80_FR_57489 80 FR 57305 - Amendments to Rules of Practice and Procedure Governing Time and Service in Adjudicatory Proceedings

80 FR 57305 - Amendments to Rules of Practice and Procedure Governing Time and Service in Adjudicatory Proceedings

FEDERAL MARITIME COMMISSION

Federal Register Volume 80, Issue 184 (September 23, 2015)

Page Range57305-57307
FR Document2015-24087

The Federal Maritime Commission proposes to amend its rules of practice and procedure concerning time and service in adjudicative proceedings. These revisions improve consistency across various processes and increase efficiency for parties to proceedings.

Federal Register, Volume 80 Issue 184 (Wednesday, September 23, 2015)
[Federal Register Volume 80, Number 184 (Wednesday, September 23, 2015)]
[Rules and Regulations]
[Pages 57305-57307]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24087]


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FEDERAL MARITIME COMMISSION

46 CFR Part 502

[Docket No. 15-09]
RIN 3072--AC62


Amendments to Rules of Practice and Procedure Governing Time and 
Service in Adjudicatory Proceedings

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 of 
practice and procedure concerning time and service in adjudicative 
proceedings. These revisions improve consistency across various 
processes and increase efficiency for parties to proceedings.

DATES: This rule is effective November 30, 2015, without further 
action, unless significant adverse comments are filed prior to October 
30, 2015. If significant adverse comment is received the Federal 
Maritime Commission will publish a timely withdrawal in the Federal 
Register.

ADDRESSES: You may submit comments, identified by the docket number in 
the heading of this document, by any of the following methods:
     Email: [email protected]. Include in the subject line: 
``Docket No. 15-09, Comments on Amendments to Rules of Practice and 
Procedure Governing Time and Service.'' Comments should be attached to 
the email as a Microsoft Word or text-searchable PDF document. Comments 
containing confidential information should not be submitted by email.
     Mail: Karen V. Gregory, Secretary, Federal Maritime 
Commission, 800 North Capitol Street NW., Washington, DC 20573-0001.
     Docket: To read background documents or comments received 
in response to this docket, go to: http://www.fmc.gov/electronic_reading_room/proceeding_or_inquiry_log_search.aspx; and 
select Docket No. 15-09 from the list of docket logs provided.

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: The Federal Maritime Commission (FMC or 
Commission) is amending its rules of practice and procedure concerning 
time and service in adjudicatory proceedings.

Computation of Time

    Currently the rules set out a variety of different formulas and 
conventions for computing time. Section 502.101 of Subpart G specifies 
that in computing periods of time under the rules, Saturdays, Sundays, 
and holidays should be counted, but that ``[w]hen the period of time 
prescribed or allowed is less than seven (7) days, intermediate 
Saturdays, Sundays, or national holidays shall be excluded from the 
computation.'' Throughout part 502 various sections reference a five 
(5) day deadline but do not cross-reference Sec.  502.101, which may 
create confusion. For consistency and to streamline and simplify the 
rules, the provision excluding weekends and holidays when a deadline is 
less than seven (7) days is removed, and all 5-day periods set out in 
part 502 are extended to seven (7) days. Consequently, all time periods 
will be calculated in the same manner by counting calendar days 
inclusive of weekends and holidays. In addition, language in Sec.  
502.101 is simplified to provide that ``[i]f the last day is a 
Saturday, Sunday or federal holiday, the period continues to the next 
day that is not a Saturday, Sunday or federal holiday.''
    Subpart G is also revised to simplify the structure of the rules. 
For example, the rules for enlargement and reduction of time to file 
documents currently found in Sec. Sec.  502.102 and 502.103 are 
consolidated into Sec.  502.102. Section 502.102 is also amended to 
reflect current Commission practice and standards for granting motions 
to enlarge time. As amended, Sec.  502.102 would require that a party 
must have ``reasonable grounds'' for failing to file a motion for 
enlargement of time at least seven (7) days before the filing due date. 
Section 502.104 is similarly amended.
    Rules on enlargement of time to file briefs and exceptions found at 
Sec. Sec.  502.222 and 502.228 are amended because new Sec.  502.102 
covers the relevant requirements. Section 502.319 is revised to 
duplicate the requirements of Sec.  502.102 to apply to formal 
procedures for adjudication of small claims.

Service of Documents

    The service rules in Subpart H are revised to add references to 
service by email, and to encourage parties consistently to use of the 
same manner of service between parties, as that used to file documents 
with the Commission. The service rules are also rewritten and 
reorganized for clarity and ease of use.

Regulatory Analysis and Notices

Regulatory Flexibility Act

    This direct final rule is not a ``major rule'' under 5 U.S.C. 
804(2). No notice of proposed rulemaking is required; therefore, the 
provisions of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., do 
not apply.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3521, requires 
an agency to seek and receive approval from the Office of Management 
and Budget (OMB) before making most requests for information if the 
agency is requesting information from more than ten persons. 44 U.S.C. 
3507. The agency must submit collections of information in proposed 
rules to OMB in conjunction with the publication of the proposed 
rulemaking. 5 CFR 1320.11. The Commission is not proposing any 
collections of information, as defined by 44 U.S.C. 3502(3) and 5 CFR 
1320.3(c), as part of this rule.

Regulation Identifier Number

    The Commission assigns a regulation identifier number (RIN) to each 
regulatory action listed in the Unified

[[Page 57306]]

Agenda of Federal Regulatory and Deregulatory Actions (Unified Agenda). 
The Regulatory Information Service Center publishes the Unified Agenda 
in April and October of each year. You may use the RIN contained in the 
heading at the beginning of this document to find this action in the 
Unified Agenda, available at: http://www.reginfo.gov/public/do/eAgendaMain

Direct Final Rule Justification

    The Commission expects the amendments to be noncontroversial. 
Therefore, pursuant to 5 U.S.C. 553, notice and comment are not 
required and this rule may become effective after publication in the 
Federal Register, unless the Commission receives significant adverse 
comments within the specified period. The Commission recognizes that 
parties may have information that could impact the Commission's views 
and intentions with respect to the revised regulations, and the 
Commission intends to consider any comments filed. The Commission will 
withdraw the rule if it receives significant adverse comments. Filed 
comments that are not adverse may be considered for modifications to 
Part 502 at a future date. If no significant adverse comment is 
received, the rule will become effective without additional action.

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 proposes to amend 46 CFR part 502 as follows:

PART 502--RULES OF PRACTICE AND PROCEDURE

0
1. The authority citation for part 502 is revised 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; 5 CFR part 2635.


0
2. Revise Subpart G to read as follows:

Subpart G--Time

Sec.
502.101 Computation.
502.102 Enlargement or reduction of time to file documents.
502.103 [Reserved]
502.104 Postponement of hearing.
502.105 Waiver of rules governing enlargement of time and 
postponement of hearings.


Sec.  502.101  Computation.

    In computing any time period prescribed or allowed under the rules 
in this part, the period begins on the day following the act, event, or 
default that triggers the period and includes the last day of the time 
period. If the last day is a Saturday, Sunday, or Federal holiday, the 
time period continues to the next day that is not a Saturday, Sunday, 
or federal holiday. If the presiding officer prescribes or allows an 
act, event, or default by reference to a specific date, that date shall 
govern. If the Commission's offices are inaccessible on the last day 
for a filing, the time for filing is extended to the first accessible 
day that is not a Saturday, Sunday, or Federal holiday. [Rule101]


Sec.  502.102  Enlargement or reduction of time to file documents.

    (a) Motions for enlargement or reduction of time for the filing of 
any pleading or other document, or in connection with the procedures of 
subpart L of this part, may be granted upon a showing of good cause. 
Motions must set forth the reasons for the request and be received at 
least seven (7) days before the scheduled filing date. Motions filed 
less than seven (7) days before the scheduled filing date may be 
considered where reasonable grounds are found for the failure to meet 
this requirement.
    (b) Motions submitted after the scheduled filing date will be 
considered a request to accept late filing and must be accompanied by 
the document. These motions will only be considered when exceptional 
circumstances are shown or as justice may require.
    (c) Motions and responses to motions filed under this section are 
subject to the requirements of Sec. Sec.  502.69 and 502.71, except 
that responses to motions must be served and filed within five (5) days 
after the date of service of the motion. [Rule 102.]


Sec.  502.103  [Reserved]


Sec.  502.104  Postponement of hearing.

    (a) Motions for postponement of any hearing date may be granted 
upon a showing of good cause. Motions must set forth the reasons for 
the request and be received at least seven (7) days before the 
scheduled hearing date. Motions filed less than seven (7) days before 
the scheduled hearing date may be considered where reasonable grounds 
are found for the failure to meet this requirement.
    (b) Motions and responses filed under this section are subject to 
the requirements of Sec. Sec.  502.69 and 502.71, except that responses 
to motions must be served and filed within five (5) days after the date 
or service of the motion. [Rule 104.]


Sec.  502.105  Waiver of rules governing enlargement of time and 
postponement of hearings.

    Except as otherwise provided by law the presiding officer, for good 
cause, may reduce or enlarge any time limit prescribed in the rules of 
this Part, may waive the requirements of Sec. Sec.  502.102 and 502.104 
for replies, and may rule ex parte on requests submitted under those 
rules. [Rule 105.]

Subpart H--Service of Documents

0
3. Revise Sec.  502.114 to read as follows:


Sec.  502.114  Serving documents in Commission proceedings.

    (a) Except where a different method of service is specifically 
required by the rules in this Part, all pleadings, documents and papers 
of every kind (except requests for subpoenas under Sec.  502.145, 
documents served by the Commission under Sec.  502.113, and documents 
submitted at a hearing or prehearing conference) in proceedings before 
the Commission, when delivered to the Commission or the presiding 
officer for filing, must show that service has been made upon all 
parties to the proceeding and upon any other persons required to be 
served by the rules in this Part. Such service must be made by 
delivering one copy to each party; by email; in-person hand delivery; 
or United States mail service, and be properly addressed with postage 
prepaid; by courier; or by facsimile. Service should be made in the 
same manner in which any pleading or document is filed with the 
Commission. For example, if a pleading is filed by email pursuant to 
Sec.  502.2(f)(3), service should also be made by email.
    (b) When a party has appeared by attorney or other representative, 
service upon each attorney or other representative of record will be 
deemed service upon the party, except that, if two or more attorneys of 
record are partners or associates of the same firm, only one of them 
need be served.

0
4. Revise Sec.  502.115 to read as follows:


Sec.  502.115  Service in rulemaking and petition proceedings.

    Service on all prior participants in a rulemaking or a petition 
proceeding must be shown when submitting comments or replies beyond the 
initial round, including those involving

[[Page 57307]]

disposition of petitions for rulemaking (Rule 51), petitions for 
declaratory order (Rule 75), petitions general (Rule 76), notices of 
proposed rulemaking (Rule 52), proceedings under section 19 of the 
Merchant Marine Act, 1920, (46 U.S.C. 42101) (Part 550), and 
proceedings under section 13(b)(6) of the Shipping Act of 1984 (46 U. 
S.C. 41108(d)) (Part 560). A list of all participants may be obtained 
from the Secretary of the Commission.

0
5. Revise Sec.  502.116 to read as follows:


Sec.  502.116  Date of service.

    The date of service of documents served by the Commission will be 
the date shown in the service stamp placed on the first page of the 
document. The date of service of documents served by parties will be 
the date when the document served is transmitted by email, deposited in 
the United States mail, delivered to a courier, or delivered in person. 
If service is made by more than one method, for example email and also 
U.S. mail service, the date of service will be the earlier of the two 
dates. In computing the time from such dates, the provisions of Sec.  
502.101 shall apply. [Rule 116.]

Subpart M--Briefs; Requests for Findings; Decisions; Exceptions

0
6. Revise Sec.  502.222 to read as follows:


Sec.  502.222  Requests for enlargement of time for filing briefs.

    Requests for enlargement of time to file briefs shall conform to 
the requirements of Sec.  502.102.

0
7. Revise Sec.  502.228 to read as follows:


Sec.  502.228  Request for enlargement of time to file exceptions and 
replies to exceptions.

    Requests for enlargement of time to file exceptions, and briefs in 
support of such exceptions, or replies to exceptions, must conform to 
the applicable provisions of Sec.  502.102. Any enlargement of time 
granted will automatically extend by the same period, the date for the 
filing of notice or review by the Commission. [Rule 228.]

Subpart T--Formal Procedure and Adjudication of Small Claims

0
8. Revise Sec.  502.319 to read as follows:


Sec.  502.319  Date of service and computation of time.

    (a) The date of service of documents served by the Commission will 
be the date shown in the service stamp placed on the first page of the 
document. The date of service of documents served by parties will be 
the date when the document served is transmitted by email, deposited in 
the United States mail, delivered to a courier, or delivered in person. 
If service is made by more than one method, for example email and also 
U.S. mail service, the date of service will be the earlier of the two 
actions. In computing the time from such dates, the provisions of Sec.  
502.101 shall apply. [Rule 319.]
    (b) In computing any time period prescribed or allowed under the 
rules in this Part, the period begins on the day following the act, 
event, or default that triggers the period and includes the last day of 
the time period. If the last day is a Saturday, Sunday, or federal 
holiday, the time period continues to the next day that is not a 
Saturday, Sunday, or federal holiday. If the presiding officer 
prescribes or allows an act, event, or default by reference to a 
specific date, that date will govern. If the Commission's offices are 
inaccessible on the last day for a filing, the time for filing is 
extended to the first accessible day that is not a Saturday, Sunday, or 
federal holiday.


Sec. Sec.  502.113, 502.132, 502.135, 502.201, 502.221, 502.227, 
502.228, and 502.408  [Amended]

0
9. In addition to the amendments set forth above, in 46 CFR part 502 
remove the words ``five (5) days'' or ``five days'' or ``5 days'' and 
add, in their place, the words ``seven (7) days'' in the following 
places:
0
a. Section 502.132(c);
0
b. Section 502.135(a);
0
c. Section 502.201(c);
0
d. Section 502.221(f);
0
e. Section 502.222;
0
f. Section 502.227(e);
0
i. Section 502.228; and
0
j. Section 502.408(a)

    By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2015-24087 Filed 9-22-15; 8:45 am]
 BILLING CODE 6731-AA-P



                                                               Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Rules and Regulations                                                   57305

                                                                                          EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued
                                                                                                                                                              State
                                                        State citation                                       Title/Subject                                  approval/           EPA approval date      Explanation
                                                                                                                                                          Submittal date

                                                Section 115.549 ................   Compliance Schedules ...............................................        1/26/2011   9/23/2015 [Insert Federal
                                                                                                                                                                             Register citation].

                                                           *                        *                          *                         *                        *                      *               *



                                                *      *       *       *      *                             www.fmc.gov/electronic_reading_room/                       enlarge time. As amended, § 502.102
                                                [FR Doc. 2015–23379 Filed 9–22–15; 8:45 am]                 proceeding_or_inquiry_log_search.aspx;                     would require that a party must have
                                                BILLING CODE 6560–50–P                                      and select Docket No. 15–09 from the                       ‘‘reasonable grounds’’ for failing to file
                                                                                                            list of docket logs provided.                              a motion for enlargement of time at least
                                                                                                            FOR FURTHER INFORMATION CONTACT:                           seven (7) days before the filing due date.
                                                FEDERAL MARITIME COMMISSION                                 Karen V. Gregory, Secretary, Federal                       Section 502.104 is similarly amended.
                                                                                                            Maritime Commission, 800 North                                Rules on enlargement of time to file
                                                46 CFR Part 502                                             Capitol Street NW., Washington, DC                         briefs and exceptions found at
                                                                                                            20573–0001. Phone: (202) 523–5725.                         §§ 502.222 and 502.228 are amended
                                                [Docket No. 15–09]
                                                                                                            Email: secretary@fmc.gov.                                  because new § 502.102 covers the
                                                RIN 3072—AC62                                               SUPPLEMENTARY INFORMATION: The                             relevant requirements. Section 502.319
                                                                                                            Federal Maritime Commission (FMC or                        is revised to duplicate the requirements
                                                Amendments to Rules of Practice and                         Commission) is amending its rules of                       of § 502.102 to apply to formal
                                                Procedure Governing Time and                                practice and procedure concerning time                     procedures for adjudication of small
                                                Service in Adjudicatory Proceedings                         and service in adjudicatory proceedings.                   claims.
                                                      Federal Maritime Commission.
                                                AGENCY:                                                     Computation of Time                                        Service of Documents
                                                      Direct final rule; request for
                                                ACTION:
                                                                                                              Currently the rules set out a variety of                   The service rules in Subpart H are
                                                comments.                                                   different formulas and conventions for                     revised to add references to service by
                                                                                                            computing time. Section 502.101 of                         email, and to encourage parties
                                                SUMMARY:   The Federal Maritime
                                                                                                            Subpart G specifies that in computing                      consistently to use of the same manner
                                                Commission proposes to amend its rules
                                                                                                            periods of time under the rules,                           of service between parties, as that used
                                                of practice and procedure concerning
                                                                                                            Saturdays, Sundays, and holidays                           to file documents with the Commission.
                                                time and service in adjudicative
                                                                                                            should be counted, but that ‘‘[w]hen the                   The service rules are also rewritten and
                                                proceedings. These revisions improve
                                                                                                            period of time prescribed or allowed is                    reorganized for clarity and ease of use.
                                                consistency across various processes
                                                and increase efficiency for parties to                      less than seven (7) days, intermediate                     Regulatory Analysis and Notices
                                                proceedings.                                                Saturdays, Sundays, or national
                                                                                                            holidays shall be excluded from the                        Regulatory Flexibility Act
                                                DATES:  This rule is effective November                     computation.’’ Throughout part 502                            This direct final rule is not a ‘‘major
                                                30, 2015, without further action, unless                    various sections reference a five (5) day                  rule’’ under 5 U.S.C. 804(2). No notice
                                                significant adverse comments are filed                      deadline but do not cross-reference                        of proposed rulemaking is required;
                                                prior to October 30, 2015. If significant                   § 502.101, which may create confusion.                     therefore, the provisions of the
                                                adverse comment is received the                             For consistency and to streamline and                      Regulatory Flexibility Act, 5 U.S.C. 601
                                                Federal Maritime Commission will                            simplify the rules, the provision                          et seq., do not apply.
                                                publish a timely withdrawal in the                          excluding weekends and holidays when
                                                Federal Register.                                           a deadline is less than seven (7) days is                  Paperwork Reduction Act
                                                ADDRESSES: You may submit comments,                         removed, and all 5-day periods set out                        The Paperwork Reduction Act of
                                                identified by the docket number in the                      in part 502 are extended to seven (7)                      1995, 44 U.S.C. 3501–3521, requires an
                                                heading of this document, by any of the                     days. Consequently, all time periods                       agency to seek and receive approval
                                                following methods:                                          will be calculated in the same manner                      from the Office of Management and
                                                   • Email: secretary@fmc.gov. Include                      by counting calendar days inclusive of                     Budget (OMB) before making most
                                                in the subject line: ‘‘Docket No. 15–09,                    weekends and holidays. In addition,                        requests for information if the agency is
                                                Comments on Amendments to Rules of                          language in § 502.101 is simplified to                     requesting information from more than
                                                Practice and Procedure Governing Time                       provide that ‘‘[i]f the last day is a                      ten persons. 44 U.S.C. 3507. The agency
                                                and Service.’’ Comments should be                           Saturday, Sunday or federal holiday, the                   must submit collections of information
                                                attached to the email as a Microsoft                        period continues to the next day that is                   in proposed rules to OMB in
                                                Word or text-searchable PDF document.                       not a Saturday, Sunday or federal                          conjunction with the publication of the
                                                Comments containing confidential                            holiday.’’                                                 proposed rulemaking. 5 CFR 1320.11.
                                                information should not be submitted by                        Subpart G is also revised to simplify                    The Commission is not proposing any
                                                email.                                                      the structure of the rules. For example,                   collections of information, as defined by
mstockstill on DSK4VPTVN1PROD with RULES




                                                   • Mail: Karen V. Gregory, Secretary,                     the rules for enlargement and reduction                    44 U.S.C. 3502(3) and 5 CFR 1320.3(c),
                                                Federal Maritime Commission, 800                            of time to file documents currently                        as part of this rule.
                                                North Capitol Street NW., Washington,                       found in §§ 502.102 and 502.103 are
                                                DC 20573–0001.                                              consolidated into § 502.102. Section                       Regulation Identifier Number
                                                   • Docket: To read background                             502.102 is also amended to reflect                           The Commission assigns a regulation
                                                documents or comments received in                           current Commission practice and                            identifier number (RIN) to each
                                                response to this docket, go to: http://                     standards for granting motions to                          regulatory action listed in the Unified


                                           VerDate Sep<11>2014     16:11 Sep 22, 2015   Jkt 235001   PO 00000      Frm 00023    Fmt 4700     Sfmt 4700    E:\FR\FM\23SER1.SGM   23SER1


                                                57306        Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Rules and Regulations

                                                Agenda of Federal Regulatory and                        502.105 Waiver of rules governing                        (b) Motions and responses filed under
                                                Deregulatory Actions (Unified Agenda).                      enlargement of time and postponement              this section are subject to the
                                                The Regulatory Information Service                          of hearings.                                      requirements of §§ 502.69 and 502.71,
                                                Center publishes the Unified Agenda in                  § 502.101    Computation.                             except that responses to motions must
                                                April and October of each year. You                                                                           be served and filed within five (5) days
                                                may use the RIN contained in the                           In computing any time period                       after the date or service of the motion.
                                                heading at the beginning of this                        prescribed or allowed under the rules in              [Rule 104.]
                                                document to find this action in the                     this part, the period begins on the day
                                                Unified Agenda, available at: http://                   following the act, event, or default that             § 502.105 Waiver of rules governing
                                                                                                        triggers the period and includes the last             enlargement of time and postponement of
                                                www.reginfo.gov/public/do/                                                                                    hearings.
                                                eAgendaMain                                             day of the time period. If the last day is
                                                                                                        a Saturday, Sunday, or Federal holiday,                 Except as otherwise provided by law
                                                Direct Final Rule Justification                         the time period continues to the next                 the presiding officer, for good cause,
                                                   The Commission expects the                           day that is not a Saturday, Sunday, or                may reduce or enlarge any time limit
                                                amendments to be noncontroversial.                      federal holiday. If the presiding officer             prescribed in the rules of this Part, may
                                                Therefore, pursuant to 5 U.S.C. 553,                    prescribes or allows an act, event, or                waive the requirements of §§ 502.102
                                                notice and comment are not required                     default by reference to a specific date,              and 502.104 for replies, and may rule ex
                                                and this rule may become effective after                that date shall govern. If the                        parte on requests submitted under those
                                                publication in the Federal Register,                    Commission’s offices are inaccessible on              rules. [Rule 105.]
                                                unless the Commission receives                          the last day for a filing, the time for
                                                                                                        filing is extended to the first accessible            Subpart H—Service of Documents
                                                significant adverse comments within the
                                                specified period. The Commission                        day that is not a Saturday, Sunday, or                ■   3. Revise § 502.114 to read as follows:
                                                recognizes that parties may have                        Federal holiday. [Rule101]
                                                information that could impact the                                                                             § 502.114 Serving documents in
                                                                                                        § 502.102 Enlargement or reduction of                 Commission proceedings.
                                                Commission’s views and intentions                       time to file documents.
                                                with respect to the revised regulations,                                                                         (a) Except where a different method of
                                                and the Commission intends to consider                     (a) Motions for enlargement or                     service is specifically required by the
                                                any comments filed. The Commission                      reduction of time for the filing of any               rules in this Part, all pleadings,
                                                will withdraw the rule if it receives                   pleading or other document, or in                     documents and papers of every kind
                                                significant adverse comments. Filed                     connection with the procedures of                     (except requests for subpoenas under
                                                comments that are not adverse may be                    subpart L of this part, may be granted                § 502.145, documents served by the
                                                considered for modifications to Part 502                upon a showing of good cause. Motions                 Commission under § 502.113, and
                                                at a future date. If no significant adverse             must set forth the reasons for the request            documents submitted at a hearing or
                                                comment is received, the rule will                      and be received at least seven (7) days               prehearing conference) in proceedings
                                                become effective without additional                     before the scheduled filing date.                     before the Commission, when delivered
                                                action.                                                 Motions filed less than seven (7) days                to the Commission or the presiding
                                                                                                        before the scheduled filing date may be               officer for filing, must show that service
                                                List of Subjects in 46 CFR Part 502                     considered where reasonable grounds                   has been made upon all parties to the
                                                  Administrative practice and                           are found for the failure to meet this                proceeding and upon any other persons
                                                procedure, Claims, Equal access to                      requirement.                                          required to be served by the rules in this
                                                justice, Investigations, Lawyers,                          (b) Motions submitted after the                    Part. Such service must be made by
                                                Maritime carriers, Penalties, Reporting                 scheduled filing date will be considered              delivering one copy to each party; by
                                                and recordkeeping requirements.                         a request to accept late filing and must              email; in-person hand delivery; or
                                                  For the reasons set forth in the                      be accompanied by the document.                       United States mail service, and be
                                                preamble, the Federal Maritime                          These motions will only be considered                 properly addressed with postage
                                                Commission proposes to amend 46 CFR                     when exceptional circumstances are                    prepaid; by courier; or by facsimile.
                                                part 502 as follows:                                    shown or as justice may require.                      Service should be made in the same
                                                                                                           (c) Motions and responses to motions               manner in which any pleading or
                                                PART 502—RULES OF PRACTICE AND                          filed under this section are subject to               document is filed with the Commission.
                                                PROCEDURE                                               the requirements of §§ 502.69 and                     For example, if a pleading is filed by
                                                                                                        502.71, except that responses to motions              email pursuant to § 502.2(f)(3), service
                                                ■  1. The authority citation for part 502               must be served and filed within five (5)              should also be made by email.
                                                is revised to read as follows:                          days after the date of service of the                    (b) When a party has appeared by
                                                  Authority: 5 U.S.C. 504, 551, 552, 553,               motion. [Rule 102.]                                   attorney or other representative, service
                                                556(c), 559, 561–569, 571–596; 5 U.S.C. 571–                                                                  upon each attorney or other
                                                584; 18 U.S.C. 207; 28 U.S.C. 2112(a); 31               § 502.103    [Reserved]                               representative of record will be deemed
                                                U.S.C. 9701; 46 U.S.C. 305, 40103–40104,                                                                      service upon the party, except that, if
                                                40304, 40306, 40501–40503, 40701–40706,                 § 502.104    Postponement of hearing.
                                                                                                                                                              two or more attorneys of record are
                                                41101–41109, 41301–41309, 44101–44106; 5                   (a) Motions for postponement of any                partners or associates of the same firm,
                                                CFR part 2635.                                          hearing date may be granted upon a                    only one of them need be served.
                                                ■   2. Revise Subpart G to read as follows:             showing of good cause. Motions must                   ■ 4. Revise § 502.115 to read as follows:
                                                                                                        set forth the reasons for the request and
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                                                Subpart G—Time                                          be received at least seven (7) days before            § 502.115 Service in rulemaking and
                                                                                                        the scheduled hearing date. Motions                   petition proceedings.
                                                Sec.
                                                502.101 Computation.
                                                                                                        filed less than seven (7) days before the               Service on all prior participants in a
                                                502.102 Enlargement or reduction of time to             scheduled hearing date may be                         rulemaking or a petition proceeding
                                                     file documents.                                    considered where reasonable grounds                   must be shown when submitting
                                                502.103 [Reserved]                                      are found for the failure to meet this                comments or replies beyond the initial
                                                502.104 Postponement of hearing.                        requirement.                                          round, including those involving


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                                                             Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Rules and Regulations                                       57307

                                                disposition of petitions for rulemaking                 document served is transmitted by                     contains internal rules specific to the
                                                (Rule 51), petitions for declaratory order              email, deposited in the United States                 NTSB. In publishing a Notice of
                                                (Rule 75), petitions general (Rule 76),                 mail, delivered to a courier, or delivered            Proposed Rulemaking (NPRM) in June
                                                notices of proposed rulemaking (Rule                    in person. If service is made by more                 2015, the NTSB proposed a new subpart
                                                52), proceedings under section 19 of the                than one method, for example email and                to outline the NTSB’s rulemaking
                                                Merchant Marine Act, 1920, (46 U.S.C.                   also U.S. mail service, the date of                   procedures.
                                                42101) (Part 550), and proceedings                      service will be the earlier of the two                DATES: The revisions and additions
                                                under section 13(b)(6) of the Shipping                  actions. In computing the time from                   published in this Final Rule will
                                                Act of 1984 (46 U. S.C. 41108(d)) (Part                 such dates, the provisions of § 502.101               become effective October 23, 2015.
                                                560). A list of all participants may be                 shall apply. [Rule 319.]
                                                                                                                                                              ADDRESSES: A copy of the Final Rule,
                                                obtained from the Secretary of the                         (b) In computing any time period
                                                                                                                                                              published in the Federal Register (FR),
                                                Commission.                                             prescribed or allowed under the rules in
                                                                                                                                                              is available for inspection and copying
                                                ■ 5. Revise § 502.116 to read as follows:
                                                                                                        this Part, the period begins on the day
                                                                                                                                                              in the NTSB’s public reading room,
                                                                                                        following the act, event, or default that
                                                                                                                                                              located at 490 L’Enfant Plaza SW.,
                                                § 502.116   Date of service.                            triggers the period and includes the last
                                                                                                                                                              Washington, DC 20594–2003.
                                                  The date of service of documents                      day of the time period. If the last day is
                                                                                                                                                              Alternatively, a copy of the NPRM is
                                                served by the Commission will be the                    a Saturday, Sunday, or federal holiday,
                                                                                                                                                              available on the government-wide Web
                                                date shown in the service stamp placed                  the time period continues to the next
                                                                                                                                                              site on regulations at http://
                                                on the first page of the document. The                  day that is not a Saturday, Sunday, or
                                                                                                                                                              www.regulations.gov (Docket ID Number
                                                date of service of documents served by                  federal holiday. If the presiding officer
                                                                                                                                                              NTSB–GC–2012–0002).
                                                parties will be the date when the                       prescribes or allows an act, event, or
                                                                                                        default by reference to a specific date,              FOR FURTHER INFORMATION CONTACT:
                                                document served is transmitted by
                                                                                                        that date will govern. If the                         David Tochen, General Counsel, (202)
                                                email, deposited in the United States
                                                                                                        Commission’s offices are inaccessible on              314–6080.
                                                mail, delivered to a courier, or delivered
                                                                                                        the last day for a filing, the time for               SUPPLEMENTARY INFORMATION:
                                                in person. If service is made by more
                                                than one method, for example email and                  filing is extended to the first accessible            I. Notice of Proposed Rulemaking
                                                also U.S. mail service, the date of                     day that is not a Saturday, Sunday, or
                                                                                                        federal holiday.                                         The NTSB issued this NPRM in
                                                service will be the earlier of the two                                                                        accordance with its June 25, 2012
                                                dates. In computing the time from such                  §§ 502.113, 502.132, 502.135, 502.201,                document indicating the agency’s intent
                                                dates, the provisions of § 502.101 shall                502.221, 502.227, 502.228, and 502.408                to undertake a review of all NTSB
                                                apply. [Rule 116.]                                      [Amended]                                             regulations to ensure they are updated.
                                                Subpart M—Briefs; Requests for                          ■ 9. In addition to the amendments set                77 FR 37865. The NTSB initiated this
                                                Findings; Decisions; Exceptions                         forth above, in 46 CFR part 502 remove                review in accordance with Executive
                                                                                                        the words ‘‘five (5) days’’ or ‘‘five days’’          Order 13579, ‘‘Regulation and
                                                ■   6. Revise § 502.222 to read as follows:             or ‘‘5 days’’ and add, in their place, the            Independent Regulatory Agencies’’ (76
                                                                                                        words ‘‘seven (7) days’’ in the following             FR 41587, July 14, 2011). The purpose
                                                § 502.222 Requests for enlargement of                   places:                                               of Executive Order 13579 is to ensure all
                                                time for filing briefs.                                 ■ a. Section 502.132(c);                              agencies adhere to the key principles
                                                   Requests for enlargement of time to                  ■ b. Section 502.135(a);                              found in Executive Order 13563,
                                                file briefs shall conform to the                        ■ c. Section 502.201(c);                              ‘‘Improving Regulation and Regulatory
                                                requirements of § 502.102.                              ■ d. Section 502.221(f);                              Review’’ (76 FR 3821, January 21, 2011),
                                                ■ 7. Revise § 502.228 to read as follows:               ■ e. Section 502.222;                                 which include promoting public
                                                                                                        ■ f. Section 502.227(e);                              participation in rulemaking, improving
                                                § 502.228 Request for enlargement of time               ■ i. Section 502.228; and
                                                                                                                                                              integration and innovation, promoting
                                                to file exceptions and replies to exceptions.           ■ j. Section 502.408(a)
                                                                                                                                                              flexibility and freedom of choice, and
                                                   Requests for enlargement of time to                    By the Commission.                                  ensuring scientific integrity during the
                                                file exceptions, and briefs in support of               Karen V. Gregory,                                     rulemaking process in order to create a
                                                such exceptions, or replies to                          Secretary.                                            regulatory system that protects public
                                                exceptions, must conform to the                         [FR Doc. 2015–24087 Filed 9–22–15; 8:45 am]           health, welfare, safety, and the
                                                applicable provisions of § 502.102. Any                                                                       environment while promoting economic
                                                                                                        BILLING CODE 6731–AA–P
                                                enlargement of time granted will                                                                              growth, innovation, competitiveness,
                                                automatically extend by the same                                                                              and job creation. The NTSB explained
                                                period, the date for the filing of notice                                                                     in its June 25, 2012 document that it is
                                                                                                        NATIONAL TRANSPORTATION
                                                or review by the Commission. [Rule                                                                            committed to ensuring its regulations
                                                                                                        SAFETY BOARD
                                                228.]                                                                                                         remain updated and comply with these
                                                                                                        49 CFR Part 800                                       principles. The NTSB published an
                                                Subpart T—Formal Procedure and
                                                                                                                                                              additional document in the Federal
                                                Adjudication of Small Claims                            [Docket No. NTSB–GC–2012–0002]
                                                                                                                                                              Register on January 8, 2013, describing
                                                ■   8. Revise § 502.319 to read as follows:             RIN 3147–AA03                                         the NTSB’s plan for updating all
                                                                                                                                                              regulations. 78 FR 1193. Consistent with
                                                § 502.319   Date of service and computation             Organization and Functions of the                     Executive Order 13563 and in
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                                                of time.                                                Board and Delegations of Authority                    accordance with these two documents
                                                  (a) The date of service of documents                  AGENCY:  National Transportation Safety               published in the Federal Register, the
                                                served by the Commission will be the                    Board (NTSB or Board).                                NTSB seeks to ensure the public is
                                                date shown in the service stamp placed                  ACTION: Final rule.                                   aware of its rulemaking procedures.
                                                on the first page of the document. The                                                                           On June 18, 2015, the NTSB
                                                date of service of documents served by                  SUMMARY: By this Final Rule, the NTSB                 published an NPRM inviting public
                                                parties will be the date when the                       adds a new subpart to a part which                    comments concerning the NTSB’s


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Document Created: 2015-12-15 09:44:21
Document Modified: 2015-12-15 09:44:21
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 is effective November 30, 2015, without further action, unless significant adverse comments are filed prior to October 30, 2015. If significant adverse comment is received the Federal Maritime Commission will publish a timely withdrawal in the Federal Register.
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 57305 
RIN Number3072-AC62
CFR AssociatedAdministrative Practice and Procedure; Claims; Equal Access to Justice; Investigations; Lawyers; Maritime Carriers; Penalties and Reporting and Recordkeeping Requirements

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