[Federal Register Volume 67, Number 55 (Thursday, March 21, 2002)]
[Proposed Rules]
[Pages 13118-13122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6742]


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FEDERAL MARITIME COMMISSION

46 CFR Parts 502, 503, 515, 520, 530, 535, 540, 550, 551, 555, and 
560

[Docket No. 02-05]


Update of Existing and Addition of New 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 and complaints; various 
public information services, such as record searches, document copying, 
and admissions to practice; filing ocean transportation intermediary 
applications; applications for special permission; service contracts; 
agreements; and passenger vessel performance and casualty certificate 
applications. These revised fees reflect current costs to the 
Commission. In addition, the Commission adds a new fee for the 
provision of a database report on effective carrier agreements, makes 
nomenclature changes in certain CFR units with respect to Commission 
bureau designations, and makes section reference changes in certain CFR 
units to reflect numbering changes made in a previous rulemaking. The 
Commission also is republishing a fee requirement that was previously 
inadvertently omitted.

DATES: Submit an original and 15 copies of comments (paper), or e-mail 
comments as an attachment in WordPerfect 8, Microsoft Word 97, or 
earlier versions of these applications, no later than April 22, 2002.

ADDRESSES: Address comments to: Bryant L. VanBrakle, Secretary, Federal 
Maritime Commission, 800 North Capitol Street, N.W., Washington, D.C. 
20573-0001, E-mail: [email protected].

FOR FURTHER INFORMATION CONTACT: JoAnn Baca, Special Assistant to the 
Executive Director, Office of the Executive Director, Federal Maritime 
Commission, 800 North Capitol Street, N.W., Washington, D.C. 20573-
0001, (202)523-5800, E-mail: [email protected].

SUPPLEMENTARY INFORMATION: The Commission is authorized under the 
Independent Offices Appropriation Act (``IOAA''), 31 U.S.C. 9701 
(1983), to establish fees for services and benefits that it provides to 
specific recipients. The IOAA provides that each service or thing of 
value provided by an agency to a person be self-sustaining to the 
extent possible, and that each charge shall be fair and based on the 
costs to the Government, the value of the service or thing to the 
recipient, policy or interest served, and 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.1.(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 exist.
    The Commission's current filing and service fees have been in 
effect since 1998, and are no longer representative of the Commission's 
actual costs for providing such services. Accordingly, the Commission 
proposes to revise its fees so as to reflect costs attendant to 
providing the involved services. Fee increases primarily reflect 
increases in salary and indirect (overhead) costs. For some services, 
the increase in processing or review time accounts in part for the 
increase in the level of proposed fees. For other services, proposed 
fees are lower than current fees due to overall reduced costs to 
provide those services.
    The Commission is instituting a new user fee for provision of a 
database report on effective carrier agreements. Also, in promulgating 
new rules governing the filing of service contracts to implement the 
Ocean Shipping Reform Act of 1998, Public Law 105-158, 112 Stat. 1902, 
in Docket No. 99-12, Termination of Dial-Up Service Contract Filing 
System, 64 FR 41041 (July 29, 1999), we inadvertently failed to carry 
over Sec. 514.7 into part 530. That section was a permission process to 
correct clerical or administrative errors in the essential terms of a 
filed service contract, and included an attendant user fee. We are 
therefore republishing it.
    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 include clerical, professional, supervisory, and executive time 
expended on an activity, plus a check processing cost of $1.70. The 
indirect costs include Government

[[Page 13119]]

overhead costs, which are fringe benefits and other wage-related 
Government contributions contained in OMB Circular A-76; \1\ Commission 
general and administrative expenses; \2\ and office general and 
administrative overhead expenses.\3\ 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.
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    \1\ These include leave and holidays, retirement, worker's 
compensation, awards, health and life insurance, and Medicare. These 
are expressed as a percentage of basic pay.
    \2\ These costs include all salaries and overhead, such as rent, 
utilities, supplies, and equipment, allocated to the Offices of the 
Commissioners, Executive Director (including administrative offices) 
and General Counsel. The percentage of these costs to the total 
agency budget is allocated across all Commission programs.
    \3\ These expenses are limited to the overhead expenses 
allocated to those bureaus and offices involved in the fee-
generating activities, and is derived from dividing allocated 
overhead expenses by the total funding for these fee-generated 
offices.
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    A detailed summary of the data used to arrive at the proposed fees 
is available from the Secretary of the Commission upon written or e-
mail request.
    The Commission intends to update its fees biennially in keeping 
with OMB guidance. In updating its fees, the Commission will 
incorporate changes in the salaries of its employees into direct labor 
costs associated with its services, and recalculate its indirect costs 
(overhead) based on current level of costs.
    The Chairman of the Federal Maritime Commission hereby certifies 
that these proposed fees will not have a significant economic impact on 
a substantial number of small entities. The Commission recognizes that 
these proposed revisions may have some impact on the shipping industry. 
Fees collected from the general public for Commission information 
recover the cost to the Commission for providing specific services. 
Commission regulations provide for waiver of fees for those entities 
that can make the required showing of undue hardship (46 CFR 503.41).
    This Rule also makes nomenclature changes in certain CFR units to 
reflect a change in a relevant Commission bureau name since these CFR 
units were last revised. Additionally, this Rule makes section 
reference changes in certain CFR units to reflect numbering changes 
made in a previous rulemaking.
    This 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, Maritime carriers, Penalties, 
Reporting and recordkeeping requirements.

46 CFR Part 503

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

46 CFR Part 515

    Exports, Freight forwarders, Non-vessel-operating common carriers, 
Ocean transportation intermediaries, Licensing requirements, Financial 
responsibility requirements, Reporting and recordkeeping requirements.

46 CFR Part 520

    Common carrier, Freight, Intermodal transportation, Maritime 
carriers, Reporting and recordkeeping requirements.

46 CFR Part 530

    Freight, Maritime carriers, Reporting and recordkeeping 
requirements.

46 CFR Part 535

    Administrative practice and procedure, Maritime carriers, Reporting 
and recordkeeping requirements.

46 CFR Part 540

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

46 CFR Part 550

    Administrative practice and procedure, Maritime carriers.

46 CFR Part 551

    Administrative practice and procedure, Maritime carriers.

46 CFR Part 555

    Administrative practice and procedure, Investigations, Maritime 
carriers.

46 CFR Part 560

    Administrative practice and procedure, Maritime carriers.

    For the reasons set forth above, the Federal Maritime Commission 
proposes to amend 46 CFR parts 502, 503, 515, 520, 530, 535, 540, 550, 
551, 555, and 560 as follows:

PART 502--RULES OF PRACTICE AND PROCEDURE

    1. The authority citation for part 502 continues to read as 
follows:

    Authority: 5 U.S.C. 504, 551, 552, 553, 556(c), 559, 561-569, 
571-596; 5 U.S.C. 571-584; 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. 
817d, 817e, 1114(b), 1705, 1707-1711, 1713-1716; E.O. 11222 of May 
8, 1965, 30 FR 6469, 3 CFR, 1964-1965 Comp. P. 306; 21 U.S.C. 853a; 
Pub. L. 105-258, 112 Stat. 1902.

Subpart D--Rulemaking

    2. The fourth sentence of Sec. 502.51(a) is revised to read as 
follows:


Sec. 502.51  Initiation of procedure to issue, amend, or repeal a rule.

    (a) * * * Petitions shall be accompanied by remittance of a $228 
filing fee.* * *
* * * * *

Subpart E--Proceedings; Pleadings; Motions; Replies

    3. Section 502.62(g) is revised to read as follows:


Sec. 502.62  Complaints and fee.

* * * * *
    (g) The complaint shall be accompanied by remittance of a $209 
filing fee.
* * * * *
    4. 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 $228 filing 
fee.
* * * * *
    5. 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 $228 filing 
fee. [Rule 69.]

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 $209 
filing fee. [Rule 182.]

Subpart Q--Refund or Waiver of Freight Charges

    7. Sec. 502.271(d)(5) is revised to read as follows:


Sec. 502.271  Special docket application for permission to refund or 
waive freight charges.

* * * * *
    (d) * * *

[[Page 13120]]

    (5) Applications must be accompanied by remittance of a $81 filing 
fee.
* * * * *

Subpart S--Informal Procedure for Adjudication of Small Claims

    8. 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 $63 
filing fee.
* * * * *

PART 503--PUBLIC INFORMATION

    9. The authority citation for part 503 continues to read as 
follows:

    Authority: 5 U.S.C. 552, 552a, 552b, 553; 31 U.S.C. 9701; E.O. 
12958 of April 20, 1995 (60 FR 19825), sections 5.2(a) and (b).

    10. In Sec. 503.43, paragraphs (c)(1) (i) and (ii), the first 
sentence of paragraph (c)(2), paragraph (c)(3)(ii) and (iii), paragraph 
(c)(4), paragraph (d) and paragraph (e) 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 $20.00 per hour and by professional/executive personnel at 
a rate of $40.00 per hour.
    (ii) Minimum charge for record search is $20.00.
    (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 $75.00 per hour. * * *
    (3) * * *
    (ii) By Commission personnel, at the rate of five cents per page 
(one side) plus $20.00 per hour.
    (iii) Minimum charge for copying is $5.00.
* * * * *
    (4) The certification and validation (with Federal Maritime 
Commission seal) of documents filed with or issued by the Commission 
will be available at $86.00 for each certification.
    (d) 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: $10 per proceeding.
    (e) Applications for admission to practice before the Commission 
for persons not attorneys at law must be accompanied by a fee of $95 
pursuant to Sec. 502.27 of this chapter.

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

    11. In Sec. 503.69, paragraph (b)(2) is revised to read as follows:


Sec. 503.69  Fees.

* * * * *
    (b) * * *
    (2) The certification and validation (with Federal Maritime 
Commission seal) of documents filed with or issued by the Commission 
will be available at $86 for each certification.
* * * * *

PART 515--LICENSING, FINANCIAL RESPONSIBILITY REQUIREMENTS, AND 
GENERAL DUTIES FOR OCEAN TRANSPORTATION INTERMEDIARIES

    12. The authority citation for part 515 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, 1714, 1716, and 1718; Pub. L. 105-383, 112 
Stat. 3411; 21 U.S.C. 862.

Subpart A--General

    13. In Sec. 515.5, paragraphs (a), (b)(1), (b)(2), and (b)(3) are 
revised to read as follows:


Sec. 515.5  Forms and Fees.

    (a) Forms. License form FMC-18 Rev., and financial responsibility 
forms FMC-48, FMC-67, FMC-68, FMC-69 may be obtained from the 
Commission's website at http://www.fmc.gov, the Director, Bureau of 
Consumer Complaints and Licensing, Federal Maritime Commission, 
Washington, D.C. 20573, or from any of the Commission's area 
representatives.
    (b) * * *
    (1) Application for license as required by Sec. 515.12(a): $799;
    (2) Application for status change or license transfer as required 
by Secs. 515.18(a) and 515.18(b): $506; and
    (3) Supplementary investigations required by Sec. 515.25(a): $225.

Subpart D--Duties and Responsibilities of Ocean Transportation 
Intermediaries; Reports to Commission

    14. The second sentence of Sec. 515.34 is revised to read as 
follows:


Sec. 515.34  Regulated Persons Index.

    * * * The database may be purchased for $103 by contacting the 
Bureau of Consumer Complaints and Licensing, Federal Maritime 
Commission, Washington, DC 20573. * * *


Sec. 515.12, 515.18, 515.22, 515.25,  Appendix A to Subpart C, Appendix 
B to Subpart C, Appendix D to Subpart C [Amended]

    15. In addition to the amendments set forth above, in 46 CFR part 
515 remove the words ``Bureau of Tariffs, Certification and Licensing'' 
and add, in their place, the words ``Bureau of Consumer Complaints and 
Licensing'' in the following places:
    a. Section 515.12(a)(1);
    b. Section 515.18(a);
    c. Section 515.22(e);
    d. Section 515.25(a);
    e. Appendix A to Subpart C;
    f. Appendix B to Subpart C; and
    g. Appendix D to Subpart C.

PART 520--CARRIER AUTOMATED TARIFFS

    16. The authority citation for part 520 continues to read as 
follows:

    Authority: 5 U.S.C. 553; 46 U.S.C. app. 1701-1702, 1707-1709, 
1712, 1716; and sec. 424 of Pub. L. 105-383, 112 Stat. 3411.

Subpart B--Filing Requirements

    17. The last sentence of Sec. 520.14(c)(1) is revised to read as 
follows:


Sec. 520.14  Special permission.

    (c) * * *
    (1) * * * Every such application shall be submitted to the Bureau 
of Consumer Complaints and Licensing and be accompanied by a filing fee 
of $172.
* * * * *


Sec. 520.2, 520.3, 520.7  [Amended]

    18. In addition to the amendments set forth above, in 46 CFR part 
520 remove the words ``Bureau of Tariffs, Certification and Licensing'' 
and add, in their place, the words ``Bureau of Consumer Complaints and 
Licensing'' and remove the acronym ``BTCL'' and add, in its place, the 
acronym ``BCCL'' in the following places:
    a. Section 520.2;
    b. Section 520.3(d); and
    c. Section 520.7(b).

PART 530--SERVICE CONTRACTS

    19. The authority citation for part 530 continues to read as 
follows:

    Authority: 5 U.S.C. 553; 46 U.S.C. App. 1704, 1705, 1707, 1716.

Subpart B--Service Contracts

    20. Section 530.10(c), introductory text, is revised to read as 
follows:


Sec. 530.10  Amendment, correction, and cancellation.

* * * * *
    (c) * * * Requests shall be filed, in duplicate, with the 
Commission's Office

[[Page 13121]]

of the Secretary within forty-five (45) days of the contract's filing 
with the Commission, accompanied by remittance of a $276 service fee, 
and shall include:
* * * * *

PART 535--AGREEMENTS BY OCEAN COMMON CARRIERS AND OTHER PERSONS 
SUBJECT TO THE SHIPPING ACT OF 1984

    21. The authority citation for part 535 continues to read as 
follows:

    Authority: 5 U.S.C. 553; 46 U.S.C. app. 1701-1707, 1709-1710, 
1712 and 1714-1718; Pub. L. 105-383, 112 Stat. 3411.

Subpart D--Filing of Agreements

    22-23. In Sec. 535.401, paragraph (f) is revised and paragraph (g) 
is added to read as follows:


Sec. 535.401  General requirements.

* * * * *
    (f) Fees. The filing fee is $1,834 for new class A/B agreements 
requiring Commission review and action; $931 for class A/B agreement 
modifications requiring Commission review and action; $442 for 
agreements processed under delegated authority (for types of agreements 
that can be processed under delegated authority, see Sec. 501.26(e) of 
this chapter); and $145 for carrier and terminal exempt agreements.
    (g) The fee for the Commission's agreement database report is $32.

PART 540--PASSENGER VESSEL FINANCIAL RESPONSIBILITY

    24. The authority citation for part 540 continues to read as 
follows:

    Authority: 5 U.S.C. 552, 553; 31 U.S.C. 9701; secs. 2 and 3, 
Pub. L. 89-777, 80 Stat. 1356-1358; 46 U.S.C. app. 817e, 817d; 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

    25. The last two sentences in Sec. 540.4(b) are revised to read as 
follows:


Sec. 540.4  Procedure for establishing financial responsibility.

* * * * *
    (b) * * * An application for a Certificate (Performance), excluding 
an application for the addition or substitution of a vessel to the 
applicant's fleet, shall be accompanied by a filing fee remittance of 
$2,549. An application for a Certificate (Performance) for the addition 
or substitution of a vessel to the applicant's fleet shall be 
accompanied by a filing fee remittance of $1,276.
* * * * *

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

    26. The last two sentences in Sec. 540.23(b) are revised to read as 
follows:


Sec. 540.23  Procedure for establishing financial responsibility.

* * * * *
    (b) * * * An application for a Certificate (Casualty), excluding an 
application for the addition or substitution of a vessel to the 
applicant's fleet, shall be accompanied by a filing fee remittance of 
$1,111. An application for a Certificate (Casualty) for the addition or 
substitution of a vessel to the applicant's fleet shall be accompanied 
by a filing fee remittance of $557.
* * * * *

PART 550--REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO 
SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES

    27. The authority citation for part 550 continues to read as 
follows:

    Authority: 5 U.S.C. 553; sec. 19(a)(2), (e), (f), (g), (h), (i), 
(j), (k) and (l) of the Merchant Marine Act, 1920, 46 U.S.C. app. 
876(a)(2), (e), (f), (g), (h), (i), (j), (k) and (l), as amended by 
Pub. L. 105-258; Reorganization Plan No. 7 of 1961, 75 Stat 840; and 
sec. 10002 of the Foreign Shipping Practices Act of 1988, 46 U.S.C. 
app. 1710a.

Subpart B--Production of Information

    28. Section 550.203(b) is revised to read as follows:


Sec. 550.203  Failure to provide information.

* * * * *
    (b) The Commission may, when there is a failure to produce any 
information ordered produced under Sec. 550.201, make appropriate 
findings of fact and inferences, including the inference that 
conditions unfavorable to shipping in the foreign trade of the United 
States do exist.

Subpart D--Petitions for Section 19 Relief

    29. Section 550.402 is revised to read as follows:


Sec. 550.402  Filing of petitions.

    All requests for relief from conditions unfavorable to shipping in 
the foreign trade shall be by written petition. An original and fifteen 
copies of a petition for relief under the provisions of this part shall 
be filed with the Secretary, Federal Maritime Commission, Washington, 
DC 20573. The petition shall be accompanied by remittance of a $228 
filing fee.

Subpart F--Corrective Actions

    30. Section 550.601(d) is revised to read as follows:


Sec. 550.601  Actions to correct unfavorable conditions.

* * * * *
    (d) Suspend, in whole or in part, an ocean common carrier's right 
to operate under an agreement, including any agreement authorizing 
preferential treatment at terminals or preferential terminal leases, 
whether filed with the Commission or not filed with the Commission 
pursuant to the exemptions granted in 46 CFR part 535; or any agreement 
filed with the Commission authorizing space chartering, or pooling of 
cargo or revenues with other ocean common carriers;
* * * * *

PART 551--ACTION TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO 
SHIPPING IN THE U.S. FOREIGN TRADE

    31. The authority citation for part 551 continues to read as 
follows:

    Authority: 46 U.S.C. app. 876(1)(b); 46 U.S.C. app 876 (5) 
through (12); 46 CFR part 550; Reorganization Plan No. 7 of 1961, 26 
FR 7315 (August 12, 1961).

    32. Section 551.1 is revised to read as follows:


Sec. 551.1  Actions to adjust or meet conditions unfavorable to 
shipping in specific trades.

    Whenever the Commission determines that conditions unfavorable to 
shipping exist in the United States foreign trade with any nation and 
issues rules to adjust or meet such conditions, pursuant to section 
19(1)(b) of the Merchant Marine Act, 1920, 46 U.S.C. app. 876(1)(b) and 
46 CFR part 551, such rules shall be published in the Federal Register 
and added to this part.

[[Page 13122]]

PART 555--ACTIONS TO ADDRESS ADVERSE CONDITIONS AFFECTING U.S.-FLAG 
CARRIERS THAT DO NOT EXIST FOR FOREIGN CARRIERS IN THE UNITED 
STATES

    33. The authority citation for part 555 continues to read as 
follows:

    Authority: 5 U.S.C. 553; sec. 10002 of the Foreign Shipping 
Practices Act of 1988 (46 U.S.C. app. 1710a), as amended by Pub. L. 
105-258.

    34. In Sec. 555.4, paragraphs (a) and (b)(9) are revised to read as 
follows:


Sec. 555.4  Petitions.

    (a) A petition for investigation to determine the existence of 
adverse conditions as described in Sec. 555.3 may be submitted by any 
person, including any common carrier, shipper, shippers' association, 
ocean freight forwarder, or marine terminal operator, or any branch, 
department, agency, or other component of the Government of the United 
States. Petitions for relief under this part shall be in writing, and 
filed in the form of an original and fifteen copies with the Secretary, 
Federal Maritime Commission, Washington, DC 20573. The petition shall 
be accompanied by remittance of a $228 filing fee.
* * * * *
    (b) * * *
    (9) A recommended action, including any of those enumerated in 
Sec. 555.8, the result of which will, in the view of the petitioner, 
address the conditions complained of.
* * * * *
    35. In Sec. 555.5, the first sentence of paragraph (a) and the last 
sentence of Sec. 555.5(c) are revised to read as follows:


Sec. 555.5  Investigations.

    (a) An investigation to determine the existence of adverse 
conditions as described in Sec. 555.3 may be initiated by the 
Commission on its own motion or on the petition of any person pursuant 
to Sec. 555.4. * * *
* * * * *
    (c) * * * Persons who receive information requests from the 
Commission pursuant to Sec. 555.6 of this part are not precluded from 
filing additional voluntary submissions in accordance with this 
paragraph.
* * * * *
    36. The first sentence of Sec. 555.6(c) is revised to read as 
follows:


Sec. 555.6  Information demands and subpoenas.

* * * * *
    (c) The Commission may, in its discretion, determine that any 
information submitted to it in response to a request (including a 
subpoena) under this section, or accompanying a petition under 
Sec. 555.4, or voluntarily submitted by any person pursuant to 
Sec. 555.5(c), shall not be disclosed to the public. * * *
    37. The first sentence of Sec. 555.7 is revised to read as follows:


Sec. 555.7  Notification to Secretary of State.

    Upon publication of a petition in the Federal Register, or on its 
own motion should it determine to initiate an investigation pursuant to 
Sec. 555.5, the Commission will notify the Secretary of State of same, 
and may request action to seek resolution of the matter through 
diplomatic channels. * * *


Sec. 555.5, 555.8  [Amended]

    38. In addition to the amendments set forth above, in 46 CFR part 
555 remove the references to the term ``Sec. 588.3'' and add, in its 
place, the term ``Sec. 555.3'' in the following places:
    a. Section 555.5 (b);
    b. Section 555.8 (a); and
    c. Section 555.8 (a) (7).

PART 560--ACTIONS TO ADDRESS CONDITIONS UNDULY IMPAIRING ACCESS OF 
U.S.-FLAG VESSELS TO OCEAN TRADE BETWEEN FOREIGN PORTS

    39. The authority citation for part 560 continues to read as 
follows:

    Authority: 5 U.S.C. 553; secs. 13(b)(6), 15 and 17 of the 
Shipping Act of 1984, 46 U.S.C. app. 1712(b)(6), 1714 and 1716, as 
amended by Pub. L. 105-258; sec. 10002 of the Foreign Shipping 
Practices Act of 1988 (46 U.S.C. app. 1710a), as amended by Pub. L. 
105-258.

    40. Section 560.3(a)(2) is revised to read as follows:


Sec. 560.3  Petitions for relief.

    (a) * * *
    (2) An original and fifteen copies of such a petition including any 
supporting documents shall be filed with the Secretary, Federal 
Maritime Commission, Washington, DC 20573. The petition shall be 
accompanied by remittance of a $228 filing fee.
* * * * *
    41. In Sec. 560.4, paragraphs (a) and (b)(2) are revised to read as 
follows:


Sec. 560.4  Proceeding.

    (a) Upon the Commission's own motion or upon the filing of a 
petition which meets the requirements of Sec. 560.3, when there are 
indications that conditions unduly impairing the access of a U.S. flag 
vessel to trade between foreign ports may exist, the Commission will 
institute a proceeding pursuant to this part.
    (b) * * *
    (2) Interested or adversely affected persons will be allowed a 
period of time to reply to the petition by the submission of written 
data, views or legal arguments pursuant to Sec. 560.5 of this part. 
Factual submissions shall be in affidavit form.
* * * * *
    42. Section 560.7(b)(6) is revised to read as follows:


Sec. 560.7  Decision; sanctions; effective date.

* * * * *
    (b) * * *
    (6) A request to the collector of customs at any port or place of 
destination in the United States to refuse the clearance required by 
section 4197 of the Revised Statutes, 46 U.S.C. app. 91, to any vessel 
of a foreign carrier which is or whose government is identified as 
contributing to the conditions described in Sec. 560.2 of this part;
* * * * *
    43. Section 560.8 is revised to read as follows:


Sec. 560.8  Submission of decision to the President.

    Concurrently with the submission of any decision imposing sanctions 
to the Federal Register pursuant to Sec. 560.7(d)(1), the Commission 
shall transmit that decision to the President of the United States who 
may, within ten days after receiving the decision, disapprove it if the 
President finds that disapproval is required for reasons of the 
national defense or the foreign policy of the United States.
    44. Section 560.9(b) is revised to read as follows:


Sec. 560.9  Postponement, discontinuance, or suspension of action.

* * * * *
    (b) The Commission shall postpone, discontinue or suspend any 
action provided for in its final decision if so directed by the 
President for reasons of national defense or foreign policy of the 
United States as provided in Sec. 560.8.
    By the Commission\*\.
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    \*\ Commissioner John A. Moran is not participating.

Bryant L. VanBrakle,
Secretary.
[FR Doc. 02-6742 Filed 3-20-02; 8:45 am]
BILLING CODE 6730-01-P