[Federal Register Volume 60, Number 226 (Friday, November 24, 1995)]
[Rules and Regulations]
[Pages 57940-57943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28440]



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FEDERAL MARITIME COMMISSION

46 CFR Part 501


General Consolidation of Bureaus of Investigations and Hearing 
Counsel

AGENCY: Federal Maritime Commission.

ACTION: Final rule.

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SUMMARY: The Federal Maritime Commission is consolidating the Bureau of 
Investigations (``BOI'') and Bureau of Hearing Counsel (``BHC'') and 
related delegated authorities into one bureau: the Bureau of 
Enforcement (``BOE'').

EFFECTIVE DATE: November 24, 1995.

FOR FURTHER INFORMATION CONTACT: Vern W. Hill, Director, Bureau of 
Enforcement, Federal Maritime Commission, 800 North Capitol St., NW, 
Washington, DC 20573, (202) 523-5783.

SUPPLEMENTARY INFORMATION: The Federal Maritime Commission is amending 
part 501 of title 46 of the Code of Federal Regulations to reflect the 
consolidation of BOI and BHC into one bureau: BOE. Notice and public 
procedure are not necessary prior to the issuance of this rule because 
it deals solely with matters of agency organization. Neither is a 
delayed effective date required. This action does not affect the 
substantive duties and functions of the bureaus formerly known as BOI 
and BHC.

List of Subjects in 46 CFR Part 501

    Administrative practice and procedure; Authority delegations; 
Organization and functions; Seals and insignia.
    For the reasons set out in the preamble, title 46, Code of Federal 
Regulations, part 501 is amended as set forth below.

PART 501--THE FEDERAL MARITIME COMMISSION--GENERAL

    1. The authority citation for part 501 continues to read as 
follows:

    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

    2. Section 501.3 is amended by removing and reserving paragraph (k) 
and revising paragraph (l) to read as follows:


Sec. 501.3  Organizational components of the Federal Maritime 
Commission.

* * * * * 

[[Page 57941]]

    (k) [Reserved]
    (l) Bureau of Enforcement; District Offices.
    (1) New York District
    (2) Miami District
    (3) Los Angeles District
* * * * *
    3. Section 501.4 is amended by revising the first sentence of 
paragraph (b) and revising paragraph (c) to read as follows:


Sec. 501.4  Lines of responsibility.

* * * * *
    (b) Office of the Managing Director. The Bureau of Economics and 
Agreement Analysis; Bureau of Tariffs, Certification and Licensing; 
Bureau of Enforcement; and Bureau of Administration report to the 
Office of the Managing Director. * * *
    (c) Bureau of Enforcement and District Offices. The District 
Offices report to the Director, Bureau of Enforcement.
    4. Section 501.5 is amended by revising paragraphs (f)(1)(i), (i) 
introductory text, (i)(3), and (i)(4); the heading of paragraph (j) is 
removed and reserved, paragraph (j)(1) is redesignated as paragraph 
(i)(5) and revised; paragraph (j)(2) is redesignated as paragraph 
(i)(6) and the introductory text thereof is revised; the first sentence 
of paragraph (l)(2) is revised. The revised text reads as follows:


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

* * * * *
    (f) The Office of the Managing Director.
    (1) * * *
    (i) As senior staff official, is responsible to the Chairman for 
the management and coordination of Commission programs managed by the 
operating Bureaus of Enforcement; Administration; Economics and 
Agreement 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;
* * * * *
    (i) Bureau of Enforcement; District Offices. Under the direction 
and management of the Bureau Director, the Bureau of Enforcement:
* * * * *
    (3) Acts as staff counsel to the Managing Director and other 
bureaus and offices;
    (4) Coordinates with other bureaus and offices to provide legal 
advice, attorney liaison, and prosecution, as warranted, in connection 
with enforcement matters; and
    (5) 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.
    (6) The activities performed by the Bureau and its District 
Offices, the latter under the direction and management of their 
respective District Directors, include the following:
* * * * *
    (j) [Reserved]
* * * * *
    (l) Boards and Committees. * * *
    (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 Economics and Agreement Analysis; Tariffs, 
Certification and Licensing; Administration; and Enforcement; the 
General Counsel; the Secretary; the Inspector General; the Director, 
Office of Equal Employment Opportunity; the Chief Administrative Law 
Judge; a representative of 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. * * *
* * * * *

Subpart C--Delegation and Redelegation of Authorities

    5. Section 501.28 is revised to read as follows:


Sec. 501.28  Delegation to the Director, Bureau of Enforcement.

    The authorities listed in this section are delegated to the 
Director, Bureau of Enforcement. Notwithstanding the provisions of 
Sec. 501.21, the Director may delegate or redelegate, in writing, 
specific authority to individuals within the Bureau of Enforcement 
other than the Deputy Director.
    (a) Authority to compromise civil penalty claims has been delegated 
to the Director, Bureau of Enforcement, by Sec. 502.604(g) of this 
chapter. This delegation shall include the authority to compromise 
issues relating to the retention, suspension or revocation of ocean 
freight forwarder licenses. See also Secs. 501.5(i) and 501.21.
    (b) Authority to approve administrative leave for employees in 
District Offices.


Sec. 501.31  [Removed]

    6. Section 501.31 is removed.

Subpart D--Public Requests for Information

    7. In Sec. 501.41, paragraph (c) introductory text is republished, 
paragraph (c)(6) is revised to read as set forth below, paragraph 
(c)(9) is removed and reserved, and paragraph (d) is revised to read as 
follows:


Sec. 501.41  Public requests for information and decisions.

* * * * *
    (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:
* * * * *
    (6) Bureau of Enforcement.
* * * * *
    (9) [Reserved].
* * * * *
    (d) The Directors of the New York, 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.
    Miami District--Director, Miami District, Federal Maritime 
Commission, 18441 N.W. 2nd Avenue, suite 302, Miami, Florida 33169.
    Los Angeles District--Director, Los Angeles District, Federal 
Maritime Commission, 501 West Ocean Boulevard, Long Beach, 
California 90802.
* * * * *
    8. Appendix A to Part 501 is revised as follows:

BILLING CODE 6730-01-P

[[Page 57942]]
[GRAPHIC][TIFF OMITTED]TR24NO95.042



BILLING CODE 6730-01-C

[[Page 57943]]

    By the Commission.
Joseph C. Polking,
Secretary.

[FR Doc. 95-28440 Filed 11-22-95; 8:45 am]
BILLING CODE 6730-01-P