[Federal Register Volume 88, Number 97 (Friday, May 19, 2023)]
[Rules and Regulations]
[Pages 32141-32142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10751]


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FEDERAL MARITIME COMMISSION

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

[Docket No. FMC-2023-0009]
RIN 3072-AC96


Update of Existing FMC User Fees

AGENCY: Federal Maritime Commission.

ACTION: Direct final rule; confirmation of effective date.

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SUMMARY: On March 21, 2023, the Federal Maritime Commission 
(Commission) published a direct final rule, which notified the public 
of our intent to update its current user fees and amend the relevant 
regulations to reflect these updates, pursuant to Office of Management 
and Budget (OMB) Circular A-25. The direct final rule stated that it 
would increase some fees to reflect increases in salaries of employees 
assigned to certain fee-generating services. For one service, the rule 
would lower fees because less-senior employees are assigned to the fee-
generating activity. The rule will go into effect as scheduled.

DATES: The effective date of the direct final rule published at 88 FR 
16894 on March 21, 2023, is confirmed as June 5, 2023.

FOR FURTHER INFORMATION CONTACT: William Cody, Secretary; Phone: (202) 
523-5908; Email: [email protected].

SUPPLEMENTARY INFORMATION: The Commission received four comments in 
response to the direct final rule (DFR) titled ``Update of Existing FMC 
User Fees.'' Three of the four comments received did not include 
information relevant to this rulemaking. One comment addressed the 
substance of the DFR. None of the comments received were significant 
adverse comments nor were they within the scope of the rulemaking.
    In the comment from Atlantic Pacific Tariffs, Inc. (AP Tariffs), AP 
Tariffs states that it opposes the proposed increase in fees. However, 
AP Tariffs's comment is not a significant adverse comment. AP Tariffs 
takes issue with proposed increases in fees for new U.S.-based company 
license applications and argues this would exacerbate the troubling 
trend of predominantly foreign companies obtaining Commission 
registrations. The DFR cannot address this concern because the fees are 
the same for all applicants regardless of whether an applicant is U.S.-
based or foreign. Thus, the commenter seems to be asking for different 
fees for U.S.-based versus foreign entities to prioritize the interests 
of U.S.-based companies. Because this rule does not address substantive 
changes to the underlying regulations and who should be subject to the 
fee, this argument is outside the scope of the DFR.
    AP Tariffs also argues that increasing the fees would create a 
financial burden for aspiring American companies seeking to enter the 
maritime industry, would be counterproductive to fostering domestic 
entrepreneurship, and would exacerbate the trend of foreign entities 
obtaining Commission registrations at the expense of U.S. based 
companies. AP Tariffs argues that the Commission should reconsider any 
fee increases for new U.S.-based companies and prioritize the interests 
of U.S. based companies. All of these comments are outside the scope of 
the User Fees rule because they do not challenge the

[[Page 32142]]

methodology of calculating the fees, which is the focus of this rule.
    Finally, AP Tariffs argues that the Commission should incrementally 
increase fees as the agency does in the Inflation Adjustment of Civil 
Monetary Penalties rule. The Commission already increases these fees 
incrementally by issuing biennial updates, consistent with the guidance 
in OMB Circular A-25.
    In the DFR, the Commission noted that ``the scope of the rulemaking 
is limited to the amounts charged for Commission services, and any 
substantive changes to the underlying regulations governing those 
services or related requirements would be outside this scope. 
Accordingly, comments on the underlying regulations and related 
requirements will not be considered adverse. Filed comments that are 
not adverse may be considered for modifications to the Commission's 
regulations at a future date.'' 88 FR 16894, 16896, (Mar. 21, 2023). As 
such, the Commission will take into consideration the changes mentioned 
in this comment when considering future substantive changes to the 
underlying regulations.
    For the foregoing reasons, none of the comments received are 
considered significant adverse comments. The DFR will therefore go into 
effect as scheduled.

    By the Commission.
William Cody,
Secretary.
[FR Doc. 2023-10751 Filed 5-18-23; 8:45 am]
BILLING CODE 6730-02-P