[Federal Register: August 31, 2004 (Volume 69, Number 168)]
[Proposed Rules]
[Page 53027-53031]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31au04-23]
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FEDERAL MARITIME COMMISSION
46 CFR Parts 502, 503, 515, 520, 530, 535, 540, 550, 555, and 560
[Docket No. 04-11]
RIN 3072-AC27
Update of Existing and Addition of New Filing 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
license 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 is adding a separate fee
for the filing of terminal exempt agreements.
DATES: Comments are due by September 29, 2004.
ADDRESSES: Address comments to:
Bryant L. VanBrakle, Secretary, Federal Maritime Commission, 800
North Capitol Street, NW., Washington,
[[Page 53028]]
DC 20573-0001, E-mail: secretary@fmc.gov.
FOR FURTHER INFORMATION CONTACT: Thomas B. Stephens, Presidential
Management Fellow, Office of the Executive Director, Federal Maritime
Commission, 800 North Capitol Street, NW., Washington, DC 20573-0001,
(202) 523-5800, E-mail: executivedirector@fmc.gov.
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, the 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 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, and
(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 July 15, 2002, 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
in 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 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 $0.53. The
indirect costs include Government 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, Program and 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.
As part of the process described above, the Commission has decided
to establish a separate fee for terminal exempt agreements. Currently,
the Commission maintains the same filing fee for carrier and terminal
exempt agreements; however, terminal exempt agreements generally
require less processing time than carrier exempt agreements.
Consequently, the Commission has decided to establish a separate filing
fee for terminal exempt agreements to reflect better the difference in
processing times.
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.
In accordance with the Regulatory Flexibility Act, 5 U.S.C. 601 et
seq., the Chairman of the Federal Maritime Commission certifies that
the proposed rule, if promulgated, will not have a significant economic
impact on a substantial number of small entities. While the Commission
recognizes that the proposed rule may impact businesses that qualify as
small entities under Small Business Administration guidelines, the
Commission is required to assess recipients of specific governmental
services reasonable charges to recover the costs of providing these
services. The charges in the proposed rule reflect the costs of
specific Commission services mandated by statute, and these services
benefit the shipping industry and the foreign commerce of the United
States. The Commission believes that the charges proposed in the rule
will not have a harmful effect on entities within the Commission's
jurisdiction, the general public, or the U.S. economy. Furthermore, the
Commission's regulations provide for waiver or reduction of any charge
in extraordinary situations pursuant to 46 CFR 503.41. Requests for fee
waiver or reduction are to be made to the Secretary of the Commission,
and should demonstrate either that the waiver or reduction is in the
best interest of the public or that imposition of the fee would impose
an undue hardship.
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,
[[Page 53029]]
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 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
amends 46 CFR Parts 502, 503, 515, 520, 530, 535, 540, 550, 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 $241
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 $221
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 $241 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 $241 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 $221
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) * * *
(5) Applications must be accompanied by remittance of a $77 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 $67
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), paragraphs (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 $19 per hour and by professional/executive personnel at a
rate of $48 per hour.
(ii) Minimum charge for record search is $19.
(2) Charges for review of records to determine whether they are
exempt from disclosure under Sec. 503.33 shall be assessed to recover
full costs at the rate of $79 per hour. * * *
(3) * * *
(ii) By Commission personnel, at the rate of five cents per page
(one side) plus $19 per hour.
(iii) Minimum charge for copying is $4.75.
* * * * *
(4) The certification and validation (with Federal Maritime
Commission seal) of documents filed with or issued by the Commission
will be available at $94 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: $9 per proceeding.
(e) Applications for admission to practice before the Commission
for persons not attorneys at law must be accompanied by a fee of $104
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 $94 for each certification.
* * * * *
[[Page 53030]]
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 Part 515 revise all references to the ``Bureau of Consumer
Complaints and Licensing'' to read ``Bureau of Certification and
Licensing.''
14. 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 Web site at http://www.fmc.gov, the Director, Bureau of
Certification and Licensing, Federal Maritime Commission, Washington,
DC 20573, or from any of the Commission's area representatives.
(b) * * *
(1) Application for license as required by Sec. 515.12(a): $825;
(2) Application for status change or license transfer as required
by Sec. Sec. 515.18(a) and 515.18(b): $525; and
(3) Supplementary investigations required by Sec. 515.25(a): $225.
Subpart D--Duties and Responsibilities of Ocean Transportation
Intermediaries; Reports to Commission
15. 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 $108 by contacting the Bureau of
Certification and Licensing, Federal Maritime Commission, Washington,
DC 20573. * * *
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 Trade Analysis and be accompanied by a filing fee of $195.
* * * * *
PART 530--SERVICE CONTRACTS
18. 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
19. Section 530.10(c), introductory text, is revised to read as
follows:
Sec. 530.10 Amendment, correction cancellation, and electronic
transmission errors.
* * * * *
(c) Corrections. Requests shall be filed, in duplicate, with the
Commission's Office of the Secretary within forty-five (45) days of the
contract's filing with the Commission, accompanied by remittance of a
$315 service fee, and shall include:
* * * * *
PART 535--AGREEMENTS BY OCEAN COMMON CARRIERS AND OTHER PERSONS
SUBJECT TO THE SHIPPING ACT OF 1984
20. 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
21. In Sec. 535.401, paragraphs (f) and (g) are revised to read as
follows:
Sec. 535.401 General requirements.
* * * * *
(f) Fees. The filing fee is $1,780 for new agreements requiring
Commission review and action; $851 for agreement modifications
requiring Commission review and action; $397 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); $138 for carrier exempt agreements; and $75 for terminal
exempt agreements.
(g) The fee for the Commission's agreement database report is $6.
PART 540--PASSENGER VESSEL FINANCIAL RESPONSIBILITY
22. 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
23. 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
$2,767. 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 $1,382.
* * * * *
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
24. 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
$1,206. 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 $605.
* * * * *
PART 550--REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO
SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES
25. 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.
[[Page 53031]]
Subpart D--Petitions for Section 19 Relief
26. 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 $241
filing fee.
PART 555--ACTIONS TO ADDRESS ADVERSE CONDITIONS AFFECTING U.S.-FLAG
CARRIERS THAT DO NOT EXIST FOR FOREIGN CARRIERS IN THE UNITED
STATES
27. 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.
28. In Sec. 555.4, paragraph (a) is 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 $241 filing fee.
* * * * *
PART 560--ACTIONS TO ADDRESS CONDITIONS UNDULY IMPAIRING ACCESS OF
U.S.-FLAG VESSELS TO OCEAN TRADE BETWEEN FOREIGN PORTS
29. 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.
30. 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 $241 filing fee.
* * * * *
By the Commission.
Bryant L. VanBrakle,
Secretary.
[FR Doc. 04-19772 Filed 8-30-04; 8:45 am]
BILLING CODE 6730-01-P