Hearing Procedures Governing the Penial, Revocation, or Suspension of an OTI License, 45934-45938 [2019-18742]
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Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Proposed Rules
Methodology’’, ‘‘H. ULAE, 0.9% Written
Premium + 1.5% Incurred Loss (Art.
III.C.1)’’ is corrected to read ‘‘G. ULAE,
0.9% Written Premium + 1.5% Incurred
Loss (Art. III.C.1)’’.
3. On page 32373, in ‘‘Figure 1.
Diagram of Current WYO Compensation
Methodology’’, ‘‘I. ALAE Fee Schedule
(Art. III.C.2)’’ is corrected to read ‘‘H.
ALAE Fee Schedule (Art. III.C.2)’’.
4. On page 32373, in ‘‘Figure 1.
Diagram of Current WYO Compensation
Methodology’’, ‘‘J. SALAE,
Reimbursement for Actual Costs (Art.
III.C.3)’’ is corrected to read ‘‘I. SALAE,
Reimbursement for Actual Costs (Art.
III.C.3)’’.
5. On page 32374, in the second
column, in the third full paragraph, the
phrase ‘‘From 2009 to 2017,’’ is
corrected to read ‘‘From 2009 to 2019,’’.
6. On page 32374, in the third
column, in the last paragraph, the
phrase ‘‘ULAE (H in Figure 1)’’ is
corrected to read ‘‘ULAE (G in Figure
1)’’.
7. On page 32375, in the first column,
in the first full paragraph, the phrase
‘‘ALAE (I in Figure 1)’’ is corrected to
read ‘‘ALAE (H in Figure 1)’’.
8. On page 32375, in the first column,
in the last full paragraph, the sentence
‘‘SALAE include specialized claims
handling expenses attributable to a
specific claim, such as for legal,
surveying, or engineering support.’’ is
corrected to read ‘‘SALAE (I in Figure 1)
include specialized claims handling
expenses attributable to a specific claim,
such as for legal, surveying, or
engineering support.’’.
9. On page 32376, in the third
column, in the first full paragraph, the
phrase ‘‘between 2009 and 2013,’’ is
corrected to read ‘‘between 2013 and
2017,’’.
Pete Gaynor,
Acting Administrator, Federal Emergency
Management Agency.
[FR Doc. 2019–18982 Filed 8–30–19; 8:45 am]
BILLING CODE 9111–52–P
FEDERAL MARITIME COMMISSION
46 CFR Parts 502 and 515
[Docket No. 19–04]
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RIN 3072–AC75
Hearing Procedures Governing the
Penial, Revocation, or Suspension of
an OTI License
Federal Maritime Commission.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Federal Maritime
Commission (Commission) is seeking
SUMMARY:
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public comments on proposed
modifications to the hearing procedures
governing the denial, revocation, or
suspension of an ocean transportation
intermediary (OTI) license. The revised
hearing procedures are intended to align
more with other Commission hearing
procedures, ensure a more streamlined
process and fulfill the need for more
detailed procedural requirements.
DATES: Submit comments on or before
October 3, 2019.
ADDRESSES: You may submit comments,
identified by the Docket No. 19–04, by
the following methods:
• Email: secretary@fmc.gov. For
comments, include in the subject line:
‘‘Docket No. 19–04, Comments on
Hearing procedures governing the
denial, revocation, or suspension of an
OTI license’’ 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.
• 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://www2.fmc.gov/readingroom/
proceeding/19-04/, or to the Docket
Activity Library at 800 North Capitol
Street NW, Washington, DC 20573,
between 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:
I. Introduction
The Federal Maritime Commission
has issued this document to obtain
public comments on possible
modifications to its processes for the
denial, suspension, and revocation of
OTI licenses. In 2015, the FMC
published a final rule significantly
amending its regulations governing
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OTIs.1 Among the revisions in this final
rule were changes to the process for
denying or revoking an OTI license. At
the time, the Commission was primarily
concerned with the time and expense
that revocations and denials consumed,
and the revisions were intended to
streamline the process. The revised
process, however, has proved to be
imprecise in certain respects and has
not led to the reduction in time and
expense that was anticipated.
The Commission is now considering
revising the denial, suspension, and
revocation procedures and is seeking
public comment. Specifically, the
Commission is considering a new
hearing procedure based on the
procedure for formal small Shipping Act
claims under 46 CFR part 502, subpart
T. The new hearing procedure would be
overseen by an administrative law judge
and would represent the type of
expedient, low-burden process sought
in the previous rulemaking while
fulfilling the need for more detailed
procedural requirements. We are
seeking comment on the proposed new
hearing procedure and how this
procedure would affect OTIs.
II. Background
The Shipping Act requires anyone
desiring to operate as an OTI to obtain
a license from the Commission.2 The
Act provides that ‘‘[t]he Commission
shall issue a license to a person that the
Commission determines to be qualified
by experience and character to act as an
ocean transportation intermediary.’’ 3
The Commission has delegated the
authority to approve or disapprove
applications for OTI licenses to the
Bureau of Certification and Licensing
(BCL).4
A. Current Procedure
The current practice for OTI license
denials, suspension, and revocations is
as follows. Once BCL decides to deny,
suspend, or revoke a license, a notice to
that effect is sent to the applicant or
licensee. This document provides in
detail a statement of the facts supporting
the action. The applicant or licensee
then has 20 days to request a hearing by
submitting a statement of reasons why
their application should not be denied,
or their license should not be suspended
or revoked.5
1 Final rule: Ocean Transportation Intermediary
Licensing and Financial Responsibility
Requirements, and General Duties; 80 FR 68722
(Nov. 5, 2015).
2 46 U.S.C. 40901.
3 Id. at section 40901(a).
4 46 CFR 501.26(a)(1).
5 46 CFR 515.15 and 515.16.
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All hearing requests are submitted to
the Commission’s Secretary. The
Secretary then designates a hearing
officer to review the decision. After
being advised by the hearing officer that
a hearing request has been made, BCL
sends the hearing officer and applicant
or licensee a copy of the notice of intent
(which has already been sent to the
applicant or licensee) along with
materials supporting the notice under
§ 515.15 or § 515.16.6
The hearing officer provides the
licensee or applicant with a written
notice advising the party of its right to
submit its written arguments, affidavits
of fact, and documents. The licensee or
applicant then has 30 days to submit
information and documents in support
of a license or in support of
continuation of a license. BCL then
submits its response within 20 days of
the licensee or applicant’s submission.
These records and submissions
constitute the entire record for the
hearing officer’s decision. The hearing
officer’s decision must be issued within
40 days of the record being closed.7 The
applicant or licensee, but not BCL, may
seek review of the hearing officer’s
decision by the Commission by filing
exceptions in accordance with 46 CFR
502.227, and the Commission may
determine to conduct a formal
evidentiary hearing under part 502.8
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B. Concerns With Current Procedure
Since 2015, two hearings have been
conducted under § 515.17. Both
hearings conducted under § 515.17 have
taken over 150 days to complete. A
contributing factor to the length of time
in each case has been the selection of an
appropriate hearing officer, which has
taken between 13 and 50 days. These
delays resulted from not having a
designated office from which to select
the hearing officer.
In addition to the delays in selecting
a hearing officer, because § 515.17
provides little detail about the hearing
procedure other than deadlines for
submission of information, Commission
staff has had to resolve several
procedural issues arising in the first two
proceedings. These experiences have
demonstrated the need for additional
clarification of the procedure and the
authority of the hearing officer.
III. Proposed Hearing Procedure
Given the issues identified above, the
Commission is proposing to replace the
current hearing procedure with a
modified version of the formal
6 46
CFR 515.17(a).
CFR 515.17(b).
8 46 CFR 515.17(c).
7 46
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procedures for the adjudication of small
claims in subpart T of the Commission’s
Rules of Practice and Procedure (46 CFR
part 502). These hearings, like those in
subpart T, would be conducted by an
ALJ, thereby removing the delay in
appointing a hearing officer. Using a
modified form of the subpart T
procedures would still ensure a more
streamlined procedure than a typical
hearing under part 502, which allows
for 150 days of discovery,9 while giving
the presiding officer more flexibility in
conducting the hearing than the current
§ 515.17 procedures. The new
proceedings would be included in part
502 as subpart X (the existing subpart X
would be redesignated) and crossreferenced in § 515.17.
A. Subpart T Proceedings
Typically, claims filed with less than
$50,000 at issue are adjudicated under
subpart S, in which a Small Claims
Officer is appointed by the Chief ALJ.10
If, however, the respondent does not
consent to having their matter heard by
a Small Claims Officer, the matter is
instead adjudicated by an ALJ per the
rules of subpart T.11 While most of the
Commission’s Rules of Practice and
Procedure do not apply to subpart T, a
few rules on filing requirements,
appearance before the Commission,
substitution of parties, interest, and
attorney fees continue to apply.12
In a subpart T proceeding, the
respondent has 25 days from the service
of the complaint to file an answer.13 The
answer admits or denies each matter set
forth in the complaint and anything not
denied is deemed admitted. The answer
may be accompanied by appropriate
affidavits, other documents, and
memoranda. The Complainant may
then, within 20 days of service of the
answer, file a reply memorandum along
with appropriate affidavits and
supporting documents.14
The ALJ may also require the
submission of additional documentation
9 See 46 CFR 502.141–150. Given that the record
in OTI license application and revocation/
suspension is generally more limited, such a
substantial discovery process is not necessary.
10 46 CFR 502.304.
11 46 CFR 502.304(f).
12 46 CFR 502.321(b) (‘‘The following sections in
subparts A through Q apply to situations covered
by this subpart: §§ 502.2(a) (Requirement for filing);
502.2(f)(1) (Email transmission of filings); 502.2(i)
(Continuing obligation to provide contact
information); 502.7 (Documents in foreign
languages); 502.21–502.23 (Appearance, Authority
for representation, Notice of appearance;
substitution and withdrawal of representative);
502.43 (Substitution of parties); 502.253 (Interest in
reparation proceedings); and 502.254 (Attorney fees
in complaint proceedings)’’).
13 46 CFR 502.312.
14 46 CFR 502.313.
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if necessary from either the complainant
or respondent.15 In the normal course of
the proceeding, an oral hearing will not
occur, but the ALJ has the discretion to
order an oral hearing. A request for an
oral hearing can also be made in either
the respondent’s answer or in the
complainant’s reply.16
Either party may request a review of
the ALJ’s decision by the Commission
within 22 days of the issuance of the
decision.17 The Commission may, at the
request of a single Commissioner, also
choose to review any decision or order
of dismissal.
B. Modified Subpart T Procedure for
License Hearings
The Commission is not proposing to
change the process for requesting a
hearing as currently described in
§§ 515.15(c) and 515.16(a). If an
applicant or licensee wishes to request
a hearing after receiving a notice of
intent to deny, suspend, or revoke their
license, they would continue to have 20
days to do so, and, if no hearing is
requested, the decision to deny, revoke,
or suspend would become final.
Under the proposed procedure, if a
hearing request is received, the
Secretary would transmit the request to
the Office of Administrative Law Judges
for assignment. The hearing would then
take place under the new subpart X.
Section 515.17 would retain its first
sentence, indicating that ‘‘hearing
requests under §§ 515.15 and 515.16
shall be submitted to the Commission’s
Secretary’’ and cross-reference subpart
X.
The preliminary portions of the new
subpart X mirror the current procedures
in § 515.17, save that an ALJ, rather than
a hearing officer, would preside over the
proceeding. Once a timely request is
received, the Secretary would transmit
the request to the Office of
Administrative Law Judges who would
notify BCL and BOE of the hearing
request. BOE would provide the
applicant or licensee a copy of the
notice previously given as well as the
BCL materials supporting the decision.
The ALJ would then issue a notice
advising the applicant or licensee of the
right to respond in support of a license
application or continuation of a current
OTI license. The licensee or applicant
would have 30 days to file a response
and supporting documentation. BOE
would then have 20 days to submit a
reply memorandum and supporting
documents. These proposed deadlines
15 46
CFR 502.314.
CFR 502.315.
17 46 CFR 502.318.
16 46
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Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Proposed Rules
are identical to those currently listed in
§ 515.17.
Under the current § 515.17, the notice,
response, and reply constitute the
entirety of the record. To provide the
ALJ with additional discretion and
flexibility, the new subpart X would
permit the ALJ to require additional
information from the parties.
Additionally, the new subpart X would
allow for parties to request oral hearing
or oral argument in either the applicant/
licensee’s response or BOE’s reply to the
response. A request for oral hearing or
argument would be ruled on within 10
days of receipt of the request and would
only occur at the discretion of the ALJ.
While neither oral proceedings nor
additional information were expressly
permitted under § 515.17 and could
extend the proceeding beyond the
current § 515.17 timeline, we expect use
of these procedures to be the exception
rather than the norm. In addition,
expressly permitting the use of these
procedures when necessary will help
ensure that determinations are based on
a complete and accurate record and
eliminate confusion regarding the
presiding officer’s authority.
To ensure a streamlined process, the
Commission would still require that the
presiding officer issue a decision within
40 days of the record being closed,
which would be either when the reply
to the response is submitted, or, if
additional information is required or
oral hearing or argument is conducted,
the completion of either event.
The exceptions process would remain
the same as under current § 515.17,
except that either party (BOE or the
applicant/licensee) would have the
ability to file exceptions within 22 days
after the ALJ’s decision is issued. Under
§ 515.17, only the applicant or licensee
may currently do so. BOE has the right
to file exceptions in other Commission
proceedings, and we believe the best
course will be to allow a similar right
in OTI license hearings.
The discretionary review process
would also be altered somewhat.
Currently, discretionary Commission
review of hearing officer decisions is
governed by the general provisions in 46
CFR 501.27, which allows for review if
one less than a majority of
Commissioners (i.e., two Commissioners
if there are four or five Commissioners
total) votes to review the matter. The
proposed change would make the
discretionary review procedures
consistent with those for other decisions
under part 502 (i.e., ALJ and SCO
decisions), and a single Commissioner
would be able to request Commission
review within 30 days after the ALJ’s
decision is issued.
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Subpart T also includes its own
sections on computation of time and
service. These provisions do not differ
substantially from the generally
applicable rules in subpart G of part
502, which covers time, and subpart H,
which covers service of documents. The
Commission intends to incorporate via
cross-reference nearly all of subparts G
and H instead of including the separate
provisions for time and service in
subpart T. This will bring license
hearings in line with other proceedings
under part 502 and any future
improvements to the Commission rules
on service and time would
automatically apply to these
proceedings. The only section in these
subparts that would not apply to license
hearings under subpart X would be
§ 502.115, which concerns service in
rulemaking and petition proceedings.
To ensure consistency across 502
proceedings, other sections of 502
would also apply to license hearings
under subpart X, including: §§ 502.1–
502.13 (General information); 502.21–
502.23 (Appearance, Authority for
representation, Notice of appearance;
substitution and withdrawal of a
representative); 502.42 (Bureau of
Enforcement); 502.43 (Substitution of
parties); and 502.223–502.230
(Decisions). This includes many of the
sections cross-referenced in subpart T,
along with additional general rules that
would establish a more defined
framework for conducting license
hearings. Sections 502.253 (Interest in
reparation proceedings); and 502.254
(Attorney fees in complaint
proceedings), which apply in subpart T
proceedings, would not apply to
hearings under subpart X, as those
provisions are only applicable to private
complaint proceedings.
Among the chief considerations of the
2015 rule was the length of time
required to complete a hearing. The
proposed subpart X carries with it all
the deadlines currently listed in
§ 515.17. Subpart X does allow for the
submission of additional information
and oral hearing and argument, but
those are not expected to occur in most
proceedings. Subpart X would also
remove confusion about the assignment
of a hearing officer and thus would
likely reduce the overall time required
to complete a hearing.
IV. Conclusion
Since the 2015 rulemaking, the
Commission has encountered several
issues implementing the hearing
procedures established by § 515.17. To
resolve these issues and improve the
license hearing process, the Commission
is proposing to replace the current
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hearing procedures with a modified
version of the procedures in subpart T
of the Commission’s Rules of Practice
and Procedure. The Commission is
seeking comment on the proposed new
hearing procedures.
V. 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
document 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.
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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. To the
extent possible, we will also consider
comments received after that 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.
VI. Rulemaking Analyses and Notices
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Regulatory Flexibility Act
The Regulatory Flexibility Act
(codified as amended at 5 U.S.C. 601–
612) provides that whenever an agency
is required to publish a notice of
proposed rulemaking under the
Administrative Procedure Act (APA) (5
U.S.C. 553), the agency must prepare
and make available for public comment
an initial regulatory flexibility analysis
(IRFA) describing the impact of the
proposed rule on small entities. 5 U.S.C.
603. An agency is not required to
publish an IRFA, however, for the
following types of rules, which are
excluded from the APA’s notice-andcomment 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).
Although the Commission has elected
to seek public comment on this
proposed rule, the rule is a rule of
agency procedure or practice. Therefore,
the APA does not require publication of
a notice of proposed rulemaking in this
instance, and the Commission is not
required to prepare an IRFA.
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. The proposed rule would
amend the Commission procedures for
the revocation, suspension, and denial
of OTI licenses. This rulemaking thus
falls within the categorical exclusion for
‘‘issuance, modification, denial and
revocation of ocean transportation
intermediary licenses.’’ 46 CFR
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504.4(a)(1). Therefore, no environmental
assessment or environmental impact
statement is required.
46 U.S.C. 305, 40103–40104, 40304, 40306,
40501–40503, 40701–40706, 41101–41109,
41301–41309, 44101–44106; 5 CFR part 2635.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3521) (PRA) 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 proposed
rules to OMB in conjunction with the
publication of the notice of proposed
rulemaking. 5 CFR 1320.11. This
proposed rule does not contain any
collections of information as defined by
44. U.S.C. 3502(3) and 5 CFR 1320.3(c).
Subpart X [Redesignated as Subpart Y]
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.
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 515
Freight, Freight forwarders, Maritime
carriers, Reporting and recordkeeping
requirements.
For the reasons set forth above, the
Federal Maritime Commission proposes
to amend 46 CFR parts 502 and 515 as
follows:
PART 502—RULES OF PRACTICE AND
PROCEDURE
1. The authority citation for part 502
is revised 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;
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2. Redesignate subpart X, consisting of
§ 502.991, as subpart Y.
■ 3. Add new subpart X, consisting of
§§ 502.701 through 502.709, to read as
follows:
■
Subpart X—Hearing Procedure Governing
Denial, Suspension, or Revocation of OTI
License
Sec.
502.701 Purpose and scope.
502.702 Hearing requests.
502.703 Applicant or licensee response.
502.704 Reply.
502.705 Additional information.
502.706 Request for an oral hearing or
argument.
502.707 Intervention.
502.708 Decision.
502.709 Applicability of other rules to this
subpart.
Subpart X—Hearing Procedure
Governing Denial, Suspension, or
Revocation of OTI License
§ 502.701
Purpose and scope.
(a) The purpose of this subpart is to
provide the hearing procedures for the
denial, suspension, or revocation of an
ocean transportation intermediary (OTI)
license applied for or issued under part
515 of this chapter when the Bureau of
Certification and Licensing has issued a
notice of intent to deny under § 515.15
of this chapter or notice of revocation or
suspension under § 515.16 of this
chapter and the applicant or licensee
timely requests a hearing under those
sections.
(b) Denial, suspension, and revocation
proceedings under this subpart will be
adjudicated by the administrative law
judges of the Commission under the
procedures set forth in this subpart.
[Rule 701.]
§ 502.702
Hearing requests.
(a) Upon receipt of a timely hearing
request under § 515.17 of this chapter,
the Secretary will transmit the request
to the Office of Administrative Law
Judges.
(b) The assigned administrative law
judge will notify the Bureau of
Certification and Licensing and the
Bureau of Enforcement of the hearing
request, and the Bureau of Enforcement
must file with the administrative law
judge and serve on the applicant or
licensee a copy of the notice given to the
applicant or licensee and a copy of BCL
materials supporting the notice. [Rule
702.]
E:\FR\FM\03SEP1.SGM
03SEP1
45938
§ 502.703
Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Proposed Rules
Applicant or licensee response.
Upon receiving the materials
described in § 502.702(b), the
administrative law judge will issue a
notice advising the applicant or licensee
of the right to respond in support of an
OTI application or continuation of a
current OTI license. The response must
be:
(a) Filed with the administrative law
judge within 30 days of the
administrative law judge’s notice; and
(b) Include any supporting
information or documents, such as
affidavits of fact, memoranda, or written
argument. [Rule 703.]
§ 502.704
Reply.
The Bureau of Enforcement may,
within twenty (20) days of service of the
response filed by the applicant or
licensee, file with the administrative
law judge and serve upon the applicant
or licensee a reply memorandum
accompanied by appropriate affidavits
and supporting documents.
§ 502.705
Additional information.
The administrative law judge may
require the submission of additional
affidavits, documents, or memoranda
from the Bureau of Enforcement or the
licensee or applicant. [Rule 705.]
khammond on DSKBBV9HB2PROD with PROPOSALS
§ 502.706 Request for an oral hearing or
argument.
(a) In the usual course of disposition
of matters filed under this subpart, no
oral hearing or argument will be held,
but the administrative law judge, in
their discretion, may order such
hearing.
(b) A request for oral hearing or
argument may be incorporated in the
applicant or licensee’s response or in
the Bureau of Enforcement’s reply to the
response. Requests for oral hearing or
argument will not be entertained unless
they set forth in detail the reasons why
the filing of affidavits or other
documents will not permit the fair and
expeditious disposition of the claim,
and the precise nature of the facts
sought to be proved or issues to be
addressed at an oral hearing or
argument.
(c) The administrative law judge will
rule upon a request for oral hearing or
argument within ten (10) days of its
receipt.
(d) In the event oral hearing or
argument is ordered, it will be held in
accordance with the rules applicable to
other formal proceedings, as set forth in
subparts A through Q of this part. [Rule
706.]
§ 502.707
Intervention.
Intervention will ordinarily not be
permitted. [Rule 707.]
VerDate Sep<11>2014
17:08 Aug 30, 2019
Jkt 247001
§ 502.708
Decision.
(a) Except as described in paragraph
(b) of this section, the administrative
law judge will issue a decision within
forty (40) days after the submission of
the Bureau of Enforcement’s reply.
(b) If oral hearing or argument is
conducted or additional information is
required, then the decision will be
issued within forty (40) days after the
oral proceeding or the deadline for
submission of additional information,
whichever is later.
(c) The decision of the administrative
law judge will be final, unless, within
twenty-two (22) days from the date of
service of the decision, either party files
exceptions under § 502.227(a)(1) or the
Commission makes a determination to
review under § 502.227(a)(3) and (d).
[Rule 708.]
§ 502.709 Applicability of other rules to
this subpart.
(a) Except as otherwise specifically
provided in this subpart or in paragraph
(b) of this section, the sections in
subparts A through Q, inclusive, of this
part do not apply to proceedings
covered by this subpart.
(b) The following sections in subparts
A through Q apply to proceedings
covered by this subpart: §§ 502.1–
502.11, 502.13 (Filing requirements,
Document requirements, and General
rules); 502.21–502.23 (Appearance,
Authority for representation, Notice of
appearance, Substitution, and
Withdrawal of representative); 502.42
(Bureau of Enforcement); 502.43
(Substitution of parties); 502.101–
502.105 (Computation of time); 502.114,
502.116–502.117 (Service of
documents); 502.223–502.230
(Decisions). [Rule 709.]
PART 515—LICENSING, FINANCIAL
RESPONSIBILITY REQUIREMENTS,
AND GENERAL DUTIES FOR OCEAN
TRANSPORTATION INTERMEDIARIES
4. 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.
■
5. Revise § 515.17 to read as follows:
§ 515.17 Hearing Procedures governing
denial, revocation, or suspension of OTI
License.
All hearing requests under §§ 515.15
and 515.16 shall be submitted to the
Commission’s Secretary. The hearing
will be adjudicated under the
procedures set forth in subpart X of part
502 of this chapter.
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
By the Commission.
Rachel Dickon,
Secretary.
[FR Doc. 2019–18742 Filed 8–30–19; 8:45 am]
BILLING CODE 6731–AA–P
DEPARTMENT OF TRANSPORTATION
[4910–EX–P]
Federal Motor Carrier Safety
Administration
49 CFR Parts 383 and 384
[Docket No. FMCSA–2013–0353]
RIN [2126–AA70 Revise]
Article 19–A of the State of New York’s
Vehicle and Traffic Law
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of petition for
determination of preemption; reopening
of the comment period.
AGENCY:
On September 12, 2013,
FMCSA published a request for
comments on petitions submitted by
Motor Coach Canada (MCC) and the
American Bus Association (ABA)
seeking a determination that Article 19–
A of the State of New York’s Vehicle
and Traffic Law governing drivers of
passenger-carrying interstate motor
vehicles is preempted by Federal Law.
The comment period closed on
November 12, 2013. The Agency
received 6 comments. In view of the
passage of time since the initial request
for comments, and because ABA
recently requested that the docket be reopened for additional comments,
FMCSA is reopening the comment
period for 30 days to ensure that all
interested parties have an opportunity
to comment or provide new
information.
DATES: Comments must be received on
or before October 3, 2019.
ADDRESSES: You may submit comments
identified by Docket Number FMCSA–
2013–0353 using any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m.
and 5 p.m. ET, Monday through Friday,
except Federal holidays.
SUMMARY:
E:\FR\FM\03SEP1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Proposed Rules]
[Pages 45934-45938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18742]
=======================================================================
-----------------------------------------------------------------------
FEDERAL MARITIME COMMISSION
46 CFR Parts 502 and 515
[Docket No. 19-04]
RIN 3072-AC75
Hearing Procedures Governing the Penial, Revocation, or
Suspension of an OTI License
AGENCY: Federal Maritime Commission.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Federal Maritime Commission (Commission) is seeking public
comments on proposed modifications to the hearing procedures governing
the denial, revocation, or suspension of an ocean transportation
intermediary (OTI) license. The revised hearing procedures are intended
to align more with other Commission hearing procedures, ensure a more
streamlined process and fulfill the need for more detailed procedural
requirements.
DATES: Submit comments on or before October 3, 2019.
ADDRESSES: You may submit comments, identified by the Docket No. 19-04,
by the following methods:
Email: [email protected]. For comments, include in the
subject line: ``Docket No. 19-04, Comments on Hearing procedures
governing the denial, revocation, or suspension of an OTI license''
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.
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://www2.fmc.gov/readingroom/proceeding/19-04/, or to the Docket
Activity Library at 800 North Capitol Street NW, Washington, DC 20573,
between 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. Introduction
The Federal Maritime Commission has issued this document to obtain
public comments on possible modifications to its processes for the
denial, suspension, and revocation of OTI licenses. In 2015, the FMC
published a final rule significantly amending its regulations governing
OTIs.\1\ Among the revisions in this final rule were changes to the
process for denying or revoking an OTI license. At the time, the
Commission was primarily concerned with the time and expense that
revocations and denials consumed, and the revisions were intended to
streamline the process. The revised process, however, has proved to be
imprecise in certain respects and has not led to the reduction in time
and expense that was anticipated.
---------------------------------------------------------------------------
\1\ Final rule: Ocean Transportation Intermediary Licensing and
Financial Responsibility Requirements, and General Duties; 80 FR
68722 (Nov. 5, 2015).
---------------------------------------------------------------------------
The Commission is now considering revising the denial, suspension,
and revocation procedures and is seeking public comment. Specifically,
the Commission is considering a new hearing procedure based on the
procedure for formal small Shipping Act claims under 46 CFR part 502,
subpart T. The new hearing procedure would be overseen by an
administrative law judge and would represent the type of expedient,
low-burden process sought in the previous rulemaking while fulfilling
the need for more detailed procedural requirements. We are seeking
comment on the proposed new hearing procedure and how this procedure
would affect OTIs.
II. Background
The Shipping Act requires anyone desiring to operate as an OTI to
obtain a license from the Commission.\2\ The Act provides that ``[t]he
Commission shall issue a license to a person that the Commission
determines to be qualified by experience and character to act as an
ocean transportation intermediary.'' \3\ The Commission has delegated
the authority to approve or disapprove applications for OTI licenses to
the Bureau of Certification and Licensing (BCL).\4\
---------------------------------------------------------------------------
\2\ 46 U.S.C. 40901.
\3\ Id. at section 40901(a).
\4\ 46 CFR 501.26(a)(1).
---------------------------------------------------------------------------
A. Current Procedure
The current practice for OTI license denials, suspension, and
revocations is as follows. Once BCL decides to deny, suspend, or revoke
a license, a notice to that effect is sent to the applicant or
licensee. This document provides in detail a statement of the facts
supporting the action. The applicant or licensee then has 20 days to
request a hearing by submitting a statement of reasons why their
application should not be denied, or their license should not be
suspended or revoked.\5\
---------------------------------------------------------------------------
\5\ 46 CFR 515.15 and 515.16.
---------------------------------------------------------------------------
[[Page 45935]]
All hearing requests are submitted to the Commission's Secretary.
The Secretary then designates a hearing officer to review the decision.
After being advised by the hearing officer that a hearing request has
been made, BCL sends the hearing officer and applicant or licensee a
copy of the notice of intent (which has already been sent to the
applicant or licensee) along with materials supporting the notice under
Sec. 515.15 or Sec. 515.16.\6\
---------------------------------------------------------------------------
\6\ 46 CFR 515.17(a).
---------------------------------------------------------------------------
The hearing officer provides the licensee or applicant with a
written notice advising the party of its right to submit its written
arguments, affidavits of fact, and documents. The licensee or applicant
then has 30 days to submit information and documents in support of a
license or in support of continuation of a license. BCL then submits
its response within 20 days of the licensee or applicant's submission.
These records and submissions constitute the entire record for the
hearing officer's decision. The hearing officer's decision must be
issued within 40 days of the record being closed.\7\ The applicant or
licensee, but not BCL, may seek review of the hearing officer's
decision by the Commission by filing exceptions in accordance with 46
CFR 502.227, and the Commission may determine to conduct a formal
evidentiary hearing under part 502.\8\
---------------------------------------------------------------------------
\7\ 46 CFR 515.17(b).
\8\ 46 CFR 515.17(c).
---------------------------------------------------------------------------
B. Concerns With Current Procedure
Since 2015, two hearings have been conducted under Sec. 515.17.
Both hearings conducted under Sec. 515.17 have taken over 150 days to
complete. A contributing factor to the length of time in each case has
been the selection of an appropriate hearing officer, which has taken
between 13 and 50 days. These delays resulted from not having a
designated office from which to select the hearing officer.
In addition to the delays in selecting a hearing officer, because
Sec. 515.17 provides little detail about the hearing procedure other
than deadlines for submission of information, Commission staff has had
to resolve several procedural issues arising in the first two
proceedings. These experiences have demonstrated the need for
additional clarification of the procedure and the authority of the
hearing officer.
III. Proposed Hearing Procedure
Given the issues identified above, the Commission is proposing to
replace the current hearing procedure with a modified version of the
formal procedures for the adjudication of small claims in subpart T of
the Commission's Rules of Practice and Procedure (46 CFR part 502).
These hearings, like those in subpart T, would be conducted by an ALJ,
thereby removing the delay in appointing a hearing officer. Using a
modified form of the subpart T procedures would still ensure a more
streamlined procedure than a typical hearing under part 502, which
allows for 150 days of discovery,\9\ while giving the presiding officer
more flexibility in conducting the hearing than the current Sec.
515.17 procedures. The new proceedings would be included in part 502 as
subpart X (the existing subpart X would be redesignated) and cross-
referenced in Sec. 515.17.
---------------------------------------------------------------------------
\9\ See 46 CFR 502.141-150. Given that the record in OTI license
application and revocation/suspension is generally more limited,
such a substantial discovery process is not necessary.
---------------------------------------------------------------------------
A. Subpart T Proceedings
Typically, claims filed with less than $50,000 at issue are
adjudicated under subpart S, in which a Small Claims Officer is
appointed by the Chief ALJ.\10\ If, however, the respondent does not
consent to having their matter heard by a Small Claims Officer, the
matter is instead adjudicated by an ALJ per the rules of subpart T.\11\
While most of the Commission's Rules of Practice and Procedure do not
apply to subpart T, a few rules on filing requirements, appearance
before the Commission, substitution of parties, interest, and attorney
fees continue to apply.\12\
---------------------------------------------------------------------------
\10\ 46 CFR 502.304.
\11\ 46 CFR 502.304(f).
\12\ 46 CFR 502.321(b) (``The following sections in subparts A
through Q apply to situations covered by this subpart: Sec. Sec.
502.2(a) (Requirement for filing); 502.2(f)(1) (Email transmission
of filings); 502.2(i) (Continuing obligation to provide contact
information); 502.7 (Documents in foreign languages); 502.21-502.23
(Appearance, Authority for representation, Notice of appearance;
substitution and withdrawal of representative); 502.43 (Substitution
of parties); 502.253 (Interest in reparation proceedings); and
502.254 (Attorney fees in complaint proceedings)'').
---------------------------------------------------------------------------
In a subpart T proceeding, the respondent has 25 days from the
service of the complaint to file an answer.\13\ The answer admits or
denies each matter set forth in the complaint and anything not denied
is deemed admitted. The answer may be accompanied by appropriate
affidavits, other documents, and memoranda. The Complainant may then,
within 20 days of service of the answer, file a reply memorandum along
with appropriate affidavits and supporting documents.\14\
---------------------------------------------------------------------------
\13\ 46 CFR 502.312.
\14\ 46 CFR 502.313.
---------------------------------------------------------------------------
The ALJ may also require the submission of additional documentation
if necessary from either the complainant or respondent.\15\ In the
normal course of the proceeding, an oral hearing will not occur, but
the ALJ has the discretion to order an oral hearing. A request for an
oral hearing can also be made in either the respondent's answer or in
the complainant's reply.\16\
---------------------------------------------------------------------------
\15\ 46 CFR 502.314.
\16\ 46 CFR 502.315.
---------------------------------------------------------------------------
Either party may request a review of the ALJ's decision by the
Commission within 22 days of the issuance of the decision.\17\ The
Commission may, at the request of a single Commissioner, also choose to
review any decision or order of dismissal.
---------------------------------------------------------------------------
\17\ 46 CFR 502.318.
---------------------------------------------------------------------------
B. Modified Subpart T Procedure for License Hearings
The Commission is not proposing to change the process for
requesting a hearing as currently described in Sec. Sec. 515.15(c) and
515.16(a). If an applicant or licensee wishes to request a hearing
after receiving a notice of intent to deny, suspend, or revoke their
license, they would continue to have 20 days to do so, and, if no
hearing is requested, the decision to deny, revoke, or suspend would
become final.
Under the proposed procedure, if a hearing request is received, the
Secretary would transmit the request to the Office of Administrative
Law Judges for assignment. The hearing would then take place under the
new subpart X. Section 515.17 would retain its first sentence,
indicating that ``hearing requests under Sec. Sec. 515.15 and 515.16
shall be submitted to the Commission's Secretary'' and cross-reference
subpart X.
The preliminary portions of the new subpart X mirror the current
procedures in Sec. 515.17, save that an ALJ, rather than a hearing
officer, would preside over the proceeding. Once a timely request is
received, the Secretary would transmit the request to the Office of
Administrative Law Judges who would notify BCL and BOE of the hearing
request. BOE would provide the applicant or licensee a copy of the
notice previously given as well as the BCL materials supporting the
decision. The ALJ would then issue a notice advising the applicant or
licensee of the right to respond in support of a license application or
continuation of a current OTI license. The licensee or applicant would
have 30 days to file a response and supporting documentation. BOE would
then have 20 days to submit a reply memorandum and supporting
documents. These proposed deadlines
[[Page 45936]]
are identical to those currently listed in Sec. 515.17.
Under the current Sec. 515.17, the notice, response, and reply
constitute the entirety of the record. To provide the ALJ with
additional discretion and flexibility, the new subpart X would permit
the ALJ to require additional information from the parties.
Additionally, the new subpart X would allow for parties to request oral
hearing or oral argument in either the applicant/licensee's response or
BOE's reply to the response. A request for oral hearing or argument
would be ruled on within 10 days of receipt of the request and would
only occur at the discretion of the ALJ. While neither oral proceedings
nor additional information were expressly permitted under Sec. 515.17
and could extend the proceeding beyond the current Sec. 515.17
timeline, we expect use of these procedures to be the exception rather
than the norm. In addition, expressly permitting the use of these
procedures when necessary will help ensure that determinations are
based on a complete and accurate record and eliminate confusion
regarding the presiding officer's authority.
To ensure a streamlined process, the Commission would still require
that the presiding officer issue a decision within 40 days of the
record being closed, which would be either when the reply to the
response is submitted, or, if additional information is required or
oral hearing or argument is conducted, the completion of either event.
The exceptions process would remain the same as under current Sec.
515.17, except that either party (BOE or the applicant/licensee) would
have the ability to file exceptions within 22 days after the ALJ's
decision is issued. Under Sec. 515.17, only the applicant or licensee
may currently do so. BOE has the right to file exceptions in other
Commission proceedings, and we believe the best course will be to allow
a similar right in OTI license hearings.
The discretionary review process would also be altered somewhat.
Currently, discretionary Commission review of hearing officer decisions
is governed by the general provisions in 46 CFR 501.27, which allows
for review if one less than a majority of Commissioners (i.e., two
Commissioners if there are four or five Commissioners total) votes to
review the matter. The proposed change would make the discretionary
review procedures consistent with those for other decisions under part
502 (i.e., ALJ and SCO decisions), and a single Commissioner would be
able to request Commission review within 30 days after the ALJ's
decision is issued.
Subpart T also includes its own sections on computation of time and
service. These provisions do not differ substantially from the
generally applicable rules in subpart G of part 502, which covers time,
and subpart H, which covers service of documents. The Commission
intends to incorporate via cross-reference nearly all of subparts G and
H instead of including the separate provisions for time and service in
subpart T. This will bring license hearings in line with other
proceedings under part 502 and any future improvements to the
Commission rules on service and time would automatically apply to these
proceedings. The only section in these subparts that would not apply to
license hearings under subpart X would be Sec. 502.115, which concerns
service in rulemaking and petition proceedings.
To ensure consistency across 502 proceedings, other sections of 502
would also apply to license hearings under subpart X, including:
Sec. Sec. 502.1-502.13 (General information); 502.21-502.23
(Appearance, Authority for representation, Notice of appearance;
substitution and withdrawal of a representative); 502.42 (Bureau of
Enforcement); 502.43 (Substitution of parties); and 502.223-502.230
(Decisions). This includes many of the sections cross-referenced in
subpart T, along with additional general rules that would establish a
more defined framework for conducting license hearings. Sections
502.253 (Interest in reparation proceedings); and 502.254 (Attorney
fees in complaint proceedings), which apply in subpart T proceedings,
would not apply to hearings under subpart X, as those provisions are
only applicable to private complaint proceedings.
Among the chief considerations of the 2015 rule was the length of
time required to complete a hearing. The proposed subpart X carries
with it all the deadlines currently listed in Sec. 515.17. Subpart X
does allow for the submission of additional information and oral
hearing and argument, but those are not expected to occur in most
proceedings. Subpart X would also remove confusion about the assignment
of a hearing officer and thus would likely reduce the overall time
required to complete a hearing.
IV. Conclusion
Since the 2015 rulemaking, the Commission has encountered several
issues implementing the hearing procedures established by Sec. 515.17.
To resolve these issues and improve the license hearing process, the
Commission is proposing to replace the current hearing procedures with
a modified version of the procedures in subpart T of the Commission's
Rules of Practice and Procedure. The Commission is seeking comment on
the proposed new hearing procedures.
V. 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 document 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.
[[Page 45937]]
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. To
the extent possible, we will also consider comments received after that
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.
VI. Rulemaking Analyses and Notices
Regulatory Flexibility Act
The Regulatory Flexibility Act (codified as amended at 5 U.S.C.
601-612) provides that whenever an agency is required to publish a
notice of proposed rulemaking under the Administrative Procedure Act
(APA) (5 U.S.C. 553), the agency must prepare and make available for
public comment an initial regulatory flexibility analysis (IRFA)
describing the impact of the proposed rule on small entities. 5 U.S.C.
603. An agency is not required to publish an IRFA, 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).
Although the Commission has elected to seek public comment on this
proposed rule, the rule is a rule of agency procedure or practice.
Therefore, the APA does not require publication of a notice of proposed
rulemaking in this instance, and the Commission is not required to
prepare an IRFA.
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. The proposed rule would amend the
Commission procedures for the revocation, suspension, and denial of OTI
licenses. This rulemaking thus falls within the categorical exclusion
for ``issuance, modification, denial and revocation of ocean
transportation intermediary licenses.'' 46 CFR 504.4(a)(1). Therefore,
no environmental assessment or environmental impact statement is
required.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521) (PRA)
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 proposed rules to OMB in conjunction with the
publication of the notice of proposed rulemaking. 5 CFR 1320.11. This
proposed rule does not contain any collections of information as
defined by 44. U.S.C. 3502(3) and 5 CFR 1320.3(c).
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.
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 515
Freight, Freight forwarders, Maritime carriers, Reporting and
recordkeeping requirements.
For the reasons set forth above, the Federal Maritime Commission
proposes to amend 46 CFR parts 502 and 515 as follows:
PART 502--RULES OF PRACTICE AND PROCEDURE
0
1. The authority citation for part 502 is revised 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 X [Redesignated as Subpart Y]
0
2. Redesignate subpart X, consisting of Sec. 502.991, as subpart Y.
0
3. Add new subpart X, consisting of Sec. Sec. 502.701 through 502.709,
to read as follows:
Subpart X--Hearing Procedure Governing Denial, Suspension, or
Revocation of OTI License
Sec.
502.701 Purpose and scope.
502.702 Hearing requests.
502.703 Applicant or licensee response.
502.704 Reply.
502.705 Additional information.
502.706 Request for an oral hearing or argument.
502.707 Intervention.
502.708 Decision.
502.709 Applicability of other rules to this subpart.
Subpart X--Hearing Procedure Governing Denial, Suspension, or
Revocation of OTI License
Sec. 502.701 Purpose and scope.
(a) The purpose of this subpart is to provide the hearing
procedures for the denial, suspension, or revocation of an ocean
transportation intermediary (OTI) license applied for or issued under
part 515 of this chapter when the Bureau of Certification and Licensing
has issued a notice of intent to deny under Sec. 515.15 of this
chapter or notice of revocation or suspension under Sec. 515.16 of
this chapter and the applicant or licensee timely requests a hearing
under those sections.
(b) Denial, suspension, and revocation proceedings under this
subpart will be adjudicated by the administrative law judges of the
Commission under the procedures set forth in this subpart. [Rule 701.]
Sec. 502.702 Hearing requests.
(a) Upon receipt of a timely hearing request under Sec. 515.17 of
this chapter, the Secretary will transmit the request to the Office of
Administrative Law Judges.
(b) The assigned administrative law judge will notify the Bureau of
Certification and Licensing and the Bureau of Enforcement of the
hearing request, and the Bureau of Enforcement must file with the
administrative law judge and serve on the applicant or licensee a copy
of the notice given to the applicant or licensee and a copy of BCL
materials supporting the notice. [Rule 702.]
[[Page 45938]]
Sec. 502.703 Applicant or licensee response.
Upon receiving the materials described in Sec. 502.702(b), the
administrative law judge will issue a notice advising the applicant or
licensee of the right to respond in support of an OTI application or
continuation of a current OTI license. The response must be:
(a) Filed with the administrative law judge within 30 days of the
administrative law judge's notice; and
(b) Include any supporting information or documents, such as
affidavits of fact, memoranda, or written argument. [Rule 703.]
Sec. 502.704 Reply.
The Bureau of Enforcement may, within twenty (20) days of service
of the response filed by the applicant or licensee, file with the
administrative law judge and serve upon the applicant or licensee a
reply memorandum accompanied by appropriate affidavits and supporting
documents.
Sec. 502.705 Additional information.
The administrative law judge may require the submission of
additional affidavits, documents, or memoranda from the Bureau of
Enforcement or the licensee or applicant. [Rule 705.]
Sec. 502.706 Request for an oral hearing or argument.
(a) In the usual course of disposition of matters filed under this
subpart, no oral hearing or argument will be held, but the
administrative law judge, in their discretion, may order such hearing.
(b) A request for oral hearing or argument may be incorporated in
the applicant or licensee's response or in the Bureau of Enforcement's
reply to the response. Requests for oral hearing or argument will not
be entertained unless they set forth in detail the reasons why the
filing of affidavits or other documents will not permit the fair and
expeditious disposition of the claim, and the precise nature of the
facts sought to be proved or issues to be addressed at an oral hearing
or argument.
(c) The administrative law judge will rule upon a request for oral
hearing or argument within ten (10) days of its receipt.
(d) In the event oral hearing or argument is ordered, it will be
held in accordance with the rules applicable to other formal
proceedings, as set forth in subparts A through Q of this part. [Rule
706.]
Sec. 502.707 Intervention.
Intervention will ordinarily not be permitted. [Rule 707.]
Sec. 502.708 Decision.
(a) Except as described in paragraph (b) of this section, the
administrative law judge will issue a decision within forty (40) days
after the submission of the Bureau of Enforcement's reply.
(b) If oral hearing or argument is conducted or additional
information is required, then the decision will be issued within forty
(40) days after the oral proceeding or the deadline for submission of
additional information, whichever is later.
(c) The decision of the administrative law judge will be final,
unless, within twenty-two (22) days from the date of service of the
decision, either party files exceptions under Sec. 502.227(a)(1) or
the Commission makes a determination to review under Sec.
502.227(a)(3) and (d). [Rule 708.]
Sec. 502.709 Applicability of other rules to this subpart.
(a) Except as otherwise specifically provided in this subpart or in
paragraph (b) of this section, the sections in subparts A through Q,
inclusive, of this part do not apply to proceedings covered by this
subpart.
(b) The following sections in subparts A through Q apply to
proceedings covered by this subpart: Sec. Sec. 502.1-502.11, 502.13
(Filing requirements, Document requirements, and General rules);
502.21-502.23 (Appearance, Authority for representation, Notice of
appearance, Substitution, and Withdrawal of representative); 502.42
(Bureau of Enforcement); 502.43 (Substitution of parties); 502.101-
502.105 (Computation of time); 502.114, 502.116-502.117 (Service of
documents); 502.223-502.230 (Decisions). [Rule 709.]
PART 515--LICENSING, FINANCIAL RESPONSIBILITY REQUIREMENTS, AND
GENERAL DUTIES FOR OCEAN TRANSPORTATION INTERMEDIARIES
0
4. 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
5. Revise Sec. 515.17 to read as follows:
Sec. 515.17 Hearing Procedures governing denial, revocation, or
suspension of OTI License.
All hearing requests under Sec. Sec. 515.15 and 515.16 shall be
submitted to the Commission's Secretary. The hearing will be
adjudicated under the procedures set forth in subpart X of part 502 of
this chapter.
By the Commission.
Rachel Dickon,
Secretary.
[FR Doc. 2019-18742 Filed 8-30-19; 8:45 am]
BILLING CODE 6731-AA-P
