Update of Existing and Addition of New User Fees, 33637-33641 [2016-12326]

Download as PDF Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Proposed Rules rmajette on DSK2TPTVN1PROD with PROPOSALS The amounts of NUSA allowances may be increased in certain circumstances as set forth in §§ 97.412(a)(2), 97.512(a)(2), 97.612(a)(2), and 97.712(a)(2). The amounts of first-round allocations to eligible units from each NUSA are calculated according to the procedures set forth in §§ 97.412(a)(3)–(7) and (12), 97.512(a)(3)–(7) and (12), 97.612(a)(3)– (7) and (12), and 97.712(a)(3)–(7) and (12). Generally, the procedures call for each eligible unit to receive a first-round 2016 NUSA allocation equal to its 2015 emissions as reported under 40 CFR part 75 unless the total of such allocations to all eligible units would exceed the amount of allowances in the NUSA, in which case the allocations are reduced on a pro-rata basis.5 EPA notes that an allocation or lack of allocation of allowances to a given EGU does not constitute a determination that CSAPR does or does not apply to the EGU. EPA also notes that allocations are subject to potential correction. The detailed unit-by-unit data and preliminary allowance allocation calculations are set forth in Excel spreadsheets titled ‘‘CSAPR_NUSA_2016_NOX_Annual_1st _Round_Prelim_Data’’, ‘‘CSAPR_ NUSA_2016_NOX_OS_1st_Round _Prelim_Data’’, and ‘‘CSAPR_ NUSA_2016_SO2_1st_Round_Prelim _Data,’’ available on EPA’s Web site at http://www3.epa.gov/crossstaterule/ actions.html. The three spreadsheets show EPA’s initial determinations of 2016 NUSA allocations for new units subject to the CSAPR NOX Annual, NOX Ozone Season, and SO2 (Group 1 and Group 2) trading programs, respectively. Each of the spreadsheets contains a separate worksheet for each state covered by that program showing, for each unit identified as eligible for a first-round NUSA allocation, (1) the 97.710(a) because of rounding in the spreadsheet of CSAPR FIP allowance allocations to existing units. 5 Subsequent allocations of any allowances remaining in any 2016 NUSA after first-round allocations will be addressed in future notices. Any such allocations will be made according to the procedures set forth in §§ 97.412(a)(9), (10) and (12), 97.512(a)(9), (10) and (12), 97.612(a)(9), (10) and (12), and 97.712(a)(9), (10) and (12). Generally, new units that commenced commercial operations in 2015 or 2016 will receive second-round 2016 NUSA allocations sufficient to bring the totals of their first- and second-round allocations up to their 2016 emissions as reported under 40 CFR part 75 unless the total of such second-round allocations for all eligible units would exceed the remaining amount of allowances in the NUSA, in which case the second-round allocations will be reduced on a pro-rata basis. Any allowances remaining in any NUSA after second-round allocations to new units—along with any allowances remaining in any corresponding Indian country NUSA—will be allocated to the state’s existing units in proportion to their respective 2016 CSAPR FIP allocations of non-NUSA allowances. VerDate Sep<11>2014 15:22 May 26, 2016 Jkt 238001 unit’s emissions in the 2015 control period (annual or ozone season as applicable), (2) the maximum firstround 2016 NUSA allowance allocation for which the unit is eligible (typically the unit’s emissions in the 2015 control period), (3) various adjustments to the unit’s maximum allocation, many of which are necessary only if the NUSA pool is oversubscribed, and (4) the preliminary calculation of the unit’s first-round 2016 NUSA allowance allocation. Each state worksheet also contains a summary showing (1) the quantity of allowances initially available in that state’s 2016 NUSA, (2) the sum of the first-round 2016 NUSA allowance allocations that will be made to new units in that state, assuming there are no corrections to the data, and (3) the quantity of allowances that would remain in the 2016 NUSA for use in second-round allocations to new units (or ultimately for allocation to existing units), again assuming there are no corrections to the data. Objections should be strictly limited to the data and calculations upon which the NUSA allowance allocations are based and should be emailed to the address identified in ADDRESSES. Objections must include: (1) Precise identification of the specific data and or calculations the commenter believes are inaccurate, (2) new proposed data and or calculations upon which the commenter believes EPA should rely instead to determine allowance allocations, and (3) the reasons why EPA should rely on the commenter’s proposed data and or calculations and not the data referenced in this notice. Authority: 40 CFR 97.411(b), 97.511(b), 97.611(b), and 97.711(b). Dated: May 19, 2016. Reid P. Harvey, Director, Clean Air Markets Division, Office of Atmospheric Programs, Office of Air and Radiation. [FR Doc. 2016–12485 Filed 5–26–16; 8:45 am] BILLING CODE 6560–50–P FEDERAL MARITIME COMMISSION 46 CFR Parts 502, 503, 515, 520, 530, 535, 540, 550, 555, and 560 [Docket No. 16–06] RIN 3072–AC34 Update of Existing and Addition of New User Fees Federal Maritime Commission. Notice of proposed rulemaking. AGENCY: ACTION: PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 33637 The Federal Maritime Commission (Commission) proposes amending its current user fees and invites public comment on whether the Commission should amend its user fees. Specifically, the Commission proposes increasing fees for: Filing complaints and certain petitions; records searches, document copying, and admissions to practice; paper filing of ocean transportation intermediary (OTI) applications; filing applications for special permission; and filing agreements. The Commission also proposes lowering fees for: Reviewing Freedom of Information Act (FOIA) requests; revising clerical errors on service contracts; Revising clerical errors on non-vessel-operating common carrier (NVOCC) service agreements; and Commission services to passenger vessel operators (PVOs). In addition, the Commission proposes repealing four existing fees for: Adding interested parties to a specific docket mailing list; the Regulated Persons Index database; database reports on Effective Carrier Agreements; and filing petitions for rulemaking. The Commission also proposes adding a new fee for requests for expedited review of an agreement filing. DATES: Comments are due on or before June 27, 2016. ADDRESSES: You may submit comments, identified by the docket number in the heading of this document, by any of the following methods: • Email: secretary@fmc.gov. Include in the subject line: ‘‘Docket No. 16–06, Comments on ‘‘Update of User Fees.’’ Comments should be attached to the email as a Microsoft Word or textsearchable PDF document. Comments containing confidential information should not be submitted by email. • Mail: Karen V. Gregory, Secretary, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573–0001. Phone: (202) 523–5725. Email: secretary@fmc.gov. • Docket: For access to the docket to read background documents or comments received, go to: http:// www.fmc.gov/16-06. FOR FURTHER INFORMATION CONTACT: Karen V. Gregory, Secretary, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573–0001. Phone: (202) 523–5725. Email: secretary@fmc.gov. SUPPLEMENTARY INFORMATION: The Commission’s current user fees are based on an assessment of fiscal year 2004 costs and have not been updated SUMMARY: E:\FR\FM\27MYP1.SGM 27MYP1 33638 Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Proposed Rules rmajette on DSK2TPTVN1PROD with PROPOSALS since 2005.1 Consequently, many of the current user fees no longer represent the Commission’s actual costs for providing services. The Commission is seeking comments on possible adjustments to its user fees based on fiscal year 2015 costs assessed through a new methodology for calculating costs for services provided by the Commission. The Independent Offices Appropriation Act of 1952 (IOAA), 31 U.S.C. 9701, authorizes agencies to establish charges (user fees) for services and benefits that it provides to specific recipients. Under the IOAA, charges must be fair and based on the costs to the Government, the value of the service or thing to the recipient, the public policy or interest served, and other relevant facts. The IOAA also provides that regulations implementing user fees are subject to policies prescribed by the President, which are currently set forth in OMB Circular A–25, User Charges (revised July 8, 1993). OMB Circular A–25 requires agencies to conduct a periodic reassessment of costs and, if necessary, adjust or establish new fees. Under OMB Circular A–25, fees should be established for Government-provided services that confer benefits on identifiable recipients over and above those benefits received by the general public. OMB Circular A– 25 also provides that agencies should determine or estimate costs based on the best available records in the agency, and that cost computations must cover the direct and indirect costs to the agency providing the activity. Fee Assessment Methodology Applying the guidance for assessing fees provided in OMB Circular A–25, the Commission has revised its methodology for computing fees to determine the full costs of providing services.2 A detailed description of the methodology, as established by the Commission’s Office of Budget and Finance, is available in the docket to this rulemaking. The Commission has developed data on the time and cost involved in providing particular services to arrive at the updated direct and indirect labor costs for those services. As part of its assessment, the Commission utilized salaries of Full Time Equivalents (FTEs) assigned to fee-generating activities to identify the various direct and indirect costs associated with providing services. 1 The Commission established the fee for filing or updating OTI license applications electronically in 2007. 2 The revised methodology also satisfies the recommendations set forth in the Commission’s Office of Inspector General’s report, Review of FMC’s User Fee Calculations (May 27, 2010). VerDate Sep<11>2014 15:22 May 26, 2016 Jkt 238001 Proposed Fee Adjustments The adjustments the Commission proposes will allow some user fees to remain unchanged; increase, reduce, or delete other fees; and add one new fee. The Commission proposes making upward adjustments of fees to reflect increases in salary and indirect (overhead) costs. For some services, an increase in processing or review time may account for all or part of increase in the amount of the proposed fees. For other services, fees may be lower than current fees due to an overall reduced cost to provide those services. The Commission assesses nominal processing fees for services related to the filing of complaints and certain petitions; various public information services, such as records searches, document copying, and admissions to practice; and filing applications for special permission. Due to an increase in the processing cost of these services, the Commission is proposing adjusting upward these administrative fees based on an assessment of fiscal year 2015 costs. Similarly, the Commission proposes adjusting upward the user fees associated with agreements filed under 46 CFR part 535 because of the increase in reviewing and analyzing the agreement filings. With respect to OTI license applications, the Commission offers lower fees for electronic filing of license applications through its FMC–18 automated filing system. The Commission first adopted lower fees in 2007 to promote the use of the electronic filing option by the public and to facilitate the transfer of OTI records from a paper-based format to a more convenient and accessible digital format.4 As intended, the majority of OTI applicants are using the automated system and paying the reduced fees. In fiscal year 2015, the total number of OTI applicants using the automated filing system at the reduced fees was 619, and the total number of OTI applicants filing their applications in paper format at the higher fees was 44. This program has been successful and the Commission proposes continuing to offer the lower fees for electronic filing at the current fee amounts.5 The Commission proposes decreasing fees for the Commission’s services to passenger vessel operators (PVOs) under 46 CFR part 540. These services include reviewing and processing the application for certification on performance; the supplemental application on performance for the addition or substitution of a vessel; the application for certification on casualty, and the supplemental application on casualty for the addition or substitution of a vessel. For reviews of requests filed under FOIA, the Commission proposes lowering the fees due to the change in grade level of the professional staff that review FOIA requests. For revisions of clerical errors on service contracts, the Commission proposes lowing the fee due to the reduction in processing time. The Commission proposes repealing the user fee for obtaining a copy of the Regulated Persons Index given that it is currently available on the Commission’s Web site. The Commission also proposes repealing the current fee assessed for adding an interested party to a specific docket mailing list under § 503.50(d), and the fee assessed under § 535.401(h) for obtaining a Commission agreement database report. In addition, the Commission proposes repealing the user fee for filing petitions for rulemaking found in § 503.51(a). 3 OMB Circular A–76 lists the following indirect labor costs: Leave and holidays, retirement, worker’s compensation, awards, health and life insurance, and Medicare. General and administrative costs are expressed as a percentage of basic pay. These include all salaries and overhead such as rent, utilities, supplies, and equipment allocated to Commission offices that provide direct support to fee-generating offices such as the Office of the Managing Director, Office of Information Technology, Office of Human Resources, Office of Budget and Finance, and the Office of Management Services. 4 FMC Docket No. 07–08, Optional Method of Filing Form FMC–18, Application for a License as an Ocean Transportation Intermediary, 72 FR 44976, 44977 (Aug. 10, 2007). 5 While the automated filing system allows users to file their applications electronically, the automated system for processing the applications is still under development. The fees for the electronic filing of OTI applications will be addressed by the Commission when the entire FMC–18 automated system is complete and operational, and the costs of the system and its impact on the review of OTI applications can be quantified. Direct labor costs include clerical and professional time expended on an activity. Indirect labor costs include labor provided by bureaus and offices that provide direct support to the feegenerating offices in their efforts to provide services, and include managerial and supervisory costs associated with providing a particular service. Other indirect costs include Government overhead costs, such as fringe benefits and other wage-related Government contributions contained in OMB Circular A–76, Performance of Commercial Activities (revised May 29, 2003) and office general and administrative expenses.3 The sum of these indirect cost components gives an indirect cost factor that is added to the direct labor costs of an activity to arrive at the fully distributed cost. PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\27MYP1.SGM 27MYP1 Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Proposed Rules This would align the Commission with the practice of other agencies, the vast majority of which do not impose a fee to file petitions for rulemaking. Repealing this user fee would also enhance access to the rulemaking process, thereby making it fairer and more open. The Commission also proposes adding a new fee for processing requests for expedited review of an agreement under § 535.605, which allows filing parties to request that the 45-day waiting period be shortened to meet an operational urgency. The Commission believes that a fee for processing such requests is necessary to recoup the cost of publishing a separate Federal Register notice for expedited review. This new fee would be assessed in addition to the underlying agreement filing fee required by § 535.401(g). The Commission welcomes comments on its new fee calculation methodology and possible fee adjustments. Regulatory Analysis and Notices rmajette on DSK2TPTVN1PROD with PROPOSALS Regulatory Flexibility Act The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., requires an agency to review regulations to assess their impact on small entities and prepare an initial regulatory flexibility analysis (IRFA), unless the agency head determines that the regulatory action will not have a significant impact on a substantial number of small entities. The proposed adjusted user fees reflect the costs of specific Commission services for identifiable recipients. The economic impact of user fees on a small entity results from the entity requesting a particular service that requires payment of a fee for that service. The dollar amount of each user fee proposed in this rule is not substantial enough to have a significant economic impact on any entity subject to the user fee. The proposed increases in user fees is below the rise in inflation and employment cost from the last assessment in fiscal year 2004. Furthermore, the Commission’s regulations provide for a waiver or reduction of any fee in extraordinary situations. 46 CFR 503.42. The Chairman of the Commission, therefore, certifies that the proposed rule, if promulgated, will not have a significant economic impact on a substantial number of small entities.6 6 In extraordinary situations, the Commission will accept requests for waivers or fee reductions. Such request must demonstrate that the waiver or reduction of a fee is in the best interest of the public, or that payment of a fee would impose an undue hardship. VerDate Sep<11>2014 15:22 May 26, 2016 Jkt 238001 33639 Paperwork Reduction Act 46 CFR Part 535 The Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3521) requires an agency to seek and receive approval from the Office of Management and Budget (OMB) before making most requests for information if the agency is requesting information from more than ten persons. 44 U.S.C. 3507. The agency must submit collections of information in proposed rules to OMB in conjunction with the publication of the proposed rulemaking. 5 CFR 1320.11. The Commission is not proposing any collections of information, as defined by 44 U.S.C. 3502(3) and 5 CFR 1320.3(c), as part of this proposed rule. Administrative practice and procedure, Maritime carriers, Reporting and recordkeeping requirements. Regulation Identifier Number 46 CFR Part 555 The Commission assigns a regulation identifier number (RIN) to each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions (Unified Agenda). The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. You may use the RIN contained in the heading at the beginning of this document to find this action in the Unified Agenda, available at http:// www.reginfo.gov/public/do/ eAgendaMain. List of Subjects 46 CFR Part 540 Insurance, Maritime carriers, Penalties, Reporting and recordkeeping requirements, Surety bonds. 46 CFR Part 550 Administrative practice and procedure, Maritime carriers. 46 CFR Part 551 Administrative practice and procedure, Maritime carriers. Administrative practice and procedure, Investigations, Maritime carriers. 46 CFR Part 560 Administrative practice and procedure, Maritime carriers. For the reasons set forth above, the Federal Maritime Commission proposes to amend 46 CFR parts 502, 503, 515, 520, 530, 535, 540, 550, 555, and 560 as follows: PART 502—RULES OF PRACTICE AND PROCEDURE 46 CFR Part 502 1. The authority citation for part 502 continues to read as follows: Administrative practice and procedure, Claims, Equal access to justice, Investigations, Lawyers, Maritime carriers, Penalties, Reporting and recordkeeping requirements. Authority: 5 U.S.C. 504, 551, 552, 553, 556(c), 559, 561–569, 571–584; 591–596; 18 U.S.C. 207; 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; 5 CFR part 2635. ■ 46 CFR Part 503 Classified information, Freedom of Information, Privacy, Sunshine Act. Exports, Freight forwarders, Nonvessel-operating common carriers, Ocean transportation intermediaries, Licensing requirements, Financial responsibility requirements, Reporting and recordkeeping requirements. 46 CFR Part 520 Common carrier, Freight, Intermodal transportation, Maritime carriers, Reporting and recordkeeping requirements. 46 CFR Part 530 Freight, Maritime carriers, Report and recordkeeping requirements. 46 CFR Part 531 Freight, Maritime carriers, Report and recordkeeping requirements. Frm 00034 Fmt 4702 § 502.51 [Amended] 2. In § 502.51, amend paragraph (a) by removing ‘‘§ 502.74’’ and adding in its place ‘‘§ 502.69’’ and removing the fourth sentence. ■ 46 CFR Part 515 PO 00000 Subpart D—Rulemaking Sfmt 4702 Subpart E—Proceedings; Pleadings; Motions; Replies 3. In § 502.62, paragraph (a)(6) is revised to read as follows: ■ § 502.62 Private party complaints for formal adjudication. (a) * * * (6) Filing fee: The complaint must be accompanied by remittance of a $289 filing fee. * * * * * ■ 4. In § 502.75, revise paragraph (a)(3) to read as follows: § 502.75 Declaratory orders and fee. (a) * * * E:\FR\FM\27MYP1.SGM 27MYP1 33640 Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Proposed Rules § 502.76 Petitions-general and fee. * * * * * (b) Petitions must be accompanied by remittance of a $289 filing fee. [Rule 76.] Subpart K—Shortened Procedure 6. The last sentence of § 502.182 is revised to read as follows: ■ § 502.182 Complaint and memorandum of facts and arguments and filing fee. * * * The complaint must be accompanied by remittance of a $289 filing fee. [Rule 182.] Subpart Q—Refund or Waiver of Freight Charges 7. In § 502.271, revise paragraph (d)(5) to read as follows: ■ § 502.271 Special docket application for permission to refund or waive freight charges. * * * * * (d) * * * (5) Applications must be accompanied by remittance of a $117 filing fee. * * * * * (i) Search will be performed by clerical/administrative personnel at a rate of $27 per hour and by professional/executive personnel at a rate of $57 per hour. (ii) Minimum charge for record search is $27. (2) Charges for review of records to determine whether they are exempt from disclosure under § 503.33 must be assessed to recover full costs at the rate of $57 per hour. * * * (3) * * * (i) If performed by requesting party at the rate of ten cents per page (one side). (ii) By Commission personnel, at the rate of ten cents per page (one side) plus $27 per hour. (iii) Minimum charge for copying is $5. * * * * * (4) The certification and validation (with Federal Maritime Commission seal) of documents filed with or issued by the Commission will be available at $84 for each certification. * * * * * (e) Applications for admission to practice before the Commission for persons not attorneys at law must be accompanied by a fee of $153 pursuant to § 502.27 of this chapter. § 515.5 Subpart H—Access to Any Record of Identifiable Personal Information (3) Petitions must be accompanied by remittance of a $289 filing fee. * * * * * ■ 5. In § 502.76, revise paragraph (b) to read as follows: Forms and Fees. Authority: 5 U.S.C. 553; 46 U.S.C. 305, 40101–40102, 40501–40503, 40701–40706, 41101–41109. * * * * * (c) * * * (2) * * * (i) Application for new OTI license as required by § 515.12(a): Automated filing $250; paper filing pursuant to waiver $1,055. (ii) Application for change to OTI license or license transfer as required by § 515.20(a) and (b): Automated filing $125; paper filing pursuant to waiver $735. * * * * * Subpart D—Duties and Responsibilities of Ocean Transportation Intermediaries; Reports to Commission 14. The last sentence of § 515.34 is removed and the second sentence is revised to read as follows: ■ § 515.34 Regulated Persons Index. * * * The database is available at no charge on the Commission’s Web site at www.fmc.gov. PART 520—CARRIER AUTOMATED TARIFFS 15. The authority citation for part 520 continues to read as follows: ■ Subpart S—Informal Procedure for Adjudication of Small Claims ■ 11. In § 503.69, paragraphs (b)(1) and (2) are revised to read as follows: Subpart B—Filing Requirements 8. The last sentence of § 502.304(b) is revised to read as follows: § 503.69 ■ ■ § 502.304 Procedure and filing fee. * * * * * (b) * * * Such claims must be accompanied by remittance of an $85 filing fee. * * * * * PART 503—PUBLIC INFORMATION 9. The authority citation for Part 503 continues to read as follows: ■ Authority: 5 U.S.C. 331, 552, 552a, 552b, 553; 31 U.S.C. 9701; E.O. 13526 of January 5, 2010 (75 FR 707), sections 5.1(a) and (b). 10. In § 503.50, Paragraph (c)(1) introductory text, paragraphs (c)(1)(i) and (ii); the first sentence of paragraph (c)(2); paragraph (c)(3)(i), (ii) and (iii), paragraph (c)(4); and paragraph (e) are revised to read as follows: rmajette on DSK2TPTVN1PROD with PROPOSALS ■ § 503.50 Fees for services. * * * * * (c) * * * (1) Records search (including electronic search) will be performed by Commission personnel at the following rates: VerDate Sep<11>2014 15:22 May 26, 2016 Jkt 238001 Fees. * * * * * (b) * * * (1) The copying of records and documents will be available at the rate of ten cents per page (one side), limited to size 81⁄4″ x 14″ or smaller. (2) The certification and validation (with Federal Maritime Commission seal) of documents filed with or issued by the Commission will be available at $84 for each certification. * * * * * 16. The last sentence of § 520.14 paragraph (c)(1) is revised to read as follows: § 520.14 Special permission. * * * * * (c) * * * (1) * * * Every such application must be submitted to the Bureau of Trade Analysis and be accompanied by a filing fee of $299. * * * * * PART 530—SERVICE CONTRACTS 17. The authority citation for part 530 continues to read as follows: PART 515—LICENSING, FINANCIAL RESPONSIBILITY REQUIREMENTS, AND GENERAL DUTIES FOR OCEAN TRANSPORTATION INTERMEDIARIES ■ 12. The authority citation for part 515 continues to read as follows: Subpart B—Filing Requirements ■ Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 46 U.S.C. 305, 40102, 40104, 40501–40503, 40901–40904, 41101–41109, 41301–41302, 41305–41307; Pub. L. 105–383,112 Stat. 3411; 21 U.S.C. 862. Subpart A—General Frm 00035 Fmt 4702 18. In § 530.10 paragraph (c) introuductory text is revised to read as follows: ■ § 530.10 Amendment, correction, cancellation, and electronic transmission errors. * 13. In § 515.5, paragraphs (c)(2)(i) and (ii) are revised to read as follows: ■ PO 00000 Authority: 5 U.S.C. 553; 46 U.S.C. 305, 40301–40306, 40501–40503, 41307. Sfmt 4702 * * * * (c) Corrections. Requests must be filed, in duplicate, with the E:\FR\FM\27MYP1.SGM 27MYP1 Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Proposed Rules Authority: 5 U.S.C. 552, 553; 31 U.S.C. 9701; 46 U.S.C. 305, 44101–44106. Commission’s Office of the Secretary within forty-five (45) days of the contract’s filing with the Commission, accompanied by remittance of an $95 service fee, and must include: * * * * * Subpart A—Proof of Financial Responsibility, Bonding and Certification of Financial Responsibility for Indemnification of Passengers for Nonperformance of Transportation PART 531—NVOCC SERVICE ARRANGEMENTS 19. The authority citation for part 531 continues to read as follows: ■ Authority: 46 U.S.C. 40103. 24. The last two sentences in § 540.4 paragraph (e) are revised to read as follows: ■ § 540.4 Procedure for establishing financial responsibility. 20. In § 531.8 paragraph (b)(1) is revised to read as follows: ■ * * * * * (b) * * * (1) Requests must be filed, in duplicate, with the Commission’s Office of the Secretary within forty-five (45) days of the contract’s filing with the Commission, accompanied by remittance of an $95 service fee. * * * * * PART 535—AGREEMENTS BY OCEAN COMMON CARRIERS AND OTHER PERSONS SUBJECT TO THE SHIPPING ACT OF 1984 21. The authority citation for part 535 continues to read as follows: ■ Authority: 5 U.S.C. 553; 46 U.S.C. 305, 40101–40104, 40301–40307, 40501–40503, 40901–40904, 41101–41109, 41301–41302, and 41305–41307. PART 560—ACTIONS TO ADDRESS CONDITIONS UNDULY IMPAIRING ACCESS OF U.S.-FLAG VESSELS TO OCEAN TRADE BETWEEN FOREIGN PORTS 25. The last two sentences in § 540.23 paragraph (b) are revised to read as follows: § 540.23 Procedure for establishing financial responsibility. 22. In § 535.401 paragraphs (g) and (h) are revised to read as follows: * General requirements. rmajette on DSK2TPTVN1PROD with PROPOSALS * * * * * (g) Fees. The filing fee is $3,218 for new agreements and any agreement modifications requiring Commission review and action; $526 for agreements processed under delegated authority (for types of agreements that can be processed under delegated authority, see § 501.27(e) of this chapter); $303 for carrier exempt agreements; and $90 for terminal exempt agreements. (h) The fee for a request for expedited review of an agreement pursuant to § 535.605 is $159. This fee must be paid in addition to the carrier agreement filing fee required by paragraph (g) of this section. PART 540—PASSENGER VESSEL FINANCIAL RESPONSIBILITY 23. The authority citation for part 540 continues to read as follows: ■ VerDate Sep<11>2014 15:22 May 26, 2016 Jkt 238001 27. The authority citation for part 555 continues to read as follows: ■ Subpart B—Proof of Financial Responsibility, Bonding and Certification of Financial Responsibility to Meet Liability Incurred for Death or Injury to Passengers or Other Persons on Voyages Subpart D—Filing of Agreements § 535.401 PART 555—ACTIONS TO ADDRESS ADVERSE CONDITIONS AFFECTING U.S.-FLAG CARRIERS THAT DO NOT EXIST FOR FOREIGN CARRIERS IN THE UNITED STATES Authority: 5 U.S.C. 553; sec. 10002 of the Foreign Shipping Practices Act of 1988 (46 U.S.C. 42301–42307). ■ ■ part must be filed with the Secretary, Federal Maritime Commission, Washington, DC 20573. The petition must be accompanied by remittance of a $289 filing fee. * * * * (e) * * * An application for a Certificate (Performance), excluding an application for the addition or substitution of a vessel to the applicant’s fleet, must be accompanied by a filing fee remittance of $2,284 An application for a Certificate (Performance) for the addition or substitution of a vessel to the applicant’s fleet must be accompanied by a filing fee remittance of $1,224. * * * * * * § 531.8 Amendment, correction, cancellation, and electronic transmission errors. 33641 * * * * (b) * * * An application for a Certificate (Casualty), excluding an application for the addition or substitution of a vessel to the applicant’s fleet, must be accompanied by a filing fee remittance of $1,085. An application for a Certificate (Casualty) for the addition or substitution of a vessel to the applicant’s fleet must be accompanied by a filing fee remittance of $593. * * * * * Subpart D—Petitions for Section 19 Relief 26. Revise § 550.402 to read as follows: ■ § 550.402 28. The last sentence in § 555.4 paragraph (a) is revised to read as follows: ■ § 555.4 Petitions. (a) * * * The petition must be accompanied by remittance of a $289 filing fee. * * * * * 29. The authority citation for part 560 continues to read as follows: ■ Authority: 5 U.S.C. 553; secs. 13(b)(6), 15 and 17 of the Shipping Act of 1984, 46 U.S.C. 305, 40104, and 41108(d); sec. 10002 of the Foreign Shipping Practices Act of 1988 (46 U.S.C. 42301–42307). 30. The last sentence in § 560.3 paragraph (a)(2) is revised to read as follows: ■ § 560.3 Petitions for relief. (a) * * * (2) * * * The petition must be accompanied by remittance of a $289 filing fee. * * * * * By the Commission. Karen V. Gregory, Secretary. [FR Doc. 2016–12326 Filed 5–26–16; 8:45 am] BILLING CODE 6731–AA–P Filing of petitions. Except for petitions for rulemaking, all requests for relief from conditions unfavorable to shipping in the foreign trade must be by written petition. An original and fifteen copies of a petition for relief under the provisions of this PO 00000 Frm 00036 Fmt 4702 Sfmt 9990 E:\FR\FM\27MYP1.SGM 27MYP1

Agencies

[Federal Register Volume 81, Number 103 (Friday, May 27, 2016)]
[Proposed Rules]
[Pages 33637-33641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12326]


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

FEDERAL MARITIME COMMISSION

46 CFR Parts 502, 503, 515, 520, 530, 535, 540, 550, 555, and 560

[Docket No. 16-06]
RIN 3072-AC34


Update of Existing and Addition of New User Fees

AGENCY: Federal Maritime Commission.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Federal Maritime Commission (Commission) proposes amending 
its current user fees and invites public comment on whether the 
Commission should amend its user fees. Specifically, the Commission 
proposes increasing fees for: Filing complaints and certain petitions; 
records searches, document copying, and admissions to practice; paper 
filing of ocean transportation intermediary (OTI) applications; filing 
applications for special permission; and filing agreements.
    The Commission also proposes lowering fees for: Reviewing Freedom 
of Information Act (FOIA) requests; revising clerical errors on service 
contracts; Revising clerical errors on non-vessel-operating common 
carrier (NVOCC) service agreements; and Commission services to 
passenger vessel operators (PVOs).
    In addition, the Commission proposes repealing four existing fees 
for: Adding interested parties to a specific docket mailing list; the 
Regulated Persons Index database; database reports on Effective Carrier 
Agreements; and filing petitions for rulemaking. The Commission also 
proposes adding a new fee for requests for expedited review of an 
agreement filing.

DATES: Comments are due on or before June 27, 2016.

ADDRESSES: You may submit comments, identified by the docket number in 
the heading of this document, by any of the following methods:
     Email: secretary@fmc.gov. Include in the subject line: 
``Docket No. 16-06, Comments on ``Update of User Fees.'' Comments 
should be attached to the email as a Microsoft Word or text-searchable 
PDF document. Comments containing confidential information should not 
be submitted by email.
     Mail: Karen V. Gregory, Secretary, Federal Maritime 
Commission, 800 North Capitol Street NW., Washington, DC 20573-0001. 
Phone: (202) 523-5725. Email: secretary@fmc.gov.
     Docket: For access to the docket to read 
background documents or comments received, go to: http://www.fmc.gov/16-06.

FOR FURTHER INFORMATION CONTACT: Karen V. Gregory, Secretary, Federal 
Maritime Commission, 800 North Capitol Street NW., Washington, DC 
20573-0001. Phone: (202) 523-5725. Email: secretary@fmc.gov.

SUPPLEMENTARY INFORMATION: The Commission's current user fees are based 
on an assessment of fiscal year 2004 costs and have not been updated

[[Page 33638]]

since 2005.\1\ Consequently, many of the current user fees no longer 
represent the Commission's actual costs for providing services. The 
Commission is seeking comments on possible adjustments to its user fees 
based on fiscal year 2015 costs assessed through a new methodology for 
calculating costs for services provided by the Commission.
---------------------------------------------------------------------------

    \1\ The Commission established the fee for filing or updating 
OTI license applications electronically in 2007.
---------------------------------------------------------------------------

    The Independent Offices Appropriation Act of 1952 (IOAA), 31 U.S.C. 
9701, authorizes agencies to establish charges (user fees) for services 
and benefits that it provides to specific recipients. Under the IOAA, 
charges must be fair and based on the costs to the Government, the 
value of the service or thing to the recipient, the public policy or 
interest served, and other relevant facts. The IOAA also provides that 
regulations implementing user fees are subject to policies prescribed 
by the President, which are currently set forth in OMB Circular A-25, 
User Charges (revised July 8, 1993).
    OMB Circular A-25 requires agencies to conduct a periodic 
reassessment of costs and, if necessary, adjust or establish new fees. 
Under OMB Circular A-25, fees should be established for Government-
provided services that confer benefits on identifiable recipients over 
and above those benefits received by the general public. OMB Circular 
A-25 also provides that agencies should determine or estimate costs 
based on the best available records in the agency, and that cost 
computations must cover the direct and indirect costs to the agency 
providing the activity.

Fee Assessment Methodology

    Applying the guidance for assessing fees provided in OMB Circular 
A-25, the Commission has revised its methodology for computing fees to 
determine the full costs of providing services.\2\ A detailed 
description of the methodology, as established by the Commission's 
Office of Budget and Finance, is available in the docket to this 
rulemaking.
---------------------------------------------------------------------------

    \2\ The revised methodology also satisfies the recommendations 
set forth in the Commission's Office of Inspector General's report, 
Review of FMC's User Fee Calculations (May 27, 2010).
---------------------------------------------------------------------------

    The Commission has developed data on the time and cost involved in 
providing particular services to arrive at the updated direct and 
indirect labor costs for those services. As part of its assessment, the 
Commission utilized salaries of Full Time Equivalents (FTEs) assigned 
to fee-generating activities to identify the various direct and 
indirect costs associated with providing services. Direct labor costs 
include clerical and professional time expended on an activity. 
Indirect labor costs include labor provided by bureaus and offices that 
provide direct support to the fee-generating offices in their efforts 
to provide services, and include managerial and supervisory costs 
associated with providing a particular service. Other indirect costs 
include Government overhead costs, such as fringe benefits and other 
wage-related Government contributions contained in OMB Circular A-76, 
Performance of Commercial Activities (revised May 29, 2003) and office 
general and administrative expenses.\3\ The sum of these indirect cost 
components gives an indirect cost factor that is added to the direct 
labor costs of an activity to arrive at the fully distributed cost.
---------------------------------------------------------------------------

    \3\ OMB Circular A-76 lists the following indirect labor costs: 
Leave and holidays, retirement, worker's compensation, awards, 
health and life insurance, and Medicare. General and administrative 
costs are expressed as a percentage of basic pay. These include all 
salaries and overhead such as rent, utilities, supplies, and 
equipment allocated to Commission offices that provide direct 
support to fee-generating offices such as the Office of the Managing 
Director, Office of Information Technology, Office of Human 
Resources, Office of Budget and Finance, and the Office of 
Management Services.
---------------------------------------------------------------------------

Proposed Fee Adjustments

    The adjustments the Commission proposes will allow some user fees 
to remain unchanged; increase, reduce, or delete other fees; and add 
one new fee. The Commission proposes making upward adjustments of fees 
to reflect increases in salary and indirect (overhead) costs. For some 
services, an increase in processing or review time may account for all 
or part of increase in the amount of the proposed fees. For other 
services, fees may be lower than current fees due to an overall reduced 
cost to provide those services.
    The Commission assesses nominal processing fees for services 
related to the filing of complaints and certain petitions; various 
public information services, such as records searches, document 
copying, and admissions to practice; and filing applications for 
special permission. Due to an increase in the processing cost of these 
services, the Commission is proposing adjusting upward these 
administrative fees based on an assessment of fiscal year 2015 costs. 
Similarly, the Commission proposes adjusting upward the user fees 
associated with agreements filed under 46 CFR part 535 because of the 
increase in reviewing and analyzing the agreement filings.
    With respect to OTI license applications, the Commission offers 
lower fees for electronic filing of license applications through its 
FMC-18 automated filing system. The Commission first adopted lower fees 
in 2007 to promote the use of the electronic filing option by the 
public and to facilitate the transfer of OTI records from a paper-based 
format to a more convenient and accessible digital format.\4\ As 
intended, the majority of OTI applicants are using the automated system 
and paying the reduced fees. In fiscal year 2015, the total number of 
OTI applicants using the automated filing system at the reduced fees 
was 619, and the total number of OTI applicants filing their 
applications in paper format at the higher fees was 44. This program 
has been successful and the Commission proposes continuing to offer the 
lower fees for electronic filing at the current fee amounts.\5\
---------------------------------------------------------------------------

    \4\ FMC Docket No. 07-08, Optional Method of Filing Form FMC-18, 
Application for a License as an Ocean Transportation Intermediary, 
72 FR 44976, 44977 (Aug. 10, 2007).
    \5\ While the automated filing system allows users to file their 
applications electronically, the automated system for processing the 
applications is still under development. The fees for the electronic 
filing of OTI applications will be addressed by the Commission when 
the entire FMC-18 automated system is complete and operational, and 
the costs of the system and its impact on the review of OTI 
applications can be quantified.
---------------------------------------------------------------------------

    The Commission proposes decreasing fees for the Commission's 
services to passenger vessel operators (PVOs) under 46 CFR part 540. 
These services include reviewing and processing the application for 
certification on performance; the supplemental application on 
performance for the addition or substitution of a vessel; the 
application for certification on casualty, and the supplemental 
application on casualty for the addition or substitution of a vessel.
    For reviews of requests filed under FOIA, the Commission proposes 
lowering the fees due to the change in grade level of the professional 
staff that review FOIA requests. For revisions of clerical errors on 
service contracts, the Commission proposes lowing the fee due to the 
reduction in processing time.
    The Commission proposes repealing the user fee for obtaining a copy 
of the Regulated Persons Index given that it is currently available on 
the Commission's Web site. The Commission also proposes repealing the 
current fee assessed for adding an interested party to a specific 
docket mailing list under Sec.  503.50(d), and the fee assessed under 
Sec.  535.401(h) for obtaining a Commission agreement database report.
    In addition, the Commission proposes repealing the user fee for 
filing petitions for rulemaking found in Sec.  503.51(a).

[[Page 33639]]

This would align the Commission with the practice of other agencies, 
the vast majority of which do not impose a fee to file petitions for 
rulemaking. Repealing this user fee would also enhance access to the 
rulemaking process, thereby making it fairer and more open.
    The Commission also proposes adding a new fee for processing 
requests for expedited review of an agreement under Sec.  535.605, 
which allows filing parties to request that the 45-day waiting period 
be shortened to meet an operational urgency. The Commission believes 
that a fee for processing such requests is necessary to recoup the cost 
of publishing a separate Federal Register notice for expedited review. 
This new fee would be assessed in addition to the underlying agreement 
filing fee required by Sec.  535.401(g).
    The Commission welcomes comments on its new fee calculation 
methodology and possible fee adjustments.

Regulatory Analysis and Notices

Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., requires an 
agency to review regulations to assess their impact on small entities 
and prepare an initial regulatory flexibility analysis (IRFA), unless 
the agency head determines that the regulatory action will not have a 
significant impact on a substantial number of small entities. The 
proposed adjusted user fees reflect the costs of specific Commission 
services for identifiable recipients. The economic impact of user fees 
on a small entity results from the entity requesting a particular 
service that requires payment of a fee for that service. The dollar 
amount of each user fee proposed in this rule is not substantial enough 
to have a significant economic impact on any entity subject to the user 
fee. The proposed increases in user fees is below the rise in inflation 
and employment cost from the last assessment in fiscal year 2004. 
Furthermore, the Commission's regulations provide for a waiver or 
reduction of any fee in extraordinary situations. 46 CFR 503.42. The 
Chairman of the Commission, therefore, certifies that the proposed 
rule, if promulgated, will not have a significant economic impact on a 
substantial number of small entities.\6\
---------------------------------------------------------------------------

    \6\ In extraordinary situations, the Commission will accept 
requests for waivers or fee reductions. Such request must 
demonstrate that the waiver or reduction of a fee is in the best 
interest of the public, or that payment of a fee would impose an 
undue hardship.
---------------------------------------------------------------------------

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521) requires 
an agency to seek and receive approval from the Office of Management 
and Budget (OMB) before making most requests for information if the 
agency is requesting information from more than ten persons. 44 U.S.C. 
3507. The agency must submit collections of information in proposed 
rules to OMB in conjunction with the publication of the proposed 
rulemaking. 5 CFR 1320.11. The Commission is not proposing any 
collections of information, as defined by 44 U.S.C. 3502(3) and 5 CFR 
1320.3(c), as part of this proposed rule.

Regulation Identifier Number

    The Commission assigns a regulation identifier number (RIN) to each 
regulatory action listed in the Unified Agenda of Federal Regulatory 
and Deregulatory Actions (Unified Agenda). The Regulatory Information 
Service Center publishes the Unified Agenda in April and October of 
each year. You may use the RIN contained in the heading at the 
beginning of this document to find this action in the Unified Agenda, 
available at http://www.reginfo.gov/public/do/eAgendaMain.

List of Subjects

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 503

    Classified information, Freedom of Information, Privacy, Sunshine 
Act.

46 CFR Part 515

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

46 CFR Part 520

    Common carrier, Freight, Intermodal transportation, Maritime 
carriers, Reporting and recordkeeping requirements.

46 CFR Part 530

    Freight, Maritime carriers, Report and recordkeeping requirements.

46 CFR Part 531

    Freight, Maritime carriers, Report and recordkeeping requirements.

46 CFR Part 535

    Administrative practice and procedure, Maritime carriers, Reporting 
and recordkeeping requirements.

46 CFR Part 540

    Insurance, Maritime carriers, Penalties, Reporting and 
recordkeeping requirements, Surety bonds.

46 CFR Part 550

    Administrative practice and procedure, Maritime carriers.

46 CFR Part 551

    Administrative practice and procedure, Maritime carriers.

46 CFR Part 555

    Administrative practice and procedure, Investigations, Maritime 
carriers.

46 CFR Part 560

    Administrative practice and procedure, Maritime carriers.

    For the reasons set forth above, the Federal Maritime Commission 
proposes to amend 46 CFR parts 502, 503, 515, 520, 530, 535, 540, 550, 
555, and 560 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, 
571-584; 591-596; 18 U.S.C. 207; 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; 5 CFR part 2635.

Subpart D--Rulemaking


Sec.  502.51  [Amended]

0
2. In Sec.  502.51, amend paragraph (a) by removing ``Sec.  502.74'' 
and adding in its place ``Sec.  502.69'' and removing the fourth 
sentence.

Subpart E--Proceedings; Pleadings; Motions; Replies

0
3. In Sec.  502.62, paragraph (a)(6) is revised to read as follows:


Sec.  502.62  Private party complaints for formal adjudication.

    (a) * * *
    (6) Filing fee: The complaint must be accompanied by remittance of 
a $289 filing fee.
* * * * *
0
4. In Sec.  502.75, revise paragraph (a)(3) to read as follows:


Sec.  502.75  Declaratory orders and fee.

    (a) * * *

[[Page 33640]]

    (3) Petitions must be accompanied by remittance of a $289 filing 
fee.
* * * * *
0
5. In Sec.  502.76, revise paragraph (b) to read as follows:


Sec.  502.76  Petitions-general and fee.

* * * * *
    (b) Petitions must be accompanied by remittance of a $289 filing 
fee. [Rule 76.]

Subpart K--Shortened Procedure

0
6. The last sentence of Sec.  502.182 is revised to read as follows:


Sec.  502.182  Complaint and memorandum of facts and arguments and 
filing fee.

    * * * The complaint must be accompanied by remittance of a $289 
filing fee. [Rule 182.]

Subpart Q--Refund or Waiver of Freight Charges

0
7. In Sec.  502.271, revise paragraph (d)(5) to read as follows:


Sec.  502.271  Special docket application for permission to refund or 
waive freight charges.

* * * * *
    (d) * * *
    (5) Applications must be accompanied by remittance of a $117 filing 
fee.
* * * * *

Subpart S--Informal Procedure for Adjudication of Small Claims

0
8. The last sentence of Sec.  502.304(b) is revised to read as follows:


Sec.  502.304  Procedure and filing fee.

* * * * *
    (b) * * * Such claims must be accompanied by remittance of an $85 
filing fee.
* * * * *

PART 503--PUBLIC INFORMATION

0
9. The authority citation for Part 503 continues to read as follows:

    Authority:  5 U.S.C. 331, 552, 552a, 552b, 553; 31 U.S.C. 9701; 
E.O. 13526 of January 5, 2010 (75 FR 707), sections 5.1(a) and (b).

0
10. In Sec.  503.50, Paragraph (c)(1) introductory text, paragraphs 
(c)(1)(i) and (ii); the first sentence of paragraph (c)(2); paragraph 
(c)(3)(i), (ii) and (iii), paragraph (c)(4); and paragraph (e) are 
revised to read as follows:


Sec.  503.50  Fees for services.

* * * * *
    (c) * * *
    (1) Records search (including electronic search) will be performed 
by Commission personnel at the following rates:
    (i) Search will be performed by clerical/administrative personnel 
at a rate of $27 per hour and by professional/executive personnel at a 
rate of $57 per hour.
    (ii) Minimum charge for record search is $27.
    (2) Charges for review of records to determine whether they are 
exempt from disclosure under Sec.  503.33 must be assessed to recover 
full costs at the rate of $57 per hour. * * *
    (3) * * *
    (i) If performed by requesting party at the rate of ten cents per 
page (one side).
    (ii) By Commission personnel, at the rate of ten cents per page 
(one side) plus $27 per hour.
    (iii) Minimum charge for copying is $5.
* * * * *
    (4) The certification and validation (with Federal Maritime 
Commission seal) of documents filed with or issued by the Commission 
will be available at $84 for each certification.
* * * * *
    (e) Applications for admission to practice before the Commission 
for persons not attorneys at law must be accompanied by a fee of $153 
pursuant to Sec.  502.27 of this chapter.

Subpart H--Access to Any Record of Identifiable Personal 
Information

0
11. In Sec.  503.69, paragraphs (b)(1) and (2) are revised to read as 
follows:


Sec.  503.69  Fees.

* * * * *
    (b) * * *
    (1) The copying of records and documents will be available at the 
rate of ten cents per page (one side), limited to size 8\1/4\'' x 14'' 
or smaller.
    (2) The certification and validation (with Federal Maritime 
Commission seal) of documents filed with or issued by the Commission 
will be available at $84 for each certification.
* * * * *

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

0
12. 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. 305, 40102, 
40104, 40501-40503, 40901-40904, 41101-41109, 41301-41302, 41305-
41307; Pub. L. 105-383,112 Stat. 3411; 21 U.S.C. 862.

Subpart A--General

0
13. In Sec.  515.5, paragraphs (c)(2)(i) and (ii) are revised to read 
as follows:


Sec.  515.5  Forms and Fees.

* * * * *
    (c) * * *
    (2) * * *
    (i) Application for new OTI license as required by Sec.  515.12(a): 
Automated filing $250; paper filing pursuant to waiver $1,055.
    (ii) Application for change to OTI license or license transfer as 
required by Sec.  515.20(a) and (b): Automated filing $125; paper 
filing pursuant to waiver $735.
* * * * *

Subpart D--Duties and Responsibilities of Ocean Transportation 
Intermediaries; Reports to Commission

0
14. The last sentence of Sec.  515.34 is removed and the second 
sentence is revised to read as follows:


Sec.  515.34  Regulated Persons Index.

    * * * The database is available at no charge on the Commission's 
Web site at www.fmc.gov.

PART 520--CARRIER AUTOMATED TARIFFS

0
15. The authority citation for part 520 continues to read as follows:

    Authority:  5 U.S.C. 553; 46 U.S.C. 305, 40101-40102, 40501-
40503, 40701-40706, 41101-41109.

Subpart B--Filing Requirements

0
16. The last sentence of Sec.  520.14 paragraph (c)(1) is revised to 
read as follows:


Sec.  520.14  Special permission.

* * * * *
    (c) * * *
    (1) * * * Every such application must be submitted to the Bureau of 
Trade Analysis and be accompanied by a filing fee of $299.
* * * * *

PART 530--SERVICE CONTRACTS

0
17. The authority citation for part 530 continues to read as follows:

    Authority:  5 U.S.C. 553; 46 U.S.C. 305, 40301-40306, 40501-
40503, 41307.

Subpart B--Filing Requirements

0
18. In Sec.  530.10 paragraph (c) introuductory text is revised to read 
as follows:


Sec.  530.10  Amendment, correction, cancellation, and electronic 
transmission errors.

* * * * *
    (c) Corrections. Requests must be filed, in duplicate, with the

[[Page 33641]]

Commission's Office of the Secretary within forty-five (45) days of the 
contract's filing with the Commission, accompanied by remittance of an 
$95 service fee, and must include:
* * * * *

PART 531--NVOCC SERVICE ARRANGEMENTS

0
19. The authority citation for part 531 continues to read as follows:

    Authority:  46 U.S.C. 40103.

0
20. In Sec.  531.8 paragraph (b)(1) is revised to read as follows:


Sec.  531.8  Amendment, correction, cancellation, and electronic 
transmission errors.

* * * * *
    (b) * * *
    (1) Requests must be filed, in duplicate, with the Commission's 
Office of the Secretary within forty-five (45) days of the contract's 
filing with the Commission, accompanied by remittance of an $95 service 
fee.
* * * * *

PART 535--AGREEMENTS BY OCEAN COMMON CARRIERS AND OTHER PERSONS 
SUBJECT TO THE SHIPPING ACT OF 1984

0
21. The authority citation for part 535 continues to read as follows:

    Authority:  5 U.S.C. 553; 46 U.S.C. 305, 40101-40104, 40301-
40307, 40501-40503, 40901-40904, 41101-41109, 41301-41302, and 
41305-41307.

Subpart D--Filing of Agreements

0
22. In Sec.  535.401 paragraphs (g) and (h) are revised to read as 
follows:


Sec.  535.401  General requirements.

* * * * *
    (g) Fees. The filing fee is $3,218 for new agreements and any 
agreement modifications requiring Commission review and action; $526 
for agreements processed under delegated authority (for types of 
agreements that can be processed under delegated authority, see Sec.  
501.27(e) of this chapter); $303 for carrier exempt agreements; and $90 
for terminal exempt agreements.
    (h) The fee for a request for expedited review of an agreement 
pursuant to Sec.  535.605 is $159. This fee must be paid in addition to 
the carrier agreement filing fee required by paragraph (g) of this 
section.

PART 540--PASSENGER VESSEL FINANCIAL RESPONSIBILITY

0
23. The authority citation for part 540 continues to read as follows:

    Authority:  5 U.S.C. 552, 553; 31 U.S.C. 9701; 46 U.S.C. 305, 
44101-44106.

Subpart A--Proof of Financial Responsibility, Bonding and 
Certification of Financial Responsibility for Indemnification of 
Passengers for Nonperformance of Transportation

0
24. The last two sentences in Sec.  540.4 paragraph (e) are revised to 
read as follows:


Sec.  540.4  Procedure for establishing financial responsibility.

* * * * *
    (e) * * * An application for a Certificate (Performance), excluding 
an application for the addition or substitution of a vessel to the 
applicant's fleet, must be accompanied by a filing fee remittance of 
$2,284 An application for a Certificate (Performance) for the addition 
or substitution of a vessel to the applicant's fleet must be 
accompanied by a filing fee remittance of $1,224.
* * * * *

Subpart B--Proof of Financial Responsibility, Bonding and 
Certification of Financial Responsibility to Meet Liability 
Incurred for Death or Injury to Passengers or Other Persons on 
Voyages

0
25. The last two sentences in Sec.  540.23 paragraph (b) are revised to 
read as follows:


Sec.  540.23  Procedure for establishing financial responsibility.

* * * * *
    (b) * * * An application for a Certificate (Casualty), excluding an 
application for the addition or substitution of a vessel to the 
applicant's fleet, must be accompanied by a filing fee remittance of 
$1,085. An application for a Certificate (Casualty) for the addition or 
substitution of a vessel to the applicant's fleet must be accompanied 
by a filing fee remittance of $593.
* * * * *

Subpart D--Petitions for Section 19 Relief

0
26. Revise Sec.  550.402 to read as follows:


Sec.  550.402  Filing of petitions.

    Except for petitions for rulemaking, all requests for relief from 
conditions unfavorable to shipping in the foreign trade must be by 
written petition. An original and fifteen copies of a petition for 
relief under the provisions of this part must be filed with the 
Secretary, Federal Maritime Commission, Washington, DC 20573. The 
petition must be accompanied by remittance of a $289 filing fee.

PART 555--ACTIONS TO ADDRESS ADVERSE CONDITIONS AFFECTING U.S.-FLAG 
CARRIERS THAT DO NOT EXIST FOR FOREIGN CARRIERS IN THE UNITED 
STATES

0
27. The authority citation for part 555 continues to read as follows:

    Authority:  5 U.S.C. 553; sec. 10002 of the Foreign Shipping 
Practices Act of 1988 (46 U.S.C. 42301-42307).

0
28. The last sentence in Sec.  555.4 paragraph (a) is revised to read 
as follows:


Sec.  555.4  Petitions.

    (a) * * * The petition must be accompanied by remittance of a $289 
filing fee.
* * * * *

PART 560--ACTIONS TO ADDRESS CONDITIONS UNDULY IMPAIRING ACCESS OF 
U.S.-FLAG VESSELS TO OCEAN TRADE BETWEEN FOREIGN PORTS

0
29. The authority citation for part 560 continues to read as follows:

    Authority:  5 U.S.C. 553; secs. 13(b)(6), 15 and 17 of the 
Shipping Act of 1984, 46 U.S.C. 305, 40104, and 41108(d); sec. 10002 
of the Foreign Shipping Practices Act of 1988 (46 U.S.C. 42301-
42307).

0
30. The last sentence in Sec.  560.3 paragraph (a)(2) is revised to 
read as follows:


Sec.  560.3  Petitions for relief.

    (a) * * *
    (2) * * * The petition must be accompanied by remittance of a $289 
filing fee.
* * * * *

    By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2016-12326 Filed 5-26-16; 8:45 am]
 BILLING CODE 6731-AA-P