[Federal Register Volume 79, Number 154 (Monday, August 11, 2014)]
[Rules and Regulations]
[Pages 46714-46715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18917]


=======================================================================
-----------------------------------------------------------------------

FEDERAL MARITIME COMMISSION

46 CFR Part 502

[Docket No. 14-09]
RIN 3072-AC57


Informal Procedure for Adjudication of Small Claims

AGENCY: Federal Maritime Commission.

ACTION: Direct final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Federal Maritime Commission (Commission) amends its 
regulations concerning the adjudication of small claims filed with the 
Commission seeking reparations in the amount of $50,000 or less for 
violation of the Shipping Act of 1984. The rule transfers 
responsibility for the assignment of these claims from the Alternative 
Dispute Resolution Specialist to the Chief Administrative Law Judge.

DATES: This rule is effective November 7, 2014 without further action, 
unless significant adverse comment is received by September 8, 2014. If 
significant adverse comment is received, the Federal Maritime 
Commission will publish a timely withdrawal of the rule in the Federal 
Register.

ADDRESSES: Submit comments to: Karen V. Gregory, Secretary, Federal 
Maritime Commission, 800 North Capitol Street NW., Washington, DC 
20573-0001, or email non-confidential comments to: [email protected] 
(email comments as attachments, preferably in Microsoft Word or PDF).

FOR FURTHER INFORMATION CONTACT: Karen V. Gregory, Secretary, Federal 
Maritime Commission, 800 North Capitol Street NW., Washington, DC 
20573-0001, (202) 523-5725, Email: [email protected].

SUPPLEMENTARY INFORMATION:
    Submit Comments: Include in the subject line: Docket No. 14-09, 
Informal

[[Page 46715]]

Procedure for Adjudication of Small Claims. Non-confidential filings 
may be submitted in hard copy or as a Microsoft Word or PDF attachment 
addressed to [email protected]. Confidential filings must be 
accompanied by a transmittal letter that identifies the filing as 
``confidential'' and describes the nature and extent of the 
confidential treatment requested. Any comment that contains 
confidential information must consist of the complete filing and be 
marked by the filer as ``Confidential-Restricted,'' with the material 
claimed to be confidential clearly marked on each page. The Commission 
will provide confidential treatment to the extent allowed by law for 
submissions, or parts of submissions, for which the filer requests 
confidentiality. A public version must be submitted with the 
confidential version if applicable. Questions regarding filing or 
treatment of confidential responses to this notice should be directed 
to the Commission's Secretary, Karen V. Gregory, at the telephone 
number or email provided in this notice.
    The Commission expects the amendments to be noncontroversial as 
they address the Commission's internal procedures. Therefore, pursuant 
to 5 U.S.C. 553, notice and comment are not required and this rule may 
become effective after publication in the Federal Register unless the 
Commission receives significant adverse comments within the specified 
period. The Commission recognizes that parties may have information 
that could impact the Commission's views and intentions with respect to 
the revised internal procedures, and the Commission intends to consider 
any comments filed. The Commission will withdraw the rule if it 
receives significant adverse comments. Filed comments that are not 
adverse may be considered for modifications to part 502 at a future 
date. If no significant adverse comment is received, the rule will 
become effective without additional action.
    This direct final rule is not a ``major rule'' under 5 U.S.C. 
804(2). No notice of proposed rulemaking is required; therefore, the 
provisions of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., do 
not apply.
    Pursuant to Section 11(a) of the Shipping Act of 1984 (46 U.S.C. 
41301(a)), a person may file a complaint with the Commission claiming a 
violation of the Shipping Act of 1984 and may seek reparations for an 
injury caused by the violation. With the consent of both parties, 
claims in the amount of $50,000 or less are decided without the 
necessity of formal procedures under the Commission's rules.
    The current rules provide that claims less than $50,000 will be 
decided by a Settlement Officer appointed by the Commission's 
Alternative Dispute Resolution Specialist. The new rules provide that 
claims in the amount of $50,000 or less will be decided by a Small 
Claims Officer appointed by the Commission's Chief Administrative Law 
Judge.

List of Subjects in 46 CFR Part 502

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

    For the reasons stated in the preamble, the Federal Maritime 
Commission amends 46 CFR Part 502, Subpart S as follows:

PART 502--RULES OF PRACTICE AND PROCEDURE

0
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; 18 U.S.C. 207; 28 U.S.C. 2112(a); 31 
U.S.C. 9701; 46 U.S.C. 305, 40103-40104, 40304, 40306, 40501-40503, 
40701-40706, 41101-41109, 41301-41309, 44101-44106; E.O. 11222 of 
May 8, 1965.

Subpart S--Informal Procedure for Adjudication of Small Claims

0
2. Revise Sec.  502.301(b) to read as follows:


Sec.  502.301  Statement of policy.

* * * * *
    (b) With the consent of both parties, claims filed under this 
subpart in the amount of $50,000 or less will be decided by a Small 
Claims Officer appointed by the Federal Maritime Commission's Chief 
Administrative Law Judge, without the necessity of formal proceedings 
under the rules of this part. Authority to issue decisions under this 
subpart is delegated to the appointed Small Claims Officer.
* * * * *


Sec.  502.304  [Amended]

0
3. Amend Sec.  502.304 by:
0
 a. In paragraphs (a), (d), (e), (g), and (h) removing the reference 
``Settlement Officer'' and adding the reference ``Small Claims 
Officer'' in its place; and
0
 b. In paragraphs (g) and (h) removing the reference ``Settlement 
Officer's'' and adding the reference ``Small Claims Officer's'' in its 
place.

Exhibit No. 1 to Subpart S of Part 502 [Amended]

0
 4. Amend Exhibit No. 1 to Subpart S, paragraph VII, by removing the 
reference ``Settlement Officer'' and adding the reference ``Small 
Claims Officer'' in its place.

Exhibit No. 2 to Subpart S of Part 502 [Amended]

0
 5. Amend Exhibit No. 2 to Subpart S, by removing the reference 
``Settlement Officer'' and adding the reference ``Small Claims 
Officer'' in its place.

    By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2014-18917 Filed 8-8-14; 8:45 am]
BILLING CODE 6730-01-P