[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Rules and Regulations]
[Pages 51230-51233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25061]


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FEDERAL MARITIME COMMISSION

46 CFR Parts 501, 502, 514 and 583


Reorganization of Enforcement Components

AGENCY: Federal Maritime Commission.

ACTION: Final rule.

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SUMMARY: The Federal Maritime Commission is amending its rules to 
reflect the establishment of the Bureau of Enforcement and the 
replacement of its District Offices with Area Representatives.

EFFECTIVE DATE: October 1, 1996.

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

SUPPLEMENTARY INFORMATION: The Federal Maritime Commission is amending 
various provisions of Part 500 to end of Title 46 of the Code of 
Federal Regulations to reflect the reorganization of its enforcement 
components, which includes the consolidation of the Bureau of Hearing 
Counsel and the Bureau of Investigations into a new Bureau of 
Enforcement and the replacement of its District Offices with individual 
Area Representatives. Notice and public comment 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 
Commission's enforcement components.

List of Subjects

46 CFR Part 501

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

46 CFR Part 502

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

46 CFR Part 514

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

46 CFR Part 583

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

    Title 46 of the Code of Federal Regulations is amended as follows:

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.

    2. Section 501.3(l) is revised to read as follows:

[[Page 51231]]

Sec. 501.3  Organizational components of the Federal Maritime 
Commission.

* * * * *
    (l) Bureau of Enforcement.
* * * * *
    Section 501.4(c) is revised to read as follows:


Sec. 501.4  Lines of Responsibility.

* * * * *
    (c) Bureau of Enforcement and Area Representatives. The Area 
Representatives report to the Director, Bureau of Enforcement.
    4. Section 501.5(i) introductory paragraph and (i)(6) introductory 
text are revised to read:


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

* * * * *
    (i) Bureau of Enforcement; Area Representatives. Under the 
direction and management of the Bureau Director, the Bureau of 
Enforcement:
* * * * *
    (6) Maintains a presence in locations other than Washington, D.C. 
through Area Representatives whose activities include the following:
* * * * *
    5. Section 501.28(b) is revised to read:


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

* * * * *
    (b) Authority to approve administrative leave for Area 
Representatives.
    6. In section 501.41 paragraph (a) is amended by removing the words 
``District Offices'' and adding in their place the words ``Area 
Representatives,'' and paragraph (d) is revised to read as follows:


Sec. 501.41  Public requests for information and decisions.

* * * * *
    (d) The Area Representatives will provide information and decisions 
to the public within their geographic areas, or will expedite the 
obtaining of information and decisions from headquarters. The addresses 
of these Area Representatives are as follows. Further information on 
Area Representatives, including Internet E-mail addresses, can be 
obtained on the Commission's home page on the World Wide Web at 
``www.fmc.gov.''

Los Angeles

Los Angeles Area Representative, U.S. Customs House Building, P.O. Box 
3164, 300 S. Ferry Street, Room 1018, Terminal Island Station, San 
Pedro, CA 90731

Miami

Miami Area Representative, Customs Management Center, 909 SE, 1st Ave., 
Room 736, Miami, FL 33131

New Orleans

New Orleans Area Representative, U.S. Customs House, 423 Canal Street, 
Room 303, New Orleans, LA 70130

Seattle

Seattle Area Representative, U.S. Customs, 3236 16th Ave., SW, Seattle, 
WA 98134

North Atlantic

North Atlantic Area Representative, Federal Maritime Commission, 800 
North Capitol Street, NW., Suite 928, Washington, DC 20573
* * * * *
    7. Appendix A to Part 501, Federal Maritime Commission Organization 
Chart, is revised to read as follows:
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[[Page 51233]]

PART 502--RULES OF PRACTICE AND PROCEDURES

    8. 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, 821, 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).

    9. Section 502.42 is revised to read as follows:


Sec. 502.42  Bureau of Enforcement.

    The Director, Bureau of Enforcement, shall be a party to all 
proceedings governed by the rules in this part, except that in 
complaint proceedings under Sec. 502.62, the Director may become a 
party only upon leave to intervene granted pursuant to Sec. 502.72, and 
in rulemaking proceedings, the Director may become a party by 
designation, if the Commission determines that the circumstances of the 
proceeding warrant such participation. The Director or the Director's 
representative shall be served with copies of all papers, pleadings, 
and documents in every proceeding in which the Bureau of Enforcement is 
a party. The Bureau of Enforcement shall actively participate in any 
proceeding to which the Director is a party, to the extent required in 
the public interest, subject to the separation of functions required by 
section 5(c) of the Administrative Procedure Act. (See Sec. 502.224.) 
[Rule 42.]


Sec. 502.68   [Amended]

    In Sec. 502.68, Declaratory orders and fee, paragraph (f)(1) is 
amended by removing the words ``Hearing Counsel'' and adding in their 
place the word ``Enforcement''.


Sec. 502.221   [Amended]

    11. In Sec. 502.221, Briefs; requests for findings, paragraph (c) 
is amended by removing the words ``Hearing Counsel'' and adding in 
their place the words ``the Bureau of Enforcement''.


Sec. 502.604   [Amended]

    12. In Sec. 502.604, Compromise of penalties; Relation to 
assessment proceedings, paragraph (g) is amended by removing the words 
``Hearing Counsel'' and adding in their place the word ``Enforcement''.

Appendix A to Subpart W--[Amended]

    13. In Appendix A to Subpart W--Example of Compromise Agreement, 
paragraph 2 is amended by removing the words ``Hearing Counsel'' and 
adding in their place the word ``Enforcement'' and The Approval and 
Acceptance clause is amended by removing the words ``Hearing Counsel'' 
and adding in their place the word ``Enforcement''.

PART 514--TARIFFS AND SERVICE CONTRACTS

    14. 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 
Pub. L. 101-92, 103 Stat. 601.

    15. Section 514.7(m)(3) is revised to read:


Sec. 514.7   Service contracts in foreign commerce.

 * * * * *
    (m) * * *
    (3) Production for audit within 30 days of request. Every common 
carrier or conference shall, upon written request of the FMC's 
Director, Bureau of Enforcement or any Area Representative, submit 
requested service contract records within 30 days from the date of the 
request.

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

    16. The authority citation for Part 583 continues 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.


Sec. 583.4   [Amended]

    17. In Sec. 583.4 Finanical responsibility requirements, the 
undesignated paragraph following paragraph (d)(6)(ii), is amended by 
removing the words ``other Commission's district offices located in New 
York, NY; New Orleans, LA; San Francisco, CA; Hato Rey, PR; Los 
Angeles, CA; Miami, FL; and Houston, TX'' and adding in their place the 
words ``Area Representative listed at 46 CFR 501.41(d)''.

    By the Commission.
Joseph C. Polking,
Secretary.
[FR Doc. 96-25061 Filed 9-30-96; 8:45 am]
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