Update of Existing User Fees, 72574-72579 [2020-23763]
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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.
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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
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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
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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:
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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: https://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:
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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
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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.
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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
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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.
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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
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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
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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
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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).
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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
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
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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 https://
www.reginfo.gov/public/do/
eAgendaMain.
List of Subjects
46 CFR Part 502
Administrative practice and
procedure, Claims, Equal access to
justice, Investigations, Lawyers,
Maritime carriers, Penalties, Reporting
and recordkeeping requirements.
46 CFR Part 503
Classified information, Freedom of
Information, Privacy, Sunshine Act.
Frm 00027
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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
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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) * * *
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(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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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:
https://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.
---------------------------------------------------------------------------
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 https://www.reginfo.gov/public/do/eAgendaMain.
List of Subjects
46 CFR Part 502
Administrative practice and procedure, Claims, Equal access to
justice, Investigations, Lawyers, Maritime carriers, Penalties,
Reporting and recordkeeping requirements.
46 CFR Part 503
Classified information, Freedom of Information, Privacy, Sunshine
Act.
46 CFR Part 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
