80_FR_14371 80 FR 14318 - Amendments to Rules Governing Service of Private Party Complaints and Documents Containing Confidential Materials

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)

Page Range14318-14319
FR Document2015-06239

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 Issue 53 (Thursday, March 19, 2015) 
[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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: 
secretary@fmc.gov.

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: secretary@fmc.gov.

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

14318 Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations PART 180—[AMENDED] ■ 2. Amend § 180.910, by adding § 180.910 Inert ingredients used pre- and alphabetically the following inert post-harvest; exemptions from the ■ 1. The authority citation for part 180 ingredients to the table to read as requirement of a tolerance. continues to read as follows: follows: * * * * * Authority: 21 U.S.C. 321(q), 346a and 371. Inert ingredients Limits Uses * * * * * * * Sodium DL-lactate (CAS Reg. No. 72–17–3) ................................................................................ ........................................ Surfactant. * * * * * * * Sodium L-lactate (CAS Reg. No. 867–56–1) ................................................................................. ........................................ Surfactant. * * * * * * * [FR Doc. 2015–06373 Filed 3–18–15; 8:45 am] treatment of their documents and how revised to reflect that the Secretary will BILLING CODE 6560–50–P to mark confidential material. The also serve small claims complaints filed revision requires segregation and clear pursuant to 46 CFR subpart S. marking of confidential and non- List of Subjects in 46 CFR Part 502 FEDERAL MARITIME COMMISSION confidential information. The current confidentiality provisions in part 502 Administrative practice and 46 CFR Part 502 will benefit from a more consistent procedure, Claims, Equal access to format. justice, Investigations, Lawyers, [Docket No. 15–01] Maritime carriers, Penalties, Reporting The revisions also correct an RIN 3072–AC59 erroneous reference to and recordkeeping requirements. § 502.201(i)(1)(vii) in the introductory For the reasons set forth in the Amendments to Rules Governing text to § 502.5. The reference to preamble, the Federal Maritime Service of Private Party Complaints § 502.201(i)(1)(vii) in the introductory Commission amends 46 CFR part 502 as and Documents Containing text was intended to refer to follows: Confidential Materials confidential information within protective orders, but the currently cited PART 502—RULES OF PRACTICE AND AGENCY: Federal Maritime Commission. PROCEDURE ACTION: Direct final rule, request for provision does not exist. The revision comments. corrects the citation to ■ 1. The authority citation for part 502 § 502.201(j)(1)(vii). continues to read as follows: SUMMARY: The Federal Maritime 46 CFR 502.113 Authority: 5 U.S.C. 504, 551, 552, 553, Commission proposes to amend its rules 556(c), 559, 561–569, 571–596; 5 U.S.C. 571– governing service of private party The Commission proposes to amend 584; 18 U.S.C. 207; 28 U.S.C. 2112(a); 31 complaints and the filing of documents § 502.113 of title 46 of the Code of U.S.C. 9701; 46 U.S.C. 305, 40103–40104, containing confidential material. These Federal Regulations concerning service 40304, 40306, 40501–40503, 40701–40706, revisions will add clarifying of private party complaints. 46 U.S.C. 41101–41109, 41301–41309, 44101–44106; instructions for parties to proceedings. 41301 requires the Commission to E.O. 11222 of May 8, 1965. DATES: This rule will become effective ‘‘provide a copy of the complaint to the June 24, 2015 unless significant adverse person named in the complaint.’’ This Subpart A—General Information comments are filed prior to May 26, revision would clarify and memorialize that the Commission will use U.S. mail ■ 2. Revise § 502.5 to read as follows: 2015. or express mail to serve the complaint. § 502.5 Documents containing confidential ADDRESSES: Address all comments A notice is published, and will continue materials. concerning this proposed rule to: Karen to be published, in the Federal Register Except as otherwise provided in the V. Gregory, Secretary, Federal Maritime for each private party complaint for rules of this part, all filings that contain Commission, 800 North Capitol Street formal adjudication that is filed with the information for which confidential NW., Washington, DC 20573–0001, Commission. Additionally, a full copy treatment is sought or information Phone: (202) 523–5725, Email: of the formal complaint is available on previously designated as confidential secretary@fmc.gov. the Commission’s Web site, pursuant to §§ 502.13, 502.167, FOR FURTHER INFORMATION CONTACT: www.fmc.gov, and available in the 502.201(j)(1)(vii), or any other rules of Karen V. Gregory, Secretary, Federal Commission’s Docket Library. The this part, or for which a request for Maritime Commission, 800 North proposed rule continues to allow for protective order pursuant to § 502.201(j) Capitol Street NW., Washington, DC alternative service by other means by is pending, are subject to the following 20573–0001, Phone: (202) 523–5725, the Complainant but specifies that it requirements: Email: secretary@fmc.gov. may only do so after the complaint has (a) Two versions of filings. Two Rmajette on DSK2VPTVN1PROD with RULES SUPPLEMENTARY INFORMATION: been filed with the Commission and versions of documents must be filed if must inform the Commission of the a document: 46 CFR 502.5 method, time, and place of service. To (1) Contains information previously The Commission proposes to amend conform to this clarification, 46 CFR designated by the Commission or § 502.5 of title 46 of the Code of Federal 502.62(b)(1) is amended to clarify the presiding officer as confidential; or Regulations in order to instruct parties time an answer to the complaint is due. (2) Contains information for which on how to request confidential Sections 502.304 and 502.305 are also confidential treatment is sought. Except VerDate Sep<11>2014 15:06 Mar 18, 2015 Jkt 235001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\19MRR1.SGM 19MRR1

Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations 14319 as specified below, both versions must protection. A motion is not required for § 502.304 Procedure and filing fee. be filed in accordance with the information, including personal privacy * * * * * requirements of § 502.2. and financial account numbers, (d) A copy of each claim filed under (i) Confidential version. The redacted pursuant to § 502.13, Privacy this subpart, with attachments, shall be confidential filing must include a cover protection for filings made with the served by the Secretary on the page marked ‘‘Confidential-Restricted.’’ Commission. respondent named in the claim. The specific confidential information (c) Use of confidential information. * * * * * must be conspicuously and clearly Confidential treatment afforded by this ■ 7. Revise § 502.305(b) to read as marked on each page, for example by section is subject to the proviso that any follows: highlighting or bracing. If information designated as confidential confidentiality will end on a date may be used by the administrative law § 502.305 Applicability of other rules of certain or upon the occurrence of an judge or the Commission if deemed this part. event, this must be stated on the cover, necessary to a decision in the * * * * * e.g., ‘‘CONFIDENTIAL UNTIL [DATE],’’ proceeding. [Rule 5.] (b) The following sections in subparts or ‘‘CONFIDENTIAL DURING JUDICIAL A through Q of this part apply to REVIEW.’’ The confidential version of a Subpart E—Proceeding; Pleadings; situations covered by this subpart: document may be provided to the Motions; Replies §§ 502.2(a) (Requirement for filing); presiding officer by email but should 502.2(f)(1) (Email transmission of § 502.62 [Amended] not be filed with the Office of the filings); 502.2(i) (Continuing obligation Secretary by email. ■ 3. Amend § 502.62(b)(1) by adding ‘‘or to provide contact information); 502.7 (ii) Public version. Within three the Complainant’’ after the phrase (Documents in foreign languages); business days of filing a confidential ‘‘service of the complaint by the 502.21 through 502.23 (Appearance, version of a filing, a public version must Commission’’. Authority for representation, Notice of be filed. The public version must ■ 4. Revise the heading for subpart H to appearance; substitution and indicate on the cover page and on each read as follows: withdrawal of representative); 502.43 affected page ‘‘Public Version— (Substitution of parties); 502.101 confidential materials excluded.’’ The Subpart H—Service of Documents (Computation); 502.113 (Service of public version must clearly indicate any private party complaints); 502.117 information withheld, for example with ■ 5. Revise § 502.113 to read as follows: (Certificate of service); 502.253 (Interest blackout or braces, and its pagination § 502.113 Service of private party in reparation proceedings); and 502.254 and depiction of text on each page must complaints. (Attorney’s fees in reparation be identical to that of the confidential (a) Complaints filed pursuant to proceedings). [Rule 305.] version. For example, the confidential § 502.62, amendments to complaints filing may read: ‘‘On January 1, 2005, (unless otherwise authorized by the Karen V. Gregory, complainant entered into a {25} year presiding officer pursuant to Secretary. lease with respondent for a monthly § 502.66(b)), small claims complaints [FR Doc. 2015–06239 Filed 3–18–15; 8:45 am] rent of {$1,000}.’’ The public version filed pursuant to § 502.304, and BILLING CODE 6730–01–P would read: ‘‘On January 1, 2005, Complainant’s memoranda filed in complainant entered into a { } year lease shortened procedure cases pursuant to with respondent for a monthly rent of § 502.182, will be served by the DEPARTMENT OF COMMERCE { }.’’ Public versions of confidential Secretary of the Commission. filings may be filed with the Secretary (b) The Secretary will serve the National Oceanic and Atmospheric and presiding officer by email. complaint using first class mail or Administration (iii) Exhibits. Confidential information express mail service at the Respondent’s in exhibits should be marked as 50 CFR Part 222 address provided by the Complainant. If specified above. If marking within the the complaint cannot be delivered, for text is not feasible, individual pages [Docket No. 140829733–5046–02] example if the complaint is returned as may be replaced in the public version undeliverable or not accepted for RIN 0648–BE35 with a page indicating that confidential delivery, the Secretary will notify the material is excluded. Entire exhibits 2015 Annual Determination To Complainant. should not be excluded, only those (c) Alternative service by Implement the Sea Turtle Observer pages containing confidential material. Requirement Complainant. The Complainant may (b) Motion for confidential treatment. serve the Complaint at any time after it If confidentiality is sought for a filing AGENCY: National Marine Fisheries has been filed with the Commission. If containing information not previously Service (NMFS), National Oceanic and Complainant serves the complaint, an designated as confidential by the Atmospheric Administration (NOAA), affidavit setting forth the method, time Commission or presiding officer, the Commerce. and place of service must be filed with confidential filing must be accompanied ACTION: Final rule. the Secretary within five days following by a motion justifying confidential service. treatment. This motion must identify SUMMARY: The National Marine (d) The presiding officer may dismiss the specific information in a document Fisheries Service (NMFS) publishes its a complaint that has not been served for which protection is sought and show final Annual Determination (AD) for within thirty (30) days after the Rmajette on DSK2VPTVN1PROD with RULES good cause by demonstrating that the 2015, pursuant to its authority under the complaint was filed. [Rule 113.] information is a trade secret or other Endangered Species Act (ESA). Through confidential research, development, or Subpart S—Informal Procedure for the AD, NMFS identifies U.S. fisheries commercial information pursuant to Adjudication of Small Claims operating in the Atlantic Ocean, Gulf of § 502.201(j)(1)(vii). The burden is on the Mexico, and Pacific Ocean that will be party that wants to protect the ■ 6. Revise § 502.304(d) to read as required to take observers upon NMFS’ information to show good cause for its follows: request. The purpose of observing VerDate Sep<11>2014 15:06 Mar 18, 2015 Jkt 235001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\19MRR1.SGM 19MRR1


Document Created: 2018-02-21 09:42:26
Document Modified: 2018-02-21 09:42:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule, request for comments.
DatesThis rule will become effective June 24, 2015 unless significant adverse comments are filed prior to May 26, 2015.
ContactKaren V. Gregory, Secretary, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573-0001, Phone: (202) 523-5725, Email: [email protected]
FR Citation80 FR 14318 
RIN Number3072-AC59
CFR AssociatedAdministrative Practice and Procedure; Claims; Equal Access to Justice; Investigations; Lawyers; Maritime Carriers; Penalties and Reporting and Recordkeeping Requirements
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR