase is meant to 
refer to a proceeding before the Commission or a presiding officer. 
This filing requirement is not triggered by ``use'' of discovery 
materials in other discovery activities, such as depositions. In 
connection with a proceeding before the Commission or presiding 
officer, however, the rule should be interpreted broadly, and any use 
of discovery materials before the Commission or presiding officer in 
connection with a motion, a pretrial conference, or otherwise, would 
trigger the filing requirement for those discovery materials used.
    Once discovery materials are used in the proceeding, the materials 
must be filed. The Final Rule includes a provision directing a party 
who wishes to use discovery materials that are not yet in the record to 
include those materials in an appendix to be filed with the motion or 
other paper to which they relate. Because the filing requirement 
applies only with regard to materials that are used, only those parts 
of voluminous materials that are actually used should be included in 
the appendix. Any adverse or other party is then free to file an 
appendix including any other part of the materials that are so used. If 
the parties are unduly or unfairly sparing in their submissions of 
materials that are used, the Commission or presiding officer may order 
further filings.
    Finally, to streamline the Commission's filing rules and for ease 
of reference, the requirements previously found in sections 502.111, 
502.112, 502.114(c), 502.118(a) and (b)(1)-(3), and 502.119 are moved 
to Sec.  502.2.

Section 502.13

    Section 205(c)(3) of the E-Government Act of 2002, Public Law 107-
347, requires the Supreme Court to prescribe rules ``to protect privacy 
and security concerns relating to electronic filing of documents and 
the public availability * * * of documents filed electronically.'' The 
rule developed by the Court goes further than the E-Government Act 
requires, and also protects paper filings even when they are not 
converted to electronic form. See Fed. R. Civ. P. 5.2. (``Privacy 
Protection For Filings Made with the Court''). See also Fed. R. Civ. P. 
5.2, advisory committee notes, 2007 adoption. Federal Rule 5.2 requires 
a party or non-party making an electronic or paper filing with the 
court to redact personally identifiable information before filing. 
There has been no comparable Commission rule.
    Although Federal Rule 5.2 is applicable in Commission proceedings 
pursuant to Commission rule Sec.  502.12, the Commission has determined 
to create a rule to ensure protection of privacy and security concerns. 
The new rule, 502.13, adopts verbatim Rule 5.2 of the FRCP except where 
``court'' is changed to ``Commission or presiding officer'' or 
``Secretary'' as appropriate, and portions of subparagraphs (b) and (c) 
of the Federal Rule that are not applicable to Commission proceedings 
have been deleted. As under the FRCP, ``[t]he responsibility to redact 
filings rests with counsel and the party or non-party making the 
filing.'' Fed. R. Civ. P. 5.2, advisory committee notes, 2007 adoption.

Section 502.131

    Section 502.131 is amended to require that requests for subpoenas 
be made in writing to the Office of Administrative Law Judges. Under 
the current rules, requests for subpoenas for the attendance of 
witnesses may be made orally or in writing, and requests for subpoenas 
for the production of evidence shall be in writing. The Commission has 
found it preferable that all subpoena requests must be in writing. The 
Commission has further found that having subpoena requests delivered to 
the Office of Administrative Law Judges, as opposed to the presiding 
officer, will ensure that they are handled promptly. In addition, the 
number of copies required has been reduced from two copies to one copy 
in addition to the original, to reduce the burden on the parties.

Sections 502.305 and 502.321

    Sections 502.305 and 502.321 are amended to make certain rules of 
the Commission's Rules of Practice and Procedure applicable to Subpart 
S (Informal Procedure for Adjudication of Small Claims) and Subpart T 
(Formal Procedure for Adjudication of Small Claims) proceedings. 
Currently, only Sec. Sec.  502.253 and 502.254 are applicable to 
Subpart S proceedings; under Sec.  502.321, the rules in Subpart A 
through Q are not applicable to Subpart T proceedings. The Commission 
has found that certain rules should apply to Subparts S and T 
proceedings. These include rules for filing, providing contact 
information, documents in foreign languages, attorney appearances, 
substitution of parties, interest, and attorney's fees. The amendment 
also makes Subparts S and T proceedings consistent with other 
Commission proceedings where appropriate, and clarifies the rules of 
practice and procedure applicable to those proceedings.
    Because the changes made in this Final Rule only address the 
Commission's Rules of Practice and Procedure, to which the 
Administrative Procedure Act is not applicable pursuant to 5 U.S.C. 
553, the amended rules are published as final.
    This Final Rule is not a ``major rule'' under 5 U.S.C. 804(2).

List of Subjects in 46 CFR Part 502

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

    For the reasons stated in the SUPPLEMENTARY INFORMATION, the 
Federal Maritime Commission amends 46 CFR part 502 as follows.

PART 502--RULES OF PRACTICE AND PROCEDURE

0
1. The authority citation for part 502 continues to read as follows:

    Authority:  5 U.S.C. 504, 551, 552, 553, 556(c), 559, 561-569, 
571-596; 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. 305, 
40103-40104, 40304, 40306, 40501-40503, 40701-40706, 41101-41109, 
41301-41309, 44101-44106; E.O. 11222 of May 8, 1965, 30 FR 6469, 3 
CFR 1964-1965 Comp. P. 306; 21 U.S.C. 853a.


0
2. Revise Sec.  502.2 to read as follows:


Sec.  502.2  Filing of documents.

    (a) Requirement for filing. Documents relating to any matter 
pending before the Commissioners for decision or to any matter pending 
before the Commission which is likely to come

[[Page 10260]]

before the Commissioners for decision, whether or not relating to 
proceedings governed by this part, must be filed with the Secretary, 
Federal Maritime Commission. Such documents should not be filed with or 
separately submitted to the offices of individual Commissioners. 
Distribution to Commissioners and other agency personnel is handled by 
the Office of the Secretary to ensure that persons in decision-making 
and advisory positions receive identical copies of submissions in a 
uniform and impersonal manner and to avoid the possibility of ex parte 
communications within the meaning of Sec.  502.11. These considerations 
apply to informal and oral communications as well, such as requests for 
expedited consideration.
    (b) Date and time of filing. (1) Documents may be hand-delivered at 
the Commission during normal business hours from 8:30 a.m. to 5 p.m., 
Monday through Friday.
    (2) Except with respect to initial filing of complaints pursuant to 
Sec. Sec.  502.62 and 502.63, and claims pursuant to Sec. Sec.  502.301 
and 502.302, the date of filing shall be either the date on which the 
pleading, document, or paper is physically delivered to the Commission 
by a party, the date on which a party certifies it to have been 
deposited in the mail or delivered to a courier, or the date of e-mail 
transmission.
    (c) Place of filing. Except for exhibits filed pursuant to Sec.  
502.118(b)(4) and petitions for review of final agency orders served on 
the Commission pursuant to 28 U.S.C. 2112(a), all documents required to 
be filed in, and correspondence relating to proceedings governed by 
this part must be addressed and delivered to ``Secretary, Federal 
Maritime Commission, 800 N. Capitol Street, NW., Washington, DC 20573-
0001'' or to secretary@fmc.gov.
    (d) Service of petition for review of Commission order. Petitions 
for review of final agency orders served on the Commission pursuant to 
28 U.S.C. 2112(a) must be addressed and delivered to ``General Counsel, 
Office of the General Counsel, Federal Maritime Commission, 800 N. 
Capitol Street, NW., Washington, DC 20573-0001.''
    (e) Number of copies. Parties filing documents in proceedings 
before the Commission or an administrative law judge must file an 
original, signed document and five (5) copies, and, if possible, a PDF 
of the document. The PDF document should be sent by e-mail to 
secretary@fmc.gov or submitted on an electronic storage device (such as 
compact disc or USB flash drive).
    (f) E-mail transmission of filings. (1) Initial filing of 
complaints and claims pursuant to Sec. Sec.  502.62-502.63 and 502.301-
502.302 must be accomplished in the traditional manner on paper, rather 
than by e-mail.
    (2) Pursuant to Sec.  502.5 of this subpart, confidential filings 
must be accomplished in the traditional manner on paper, rather than by 
e-mail.
    (3) If a filing is submitted electronically as a PDF attached to an 
e-mail, the original, signed document, and five (5) copies must be 
received by the Secretary within seven working days. The e-mail 
transmitting the PDF copy of a document must include a certification by 
the filing party that the electronic copy is a true and correct copy of 
the paper original, and that the paper signed original and five (5) 
copies are being filed with the Secretary of the Commission. The e-mail 
Subject Line must include the docket number of the proceeding and be 
sent to secretary@fmc.gov.
    (g) Filing after announcement of Commission meeting prohibited. No 
filings relating to matters scheduled for a Commission meeting will be 
accepted by the Secretary if submitted subsequent to public 
announcement of the particular meeting, except that the Commission, on 
its own initiative, or pursuant to a written request, may in its 
discretion, permit a departure from this limitation for exceptional 
circumstances. (See Sec.  503.82(e) of this chapter.)
    (h) Return of rejected filings. Any pleading, document, writing, or 
other paper submitted for filing which is rejected because it does not 
conform to the rules in this part will be returned to the sender.
    (i) Continuing obligation to provide contact information. All 
parties and representatives are under a continuing obligation to 
provide the Commission and all other parties in a proceeding with 
accurate and current contact information including a street address, 
telephone number, and e-mail address.
    (j) Form of documents. All papers to be filed under the rules in 
this part must be clear and legible, dated, show the docket number and 
title of the proceeding, document title, and include the title, if any, 
and address of the authorized signer or representative. An original 
signed in ink must be provided. Text shall appear on only one side of 
the paper and must be double spaced except that quotations of fifty or 
more words should be single-spaced and indented on the left and right 
without quotation marks. The paper must be strong and durable, of 
letter size (8\1/2\ x 11 in. or 215.9 x 279.4 mm) or A4 size (8.27 x 
11.69 in. or 210 x 297 mm), with a margin of at least one inch on all 
four sides. Documents must be printed in clear type, and the type size, 
including footnotes and endnotes, must not be smaller than 12-point.
    (k) Discovery materials excluded from filing requirement. (1) The 
following discovery requests and responses must not be filed with the 
Secretary until they are used in the proceeding, or the Commission or 
presiding officer orders filing:
    (i) Notice and transcript of depositions;
    (ii) Interrogatories;
    (iii) Requests for documents or tangible things or to permit entry 
onto designated land or other property;
    (iv) Requests for admission; and
    (v) Expert witness reports.
    (2) The party that served the notice of deposition or discovery 
papers must preserve and ensure the integrity of original transcripts 
and discovery papers for use by the Commission or the presiding 
officer. A party that wants to use any part or all of discovery 
requests and responses in the proceeding must include the part or all 
of the documents in an appendix to be filed with the motion or other 
paper that refers to those documents. A party filing an appendix 
exceeding 100 pages should file an original and two (2) copies on paper 
and, if possible, also file such appendix by e-mail or on an electronic 
storage device. [Rule 2.]

0
3. Revise Sec.  502.3 to read as follows:


Sec.  502.3  Compliance with rules or orders of Commission.

    Persons named in a rule or order shall notify the Commission during 
business hours on or before the day on which such rule or order becomes 
effective whether they have complied therewith, and if so, the manner 
in which compliance has been made. [Rule 3.]

0
4. Revise Sec.  502.4 to read as follows:


Sec.  502.4  Authentication of rules or orders of Commission.

    All rules or orders issued by the Commission in any proceeding 
covered by this part shall, unless otherwise specifically provided, be 
signed by the Secretary of the Commission in the name of the 
Commission. [Rule 4.]

0
5. Add Sec.  502.5 to read as follows:


Sec.  502.5  Documents containing confidential materials.

    Except as otherwise provided in the rules of this part, all filings 
that contain information previously designated as confidential pursuant 
to Sec. Sec.  502.13, 502.167, 502.201(i)(1)(vii), or any other rules 
of this part or for which a request for protective order pursuant to 
Sec.  502.201(i) is pending, are subject to the following requirements:

[[Page 10261]]

    (a) Filings shall be accompanied by a transmittal letter that 
identifies the filing as ``confidential'' and describes the nature and 
extent of the authority for requesting confidential treatment. The 
confidential copies shall consist of the complete filing and shall 
include a cover page marked ``Confidential-Restricted,'' with the 
confidential materials clearly marked on each page. Confidential 
filings should not be made by e-mail.
    (b) Whenever a confidential filing is submitted, there must also be 
submitted an original and one copy of a public version of the filing. 
Such public version shall exclude confidential materials, and shall 
indicate on the cover page and on each affected page ``confidential 
materials excluded.'' Public versions of confidential filings may be 
submitted by e-mail.
    (c) Confidential treatment afforded by this section is subject to 
the proviso that any information designated as confidential may be used 
by the administrative law judge or the Commission if deemed necessary 
to a correct decision in the proceeding. [Rule 5.]

0
6. Add Sec.  502.6 to read as follows:


Sec.  502.6  Verification of documents.

    (a) If a party is represented by an attorney or other person 
qualified to practice before the Commission under the rules in this 
part, each pleading, document or other paper of such party filed with 
the Commission shall be signed by at least one person of record 
admitted to practice before the Commission in his or her individual 
name, whose address shall be stated. Except when otherwise specifically 
provided by rule or statute, such pleading, document or paper need not 
be verified or accompanied by affidavit. The signature of a person 
admitted or qualified to practice before the Commission constitutes a 
certificate by the signer that the signer has read the pleading, 
document or paper; that the signer is authorized to file it; that to 
the best of the signer's knowledge, information, and belief formed 
after reasonable inquiry, the filing is well grounded in fact and is 
warranted by existing law or a good faith argument for the extension, 
modification, or reversal of existing law; and that it is not 
interposed for any improper purpose, such as to harass or to cause 
unnecessary delay or needless increase in the cost of litigation. For a 
willful violation of this section, a person admitted or qualified to 
practice before the Commission may be subjected to appropriate 
disciplinary action.
    (b) If a party is not represented by a person admitted or qualified 
to practice before the Commission, each pleading, document or other 
paper of such party filed with the Commission shall be signed and 
verified under oath by the party or by a duly authorized officer or 
agent of the party, whose address and title shall be stated.
    (c) Wherever, under any rules of this part, any matter is required 
or permitted to be supported, evidenced, established, or proved by the 
sworn declaration, verification, certificate, statement, oath, or 
affidavit, in writing of the person making the same (other than a 
deposition under Sec.  502.203 or Sec.  502.204), such matter may, with 
like force and effect, be supported, evidenced, established, or proved 
by the unsworn declaration, certificate, verification, or statement, in 
writing of such person which is subscribed by such person, as true 
under penalty of perjury, in substantially the following form:
    (1) If executed without the United States: ``I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the United 
States of America that the foregoing is true and correct.''
    (2) If executed within the United States, its territories, 
possessions, or commonwealths: ``I declare (or certify, verify, or 
state) under penalty of perjury that the foregoing is true and 
correct.'' [Rule 6.]

0
7. Add Sec.  502.13 to subpart A of part 502 to read as follows:


Sec.  502.13  Privacy protection for filings made with the Commission.

    (a) Redacted filings. Unless the Commission or presiding officer 
orders otherwise, in an electronic or paper filing that contains an 
individual's social-security number, taxpayer-identification number, or 
birth date, the name of an individual known to be a minor, or a 
financial-account number, a party or nonparty making the filing may 
include only:
    (1) The last four digits of the social-security number and 
taxpayer-identification number;
    (2) The year of the individual's birth;
    (3) The minor's initials; and
    (4) The last four digits of the financial-account number.
    (b) Exemptions from the redaction requirement. The redaction 
requirement does not apply to the following:
    (1) The record of an administrative or agency proceeding;
    (2) The record of a state-court proceeding;
    (3) The record of a court or tribunal, if that record was not 
subject to the redaction requirement when originally filed; and
    (4) A filing covered by paragraph (c) of this section.
    (c) Filings made under seal. The Commission or presiding officer 
may order that a filing be made under seal without redaction. The 
Commission or presiding officer may later unseal the filing or order 
the person who made the filing to file a redacted version for the 
public record.
    (d) Protective orders. For good cause, the Commission or presiding 
officer may by order in a case:
    (1) Require redaction of additional information; or
    (2) Limit or prohibit a nonparty's remote electronic access to a 
document filed with the Commission.
    (e) Option for additional unredacted filing under seal. A person 
making a redacted filing may also file an unredacted copy under seal. 
The Commission must retain the unredacted copy as part of the record.
    (f) Option for filing a reference list. A filing that contains 
redacted information may be filed together with a reference list that 
identifies each item of redacted information and specifies an 
appropriate identifier that uniquely corresponds to each item listed. 
The list must be filed under seal and may be amended as of right. Any 
reference in the case to a listed identifier will be construed to refer 
to the corresponding item of information.
    (g) Waiver of protection of identifiers. A person waives the 
protection of this rule as to the person's own information by filing it 
without redaction and not under seal. [Rule 13.]


Sec.  502.27  [Amended]

0
8. Amend Sec.  502.27(a)(1), in the last sentence, by removing the 
reference ``Sec.  503.43(g)'' and adding the reference ``Sec.  
503.43(e)'' in its place.

Exhibit No. 1 to Subpart E [Sec.  502.62] of Part 502--[Amended]

0
9. Amend the appendix, Exhibit No. 1 to Subpart E, by removing the 
reference ``subpart S [Informal Docket for a claim of $10,000 or 
less]'' and adding the reference ``subpart S [Informal Docket for a 
claim of $50,000 or less]'' in its place in the first paragraph of the 
Exhibit's Information To Assist in Filing Formal Complaint, General.


Sec.  502.111  [Removed and Reserved]

0
10. Remove and reserve Sec.  502.111.


Sec.  502.112  [Removed and Reserved]

0
11. Remove and reserve Sec.  502.112.

[[Page 10262]]

Sec.  502.114  [Amended]

0
12. In Sec.  502.114, remove paragraph (c).


Sec.  502.118  [Amended]

0
13. In Sec.  502.118, remove and reserve paragraphs (a) and (b)(1) 
through (3).


Sec.  502.119  [Removed]

0
14. Remove Sec.  502.119.

Subpart I--Subpoenas

0
15. Revise the heading to subpart I as set forth above.

0
16. Revise Sec.  502.131 to read as follows:


Sec.  502.131  Requests; issuance.

    Subpoenas for the attendance of witnesses or the production of 
evidence shall be issued upon request of any party, without notice to 
any other party. Requests for subpoenas must be submitted in writing to 
the Office of Administrative Law Judges. The party requesting the 
subpoena shall tender an original and one copy of such subpoena. Where 
it appears that the subpoena sought may be unreasonable, oppressive, 
excessive in scope, or unduly burdensome, the administrative law judge 
may in his or her discretion, as a condition precedent to the issuance 
of the subpoena, require the person seeking the subpoena to show the 
general relevance and reasonable scope of the testimony or other 
evidence sought. [Rule 131.]


Sec.  502.132  [Amended]

0
17. Amend Sec.  502.132 by removing ``subpena'' and adding ``subpoena'' 
in its place wherever it occurs.


Sec.  502.133  [Amended]

0
18. Amend Sec.  502.133 by removing ``subpena'' and adding ``subpoena'' 
in its place.


Sec.  502.134  [Amended]

0
19. Amend Sec.  502.134 as follows:

0
a. Amend the section heading by removing ``subpenas'' and adding 
``subpoenas'' in its place; and
0
b. Amend the text by removing ``subpena'' and adding ``subpoena'' in 
its place wherever it occurs.


Sec.  502.135  [Amended]

0
20. Amend Sec.  502.135 as follows:

0
c. Amend the section heading by removing ``Subpena'' and adding 
``Subpoena'' in its place;
0
d. Amend paragraph (a) by removing ``subpena'' and adding ``subpoena'' 
in its place wherever it occurs; and
0
e. Amend paragraph (b) by removing ``subpenaed'' and adding 
``subpoenaed'' in its place.


Sec.  502.136  [Amended]

0
21. Amend Sec.  502.136 by removing ``subpena'' and adding ``subpoena'' 
in its place.


Sec.  502.147  [Amended]

0
22. Amend Sec.  502.147(a), in the first sentence, by removing 
``subpenas'' and adding ``subpoenas'' in its place.


Sec.  502.203  [Amended]

0
23. Amend Sec.  502.203(a)(2) and (3) by removing ``subpena'' and 
adding ``subpoena'' in its place wherever it occurs.


Sec.  502.210  [Amended]

0
24. Amend Sec.  502.210 in paragraph (b) by removing ``subpenas'' and 
``subpoena'' and adding ``subpoenas'' and ``subpoena'', respectively, 
in their place wherever they occur.


Sec.  502.286  [Amended]

0
25. Amend Sec.  502.286 by removing ``subpenas'' and adding 
``subpoenas'' in two places.

0
26. Revise Sec.  502.305 to read as follows:


Sec.  502.305  Applicability of other rules of this part.

    (a) Except otherwise specifically provided in this subpart or in 
paragraph (b) of this section, the sections in subparts A through Q, 
inclusive, of this part do not apply to situations covered by this 
subpart.
    (b) The following sections in subparts A through Q of this part 
apply to situations covered by this subpart: Sec. Sec.  502.2(a) 
(Requirement for filing); 502.2(f)(1) (Email transmission of filings); 
502.2(i) (Continuing obligation to provide contact information); 502.7 
(Documents in foreign languages); 502.21-502.23 (Appearance, Authority 
for representation, Notice of appearance; substitution and withdrawal 
of representative); 502.43 (Substitution of parties); 502.101 
(Computation); 502.117 (Certificate of service); 502.253 (Interest in 
reparation proceedings); and 502.254 (Attorney's fees in reparation 
proceedings). [Rule 305.]

Exhibit No. 1 to Subpart S--[Amended]

0
27. Amend the appendix, Exhibit No. 1 to subpart S, by removing 
``$10,000 or less'' and adding ``$50,000 or less'' in its place in the 
first paragraph of the Exhibit's Information To Assist in Filing 
Informal Complaints.

0
28. Revise Sec.  502.321 to read as follows:


Sec.  502.321  Applicability of other rules of this part.

    (a) Except otherwise specifically provided in this subpart or in 
paragraph (b) of this section, the sections in subparts A through Q, 
inclusive, of this part do not apply to situations covered by this 
subpart.
    (b) The following sections in subparts A through Q apply to 
situations covered by this subpart: Sec. Sec.  502.2(a) (Requirement 
for filing); 502.2(f)(1) (E-mail transmission of filings); 502.2(i) 
(Continuing obligation to provide contact information); 502.7 
(Documents in foreign languages); 502.21-502.23 (Appearance, Authority 
for representation, Notice of appearance; substitution and withdrawal 
of representative); 502.43 (Substitution of parties); 502.253 (Interest 
in reparation proceedings); and 502.254 (Attorney's fees in reparation 
proceedings). [Rule 321.]

    By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2011-4060 Filed 2-23-11; 8:45 am]
BILLING CODE 6730-01-P