Update of Existing FMC User Fees, 16894-16899 [2023-05764]
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16894
Federal Register / Vol. 88, No. 54 / Tuesday, March 21, 2023 / Rules and Regulations
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
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we do discuss the effects of this rule
elsewhere in this preamble.
■
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, and Environmental
Planning, COMDTINST 5090.1 (series),
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f) and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
establishment of a temporary safety
zone for navigable waters of the Corpus
Christi Bay in a zone defined by 1.25 sq.
miles on the following box; 27°49′2.78″
N, 97°23′16.1″ W to 27°47″3.69″ N,
97°23′14.62″ W to 27°47′5.46″ N,
97°22′41.02″ W to 27°49′2.73″ N,
97°22′42.97″ W to 27°49′2.78″ N,
97°23′16.10″ W. The safety zone is
needed to protect personnel, vessels,
and the marine environment from
potential hazards created by an airshow
in the waters of the Corpus Christi Bay.
It is categorically excluded from further
review under paragraph L60 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
§ 165.T08–0171 Safety Zone; Corpus
Christi Bay, Corpus Christi, TX.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00171.1, Revision No. 01.3.
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2. Add § 165.T08–0171 to read as
follows:
(a) Location. The following area is a
safety zone: all navigable waters of the
Corpus Christi Bay encompassed by a
1.25 sq. miles on the following box;
27°49′2.78″ N, 97°23′16.1″ W to
27°47″3.69″ N, 97°23′14.62″ W to
27°47′5.46″ N, 97°22′41.02″ W to
27°49′2.73″ N, 97°22′42.97″ W to
27°49′2.78″ N, 97°23′16.10″ W.
(b) Effective period. This section is
effective from 11:30 a.m. on May 4,
2023, through 4 p.m. on May 7, 2023.
It is subject to enforcement from 11:30
a.m. through 4 p.m. each day.
(c) Regulations. (1) According to the
general regulations in § 165.23, entry
into this temporary safety zone is
prohibited unless authorized by the
Captain of the Port Sector Corpus
Christi (COTP) or a designated
representative. They may be contacted
on Channel 16 VHF–FM (156.8 MHz) or
by telephone at 361–939–0450.
(2) If permission is granted, all
persons and vessels shall comply with
the instructions of the COTP or
designated representative.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
times and date for this safety zone
through Broadcast Notices to Mariners,
Local Notices to Mariners, and/or Safety
Marine Information Broadcasts as
appropriate.
Dated: March 14, 2023
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the
Port Sector Corpus Christi.
[FR Doc. 2023–05743 Filed 3–20–23; 8:45 am]
BILLING CODE 9110–04–P
FEDERAL MARITIME COMMISSION
46 CFR Parts 502, 503, 520, 530, 535,
540, 550, 555, and 560
[Docket No. FMC–2023–0009]
RIN 3072–AC96
Update of Existing FMC 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 direct final rule would
increase some fees to reflect increases in
salaries of employees assigned to certain
SUMMARY:
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fee-generating services. For one service,
the rule would lower fees because lesssenior employees are assigned to the
fee-generating activity. No substantive
changes to the underlying regulations
are included in this rulemaking; only
changes to the user fee amounts.
DATES: The rule is effective without
further action on June 5, 2023, unless
significant adverse comments are filed
prior to April 20, 2023. If significant
adverse comments are received, the
Commission will publish a timely
withdrawal of the rule in the Federal
Register no later than May 5, 2023.
ADDRESSES: You may submit comments
by using the Federal eRulemaking Portal
at www.regulations.gov, under Docket
No. FMC–2023–0009, Update of
Existing FMC User Fees Direct Final
Rule. Please refer to the ‘‘Public
Participation’’ heading under the
SUPPLEMENTARY INFORMATION section of
this notice for detailed instructions on
how to submit comments, including
instructions on how to request
confidential treatment and additional
information on the rulemaking process.
FOR FURTHER INFORMATION CONTACT:
William Cody, Secretary; Phone: (202)
523–5908; Email: secretary@fmc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The Independent Offices
Appropriation Act of 1952 (IOAA), 31
U.S.C. 9701, authorizes agencies to
establish charges (i.e., 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
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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 2020. 85 FR 72574 (Nov. 13, 2020).
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.
The Commission is increasing some
fees to reflect increased costs relating to
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 one service,
the Commission is decreasing fees
because less-senior employees are
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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16895
assigned to the fee-generating activity.
No substantive changes to the
underlying regulations are included in
this rulemaking; only changes to the
user fee amounts.
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 2022 cost
data. The second document compares
the current fee amounts established in
2020 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 significant changes in user fees
and changes that result in more than a
10 percent increase or decrease to a
particular fee.
1. General Increases
For the 2020 Direct Final Rule
Updating User Fees, the Commission
used FY 2019 cost data, including FY
2019 salaries. Despite the fact that the
2022 update to user fees is occurring
two years later, the Commission is using
salary and cost data from FY 2022 to
provide the most precise estimate of
costs associated with user fees
consistent with OMB Circular A–25.
This three-year gap contributes to a
significant increase in fees. Further,
during this three-year period, inflation
has raised salaries as well as overhead.
Many of the fee increases of more than
10 percent are simply due to updating
fees to reflect current costs.
2. Licensing, Registration, Financial
Responsibility Requirements, and
General Duties for Ocean Transportation
Intermediaries (Part 515)
When the Commission issued the last
update to user fees in 2020, the rule
noted that the Commission was in the
process of transitioning from a paper
application process to an electronic
process for processing Ocean
Transportation Intermediary
applications. The Commission also
noted that the fee for electronic
applications was not modified as the
system was not operational, and the
costs could not be evaluated. See 85 FR
72574. The Commission has completed
the migration to an electronic
application and now updates the user
fees for Part 515 through this rule to
reflect the true cost to the agency of
providing this service.
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3. Clerical Errors on Service Contracts
(Part 530)
FMC–2023–0009, Update of Existing
FMC User Fees Direct Final Rule.
The Commission has previously
provided a service to the public of
correcting clerical or administrative
errors with service contracts. The
Commission no longer provides this
service. The Commission has set the fee
for this service at $0 and will address
this regulation in a future rule.
IV. Rulemaking Analyses and Notices
III. Public Participation
How do I prepare and submit
comments?
You may submit comments by using
the Federal eRulemaking Portal at
www.regulations.gov, under Docket No.
FMC–2023–0009, Update of Existing
FMC User Fees Direct Final Rule. Please
follow the instructions provided on the
Federal eRulemaking Portal to submit
comments.
How do I submit confidential business
information?
The Commission will provide
confidential treatment for identified
confidential information to the extent
allowed by law. If you would like to
request confidential treatment, pursuant
to 46 CFR 502.5, you must submit the
following, by email, to secretary@
fmc.gov:
• A transmittal letter 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.
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Will the Commission consider late
comments?
The Commission will consider all
comments received before the 11:59 EST
on the comment closing date indicated
above under DATES. To the extent
possible, we will also consider
comments received after that date.
How can I read comments submitted by
other people?
You may read the comments received
by the Commission at
www.regulations.gov, under Docket No.
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Administrative Procedure Act
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 the
need) that notice and public procedure
are impracticable, unnecessary, or
contrary to the public interest. This rule
updates the user fee amounts for various
services provided by the Commission
based on a review of the costs to provide
these services. This rule makes no
substantive changes to the
Commission’s regulations nor does it
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 become effective on the
date listed in the DATES section unless
the Commission receives significant
adverse comments within the specified
period. The Commission recognizes that
parties may have information that could
impact the Commission’s views and
intentions with respect to the revised
regulations, and the Commission
intends to consider any comments filed.
The Commission will withdraw the rule
by the date specified in the DATES
section if it receives significant adverse
comments.
We note that the scope of the
rulemaking is limited to the amounts
charged for Commission services, and
any 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 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
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on competition, employment,
investment, productivity, innovation, or
the ability of United States-based
companies to compete with foreignbased companies. 5 U.S.C. 804(2).
Regulatory Flexibility Act
The Regulatory Flexibility Act
(codified as amended at 5 U.S.C. 601–
612) provides that whenever an agency
promulgates a final rule after being
required to publish a notice of proposed
rulemaking under the APA (5 U.S.C.
553), the agency must prepare and make
available a final regulatory flexibility
analysis (FRFA) describing the impact
of the rule on small entities. 5 U.S.C.
604. An agency is not required to
publish a FRFA, however, for the
following types of rules, which are
excluded from the APA’s notice-andcomment requirement: interpretative
rules; general statements of policy; rules
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: issuance,
modification, denial and revocation of
ocean transportation intermediary
licenses under part 515 (§ 504.4(a)(1));
certification of financial responsibility
of passenger vessels under part 540
(§ 504.4(a)(2)); promulgation of
procedural rules under part 502
(§ 504.4(a)(4)); receipt of service
contracts (§ 504.4(a)(5)); consideration
of special permission applications
under part 520 (§ 504.4(a)(6));
consideration of agreements
(§ 504.4(a)(9)–(13), (30)–(35)); action
taken on special docket applications
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46 CFR Part 535
under § 502.271 (§ 504.4(a)(19)); and
action regarding access to public
information under part 503
(§ 504.4(a)(24)).
Administrative practice and
procedure, Maritime carriers, Reporting
and recordkeeping requirements.
Executive Order 12988 (Civil Justice
Reform)
46 CFR Part 540
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
46 CFR Part 550
Administrative practice and
procedure, Maritime carriers.
46 CFR Part 555
Regulation Identifier Number
PART 502—RULES OF PRACTICE AND
PROCEDURE
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
Licensing, Registration, and Surety
bonds for Maritime carriers.
46 CFR Part 520
Freight, Intermodal transportation,
Maritime carriers, Reporting and
recordkeeping requirements.
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1. The authority citation for part 502
is revised to read as follows:
■
Authority: 5 U.S.C. 504, 551, 552, 553,
556(c), 559, 561–569, 571–584; 591–596; 18
U.S.C. 207; 28 U.S.C. 2112(a); 31 U.S.C. 9701;
46 U.S.C., 40103–40104, 40304, 40306,
40501–40503, 40701–40706, 41101–41109,
41301–41309, 44101–44106, 46105; 5 CFR
part 2635.
2. Amend § 502.62 by revising
paragraph (a)(6) to read as follows:
■
§ 502.62 Private party complaints for
formal adjudication.
(a) * * *
(6) Filing fee. The complaint must be
accompanied by remittance of a $387
filing fee.
*
*
*
*
*
■ 3. Amend § 502.93 by revising
paragraph (a)(3) to read as follows:
Declaratory orders and fee.
Petitions-general and fee.
*
Freight, Maritime carriers, Report and
recordkeeping requirements.
16:41 Mar 20, 2023
Administrative practice and
procedure, Maritime carriers.
For the reasons set forth above, the
Federal Maritime Commission amends
46 CFR parts 502, 503, 515, 520, 530,
535, 540, 550, 555, and 560 as follows:
§ 502.94
46 CFR Part 530
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46 CFR Part 560
(a) * * *
(3) Petitions must be accompanied by
remittance of a $450 filing fee.
*
*
*
*
*
■ 4. Amend § 502.94 by revising
paragraph (b) to read as follows:
46 CFR Part 515
*
*
*
*
(b) Petitions must be accompanied by
remittance of a $450 filing fee. [Rule 94.]
■ 5. Amend § 502.271 by revising
paragraph (d)(5) to read as follows:
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*
*
*
*
*
(d) * * *
(5) Applications must be
accompanied by remittance of a $187
filing fee.
*
*
*
*
*
■ 6. Amend § 502.304 by revising the
last sentence of paragraph (b) to read as
follows:
Procedure and filing fee.
*
Administrative practice and
procedure, Investigations, Maritime
carriers.
§ 502.93
Classified information, Freedom of
Information, Privacy, Sunshine Act.
§ 502.271 Special docket application for
permission to refund or waive freight
charges.
§ 502.304
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.
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Insurance, Maritime carriers,
Penalties, Reporting and recordkeeping
requirements, Surety bonds.
16897
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*
*
*
*
(b) * * * Such claims must be
accompanied by remittance of a $176
filing fee.
*
*
*
*
*
PART 503—PUBLIC INFORMATION
7. The authority citation for part 503
continues to read as follows:
■
Authority: 5 U.S.C. 3331, 552, 552a, 552b,
553; 31 U.S.C. 9701; 46 U.S.C. 46103; E.O.
13526 of January 5, 2010, 75 FR 707, 3 CFR,
2010 Comp., p. 298, sections 5.1(a) and (b).
8. Amend § 503.50 by 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:
■
§ 503.50
Fees for services.
*
*
*
*
*
(c) * * *
(1) * * *
(i) Search will be performed by
clerical/administrative personnel at a
rate of $41 per hour and by
professional/executive personnel at a
rate of $82 per hour.
(ii) Unless an exception provided in
paragraph (b)(2) of this section applies,
the minimum charge for record search is
$41.
(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 $109 per hour. * * *
(3) * * *
(i) * * *
(ii) By Commission personnel, at the
rate of ten cents per page (one side) plus
$41 per hour.
(iii) Unless an exception provided in
paragraph (b)(2) of this section applies,
the minimum charge for copying is $8.
*
*
*
*
*
(4) The certification and validation
(with Federal Maritime Commission
seal) of documents filed with or issued
by the Commission will be available at
$93 for each certification.
(d) Applications for admission to
practice before the Commission for
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persons not attorneys at law must be
accompanied by a fee of $195 pursuant
to § 502.27 of this chapter.
■ 9. Amend § 503.69 by revising
paragraph (b)(2) to read as follows:
§ 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
$93 for each certification.
*
*
*
*
*
PART 515—LICENSING,
REGISTRATION, FINANCIAL
RESPONSIBILITY REQUIREMENTS
AND GENERAL DUTIES FOR OCEAN
TRANSPORTATION INTERMEDIARIES
15. Amend § 530.10 by revising
paragraph (c) introductory text to read
as follows:
■
§ 530.10 Amendment, correction,
cancellation, and electronic transmission
errors.
*
*
*
*
*
(c) Corrections. Requests shall be
filed, in duplicate, with the
Commission’s Office of the Secretary
within one-hundred eighty (180) days of
the contract’s filing with the
Commission, accompanied by
remittance of a $0 service fee, and must
include:
*
*
*
*
*
PART 535—OCEAN COMMON
CARRIER AND MARINE TERMINAL
OPERATOR AGREEMENTS SUBJECT
TO THE SHIPPING ACT OF 1984
10. The authority citation for part 515
is revised to read as follows:
■
Authority: 5 U.S.C. 553; 31 U.S.C. 9701;
46 U.S.C. 40102, 40104, 40501–40503,
40901–40904, 41101–41109, 41301–41302,
41305–41307, 46105; Pub. L. 105–383, 112
Stat. 3411; 21 U.S.C. 862.
Authority: 5 U.S.C. 553; 46 U.S.C., 40101–
40104, 40301–40307, 40501–40503, 40901–
40904, 41101–41109, 41301–41302, and
41305–41307, 46105.
■
11. Amend § 515.5 by revising
paragraphs (c)(2)(i) and (ii) to read as
follows:
■
§ 515.5
*
■
17. Amend § 535.401 by revising
paragraph (g) to read as follows:
§ 535.401
Forms and Fees.
*
*
*
*
*
(c) * * *
(2) * * *
(i) Application for new OTI license as
required by § 515.12(a): Filing $1,304.
(ii) Application for change to OTI
license or license transfer as required by
§ 515.20(a) and (b): Filing $943.
PART 520—CARRIER AUTOMATED
TARIFFS
12. The authority citation for part 520
is revised to read as follows:
■
Authority: 5 U.S.C. 553; 46 U.S.C., 40101–
40102, 40501–40503, 40701–40706, 41101–
41109, 46105.
13. Amend § 520.14 by revising the
last sentence of paragraph (c)(1) to read
as follows:
■
§ 520.14
Special permission.
*
*
*
*
(c) * * *
(1) * * * Every such application must
be submitted to the Bureau of Trade
Analysis and be accompanied by a filing
fee of $394.
*
*
*
*
*
PART 530—SERVICE CONTRACTS
14. The authority citation for part 530
is revised to read as follows:
■
Authority: 5 U.S.C. 553; 46 U.S.C., 40301–
40306, 40501–40503, 41307, 46105.
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General requirements.
*
*
*
*
(g) The filing fee is $3,980 for new
agreements and $4,637 for any
agreement modifications requiring
Commission review and action; $1,174
for agreements processed under
delegated authority (for types of
agreements that can be processed under
delegated authority, see § 501.27(e) of
this chapter); $343 for carrier exempt
agreements; and $96 for terminal
exempt agreements.
*
*
*
*
*
PART 540—PASSENGER VESSEL
FINANCIAL RESPONSIBILITY
18. The authority citation for part 540
is revised to read as follows:
■
Authority: 5 U.S.C. 552, 553; 31 U.S.C.
9701; 46 U.S.C., 44101–44106, 46105.
19. Amend § 540.4 by revising
paragraph (e) to read as follows:
■
*
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16. The authority citation for part 535
is revised to read as follows:
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§ 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 $4,936. An application for a
Certificate (Performance) for the
addition or substitution of a vessel to
the applicant’s fleet must be
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Fmt 4700
Sfmt 4700
accompanied by a filing fee remittance
of $2,400. Administrative changes, such
as the renaming of a vessel will not
incur any additional fees.
*
*
*
*
*
■ 20. Amend § 540.23 by revising the
last two sentences of paragraph (b) to
read as follows:
§ 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 $2,080. 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 $1,013.
*
*
*
*
*
PART 550—REGULATIONS TO
ADJUST OR MEET CONDITIONS
UNFAVORABLE TO SHIPPING IN THE
FOREIGN TRADE OF THE UNITED
STATES
21. The authority citation for part 550
continues to read as follows:
■
Authority: 5 U.S.C. 553; 46 U.S.C.; 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, 46101–46108.
22. Revise § 550.402 to read as
follows:
■
§ 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 $450 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
23. The authority citation for part 555
continues to read as follows:
■
Authority: 5 U.S.C. 553; sec. 10002 of the
Foreign Shipping Practices Act of 1988 (46
U.S.C. 42301–42307).
24. Amend § 555.4 by revising the last
sentence of paragraph (a) to read as
follows:
■
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§ 555.4
Petitions.
(a) * * * The petition must be
accompanied by remittance of a $450
filing fee.
*
*
*
*
*
PART 560—ACTIONS TO ADDRESS
CONDITIONS UNDULY IMPAIRING
ACCESS OF U.S.-FLAG VESSELS TO
OCEAN TRADE BETWEEN FOREIGN
PORTS
25. The authority citation for part 560
continues to read as follows:
■
Authority: 5 U.S.C. 553; secs. 13(b)(6), 15
and 17 of the Shipping Act of 1984, 46
U.S.C., 40104, and 41108(d); sec. 10002 of
the Foreign Shipping Practices Act of 1988
(46 U.S.C. 42301–42307), 46105.
26. Amend § 560.3 by revising the last
sentence of paragraph (a)(2) to read as
follows:
■
§ 560.3
Petitions for relief.
(a) * * *
(2) * * * The petition must be
accompanied by remittance of a $450
filing fee.
*
*
*
*
*
By the Commission.
William Cody,
Secretary.
[FR Doc. 2023–05764 Filed 3–20–23; 8:45 am]
BILLING CODE 6730–02–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 229
[Docket No. 230313–0073]
RIN 0648–BL30
List of Fisheries for 2023
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
The National Marine
Fisheries Service (NMFS) publishes its
final List of Fisheries (LOF) for 2023, as
required by the Marine Mammal
Protection Act (MMPA). The LOF for
2023 reflects new information on
interactions between commercial
fisheries and marine mammals. NMFS
must classify each commercial fishery
on the LOF into one of three categories
under the MMPA based upon the level
of mortality and serious injury of marine
mammals that occurs incidental to each
fishery. The classification of a fishery on
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
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16:41 Mar 20, 2023
Jkt 259001
the LOF determines whether
participants in that fishery are subject to
certain provisions of the MMPA, such as
registration, observer coverage, and take
reduction plan (TRP) requirements.
DATES: The effective date of this final
rule is April 20, 2023.
ADDRESSES: Chief, Marine Mammal and
Sea Turtle Conservation Division, Office
of Protected Resources, NMFS, 1315
East-West Highway, Silver Spring, MD
20910.
FOR FURTHER INFORMATION CONTACT:
Jaclyn Taylor, Office of Protected
Resources, 301–427–8402; Cheryl Cross,
Greater Atlantic Region, 978–281–9100;
Jessica Powell, Southeast Region, 727–
824–5312; Dan Lawson, West Coast
Region, 206–526–4740; Suzie Teerlink,
Alaska Region, 907–586–7240; Elena
Duke, Pacific Islands Region, 808–725–
5085. Individuals who use a
telecommunications device for the
hearing impaired may call the Federal
Information Relay Service at 1–800–
877–8339 between 8 a.m. and 4 p.m.
Eastern time, Monday through Friday,
excluding Federal holidays.
SUPPLEMENTARY INFORMATION:
What is the List of Fisheries?
Section 118 of the MMPA requires
NMFS to place all U.S. commercial
fisheries into one of 3 categories based
on the level of incidental mortality and
serious injury of marine mammals
occurring in each fishery (16 U.S.C.
1387(c)(1)). The classification of a
fishery on the LOF determines whether
participants in that fishery may be
required to comply with certain
provisions of the MMPA, such as
registration, observer coverage, and take
reduction plan requirements. NMFS
must reexamine the LOF annually,
considering new information in the
Marine Mammal Stock Assessment
Reports (SARs) and other relevant
sources, and publish in the Federal
Register any necessary changes to the
LOF after notice and opportunity for
public comment (16 U.S.C. 1387
(c)(1)(C)).
How does NMFS determine in which
category a fishery is placed?
The definitions for the fishery
classification criteria can be found in
the implementing regulations for section
118 of the MMPA (50 CFR 229.2). The
criteria are also summarized here.
Fishery Classification Criteria
The fishery classification criteria
consist of a two-tiered, stock-specific
approach that first addresses the total
impact of all fisheries on each marine
mammal stock and then addresses the
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16899
impact of individual fisheries on each
stock. This approach is based on
consideration of the rate, in numbers of
animals per year, of incidental
mortalities and serious injuries of
marine mammals due to commercial
fishing operations relative to the
potential biological removal (PBR) level
for each marine mammal stock. The
MMPA (16 U.S.C. 1362 (20)) defines the
PBR level as the maximum number of
animals, not including natural
mortalities, that may be removed from a
marine mammal stock, while allowing
that stock to reach or maintain its
optimum sustainable population. This
definition can also be found in the
implementing regulations for section
118 of the MMPA (50 CFR 229.2).
Tier 1: Tier 1 considers the
cumulative fishery mortality and serious
injury for a particular stock. If the total
annual mortality and serious injury of a
marine mammal stock, across all
fisheries, is less than or equal to 10
percent of the PBR level of the stock, all
fisheries interacting with the stock will
be placed in Category III (unless those
fisheries interact with other stock(s) for
which total annual mortality and
serious injury is greater than 10 percent
of PBR). Otherwise, these fisheries are
subject to the next tier (Tier 2) of
analysis to determine their
classification.
Tier 2: Tier 2 considers fisheryspecific mortality and serious injury for
a particular stock.
Category I: Annual mortality and
serious injury of a stock in a given
fishery is greater than or equal to 50
percent of the PBR level (i.e., frequent
incidental mortality and serious injury
of marine mammals).
Category II: Annual mortality and
serious injury of a stock in a given
fishery is greater than 1 percent and less
than 50 percent of the PBR level (i.e.,
occasional incidental mortality and
serious injury of marine mammals).
Category III: Annual mortality and
serious injury of a stock in a given
fishery is less than or equal to 1 percent
of the PBR level (i.e., a remote
likelihood of or no known incidental
mortality and serious injury of marine
mammals).
Additional details regarding how the
categories were determined are
provided in the preamble to the final
rule implementing section 118 of the
MMPA (60 FR 45086; August 30, 1995).
Because fisheries are classified on a
per-stock basis, a fishery may qualify as
one category for one marine mammal
stock and another category for a
different marine mammal stock. A
fishery is typically classified on the LOF
at its highest level of classification (e.g.,
E:\FR\FM\21MRR1.SGM
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Agencies
[Federal Register Volume 88, Number 54 (Tuesday, March 21, 2023)]
[Rules and Regulations]
[Pages 16894-16899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05764]
=======================================================================
-----------------------------------------------------------------------
FEDERAL MARITIME COMMISSION
46 CFR Parts 502, 503, 520, 530, 535, 540, 550, 555, and 560
[Docket No. FMC-2023-0009]
RIN 3072-AC96
Update of Existing FMC 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 direct final rule would increase some fees to
reflect increases in salaries of employees assigned to certain
[[Page 16895]]
fee-generating services. For one service, the rule would lower fees
because less-senior employees are assigned to the fee-generating
activity. No substantive changes to the underlying regulations are
included in this rulemaking; only changes to the user fee amounts.
DATES: The rule is effective without further action on June 5, 2023,
unless significant adverse comments are filed prior to April 20, 2023.
If significant adverse comments are received, the Commission will
publish a timely withdrawal of the rule in the Federal Register no
later than May 5, 2023.
ADDRESSES: You may submit comments by using the Federal eRulemaking
Portal at www.regulations.gov, under Docket No. FMC-2023-0009, Update
of Existing FMC User Fees Direct Final Rule. Please refer to the
``Public Participation'' heading under the SUPPLEMENTARY INFORMATION
section of this notice for detailed instructions on how to submit
comments, including instructions on how to request confidential
treatment and additional information on the rulemaking process.
FOR FURTHER INFORMATION CONTACT: William Cody, Secretary; Phone: (202)
523-5908; 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 (i.e., 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
2020. 85 FR 72574 (Nov. 13, 2020).
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 increased costs
relating to 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 one service, the
Commission is decreasing fees because less-senior employees are
assigned to the fee-generating activity. No substantive changes to the
underlying regulations are included in this rulemaking; only changes to
the user fee amounts.
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 2022 cost data. The
second document compares the current fee amounts established in 2020
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 significant changes in user
fees and changes that result in more than a 10 percent increase or
decrease to a particular fee.
1. General Increases
For the 2020 Direct Final Rule Updating User Fees, the Commission
used FY 2019 cost data, including FY 2019 salaries. Despite the fact
that the 2022 update to user fees is occurring two years later, the
Commission is using salary and cost data from FY 2022 to provide the
most precise estimate of costs associated with user fees consistent
with OMB Circular A-25. This three-year gap contributes to a
significant increase in fees. Further, during this three-year period,
inflation has raised salaries as well as overhead. Many of the fee
increases of more than 10 percent are simply due to updating fees to
reflect current costs.
2. Licensing, Registration, Financial Responsibility Requirements, and
General Duties for Ocean Transportation Intermediaries (Part 515)
When the Commission issued the last update to user fees in 2020,
the rule noted that the Commission was in the process of transitioning
from a paper application process to an electronic process for
processing Ocean Transportation Intermediary applications. The
Commission also noted that the fee for electronic applications was not
modified as the system was not operational, and the costs could not be
evaluated. See 85 FR 72574. The Commission has completed the migration
to an electronic application and now updates the user fees for Part 515
through this rule to reflect the true cost to the agency of providing
this service.
[[Page 16896]]
3. Clerical Errors on Service Contracts (Part 530)
The Commission has previously provided a service to the public of
correcting clerical or administrative errors with service contracts.
The Commission no longer provides this service. The Commission has set
the fee for this service at $0 and will address this regulation in a
future rule.
III. Public Participation
How do I prepare and submit comments?
You may submit comments by using the Federal eRulemaking Portal at
www.regulations.gov, under Docket No. FMC-2023-0009, Update of Existing
FMC User Fees Direct Final Rule. Please follow the instructions
provided on the Federal eRulemaking Portal to submit comments.
How do I submit confidential business information?
The Commission will provide confidential treatment for identified
confidential information to the extent allowed by law. If you would
like to request confidential treatment, pursuant to 46 CFR 502.5, you
must submit the following, by email, to [email protected]:
A transmittal letter 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 11:59
EST on the comment closing date indicated above under DATES. To the
extent possible, we will also consider comments received after that
date.
How can I read comments submitted by other people?
You may read the comments received by the Commission at
www.regulations.gov, under Docket No. FMC-2023-0009, Update of Existing
FMC User Fees Direct Final Rule.
IV. Rulemaking Analyses and Notices
Administrative Procedure Act
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
the need) that notice and public procedure are impracticable,
unnecessary, or contrary to the public interest. This rule updates the
user fee amounts for various services provided by the Commission based
on a review of the costs to provide these services. This rule makes no
substantive changes to the Commission's regulations nor does it 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 become effective on the date listed in the DATES
section unless the Commission receives significant adverse comments
within the specified period. The Commission recognizes that parties may
have information that could impact the Commission's views and
intentions with respect to the revised regulations, and the Commission
intends to consider any comments filed. The Commission will withdraw
the rule by the date specified in the DATES section if it receives
significant adverse comments.
We note that the scope of the rulemaking is limited to the amounts
charged for Commission services, and any 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 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: issuance, modification, denial and revocation
of ocean transportation intermediary licenses under part 515 (Sec.
504.4(a)(1)); certification of financial responsibility of passenger
vessels under part 540 (Sec. 504.4(a)(2)); promulgation of procedural
rules under part 502 (Sec. 504.4(a)(4)); receipt of service contracts
(Sec. 504.4(a)(5)); consideration of special permission applications
under part 520 (Sec. 504.4(a)(6)); consideration of agreements (Sec.
504.4(a)(9)-(13), (30)-(35)); action taken on special docket
applications
[[Page 16897]]
under Sec. 502.271 (Sec. 504.4(a)(19)); and action regarding access
to public information under part 503 (Sec. 504.4(a)(24)).
Executive Order 12988 (Civil Justice Reform)
This rule meets the applicable standards in E.O. 12988 titled,
``Civil Justice Reform,'' to minimize litigation, eliminate ambiguity,
and reduce burden.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521) requires
an agency to seek and receive approval from the Office of Management
and Budget (OMB) before collecting information from the public. 44
U.S.C. 3507. The agency must submit collections of information in rules
to OMB in conjunction with the publication of a rule. 5 CFR 1320.11.
This rule does not contain any collections of information as defined by
44. U.S.C. 3502(3) and 5 CFR 1320.3(c).
Regulation Identifier Number
The Commission assigns a regulation identifier number (RIN) to each
regulatory action listed in the Unified Agenda of Federal Regulatory
and Deregulatory Actions (Unified Agenda). The Regulatory Information
Service Center publishes the Unified Agenda in April and October of
each year. You may use the RIN contained in the heading at the
beginning of this document to find this action in the Unified Agenda,
available at https://www.reginfo.gov/public/do/eAgendaMain.
List of Subjects
46 CFR Part 502
Administrative practice and procedure, Claims, Equal access to
justice, Investigations, Lawyers, Maritime carriers, Penalties,
Reporting and recordkeeping requirements.
46 CFR Part 503
Classified information, Freedom of Information, Privacy, Sunshine
Act.
46 CFR Part 515
Licensing, Registration, and Surety bonds for Maritime carriers.
46 CFR Part 520
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, 515, 520, 530, 535, 540, 550, 555, and
560 as follows:
PART 502--RULES OF PRACTICE AND PROCEDURE
0
1. The authority citation for part 502 is revised to read as follows:
Authority: 5 U.S.C. 504, 551, 552, 553, 556(c), 559, 561-569,
571-584; 591-596; 18 U.S.C. 207; 28 U.S.C. 2112(a); 31 U.S.C. 9701;
46 U.S.C., 40103-40104, 40304, 40306, 40501-40503, 40701-40706,
41101-41109, 41301-41309, 44101-44106, 46105; 5 CFR part 2635.
0
2. Amend Sec. 502.62 by revising paragraph (a)(6) to read as follows:
Sec. 502.62 Private party complaints for formal adjudication.
(a) * * *
(6) Filing fee. The complaint must be accompanied by remittance of
a $387 filing fee.
* * * * *
0
3. Amend Sec. 502.93 by revising paragraph (a)(3) to read as follows:
Sec. 502.93 Declaratory orders and fee.
(a) * * *
(3) Petitions must be accompanied by remittance of a $450 filing
fee.
* * * * *
0
4. Amend Sec. 502.94 by revising paragraph (b) to read as follows:
Sec. 502.94 Petitions-general and fee.
* * * * *
(b) Petitions must be accompanied by remittance of a $450 filing
fee. [Rule 94.]
0
5. Amend Sec. 502.271 by revising paragraph (d)(5) to read as follows:
Sec. 502.271 Special docket application for permission to refund or
waive freight charges.
* * * * *
(d) * * *
(5) Applications must be accompanied by remittance of a $187 filing
fee.
* * * * *
0
6. Amend Sec. 502.304 by revising the last sentence of paragraph (b)
to read as follows:
Sec. 502.304 Procedure and filing fee.
* * * * *
(b) * * * Such claims must be accompanied by remittance of a $176
filing fee.
* * * * *
PART 503--PUBLIC INFORMATION
0
7. The authority citation for part 503 continues to read as follows:
Authority: 5 U.S.C. 3331, 552, 552a, 552b, 553; 31 U.S.C. 9701;
46 U.S.C. 46103; E.O. 13526 of January 5, 2010, 75 FR 707, 3 CFR,
2010 Comp., p. 298, sections 5.1(a) and (b).
0
8. Amend Sec. 503.50 by 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 $41 per hour and by professional/executive personnel at a
rate of $82 per hour.
(ii) Unless an exception provided in paragraph (b)(2) of this
section applies, the minimum charge for record search is $41.
(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 $109 per hour. * * *
(3) * * *
(i) * * *
(ii) By Commission personnel, at the rate of ten cents per page
(one side) plus $41 per hour.
(iii) Unless an exception provided in paragraph (b)(2) of this
section applies, the minimum charge for copying is $8.
* * * * *
(4) The certification and validation (with Federal Maritime
Commission seal) of documents filed with or issued by the Commission
will be available at $93 for each certification.
(d) Applications for admission to practice before the Commission
for
[[Page 16898]]
persons not attorneys at law must be accompanied by a fee of $195
pursuant to Sec. 502.27 of this chapter.
0
9. Amend Sec. 503.69 by revising paragraph (b)(2) to read as follows:
Sec. 503.69 Fees.
* * * * *
(b) * * *
(2) The certification and validation (with Federal Maritime
Commission seal) of documents filed with or issued by the Commission
will be available at $93 for each certification.
* * * * *
PART 515--LICENSING, REGISTRATION, FINANCIAL RESPONSIBILITY
REQUIREMENTS AND GENERAL DUTIES FOR OCEAN TRANSPORTATION
INTERMEDIARIES
0
10. The authority citation for part 515 is revised to read as follows:
Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 46 U.S.C. 40102,
40104, 40501-40503, 40901-40904, 41101-41109, 41301-41302, 41305-
41307, 46105; Pub. L. 105-383, 112 Stat. 3411; 21 U.S.C. 862.
0
11. Amend Sec. 515.5 by revising paragraphs (c)(2)(i) and (ii) to read
as follows:
Sec. 515.5 Forms and Fees.
* * * * *
(c) * * *
(2) * * *
(i) Application for new OTI license as required by Sec. 515.12(a):
Filing $1,304.
(ii) Application for change to OTI license or license transfer as
required by Sec. 515.20(a) and (b): Filing $943.
PART 520--CARRIER AUTOMATED TARIFFS
0
12. The authority citation for part 520 is revised to read as follows:
Authority: 5 U.S.C. 553; 46 U.S.C., 40101-40102, 40501-40503,
40701-40706, 41101-41109, 46105.
0
13. Amend Sec. 520.14 by revising the last sentence of paragraph
(c)(1) to read as follows:
Sec. 520.14 Special permission.
* * * * *
(c) * * *
(1) * * * Every such application must be submitted to the Bureau of
Trade Analysis and be accompanied by a filing fee of $394.
* * * * *
PART 530--SERVICE CONTRACTS
0
14. The authority citation for part 530 is revised to read as follows:
Authority: 5 U.S.C. 553; 46 U.S.C., 40301-40306, 40501-40503,
41307, 46105.
0
15. Amend Sec. 530.10 by revising paragraph (c) introductory text to
read as follows:
Sec. 530.10 Amendment, correction, cancellation, and electronic
transmission errors.
* * * * *
(c) Corrections. Requests shall be filed, in duplicate, with the
Commission's Office of the Secretary within one-hundred eighty (180)
days of the contract's filing with the Commission, accompanied by
remittance of a $0 service fee, and must include:
* * * * *
PART 535--OCEAN COMMON CARRIER AND MARINE TERMINAL OPERATOR
AGREEMENTS SUBJECT TO THE SHIPPING ACT OF 1984
0
16. The authority citation for part 535 is revised to read as follows:
Authority: 5 U.S.C. 553; 46 U.S.C., 40101-40104, 40301-40307,
40501-40503, 40901-40904, 41101-41109, 41301-41302, and 41305-41307,
46105.
0
17. Amend Sec. 535.401 by revising paragraph (g) to read as follows:
Sec. 535.401 General requirements.
* * * * *
(g) The filing fee is $3,980 for new agreements and $4,637 for any
agreement modifications requiring Commission review and action; $1,174
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); $343 for carrier exempt agreements; and $96
for terminal exempt agreements.
* * * * *
PART 540--PASSENGER VESSEL FINANCIAL RESPONSIBILITY
0
18. The authority citation for part 540 is revised to read as follows:
Authority: 5 U.S.C. 552, 553; 31 U.S.C. 9701; 46 U.S.C., 44101-
44106, 46105.
0
19. Amend Sec. 540.4 by revising paragraph (e) to read as follows:
Sec. 540.4 Procedure for establishing financial responsibility.
* * * * *
(e) An application for a Certificate (Performance), excluding an
application for the addition or substitution of a vessel to the
applicant's fleet, must be accompanied by a filing fee remittance of
$4,936. 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 $2,400. Administrative
changes, such as the renaming of a vessel will not incur any additional
fees.
* * * * *
0
20. Amend Sec. 540.23 by revising the last two sentences of paragraph
(b) to read as follows:
Sec. 540.23 Procedure for establishing financial responsibility.
* * * * *
(b) * * * An application for a Certificate (Casualty), excluding an
application for the addition or substitution of a vessel to the
applicant's fleet, must be accompanied by a filing fee remittance of
$2,080. 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 $1,013.
* * * * *
PART 550--REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO
SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES
0
21. The authority citation for part 550 continues to read as follows:
Authority: 5 U.S.C. 553; 46 U.S.C.; 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, 46101-46108.
0
22. 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 $450
filing fee.
PART 555--ACTIONS TO ADDRESS ADVERSE CONDITIONS AFFECTING U.S.-FLAG
CARRIERS THAT DO NOT EXIST FOR FOREIGN CARRIERS IN THE UNITED
STATES
0
23. The authority citation for part 555 continues to read as follows:
Authority: 5 U.S.C. 553; sec. 10002 of the Foreign Shipping
Practices Act of 1988 (46 U.S.C. 42301-42307).
0
24. Amend Sec. 555.4 by revising the last sentence of paragraph (a) to
read as follows:
[[Page 16899]]
Sec. 555.4 Petitions.
(a) * * * The petition must be accompanied by remittance of a $450
filing fee.
* * * * *
PART 560--ACTIONS TO ADDRESS CONDITIONS UNDULY IMPAIRING ACCESS OF
U.S.-FLAG VESSELS TO OCEAN TRADE BETWEEN FOREIGN PORTS
0
25. The authority citation for part 560 continues to read as follows:
Authority: 5 U.S.C. 553; secs. 13(b)(6), 15 and 17 of the
Shipping Act of 1984, 46 U.S.C., 40104, and 41108(d); sec. 10002 of
the Foreign Shipping Practices Act of 1988 (46 U.S.C. 42301-42307),
46105.
0
26. Amend Sec. 560.3 by revising the last sentence of paragraph (a)(2)
to read as follows:
Sec. 560.3 Petitions for relief.
(a) * * *
(2) * * * The petition must be accompanied by remittance of a $450
filing fee.
* * * * *
By the Commission.
William Cody,
Secretary.
[FR Doc. 2023-05764 Filed 3-20-23; 8:45 am]
BILLING CODE 6730-02-P