Update of Existing FMC User Fees, 16894-16899 [2023-05764]

Download as PDF 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). ddrumheller on DSK120RN23PROD with RULES1 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, VerDate Sep<11>2014 16:41 Mar 20, 2023 Jkt 259001 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. PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 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: E:\FR\FM\21MRR1.SGM 21MRR1 Federal Register / Vol. 88, No. 54 / Tuesday, March 21, 2023 / Rules and Regulations ddrumheller on DSK120RN23PROD with RULES1 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 VerDate Sep<11>2014 16:41 Mar 20, 2023 Jkt 259001 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. PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 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. E:\FR\FM\21MRR1.SGM 21MRR1 16896 Federal Register / Vol. 88, No. 54 / Tuesday, March 21, 2023 / Rules and Regulations 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. ddrumheller on DSK120RN23PROD with RULES1 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. VerDate Sep<11>2014 16:41 Mar 20, 2023 Jkt 259001 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 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 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 E:\FR\FM\21MRR1.SGM 21MRR1 Federal Register / Vol. 88, No. 54 / Tuesday, March 21, 2023 / Rules and Regulations 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. Jkt 259001 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 VerDate Sep<11>2014 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: PO 00000 Frm 00029 Fmt 4700 * * * * * (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. ddrumheller on DSK120RN23PROD with RULES1 Insurance, Maritime carriers, Penalties, Reporting and recordkeeping requirements, Surety bonds. 16897 Sfmt 4700 * * * * (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 E:\FR\FM\21MRR1.SGM 21MRR1 16898 Federal Register / Vol. 88, No. 54 / Tuesday, March 21, 2023 / Rules and Regulations 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. VerDate Sep<11>2014 16:41 Mar 20, 2023 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: ■ * ddrumheller on DSK120RN23PROD with RULES1 16. The authority citation for part 535 is revised to read as follows: Jkt 259001 § 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 PO 00000 Frm 00030 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: ■ E:\FR\FM\21MRR1.SGM 21MRR1 Federal Register / Vol. 88, No. 54 / Tuesday, March 21, 2023 / Rules and Regulations § 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: VerDate Sep<11>2014 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 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 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 21MRR1

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]


=======================================================================
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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.

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


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