[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Rules and Regulations]
[Pages 954-965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-52]


[[Page Unknown]]

[Federal Register: January 7, 1994]


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FEDERAL MARITIME COMMISSION

46 CFR Part 501

 

The Federal Maritime Commission--General

AGENCY: Federal Maritime Commission.

ACTION: Final rule.

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SUMMARY: The Federal Maritime Commission is revising its statement of 
organization and functions, delegations and other procedures, and 
incorporating it in the CFR. This provides a current statement which 
includes all previously published items and preserves it in the CFR for 
easier public access.

EFFECTIVE DATE: January 7, 1994.

FOR FURTHER INFORMATION CONTACT: Joseph C. Polking, Secretary Federal 
Maritime Commission 800 N. Capitol St., NW. Washington, DC 20573 (202) 
523-5725.

SUPPLEMENTARY INFORMATION: The Federal Maritime Commission is revising 
the official description of its organization, functions, delegations, 
and other procedures, and incorporating it in part 501 of title 46, 
Code of Federal Regulations.
    Notice and public procedure are not necessary prior to the issuance 
of this rule because it deals solely with matters of agency 
organization and procedure. Neither is a delayed effective date 
required. 5 U.S.C. 553.

List of Subjects in 46 CFR Part 501

    Administrative practice and procedure; Authority delegations; 
Organization and functions; Seals and insignia.

    Therefore, pursuant to 5 U.S.C. 551-557, 701-706, 2903 and 6304; 31 
U.S.C. 3721; 41 U.S.C. 414 and 418; 44 U.S.C. 501-520 and 3501-3520; 46 
U.S.C. app. 801-848, 876, 1111 and 1701-1720; Reorganization Plan No. 7 
of 1961, 26 FR 7315, August 12, 1961; Pub. L. 89-56, 79 Stat. 195; and 
5 CFR part 2638: Part 501 of title 46 of the CFR is revised to read as 
follows:

PART 501--THE FEDERAL MARITIME COMMISSION--GENERAL

Subpart A--Organization and Functions

Sec.
501.1  Purpose.
501.2  General.
501.3  Organizational components of the Federal Maritime Commission.
501.4  Lines of responsibility.
501.5  Functions of the organizational components of the Federal 
Maritime Commission.

Subpart B--Official Seal

501.11  Official seal.

Subpart C--Delegation and Redelegation of Authorities

501.21  Delegation of authorities.
501.22  [Reserved]
501.23  Delegation to the General Counsel.
501.24  Delegation to the Secretary.
501.25  Delegation to the Managing Director.
501.26  Delegation to the Director, Bureau of Trade Monitoring and 
Analysis.
501.27  Delegation to and redelegation by the Director, Bureau of 
Tariffs, Certification and Licensing.
501.28  Delegation to the Director, Bureau of Hearing Counsel.
501.29  [Reserved]
501.30  Delegation to and redelegation by the Director, Bureau of 
Administration.
501.31  Delegation to the Director, Bureau of Investigations.

Subpart D--Public Requests for Information

501.41  Public requests for information and decisions.

Appendix A to Part 501--Organization Chart

    Authority: 5 U.S.C. 551-557, 701-706, 2903 and 6304; 31 U.S.C. 
3721; 41 U.S.C. 414 and 418; 44 U.S.C. 501-520 and 3501-3520; 46 
U.S.C. app. 801-848, 876, 1111, and 1701-1720; Reorganization Plan 
No. 7 of 1961, 26 FR 7315, August 12, 1961; Pub. L. 89-56, 79 Stat. 
195; 5 CFR Part 2638.

Subpart A--Organization and Functions


Sec. 501.1  Purpose.

    This part describes the organization, functions and Official Seal 
of, and the delegation of authority within, the Federal Maritime 
Commission (``Commission'').


Sec. 501.2  General.

    (a) Statutory functions. The Commission regulates common carriers 
by water and other persons involved in the foreign and domestic 
offshore commerce of the U.S. under provisions of the Shipping Act, 
1916, (46 U.S.C. app. 801-842); the Intercoastal Shipping Act, 1933 (46 
U.S.C. app. 843-848); the Shipping Act of 1984 (46 U.S.C. app. 1701-
1720); section 19 of the Merchant Marine Act, 1920 (46 U.S.C. app. 
876); the Foreign Shipping Practices Act of 1988 (46 U.S.C. app. 
1710a); sections 2 and 3, Public Law 89-777, Financial Responsibility 
for Death or Injury to Passengers and for Non-Performance of Voyages 
(46 U.S.C. app. 817d and 817e); and other applicable statutes.
    (b) Establishment and composition of the Commission. The Commission 
was established as an independent agency by Reorganization Plan No. 7 
of 1961, effective August 12, 1961, and is composed of five 
Commissioners (``Commissioners'' or ``members''), appointed by the 
President, by and with the advice and consent of the Senate. Not more 
than three Commissioners may be appointed from the same political 
party. The President designates one of the Commissioners to be the 
Chairman of the Commission (``Chairman'').
    (c) Terms and vacancies. The term of each member of the Commission 
is 5 years and begins when the term of the predecessor of that member 
ends (i.e., on June 30 of each successive year), except that, when the 
term of office of a member ends, the member may continue to serve until 
a successor is appointed and qualified. A vacancy in the office of any 
Commissioner shall be filled in the same manner as the original 
appointment, except that any person chosen to fill a vacancy shall be 
appointed only for the unexpired term of the Commissioner whom he or 
she succeeds. Each Commissioner shall be removable by the President for 
inefficiency, neglect of duty, or malfeasance in office.
    (d) Quorum. A vacancy in the Commission, so long as there shall be 
three Commissioners in office, shall not impair the power of the 
Commission to execute its functions. Any three Commissioners in office 
constitute a quorum for the transaction of the business of the 
Commission, and the affirmative votes of any three Commissioners shall 
be sufficient for the disposition of any matter which may come before 
the Commission. For purposes of holding a formal meeting for the 
transaction of the business of the Commission, the actual presence of 
two Commissioners shall be sufficient, with proxy votes of absent 
members permitted in order to obtain the required three affirmative 
votes. See Commission Order No. 84.
    (e) Meetings; records; rules and regulations. The Commission shall, 
through its Secretary, keep a true record of all its meetings and the 
yea-and-nay votes taken therein on every action and order approved or 
disapproved by the Commission. In addition to or in aid of its 
functions, the Commission adopts rules and regulations in regard to its 
powers, duties and functions under the shipping statutes it 
administers.


Sec. 501.3  Organizational components of the Federal Maritime 
Commission.

    The major organizational components of the Commission are set forth 
in the Organization Chart attached as Appendix A to this part. An 
outline table of the components/functions follows:
(a) Office of the Chairman of the Federal Maritime Commission.
    (Chief Executive and Administrative Officer, and FOIA and Privacy 
Act Appeals Officer.)
    (1) Information Security Officer.
    (2) Designated Agency Ethics Official.
(b) Offices of the Members of the Federal Maritime Commission. (Include 
the Chairman, ADP Committee.)
(c) Office of the Secretary. (FOIA and Privacy Act Officer; Federal 
Register Liaison; Alternative Disputes Resolution Coordinator.)
    (1) Office of Informal Inquiries, Complaints and Informal Dockets.
(d) Office of the General Counsel. (Ethics Official.)
(e) Office of Administrative Law Judges.
(f) Office of Equal Employment Opportunity.
(g) Office of the Inspector General.
(h) Office of the Managing Director. (Chief Operating Officer; Senior 
IRM Official; Senior Procurement Executive and ATFI Contracting 
Officer; Audit Followup and Management Controls.)
(i) Bureau of Trade Monitoring and Analysis.
    (1) Office of Agreements and Information Management.
    (2) Office of Monitoring I.
    (3) Office of Monitoring II.
(j) Bureau of Tariffs, Certification and Licensing.
    (1) Office of Tariffs.
    (2) Tariff Control Center.
    (3) Office of Service Contracts and Passenger Vessel Operations.
    (4) Office of Freight Forwarders.
(k) Bureau of Hearing Counsel.
(l) Bureau of Investigations; District Offices.
    (1) New York District
    (2) New Orleans District
    (3) Miami District
    (4) San Francisco District
    (5) Los Angeles District
    (6) Puerto Rico District
    (7) Houston District
(m) Bureau of Administration. (Competition Advocate; Information 
Security; Principal Management Official on Small Agency Council.)
    (1) Office of Administrative Services. (Physical Security; FMC 
Contracting Officer.)
    (2) Office of Budget and Financial Management. (Chief Financial 
Officer.)
    (3) Office of Personnel.
    (4) Office of Information Resources Management. (IRM Manager; 
Computer Security; Forms Control; Records Management.)
(n) Boards and Committees.
    (1) Executive Resources Board.
    (2) Committee on Automated Data Processing.
    (3) Performance Review Board.
    (4) Incentive Awards Committee.


Sec. 501.4  Lines of responsibility.

    (a) Chairman. The Office of the Secretary, the Office of the 
General Counsel, the Office of Administrative Law Judges, the Office of 
Equal Employment Opportunity, the Office of the Inspector General, the 
Office of the Managing Director, and officials performing the functions 
of Information Security Officer and Designated Agency Ethics Official, 
report to the Chairman of the Commission.
    (b) Office of the Managing Director. The Bureau of Trade Monitoring 
and Analysis; Bureau of Tariffs, Certification and Licensing; Bureau of 
Hearing Counsel; Bureau of Administration; and Bureau of Investigations 
report to the Office of the Managing Director. The Offices of Equal 
Employment Opportunity and of the Inspector General receive 
administrative assistance from the Managing Director. All other units 
of the Commission receive administrative guidance from the Managing 
Director.
    (c) Bureau of Investigations and District Offices. The District 
Offices report to the Director, Bureau of Investigations.


Sec. 501.5  Functions of the organizational components of the Federal 
Maritime Commission.

    As further provided in subpart C of this part, the functions, 
including the delegated authority of the Commission's organizational 
components and/or officials to exercise their functions and to take all 
actions necessary to direct and carry out their assigned duties and 
responsibilities under the lines of responsibility set forth in 
Sec. 501.4, are briefly set forth as follows:
    (a) Chairman. As the chief executive and administrative officer of 
the Commission, the Chairman presides at meetings of the Commission, 
administers the policies of the Commission to its responsible 
officials, and assures the efficient discharge of their 
responsibilities. The Chairman provides management direction to the 
Offices of Equal Employment Opportunity, Inspector General, Secretary, 
General Counsel, Administrative Law Judges, and Managing Director with 
respect to all matters concerning overall Commission workflow, resource 
allocation (both staff and budgetary), work priorities and similar 
managerial matters; and establishes, as necessary, various committees 
and boards to address overall operations of the agency. The Chairman 
serves as appeals officer under both the Freedom of Information Act and 
the Privacy Act. The Chairman appoints the heads of major 
administrative units after consultation with other Commissioners. In 
addition, the Chairman, as ``head of the agency,'' has certain 
responsibilities under Federal laws and directives not specifically 
related to shipping. For example, the special offices or officers 
within the Commission, listed under paragraphs (a)(1) through (a)(4) of 
this section, are appointed or designated by the Chairman, are under 
his or her direct supervision and report directly to the Chairman:
    (1) Under the direction and management of the Office Director, the 
Office of Equal Employment Opportunity (``EEO'') ensures that statutory 
and regulatory prohibitions against discrimination in employment and 
the requirements for related programs are fully implemented. As such, 
the Office administers and implements comprehensive programs on 
discrimination complaints processing, affirmative action and special 
emphasis. The Director, EEO, advises the Chairman regarding EEO's 
plans, procedures, regulations, reports and other matters pertaining to 
policy and the agency programs. Additionally, the Director provides 
leadership and advice to managers and supervisors in carrying out their 
respective responsibilities in equal employment opportunity. The Office 
administers and implements these program responsibilities in accordance 
with Equal Employment Commission (``EEOC'') Regulations at 29 CFR part 
1614 and other relevant EEOC Directives and Bulletins.
    (2) Under the direction and management of the Inspector General, 
the Office of Inspector General conducts, supervises and coordinates 
audits and investigations relating to the programs and operations of 
the Commission; reviews existing and proposed legislation and 
regulations pertaining to such programs and operations; provides 
leadership and coordination and recommends policies for activities 
designed to promote economy, efficiency, and effectiveness in the 
administration of, and to prevent and detect waste, fraud and abuse in, 
such programs and operations; and advises the Chairman and the Congress 
fully and currently about problems and deficiencies relating to the 
administration of such programs and operations and the necessity for 
and progress of corrective action.
    (3) The Information Security Officer is a senior agency official 
designated under Sec. 503.52 of this chapter to direct and administer 
the Commission's information security program, which includes an active 
oversight and security education program to ensure effective 
implementation of Executive Order 12356.
    (4) The Designated Agency Ethics Official and Alternate are 
appropriate agency employees formally designated under 5 CFR 2638.202 
and Sec. 500.105 of this chapter to coordinate and manage the ethics 
program as set forth in 5 CFR 2638.203, which includes the functions of 
advising on matters of employee responsibilities and conduct under part 
500 of this chapter, and serving as the Commission's designee(s) to the 
Office of Personnel Management on such matters. They provide counseling 
and guidance to employees on conflicts of interest and other ethical 
matters.
    (b) Commissioners. The members of the Commission, including the 
Chairman, implement various shipping statutes and related directives by 
rendering decisions, issuing orders, and adopting and enforcing rules 
and regulations governing persons subject to the shipping statutes; and 
perform other duties and functions as may be appropriate under 
reorganization plans, statutes, executive orders, and regulations.
    (c) Secretary. Under the direction and management of the Secretary, 
the Office of the Secretary:
    (1) Is responsible for the preparation, maintenance and disposition 
of the official files and records documenting the business of the 
Commission. In this regard, the Office:
    (i) Prepares and, as appropriate, publishes agenda of matters for 
action by the Commission, prepares and maintains the minutes with 
respect to such actions; signs, serves and issues, on behalf of the 
Commission, documents implementing such actions, and coordinates 
follow-up thereon.
    (ii) Receives and processes formal and informal complaints 
involving alleged statutory violations, petitions for relief, special 
dockets applications (including the issuance of decisions therein), 
applications to correct clerical or administrative errors in service 
contracts, requests for conciliation service, staff recommendations for 
investigation and rulemaking proceedings, and motions and filings 
relating thereto.
    (iii) Disseminates information regarding the proceedings, 
activities, functions, and responsibilities of the Commission to the 
maritime industry, news media, general public, and other government 
agencies. In this capacity the Office also:
    (A) Administers the Commission's Freedom of Information Act, 
Privacy Act and Government in the Sunshine Act responsibilities; the 
Secretary serves as the Freedom of Information Act and Privacy Act 
Officer.
    (B) Authenticates records of the Commission.
    (C) Receives and responds to subpoenas directed to Commission 
personnel and/or records.
    (D) Compiles and publishes the bound volumes of Commission 
decisions.
    (E) Coordinates publication of documents, including rules and 
modifications thereto with the Office of the Federal Register; the 
Secretary serves as the Federal Register Liaison Officer and Certifying 
Officer.
    (2) Through the Secretary and, in the absence or preoccupation of 
the Secretary, through the Assistant Secretary, administers oaths 
pursuant to 5 U.S.C. 2903(b).
    (3) Coordinates Alternative Dispute Resolution activities within 
the Commission.
    (4) Through the Office of Informal Inquiries, Complaints and 
Informal Dockets:
    (i) Advises the Commission on significant public interest issues in 
current and proposed policies, programs, and decisions;
    (ii) Receives, coordinates, and responds to informal inquiries, 
complaints, suggestions, and expressions of concern from the public and 
contacts carriers, conferences, and other persons to effect solutions;
    (iii) Publicizes Commission policies, programs, and activities of 
interest to the Commission's shipping public; and
    (iv) Adjudicates small claims ($10,000 or less) arising from 
alleged violations of the shipping statutes.
    (d) General Counsel. Under the direction and management of the 
General Counsel, the Office of the General Counsel:
    (1) Reviews for legal sufficiency all staff memoranda and 
recommendations that are presented for Commission action and staff 
actions acted upon pursuant to delegated authority under 
Secs. 501.26(i) and 501.26(k).
    (2) Provides written or oral legal opinions to the Commission, to 
the staff, and to the general public in appropriate cases.
    (3) Prepares and/or reviews for legal sufficiency, before service, 
all final Commission decisions, orders, and regulations.
    (4) Monitors, reviews and, as requested by the Committees of the 
Congress, the Office of Management and Budget, or the Chairman, 
prepares comments on all legislation introduced in the Congress 
affecting the Commission's programs or activities, and prepares draft 
legislation or amendments to legislation; coordinates such matters with 
the appropriate Bureau, Office or official and advises appropriate 
Commission officials of legislation which may impact the programs and 
activities of the Commission. Also prepares testimony for Congressional 
hearings and responses to requests from Congressional offices.
    (5) Serves as the legal representative of the Commission in courts 
and in administrative proceedings before other Government agencies.
    (6) Monitors and reports on international maritime developments, 
including laws and practices of foreign governments which affect ocean 
shipping; and identifies potential state-controlled carriers within the 
meaning of section 3(8) of the Shipping Act of 1984, researches their 
status, and makes recommendations to the Commission concerning their 
classification.
    (7) Represents the Commission in U.S. Government interagency groups 
dealing with international maritime issues; serves as a technical 
advisor on regulatory matters in bilateral and multilateral maritime 
discussions; and coordinates Commission activities through liaison with 
other Government agencies and programs and international organizations.
    (8) Screens, routes, and maintains custody of U.S. Government and 
international organization documents, subject to the classification and 
safekeeping controls administered by the Commission's Information 
Security Officer.
    (9) Reviews for legal sufficiency all adverse personnel actions, 
procurement activities, Freedom of Information Act and Privacy Act 
matters and other administrative actions.
    (10) Manages the Commission's library and related services.
    (e) Administrative Law Judges. Under the direction and management 
of the Chief Administrative Law Judge, the Office of Administrative Law 
Judges holds hearings and renders initial or recommended decisions in 
formal rulemaking and adjudicatory proceedings as provided in the 
Shipping Act, 1916, Shipping Act of 1984, and other applicable laws and 
other matters assigned by the Commission, in accordance with the 
Administrative Procedure Act and the Commission's Rules of Practice and 
Procedure.
    (f) The Office of the Managing Director. (1) The Managing Director:
    (i) As senior staff official, is responsible to the Chairman for 
the management and coordination of Commission programs managed by the 
operating Bureaus of Investigations; Hearing Counsel; Administration; 
Trade Monitoring and Analysis; and Tariffs, Certification and 
Licensing, as more fully described in paragraphs (g) through (k) of 
this section, and thereby implements the regulatory policies of the 
Commission and the administrative policies and directives of the 
Chairman;
    (ii) Provides administrative guidance to all units of the 
Commission other than the operating bureaus listed in paragraph (f)(1) 
of this section, except the Offices of Equal Employment Opportunity and 
the Inspector General, which are provided administrative assistance;
    (iii) Is the agency's Senior Procurement Executive under 41 U.S.C. 
414(3) and Commission Order No. 112;
    (iv) As the Designated Senior Information Resources Management 
Official under 44 U.S.C. 501-520 and 3501-3520 and Commission Order No. 
117, reviews recommendations of the Commission's Committee on Automated 
Data Processing and submits them to the Chairman under Commission 
Orders Nos. 98 and 117;
    (v) Is the Audit Follow-up and Management (Internal) Controls 
Official for the Commission under Commission Orders Nos. 103 and 106; 
and
    (vi) Is the agency's Chief Operating Officer, as appointed by the 
Chairman in response to the President's October 1, 1993, memorandum on 
management reform.
    (2) The Office of Managing Director ensures the periodic review and 
updating of Commission orders.
    (3) A Deputy Managing Director, reporting directly to the Managing 
Director, supervises the development of, and serves as Contracting 
Officer for, the Commission's Automated Tariff Filing and Information 
(``ATFI'') System.
    (g) Bureau of Trade Monitoring and Analysis. Under the direction 
and management of the Bureau Director, the Bureau of Trade Monitoring 
and Analysis develops and administers programs in connection with the 
anticompetitive and cooperative arrangements and practices of common 
carriers by water, freight forwarders and terminal operators in the 
foreign and domestic commerce of the U.S., including the filing of 
common carrier agreements under section 15 of the Shipping Act, 1916, 
ocean common carrier agreements under section 5 of the Shipping Act of 
1984, and the filing of agreements by marine terminal operators under 
section 15 of the Shipping Act, 1916, and section 5 of the Shipping Act 
of 1984. The Bureau provides expert economic testimony and support in 
formal proceedings, particularly regarding unfair foreign shipping 
practices under section 19 of the Merchant Marine Act, 1920, the 
Foreign Shipping Practices Act of 1988, and domestic offshore rate-of-
return cases under the Intercoastal Shipping Act, 1933.
    (h) Bureau of Tariffs, Certification and Licensing. Under the 
direction and management of the Bureau Director, the Bureau of Tariffs, 
Certification and Licensing plans, develops and administers programs in 
connection with tariffs filed by common carriers and marine terminal 
operators; ocean common carrier service contracts; financial 
responsibility of non-vessel operating common carriers; licensing ocean 
freight forwarders; certifying the financial responsibility of 
passenger vessel owners and operators; and financial reporting by ocean 
common carriers in the domestic offshore trades. These programs carry 
out provisions of the Shipping Act, 1916; the Intercoastal Shipping 
Act, 1933; the Shipping Act of 1984; and Pub. L. 89-777, as implemented 
under Parts 510, 514, 515, 540, 550, 552, 580, 581, 582, and 583 of 
this chapter. The Bureau maintains tariff data filed in electronic form 
on the Commission's Automated Tariff Filing and Information System 
(``ATFI''). The Bureau develops long-range plans, new or revised 
policies and standards, and rules and regulations with respect to these 
programs. It also cooperates with other Commission components with 
regard to the enforcement of the Commission's regulatory requirements, 
and provides expert testimony and support in formal proceedings. The 
Bureau's program activities are carried out by the Office of Tariffs, 
the Office of Service Contracts and Passenger Vessel Operations and the 
Office of Freight Forwarders.
    (i) Bureau of Hearing Counsel. Under the direction and management 
of the Bureau Director, the Bureau of Hearing Counsel:
    (1) Participates as trial counsel in formal Commission proceedings 
when designated by Commission order, or when intervention is granted;
    (2) Initiates, processes and negotiates the informal compromise of 
civil penalties under Sec. 501.28 of this part and Sec. 502.604 of this 
chapter, and represents the Commission in proceedings and circumstances 
as designated;
    (3) Acts as staff counsel to the Managing Director and other 
bureaus and offices; and
    (4) Coordinates with the Bureau of Investigations and other bureaus 
to provide legal advice, attorney liaison, and prosecution, as 
warranted, in connection with field investigations and other 
enforcement matters.
    (j) Bureau of Investigations; District Offices. (1) The mission of 
the Bureau of Investigations is to secure compliance with the shipping 
statutes. To fulfill this mission, the Bureau, under the direction and 
management of the Bureau Director and through its offices located in 
key locations throughout the United States, conducts investigations 
leading to enforcement action, advises the Federal Maritime Commission 
of evolving competitive practices in international and domestic 
offshore commerce, assesses the practical repercussions of Commission 
regulations, educates the industry regarding policy and statutory 
requirements, assists in the resolution of disputes within the 
industry, and provides liaison, cooperation, and other coordination 
between the Commission and the maritime industry, shippers, and other 
government agencies.
    (2) The activities performed by the District Offices, under the 
direction and management of their respective Office Directors, include 
the following:
    (i) Representing the Commission within their respective geographic 
areas;
    (ii) Providing liaison between the Commission and the shipping 
industry and interested public; conveying pertinent information 
regarding regulatory activities and problems; and recommending courses 
of action and solutions to problems as they relate to the shipping 
public, the affected industry, and the Commission;
    (iii) Furnishing to interested persons information, advice, and 
access to Commission public documents;
    (iv) Receiving and resolving informal complaints, in coordination 
with the Director, Office of Informal Inquiries, Complaints and 
Informal Dockets;
    (v) Investigating potential violations of the shipping statutes and 
the Commission's regulations;
    (vi) Conducting shipping industry surveillance programs to ensure 
compliance with the shipping statutes and Commission regulations. Such 
programs include common carrier audits, service contract audits and 
compliance checks of ocean freight forwarders;
    (vii) Upon request of the Bureau of Tariffs, Certification and 
Licensing, auditing passenger vessel operators to determine the 
adequacy of performance bonds and the availability of funds to pay 
liability claims for death or injury, and assisting in the background 
surveys of ocean freight forwarder applicants;
    (viii) Conducting special surveys and studies, and recommending 
policies to strengthen enforcement of the shipping laws;
    (ix) Maintaining liaison with Federal and State agencies with 
respect to areas of mutual concern; and
    (x) Providing assistance to the various bureaus and offices of the 
Commission as appropriate and when requested.
    (k) Bureau of Administration. Under the direction and management of 
the Bureau Director, the Bureau of Administration is responsible for 
the administration and coordination of the Offices of: Administrative 
Services; Budget and Financial Management; Information Resources 
Management; and Personnel. The Bureau provides administrative support 
to the program operations of the Commission. The Bureau interprets 
governmental policies and programs and administers these in a manner 
consistent with Federal guidelines, including those involving 
information management, procurement, financial management and 
personnel. The Bureau initiates recommendations, collaborating with 
other elements of the Commission as warranted, for long-range plans, 
new or revised policies and standards, and rules and regulations, with 
respect to its program activities. The Office of the Bureau Director is 
responsible for directing and administering the Commission's training 
and development function. The Bureau Director is the Commission's 
Competition Advocate under 41 U.S.C. 418(a) and Commission Order No. 
112, as well as the Commission's representative, as Principal 
Management Official, to the Small Agency Council. Other Bureau programs 
are carried out by its Offices, as follows:
    (1) The Office of Administrative Services, under the direction and 
management of the Office Director, directs and administers a variety of 
management support service functions of the Commission. The Director of 
the Office is the Commission's principal Contracting Officer under 
Commission Order No. 112. Programs include communications; audio and 
voice telecommunications; procurement of and contracting for 
administrative goods and services, including the utilization of small 
and disadvantaged businesses; management of property, space, printing 
and copying; mail and records services; forms and graphic designs; 
facilities and equipment maintenance; and transportation.
    (2) The Office of Budget and Financial Management, under the 
direction and management of the Office Director, administers the 
Commission's financial management program, including fiscal accounting 
activities, fee and forfeiture collections, and payments, and ensures 
that Commission obligations and expenditures of appropriated funds are 
proper; develops annual budget justifications for submission to the 
Congress and the Office of Management and Budget; develops and 
administers internal controls systems that provide accountability for 
agency funds; administers the Commission's travel and cash management 
programs, as well as the Commission's Imprest Funds; ensures 
accountability for official passports; and assists in the development 
of proper levels of user fees. The Director of the Office is the 
Commission's Chief Financial Officer.
    (3) Under the direction and management of the Office Director, the 
Office of Information Resources Management's major function is to 
administer the information resources management program under the 
Paperwork Reduction Act. Other functions include: Management studies 
and surveys; data telecommunications/database management and 
application development; records management; IRM contract 
administration; and development of Paperwork Reduction Act clearances 
for submission to the Office of Management and Budget. The Office is 
also responsible for the computer security and records and forms 
management programs. The Director of the Office serves as IRM Manager, 
Forms Control Officer, Computer Security Officer, Records Management 
Officer, and ADP Coordinator for the Committee on Automated Data 
Processing.
    (4) The Office of Personnel, under the direction and management of 
the Office Director, plans and administers a complete personnel 
management program including: Recruitment and placement; position 
classification and pay administration; occupational safety and health; 
employee counseling services; employee relations; workforce discipline; 
performance appraisal; incentive awards; retirement; and personnel 
security. The Director of the Office is the Chairman of the Incentive 
Awards Committee.
    (l) Boards and Committees. The following boards and committees are 
established by separate Commission orders (``C.O.'') to address matters 
relating to the overall operations of the Commission:
    (1) The Executive Resources Board is comprised of three voting 
members, chosen from the ranks of those above the grade 15 level, with 
the majority being career members of the Senior Executive Service. The 
members serve staggered terms of three years, beginning October 1 of 
each year; the member serving in the last year of his/her term serves 
as Chairman. The board meets on an ad hoc basis to discuss, develop and 
submit recommendations to the Chairman on matters related to the merit 
staffing process for career appointments in the Senior Executive 
Service, including the executive qualifications of candidates for 
career appointment. The board also plans and manages the Commission's 
executive development programs. Serving the board in a non-voting 
advisory capacity are the Director, Office of Equal Employment 
Opportunity, the Training Officer, and the Director, Office of 
Personnel, who also serves as the board's secretary. C.O. No. 95.
    (2) The Committee on Automated Data Processing is chaired by a 
Commissioner designated by the Chairman, and is comprised of the 
Directors of the Bureaus of Trade Monitoring and Analysis; Tariffs, 
Certification and Licensing; Administration; Hearing Counsel; and 
Investigations; the General Counsel; the Secretary; the Inspector 
General; the Director, Office of Equal Employment Opportunity; the 
Chief Administrative Law Judge; a representative from the Chairman's 
office; the Deputy Managing Director in charge of the Commission's 
Automated Tariff Filing and Information System; and the Director, 
Office of Information Resources Management, who serves as Committee 
Coordinator for the Committee Chairperson. The Committee meets on an ad 
hoc basis to review, evaluate and recommend to the Chairman, through 
the Managing Director, policies and actions on the acquisition, 
management and use of ADP equipment and services. C.O. No. 98.
    (3) The Performance Review Board is chaired by a Commissioner 
designated by the Chairman, and is composed of a standing register of 
members which is published in the Federal Register. Once a year, the 
PRB Chairman appoints performance review panels from the membership to 
review individual performance appraisals and other relevant information 
pertaining to Senior Executives at the Commission, and to recommend 
final performance ratings to the Chairman. C.O. No. 115.
    (4) The Incentive Awards Committee is composed of two permanent 
voting members: The Director of Personnel, who serves as Chairman; and 
the Director of Equal Employment Opportunity; and two other voting 
members approved by the Chairman upon the recommendation of the 
Managing Director. The committee meets on an ad hoc basis to determine 
if incentive award nominations meet established criteria, and to review 
suggestions. C.O. No. 62.

Subpart B--Official Seal


Sec. 501.11  Official seal.

    (a) Description. Pursuant to section 201 (c) of the Merchant Marine 
Act, 1936, as amended (46 U.S.C. app. 1111(c)), the Commission 
prescribes its official seal, as adopted by the Commission on August 
14, 1961, which shall be judicially noticed. The design of the official 
seal is described as follows:
    (1) A shield argent paly of six gules, a chief azure charged with a 
fouled anchor or; shield and anchor outlined of the third; on a wreath 
argent and gules, an eagle displayed proper; all on a gold disc within 
a blue border, encircled by a gold rope outlined in blue, and bearing 
in white letters the inscription ``Federal Maritime Commission'' in 
upper portion and ``1961'' in lower portion.
    (2) The shield and eagle above it are associated with the United 
States of America and denote the national scope of maritime affairs. 
The outer rope and fouled anchor are symbolic of seamen and waterborne 
transportation. The date ``1961'' has historical significance, 
indicating the year in which the Commission was created.
    (b) Design.

TR07JA94.006

Subpart C--Delegation and Redelegation of Authorities


Sec. 501.21  Delegation of authorities.

    (a) Authority and delegation. Section 105 of Reorganization Plan 
No. 7 of 1961, August 12, 1961, authorizes the Commission to delegate, 
by published order or rule, any of its functions to a division of the 
Commission, an individual Commissioner, an administrative law judge, or 
an employee or employee board, including functions with respect to 
hearing, determining, ordering, certifying, reporting or otherwise 
acting as to any work, business or matter. In subpart A of this part, 
the Commission has delegated general functions, and in this subpart C, 
it is delegating miscellaneous, specific authorities set forth in 
Secs. 501.23, et seq., to the delegatees designated therein, subject to 
the limitations prescribed in subsequent subsections of this section.
    (b) Deputies. Where bureau or office deputies are officially 
appointed, they are hereby delegated all necessary authority to act in 
the absence or incapacity of the director or chief.
    (c) Redelegation. Subject to the limitations in this section, the 
delegatees may redelegate their authorities to subordinate personnel 
under their supervision and direction; but only if this subpart is 
amended to reflect such redelegation and notice thereof is published in 
the Federal Register. Under any redelegated authority, the redelegator 
assumes full responsibility for actions taken by subordinate 
redelegatees.
    (d) Exercise of authority; policy and procedure. The delegatees and 
redelegatees shall exercise the authorities delegated or redelegated in 
a manner consistent with applicable laws and the established policies 
of the Commission, and shall consult with the General Counsel where 
appropriate.
    (e) Exercise of delegated authority by delegator. Under any 
authority delegated or redelegated, the delegator (Commission), or the 
redelegator, respectively, shall retain full rights to exercise the 
authority in the first instance.
    (f) Review of delegatee's action. The delegator (Commission) or 
redelegator of authority shall retain a discretionary right to review 
an action taken under delegated authority by a subordinate delegatee, 
either upon the filing of a written petition of a party to, or an 
intervenor in, such action; or upon the delegator's or redelegator's 
own initiative.
    (1) Petitions for review of actions taken under delegated authority 
shall be filed within ten (10) calendar days of the action taken:
    (i) If the action for which review is sought is taken by a 
delegatee, the petition shall be addressed to the Commission pursuant 
to Sec. 502.69 of this chapter.
    (ii) If the action for which review is sought is taken by a 
redelegatee, the petition shall be addressed to the redelegator whose 
decision can be further reviewed by the Commission under paragraph 
(f)(1)(i) of this section, unless the Commission decides to review the 
matter directly, such as, for example, in the incapacity of the 
redelegator.
    (2) The vote of a majority of the Commission less one member 
thereof shall be sufficient to bring any delegated action before the 
Commission for review under this paragraph.
    (g) Action--when final. Should the right to exercise discretionary 
review be declined or should no such review be sought under paragraph 
(f) of this section, then the action taken under delegated authority 
shall, for all purposes, including appeal or review thereof, be deemed 
to be the action of the Commission.
    (h) Conflicts. Where the procedures set forth in this section 
conflict with law or any regulation of this chapter, the conflict shall 
be resolved in favor of the law or other regulation.


Sec. 501.22  [Reserved]


Sec. 501.23  Delegation to the General Counsel.

    The authority listed in this section is delegated to the General 
Counsel: Authority to classify carriers as state-controlled carriers 
within the meaning of section 3(8) of the Shipping Act of 1984, except 
where a carrier submits a rebuttal statement pursuant to 
Sec. 514.4(c)(2)(ii) or Sec. 580.1(e)(3)(i) of this chapter.


Sec. 501.24  Delegation to the Secretary.

    The authorities listed in this section are delegated to the 
Secretary (and, in the absence or preoccupation of the Secretary, to 
the Assistant Secretary).
    (a) Authority to approve applications for permission to practice 
before the Commission and to issue admission certificates to approved 
applicants.
    (b) Authority to extend the time to file exceptions or replies to 
exceptions, and the time for Commission review, relative to initial 
decisions of administrative law judges and decisions of Special Dockets 
Officers.
    (c) Authority to extend the time to file appeals or replies to 
appeals, and the time for Commission review, relative to dismissals of 
proceedings, in whole or in part, issued by administrative law judges.
    (d) Authority to establish and extend or reduce the time:
    (1) To file documents either in docketed proceedings or relative to 
petitions filed under part 502 of this chapter, which are pending 
before the Commission itself; and
    (2) To issue initial and final decisions under Sec. 502.61 of this 
chapter.
    (e) Authority to prescribe a time limit less than twenty days from 
date published in the Federal Register, for the submission of written 
comments with reference to agreements filed pursuant to section 15 of 
the Shipping Act, 1916, and to prescribe a time limit for the 
submission of written comments with reference to agreements filed 
pursuant to section 5 of the Shipping Act of 1984.
    (f) Authority, in appropriate cases, to publish in the Federal 
Register notices of intent to prepare an environmental assessment and 
notices of finding of no significant impact.
    (g) Authority to prescribe a time limit less than ten days from 
date published in the Federal Register for filing comments on notices 
of intent to prepare an environmental assessment and notice of finding 
of no significant impact and authority to prepare environmental 
assessments of No Significant Impact.
    (h) Authority, after consultation with the Director, Bureau of 
Trade Monitoring and Analysis, to rule on requests to file amendments 
or supplements to documents concerning pending section 15 agreements 
which are filed pursuant to Sec. 560.602(e) of this chapter.
    (i) Authority, in the absence or preoccupation of the Managing 
Director and Deputy Managing Directors, to sign travel orders, 
nondocketed recommendations to the Commission, and other routine 
documents for the Managing Director, consistent with the programs, 
policies, and precedents established by the Commission or the Managing 
Director.


Sec. 501.25  Delegation to the Managing Director.

    The authorities listed in this section are delegated to the 
Managing Director.
    (a) Authority to adjudicate, with the concurrence of the General 
Counsel, and authorize payment of, employee claims for not more than 
$1,000.00, arising under the Military and Civilian Personnel Property 
Act of 1964, 31 U.S.C. 3721.
    (b) Authority to determine that an exigency of the public business 
is of such importance that annual leave may not be used by employees to 
avoid forfeiture before annual leave may be restored under 5 U.S.C. 
6304.


Sec. 501.26  Delegation to the Director, Bureau of Trade Monitoring and 
Analysis.

    The authorities listed in this section are delegated to the 
Director, Bureau of Trade Monitoring and Analysis.
    (a) Authority to approve, pursuant to section 15 of the Shipping 
Act, 1916, unprotested passenger agency agreements and modifications 
thereto, and container interchange agreements and modifications thereto 
between common carriers by water.
    (b) Authority to approve modifications to agreements filed under 
section 15 of the Shipping Act, 1916, when such modifications are filed 
in accordance with regulations and are clearly in compliance with the 
criteria and/or intent of such regulations, and require modification of 
the filed amendment to the extent necessary to conform to such 
regulations.
    (c) Authority to approve those classes of unprotested section 15 
agreements, and modifications thereto, which, pursuant to section 35 of 
the Shipping Act, 1916, are specifically exempted from the approval 
requirements of that Act, but which, notwithstanding the exemption, 
have been filed for approval.
    (d) Authority to approve, pursuant to section 15 of the Shipping 
Act, 1916, as amended, unprotested modifications to marine terminal 
conference agreements and unprotested marine terminal leases, licenses, 
assignments, or other agreements of a similar character for the use of 
terminal property or facilities between persons subject to the Shipping 
Act, 1916, as amended. In instances where an agreement for the use of 
terminal property or facilities of that character defined herein grants 
renewal options without providing that the Commission be notified in 
the event that such options are exercised, this authority extends to 
the issuance of conditional approval, the condition of approval being 
that the agreement be modified to provide for notification to the 
Commission in the event that such options are exercised and refiled 
with the Commission.
    (e) Authority to determine that no action should be taken to 
prevent an agreement or modification to an agreement from becoming 
effective under section 6(c)(1), and to shorten the review period under 
section 6(e), of the Shipping Act of 1984, when the agreement or 
modification involves solely a restatement, clarification or change in 
an agreement which adds no new substantive authority beyond that 
already contained in an effective agreement. This category of agreement 
or modification includes, for example, the following: a restatement 
filed to conform an agreement to the format and organization 
requirements of part 572 of this chapter; a clarification to reflect a 
change in the name of a country or port or a change in the name of a 
party to the agreement; a correction of typographical or grammatical 
errors in the text of an agreement; a change in the title of persons or 
committees designated in an agreement; or a transfer of functions from 
one person or committee to another.
    (f) Authority to grant or deny applications filed under 
Sec. 572.404 of this chapter for waiver of the form, organization and 
content requirements of Secs. 572.401, 572.402, 572.403, 572.501 and 
572.502 of this chapter.
    (g) Authority to determine that no action should be taken to 
prevent an agreement or modification of an agreement from becoming 
effective under section 6(c)(1) of the Shipping Act of 1984 for all 
unopposed agreements and modifications to agreements which will not 
result in a significant reduction in competition. Agreements which are 
deemed to have the potential to result in a significant reduction in 
competition and which, therefore, are not covered by this delegation 
include but are not limited to:
    (1) New agreements authorizing the parties to collectively discuss 
or fix rates (including terminal rates).
    (2) New agreements authorizing the parties to pool cargoes or 
revenues.
    (3) New agreements authorizing the parties to establish a joint 
service or consortium.
    (4) New sailing agreements.
    (5) New equal access agreements.
    (6) Significant modifications to the above categories of agreements 
as set forth in Sec. 572.403(a)(3) of this chapter.
    (h) Authority to grant or deny shortened review pursuant to 
Sec. 572.605 of this chapter for agreements for which authority is 
delegated in paragraph (g) of this section.
    (i) Subject to review by the General Counsel, authority to deny, 
but not approve, requests filed pursuant to Sec. 572.605 of this 
chapter for a shortened review period for agreements for which 
authority is not delegated under paragraph (g) of this section.
    (j) Authority to issue notices of termination of agreements which 
are otherwise effective under the Shipping Act, 1916, or the Shipping 
Act of 1984, after publication of notice of intent to terminate in the 
Federal Register, when such terminations are:
    (1) Requested by the parties to the agreement;
    (2) Deemed to have occurred when it is determined that the parties 
are no longer engaged in activity under the agreement and official 
inquiries and correspondence cannot be delivered to the parties; or
    (3) Deemed to have occurred by notification of the withdrawal of 
the next to last party to an agreement without notification of the 
addition of another party prior to the effective date of the next to 
last party's withdrawal.
    (k) Authority to determine whether agreements for the use or 
operation of terminal property or facilities, or the furnishing of 
terminal services, are within the purview of section 15 of the Shipping 
Act, 1916, or section 5 of the Shipping Act of 1984.
    (l) Authority to request controlled carriers to file justifications 
for existing or proposed rates, charges classifications, rules or 
regulations, and review responses to such requests for the purpose of 
recommending to the Commission that a rate, charge, classification, 
rule or regulation be found unlawful and, therefore, requires 
Commission action under section 9(d) of the Shipping Act of 1984.
    (m) Authority to recommend to the Commission the initiation of 
formal proceedings or other actions with respect to suspected 
violations of the shipping statutes and rules and regulations of the 
Commission.


Sec. 501.27  Delegation to and redelegation by the Director, Bureau of 
Tariffs, Certification and Licensing.

    Except where specifically redelegated in this section, the 
authorities listed in this section are delegated to the Director, 
Bureau of Tariffs, Certification and Licensing.
    (a)(1) Authority to approve for good cause or disapprove special 
permission applications submitted by common carriers, or conferences of 
such carriers, subject to the provisions of section 8 of the Shipping 
Act, 1984, section 18 of the Shipping Act, 1916, or section 2 of the 
Intercoastal Shipping Act of 1933, for relief from statutory and/or 
Commission tariff requirements.
    (2) The authority under this paragraph is redelegated to the Chief, 
Office of Tariffs, in the Bureau of Tariffs, Certification and 
Licensing.
    (b)(1) Authority to approve or disapprove special permission 
applications submitted by a controlled carrier subject to the 
provisions of section 9 of the Shipping Act of 1984 for relief from 
statutory and/or Commission tariff requirements.
    (2) The authority under this paragraph is redelegated to the Chief, 
Office of Tariffs, in the Bureau of Tariffs, Certification and 
Licensing.
    (c)(1) Authority contained in Supplemental Report No. 4 and Order 
in Docket No. 90-23, Notice of Inquiry on Ocean Freight Tariffs in 
Foreign and Domestic Offshore Commerce--Tariffs and Service Contracts, 
to grant special permission to deviate from the requirement that 
electronically-filed tariffs become effective no later than 90 days 
from the last day of the applicable filing window.
    (2) The authority under this paragraph is redelegated to the Chief, 
Office of Tariffs, in the Bureau of Tariffs, Certification and 
Licensing.
    (d) Authority contained in Part 514 of this chapter to temporarily 
exempt common carriers from the electronic tariff filing requirements 
of that part for a period not to exceed 90 days from the filing dates 
set forth in Supplemental Report No. 4 and Order, served in Docket No. 
90-23 on May 28, 1993.
    (e)(1) Authority to reject tariff filings of common carriers in the 
foreign and domestic offshore commerce of the U.S. or conferences of 
such carriers for failure to meet the requirements of pertinent 
statutes or the Commission's regulations, for lack of completeness or 
clarity, or for noncompliance with special permission or other orders 
of the Commission.
    (2) The authority under this paragraph is redelegated to the Chief, 
Office of Tariffs; Chief, Tariff Control Center and Senior 
Transportation Specialists in the Bureau of Tariffs, Certification and 
Licensing.
    (f) Authority to issue notices of intent to cancel inactive tariffs 
of common carriers in the foreign and domestic offshore commerce and 
marine terminal operators, after a diligent effort has been made to 
locate the carrier/terminal operator without success, or if the 
carrier/terminal operator has advised the Commission that it no longer 
offers a carrier/terminal operator service but refuses to cancel its 
tariff upon written request; and to cancel such tariff if, within 30 
days after publication, the carrier/terminal operator does not furnish 
reasons why such tariff should not be canceled.
    (g) (1) Authority to:
    (i) Approve or disapprove applications for ocean freight forwarder 
licenses; issue or reissue or transfer such licenses; and approve 
extensions of time in which to furnish the name(s) and ocean freight 
forwarding experience of the managing partner(s) or officer(s) who will 
replace the qualified partner or officer upon whose qualifications the 
original licensing was approved;
    (ii) Issue a letter stating that the Commission intends to deny an 
application, unless within 20 days, applicant requests a hearing to 
show that denial of the application is unwarranted; deny applications 
where an applicant has received such a letter and has not requested a 
hearing within the notice period; and rescind, or grant extensions of, 
the time specified in such letters;
    (iii) Revoke the license of an ocean freight forwarder upon the 
request of the licensee;
    (iv) Upon receipt of notice of cancellation of any bond, notify the 
licensee in writing that its license will automatically be suspended or 
revoked, effective on the bond cancellation date, unless a new or 
reinstated bond is submitted and approved prior to such date, and 
subsequently order such suspension or revocation for failure to 
maintain a bond;
    (v) Approve changes in an existing licensee's organization; and
    (vi) Return any application which on its face fails to meet the 
requirements of the Commission's regulations, accompanied by an 
explanation of the reasons for rejection.
    (2) The authorities contained in paragraphs (g)(1)(iii) and 
(g)(1)(iv) of this section are redelegated to the Chief, Office of 
Freight Forwarders, in the Bureau of Tariffs, Certification and 
Licensing.
    (h) Authority to:
    (1) Approve applications for Certificates (Performance) and 
Certificates (Casualty) evidenced by a surety, insurance or guaranty 
issued by an approved entity, and issue, reissue, or amend such 
Certificates;
    (2) Issue a written notice to an applicant stating intent to deny 
an application for a Certificate (Performance) and/or (Casualty), 
indicating the reason therefor, and advising applicant of the time for 
requesting a hearing as provided for under Sec. 540.26(c) of this 
chapter; deny any application where the applicant has not submitted a 
timely request for a hearing; and rescind such notices and grant 
extensions of the time within which a request for hearing may be filed;
    (3) Issue a written notice to a certificant stating that the 
Commission intends to revoke, suspend, or modify a Certificate 
(Performance) and/or (Casualty), indicating the reason therefor, and 
advising of the time for requesting a hearing as provided for under 
Sec. 540.26(c) of this chapter; revoke, suspend or modify a Certificate 
(Performance) and/or (Casualty) where the certificant has not submitted 
a timely request for hearing; and rescind such notices and grant 
extensions of time within which a request for hearing may be filed;
    (4) Revoke a Certificate (Performance) and/or (Casualty) which has 
expired, and/or upon request of, or acquiescence by, the certificant; 
and
    (5) Notify a certificant when a Certificate (Performance) and/or 
(Casualty) has become null and void in accordance with Secs. 540.8(a) 
and 540.26(a) of this chapter.
    (i) Authority contained in Secs. 514.7(j) and 581.8 of this chapter 
to notify filing parties of the Commission's intent to reject a service 
contract and/or statement of essential terms and subsequently reject 
and return such contracts.
    (j) Authority contained in Parts 514 and 581 of this chapter to 
approve, but not deny, requests for permission to correct clerical or 
administrative errors in the essential terms of filed service 
contracts.
    (k) Authority contained in parts 514, 580 and 583 of this chapter 
to cancel the tariffs of NVOCCs who fail to file a surety bond, 
guaranty or insurance policy or, if required, designate an agent for 
receipt of process, or whose surety bond or agent designation is 
canceled.
    (l) Authority contained in Parts 514 and 582 of this chapter to 
cancel the tariff or tariffs of any common carrier, and suspend the 
license of any ocean freight forwarder, who fails to file an anti-
rebate certification.
    (m) Authority to approve or disapprove applications as specified in 
Part 552 of this chapter for extensions of time for filing 
(Sec. 552.2(c)), alternative data (Sec. 552.2(d)) and waiver of 
detailed filing requirements (Sec. 552.2(e)).
    (n) Authority contained in Sec. 514.8(d)(4)(ii) of this chapter to 
approve minor changes and additions to transaction set data for the 
ATFI system. Such minor changes include additions to any of the 
following term and reference lists: Cities; States and Provinces; 
Countries; Ports; Container sizes; Container types; Container 
temperatures; Hazard codes; Inland modes, Packaging types, Rate bases; 
Service types; Stuffing mode; Stripping mode; and Currencies.
    (o) Authority to develop, prescribe, and administer programs to 
assure compliance with the provisions of the shipping statutes of all 
persons subject thereto, including without limitations those programs 
for: The submission of regular and special reports, information, and 
data; the conduct of a plan for the field audit of activities and 
practices of common carriers by water in the domestic offshore trade 
and the foreign commerce of the U.S., conferences of such carriers, 
marine terminal operators, ocean freight forwarders, and other persons 
subject to the shipping statutes; and the conduct of rate studies.
    (p) Authority to review and determine the validity of alleged or 
suspected violations, exclusive of formal complaints, of the shipping 
statutes and rules and regulations of the Commission by freight 
forwarders; authority to determine corrective action necessary with 
respect to violations except where violations involve major questions 
of policy or major interpretations of statutes, or orders, rules, and 
regulations of the Commission, or acts having material effect upon the 
commerce of the U.S.; and authority to recommend to the Commission the 
initiation of formal proceedings or other actions with respect to such 
alleged or suspected violations.


Sec. 501.28  Delegation to the Director, Bureau of Hearing Counsel.

    The authority to compromise civil penalty claims has been delegated 
to the Director, Bureau of Hearing Counsel, by Sec. 502.604(g) of this 
chapter. See also Secs. 501.5(i) and 521.21.


Sec. 501.29  [Reserved]


Sec. 501.30  Delegation to and redelegation by Director, Bureau of 
Administration.

    Except where specifically redelegated in this section, the 
authorities listed in this section are delegated to the Director, 
Bureau of Administration, and, in the absence or preoccupation of the 
Director, to the Deputy Director of that Bureau.
    (a)(1) Authority under part 514 of this chapter, after consultation 
with the Bureau of Tariffs, Certification and Licensing, and the Office 
of the Managing Director, to issue letters notifying applicants for 
certification of ATFI batch filing capability that their applications 
have or have not been granted.
    (2) The authority under this paragraph is redelegated to the 
Director, Office of Information Resources Management.
    (b)(1) Authority under Sec. 514.21(m)(2) of this chapter, after 
consultation with the Bureau of Tariffs, Certification and Licensing 
and the Office of the Managing Director, to evaluate and approve or 
disapprove by letter the accounting or charging system the applicant 
intends to use for charging users and remitting to the Commission 
indirect (subsequent) access user fees under 46 U.S.C. app. 
1107a(d)(1)(B)(ii).
    (2) The authority under this paragraph is redelegated to the 
Director, Office of Information Resources Management.
    (c)(1) Authority is delegated to the Director, Bureau of 
Administration, to approve, certify, or otherwise authorize those 
actions dealing with appropriations of funds made available to the 
Commission including allotments, fiscal matters, and contracts relating 
to the operation of the Commission within the laws, rules, and 
regulations set forth by the Federal Government.
    (2) The authority under this paragraph is redelegated to the 
Director, Office of Budget and Financial Management.
    (d)(1) Authority is delegated to the Director, Bureau of 
Administration, to classify all positions GS-1 through GS-15 and wage 
grade positions.
    (2) The authority under this paragraph is redelegated to the 
Director, Office of Personnel.


Sec. 501.31  Delegation to the Director, Bureau of Investigations.

    The authority listed in this section is delegated to the Director, 
Bureau of Investigations: Authority to approve administrative leave for 
employees in District Offices.

Subpart D--Public Requests for Information


Sec. 501.41  Public requests for information and decisions.

    (a) General. Pursuant to 5 U.S.C. 552(a)(1)(A), there is hereby 
stated and published for the guidance of the public the established 
places at which, the officers from whom, and the methods whereby, the 
public may secure information, make submittals or requests, or obtain 
decisions, principally by contacting by telephone, in writing, or in 
person, either the Secretary of the Commission at the Federal Maritime 
Commission, 800 North Capitol Street, NW., Washington, DC 20573, or the 
District Offices listed in paragraph (d) of this section. See also part 
503 of this chapter.
    (b) The Secretary will provide information and decisions, and will 
accept and respond to requests, relating to the program activities of 
the Office of the Secretary and of the Commission, generally. Unless 
otherwise provided in this chapter, any document, report, or other 
submission required to be filed with the Commission by statute or the 
Commission's rules and regulations relating to the functions of the 
Commission or of the Office of the Secretary shall be filed with or 
submitted to the Secretary.
    (c) The Directors of the following bureaus and offices will provide 
information and decisions, and will accept and respond to requests, 
relating to the specific functions or program activities of their 
respective bureaus and offices as set forth in this chapter; but only 
if the dissemination of such information or decisions is not prohibited 
by statute or the Commission's Rules of Practice and Procedure:
    (1) Office of the General Counsel;
    (2) Office of the Administrative Law Judges;
    (3) Office of the Managing Director;
    (4) Office of the Inspector General ;
    (5) Office of Equal Employment Opportunity;
    (6) Bureau of Hearing Counsel;
    (7) Bureau of Trade Monitoring and Analysis;
    (8) Bureau of Tariffs, Certification and Licensing;
    (9) Bureau of Investigations;
    (10) Bureau of Administration;
    (11) Office of Personnel;
    (12) Office of Budget and Financial Management;
    (13) Office of Information Resources Management;
    (14) Office of Administrative Services; and
    (15) Office of Informal Inquiries, Complaints and Informal Dockets.
    (d) The Directors of the New York, New Orleans, San Francisco, 
Puerto Rico, Houston, Los Angeles and Miami District Offices will 
provide information and decisions to the public within their geographic 
areas, or will expedite the obtaining of information and decisions from 
headquarters, relating to the program activities of the District 
Offices as set forth in this part. The addresses of these offices are 
as follows:

New York District--Director, New York District, Federal Maritime 
Commission, 6 World Trade Center, suite 614, New York, New York 
10048-0949
New Orleans District--Director, New Orleans District, Federal 
Maritime Commission, 1 Canal Place Tower, 365 Canal Street, suite 
2260 New Orleans, Louisiana 70130-1134
Miami District--Director, Miami District, Federal Maritime 
Commission, 18441 NW. 2nd Avenue, suite 302, Miami, Florida 33169
San Francisco District--Director, San Francisco District, Federal 
Maritime Commission, 525 Market Street, suite 3510, San Francisco, 
California 94105-2743
Los Angeles District--Director, Los Angeles District, Federal 
Maritime Commission, 11 Golden Shore, suite 270, Long Beach, 
California 90802
Puerto Rico District--Director, Puerto Rico District, Federal 
Maritime Commission, U.S. District Courthouse, Federal Office 
Building, room 762, 150 Carlos Chardon Avenue, Hato Rey, Puerto Rico 
00918-1735
Houston District--Director, Houston District, Federal Maritime 
Commission, 14950 Heathrow Forest Parkway, suite 110, Box 14, 
Houston, Texas 77032-3842

    (e) Any document, report or other submission required to be filed 
with the Commission by statute or the Commission's rules and 
regulations relating to the specific functions of the bureaus and 
offices shall be filed with or submitted to the Director of such Bureau 
or Office.

    By the Commission.
Joseph C. Polking
Secretary.

BILLING CODE 6730-01-W

TR07JA94.007

[FR Doc. 94-52 Filed 1-6-94; 8:45 am]
BILLING CODE 6730-01-C