[Federal Register: March 3, 2005 (Volume 70, Number 41)]
[Rules and Regulations]
[Page 10328-10332]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03mr05-5]
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FEDERAL MARITIME COMMISSION
46 CFR Parts 502, 503, 515, 520, 530, 535, 540, 550, 555, and 560
RIN 3072-AC27
[Docket No. 04-11]
Update of Existing and Addition of New Filing Fees
AGENCY: Federal Maritime Commission.
ACTION: Final rule.
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SUMMARY: The Federal Maritime Commission (``Commission'') revises 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 establishing a separate
fee for the filing of terminal exempt agreements.
DATES: Effective on April 4, 2005.
FOR FURTHER INFORMATION CONTACT: Bryant L. VanBrakle, Secretary,
Federal Maritime Commission, 800 North Capitol Street, NW., Washington,
DC 20573-0001. E-mail: secretary@fmc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 31, 2004, the Commission published in the Federal
Register a notice of proposed rulemaking (``NPR''), 69 FR 53027, in
Docket No. 04-11, Update of Existing and Addition of New Filing Fees.
This NPR proposed to update the Commission's current filing and service
fees which have been in effect since July 15, 2002, and are no longer
representative of the Commission's actual costs for providing such
services. Fee increases primarily reflected increases in salary and
indirect (overhead) costs. For some services, the increase in
processing or review time accounted in part for the increase in the
level of fees. For other services, fees were lower due to overall
reduced costs to provide those services.
The Commission also established 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 proposed to establish a
separate filing fee for terminal exempt agreements to reflect better
the difference in processing times.
II. Comments
The Commission received one comment, from B. Sachau, a private
citizen. The commenter suggested that fees should be much higher
because, since 2002, everything has gone up by a commenter-estimated
one hundred percent. The commenter also suggested that fees should be
updated annually, and that all fees should be a minimum of $550, except
for document searches, which should cost $8.00 per hour maximum.
Further, the commenter suggested that it should not cost anything to
have one's name on a mailing list for specific dockets.
III. Discussion
The Commission followed established OMB guidelines enumerated in
OMB Circular A-25 (``Circular'') when developing its user fee schedule.
The Circular provides that costs be determined from agency records, and
that costs cover the direct and indirect costs to the Government of
carrying out an activity, including, but not limited to, personnel
costs, physical overhead, management and supervisory costs, and the
costs of enforcement, collection, search, establishment of standards
and regulations, etc. This method of determining fees addresses the
concern raised in the comment that fees pay for the operation of the
agency. With regard to specific fee suggestions in the comments, no
documentary basis is provided for setting fees at an arbitrary minimum,
for increasing fees beyond those proposed in the NPR, for setting
document search costs at a certain maximum amount, or for providing
mailing list services for no fee. As the Commission followed standard
Government guidelines in developing its fees and the comment provides
no basis for their modification, the fees set out in the NPR will be
made final.
This Final Rule reflects changes in certain CFR section numbers and
Commission bureau names which were put into effect in other Commission
rulemakings which became final after the NPR was issued in this
proceeding.
The Commission intends to update its fees biennially in keeping
with OMB guidance. In updating its fees, the Commission will
incorporate changes in employee salaries into direct labor costs
associated with its services, and recalculate its indirect costs
(overhead) based on the 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 has certified
that the rule will not have a significant economic impact on a
substantial number of small entities. As stated in the NPR, while the
Commission recognized that the 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 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 in the rule will not have a
harmful effect on entities within the
[[Page 10329]]
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. No comments
disputed the Commission's certification. The certification, therefore,
remains in effect.
This regulatory action was not subject to OMB review under
Executive Order 12866, dated September 30, 1993. This regulatory action
is not a ``major rule'' under 5 U.S.C. 804(2). 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 555
Administrative practice and procedure, Investigations, Maritime
carriers.
46 CFR Part 560
Administrative practice and procedure, Maritime carriers.
0
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
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; 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
0
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
0
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.
* * * * *
0
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.
* * * * *
0
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
0
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
0
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
0
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
0
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).
0
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 $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. * * *
[[Page 10330]]
(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
0
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.
* * * * *
PART 515--LICENSING, FINANCIAL RESPONSIBILITY REQUIREMENTS, AND
GENERAL DUTIES FOR OCEAN TRANSPORTATION INTERMEDIARIES
0
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
0
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 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
0
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 $108 by contacting the
Bureau of Certification and Licensing, Federal Maritime Commission,
Washington, DC 20573. * * *
PART 520--CARRIER AUTOMATED TARIFFS
0
15. 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.
0
16. 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
0
17. 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--Filing Requirements
0
18. Section 530.10(c), introductory text, is revised to read as
follows:
Sec. 530.10 Amendment, correction, cancellation, and electronic
transmission.
* * * * *
(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--OCEAN COMMON CARRIER AND MARINE TERMINAL OPERATOR
AGREEMENTS SUBJECT TO THE SHIPPING ACT OF 1984
0
19. 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
0
20. In Sec. 535.401, paragraphs (g) and (h) are revised to read as
follows:
Sec. 535.401 General requirements.
* * * * *
(g) 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.
(h) The fee for the Commission's agreement database report is $6.
PART 540--PASSENGER VESSEL FINANCIAL RESPONSIBILITY
0
21. 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
0
22. 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.
* * * * *
[[Page 10331]]
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
0
23. 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
0
24. 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 D--Petitions for Section 19 Relief
0
25. 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
0
26. 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.
0
27. 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
0
28. 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.
0
29. 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.
Note: The following appendix will not appear in the Code of
Federal Regulations.
Federal Maritime Commission Summary of Fees
[Effective April 4, 2005]
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CFR reference Application or service Current fee
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PART 502--Rules of Practice and Procedure
----------------------------------------------------------------------------------------------------------------
502.51(a)................................. Petitions............................................. 241.00
502.68(a)(3).............................. Declaratory Orders.................................... ............
502.69(b)................................. Petitions............................................. ............
502.271(d)(5)............................. Special Dockets....................................... 77.00
502.62(g)................................. Formal Complaints..................................... 221.00
502.182................................... ...................................................... ............
502.304(b)................................ Informal Procedures................................... 67.00
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PART 503--Public Administration
----------------------------------------------------------------------------------------------------------------
503.43(c)(1), (2), (3).................... Search, review and copying of documents 5 cents per Various
page with min. $4.75 $19/hour clerical/administrative
personnel $48/hour for professional/executive
personnel $79/hour FOIA review $19/minimum charge for
record search.
503.43(c)(4).............................. Validation of Documents............................... 94.00
503.69(b)(1)(2)........................... ...................................................... ............
503.43(d)................................. Mailing List.......................................... 9.00
503.43(e)................................. Non-Attorney Admission to Practice.................... 104.00
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[[Page 10332]]
PART 515--Licensing, Financial Responsibility Requirements, and General Duties for Ocean Transportation
Intermediaries
----------------------------------------------------------------------------------------------------------------
515.5(b)(1)............................... Application for License............................... 825.00
515.5(b)(3)............................... Supplementary Investigation........................... 225.00
515.5(b)(2)............................... Application for Status Change or License Transfer..... 525.00
515.34.................................... Sale to Public of RPI................................. 108.00
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PART 520--Carrier Automated Tariffs
----------------------------------------------------------------------------------------------------------------
520.14(c)(1).............................. Application for Special Permission.................... 195.00
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PART 530--Service Contracts
----------------------------------------------------------------------------------------------------------------
530.10(c)................................. Clerical Errors on Service Contracts.................. 315.00
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PART 535--Agreements by Ocean Common Carriers and Other Persons Subject to the Shipping Act of 1984
----------------------------------------------------------------------------------------------------------------
535.401(g)................................ New Agreement Requiring Commission Review............. 1,780.00
535.401(g)................................ Agreement Amendments Requiring Commission Review...... 851.00
535.401(g)................................ Agreement Filing Review under Delegated Authority..... 397.00
535.401(g)................................ Carrier Exempt Agreement Filings...................... 138.00
535.401(g)................................ Terminal Exempt Agreement Filings..................... 75.00
535.401(h)................................ Database Report on Effective Carrier Agreements....... 6.00
-------------------------------------------
PART 540--Passenger Vessel Financial Responsibility
----------------------------------------------------------------------------------------------------------------
540.4(b).................................. Passenger Vessel Certificate (Performance)............ 2,767.00
Addition or substitution of vessel.................... 1,382.00
540.23(b)................................. Passenger Vessel Certificate (Casualty)............... 1,206.00
Addition or substitution of vessel.................... 605.00
-------------------------------------------
PART 550--Regulations To Adjust or Meet Conditions Unfavorable to Shipping in the Foreign Trade of the United
States
----------------------------------------------------------------------------------------------------------------
550.402................................... Petitions............................................. 241.00
-------------------------------------------
PART 555--Actions To Address Adverse Conditions Affecting U.S.-Flag Carriers That Do Not Exist for Foreign
Carriers in the United States
----------------------------------------------------------------------------------------------------------------
555.4(a).................................. Petitions............................................. 241.00
-------------------------------------------
PART 560--Actions To Address Conditions Unduly Impairing Access of U.S.-Flag Vessels to Ocean Trade Between
Foreign Ports
----------------------------------------------------------------------------------------------------------------
560.3(a)(2)............................... Petitions............................................. 241.00
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[FR Doc. 05-4027 Filed 3-2-05; 8:45 am]
BILLING CODE 6730-01-P