Update of Existing and Addition of New User Fees, 59141-59145 [2016-20647]
Download as PDF
Federal Register / Vol. 81, No. 167 / Monday, August 29, 2016 / Rules and Regulations
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
59141
Authority: 42 U.S.C. 7401 et seq.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Subpart EE—New Hampshire
2. In § 52.1520(d), the table is
amended by removing existing entries
for Parker-Hanifan Corporation, Textile
Tapes Corporation (2 entries), and
Webster Valve, and adding new entries
for Parker-Hannifin Corporation, Textile
Tapes Corporation, and Watts Regulator
Company to the end of the table to read
as follows:
■
Dated: August 15, 2016.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
§ 52.1520
PART 52—[AMENDED]
Identification of plan.
*
*
*
*
*
(d) EPA-approved State Source
specific requirements.
1. The authority citation for part 52
continues to read as follows:
■
EPA-APPROVED NEW HAMPSHIRE SOURCE SPECIFIC REQUIREMENTS
State effective
date
Name of source
Permit No.
*
*
*
Parker-Hannifin Corporation ..........................................
ARD 03–001A
10/22/2014
Textile Tapes Corporation .............................................
ARD–96–001
7/30/2015
Watts Regulator Company .............................................
ARD 07–001
8/21/2015
*
EPA approval date 2
*
*
8/29/2016 [Insert Federal
Register citation].
8/29/2016 [Insert Federal
Register citation].
8/29/2016 [Insert Federal
Register citation].
Additional
explanations/
§ 52.1535 citation
*
VOC RACT Order.
VOC RACT Order.
VOC RACT Order.
*
*
*
*
*
*
*
In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
2
*
*
*
*
*
[FR Doc. 2016–20538 Filed 8–26–16; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL MARITIME COMMISSION
46 CFR Parts 502, 503, 515, 520, 530,
531, 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.
Final rule.
AGENCY:
ACTION:
The Federal Maritime
Commission (Commission) is amending
its user fees to more accurately align
fees with the costs associated with each
service provided by the Commission.
Specifically, the Commission is
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.
jstallworth on DSK7TPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
14:52 Aug 26, 2016
Jkt 238001
The Commission is also 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
arrangements; and Commission services
to passenger vessel operators (PVOs).
In addition, the Commission is
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, and adding a
new fee for requests for expedited
review of an agreement filing.
DATES: Effective October 1, 2016.
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
since 2005.1 Consequently, many of the
1 The Commission established the fee for filing or
updating OTI license applications electronically in
2007.
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
current user fees no longer represent the
Commission’s actual costs for providing
services. The Commission is adjusting
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
E:\FR\FM\29AUR1.SGM
29AUR1
jstallworth on DSK7TPTVN1PROD with RULES
59142
Federal Register / Vol. 81, No. 167 / Monday, August 29, 2016 / Rules and Regulations
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.
On March 21, 2016, the Commission
issued an Advanced Notice of Proposed
Rulemaking (ANPRM), 81 FR 15002,
seeking public comment and did not
receive any comments. The Commission
again sought public comment by issuing
a Notice of Proposed Rulemaking
(NPRM), 81 FR 33637, on May 27, 2016.
The Commission received two
comments in response to the NPRM, one
from an individual and one from the
World Shipping Council.
The individual commenter requested
that the Commission eliminate 46 CFR
503.50(c)(1)(ii) and (c)(3)(iii) to avoid
ambiguity, improve clarity, and conform
to typical federal agency practice. The
commenter claims that the wording is
ambiguous because the proposed
language states that the minimum
charge for a records search is $27, but
the Commission does not charge a fee
for two hours of search for
noncommercial requesters. The
Commission provides an exception to
the minimum search fee for educational
and noncommercial scientific
institution requesters and for
representatives of the news media
requesters because the Freedom of
Information Act (FOIA), 5 U.S.C.
552(a)(4)(A)(ii), precludes agencies from
imposing a search fee when the
requester is not seeking documents for
a commercial use. The commenter also
argues that there is ambiguity in the
proposed language because there are
existing provisions where the
Commission does not charge a fee at all
if the processing of the fee were likely
to equal or exceed the fee itself. The
Commission provides this de minimus
exception, in accordance with 5 U.S.C.
552(a)(A)(iv)(I). While the Commission
does not consider § 503.50(c)(1)(ii) and
(c)(3)(iii) as proposed in the NPRM to be
confusing, we are adding the phrase
‘‘Unless an exception provided in
§ 503.50(b)(2) applies’’ to make the rule
unequivocally clear.
The individual commenter requested
that the Commission not adopt certain
portions of proposed § 503.50(c)(3)(i)
and (ii) because they do not reflect OMB
FOIA Fee Guidelines. Similarly, the
commenter requested that § 503.69(b)(1)
not be modified because the
Commission did not provide a rationale
for the change in duplication fees and
there is no evidence that there has been
any examination of the actual per page
direct cost of xerographic duplication.
The individual also commented that
the basis for the rule change in
VerDate Sep<11>2014
14:52 Aug 26, 2016
Jkt 238001
§ 503.69(b)(1) is unclear and that it is
unclear where the Regulated Persons
Index is located on the Commission’s
Web site.
The World Shipping Council requests
that the Commission provide detailed
cost information for each service it
provides and requests an additional 45day comment period. The Commission
believes transparency and public
participation is essential in amending
user fees and has afforded stakeholders
two opportunities to comment on the
proposed changes. Furthermore, the
Commission provided a summary of the
fee assessment methodology in both the
ANPRM and NPRM. In addition, the
Commission provided a detailed
description of the methodology in the
docket to this rulemaking, as well as a
detailed fee index. In the interest of
transparency, the Commission will
place the cost analysis for each service
in the docket. The Commission,
however, believes that ample time and
information has been provided for
public comment and, therefore, will not
go forward with a third comment
period.
Fee Adjustments
The adjustments will allow some user
fees to remain unchanged; increase,
reduce, or delete other fees; and add one
new fee. The Commission is increasing
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 the increase in the amount of the fees.
For other services, fees are 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 adjusting upward
these administrative fees based on an
assessment of fiscal year 2015 costs.
Similarly, the Commission is 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 fees for electronic
filing of license applications through the
Commission’s FMC–18 automated filing
system are lower than the fees to file
paper applications. The Commission
first adopted lower fees in 2007 to
promote the use of the electronic filing
option by the public and to facilitate the
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
transfer of OTI records from a paperbased format to a more convenient and
accessible digital format.2 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 is continuing to
offer the lower fees for electronic filing
at the current fee amounts.3
The Commission is 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 is 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 is
lowering the fee due to the reduction in
processing time.
The Commission is 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.
(https://www2.fmc.gov/oti/) 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 is
repealing the user fee for filing petitions
for rulemaking found in § 503.51(a).
This aligns 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
2 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).
3 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.
E:\FR\FM\29AUR1.SGM
29AUR1
Federal Register / Vol. 81, No. 167 / Monday, August 29, 2016 / Rules and Regulations
process, thereby making it fairer and
more open.
The Commission is also 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 will be assessed in addition to the
underlying agreement filing fee required
by § 535.401(g).
Regulatory Analysis and Notices
Regulatory Flexibility Act
The Regulatory Flexibility Act, 5
U.S.C. 601 et. seq., requires an agency
to review final rules to assess their
impact on small entities and prepare a
final regulatory flexibility analysis
(FRFA), unless the agency head
determines that the regulatory action
will not have a significant impact on a
substantial number of small entities.
The Chairman certified, in the NPRM,
that the proposed rule would not have
a significant economic impact on a
substantial number of small entities.
The 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. On
average, as weighted by the volume of
fee assessments for fiscal year 2015, the
total increase in user fees is below the
rise in inflation and employment costs
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 final rule, will not have
a significant economic impact on a
substantial number of small entities.4
jstallworth on DSK7TPTVN1PROD with RULES
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
4 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
14:52 Aug 26, 2016
Jkt 238001
Budget (OMB) before making most
requests for information if the agency is
requesting information from more than
ten persons. 44 U.S.C. 3507. This final
rule does not contain any collections of
information, as defined by 44 U.S.C.
3502(3) and 5 CFR 1320.3(c).
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, 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.
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.
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
59143
46 CFR Part 550
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 amends
46 CFR parts 502, 503, 515, 520, 530,
535, 540, 550, 555, and 560 as follows:
PART 502—RULES OF PRACTICE AND
PROCEDURE
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
§ 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.
■
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) * * *
(3) Petitions must be accompanied by
remittance of a $289 filing fee.
*
*
*
*
*
■ 5. In § 502.76, revise paragraph (b) to
read as follows:
§ 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:
■
E:\FR\FM\29AUR1.SGM
29AUR1
59144
Federal Register / Vol. 81, No. 167 / Monday, August 29, 2016 / Rules and Regulations
§ 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.
*
*
*
*
*
Subpart S—Informal Procedure for
Adjudication of Small Claims
8. The last sentence of § 502.304(b) is
revised to read as follows:
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) Unless an exception provided in
paragraph (b)(2) of this section applies,
the 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.
■
§ 502.304
Subpart H—Access to Any Record of
Identifiable Personal Information
9. The authority citation for Part 503
is revised 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, 3 CFR, 2010 Comp., p.
298, sections 5.1(a) and (b).
Subpart F—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.
*
*
*
*
*
10. In § 503.50, paragraph (c)(1)
introductory text, paragraphs (c)(1)(i)
and (ii); the first sentence of paragraph
(c)(2); paragraphs (c)(3)(i), (ii) and (iii);
paragraph (c)(4); and paragraph (e) are
revised to read as follows:
PART 515—LICENSING, FINANCIAL
RESPONSIBILITY REQUIREMENTS,
AND GENERAL DUTIES FOR OCEAN
TRANSPORTATION INTERMEDIARIES
§ 503.50
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.
■
jstallworth on DSK7TPTVN1PROD with RULES
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
16. The authority citation for Part 520
continues to read as follows:
■
■
Fees.
*
■
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) Unless an exception provided in
paragraph (b)(2) of this section applies,
the minimum charge for record search is
$27.
(2) Charges for review of records to
determine whether they are exempt
Jkt 238001
§ 515.34
§ 503.69
PART 503—PUBLIC INFORMATION
17:19 Aug 26, 2016
15. The last sentence of § 515.34 is
removed and the second sentence is
revised to read as follows:
■
Authority: 5 U.S.C. 553; 46 U.S.C. 305,
40101–40102, 40501–40503, 40701–40706,
41101–41109.
■
*
*
*
*
(b) * * * Such claims must be
accompanied by remittance of an $85
filing fee.
*
*
*
*
*
VerDate Sep<11>2014
Subpart D—Duties and
Responsibilities of Ocean
Transportation Intermediaries; Reports
to Commission
11. In § 503.69, paragraphs (b)(1) and
(2) are revised to read as follows:
Procedure and filing fee.
*
*
(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.
12. The authority citation for Part 515
continues to read as follows:
■
Subpart A—General
13. In § 515.5, paragraphs (c)(2)(i) and
(ii) are revised to read as follows:
■
§ 515.5
Forms and fees.
*
*
*
*
*
(c) * * *
(2) * * *
(i) Application for new OTI license as
required by § 515.12(a): Automated
filing $250; paper filing pursuant to
waiver $1,055.
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
17. 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
18. 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
19. In § 530.10, paragraph (c)
introductory text is revised to read as
follows:
■
§ 530.10 Amendment, correction,
cancellation, and electronic transmission
errors.
*
*
*
*
*
(c) Corrections. 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, and must include:
*
*
*
*
*
E:\FR\FM\29AUR1.SGM
29AUR1
Federal Register / Vol. 81, No. 167 / Monday, August 29, 2016 / Rules and Regulations
PART 531—NVOCC SERVICE
ARRANGEMENTS
Authority: 46 U.S.C. 40103.
Subpart A—Proof of Financial
Responsibility, Bonding and
Certification of Financial
Responsibility for Indemnification of
Passengers for Nonperformance of
Transportation
Subpart D—Petitions for Section 19
Relief
26. The last two sentences in § 540.4
paragraph (e) are revised to read as
follows:
20. The authority citation for Part 531
continues to read as follows:
■
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.
■
■
§ 531.8 Amendment, correction,
cancellation, and electronic transmission
errors.
§ 540.4 Procedure for establishing
financial responsibility.
*
*
21. 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—OCEAN COMMON
CARRIER AND MARINE TERMINAL
OPERATOR AGREEMENTS SUBJECT
TO THE SHIPPING ACT OF 1984
22. 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
24. In § 535.401 paragraphs (g) and (h)
are revised to read as follows:
■
§ 535.401
General requirements.
jstallworth on DSK7TPTVN1PROD with RULES
*
*
*
*
(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.
VerDate Sep<11>2014
14:52 Aug 26, 2016
Jkt 238001
§ 550.402
Filing of petitions.
PART 555—ACTIONS TO ADDRESS
ADVERSE CONDITIONS AFFECTING
U.S.-FLAG CARRIERS THAT DO NOT
EXIST FOR FOREIGN CARRIERS IN
THE UNITED STATES
30. 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).
27. The last two sentences in § 540.23
paragraph (b) are revised to read as
follows:
(a) * * * The petition must be
accompanied by remittance of a $289
filing fee.
*
*
*
*
*
■
§ 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.
*
*
*
*
*
PART 550—REGULATIONS TO
ADJUST OR MEET CONDITIONS
UNFAVORABLE TO SHIPPING IN THE
FOREIGN TRADE OF THE UNITED
STATES
28. The authority citation for Part 550
continues to read as follows:
25. The authority citation for Part 540
continues to read as follows:
29. Revise § 550.402 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
■
PART 540—PASSENGER VESSEL
FINANCIAL RESPONSIBILITY
Authority: 5 U.S.C. 552, 553; 31 U.S.C.
9701; 46 U.S.C. 305, 44101–44106.
*
*
*
*
(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.
*
*
*
*
*
*
*
■
59145
Authority: 5 U.S.C. 553; 46 U.S.C. 301–
307; sec. 19 (a)(2), (e), (f), (g), (h), (i), (j), (k)
and (l) of the Merchant Marine Act, 1920, 46
U.S.C. 42101 and 42104–42109; and sec.
10002 of the Foreign Shipping Practices Act
of 1988, 46 U.S.C. 42301–42307.
PO 00000
Frm 00017
Fmt 4700
Sfmt 9990
31. The last sentence in § 555.4
paragraph (a) is revised to read as
follows:
■
§ 555.4
Petitions.
PART 560—ACTIONS TO ADDRESS
CONDITIONS UNDULY IMPAIRING
ACCESS OF U.S.-FLAG VESSELS TO
OCEAN TRADE BETWEEN FOREIGN
PORTS
32. 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).
33. 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. 2016–20647 Filed 8–26–16; 8:45 am]
BILLING CODE 6731–AA–P
E:\FR\FM\29AUR1.SGM
29AUR1
Agencies
[Federal Register Volume 81, Number 167 (Monday, August 29, 2016)]
[Rules and Regulations]
[Pages 59141-59145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20647]
=======================================================================
-----------------------------------------------------------------------
FEDERAL MARITIME COMMISSION
46 CFR Parts 502, 503, 515, 520, 530, 531, 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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Maritime Commission (Commission) is amending its
user fees to more accurately align fees with the costs associated with
each service provided by the Commission. Specifically, the Commission
is 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 is also 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 arrangements; and Commission services to
passenger vessel operators (PVOs).
In addition, the Commission is 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, and adding a new fee
for requests for expedited review of an agreement filing.
DATES: Effective October 1, 2016.
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
since 2005.\1\ Consequently, many of the current user fees no longer
represent the Commission's actual costs for providing services. The
Commission is adjusting 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
[[Page 59142]]
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.
On March 21, 2016, the Commission issued an Advanced Notice of
Proposed Rulemaking (ANPRM), 81 FR 15002, seeking public comment and
did not receive any comments. The Commission again sought public
comment by issuing a Notice of Proposed Rulemaking (NPRM), 81 FR 33637,
on May 27, 2016. The Commission received two comments in response to
the NPRM, one from an individual and one from the World Shipping
Council.
The individual commenter requested that the Commission eliminate 46
CFR 503.50(c)(1)(ii) and (c)(3)(iii) to avoid ambiguity, improve
clarity, and conform to typical federal agency practice. The commenter
claims that the wording is ambiguous because the proposed language
states that the minimum charge for a records search is $27, but the
Commission does not charge a fee for two hours of search for
noncommercial requesters. The Commission provides an exception to the
minimum search fee for educational and noncommercial scientific
institution requesters and for representatives of the news media
requesters because the Freedom of Information Act (FOIA), 5 U.S.C.
552(a)(4)(A)(ii), precludes agencies from imposing a search fee when
the requester is not seeking documents for a commercial use. The
commenter also argues that there is ambiguity in the proposed language
because there are existing provisions where the Commission does not
charge a fee at all if the processing of the fee were likely to equal
or exceed the fee itself. The Commission provides this de minimus
exception, in accordance with 5 U.S.C. 552(a)(A)(iv)(I). While the
Commission does not consider Sec. 503.50(c)(1)(ii) and (c)(3)(iii) as
proposed in the NPRM to be confusing, we are adding the phrase ``Unless
an exception provided in Sec. 503.50(b)(2) applies'' to make the rule
unequivocally clear.
The individual commenter requested that the Commission not adopt
certain portions of proposed Sec. 503.50(c)(3)(i) and (ii) because
they do not reflect OMB FOIA Fee Guidelines. Similarly, the commenter
requested that Sec. 503.69(b)(1) not be modified because the
Commission did not provide a rationale for the change in duplication
fees and there is no evidence that there has been any examination of
the actual per page direct cost of xerographic duplication.
The individual also commented that the basis for the rule change in
Sec. 503.69(b)(1) is unclear and that it is unclear where the
Regulated Persons Index is located on the Commission's Web site.
The World Shipping Council requests that the Commission provide
detailed cost information for each service it provides and requests an
additional 45-day comment period. The Commission believes transparency
and public participation is essential in amending user fees and has
afforded stakeholders two opportunities to comment on the proposed
changes. Furthermore, the Commission provided a summary of the fee
assessment methodology in both the ANPRM and NPRM. In addition, the
Commission provided a detailed description of the methodology in the
docket to this rulemaking, as well as a detailed fee index. In the
interest of transparency, the Commission will place the cost analysis
for each service in the docket. The Commission, however, believes that
ample time and information has been provided for public comment and,
therefore, will not go forward with a third comment period.
Fee Adjustments
The adjustments will allow some user fees to remain unchanged;
increase, reduce, or delete other fees; and add one new fee. The
Commission is increasing 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 the increase in the
amount of the fees. For other services, fees are 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 adjusting upward these administrative fees
based on an assessment of fiscal year 2015 costs. Similarly, the
Commission is 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 fees for electronic
filing of license applications through the Commission's FMC-18
automated filing system are lower than the fees to file paper
applications. 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.\2\ 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 is continuing to offer the lower fees for
electronic filing at the current fee amounts.\3\
---------------------------------------------------------------------------
\2\ 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).
\3\ 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 is 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 is
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 is lowering the fee due to the
reduction in processing time.
The Commission is 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. (https://www2.fmc.gov/oti/) 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 is repealing the user fee for filing
petitions for rulemaking found in Sec. 503.51(a). This aligns 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
[[Page 59143]]
process, thereby making it fairer and more open.
The Commission is also 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
will be assessed in addition to the underlying agreement filing fee
required by Sec. 535.401(g).
Regulatory Analysis and Notices
Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 601 et. seq., requires an
agency to review final rules to assess their impact on small entities
and prepare a final regulatory flexibility analysis (FRFA), unless the
agency head determines that the regulatory action will not have a
significant impact on a substantial number of small entities. The
Chairman certified, in the NPRM, that the proposed rule would not have
a significant economic impact on a substantial number of small
entities. The 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. On average, as weighted by the volume of fee assessments
for fiscal year 2015, the total increase in user fees is below the rise
in inflation and employment costs 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
final rule, will not have a significant economic impact on a
substantial number of small entities.\4\
---------------------------------------------------------------------------
\4\ 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. This final rule does not contain any collections of information,
as defined by 44 U.S.C. 3502(3) and 5 CFR 1320.3(c).
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 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
amends 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) * * *
(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:
[[Page 59144]]
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 is revised 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, 3 CFR, 2010 Comp., p. 298,
sections 5.1(a) and (b).
Subpart F--Fees
0
10. In Sec. 503.50, paragraph (c)(1) introductory text, paragraphs
(c)(1)(i) and (ii); the first sentence of paragraph (c)(2); paragraphs
(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) Unless an exception provided in paragraph (b)(2) of this
section applies, the 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) Unless an exception provided in paragraph (b)(2) of this
section applies, the 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
15. 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
16. 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.
0
17. 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
18. 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
19. In Sec. 530.10, paragraph (c) introductory 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
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:
* * * * *
[[Page 59145]]
PART 531--NVOCC SERVICE ARRANGEMENTS
0
20. The authority citation for Part 531 continues to read as follows:
Authority: 46 U.S.C. 40103.
0
21. 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--OCEAN COMMON CARRIER AND MARINE TERMINAL OPERATOR
AGREEMENTS SUBJECT TO THE SHIPPING ACT OF 1984
0
22. 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
24. 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
25. 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
26. 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
27. 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.
* * * * *
PART 550--REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO
SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES
0
28. The authority citation for Part 550 continues to read as follows:
Authority: 5 U.S.C. 553; 46 U.S.C. 301-307; sec. 19 (a)(2),
(e), (f), (g), (h), (i), (j), (k) and (l) of the Merchant Marine
Act, 1920, 46 U.S.C. 42101 and 42104-42109; and sec. 10002 of the
Foreign Shipping Practices Act of 1988, 46 U.S.C. 42301-42307.
Subpart D--Petitions for Section 19 Relief
0
29. 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
30. 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
31. 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
32. 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
33. 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. 2016-20647 Filed 8-26-16; 8:45 am]
BILLING CODE 6731-AA-P