[Federal Register Volume 80, Number 184 (Wednesday, September 23, 2015)]
[Rules and Regulations]
[Pages 57305-57307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24087]


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FEDERAL MARITIME COMMISSION

46 CFR Part 502

[Docket No. 15-09]
RIN 3072--AC62


Amendments to Rules of Practice and Procedure Governing Time and 
Service in Adjudicatory Proceedings

AGENCY: Federal Maritime Commission.

ACTION: Direct final rule; request for comments.

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SUMMARY: The Federal Maritime Commission proposes to amend its rules of 
practice and procedure concerning time and service in adjudicative 
proceedings. These revisions improve consistency across various 
processes and increase efficiency for parties to proceedings.

DATES: This rule is effective November 30, 2015, without further 
action, unless significant adverse comments are filed prior to October 
30, 2015. If significant adverse comment is received the Federal 
Maritime Commission will publish a timely withdrawal in the Federal 
Register.

ADDRESSES: You may submit comments, identified by the docket number in 
the heading of this document, by any of the following methods:
     Email: [email protected]. Include in the subject line: 
``Docket No. 15-09, Comments on Amendments to Rules of Practice and 
Procedure Governing Time and Service.'' Comments should be attached to 
the email as a Microsoft Word or text-searchable PDF document. Comments 
containing confidential information should not be submitted by email.
     Mail: Karen V. Gregory, Secretary, Federal Maritime 
Commission, 800 North Capitol Street NW., Washington, DC 20573-0001.
     Docket: To read background documents or comments received 
in response to this docket, go to: http://www.fmc.gov/electronic_reading_room/proceeding_or_inquiry_log_search.aspx; and 
select Docket No. 15-09 from the list of docket logs provided.

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

SUPPLEMENTARY INFORMATION: The Federal Maritime Commission (FMC or 
Commission) is amending its rules of practice and procedure concerning 
time and service in adjudicatory proceedings.

Computation of Time

    Currently the rules set out a variety of different formulas and 
conventions for computing time. Section 502.101 of Subpart G specifies 
that in computing periods of time under the rules, Saturdays, Sundays, 
and holidays should be counted, but that ``[w]hen the period of time 
prescribed or allowed is less than seven (7) days, intermediate 
Saturdays, Sundays, or national holidays shall be excluded from the 
computation.'' Throughout part 502 various sections reference a five 
(5) day deadline but do not cross-reference Sec.  502.101, which may 
create confusion. For consistency and to streamline and simplify the 
rules, the provision excluding weekends and holidays when a deadline is 
less than seven (7) days is removed, and all 5-day periods set out in 
part 502 are extended to seven (7) days. Consequently, all time periods 
will be calculated in the same manner by counting calendar days 
inclusive of weekends and holidays. In addition, language in Sec.  
502.101 is simplified to provide that ``[i]f the last day is a 
Saturday, Sunday or federal holiday, the period continues to the next 
day that is not a Saturday, Sunday or federal holiday.''
    Subpart G is also revised to simplify the structure of the rules. 
For example, the rules for enlargement and reduction of time to file 
documents currently found in Sec. Sec.  502.102 and 502.103 are 
consolidated into Sec.  502.102. Section 502.102 is also amended to 
reflect current Commission practice and standards for granting motions 
to enlarge time. As amended, Sec.  502.102 would require that a party 
must have ``reasonable grounds'' for failing to file a motion for 
enlargement of time at least seven (7) days before the filing due date. 
Section 502.104 is similarly amended.
    Rules on enlargement of time to file briefs and exceptions found at 
Sec. Sec.  502.222 and 502.228 are amended because new Sec.  502.102 
covers the relevant requirements. Section 502.319 is revised to 
duplicate the requirements of Sec.  502.102 to apply to formal 
procedures for adjudication of small claims.

Service of Documents

    The service rules in Subpart H are revised to add references to 
service by email, and to encourage parties consistently to use of the 
same manner of service between parties, as that used to file documents 
with the Commission. The service rules are also rewritten and 
reorganized for clarity and ease of use.

Regulatory Analysis and Notices

Regulatory Flexibility Act

    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.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3521, requires 
an agency to seek and receive approval from the Office of Management 
and Budget (OMB) before making most requests for information if the 
agency is requesting information from more than ten persons. 44 U.S.C. 
3507. The agency must submit collections of information in proposed 
rules to OMB in conjunction with the publication of the proposed 
rulemaking. 5 CFR 1320.11. The Commission is not proposing any 
collections of information, as defined by 44 U.S.C. 3502(3) and 5 CFR 
1320.3(c), as part of this rule.

Regulation Identifier Number

    The Commission assigns a regulation identifier number (RIN) to each 
regulatory action listed in the Unified

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Agenda of Federal Regulatory and Deregulatory Actions (Unified Agenda). 
The Regulatory Information Service Center publishes the Unified Agenda 
in April and October of each year. You may use the RIN contained in the 
heading at the beginning of this document to find this action in the 
Unified Agenda, available at: http://www.reginfo.gov/public/do/eAgendaMain

Direct Final Rule Justification

    The Commission expects the amendments to be noncontroversial. 
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 regulations, 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.

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 set forth in the preamble, the Federal Maritime 
Commission proposes to amend 46 CFR part 502 as follows:

PART 502--RULES OF PRACTICE AND PROCEDURE

0
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; 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; 5 CFR part 2635.


0
2. Revise Subpart G to read as follows:

Subpart G--Time

Sec.
502.101 Computation.
502.102 Enlargement or reduction of time to file documents.
502.103 [Reserved]
502.104 Postponement of hearing.
502.105 Waiver of rules governing enlargement of time and 
postponement of hearings.


Sec.  502.101  Computation.

    In computing any time period prescribed or allowed under the rules 
in this part, the period begins on the day following the act, event, or 
default that triggers the period and includes the last day of the time 
period. If the last day is a Saturday, Sunday, or Federal holiday, the 
time period continues to the next day that is not a Saturday, Sunday, 
or federal holiday. If the presiding officer prescribes or allows an 
act, event, or default by reference to a specific date, that date shall 
govern. If the Commission's offices are inaccessible on the last day 
for a filing, the time for filing is extended to the first accessible 
day that is not a Saturday, Sunday, or Federal holiday. [Rule101]


Sec.  502.102  Enlargement or reduction of time to file documents.

    (a) Motions for enlargement or reduction of time for the filing of 
any pleading or other document, or in connection with the procedures of 
subpart L of this part, may be granted upon a showing of good cause. 
Motions must set forth the reasons for the request and be received at 
least seven (7) days before the scheduled filing date. Motions filed 
less than seven (7) days before the scheduled filing date may be 
considered where reasonable grounds are found for the failure to meet 
this requirement.
    (b) Motions submitted after the scheduled filing date will be 
considered a request to accept late filing and must be accompanied by 
the document. These motions will only be considered when exceptional 
circumstances are shown or as justice may require.
    (c) Motions and responses to motions filed under this section are 
subject to the requirements of Sec. Sec.  502.69 and 502.71, except 
that responses to motions must be served and filed within five (5) days 
after the date of service of the motion. [Rule 102.]


Sec.  502.103  [Reserved]


Sec.  502.104  Postponement of hearing.

    (a) Motions for postponement of any hearing date may be granted 
upon a showing of good cause. Motions must set forth the reasons for 
the request and be received at least seven (7) days before the 
scheduled hearing date. Motions filed less than seven (7) days before 
the scheduled hearing date may be considered where reasonable grounds 
are found for the failure to meet this requirement.
    (b) Motions and responses filed under this section are subject to 
the requirements of Sec. Sec.  502.69 and 502.71, except that responses 
to motions must be served and filed within five (5) days after the date 
or service of the motion. [Rule 104.]


Sec.  502.105  Waiver of rules governing enlargement of time and 
postponement of hearings.

    Except as otherwise provided by law the presiding officer, for good 
cause, may reduce or enlarge any time limit prescribed in the rules of 
this Part, may waive the requirements of Sec. Sec.  502.102 and 502.104 
for replies, and may rule ex parte on requests submitted under those 
rules. [Rule 105.]

Subpart H--Service of Documents

0
3. Revise Sec.  502.114 to read as follows:


Sec.  502.114  Serving documents in Commission proceedings.

    (a) Except where a different method of service is specifically 
required by the rules in this Part, all pleadings, documents and papers 
of every kind (except requests for subpoenas under Sec.  502.145, 
documents served by the Commission under Sec.  502.113, and documents 
submitted at a hearing or prehearing conference) in proceedings before 
the Commission, when delivered to the Commission or the presiding 
officer for filing, must show that service has been made upon all 
parties to the proceeding and upon any other persons required to be 
served by the rules in this Part. Such service must be made by 
delivering one copy to each party; by email; in-person hand delivery; 
or United States mail service, and be properly addressed with postage 
prepaid; by courier; or by facsimile. Service should be made in the 
same manner in which any pleading or document is filed with the 
Commission. For example, if a pleading is filed by email pursuant to 
Sec.  502.2(f)(3), service should also be made by email.
    (b) When a party has appeared by attorney or other representative, 
service upon each attorney or other representative of record will be 
deemed service upon the party, except that, if two or more attorneys of 
record are partners or associates of the same firm, only one of them 
need be served.

0
4. Revise Sec.  502.115 to read as follows:


Sec.  502.115  Service in rulemaking and petition proceedings.

    Service on all prior participants in a rulemaking or a petition 
proceeding must be shown when submitting comments or replies beyond the 
initial round, including those involving

[[Page 57307]]

disposition of petitions for rulemaking (Rule 51), petitions for 
declaratory order (Rule 75), petitions general (Rule 76), notices of 
proposed rulemaking (Rule 52), proceedings under section 19 of the 
Merchant Marine Act, 1920, (46 U.S.C. 42101) (Part 550), and 
proceedings under section 13(b)(6) of the Shipping Act of 1984 (46 U. 
S.C. 41108(d)) (Part 560). A list of all participants may be obtained 
from the Secretary of the Commission.

0
5. Revise Sec.  502.116 to read as follows:


Sec.  502.116  Date of service.

    The date of service of documents served by the Commission will be 
the date shown in the service stamp placed on the first page of the 
document. The date of service of documents served by parties will be 
the date when the document served is transmitted by email, deposited in 
the United States mail, delivered to a courier, or delivered in person. 
If service is made by more than one method, for example email and also 
U.S. mail service, the date of service will be the earlier of the two 
dates. In computing the time from such dates, the provisions of Sec.  
502.101 shall apply. [Rule 116.]

Subpart M--Briefs; Requests for Findings; Decisions; Exceptions

0
6. Revise Sec.  502.222 to read as follows:


Sec.  502.222  Requests for enlargement of time for filing briefs.

    Requests for enlargement of time to file briefs shall conform to 
the requirements of Sec.  502.102.

0
7. Revise Sec.  502.228 to read as follows:


Sec.  502.228  Request for enlargement of time to file exceptions and 
replies to exceptions.

    Requests for enlargement of time to file exceptions, and briefs in 
support of such exceptions, or replies to exceptions, must conform to 
the applicable provisions of Sec.  502.102. Any enlargement of time 
granted will automatically extend by the same period, the date for the 
filing of notice or review by the Commission. [Rule 228.]

Subpart T--Formal Procedure and Adjudication of Small Claims

0
8. Revise Sec.  502.319 to read as follows:


Sec.  502.319  Date of service and computation of time.

    (a) The date of service of documents served by the Commission will 
be the date shown in the service stamp placed on the first page of the 
document. The date of service of documents served by parties will be 
the date when the document served is transmitted by email, deposited in 
the United States mail, delivered to a courier, or delivered in person. 
If service is made by more than one method, for example email and also 
U.S. mail service, the date of service will be the earlier of the two 
actions. In computing the time from such dates, the provisions of Sec.  
502.101 shall apply. [Rule 319.]
    (b) In computing any time period prescribed or allowed under the 
rules in this Part, the period begins on the day following the act, 
event, or default that triggers the period and includes the last day of 
the time period. If the last day is a Saturday, Sunday, or federal 
holiday, the time period continues to the next day that is not a 
Saturday, Sunday, or federal holiday. If the presiding officer 
prescribes or allows an act, event, or default by reference to a 
specific date, that date will govern. If the Commission's offices are 
inaccessible on the last day for a filing, the time for filing is 
extended to the first accessible day that is not a Saturday, Sunday, or 
federal holiday.


Sec. Sec.  502.113, 502.132, 502.135, 502.201, 502.221, 502.227, 
502.228, and 502.408  [Amended]

0
9. In addition to the amendments set forth above, in 46 CFR part 502 
remove the words ``five (5) days'' or ``five days'' or ``5 days'' and 
add, in their place, the words ``seven (7) days'' in the following 
places:
0
a. Section 502.132(c);
0
b. Section 502.135(a);
0
c. Section 502.201(c);
0
d. Section 502.221(f);
0
e. Section 502.222;
0
f. Section 502.227(e);
0
i. Section 502.228; and
0
j. Section 502.408(a)

    By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2015-24087 Filed 9-22-15; 8:45 am]
 BILLING CODE 6731-AA-P