80 FR 14318 - Amendments to Rules Governing Service of Private Party Complaints and Documents Containing Confidential Materials

FEDERAL MARITIME COMMISSION

Federal Register Volume 80, Issue 53 (March 19, 2015)

The Federal Maritime Commission proposes to amend its rules governing service of private party complaints and the filing of documents containing confidential material. These revisions will add clarifying instructions for parties to proceedings.

[Federal Register Volume 80, Number 53 (Thursday, March 19, 2015)]
[Rules and Regulations]
[Pages 14318-14319]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06239]


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FEDERAL MARITIME COMMISSION

46 CFR Part 502

[Docket No. 15-01]
RIN 3072-AC59


Amendments to Rules Governing Service of Private Party Complaints 
and Documents Containing Confidential Materials

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 
governing service of private party complaints and the filing of 
documents containing confidential material. These revisions will add 
clarifying instructions for parties to proceedings.

DATES: This rule will become effective June 24, 2015 unless significant 
adverse comments are filed prior to May 26, 2015.

ADDRESSES: Address all comments concerning this proposed rule to: Karen 
V. Gregory, Secretary, Federal Maritime Commission, 800 North Capitol 
Street NW., Washington, DC 20573-0001, Phone: (202) 523-5725, Email: 
[email protected].

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: 

46 CFR 502.5

    The Commission proposes to amend Sec.  502.5 of title 46 of the 
Code of Federal Regulations in order to instruct parties on how to 
request confidential treatment of their documents and how to mark 
confidential material. The revision requires segregation and clear 
marking of confidential and non-confidential information. The current 
confidentiality provisions in part 502 will benefit from a more 
consistent format.
    The revisions also correct an erroneous reference to Sec.  
502.201(i)(1)(vii) in the introductory text to Sec.  502.5. The 
reference to Sec.  502.201(i)(1)(vii) in the introductory text was 
intended to refer to confidential information within protective orders, 
but the currently cited provision does not exist. The revision corrects 
the citation to Sec.  502.201(j)(1)(vii).

46 CFR 502.113

    The Commission proposes to amend Sec.  502.113 of title 46 of the 
Code of Federal Regulations concerning service of private party 
complaints. 46 U.S.C. 41301 requires the Commission to ``provide a copy 
of the complaint to the person named in the complaint.'' This revision 
would clarify and memorialize that the Commission will use U.S. mail or 
express mail to serve the complaint. A notice is published, and will 
continue to be published, in the Federal Register for each private 
party complaint for formal adjudication that is filed with the 
Commission. Additionally, a full copy of the formal complaint is 
available on the Commission's Web site, www.fmc.gov, and available in 
the Commission's Docket Library. The proposed rule continues to allow 
for alternative service by other means by the Complainant but specifies 
that it may only do so after the complaint has been filed with the 
Commission and must inform the Commission of the method, time, and 
place of service. To conform to this clarification, 46 CFR 502.62(b)(1) 
is amended to clarify the time an answer to the complaint is due. 
Sections 502.304 and 502.305 are also revised to reflect that the 
Secretary will also serve small claims complaints filed pursuant to 46 
CFR subpart S.

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 amends 46 CFR part 502 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 A--General Information

0
2. Revise Sec.  502.5 to read as follows:


Sec.  502.5  Documents containing confidential materials.

    Except as otherwise provided in the rules of this part, all filings 
that contain information for which confidential treatment is sought or 
information previously designated as confidential pursuant to 
Sec. Sec.  502.13, 502.167, 502.201(j)(1)(vii), or any other rules of 
this part, or for which a request for protective order pursuant to 
Sec.  502.201(j) is pending, are subject to the following requirements:
    (a) Two versions of filings. Two versions of documents must be 
filed if a document:
    (1) Contains information previously designated by the Commission or 
presiding officer as confidential; or
    (2) Contains information for which confidential treatment is 
sought. Except

[[Page 14319]]

as specified below, both versions must be filed in accordance with the 
requirements of Sec.  502.2.
    (i) Confidential version. The confidential filing must include a 
cover page marked ``Confidential-Restricted.'' The specific 
confidential information must be conspicuously and clearly marked on 
each page, for example by highlighting or bracing. If confidentiality 
will end on a date certain or upon the occurrence of an event, this 
must be stated on the cover, e.g., ``CONFIDENTIAL UNTIL [DATE],'' or 
``CONFIDENTIAL DURING JUDICIAL REVIEW.'' The confidential version of a 
document may be provided to the presiding officer by email but should 
not be filed with the Office of the Secretary by email.
    (ii) Public version. Within three business days of filing a 
confidential version of a filing, a public version must be filed. The 
public version must indicate on the cover page and on each affected 
page ``Public Version--confidential materials excluded.'' The public 
version must clearly indicate any information withheld, for example 
with blackout or braces, and its pagination and depiction of text on 
each page must be identical to that of the confidential version. For 
example, the confidential filing may read: ``On January 1, 2005, 
complainant entered into a {25{time}  year lease with respondent for a 
monthly rent of {$1,000{time} .'' The public version would read: ``On 
January 1, 2005, complainant entered into a { {time}  year lease with 
respondent for a monthly rent of { {time} .'' Public versions of 
confidential filings may be filed with the Secretary and presiding 
officer by email.
    (iii) Exhibits. Confidential information in exhibits should be 
marked as specified above. If marking within the text is not feasible, 
individual pages may be replaced in the public version with a page 
indicating that confidential material is excluded. Entire exhibits 
should not be excluded, only those pages containing confidential 
material.
    (b) Motion for confidential treatment. If confidentiality is sought 
for a filing containing information not previously designated as 
confidential by the Commission or presiding officer, the confidential 
filing must be accompanied by a motion justifying confidential 
treatment. This motion must identify the specific information in a 
document for which protection is sought and show good cause by 
demonstrating that the information is a trade secret or other 
confidential research, development, or commercial information pursuant 
to Sec.  502.201(j)(1)(vii). The burden is on the party that wants to 
protect the information to show good cause for its protection. A motion 
is not required for information, including personal privacy and 
financial account numbers, redacted pursuant to Sec.  502.13, Privacy 
protection for filings made with the Commission.
    (c) Use of confidential information. Confidential treatment 
afforded by this section is subject to the proviso that any information 
designated as confidential may be used by the administrative law judge 
or the Commission if deemed necessary to a decision in the proceeding. 
[Rule 5.]

Subpart E--Proceeding; Pleadings; Motions; Replies


Sec.  502.62  [Amended]

0
3. Amend Sec.  502.62(b)(1) by adding ``or the Complainant'' after the 
phrase ``service of the complaint by the Commission''.

0
4. Revise the heading for subpart H to read as follows:

Subpart H--Service of Documents

0
5. Revise Sec.  502.113 to read as follows:


Sec.  502.113  Service of private party complaints.

    (a) Complaints filed pursuant to Sec.  502.62, amendments to 
complaints (unless otherwise authorized by the presiding officer 
pursuant to Sec.  502.66(b)), small claims complaints filed pursuant to 
Sec.  502.304, and Complainant's memoranda filed in shortened procedure 
cases pursuant to Sec.  502.182, will be served by the Secretary of the 
Commission.
    (b) The Secretary will serve the complaint using first class mail 
or express mail service at the Respondent's address provided by the 
Complainant. If the complaint cannot be delivered, for example if the 
complaint is returned as undeliverable or not accepted for delivery, 
the Secretary will notify the Complainant.
    (c) Alternative service by Complainant. The Complainant may serve 
the Complaint at any time after it has been filed with the Commission. 
If Complainant serves the complaint, an affidavit setting forth the 
method, time and place of service must be filed with the Secretary 
within five days following service.
    (d) The presiding officer may dismiss a complaint that has not been 
served within thirty (30) days after the complaint was filed. [Rule 
113.]

Subpart S--Informal Procedure for Adjudication of Small Claims

0
6. Revise Sec.  502.304(d) to read as follows:


Sec.  502.304  Procedure and filing fee.

* * * * *
    (d) A copy of each claim filed under this subpart, with 
attachments, shall be served by the Secretary on the respondent named 
in the claim.
* * * * *
0
7. Revise Sec.  502.305(b) to read as follows:


Sec.  502.305  Applicability of other rules of this part.

* * * * *
    (b) The following sections in subparts A through Q of this part 
apply to situations covered by this subpart: Sec. Sec.  502.2(a) 
(Requirement for filing); 502.2(f)(1) (Email transmission of filings); 
502.2(i) (Continuing obligation to provide contact information); 502.7 
(Documents in foreign languages); 502.21 through 502.23 (Appearance, 
Authority for representation, Notice of appearance; substitution and 
withdrawal of representative); 502.43 (Substitution of parties); 
502.101 (Computation); 502.113 (Service of private party complaints); 
502.117 (Certificate of service); 502.253 (Interest in reparation 
proceedings); and 502.254 (Attorney's fees in reparation proceedings). 
[Rule 305.]

Karen V. Gregory,
Secretary.
[FR Doc. 2015-06239 Filed 3-18-15; 8:45 am]
 BILLING CODE 6730-01-P