Update of Existing User Fees, 50290-50295 [2018-21671]

Download as PDF 50290 Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations Community No. State and location Region IV North Carolina: Chapel Hill, Town of, Durham and Orange Counties. Chatham County, Unincorporated Areas 370299 Durham, City of, Durham County .......... 370086 Durham County, Unincorporated Areas 370085 Orange County, Unincorporated Areas 370342 370180 Region V Ohio: Butler County, Unincorporated Areas ... 390037 Fairfield, City of, Butler and Hamilton Counties. Hamilton, City of, Butler County ............ 390038 390039 Middletown, City of, Butler and Warren Counties. Millville, Village of, Butler County .......... 390040 390041 Monroe, City of, Butler and Warren Counties. New Miami, Village of, Butler County. .. 390042 Seven Mile, Village of, Butler County ... 390045 Trenton, City of, Butler County .............. 390047 390043 Region X Oregon: Beaverton, City of, Washington County 410240 Forest Grove, City of, Washington County. Hillsboro, City of, Washington County .. 410241 King City, City of, Washington County .. 410269 North Plains, City of, Washington County. Sherwood, City of, Washington County 410270 Tigard, City of, Washington County ...... 410276 Tualatin, City of, Clackamas and Washington Counties. Washington County, Unincorporated Areas. 410277 410243 410273 410238 Effective date authorization/cancellation of sale of flood insurance in community Current effective map date Date certain Federal assistance no longer available in SFHAs February 9, 1973, Emerg; April 17, 1978, Reg; October 19, 2018, Susp. N/A, Emerg; March 4, 1997, Reg; October 19, 2018, Susp. July 13, 1973, Emerg; January 17, 1979, Reg; October 19, 2018, Susp. March 16, 1973, Emerg; February 15, 1979, Reg; October 19, 2018, Susp. July 15, 1975, Emerg; March 16, 1981, Reg; October 19, 2018, Susp. Oct. 19, 2018 ... Oct. 19, 2018. N/A, Emerg; October 5, 1989, Reg; October 19, 2018, Susp. October 21, 1974, Emerg; March 15, 1979, Reg; October 19, 2018, Susp. April 4, 1974, Emerg; July 15, 1977, Reg; October 19, 2018, Susp. June 13, 1975, Emerg; March 2, 1979, Reg; October 19, 2018, Susp. March 26, 1979, Emerg; February 4, 1981, Reg; October 19, 2018, Susp. August 18, 1975, Emerg; August 5, 1991, Reg; October 19, 2018, Susp. October 24, 1975, Emerg; February 18, 1981, Reg; October 19, 2018, Susp. July 7, 1975, Emerg; August 24, 1981, Reg; October 19, 2018, Susp. May 12, 1975, Emerg; September 3, 1979, Reg; October 19, 2018, Susp. October 30, 1974, Emerg; September 28, 1984, Reg; October 19, 2018, Susp. June 4, 1975, Emerg; March 15, 1982, Reg; October 19, 2018, Susp. January 20, 1975, Emerg; May 17, 1982, Reg; October 19, 2018, Susp. November 14, 1974, Emerg; February 11, 1976, Reg; October 19, 2018, Susp. March 25, 1977, Emerg; April 1, 1982, Reg; October 19, 2018, Susp. February 4, 1981, Emerg; January 6, 1982, Reg; October 19, 2018, Susp. February 5, 1975, Emerg; March 1, 1982, Reg; October 19, 2018, Susp. July 3, 1974, Emerg; February 17, 1982, Reg; October 19, 2018, Susp. April 10, 1973, Emerg; September 30, 1982, Reg; Oct. 19, 2018, Susp. ......do* .............. Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. Oct. 19, 2018 .... Oct. 19, 2018. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. daltland on DSKBBV9HB2PROD with RULES do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: September 27, 2018. Katherine B. Fox, Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration—FEMA Resilience, Department of Homeland Security, Federal Emergency Management Agency. FEDERAL MARITIME COMMISSION ACTION: 46 CFR Parts 502, 503, 515, 520, 530, 535, 540, 550, 555, and 560 SUMMARY: [FR Doc. 2018–21758 Filed 10–4–18; 8:45 am] RIN 3072–AC72 BILLING CODE 9110–12–P Update of Existing User Fees [Docket No. 18–08] AGENCY: VerDate Sep<11>2014 16:12 Oct 04, 2018 Jkt 247001 PO 00000 Fmt 4700 Sfmt 4700 The Federal Maritime Commission (Commission) is updating its current user fees and amending the relevant regulations to reflect these updates. The rule is effective without further action on December 19, 2018, unless significant adverse comments are DATES: Federal Maritime Commission. Frm 00036 Direct final rule; request for comments. E:\FR\FM\05OCR1.SGM 05OCR1 Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations filed prior to November 5, 2018. If significant adverse comments are received, the Commission will publish a timely withdrawal of the rule in the Federal Register no later than November 19, 2018. ADDRESSES: You may submit comments, identified by Docket No. 18–08, by the following methods: • Email: secretary@fmc.gov. For comments, include in the subject line: ‘‘Docket 18–08, Comments on User Fee Update.’’ Comments should be attached to the email as a Microsoft Word or textsearchable PDF document. Only nonconfidential and public versions of confidential comments and petitions should be submitted by email. • Mail: Rachel E. Dickon, Secretary, Federal Maritime Commission, 800 North Capitol Street NW, Washington, DC 20573–0001. Instructions: For detailed instructions on submitting comments, including requesting confidential treatment of comments, and additional information on the rulemaking process, see the Public Participation heading of the Supplementary Information section of this document. Note that all comments received will be posted without change to the Commission’s website, unless the commenter has requested confidential treatment. Docket: For access to the docket to read background documents or comments received, go to the Commission’s Electronic Reading Room at:https://www.fmc.gov/18-08, or to the Docket Activity Library at 800 North Capitol Street NW, Washington, DC 20573, 9:00 a.m. to 5:00 p.m., Monday through Friday, except Federal holidays. Telephone: (202) 523–5725. FOR FURTHER INFORMATION CONTACT: Rachel E. Dickon, Secretary. Phone: (202) 523–5725. Email: secretary@ fmc.gov. SUPPLEMENTARY INFORMATION: daltland on DSKBBV9HB2PROD with RULES I. Background 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 they provide 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 Office of Management and Budget (OMB) VerDate Sep<11>2014 16:12 Oct 04, 2018 Jkt 247001 Circular A–25, User Charges (revised July 8, 1993). Under OMB Circular A–25, fees must 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 further provides that user fees must be sufficient to recover the full cost to the government for providing the service, resource, or good. Agencies are advised to determine or estimate costs based on the best available records in the agency and to ensure that cost computations cover the direct and indirect costs to the agency of providing the service. OMB Circular A–25 also directs agencies to review biennially: (1) User charges for agency programs to assure that existing charges are adjusted to reflect unanticipated changes in costs or market values; and (2) all other agency programs to determine whether fees should be assessed. The Commission last reviewed and updated its user fees in 2016, when it revised its methodology for assessing fees to conform to OMB Circular A–25. 81 FR 59141 (Aug. 29, 2016). II. Fee Adjustments The Commission has reviewed its 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 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.1 The sum of 1 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 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 50291 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. A more detailed description of the Commission’s methodology has been included in the docket. The Commission is increasing some 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. One fee is being removed, and no new fees are being added. The Commission is including in the docket two supporting documents providing detailed information on the updated user fee calculations. The first document shows the current direct and indirect costs for each service for which a fee is assessed. The second document compares the current fee amounts established in 2016 with the updated fee amounts reflecting the current costs, showing the percentage increase or decrease and change in dollar amount. We briefly describe below those changes that result in more than a 10 percent increase or decrease to a particular fee. A. Informal Small Claims (Part 502) The filing fee for informal small claims filed under subpart S of the Commission’s Rules of Practice and Procedure (46 CFR part 502) is increasing from $85.00 to $106.00 due to a shift in some of the reviewing and processing time from Office of the Secretary staff to the Secretary. B. Record Search and Document Duplication Fees (Part 503) The hourly rate for document searches in response to Freedom of Information Act (FOIA) requests are increasing as follows: From $27 to $52 per hour for clerical/administrative personnel and from $57 to $81 per hours for professional executive personnel. The minimum charge for a records search is increasing from $27 to $31. The fee for the review of records to determine whether they are exempt from disclosure is increasing from $57 per hour to $105 per hour. These updated rates reflect the higher fiscal year 2017 salaries of the employees performing these tasks. The fees for duplicating records and documents are also increasing. Similar to the search charges, the hourly rate for duplicating documents is increasing Resources, Office of Budget and Finance, and the Office of Management Services. E:\FR\FM\05OCR1.SGM 05OCR1 50292 Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations from $27 to $57, and the minimum duplication charge is also increasing from $5 to $6, to reflect the higher salaries of staff performing these services. C. Certification and Validation of Documents (Part 503) The fees for certifying and validating documents filed with or issued by the Commission is increasing from $84 to $124. This updated fee reflects the higher fiscal year 2017 salaries of the staff who perform these tasks. D. Non-Attorney Admission To Practice (Part 503) The application fee for non-attorneys seeking admission to practice before the Commission is increasing from $153 to $208. This updated fee reflects the higher fiscal year 2017 salaries of the employees who review and process these applications. E. Docket Mailing List (Part 503) The Commission is removing the $9 fee associated with being placed on a mailing list to receive all issuances pertaining to a specific docket. Docket issuances are posted in the electronic reading room on the Commission’s website,2 and mailing lists for specific dockets are therefore no longer necessary. daltland on DSKBBV9HB2PROD with RULES F. OTI Licensing Fees (Part 515) The paper application fee for a new ocean transportation intermediary (OTI) license is increasing from $1,055 to $1,962, and the paper application fee for a change to an OTI license or license transfer is increasing from $735 to $1,548. These changes reflect increased review and processing times for these applications. Fees for electronically filed applications remain the same: $250 for new OTI licenses and $125 for changes to an OTI license or license transfer. While the automated filing system allows users to file their applications electronically, the automated system for processing the applications is still under development. As noted in the 2016 final rule, 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. 2 https://www.fmc.gov/electronic_reading_room/ activity_logs.aspx. VerDate Sep<11>2014 16:12 Oct 04, 2018 Jkt 247001 G. Passenger Vessel Operator Performance and Casualty Certificates (Part 540) The application fees for Certificates of Financial Responsibility for Indemnification of Passengers for Nonperformance of Transportation are increasing as follows: From $2,284 to $3,272 for general applications; and from $1,224 to $1,652 for applications to add or substitute a vessel to the applicant’s fleet. For Certificates of Financial Responsibility to Meet Liability Incurred for Death or Injury to Passengers or Other Persons on Voyages, the application fees are increasing as follows: From $1,085 to $1,441 for general applications; and from $593 to $718 for applications to add or substitute a vessel to the applicant’s fleet. These increases are primarily due to a change in grade level of the staff reviewing and processing these applications. This rule also corrects errors made to § 540.3(e) by the 2016 user fee rulemaking. The 2016 final rule’s amendatory instructions inadvertently duplicated the first sentence of § 540.3 and deleted the last sentence. This rule restores the text (aside from the updated fee amounts) to the pre-2016 version. III. Public Participation How do I prepare and submit comments? Your comments must be written and in English. To ensure that your comments are correctly filed in the docket, please include the docket number of this document in your comments. You may submit your comments via email to the email address listed above under ADDRESSES. Please include the docket number associated with this notice and the subject matter in the subject line of the email. Comments should be attached to the email as a Microsoft Word or text-searchable PDF document. Only non-confidential and public versions of confidential comments should be submitted by email. You may also submit comments by mail to the address listed above under ADDRESSES. How do I submit confidential business information? The Commission will provide confidential treatment for identified confidential information to the extent allowed by law. If your comments contain confidential information, you must submit the following by mail to the address listed above under ADDRESSES: PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 • A transmittal letter requesting confidential treatment that identifies the specific information in the comments for which protection is sought and demonstrates that the information is a trade secret or other confidential research, development, or commercial information. • A confidential copy of your comments, consisting of the complete filing with a cover page marked ‘‘Confidential—Restricted,’’ and the confidential material clearly marked on each page. You should submit the confidential copy to the Commission by mail. • A public version of your comments with the confidential information excluded. The public version must state ‘‘Public Version—confidential materials excluded’’ on the cover page and on each affected page, and must clearly indicate any information withheld. You may submit the public version to the Commission by email or mail. Will the Commission consider late comments? The Commission will consider all comments received before the close of business on the comment closing date indicated above under DATES. Because this is a direct final rule that will go into effect as specified in the DATES section in the absence of significant adverse comment received during the comment period, the Commission will not consider any comments filed after the comment closing date. How can I read comments submitted by other people? You may read the comments received by the Commission at the Commission’s Electronic Reading Room or the Docket Activity Library at the addresses listed above under ADDRESSES. IV. Rulemaking Analyses and Notices Direct Final Rule Justification The Commission expects the user fee updates to be noncontroversial. Under the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), a final rule may be issued without notice and comment when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. This rule merely updates the user fee amounts for various services provided by the Commission based on a review of the costs to provide these services. This rule makes no substantive changes to the Commission’s regulations nor does it E:\FR\FM\05OCR1.SGM 05OCR1 Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations affect any filing or other requirement. Accordingly, the Commission has determined that providing an opportunity for comment prior to publication of this direct final rule is unnecessary under 5 U.S.C. 553(b)(B). This rule will therefore become effective on the date listed in the DATES section, unless the Commission receives significant adverse comments within the specified period. The Commission recognizes that parties may have information that could impact the Commission’s views and intentions with respect to the revised regulations, and the Commission intends to consider any comments filed. The Commission will withdraw the rule by the date specified in the DATES section if it receives significant adverse comments. We note that the scope of the rulemaking is limited to the amounts charged for Commission services, and any changes to the underlying regulations governing those services or related requirements would be outside this scope. Accordingly, comments on the underlying regulations and related requirements will not be considered adverse. Filed comments that are not adverse may be considered for modifications to the Commission’s regulations at a future date. If no significant adverse comments are received, the rule will become effective without additional action by the Commission. daltland on DSKBBV9HB2PROD with RULES Congressional Review Act The rule is not a ‘‘major rule’’ as defined by the Congressional Review Act, codified at 5 U.S.C. 801 et seq. The rule will not result in: (1) An annual effect on the economy of $100,000,000 or more; (2) a major increase in costs or prices; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based companies to compete with foreignbased companies. 5 U.S.C. 804(2). Regulatory Flexibility Act The Regulatory Flexibility Act (codified as amended at 5 U.S.C. 601– 612) provides that whenever an agency promulgates a final rule after being required to publish a notice of proposed rulemaking under the APA (5 U.S.C. 553), the agency must prepare and make available a final regulatory flexibility analysis (FRFA) describing the impact of the rule on small entities. 5 U.S.C. 604. An agency is not required to publish a FRFA, however, for the following types of rules, which are excluded from the APA’s notice-andcomment requirement: Interpretative rules; general statements of policy; rules VerDate Sep<11>2014 16:12 Oct 04, 2018 Jkt 247001 of agency organization, procedure, or practice; and rules for which the agency for good cause finds that notice and comment is impracticable, unnecessary, or contrary to public interest. See 5 U.S.C. 553(b). As discussed above, the Commission has for good cause determined that notice and comment in this case is unnecessary. Therefore, the APA does not require publication of a notice of proposed rulemaking in this instance, and the Commission is not required to prepare a FRFA. National Environmental Policy Act The Commission’s regulations categorically exclude certain rulemakings from any requirement to prepare an environmental assessment or an environmental impact statement because they do not increase or decrease air, water or noise pollution or the use of fossil fuels, recyclables, or energy. 46 CFR 504.4. This rule updates user fees for services that fall within various categorical exclusions, and no environmental assessment or environmental impact statement is required. In particular, rulemakings related to the following fall under categorical exclusions: Processing OTI licenses (§ 504.4(a)(1)); certification of financial responsibility of passenger vessels under part 540 (§ 504.4(a)(2)); promulgation of procedural rules under part 502 (§ 504.4(a)(4); receipt of service contracts (§ 504.4(a)(5)); consideration of special permission applications under part 520 (§ 504.4(a)(6)); consideration of agreements (§ 504.4(a)(9)–(13), (30)–(35); action taken on special docket applications under § 502.271 (§ 504.4(a)(19)); and action regarding access to public information under part 503 (§ 504.4(a)(24)). Executive Order 12988 (Civil Justice Reform) This rule meets the applicable standards in E.O. 12988 titled, ‘‘Civil Justice Reform,’’ to minimize litigation, eliminate ambiguity, and reduce burden. 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 collecting information from the public. 44 U.S.C. 3507. The agency must submit collections of information in rules to OMB in conjunction with the publication of a rule. 5 CFR 1320.11. This rule does not contain any PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 50293 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, Financial responsibility requirements, Freight forwarders, Licensing requirements, Non-vesseloperating common carriers, Ocean transportation intermediaries, 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 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. E:\FR\FM\05OCR1.SGM 05OCR1 50294 Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations 46 CFR Part 560 PART 503—PUBLIC INFORMATION 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. 2. Amend § 502.62 by revising paragraph (a)(6) 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 $272 filing fee. * * * * * ■ 3. Amend § 502.93 by revising paragraph (a)(3) to read as follows: § 502.93 Declaratory orders and fee. (a) * * * (3) Petitions must be accompanied by remittance of a $291 filing fee. * * * * * ■ 4. Amend § 502.94 by revising paragraph (b) to read as follows: § 502.94 Petitions-general and fee. * * * * * (b) Petitions must be accompanied by remittance of a $291 filing fee. [Rule 94.] ■ 5. Amend § 502.271 by revising 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 $113 filing fee. * * * * * ■ 6. Amend § 502.304 by revising the last sentence of paragraph (b) to read as follows: daltland on DSKBBV9HB2PROD with RULES * § 502.304 Procedure and filing fee. * * * * * (b) * * * Such claims must be accompanied by remittance of a $106 filing fee. * * * * * VerDate Sep<11>2014 16:12 Oct 04, 2018 Jkt 247001 7. 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, 3 CFR, 2010 Comp., p. 298, sections 5.1(a) and (b). 8. Amend § 503.50 by: a. Revising paragraphs (c)(1)(i) and (ii), the first sentence of paragraph (c)(2), and paragraphs (c)(3)(ii) and (iii), (c)(4), and (d); and ■ b. Removing paragraph (e). The revisions read as follows: ■ ■ § 503.50 Fees for services. * * * * (c) * * * (1) * * * (i) Search will be performed by clerical/administrative personnel at a rate of $52 per hour and by professional/executive personnel at a rate of $81 per hour. (ii) Unless an exception provided in paragraph (b)(2) of this section applies, the minimum charge for record search is $31. (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 $105 per hour. * * * (3) * * * (ii) By Commission personnel, at the rate of ten cents per page (one side) plus $52 per hour. (iii) Unless an exception provided in paragraph (b)(2) of this section applies, the minimum charge for copying is $6. * * * * * (4) The certification and validation (with Federal Maritime Commission seal) of documents filed with or issued by the Commission will be available at $124 for each certification. (d) Applications for admission to practice before the Commission for persons not attorneys at law must be accompanied by a fee of $208 pursuant to § 502.27 of this chapter. 9. Amend § 503.69 by revising paragraph (b)(2) to read as follows: ■ Fees. * * * * * (b) * * * (2) The certification and validation (with Federal Maritime Commission seal) of documents filed with or issued by the Commission will be available at $124 for each certification. * * * * * PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 10. 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. 11. Amend § 515.5 by revising paragraphs (c)(2)(i) and (ii) to read as follows: ■ § 515.5 Forms and fees. * * § 503.69 PART 515—LICENSING, FINANCIAL RESPONSIBILITY REQUIREMENTS, AND GENERAL DUTIES FOR OCEAN TRANSPORTATION INTERMEDIARIES * * * * (c) * * * (2) * * * (i) Application for new OTI license as required by § 515.12(a): Automated filing $250; paper filing pursuant to waiver $1,962. (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 $1,548. PART 520—CARRIER AUTOMATED TARIFFS 12. 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. 13. Amend § 520.14 by revising the last sentence of paragraph (c)(1) 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 $313. * * * * * PART 530—SERVICE CONTRACTS 14. 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. 15. Amend § 530.10 by revising paragraph (c) introductory text to read as follows: ■ § 530.10 Amendment, correction, cancellation, and electronic transmission errors. * * * * * (c) Corrections. Requests shall be filed, in duplicate, with the Commission’s Office of the Secretary within one-hundred eighty (180) days of E:\FR\FM\05OCR1.SGM 05OCR1 Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations § 540.23 Procedure for establishing financial responsibility. the contract’s filing with the Commission, accompanied by remittance of a $99 service fee, and must include: * * * * * * PART 535—OCEAN COMMON CARRIER AND MARINE TERMINAL OPERATOR AGREEMENTS SUBJECT TO THE SHIPPING ACT OF 1984 16. 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. 17. Amend § 535.401 by revising paragraph (g) and the first sentence of paragraph (h) to read as follows: ■ § 535.401 * * * * * (g) The filing fee is $3,529 for new agreements and any agreement modifications requiring Commission review and action; $537 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 $89 for terminal exempt agreements. (h) The fee for a request for expedited review of an agreement pursuant to § 535.605 is $151. * * * PART 540—PASSENGER VESSEL FINANCIAL RESPONSIBILITY 18. 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. daltland on DSKBBV9HB2PROD with RULES 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. 22. Revise the last sentence of § 550.402 to read as follows: ■ § 550.402 Filing of petitions. * * * The petition must be accompanied by remittance of a $291 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 Authority: 5 U.S.C. 553; sec. 10002 of the Foreign Shipping Practices Act of 1988 (46 U.S.C. 42301–42307). § 540.4 Procedure for establishing financial responsibility. 24. Amend § 555.4 by revising the last sentence of paragraph (a) to read as follows: ■ * * * * (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 $3,272. 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 $1,652. Administrative changes, such as the renaming of a vessel will not incur any additional fees. * * * * * ■ 20. Amend § 540.23 by revising the last two sentences of paragraph (b) to read as follows: Jkt 247001 21. The authority citation for part 550 continues to read as follows: 23. The authority citation for part 555 continues to read as follows: 19. Amend § 540.4 by revising paragraph (e) to read as follows: 16:12 Oct 04, 2018 26. Amend § 560.3 by revising the last sentence of paragraph (a)(2) to read as follows: ■ § 560.3 Petitions for relief. (a) * * * (2) * * * The petition must be accompanied by remittance of a $291 filing fee. * * * * * By the Commission. Rachel Dickon, Secretary. [FR Doc. 2018–21671 Filed 10–4–18; 8:45 am] BILLING CODE 6731–AA–P ■ ■ ■ VerDate Sep<11>2014 PART 550—REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES 305, 40104, and 41108(d); sec. 10002 of the Foreign Shipping Practices Act of 1988 (46 U.S.C. 42301–42307). DEPARTMENT OF COMMERCE General requirements. * * * * * (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 $1,441. 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 $718. * * * * * 50295 § 555.4 Petitions. (a) * * * The petition must be accompanied by remittance of a $291 filing fee. * * * * * PART 560—ACTIONS TO ADDRESS CONDITIONS UNDULY IMPAIRING ACCESS OF U.S.-FLAG VESSELS TO OCEAN TRADE BETWEEN FOREIGN PORTS 25. 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. PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 160426363–7275–02] RIN 0648–XG523 Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2018–2019 Commercial Accountability Measure and Closure for King Mackerel in the Gulf of Mexico Western Zone National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS implements an accountability measure (AM) for commercial king mackerel in the western zone of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) through this temporary rule. NMFS has determined that the commercial quota for king mackerel in the western zone of the Gulf EEZ will be reached on October 5, 2018. Therefore, NMFS closes the western zone of the Gulf EEZ to commercial king mackerel fishing on October 5, 2018. This closure is necessary to protect the Gulf king mackerel resource. DATES: The closure is effective at noon, local time, on October 5, 2018, until 12:01 a.m., local time, on July 1, 2019. FOR FURTHER INFORMATION CONTACT: Susan Gerhart, NMFS Southeast Regional Office, telephone: 727–824– 5305, email: susan.gerhart@noaa.gov. SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic fish includes king mackerel, Spanish SUMMARY: E:\FR\FM\05OCR1.SGM 05OCR1

Agencies

[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)]
[Rules and Regulations]
[Pages 50290-50295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21671]


=======================================================================
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FEDERAL MARITIME COMMISSION

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

[Docket No. 18-08]
RIN 3072-AC72


Update of Existing User Fees

AGENCY: Federal Maritime Commission.

ACTION: Direct final rule; request for comments.

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SUMMARY: The Federal Maritime Commission (Commission) is updating its 
current user fees and amending the relevant regulations to reflect 
these updates.

DATES: The rule is effective without further action on December 19, 
2018, unless significant adverse comments are

[[Page 50291]]

filed prior to November 5, 2018. If significant adverse comments are 
received, the Commission will publish a timely withdrawal of the rule 
in the Federal Register no later than November 19, 2018.

ADDRESSES: You may submit comments, identified by Docket No. 18-08, by 
the following methods:
     Email: [email protected]. For comments, include in the 
subject line: ``Docket 18-08, Comments on User Fee Update.'' Comments 
should be attached to the email as a Microsoft Word or text-searchable 
PDF document. Only non-confidential and public versions of confidential 
comments and petitions should be submitted by email.
     Mail: Rachel E. Dickon, Secretary, Federal Maritime 
Commission, 800 North Capitol Street NW, Washington, DC 20573-0001.
    Instructions: For detailed instructions on submitting comments, 
including requesting confidential treatment of comments, and additional 
information on the rulemaking process, see the Public Participation 
heading of the Supplementary Information section of this document. Note 
that all comments received will be posted without change to the 
Commission's website, unless the commenter has requested confidential 
treatment.
    Docket: For access to the docket to read background documents or 
comments received, go to the Commission's Electronic Reading Room 
at:https://www.fmc.gov/18-08, or to the Docket Activity Library at 800 
North Capitol Street NW, Washington, DC 20573, 9:00 a.m. to 5:00 p.m., 
Monday through Friday, except Federal holidays. Telephone: (202) 523-
5725.

FOR FURTHER INFORMATION CONTACT: Rachel E. Dickon, Secretary. Phone: 
(202) 523-5725. Email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    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 they provide 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 Office of Management 
and Budget (OMB) Circular A-25, User Charges (revised July 8, 1993).
    Under OMB Circular A-25, fees must 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 further provides that user fees must be sufficient to recover the 
full cost to the government for providing the service, resource, or 
good. Agencies are advised to determine or estimate costs based on the 
best available records in the agency and to ensure that cost 
computations cover the direct and indirect costs to the agency of 
providing the service.
    OMB Circular A-25 also directs agencies to review biennially: (1) 
User charges for agency programs to assure that existing charges are 
adjusted to reflect unanticipated changes in costs or market values; 
and (2) all other agency programs to determine whether fees should be 
assessed. The Commission last reviewed and updated its user fees in 
2016, when it revised its methodology for assessing fees to conform to 
OMB Circular A-25. 81 FR 59141 (Aug. 29, 2016).

II. Fee Adjustments

    The Commission has reviewed its 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.\1\ 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. A 
more detailed description of the Commission's methodology has been 
included in the docket.
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    \1\ 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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    The Commission is increasing some 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. 
One fee is being removed, and no new fees are being added.
    The Commission is including in the docket two supporting documents 
providing detailed information on the updated user fee calculations. 
The first document shows the current direct and indirect costs for each 
service for which a fee is assessed. The second document compares the 
current fee amounts established in 2016 with the updated fee amounts 
reflecting the current costs, showing the percentage increase or 
decrease and change in dollar amount. We briefly describe below those 
changes that result in more than a 10 percent increase or decrease to a 
particular fee.

A. Informal Small Claims (Part 502)

    The filing fee for informal small claims filed under subpart S of 
the Commission's Rules of Practice and Procedure (46 CFR part 502) is 
increasing from $85.00 to $106.00 due to a shift in some of the 
reviewing and processing time from Office of the Secretary staff to the 
Secretary.

B. Record Search and Document Duplication Fees (Part 503)

    The hourly rate for document searches in response to Freedom of 
Information Act (FOIA) requests are increasing as follows: From $27 to 
$52 per hour for clerical/administrative personnel and from $57 to $81 
per hours for professional executive personnel. The minimum charge for 
a records search is increasing from $27 to $31. The fee for the review 
of records to determine whether they are exempt from disclosure is 
increasing from $57 per hour to $105 per hour. These updated rates 
reflect the higher fiscal year 2017 salaries of the employees 
performing these tasks.
    The fees for duplicating records and documents are also increasing. 
Similar to the search charges, the hourly rate for duplicating 
documents is increasing

[[Page 50292]]

from $27 to $57, and the minimum duplication charge is also increasing 
from $5 to $6, to reflect the higher salaries of staff performing these 
services.

C. Certification and Validation of Documents (Part 503)

    The fees for certifying and validating documents filed with or 
issued by the Commission is increasing from $84 to $124. This updated 
fee reflects the higher fiscal year 2017 salaries of the staff who 
perform these tasks.

D. Non-Attorney Admission To Practice (Part 503)

    The application fee for non-attorneys seeking admission to practice 
before the Commission is increasing from $153 to $208. This updated fee 
reflects the higher fiscal year 2017 salaries of the employees who 
review and process these applications.

E. Docket Mailing List (Part 503)

    The Commission is removing the $9 fee associated with being placed 
on a mailing list to receive all issuances pertaining to a specific 
docket. Docket issuances are posted in the electronic reading room on 
the Commission's website,\2\ and mailing lists for specific dockets are 
therefore no longer necessary.
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    \2\ https://www.fmc.gov/electronic_reading_room/activity_logs.aspx.
---------------------------------------------------------------------------

F. OTI Licensing Fees (Part 515)

    The paper application fee for a new ocean transportation 
intermediary (OTI) license is increasing from $1,055 to $1,962, and the 
paper application fee for a change to an OTI license or license 
transfer is increasing from $735 to $1,548. These changes reflect 
increased review and processing times for these applications. Fees for 
electronically filed applications remain the same: $250 for new OTI 
licenses and $125 for changes to an OTI license or license transfer. 
While the automated filing system allows users to file their 
applications electronically, the automated system for processing the 
applications is still under development. As noted in the 2016 final 
rule, 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.

G. Passenger Vessel Operator Performance and Casualty Certificates 
(Part 540)

    The application fees for Certificates of Financial Responsibility 
for Indemnification of Passengers for Nonperformance of Transportation 
are increasing as follows: From $2,284 to $3,272 for general 
applications; and from $1,224 to $1,652 for applications to add or 
substitute a vessel to the applicant's fleet. For Certificates of 
Financial Responsibility to Meet Liability Incurred for Death or Injury 
to Passengers or Other Persons on Voyages, the application fees are 
increasing as follows: From $1,085 to $1,441 for general applications; 
and from $593 to $718 for applications to add or substitute a vessel to 
the applicant's fleet. These increases are primarily due to a change in 
grade level of the staff reviewing and processing these applications.
    This rule also corrects errors made to Sec.  540.3(e) by the 2016 
user fee rulemaking. The 2016 final rule's amendatory instructions 
inadvertently duplicated the first sentence of Sec.  540.3 and deleted 
the last sentence. This rule restores the text (aside from the updated 
fee amounts) to the pre-2016 version.

III. Public Participation

How do I prepare and submit comments?

    Your comments must be written and in English. To ensure that your 
comments are correctly filed in the docket, please include the docket 
number of this document in your comments.
    You may submit your comments via email to the email address listed 
above under ADDRESSES. Please include the docket number associated with 
this notice and the subject matter in the subject line of the email. 
Comments should be attached to the email as a Microsoft Word or text-
searchable PDF document. Only non-confidential and public versions of 
confidential comments should be submitted by email.
    You may also submit comments by mail to the address listed above 
under ADDRESSES.

How do I submit confidential business information?

    The Commission will provide confidential treatment for identified 
confidential information to the extent allowed by law. If your comments 
contain confidential information, you must submit the following by mail 
to the address listed above under ADDRESSES:
     A transmittal letter requesting confidential treatment 
that identifies the specific information in the comments for which 
protection is sought and demonstrates that the information is a trade 
secret or other confidential research, development, or commercial 
information.
     A confidential copy of your comments, consisting of the 
complete filing with a cover page marked ``Confidential--Restricted,'' 
and the confidential material clearly marked on each page. You should 
submit the confidential copy to the Commission by mail.
     A public version of your comments with the confidential 
information excluded. The public version must state ``Public Version--
confidential materials excluded'' on the cover page and on each 
affected page, and must clearly indicate any information withheld. You 
may submit the public version to the Commission by email or mail.

Will the Commission consider late comments?

    The Commission will consider all comments received before the close 
of business on the comment closing date indicated above under DATES. 
Because this is a direct final rule that will go into effect as 
specified in the DATES section in the absence of significant adverse 
comment received during the comment period, the Commission will not 
consider any comments filed after the comment closing date.

How can I read comments submitted by other people?

    You may read the comments received by the Commission at the 
Commission's Electronic Reading Room or the Docket Activity Library at 
the addresses listed above under ADDRESSES.

IV. Rulemaking Analyses and Notices

Direct Final Rule Justification

    The Commission expects the user fee updates to be noncontroversial. 
Under the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), a 
final rule may be issued without notice and comment when the agency for 
good cause finds (and incorporates the finding and a brief statement of 
reasons therefor in the rules issued) that notice and public procedure 
thereon are impracticable, unnecessary, or contrary to the public 
interest. This rule merely updates the user fee amounts for various 
services provided by the Commission based on a review of the costs to 
provide these services. This rule makes no substantive changes to the 
Commission's regulations nor does it

[[Page 50293]]

affect any filing or other requirement. Accordingly, the Commission has 
determined that providing an opportunity for comment prior to 
publication of this direct final rule is unnecessary under 5 U.S.C. 
553(b)(B).
    This rule will therefore become effective on the date listed in the 
DATES section, unless the Commission receives significant adverse 
comments within the specified period. The Commission recognizes that 
parties may have information that could impact the Commission's views 
and intentions with respect to the revised regulations, and the 
Commission intends to consider any comments filed. The Commission will 
withdraw the rule by the date specified in the DATES section if it 
receives significant adverse comments.
    We note that the scope of the rulemaking is limited to the amounts 
charged for Commission services, and any changes to the underlying 
regulations governing those services or related requirements would be 
outside this scope. Accordingly, comments on the underlying regulations 
and related requirements will not be considered adverse. Filed comments 
that are not adverse may be considered for modifications to the 
Commission's regulations at a future date. If no significant adverse 
comments are received, the rule will become effective without 
additional action by the Commission.

Congressional Review Act

    The rule is not a ``major rule'' as defined by the Congressional 
Review Act, codified at 5 U.S.C. 801 et seq. The rule will not result 
in: (1) An annual effect on the economy of $100,000,000 or more; (2) a 
major increase in costs or prices; or (3) significant adverse effects 
on competition, employment, investment, productivity, innovation, or 
the ability of United States-based companies to compete with foreign-
based companies. 5 U.S.C. 804(2).

Regulatory Flexibility Act

    The Regulatory Flexibility Act (codified as amended at 5 U.S.C. 
601-612) provides that whenever an agency promulgates a final rule 
after being required to publish a notice of proposed rulemaking under 
the APA (5 U.S.C. 553), the agency must prepare and make available a 
final regulatory flexibility analysis (FRFA) describing the impact of 
the rule on small entities. 5 U.S.C. 604. An agency is not required to 
publish a FRFA, however, for the following types of rules, which are 
excluded from the APA's notice-and-comment requirement: Interpretative 
rules; general statements of policy; rules of agency organization, 
procedure, or practice; and rules for which the agency for good cause 
finds that notice and comment is impracticable, unnecessary, or 
contrary to public interest. See 5 U.S.C. 553(b).
    As discussed above, the Commission has for good cause determined 
that notice and comment in this case is unnecessary. Therefore, the APA 
does not require publication of a notice of proposed rulemaking in this 
instance, and the Commission is not required to prepare a FRFA.

National Environmental Policy Act

    The Commission's regulations categorically exclude certain 
rulemakings from any requirement to prepare an environmental assessment 
or an environmental impact statement because they do not increase or 
decrease air, water or noise pollution or the use of fossil fuels, 
recyclables, or energy. 46 CFR 504.4. This rule updates user fees for 
services that fall within various categorical exclusions, and no 
environmental assessment or environmental impact statement is required. 
In particular, rulemakings related to the following fall under 
categorical exclusions: Processing OTI licenses (Sec.  504.4(a)(1)); 
certification of financial responsibility of passenger vessels under 
part 540 (Sec.  504.4(a)(2)); promulgation of procedural rules under 
part 502 (Sec.  504.4(a)(4); receipt of service contracts (Sec.  
504.4(a)(5)); consideration of special permission applications under 
part 520 (Sec.  504.4(a)(6)); consideration of agreements (Sec.  
504.4(a)(9)-(13), (30)-(35); action taken on special docket 
applications under Sec.  502.271 (Sec.  504.4(a)(19)); and action 
regarding access to public information under part 503 (Sec.  
504.4(a)(24)).

Executive Order 12988 (Civil Justice Reform)

    This rule meets the applicable standards in E.O. 12988 titled, 
``Civil Justice Reform,'' to minimize litigation, eliminate ambiguity, 
and reduce burden.

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 collecting information from the public. 44 
U.S.C. 3507. The agency must submit collections of information in rules 
to OMB in conjunction with the publication of a rule. 5 CFR 1320.11. 
This 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, Financial responsibility requirements, Freight forwarders, 
Licensing requirements, Non-vessel-operating common carriers, Ocean 
transportation intermediaries, 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 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.

[[Page 50294]]

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.


0
2. Amend Sec.  502.62 by revising paragraph (a)(6) 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 $272 filing fee.
* * * * *

0
3. Amend Sec.  502.93 by revising paragraph (a)(3) to read as follows:


Sec.  502.93  Declaratory orders and fee.

    (a) * * *
    (3) Petitions must be accompanied by remittance of a $291 filing 
fee.
* * * * *

0
4. Amend Sec.  502.94 by revising paragraph (b) to read as follows:


Sec.  502.94  Petitions-general and fee.

* * * * *
    (b) Petitions must be accompanied by remittance of a $291 filing 
fee. [Rule 94.]

0
5. Amend Sec.  502.271 by revising 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 $113 filing 
fee.
* * * * *

0
6. Amend Sec.  502.304 by revising the last sentence of paragraph (b) 
to read as follows:


Sec.  502.304  Procedure and filing fee.

* * * * *
    (b) * * * Such claims must be accompanied by remittance of a $106 
filing fee.
* * * * *

PART 503--PUBLIC INFORMATION

0
7. 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, 3 CFR, 2010 Comp., p. 298, 
sections 5.1(a) and (b).


0
8. Amend Sec.  503.50 by:
0
a. Revising paragraphs (c)(1)(i) and (ii), the first sentence of 
paragraph (c)(2), and paragraphs (c)(3)(ii) and (iii), (c)(4), and (d); 
and
0
b. Removing paragraph (e).
    The revisions read as follows:


Sec.  503.50  Fees for services.

* * * * *
    (c) * * *
    (1) * * *
    (i) Search will be performed by clerical/administrative personnel 
at a rate of $52 per hour and by professional/executive personnel at a 
rate of $81 per hour.
    (ii) Unless an exception provided in paragraph (b)(2) of this 
section applies, the minimum charge for record search is $31.
    (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 $105 per hour. * * *
    (3) * * *
    (ii) By Commission personnel, at the rate of ten cents per page 
(one side) plus $52 per hour.
    (iii) Unless an exception provided in paragraph (b)(2) of this 
section applies, the minimum charge for copying is $6.
* * * * *
    (4) The certification and validation (with Federal Maritime 
Commission seal) of documents filed with or issued by the Commission 
will be available at $124 for each certification.
    (d) Applications for admission to practice before the Commission 
for persons not attorneys at law must be accompanied by a fee of $208 
pursuant to Sec.  502.27 of this chapter.

0
9. Amend Sec.  503.69 by revising paragraph (b)(2) to read as follows:


Sec.  503.69  Fees.

* * * * *
    (b) * * *
    (2) The certification and validation (with Federal Maritime 
Commission seal) of documents filed with or issued by the Commission 
will be available at $124 for each certification.
* * * * *

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

0
10. 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.


0
11. Amend Sec.  515.5 by revising paragraphs (c)(2)(i) and (ii) 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 $1,962.
    (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 $1,548.

PART 520--CARRIER AUTOMATED TARIFFS

0
12. 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
13. Amend Sec.  520.14 by revising the last sentence of paragraph 
(c)(1) 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 $313.
* * * * *

PART 530--SERVICE CONTRACTS

0
14. 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.


0
15. Amend Sec.  530.10 by revising paragraph (c) introductory text to 
read as follows:


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

* * * * *
    (c) Corrections. Requests shall be filed, in duplicate, with the 
Commission's Office of the Secretary within one-hundred eighty (180) 
days of

[[Page 50295]]

the contract's filing with the Commission, accompanied by remittance of 
a $99 service fee, and must include:
* * * * *

PART 535--OCEAN COMMON CARRIER AND MARINE TERMINAL OPERATOR 
AGREEMENTS SUBJECT TO THE SHIPPING ACT OF 1984

0
16. 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.


0
17. Amend Sec.  535.401 by revising paragraph (g) and the first 
sentence of paragraph (h) to read as follows:


Sec.  535.401  General requirements.

* * * * *
    (g) The filing fee is $3,529 for new agreements and any agreement 
modifications requiring Commission review and action; $537 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 $89 for terminal 
exempt agreements.
    (h) The fee for a request for expedited review of an agreement 
pursuant to Sec.  535.605 is $151. * * *

PART 540--PASSENGER VESSEL FINANCIAL RESPONSIBILITY

0
18. 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.


0
19. Amend Sec.  540.4 by revising paragraph (e) 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 
$3,272. 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 $1,652. Administrative 
changes, such as the renaming of a vessel will not incur any additional 
fees.
* * * * *

0
20. Amend Sec.  540.23 by revising the last two sentences of paragraph 
(b) 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 
$1,441. 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 $718.
* * * * *

PART 550--REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO 
SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES

0
21. 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.


0
22. Revise the last sentence of Sec.  550.402 to read as follows:


Sec.  550.402  Filing of petitions.

    * * * The petition must be accompanied by remittance of a $291 
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
23. 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
24. Amend Sec.  555.4 by revising the last sentence of paragraph (a) to 
read as follows:


Sec.  555.4  Petitions.

    (a) * * * The petition must be accompanied by remittance of a $291 
filing fee.
* * * * *

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

0
25. 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
26. Amend Sec.  560.3 by revising the last sentence of paragraph (a)(2) 
to read as follows:


Sec.  560.3  Petitions for relief.

    (a) * * *
    (2) * * * The petition must be accompanied by remittance of a $291 
filing fee.
* * * * *

    By the Commission.
Rachel Dickon,
Secretary.
[FR Doc. 2018-21671 Filed 10-4-18; 8:45 am]
BILLING CODE 6731-AA-P