Update of Existing and Addition of New User Fees, 33637-33641 [2016-12326]
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Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Proposed Rules
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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
https://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.
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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:
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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: https://
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:
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Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Proposed Rules
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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).
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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.
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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
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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.
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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 https://
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.
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§ 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
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Subpart D—Rulemaking
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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) * * *
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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:
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■
§ 503.50
Fees for services.
*
*
*
*
*
(c) * * *
(1) Records search (including
electronic search) will be performed by
Commission personnel at the following
rates:
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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
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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
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Fmt 4702
Sfmt 9990
E:\FR\FM\27MYP1.SGM
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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: https://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.
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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\
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\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.
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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 https://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