[Federal Register Volume 59, Number 144 (Thursday, July 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18380]


[Federal Register: July 28, 1994]


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FEDERAL MARITIME COMMISSION

46 CFR Parts 502, 503, 510, 514, 540, and 583

[Docket No. 94-14]


Update of Existing Filing and Service Fees

AGENCY: Federal Maritime Commission.

ACTION: Proposed rule.

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SUMMARY: The Federal Maritime Commission (``Commission'') proposes to 
revise its existing fees for filing petitions, complaints, and special 
docket applications; various public information services, such as 
record searches, document copying, and admissions to practice; filing 
freight forwarder applications; various ATFI-related services; filing 
applications by cruise operators for performance and casualty 
certificates; and providing NVOCC listings. This proposal will update 
existing fees to reflect current costs to the Commission.

DATES: Comments due September 12, 1994.

ADDRESSES: Comments (original and fifteen copies) to: Joseph C. 
Polking, Secretary, Federal Maritime Commission, 800 North Capitol 
Street, NW., Washington, DC 20573-0001.

FOR FURTHER INFORMATION CONTACT: Jeremiah D. Hospital or George S. 
Smolik, Bureau of Trade Monitoring and Analysis, Federal Maritime 
Commission, 800 North Capitol Street, NW., Washington, DC 20573-001, 
(202) 523-5790.

SUPPLEMENTARY INFORMATION: The Commission is authorized under the 
Independent Offices Appropriation Act (``IOAA''), 31 U.S.C. 9701, to 
establish fees for services and benefits that it provides to specific 
recipients. The IOAA provides:

    (a) . . . that each service or thing of value provided by an 
agency . . . to a person . . . be self-sustaining to the extent 
possible.
    (b) . . . each charge shall be--
    (1) fair; and
    (2) based on--
    (A) the costs to the Government;
    (B) the value of the service or thing to the recipient;
    (C) public policy or interest served; and
    (D) other relevant facts.

31 U.S.C. 9701.
    The primary guidance for implementation of IOAA is Office of 
Management and Budget (``OMB'') Circular A-25, as revised July 8, 1993. 
OMB Circular A-25 requires that a reasonable charge be made to each 
recipient for a measurable unit or amount of Government service from 
which the recipient derives a benefit, in order that the Government 
recover the full cost of rendering that service.
    OMB Circular A-25 further provides that costs be determined or 
estimated from the best available records in the agency, and that cost 
computations shall cover the direct and indirect costs to the 
Government of carrying out the activity, including but not limited to:

    (a) Direct and indirect personnel costs, including salaries and 
fringe benefits such as medical insurance and retirement. . . .;
    (b) Physical overhead, consulting, and other indirect costs 
including material and supply costs, utilities, insurance, travel 
and rent . . . .;
    (c) The management and supervisory costs.
    (d) The costs of enforcement, collection, research, 
establishment of standards, and regulations, including any required 
environmental impact statements.

OMB Circular A-25, paragraphs 6 d. (a), (b), (c), and (d). OMB Circular 
A-25 also calls for a periodic reassessment of costs, with related 
adjustment of fees, if necessary, and the establishment of new fees 
where none exists.1
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    \1\In a companion rulemaking proceeding Docket No. 94-15, New 
Filing Fees, the Commission is proposing implementing new fees for 
tariff and agreement filings; applications for filing alternate 
data, for extension of time to file, and for waiver of detailed 
filing of financial data in the domestic offshore trades; and the 
filing of general rate increases in the domestic offshore trades.
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    The Commission's current filing and service fees have been in 
effect since 1983. The fees established at that time are no longer 
representative of the Commission's actual costs for providing such 
services. The Commission, accordingly, proposes to update its fees to 
reflect current costs to the Commission.
    The Commission has reviewed its current fees and developed data on 
the time and cost involved in providing particular services to arrive 
at the updated direct labor costs for those services. The direct labor 
costs included clerical, professional, supervisory, and executive time 
expended on an activity, plus a check processing cost of $1.00. 
Indirect costs (overhead and other assignable costs) were added to 
direct labor costs to arrive at fully distributed costs for providing 
each service. The indirect costs include Government overhead costs, 
which are fringe benefits and other wage-related Government 
contributions contained in OMB Circular A-76;2 Commission general 
and administrative expenses;3 and office general and 
administrative overhead expenses.4 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. 
Appendix A is a detailed explanation of how the indirect cost factor 
was computed.
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    \2\These include leave and holidays, retirement, workmen's 
compensation awards, health and life insurance, and Medicare. These 
are expressed as a percentage of basic pay.
    \3\These costs include all salaries and overhead, such as rent, 
utilities, supplies, and equipment, allocated to the Offices of the 
Commissioners, Managing Director, General Counsel, and the Bureau of 
Administration. The percentage of these costs to the total agency 
budget is allocated across all Commission programs.
    \4\These expenses are limited to the overhead expenses allocated 
to those bureaus and offices involved in fee-generating activities, 
and is derived from dividing allocated overhead expenses by the 
total funding for these fee-generating offices.
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    All current fees, except as noted, are being revised to reflect the 
higher costs to the Commission in providing its services. A summary 
schedule of revised fees is provided in Appendix B. A detailed summary 
of the data used to arrive at the proposed fees is available from the 
Secretary of the Commission upon written request.

Proposed Fees

Part 502 Fees

    The Commission assesses a number of fees under its Rules of 
Practice and Procedure codified at 46 CFR Part 502. The fees contained 
in Part 502 are being revised to reflect the current cost to the 
Commission of providing particular services. General petitions and 
petitions for declaratory orders filed with the Commission are 
currently assessed a filing fee of $50. The Commission proposes to 
raise this amount to $162.5 The formal complaint filing fee is 
increased to $166 from $50. The fee for filing special docket 
applications is increased to $86 from $25. The filing fee for informal 
complaints is increased to $68 from $25. Persons using the Commission's 
conciliation services will be assessed a $61 fee, up from $25.
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    \5\All proposed revised fees have been rounded down to the 
nearest dollar.
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Part 503 Fees

    The Commission's rules on public information, 46 CFR Part 503, 
contain fees to be charged for certain services provided to the public. 
These fees also are being updated to reflect the current cost to the 
Commission. Record search services performed by Commission staff will 
be increased from $11 to $15 per hour for clerical staff, and from $23 
to $30 per hour for professional staff; the minimum charge for a record 
search will increase from $11 to $15. The charge for reviewing 
documents to determine whether they are exempt from disclosure under 
the Freedom of Information Act is being increased to $63 per hour from 
$38. While the per-page copying charge of five cents per page (one 
side) is not being revised, the service charge for copying performed by 
Commission staff will increase to $15 per hour. The minimum service fee 
for copying remains unchanged at $3.50. The fee for validating and 
certifying documents is increased to $70 per certificate. Annual 
subscription services for Commission publications will be increased as 
follows: $278 for initial and final orders in all formal proceedings, 
and $223 for final orders only in all formal proceedings. Subscription 
fees for copies of Commission rules and regulations are increased as 
follows: $83 for initial set of the rules and regulations, and $7 for 
an annual subscription for all amendments to existing rules and new 
rules issued during the year. The latter fee is a decrease from the 
current fee of $8.25. The fee to have one's name placed on a mailing 
list of a specific docket to receive all issuances pertaining to the 
proceeding is increased to $7 per proceeding, up from $3. The fee for 
copies of the Commission Rules of Practice and Procedure will be $9 and 
an annual subscription to amendments will be $7; these are increased 
from $4.25 and $4, respectively. The fee for applications for admission 
to practice before the Commission for persons not attorneys at law will 
increase from $13 to $77.
    Under its rules regarding access to records of personal 
information, the Commission assesses fees for copying, certifying, and 
validating documents. The Commission is reducing its per-page copying 
charge under these rules from 30 cents a page to 5 cents a page; this 
is consistent with the Commission's general copying charge. The 
Commission is increasing its fee for certification and validation of 
documents under these rules to $70 per document; this is also 
consistent with similar fees assessed elsewhere.
    The Commission is also clarifying and updating its policy contained 
in 46 CFR Part 503 regarding the waiver or reduction of service and 
filing fees. It is the general policy of the Commission not to waive or 
reduce service or filing fees. The Commission will, however, entertain 
requests for waiving or reducing fees based on public interest grounds 
or undue hardship.
    In a somewhat related matter, the Commission no longer publishes a 
guide on the shipping of automobiles, entitled Automobile Manufacturers 
Measurements. Therefore, the Commission proposes to delete the obsolete 
reference to this guide in 46 CFR Part 503.

Freight Forwarder Fees

    Part 510 of the Commission's regulations, 46 CFR Part 510, contains 
fees associated with the filing of applications for ocean freight 
forwarder licenses. The Commission proposes to revise its fees under 
these regulations as follows: increase the license application fee to 
$687 from $350, increase the fee for reissuance of a license or status 
change application to $365 from $100, and increase the fee for 
supplemental investigations of pending license applications to $213 
from $100.

ATFI Fees

    The Commission's regulations on tariff filing, 46 CFR Part 514,\6\ 
contain fees for filing applications requesting special permission to 
depart from established rules, and fees related to the Commission's 
Automated Tariff Filing and Information System (``ATFI''). The 
application fee for special permission requests will increase to $146 
from $100. ATFI-related fees will go up as follows:
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    \6\The Commission is not proposing any changes to Parts 550, 
Publishing, Filing, and Posting of Tariffs in Domestic Offshore 
Commerce, and 580, Publishing and Filing Tariffs by Common Carriers 
in the Foreign Commerce of the United States, because these parts 
are obsolete, are subsumed in Part 514, and will be removed in the 
near future.

------------------------------------------------------------------------
                                                                Dollars 
------------------------------------------------------------------------
ATFI Registration...........................................        $162
Registration Changes........................................         136
Certification of Software Functionality.....................         359
Initial Set of ATFI Tapes...................................         336
Daily Update of ATFI Tapes..................................          61
Weekly Update of ATFI Tapes.................................          86
Monthly Update of ATFI Tapes................................         136
Miscellaneous Tapes.........................................          61
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    Updates of ATFI tapes include a set number of tapes; if more tapes 
are required, the fee will increase by $25 per additional tape. The 
Commission currently charges the public, under section 502 of Public 
Law 102-582, 46 U.S.C. 1707a, 46 cents per minute for data retrieval 
from the ATFI database.\7\ The Commission is not proposing any change 
in this charge at this time. Likewise, the Commission is not proposing 
any change in fees for ATFI user manuals. The Commission is studying 
its costs in these areas, and will propose revised fees in the future.
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    \7\The Commission's authority to assess an ATFI retrieval fee, 
under section 502 of Pub. L. 102-582, expires on September 30, 1995.
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Financial Responsibility Certificate Fees

    Under 46 CFR Part 540, Security for the Protection of the Public, 
passenger vessel operators file applications for certificates to show 
that they have sufficient coverage to (1) Indemnify passengers for 
nonperformance of transportation, and (2) meet any liability incurred 
for death or injury. The Commission proposes to increase the filing 
fees for these certificates as follows: for certificate of performance, 
$1,874, and for certificate of casualty, $830.

NVOCC List Fee

    The Commission provides, upon request, a listing of tariffed and 
bonded non-vessel-operating common carriers (``NVOCCs''). This list is 
used as proof by common carriers that listed NVOCCs are in compliance 
with the Commission's regulations, i.e., that they are tariffed and 
bonded. The Commission proposes to increase the charge for providing 
this list to $122. Those requesting the list can have the information 
in several forms: hard paper copy, diskette, or tape.
    In keeping with OMB guidelines, the Commission intends to update 
its fees on an annual basis. In updating its fees, the Commission will 
incorporate changes in the wages and salaries of its employees into 
direct labor costs associated with its services, and recalculate its 
indirect costs (overhead) based on current level costs.
    The Commission, in its latest amendment to 46 CFR Part 502, omitted 
a reference to Public Law 88-777 in its Authority statement (58 FR 
36848, July 19, 1993). This omission is proposed to be corrected in 
this document.
    The Commission certifies pursuant to section 605(b) of the 
Regulatory Flexibility Act, 5 U.S.C. 605(b), that this rule will not 
have a significant economic impact on a substantial number of small 
entities, including small businesses, small organizational units, and 
small governmental jurisdictions. The Commission recognizes that these 
proposed fees may have some impact on the shipping industry, but not of 
the magnitude that would be contrary to the requirements of the 
Regulatory Flexibility Act. For the most part, entities impacted by the 
proposed increases are ocean common carriers, who traditionally have 
not been viewed as small entities. Fees collected from the general 
public for Commission information recover the total cost to the 
Commission for providing specific services. Fees for filing petitions, 
formal and informal complaints, in the Commission's view, do not impose 
an undue burden nor have a chilling effect on filers. Furthermore, 
Commission regulations provide for waiver of fees for those entities 
that can make the required showing of undue hardship.
    This proposed rule does not contain any collection of information 
requirements as defined by the Paperwork Reduction Act of 1980, as 
amended. Therefore, OMB review is not required.

List of Subjects

46 CFR Part 502

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

46 CFR Part 503

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

46 CFR Part 510

    Freight forwarders, Maritime carriers, Reporting and recordkeeping 
requirements, and Surety bonds.

46 CFR Part 514

    Freight, Harbors, Maritime carriers, and Reporting and 
recordkeeping requirements.

46 CFR Part 540

    Insurance, Maritime carriers, Penalties, Reporting and 
recordkeeping requirements, and Surety bonds.

46 CFR Part 583

    Freight, Maritime carriers, reporting and recordkeeping 
requirements, and Surety bonds.
    Pursuant to 5 U.S.C. 553, the Independent Offices Appropriations 
Act, 31 U.S.C. 9701, and section 17 of the Shipping Act of 1984, 46 
U.S.C. app. 1716, the Commission proposes to amend title 46 of the Code 
of Federal Regulations as follows:

PART 502--RULES OF PRACTICE AND PROCEDURE

    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, 
571-596; 12 U.S.C. 1141j(a); 18 U.S.C. 207; 26 U.S.C. 501(c)(3); 28 
U.S.C. 2112(a); 31 U.S.C. 9701; 46 U.S.C. app. 817, 820, 826, 841a, 
1114(b), 1705, 1707-1711, 1713-1716; E.O. 11222 of May 8, 1965 (30 
FR 6469); 21 U.S.C. 853a; and Pub. L. 88-777 (46 U.S.C. app. 817d, 
817e).

Subpart E--Proceedings; Pleadings; Motions; Replies

    2. Section 502.62(f) is revised to read as follows:


Sec. 502.62  Complaints and fee.

* * * * *
    (f) The complaint shall be accompanied by remittance of a $166 
filing fee.
* * * * *
    3. Section 502.68(a)(3) is revised to read as follows:


Sec. 502.68  Declaratory orders and fee.

    (a) * * *
    (3) Petitions shall be accompanied by remittance of a $162 filing 
fee.
* * * * *
    4. Section 502.69(b) is revised to read as follows:


Sec. 502.69  Petitions--general and fee.

* * * * *
    (b) Petitions shall be accompanied by remittance of a $162 filing 
fee. [Rule 69.]

Subpart F--Settlement; Prehearing Procedure

    5. Section 502.92(a)(3)(ii) is revised to read as follows:


Sec. 502.92  Special docket applications and fee.

    (a) * * *
    (3)(i) * * *
    (ii) The application for refund or waiver must be accompanied by 
remittance of an $86 filing fee.
* * * * *

Subpart K--Shortened Procedure

    6. The last sentence of Sec. 502.182 is revised to read as follows:


Sec. 502.182  Complaint and memorandum of facts and arguments and 
filing fee.

    * * * The complaint shall be accompanied by remittance of a $166 
filing fee. [Rule 182.]

Subpart S--Informal Procedure for Adjudication of Small Claims

    7. The last sentence of Sec. 502.304(b) is revised to read as 
follows:


Sec. 502.304  Procedure and filing fee.

* * * * *
    (b) * * * Such claims shall be accompanied by remittance of a $68 
filing fee.
* * * * *

Subpart U--Conciliation Service

    8. The last sentence of Sec. 502.404(a) is revised to read as 
follows:


Sec. 502.404  Procedure and fee.

    (a) * * * The request shall be accompanied by remittance of a $61 
service fee.
* * * * *

PART 503--PUBLIC INFORMATION

    9. The authority citation for Part 503 is revised to read as 
follows:

    Authority: 5 U.S.C. 552, 552a, 552b, 553; 31 U.S.C. 9701; E.O. 
12356, 47 FR 14874, 15557, 3 CFR 1982 Comp., p. 167.

Subpart E--Fees

    10. The introductory paragraph of Sec. 503.41 is revised to read as 
follows:


Sec. 503.41  Policy and services available.

    Pursuant to policies established by the Congress, the Government's 
costs for services provided to identifiable persons are to be recovered 
by the payment of fees (Independent Office Appropriations Act, 31 
U.S.C. 9701 and Freedom of Information Reform Act of 1986, October 27, 
1986, 5 U.S.C. 552). Except as otherwise noted, it is the general 
policy of the Commission not to waive or reduce service and filing fees 
contained in this Chapter. In extraordinary situations, the Commission 
will accept requests for waivers or fee reductions. Such requests are 
to be made to the Secretary of the Commission at the time of the 
information request or the filing of documents and must demonstrate 
that the waiver or reduction of a fee is in the best interest of the 
public, or that payment of a fee would impose an undue hardship. The 
Secretary will notify the requestor of the decision to grant or deny 
the request for waiver or reduction.
* * * * *
    11. In Sec. 503.43, paragraphs (c)(1) (i) and (ii), the first 
sentence of paragraph (c)(2), paragraph (c)(3)(ii), paragraph (c)(4), 
paragraphs (d) (1), (2), and (3), and paragraph (e) are revised; 
paragraphs (f) and (i) are removed; paragraphs (g), (h), and (j) are 
redesignated paragraphs (f), (g), and (h); and newly designated 
paragraphs (f) and (g) are revised to read as follows: Sec. 503.43 Fees 
for services.
* * * * *
    (c) * * *
    (1) * * *
    (i) Search will be performed by clerical/administrative personnel 
at a rate of $15.00 per hour and by professional/executive personnel at 
a rate of $30.00 per hour.
    (ii) Minimum charge for record search is $15.00.
    (2) Charges for review of records to determine whether they are 
exempt from disclosure under Sec. 503.35 shall be assessed to recover 
full costs at the rate of $63.00 per hour. * * *
    (3) * * *
    (i) * * *
    (ii) By Commission personnel, at the rate of five cents per page 
(one side) plus $15.00 per hour.
    (iii) * * *
    (4) The certification and validation (with Federal Maritime 
Commission seal) of documents filed with or issued by the Commission 
will be available at $70.00 for each certification.
    (d) * * *
    (1) Orders, notices, rulings, and decisions (initial and final) 
issued by Administrative Law Judges and by the Commission in all formal 
docketed proceedings before the Federal Maritime Commission are 
available at an annual subscription rate of $278.
    (2) Final decisions (only) issued by the Commission in all formal 
docketed proceedings before the Commission are available at an annual 
subscription rate of $223.
    (3) General rules and regulations of the Commission are available 
at the following rates: (i) Initial set including all current 
regulations for a fee of $83, and (ii) an annual subscription rate of 
$6 for all amendments to existing regulations and any new regulations 
issued.
* * * * *
    (e) To have one's name and address placed on the mailing list of a 
specific docket as an interested party to receive all issuances 
pertaining to that docket: $7 per proceeding.
    (f) Loose-leaf reprint of the Commission's complete, current Rules 
of Practice and Procedure, part 502 of this chapter, for an initial fee 
of $9. Future amendments to the reprint are available at an annual 
subscription rate of $7.
    (g) Applications for admission to practice before the Commission 
for persons not attorneys at law must be accompanied by a fee of $77 
pursuant to Sec. 502.27 of this chapter.
* * * * *

Subpart G--Access to Any Record of Identifiable Personal 
Information

    12. In section 503.69, paragraphs (b) (1) and (2) are revised to 
read as follows:


Sec. 503.69  Fees.

* * * * *
    (b) * * *
    (1) The copying of records and documents will be available at the 
rate of five cents per page (one side), limited to size 8\1/4\'' x 14'' 
or smaller.
    (2) The certification and validation (with Federal Maritime 
Commission seal) of documents filed with or issued by the Commission 
will be available at $70 for each certification.
* * * * *

PART 510--LICENSING OF OCEAN FREIGHT FORWARDERS

    13. The authority citation for Part 510 is revised to read as 
follows:

    Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 46 U.S.C. app. 1702, 
1707, 1709, 1710, 1712, 1714, 1716, and 1718; 21 U.S.C. 853a.

Subpart B--Eligibility and Procedure for Licensing; Bond 
Requirements

    14. Section 510.12(b) is revised to read as follows:


Sec. 510.12  Application for license.

    (a) * * *
    (b) Fee. The application shall be accompanied by a money order, 
certified check or cashier's check in the amount of $687 made payable 
to the Federal Maritime Commission.

* * * * *
    15. The penultimate sentence in section 510.14(b) is revised to 
read as follows:

Sec. 510.14  Surety bond requirements.

    (a) * * *
    (b) * * * The fee for such supplementary investigation shall be 
$213 payable by money order, certified check or cashier's check to the 
Federal Maritime Commission. * * *

    16. The first sentence of section 510.19(e) is revised to read as 
follows:


Sec. 510.19  Changes in organization.

* * * * *
    (e) Application form and fee. Applications for Commission approval 
of status changes or for license transfers under paragraph (a) of this 
section shall be filed in duplicate with the Director, Bureau of 
Tariffs, Certification and Licensing, Federal Maritime Commission, on 
form FMC-18 Rev., together with a processing fee of $365, made payable 
by money order, certified check or cashier's check to the Federal 
Maritime Commission. * * *
* * * * *

PART 514--TARIFFS AND SERVICE CONTRACTS

    17. The authority citation for Part 514 continues to read as 
follows:

    Authority: 5 U.S.C. 552 and 553; 31 U.S.C. 9701; 46 U.S.C. app. 
804, 812, 814-817(a), 820, 833a, 841a, 843, 844, 845, 845a, 845b, 
847, 1702-1712, 1714-1716, 1718, 1721, and 1722; and sec. 2(b) of 
Public Law 101-92, 103 Stat. 601.

Subpart C--Form, Content and Use of Tariff Data

    18. In Sec. 514.21, paragraphs (c), (e) introductory text and 
(e)(1), (f), (j), and (k) are revised to read as follows:


Sec. 514.21  User charges.

* * * * *
    (c) Registration for user (filer and/or retriever ID and password 
(see exhibit 1 to this part and Secs. 514.4(d), 514.8(f) and 514.20)): 
$162 for initial registration for firm and one individual; $136 for 
additions and changes.
    (d) * * *
    (e) Certification of batch filing capability (by appointment 
through the Bureau of Administration) (Sec. 514.8(l)).
    (1) User charge: $359 per certification submission (covers all 
types of tariffs for which the applicant desires to be certified as 
well as recertification required by substantial changes to the ATFI 
system).
* * * * *
    (f) Application for special permission (Sec. 514.18): $146.
* * * * *
    (j) Database tapes (Sec. 514.20(d)). The fees for subscriber tapes, 
similar to other fees in this section, reflect the cost of providing 
those copies, including staff time, the cost of duplication, 
distribution, and user-dedicated equipment, and are:
    (1) Initial set of full database tapes: $336.
    (2) Daily updates: $61.
    (3) Weekly updates: $86.
    (4) Monthly updates: $136.
    Updates of ATFI tapes include a set number of tapes; if more tapes 
are required, the fee will increase by $25 per additional tape.
    (k) Miscellaneous tapes. The fee for tape data, other than the ATFI 
database described in paragraph (j) of this section, shall be $61 for 
the initial tape plus $25 for each additional tape required.
* * * * *

PART 540--SECURITY FOR THE PROTECTION OF THE PUBLIC

    19. The authority citation for Part 540 is revised to read as 
follows:

    Authority: 5 U.S.C. 552, 553; 31 U.S.C. 9701; secs. 2 and 3, 
Public Law 89-777, 80 Stat. 1356-1358 (46 U.S.C. app. 817e, 817d); 
sec. 43 of the Shipping Act, 1916 (46 U.S.C. app. 841a); sec. 17 of 
the Shipping Act of 1984 (46 U.S.C. 1716).

Subpart A--Proof of Financial Responsibility, Bonding and 
Certification of Financial Responsibility for Indemnification of 
Passengers for Nonperformance of Transportation

    20. The last sentence in Sec. 540.4(b) is revised to read as 
follows:


Sec. 540.4  Procedure for establishing financial responsibility.

* * * * *
    (b) * * * An application for a Certificate (Performance) shall be 
accompanied by a filing fee remittance of $1,874.
* * * * *

Subpart B--Proof of Financial Responsibility, Bonding and 
Certification of Financial Responsibility to Meet Liability 
Incurred for Death or Injury to Passengers or Other Persons on 
Voyages

    21. The last sentence of section 540.23(b) is revised to read as 
follows:


Sec. 540.23  Procedure for establishing financial responsibility.

* * * * *
    (b) * * * An application for a Certificate (Casualty) shall be 
accompanied by a filing fee remittance of $830.
* * * * *

PART 583--SURETY FOR NON-VESSEL-OPERATING COMMON CARRIERS

    22. The authority citation for Part 583 is revised to read as 
follows:

    Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 46 U.S.C. app. 1702, 
1707, 1709, 1710-1712, 1716, and 1721.

    23. A new paragraph (d) is added to section 583.7 to read as 
follows:


Sec. 583.7  Proof of compliance.

* * * * *
    (d) The fee for providing the list of tariffed and bonded NVOCCs 
referred to in paragraph (b)(1) of this section is $122. The list is 
available in several forms: hard paper copy, diskette, or tape.

    By the Commission.
Joseph C. Polking,
Secretary.

Appendix A to the Proposed Rule

                       Indirect Cost Calculations                       
                        [Applied to Direct Cost]                        
                                                                        
                                                                        
               A. Government Overhead Costs                             
                                                                        
Fringe benefits and                                                     
 other wage-related                                                     
 government                                                             
 contributions from                                                     
 OMB Circular A-76:                                                     
    Leave and                                                           
     Holidays......  19.70%                                             
    Retirement.....  21.70%                                             
    Workmen's Comp.                                                     
     Awards........  1.70%                                              
    Health, Life                                                        
     Insurance.....  4.70%                                              
    Medicare.......  1.45%                                              
                    ----------------------------------------            
      Total........  49.25%                                             
                                                                        
          B. Commission General and Administrative                      
                                                                        
Expenses allocated                                                      
 to the offices of                                                      
 the Commissioners,                                                     
 Managing Director,                                                     
 General Counsel,                                                       
 and Bureau of                                                          
 Administration (FY                                                     
 1994 amounts from                                                      
 FY 1995 OMB                                                            
 Budget):                                                               
    1. Personnel                                                        
     Costs.........  $4,155,500                                         
    2. Rent,                                                            
     Communications                                                     
     and Utilities.  1,009,468                                          
    3. Annual                                                           
     Report........  3,000                                              
    4. Data                                                             
     Information...  20,000                                             
    5. Printing....  9,619                                              
    6. Equipment                                                        
     Maintenance...  24,878                                             
    7. Leasehold                                                        
     Improvements..  20,000                                             
    8. Supplies and                                                     
     Materials.....  43,784                                             
    9. ADP Supplies  7,297                                              
    10. Furniture &                                                     
     Equipment.....  9,288                                              
    11. Postage....  16,790                                             
    12. Fiscal                                                          
     Services......  24,878                                             
    13. Health                                                          
     Services......  8,127                                              
    14. Protective                                                      
     Services......  32,122                                             
    15. Duplicating                                                     
     Supplies......  7,982                                              
    16. Travel.....  42,000                                             
                    ----------------------------------------            
      Total........  $5,434,733                                         
Calculation of                                                          
 overhead                                                               
 percentage:                                                            
    Commiss                                                     
     ion                                                                
     G&AAge                                                     
     ncy Funding=..  % Overhead                                         
    Total                                                       
     Agency Funding                                                     
     for FY 1994...  $18,900,000                                        
    Commiss                                                     
     ion G&A.......  5,434,733                                          
    Overhea                                                     
     d Percentage                                                       
     ($5,434,733Overhea                                                     
     d                                                                  
     ExpensesFunding                                                     
     for Bureaus/                                                       
     Offices (FY                                                        
     1994 amounts                                                       
     from FY 1995                                                       
     OMB Budget):..                                                     
        Secretary..  $910,000                                           
        Trade                                                           
         Monitoring                                                     
         and                                                            
         Analysis..  1,846,000                                          
        Tariffs,                                                        
         Certificat                                                     
         ion and                                                        
         Licensing.  2,730,000                                          
                    ----------------------------------------            
        Total......  5,486,000                                          
    Office                                                      
     G&A:..........  $1,179,101                                         
    Overhea                                                     
     d Percentage                                                       
     ($1,179,101