Update of Existing User Fees, 72574-72579 [2020-23763]

Download as PDF 72574 Federal Register / Vol. 85, No. 220 / Friday, November 13, 2020 / Rules and Regulations tolerance is needed to cover those residues. Based on application rates for mefenoxam and extrapolating from the available data concerning concentration during processing for metalaxyl, EPA concludes a tolerance level of 5 ppm for residues of mefenoxam in or on almond hulls is appropriate. EPA is establishing that tolerance here. The FFDCA anticipates that residues of pesticides applied to raw agricultural commodities may pass through to processed commodities and allows tolerances on raw agricultural commodities to cover processed forms of those commodities as long as residues remain within tolerance levels. 21 U.S.C. 346a(a)(2). Where residues concentrate in the processed food, a separate tolerance is necessary. Given the potential to passthrough, EPA examines whether tolerances on the raw agricultural commodities will cover residues on the processed food, and if not, establishes them. EPA believes it is reasonable to expect that a tolerance may need to be established in processed forms of commodities for which tolerances on the raw agricultural commodities are requested. jbell on DSKJLSW7X2PROD with RULES V. Conclusion Therefore, tolerances are established for residues of mefenoxam, including its metabolites and degradates in or on the tree nut, crop group 14–12 at 0.3 ppm and almond hulls at 5 ppm. VI. Statutory and Executive Order Reviews This action establishes tolerances under FFDCA section 408(d) in response to a petition submitted to the Agency. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, entitled ‘‘Regulatory Planning and Review’’ (58 FR 51735, October 4, 1993). Because this action has been exempted from review under Executive Order 12866, this action is not subject to Executive Order 13211, entitled ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997), nor is it considered a regulatory action under Executive Order 13771, entitled ‘‘Reducing Regulations and Controlling Regulatory Costs’’ (82 FR 9339, February 3, 2017). This action does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any special considerations VerDate Sep<11>2014 16:03 Nov 12, 2020 Jkt 253001 under Executive Order 12898, entitled ‘‘Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations’’ (59 FR 7629, February 16, 1994). Since tolerances and exemptions that are established on the basis of a petition under FFDCA section 408(d), such as the tolerance in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), do not apply. This action directly regulates growers, food processors, food handlers, and food retailers, not States or Tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, the Agency has determined that this action will not have a substantial direct effect on States or Tribal Governments, on the relationship between the National Government and the States or Tribal Governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian Tribes. Thus, the Agency has determined that Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 2000) do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note). VII. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 and pests, Reporting and recordkeeping requirements. Dated: October 9, 2020. Marietta Echeverria, Acting Director, Registration Division, Office of Pesticide Programs. Therefore, for the reasons stated in the preamble, EPA is amending 40 CFR chapter I as follows: PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD 1. The authority citation for part 180 continues to read as follows: ■ Authority: 21 U.S.C. 321(q), 346a and 371. 2. In § 180.546 amend paragraph (a) by designating the table as Table 1 to paragraph (a) and adding in alphabetical order to newly designated Table 1 to paragraph (a) entries for ‘‘Almond, hulls’’ and ‘‘Tree nut, crop group 14– 12’’ to read as follows: ■ § 180.546 Mefenoxam; tolerances for residues. * * * * * TABLE 1 TO PARAGRAPH (a) Parts per million Commodity * * * * Almond hulls ............................. * * * * * Tree nut, crop group 14–12 ..... * * * * * * * * * 5 0.3 * * [FR Doc. 2020–23423 Filed 11–12–20; 8:45 am] BILLING CODE 6560–50–P FEDERAL MARITIME COMMISSION 46 CFR Parts 502, 503, 520, 530, 535, 540, 550, 555, and 560 [Docket No. 20–18] RIN 3072–AC83 Update of Existing User Fees Federal Maritime Commission Direct final rule; request for comments. AGENCY: ACTION: The Federal Maritime Commission (Commission) is updating its current user fees and amending the relevant regulations to reflect these updates. The Commission is also correcting an internal citation and clarifying the applicability of a fee in an existing regulation. SUMMARY: E:\FR\FM\13NOR1.SGM 13NOR1 Federal Register / Vol. 85, No. 220 / Friday, November 13, 2020 / Rules and Regulations The rule is effective without further action on January 27, 2021, unless significant adverse comments are filed prior to December 14, 2020. If significant adverse comments are received, the Commission will publish a timely withdrawal of the rule in the Federal Register no later than December 28, 2020. ADDRESSES: You may submit comments, identified by Docket No. 20–18, by the following method: • Email: secretary@fmc.gov. For comments, include in the subject line: ‘‘Docket 20–18, Comments on User Fee Update.’’ Comments should be attached to the email as a Microsoft Word or textsearchable PDF document. Both confidential and public versions of confidential comments and petitions should be submitted by email. 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: http://www2.fmc.gov/readingroom/ proceeding/20-18. FOR FURTHER INFORMATION CONTACT: Rachel E. Dickon, Secretary. Phone: (202) 523–5725. Email: secretary@ fmc.gov. SUPPLEMENTARY INFORMATION: jbell on DSKJLSW7X2PROD with RULES DATES: 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 VerDate Sep<11>2014 16:03 Nov 12, 2020 Jkt 253001 those benefits received by the general public. OMB Circular A–25 further provides that, generally, 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 states that agencies are permitted to set user fees below costs if conditions justify the exception. 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 2018. 83 FR 50290 (Oct. 5, 2018). 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 such 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 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 Information Technology, Office of Human Resources, Office of Budget and Finance, and the Office of Management Services. PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 72575 detailed description of the Commission’s methodology has been included in the docket. The Commission is increasing some fees to reflect salary increases for FTEs assigned to certain fee-generating services. 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, the Commission is decreasing fees due to an overall reduced cost to provide those services or a decrease in overhead costs resulting from fewer FTEs employed by the Commission and fewer FTEs assigned to fee-generating activities. The Commission is including two supporting documents providing detailed information on the updated user fee calculations in the docket. The first document shows the direct and indirect costs for each service for which a fee is assessed based on FY 2019 cost data. The second document compares the current fee amounts established in 2018 with the updated fee amounts reflecting the current costs, showing the percentage increase or decrease and change in dollar amount. A. Significant Change in User Fees The Commission briefly describes below changes in user fees that result in more than a 10 percent increase or decrease to a particular fee. 1. Record Search and Document Duplication Fees (Part 503) The hourly rate for document searches conducted by clerical/ administrative personnel in response to Freedom of Information Act (FOIA) requests is decreasing from $52 per hour to $39 per hour. This updated fee reflects the lower average hourly salaries of the non-professional staff who conduct record searches. The minimum charge for a records search is increasing from $31 to $39. This updated rate reflects the higher average salary of the FTEs performing this service. The minimum duplication charge is also increasing from $6 to $7, which reflects the higher salaries of staff performing these services. 2. 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 $3,272 to $4,332 for general applications; and from $1,652 to $2,180 for applications to add or substitute a vessel to the applicant’s fleet. For Certificates of E:\FR\FM\13NOR1.SGM 13NOR1 72576 Federal Register / Vol. 85, No. 220 / Friday, November 13, 2020 / Rules and Regulations 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 $1,441 to $1,889 for general applications; and from $718 to $921 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. B. Ocean Transportation Intermediary License Application Fees (Part 515) In Docket No. 18–11, the Commission revised 46 CFR part 515 relating to Ocean Transportation Intermediary (OTI) license applications. See 84 FR 62464 (Nov. 15, 2019). The Commission amended §§ 515.5(b) and 515.12(a) to eliminate the paper application option for OTI license applications. 84 FR at 62465, 62467. As noted in the 2018 direct final rule, the fees for the electronic filing of OTI applications will be addressed 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. Because the automated system is not yet complete, the Commission is not revising the fees in Part 515. C. Other Revisions The Commission is making two minor revisions that are related to user fees. These additional changes update internal citations and clarify existing Commission regulations but do not substantively amend the meaning of the following sections. jbell on DSKJLSW7X2PROD with RULES 1. Update in § 502.27 The Commission is revising § 502.27 to reflect a change to an internal citation that resulted from a previous rulemaking proceeding. 2. Clarification in § 550.402 The Commission is also revising § 550.402. In addition to updating the fee in the last sentence, the Commission is deleting the first sentence of § 550.402, which provides that other than petitions for rulemaking, requests for relief from conditions unfavorable to shipping in the foreign trade under 46 U.S.C. ch. 421 must be by written petition. This sentence was inadvertently included in a 2016 final rule amending the Commission’s user fees. 81 FR 59141 (Aug. 29, 2016). Because § 550.403 requires that all petitions under part 550 must include a recommended regulation for the Commission to promulgate, this sentence has created confusion as to VerDate Sep<11>2014 16:03 Nov 12, 2020 Jkt 253001 whether written petitions are required. The Commission is therefore deleting this sentence to confirm that a petition seeking a regulation that adjusts or meets conditions unfavorable to shipping in the foreign trade of the United States must be in writing. 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. 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. Both non-confidential and confidential comments should be submitted by email. You may read the comments received by the Commission at the Commission’s Electronic Reading Room at 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 email to the email 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. • 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. 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 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 How can I read comments submitted by other people? 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 and makes minor corrections to some of the provisions specifying user fees. This rule makes no substantive changes to the Commission’s regulations nor does it 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 minor revisions to user-fee-related regulations, and any substantive 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 E:\FR\FM\13NOR1.SGM 13NOR1 Federal Register / Vol. 85, No. 220 / Friday, November 13, 2020 / Rules and Regulations 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 foreignbased companies. 5 U.S.C. 804(2). jbell on DSKJLSW7X2PROD with RULES 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 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 VerDate Sep<11>2014 16:03 Nov 12, 2020 Jkt 253001 categorical exclusions: 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 collections of information as defined by 44. U.S.C. 3502(3) and 5 CFR 1320.3(c). The Commission assigns a regulation identifier number (RIN) to each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions (Unified Agenda). The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. You may use the RIN contained in the heading at the beginning of this document to find this action in the Unified Agenda, available at http:// www.reginfo.gov/public/do/ eAgendaMain. List of Subjects 46 CFR Part 502 Administrative practice and procedure, Claims, Equal access to justice, Investigations, Lawyers, Maritime carriers, Penalties, Reporting and recordkeeping requirements. 46 CFR Part 503 Classified information, Freedom of Information, Privacy, Sunshine Act. Frm 00027 Fmt 4700 Sfmt 4700 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. 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, 520, 530, 535, 540, 550, 555, and 560 as follows: PART 502—RULES OF PRACTICE AND PROCEDURE 1. The authority citation for part 502 is amended to read as follows: ■ Regulation Identifier Number PO 00000 72577 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 § 502.27 by revising the last sentence in paragraph (a)(1) to read as follows: ■ § 502.27 Persons not attorneys at law. (a)(1) * * * Applications by persons not attorneys at law for admission to practice before the Commission shall be made on the forms prescribed therefor, which may be obtained from the Secretary of the Commission, and shall be addressed to the Federal Maritime Commission, Washington, DC, 20573, and shall be accompanied by a fee as required by § 503.50(d) of this chapter. * * * * * ■ 3. Amend § 502.62 by revising paragraph (a)(6) to read as follows: § 502.62 Private party complaints for formal adjudication. (a) * * * E:\FR\FM\13NOR1.SGM 13NOR1 72578 Federal Register / Vol. 85, No. 220 / Friday, November 13, 2020 / Rules and Regulations (6) Filing fee. The complaint must be accompanied by remittance of a $288 filing fee. * * * * * ■ 4. 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 $306 filing fee. * * * * * ■ 5. 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 $306 filing fee. [Rule 94.] ■ 6. 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 $115 filing fee. * * * * * ■ 7. Amend § 502.304 by revising the last sentence of paragraph (b) to read as follows: § 502.304 Procedure and filing fee. * * * * * (b) * * * Such claims must be accompanied by remittance of a $112 filing fee. * * * * * Authority: 5 U.S.C. 553; 46 U.S.C. 305, 40101–40102, 40501–40503, 40701–40706, 41101–41109. Authority: 5 U.S.C. 331, 552, 552a, 552b, 553; 31 U.S.C. 9701; 46 U.S.C. 303; E.O. 13526 of January 5, 2010 75 FR 707, 3 CFR, 2010 Comp., p. 298, sections 5.1(a) and (b). 9. Amend § 503.50 by 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) to read as follows: ■ Fees for services. jbell on DSKJLSW7X2PROD with RULES * * * * (c) * * * (1) * * * (i) Search will be performed by clerical/administrative personnel at a rate of $39 per hour and by professional/executive personnel at a rate of $77 per hour. (ii) Unless an exception provided in paragraph (b)(2) of this section applies, the minimum charge for record search is $39. 16:03 Nov 12, 2020 Jkt 253001 * * * * (b) * * * (2) The certification and validation (with Federal Maritime Commission seal) of documents filed with or issued by the Commission will be available at $111 for each certification. * * * * * 11. The authority citation for part 520 continues to read as follows: 8. The authority citation for part 503 continues to read as follows: VerDate Sep<11>2014 Fees. * ■ ■ * § 503.69 PART 520—CARRIER AUTOMATED TARIFFS PART 503—PUBLIC INFORMATION § 503.50 (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 $108 per hour. * * * (3) * * * (ii) By Commission personnel, at the rate of ten cents per page (one side) plus $39 per hour. (iii) Unless an exception provided in paragraph (b)(2) of this section applies, the minimum charge for copying is $7. * * * * * (4) The certification and validation (with Federal Maritime Commission seal) of documents filed with or issued by the Commission will be available at $111 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 $206 pursuant to § 502.27 of this chapter. ■ 10. Amend § 503.69 by revising paragraph (b)(2) to read as follows: 12. Amend § 520.14 by revising the last sentence of paragraph (c)(1) 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 the contract’s filing with the Commission, accompanied by remittance of a $97 service fee, and must include: * * * * * PART 535—OCEAN COMMON CARRIER AND MARINE TERMINAL OPERATOR AGREEMENTS SUBJECT TO THE SHIPPING ACT OF 1984 15. 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. 16. Amend § 535.401 by revising paragraph (g) to read as follows: ■ § 535.401 General requirements. * * * * * (g) The filing fee is $3,454 for new agreements and any agreement modifications requiring Commission review and action; $526 for agreements processed under delegated authority (for types of agreements that can be processed under delegated authority, see § 501.27(e) of this chapter); $296 for carrier exempt agreements; and $87 for terminal exempt agreements. * * * * * PART 540—PASSENGER VESSEL FINANCIAL RESPONSIBILITY 17. 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. 18. Amend § 540.4 by revising paragraph (e) 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 $307. * * * * * PART 530—SERVICE CONTRACTS 13. 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. 14. Amend § 530.10 by revising paragraph (c) introductory text to read as follows: ■ PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 § 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 $4,332. 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 $2,180. Administrative changes, such as the renaming of a vessel will not incur any additional fees. * * * * * E:\FR\FM\13NOR1.SGM 13NOR1 Federal Register / Vol. 85, No. 220 / Friday, November 13, 2020 / Rules and Regulations 19. Amend § 540.23 by revising the last two sentences of paragraph (b) to read as follows: ■ PART 560—ACTIONS TO ADDRESS CONDITIONS UNDULY IMPAIRING ACCESS OF U.S.-FLAG VESSELS TO OCEAN TRADE BETWEEN FOREIGN PORTS § 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 $1,889. 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 $921. * * * * * PART 550—REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES 20. 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. 21. Revise § 550.402 to read as follows: ■ § 550.402 PART 555—ACTIONS TO ADDRESS ADVERSE CONDITIONS AFFECTING U.S.-FLAG CARRIERS THAT DO NOT EXIST FOR FOREIGN CARRIERS IN THE UNITED STATES 22. 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). 23. Amend § 555.4 by revising the last sentence of paragraph (a) to read as follows: jbell on DSKJLSW7X2PROD with RULES ■ Petitions. (a) * * * The petition must be accompanied by remittance of a $306 filing fee. * * * * * VerDate Sep<11>2014 16:03 Nov 12, 2020 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). 25. 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 $306 filing fee. * * * * * By the Commission. Rachel Dickon, Secretary. [FR Doc. 2020–23763 Filed 11–12–20; 8:45 am] BILLING CODE 6730–02–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 Filing of petitions. All requests for relief from conditions unfavorable to shipping in the foreign trade must be by written petition. An original and fifteen copies of a petition for relief under the provisions of this part must be filed with the Secretary, Federal Maritime Commission, Washington, DC 20573. The petition must be accompanied by remittance of a $306 filing fee. § 555.4 24. The authority citation for part 560 continues to read as follows: ■ Jkt 253001 [Docket No: 200428–0122; RTID 0648– XA507] Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2020 Management Area 1A Sub-Annual Catch Limit Harvested National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is closing the directed fishery for Herring Management Area 1A. This closure is required because NMFS projects that 92 percent of the catch amount for Management Area 1A has been caught. This action is intended to prevent overharvest of Atlantic herring in Management Area 1A, which will result in additional quota reductions next year. DATES: Effective 00:01 hr local time, November 11, 2020, through December 31, 2020. FOR FURTHER INFORMATION CONTACT: Aly Pitts, Fishery Management Specialist, (978) 281–9352. SUPPLEMENTARY INFORMATION: The Regional Administrator of the Greater SUMMARY: PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 72579 Atlantic Regional Office monitors Atlantic herring fishery catch in each of the management areas based on vessel and dealer reports, state data, and other available information. The regulations at 50 CFR 648.201 require that when Atlantic herring catch will reach 92 percent of the Management Area 1A sub-annual catch limit (sub-ACL), federally permitted vessels are prohibited from fishing for, possessing, transferring, receiving, landing, or selling more than 2,000 lb (907.2 kg) of Atlantic herring per trip or calendar day in or from the specified management area. The Regional Administrator has projected, based on vessel and dealer reports, and other available information, that the Atlantic herring fleet will have caught 92 percent of the Management Area 1A sub-ACL by November 11, 2020. Therefore, effective 00:01 hr local time, November 11, 2020, vessels may not fish for, possess, transfer, receive, land, or sell more than 2,000 lb (907.2 kg) of Atlantic herring per trip or calendar day, in or from Management Area 1A, through December 31, 2020. Vessels that have entered port before 00:01 hr local time, November 11, 2020, may land and sell more than 2,000 lb (907.2 kg) of Atlantic herring from Area 1A from that trip. A vessel may transit through Area 1A with more than 2,000 lb (907.2 kg) of Atlantic herring on board, provided all herring was caught outside of Area 1A and all fishing gear is stowed and not available for immediate use as defined by § 648.2. All herring vessels must land in accordance with state landing restrictions. Effective 00:01 hr local time, November 11, 2020, through 24:00 hr local time, December 31, 2020, federally permitted dealers may not purchase, possess, receive, sell, barter, trade or transfer more than 2,000 lb (907.2 kg) of Atlantic herring per trip or calendar day from Area 1A from a vessel issued and holding a valid Federal herring permit, unless it is from a trip landed by a vessel that entered port before 00:01 hr local time, November 11, 2020, and that catch is landed in accordance with state regulations. Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. NMFS finds good cause pursuant to 5 U.S.C. 553(b)(3)(B) to waive prior notice and the opportunity for public comment because it would be contrary to the public interest and impracticable. NMFS also finds good cause to waive the 30-day delayed effectiveness in accordance with 5 U.S.C 553(d)(3). E:\FR\FM\13NOR1.SGM 13NOR1

Agencies

[Federal Register Volume 85, Number 220 (Friday, November 13, 2020)]
[Rules and Regulations]
[Pages 72574-72579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23763]


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FEDERAL MARITIME COMMISSION

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

[Docket No. 20-18]
RIN 3072-AC83


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. The Commission is also correcting an internal citation 
and clarifying the applicability of a fee in an existing regulation.

[[Page 72575]]


DATES: The rule is effective without further action on January 27, 
2021, unless significant adverse comments are filed prior to December 
14, 2020. If significant adverse comments are received, the Commission 
will publish a timely withdrawal of the rule in the Federal Register no 
later than December 28, 2020.

ADDRESSES: You may submit comments, identified by Docket No. 20-18, by 
the following method:
     Email: [email protected]. For comments, include in the 
subject line: ``Docket 20-18, Comments on User Fee Update.'' Comments 
should be attached to the email as a Microsoft Word or text-searchable 
PDF document. Both confidential and public versions of confidential 
comments and petitions should be submitted by email.
    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: 
http://www2.fmc.gov/readingroom/proceeding/20-18.

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, generally, 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 states that agencies are 
permitted to set user fees below costs if conditions justify the 
exception.
    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 
2018. 83 FR 50290 (Oct. 5, 2018).

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 such 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.
---------------------------------------------------------------------------

    \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 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 salary increases 
for FTEs assigned to certain fee-generating services. 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, 
the Commission is decreasing fees due to an overall reduced cost to 
provide those services or a decrease in overhead costs resulting from 
fewer FTEs employed by the Commission and fewer FTEs assigned to fee-
generating activities.
    The Commission is including two supporting documents providing 
detailed information on the updated user fee calculations in the 
docket. The first document shows the direct and indirect costs for each 
service for which a fee is assessed based on FY 2019 cost data. The 
second document compares the current fee amounts established in 2018 
with the updated fee amounts reflecting the current costs, showing the 
percentage increase or decrease and change in dollar amount.

A. Significant Change in User Fees

    The Commission briefly describes below changes in user fees that 
result in more than a 10 percent increase or decrease to a particular 
fee.
1. Record Search and Document Duplication Fees (Part 503)
    The hourly rate for document searches conducted by clerical/
administrative personnel in response to Freedom of Information Act 
(FOIA) requests is decreasing from $52 per hour to $39 per hour. This 
updated fee reflects the lower average hourly salaries of the non-
professional staff who conduct record searches. The minimum charge for 
a records search is increasing from $31 to $39. This updated rate 
reflects the higher average salary of the FTEs performing this service. 
The minimum duplication charge is also increasing from $6 to $7, which 
reflects the higher salaries of staff performing these services.
2. 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 $3,272 to $4,332 for general 
applications; and from $1,652 to $2,180 for applications to add or 
substitute a vessel to the applicant's fleet. For Certificates of

[[Page 72576]]

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 $1,441 to $1,889 for general applications; 
and from $718 to $921 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.

B. Ocean Transportation Intermediary License Application Fees (Part 
515)

    In Docket No. 18-11, the Commission revised 46 CFR part 515 
relating to Ocean Transportation Intermediary (OTI) license 
applications. See 84 FR 62464 (Nov. 15, 2019). The Commission amended 
Sec. Sec.  515.5(b) and 515.12(a) to eliminate the paper application 
option for OTI license applications. 84 FR at 62465, 62467. As noted in 
the 2018 direct final rule, the fees for the electronic filing of OTI 
applications will be addressed 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. Because the 
automated system is not yet complete, the Commission is not revising 
the fees in Part 515.

C. Other Revisions

    The Commission is making two minor revisions that are related to 
user fees. These additional changes update internal citations and 
clarify existing Commission regulations but do not substantively amend 
the meaning of the following sections.
1. Update in Sec.  502.27
    The Commission is revising Sec.  502.27 to reflect a change to an 
internal citation that resulted from a previous rulemaking proceeding.
2. Clarification in Sec.  550.402
    The Commission is also revising Sec.  550.402. In addition to 
updating the fee in the last sentence, the Commission is deleting the 
first sentence of Sec.  550.402, which provides that other than 
petitions for rulemaking, requests for relief from conditions 
unfavorable to shipping in the foreign trade under 46 U.S.C. ch. 421 
must be by written petition. This sentence was inadvertently included 
in a 2016 final rule amending the Commission's user fees. 81 FR 59141 
(Aug. 29, 2016). Because Sec.  550.403 requires that all petitions 
under part 550 must include a recommended regulation for the Commission 
to promulgate, this sentence has created confusion as to whether 
written petitions are required. The Commission is therefore deleting 
this sentence to confirm that a petition seeking a regulation that 
adjusts or meets conditions unfavorable to shipping in the foreign 
trade of the United States must be in writing.

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. Both non-confidential and confidential 
comments should be submitted by email.
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 
email to the email 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.
     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.
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 at the address 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 and makes minor corrections to some of the 
provisions specifying user fees. This rule makes no substantive changes 
to the Commission's regulations nor does it 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 minor revisions to user-fee-related 
regulations, and any substantive 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

[[Page 72577]]

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: 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 http://www.reginfo.gov/public/do/eAgendaMain.

List of Subjects

46 CFR Part 502

    Administrative practice and procedure, Claims, Equal access to 
justice, Investigations, Lawyers, Maritime carriers, Penalties, 
Reporting and recordkeeping requirements.

46 CFR Part 503

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

46 CFR Part 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.

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, 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 is amended 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.  502.27 by revising the last sentence in paragraph (a)(1) 
to read as follows:


Sec.  502.27   Persons not attorneys at law.

    (a)(1) * * * Applications by persons not attorneys at law for 
admission to practice before the Commission shall be made on the forms 
prescribed therefor, which may be obtained from the Secretary of the 
Commission, and shall be addressed to the Federal Maritime Commission, 
Washington, DC, 20573, and shall be accompanied by a fee as required by 
Sec.  503.50(d) of this chapter.
* * * * *

0
3. Amend Sec.  502.62 by revising paragraph (a)(6) to read as follows:


Sec.  502.62   Private party complaints for formal adjudication.

    (a) * * *

[[Page 72578]]

    (6) Filing fee. The complaint must be accompanied by remittance of 
a $288 filing fee.
* * * * *

0
4. 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 $306 filing 
fee.
* * * * *

0
5. 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 $306 filing 
fee. [Rule 94.]

0
6. 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 $115 filing 
fee.
* * * * *

0
7. 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 $112 
filing fee.
* * * * *

PART 503--PUBLIC INFORMATION

0
8. 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; 
46 U.S.C. 303; E.O. 13526 of January 5, 2010 75 FR 707, 3 CFR, 2010 
Comp., p. 298, sections 5.1(a) and (b).


0
9. Amend Sec.  503.50 by 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) to read as follows:


Sec.  503.50   Fees for services.

* * * * *
    (c) * * *
    (1) * * *
    (i) Search will be performed by clerical/administrative personnel 
at a rate of $39 per hour and by professional/executive personnel at a 
rate of $77 per hour.
    (ii) Unless an exception provided in paragraph (b)(2) of this 
section applies, the minimum charge for record search is $39.
    (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 $108 per hour. * * *
    (3) * * *
    (ii) By Commission personnel, at the rate of ten cents per page 
(one side) plus $39 per hour.
    (iii) Unless an exception provided in paragraph (b)(2) of this 
section applies, the minimum charge for copying is $7.
* * * * *
    (4) The certification and validation (with Federal Maritime 
Commission seal) of documents filed with or issued by the Commission 
will be available at $111 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 $206 
pursuant to Sec.  502.27 of this chapter.

0
10. 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 $111 for each certification.
* * * * *

PART 520--CARRIER AUTOMATED TARIFFS

0
11. 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
12. 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 $307.
* * * * *

PART 530--SERVICE CONTRACTS

0
13. 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
14. 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 the contract's filing with the Commission, accompanied by 
remittance of a $97 service fee, and must include:
* * * * *

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

0
15. 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
16. Amend Sec.  535.401 by revising paragraph (g) to read as follows:


Sec.  535.401  General requirements.

* * * * *
    (g) The filing fee is $3,454 for new agreements and any agreement 
modifications requiring Commission review and action; $526 for 
agreements processed under delegated authority (for types of agreements 
that can be processed under delegated authority, see Sec.  501.27(e) of 
this chapter); $296 for carrier exempt agreements; and $87 for terminal 
exempt agreements.
* * * * *

PART 540--PASSENGER VESSEL FINANCIAL RESPONSIBILITY

0
17. 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
18. 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 
$4,332. 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 $2,180. Administrative 
changes, such as the renaming of a vessel will not incur any additional 
fees.
* * * * *

[[Page 72579]]


0
19. 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 
$1,889. 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 $921.
* * * * *

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

0
20. 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
21. Revise Sec.  550.402 to read as follows:


Sec.  550.402  Filing of petitions.

    All requests for relief from conditions unfavorable to shipping in 
the foreign trade must be by written petition. An original and fifteen 
copies of a petition for relief under the provisions of this part must 
be filed with the Secretary, Federal Maritime Commission, Washington, 
DC 20573. The petition must be accompanied by remittance of a $306 
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
22. 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
23. 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 $306 
filing fee.
* * * * *

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

0
24. 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
25. 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 $306 
filing fee.
* * * * *

    By the Commission.
Rachel Dickon,
Secretary.
[FR Doc. 2020-23763 Filed 11-12-20; 8:45 am]
BILLING CODE 6730-02-P