81 FR 33637 - Update of Existing and Addition of New User Fees

FEDERAL MARITIME COMMISSION

Federal Register Volume 81, Issue 103 (May 27, 2016)

Page Range		33637-33641
FR Document		2016-12326
The Federal Maritime Commission (Commission) proposes amending its current user fees and invites public comment on whether the Commission should amend its user fees. Specifically, the Commission proposes increasing fees for: Filing complaints and certain petitions; records searches, document copying, and admissions to practice; paper filing of ocean transportation intermediary (OTI) applications; filing applications for special permission; and filing agreements. The Commission also proposes lowering fees for: Reviewing Freedom of Information Act (FOIA) requests; revising clerical errors on service contracts; Revising clerical errors on non-vessel-operating common carrier (NVOCC) service agreements; and Commission services to passenger vessel operators (PVOs). In addition, the Commission proposes repealing four existing fees for: Adding interested parties to a specific docket mailing list; the Regulated Persons Index database; database reports on Effective Carrier Agreements; and filing petitions for rulemaking. The Commission also proposes adding a new fee for requests for expedited review of an agreement filing.
Federal Register, Volume 81 Issue 103 (Friday, May 27, 2016)
[Federal Register Volume 81, Number 103 (Friday, May 27, 2016)]
[Proposed Rules]
[Pages 33637-33641]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12326]


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FEDERAL MARITIME COMMISSION

46 CFR Parts 502, 503, 515, 520, 530, 535, 540, 550, 555, and 560

[Docket No. 16-06]
RIN 3072-AC34


Update of Existing and Addition of New User Fees

AGENCY: Federal Maritime Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Maritime Commission (Commission) proposes amending 
its current user fees and invites public comment on whether the 
Commission should amend its user fees. Specifically, the Commission 
proposes increasing fees for: Filing complaints and certain petitions; 
records searches, document copying, and admissions to practice; paper 
filing of ocean transportation intermediary (OTI) applications; filing 
applications for special permission; and filing agreements.
    The Commission also proposes lowering fees for: Reviewing Freedom 
of Information Act (FOIA) requests; revising clerical errors on service 
contracts; Revising clerical errors on non-vessel-operating common 
carrier (NVOCC) service agreements; and Commission services to 
passenger vessel operators (PVOs).
    In addition, the Commission proposes repealing four existing fees 
for: Adding interested parties to a specific docket mailing list; the 
Regulated Persons Index database; database reports on Effective Carrier 
Agreements; and filing petitions for rulemaking. The Commission also 
proposes adding a new fee for requests for expedited review of an 
agreement filing.

DATES: Comments are due on or before June 27, 2016.

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. 16-06, Comments on ``Update of User Fees.'' 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. 
Phone: (202) 523-5725. Email: [email protected].
     Docket: For access to the docket to read 
background documents or comments received, go to: http://www.fmc.gov/16-06.

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 Commission's current user fees are based 
on an assessment of fiscal year 2004 costs and have not been updated

[[Page 33638]]

since 2005.\1\ Consequently, many of the current user fees no longer 
represent the Commission's actual costs for providing services. The 
Commission is seeking comments on possible adjustments to its user fees 
based on fiscal year 2015 costs assessed through a new methodology for 
calculating costs for services provided by the Commission.
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    \1\ The Commission established the fee for filing or updating 
OTI license applications electronically in 2007.
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    The Independent Offices Appropriation Act of 1952 (IOAA), 31 U.S.C. 
9701, authorizes agencies to establish charges (user fees) for services 
and benefits that it provides to specific recipients. Under the IOAA, 
charges must be fair and based on the costs to the Government, the 
value of the service or thing to the recipient, the public policy or 
interest served, and other relevant facts. The IOAA also provides that 
regulations implementing user fees are subject to policies prescribed 
by the President, which are currently set forth in OMB Circular A-25, 
User Charges (revised July 8, 1993).
    OMB Circular A-25 requires agencies to conduct a periodic 
reassessment of costs and, if necessary, adjust or establish new fees. 
Under OMB Circular A-25, fees should be established for Government-
provided services that confer benefits on identifiable recipients over 
and above those benefits received by the general public. OMB Circular 
A-25 also provides that agencies should determine or estimate costs 
based on the best available records in the agency, and that cost 
computations must cover the direct and indirect costs to the agency 
providing the activity.

Fee Assessment Methodology

    Applying the guidance for assessing fees provided in OMB Circular 
A-25, the Commission has revised its methodology for computing fees to 
determine the full costs of providing services.\2\ A detailed 
description of the methodology, as established by the Commission's 
Office of Budget and Finance, is available in the docket to this 
rulemaking.
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    \2\ The revised methodology also satisfies the recommendations 
set forth in the Commission's Office of Inspector General's report, 
Review of FMC's User Fee Calculations (May 27, 2010).
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    The Commission has developed data on the time and cost involved in 
providing particular services to arrive at the updated direct and 
indirect labor costs for those services. As part of its assessment, the 
Commission utilized salaries of Full Time Equivalents (FTEs) assigned 
to fee-generating activities to identify the various direct and 
indirect costs associated with providing services. Direct labor costs 
include clerical and professional time expended on an activity. 
Indirect labor costs include labor provided by bureaus and offices that 
provide direct support to the fee-generating offices in their efforts 
to provide services, and include managerial and supervisory costs 
associated with providing a particular service. Other indirect costs 
include Government overhead costs, such as fringe benefits and other 
wage-related Government contributions contained in OMB Circular A-76, 
Performance of Commercial Activities (revised May 29, 2003) and office 
general and administrative expenses.\3\ The sum of these indirect cost 
components gives an indirect cost factor that is added to the direct 
labor costs of an activity to arrive at the fully distributed cost.
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    \3\ OMB Circular A-76 lists the following indirect labor costs: 
Leave and holidays, retirement, worker's compensation, awards, 
health and life insurance, and Medicare. General and administrative 
costs are expressed as a percentage of basic pay. These include all 
salaries and overhead such as rent, utilities, supplies, and 
equipment allocated to Commission offices that provide direct 
support to fee-generating offices such as the Office of the Managing 
Director, Office of Information Technology, Office of Human 
Resources, Office of Budget and Finance, and the Office of 
Management Services.
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Proposed Fee Adjustments

    The adjustments the Commission proposes will allow some user fees 
to remain unchanged; increase, reduce, or delete other fees; and add 
one new fee. The Commission proposes making upward adjustments of fees 
to reflect increases in salary and indirect (overhead) costs. For some 
services, an increase in processing or review time may account for all 
or part of increase in the amount of the proposed fees. For other 
services, fees may be lower than current fees due to an overall reduced 
cost to provide those services.
    The Commission assesses nominal processing fees for services 
related to the filing of complaints and certain petitions; various 
public information services, such as records searches, document 
copying, and admissions to practice; and filing applications for 
special permission. Due to an increase in the processing cost of these 
services, the Commission is proposing adjusting upward these 
administrative fees based on an assessment of fiscal year 2015 costs. 
Similarly, the Commission proposes adjusting upward the user fees 
associated with agreements filed under 46 CFR part 535 because of the 
increase in reviewing and analyzing the agreement filings.
    With respect to OTI license applications, the Commission offers 
lower fees for electronic filing of license applications through its 
FMC-18 automated filing system. The Commission first adopted lower fees 
in 2007 to promote the use of the electronic filing option by the 
public and to facilitate the transfer of OTI records from a paper-based 
format to a more convenient and accessible digital format.\4\ As 
intended, the majority of OTI applicants are using the automated system 
and paying the reduced fees. In fiscal year 2015, the total number of 
OTI applicants using the automated filing system at the reduced fees 
was 619, and the total number of OTI applicants filing their 
applications in paper format at the higher fees was 44. This program 
has been successful and the Commission proposes continuing to offer the 
lower fees for electronic filing at the current fee amounts.\5\
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    \4\ FMC Docket No. 07-08, Optional Method of Filing Form FMC-18, 
Application for a License as an Ocean Transportation Intermediary, 
72 FR 44976, 44977 (Aug. 10, 2007).
    \5\ While the automated filing system allows users to file their 
applications electronically, the automated system for processing the 
applications is still under development. The fees for the electronic 
filing of OTI applications will be addressed by the Commission when 
the entire FMC-18 automated system is complete and operational, and 
the costs of the system and its impact on the review of OTI 
applications can be quantified.
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    The Commission proposes decreasing fees for the Commission's 
services to passenger vessel operators (PVOs) under 46 CFR part 540. 
These services include reviewing and processing the application for 
certification on performance; the supplemental application on 
performance for the addition or substitution of a vessel; the 
application for certification on casualty, and the supplemental 
application on casualty for the addition or substitution of a vessel.
    For reviews of requests filed under FOIA, the Commission proposes 
lowering the fees due to the change in grade level of the professional 
staff that review FOIA requests. For revisions of clerical errors on 
service contracts, the Commission proposes lowing the fee due to the 
reduction in processing time.
    The Commission proposes repealing the user fee for obtaining a copy 
of the Regulated Persons Index given that it is currently available on 
the Commission's Web site. The Commission also proposes repealing the 
current fee assessed for adding an interested party to a specific 
docket mailing list under Sec.  503.50(d), and the fee assessed under 
Sec.  535.401(h) for obtaining a Commission agreement database report.
    In addition, the Commission proposes repealing the user fee for 
filing petitions for rulemaking found in Sec.  503.51(a).

[[Page 33639]]

This would align the Commission with the practice of other agencies, 
the vast majority of which do not impose a fee to file petitions for 
rulemaking. Repealing this user fee would also enhance access to the 
rulemaking process, thereby making it fairer and more open.
    The Commission also proposes adding a new fee for processing 
requests for expedited review of an agreement under Sec.  535.605, 
which allows filing parties to request that the 45-day waiting period 
be shortened to meet an operational urgency. The Commission believes 
that a fee for processing such requests is necessary to recoup the cost 
of publishing a separate Federal Register notice for expedited review. 
This new fee would be assessed in addition to the underlying agreement 
filing fee required by Sec.  535.401(g).
    The Commission welcomes comments on its new fee calculation 
methodology and possible fee adjustments.

Regulatory Analysis and Notices

Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., requires an 
agency to review regulations to assess their impact on small entities 
and prepare an initial regulatory flexibility analysis (IRFA), unless 
the agency head determines that the regulatory action will not have a 
significant impact on a substantial number of small entities. The 
proposed adjusted user fees reflect the costs of specific Commission 
services for identifiable recipients. The economic impact of user fees 
on a small entity results from the entity requesting a particular 
service that requires payment of a fee for that service. The dollar 
amount of each user fee proposed in this rule is not substantial enough 
to have a significant economic impact on any entity subject to the user 
fee. The proposed increases in user fees is below the rise in inflation 
and employment cost from the last assessment in fiscal year 2004. 
Furthermore, the Commission's regulations provide for a waiver or 
reduction of any fee in extraordinary situations. 46 CFR 503.42. The 
Chairman of the Commission, therefore, certifies that the proposed 
rule, if promulgated, will not have a significant economic impact on a 
substantial number of small entities.\6\
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    \6\ In extraordinary situations, the Commission will accept 
requests for waivers or fee reductions. Such request must 
demonstrate that the waiver or reduction of a fee is in the best 
interest of the public, or that payment of a fee would impose an 
undue hardship.
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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 proposed rule.

Regulation Identifier Number

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

List of Subjects

46 CFR Part 502

    Administrative practice and procedure, Claims, Equal access to 
justice, Investigations, Lawyers, Maritime carriers, Penalties, 
Reporting and recordkeeping requirements.

46 CFR Part 503

    Classified information, Freedom of Information, Privacy, Sunshine 
Act.

46 CFR Part 515

    Exports, Freight forwarders, Non-vessel-operating common carriers, 
Ocean transportation intermediaries, Licensing requirements, Financial 
responsibility requirements, Reporting and recordkeeping requirements.

46 CFR Part 520

    Common carrier, Freight, Intermodal transportation, Maritime 
carriers, Reporting and recordkeeping requirements.

46 CFR Part 530

    Freight, Maritime carriers, Report and recordkeeping requirements.

46 CFR Part 531

    Freight, Maritime carriers, Report and recordkeeping requirements.

46 CFR Part 535

    Administrative practice and procedure, Maritime carriers, Reporting 
and recordkeeping requirements.

46 CFR Part 540

    Insurance, Maritime carriers, Penalties, Reporting and 
recordkeeping requirements, Surety bonds.

46 CFR Part 550

    Administrative practice and procedure, Maritime carriers.

46 CFR Part 551

    Administrative practice and procedure, Maritime carriers.

46 CFR Part 555

    Administrative practice and procedure, Investigations, Maritime 
carriers.

46 CFR Part 560

    Administrative practice and procedure, Maritime carriers.

    For the reasons set forth above, the Federal Maritime Commission 
proposes to amend 46 CFR parts 502, 503, 515, 520, 530, 535, 540, 550, 
555, and 560 as follows:

PART 502--RULES OF PRACTICE AND PROCEDURE

0
1. The authority citation for part 502 continues to read as follows:

    Authority: 5 U.S.C. 504, 551, 552, 553, 556(c), 559, 561-569, 
571-584; 591-596; 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.

Subpart D--Rulemaking


Sec.  502.51  [Amended]

0
2. In Sec.  502.51, amend paragraph (a) by removing ``Sec.  502.74'' 
and adding in its place ``Sec.  502.69'' and removing the fourth 
sentence.

Subpart E--Proceedings; Pleadings; Motions; Replies

0
3. In Sec.  502.62, paragraph (a)(6) is revised to read as follows:


Sec.  502.62  Private party complaints for formal adjudication.

    (a) * * *
    (6) Filing fee: The complaint must be accompanied by remittance of 
a $289 filing fee.
* * * * *
0
4. In Sec.  502.75, revise paragraph (a)(3) to read as follows:


Sec.  502.75  Declaratory orders and fee.

    (a) * * *

[[Page 33640]]

    (3) Petitions must be accompanied by remittance of a $289 filing 
fee.
* * * * *
0
5. In Sec.  502.76, revise paragraph (b) to read as follows:


Sec.  502.76  Petitions-general and fee.

* * * * *
    (b) Petitions must be accompanied by remittance of a $289 filing 
fee. [Rule 76.]

Subpart K--Shortened Procedure

0
6. The last sentence of Sec.  502.182 is revised to read as follows:


Sec.  502.182  Complaint and memorandum of facts and arguments and 
filing fee.

    * * * The complaint must be accompanied by remittance of a $289 
filing fee. [Rule 182.]

Subpart Q--Refund or Waiver of Freight Charges

0
7. In Sec.  502.271, revise paragraph (d)(5) to read as follows:


Sec.  502.271  Special docket application for permission to refund or 
waive freight charges.

* * * * *
    (d) * * *
    (5) Applications must be accompanied by remittance of a $117 filing 
fee.
* * * * *

Subpart S--Informal Procedure for Adjudication of Small Claims

0
8. The last sentence of Sec.  502.304(b) is revised to read as follows:


Sec.  502.304  Procedure and filing fee.

* * * * *
    (b) * * * Such claims must be accompanied by remittance of an $85 
filing fee.
* * * * *

PART 503--PUBLIC INFORMATION

0
9. The authority citation for Part 503 continues to read as follows:

    Authority:  5 U.S.C. 331, 552, 552a, 552b, 553; 31 U.S.C. 9701; 
E.O. 13526 of January 5, 2010 (75 FR 707), sections 5.1(a) and (b).

0
10. In Sec.  503.50, Paragraph (c)(1) introductory text, paragraphs 
(c)(1)(i) and (ii); the first sentence of paragraph (c)(2); paragraph 
(c)(3)(i), (ii) and (iii), paragraph (c)(4); and paragraph (e) are 
revised to read as follows:


Sec.  503.50  Fees for services.

* * * * *
    (c) * * *
    (1) Records search (including electronic search) will be performed 
by Commission personnel at the following rates:
    (i) Search will be performed by clerical/administrative personnel 
at a rate of $27 per hour and by professional/executive personnel at a 
rate of $57 per hour.
    (ii) Minimum charge for record search is $27.
    (2) Charges for review of records to determine whether they are 
exempt from disclosure under Sec.  503.33 must be assessed to recover 
full costs at the rate of $57 per hour. * * *
    (3) * * *
    (i) If performed by requesting party at the rate of ten cents per 
page (one side).
    (ii) By Commission personnel, at the rate of ten cents per page 
(one side) plus $27 per hour.
    (iii) Minimum charge for copying is $5.
* * * * *
    (4) The certification and validation (with Federal Maritime 
Commission seal) of documents filed with or issued by the Commission 
will be available at $84 for each certification.
* * * * *
    (e) Applications for admission to practice before the Commission 
for persons not attorneys at law must be accompanied by a fee of $153 
pursuant to Sec.  502.27 of this chapter.

Subpart H--Access to Any Record of Identifiable Personal 
Information

0
11. In Sec.  503.69, paragraphs (b)(1) and (2) are revised to read as 
follows:


Sec.  503.69  Fees.

* * * * *
    (b) * * *
    (1) The copying of records and documents will be available at the 
rate of ten cents per page (one side), limited to size 8\1/4\'' x 14'' 
or smaller.
    (2) The certification and validation (with Federal Maritime 
Commission seal) of documents filed with or issued by the Commission 
will be available at $84 for each certification.
* * * * *

PART 515--LICENSING, FINANCIAL RESPONSIBILITY REQUIREMENTS, AND 
GENERAL DUTIES FOR OCEAN TRANSPORTATION INTERMEDIARIES

0
12. The authority citation for part 515 continues to read as follows:

    Authority:  5 U.S.C. 553; 31 U.S.C. 9701; 46 U.S.C. 305, 40102, 
40104, 40501-40503, 40901-40904, 41101-41109, 41301-41302, 41305-
41307; Pub. L. 105-383,112 Stat. 3411; 21 U.S.C. 862.

Subpart A--General

0
13. In Sec.  515.5, paragraphs (c)(2)(i) and (ii) are revised to read 
as follows:


Sec.  515.5  Forms and Fees.

* * * * *
    (c) * * *
    (2) * * *
    (i) Application for new OTI license as required by Sec.  515.12(a): 
Automated filing $250; paper filing pursuant to waiver $1,055.
    (ii) Application for change to OTI license or license transfer as 
required by Sec.  515.20(a) and (b): Automated filing $125; paper 
filing pursuant to waiver $735.
* * * * *

Subpart D--Duties and Responsibilities of Ocean Transportation 
Intermediaries; Reports to Commission

0
14. The last sentence of Sec.  515.34 is removed and the second 
sentence is revised to read as follows:


Sec.  515.34  Regulated Persons Index.

    * * * The database is available at no charge on the Commission's 
Web site at www.fmc.gov.

PART 520--CARRIER AUTOMATED TARIFFS

0
15. The authority citation for part 520 continues to read as follows:

    Authority:  5 U.S.C. 553; 46 U.S.C. 305, 40101-40102, 40501-
40503, 40701-40706, 41101-41109.

Subpart B--Filing Requirements

0
16. The last sentence of Sec.  520.14 paragraph (c)(1) is revised to 
read as follows:


Sec.  520.14  Special permission.

* * * * *
    (c) * * *
    (1) * * * Every such application must be submitted to the Bureau of 
Trade Analysis and be accompanied by a filing fee of $299.
* * * * *

PART 530--SERVICE CONTRACTS

0
17. The authority citation for part 530 continues to read as follows:

    Authority:  5 U.S.C. 553; 46 U.S.C. 305, 40301-40306, 40501-
40503, 41307.

Subpart B--Filing Requirements

0
18. In Sec.  530.10 paragraph (c) introuductory text is revised to read 
as follows:


Sec.  530.10  Amendment, correction, cancellation, and electronic 
transmission errors.

* * * * *
    (c) Corrections. Requests must be filed, in duplicate, with the

[[Page 33641]]

Commission's Office of the Secretary within forty-five (45) days of the 
contract's filing with the Commission, accompanied by remittance of an 
$95 service fee, and must include:
* * * * *

PART 531--NVOCC SERVICE ARRANGEMENTS

0
19. The authority citation for part 531 continues to read as follows:

    Authority:  46 U.S.C. 40103.

0
20. In Sec.  531.8 paragraph (b)(1) is revised to read as follows:


Sec.  531.8  Amendment, correction, cancellation, and electronic 
transmission errors.

* * * * *
    (b) * * *
    (1) Requests must be filed, in duplicate, with the Commission's 
Office of the Secretary within forty-five (45) days of the contract's 
filing with the Commission, accompanied by remittance of an $95 service 
fee.
* * * * *

PART 535--AGREEMENTS BY OCEAN COMMON CARRIERS AND OTHER PERSONS 
SUBJECT TO THE SHIPPING ACT OF 1984

0
21. The authority citation for part 535 continues to read as follows:

    Authority:  5 U.S.C. 553; 46 U.S.C. 305, 40101-40104, 40301-
40307, 40501-40503, 40901-40904, 41101-41109, 41301-41302, and 
41305-41307.

Subpart D--Filing of Agreements

0
22. In Sec.  535.401 paragraphs (g) and (h) are revised to read as 
follows:


Sec.  535.401  General requirements.

* * * * *
    (g) Fees. The filing fee is $3,218 for new agreements and any 
agreement modifications requiring Commission review and action; $526 
for agreements processed under delegated authority (for types of 
agreements that can be processed under delegated authority, see Sec.  
501.27(e) of this chapter); $303 for carrier exempt agreements; and $90 
for terminal exempt agreements.
    (h) The fee for a request for expedited review of an agreement 
pursuant to Sec.  535.605 is $159. This fee must be paid in addition to 
the carrier agreement filing fee required by paragraph (g) of this 
section.

PART 540--PASSENGER VESSEL FINANCIAL RESPONSIBILITY

0
23. The authority citation for part 540 continues to read as follows:

    Authority:  5 U.S.C. 552, 553; 31 U.S.C. 9701; 46 U.S.C. 305, 
44101-44106.

Subpart A--Proof of Financial Responsibility, Bonding and 
Certification of Financial Responsibility for Indemnification of 
Passengers for Nonperformance of Transportation

0
24. The last two sentences in Sec.  540.4 paragraph (e) are revised to 
read as follows:


Sec.  540.4  Procedure for establishing financial responsibility.

* * * * *
    (e) * * * An application for a Certificate (Performance), excluding 
an application for the addition or substitution of a vessel to the 
applicant's fleet, must be accompanied by a filing fee remittance of 
$2,284 An application for a Certificate (Performance) for the addition 
or substitution of a vessel to the applicant's fleet must be 
accompanied by a filing fee remittance of $1,224.
* * * * *

Subpart B--Proof of Financial Responsibility, Bonding and 
Certification of Financial Responsibility to Meet Liability 
Incurred for Death or Injury to Passengers or Other Persons on 
Voyages

0
25. The last two sentences in Sec.  540.23 paragraph (b) are revised to 
read as follows:


Sec.  540.23  Procedure for establishing financial responsibility.

* * * * *
    (b) * * * An application for a Certificate (Casualty), excluding an 
application for the addition or substitution of a vessel to the 
applicant's fleet, must be accompanied by a filing fee remittance of 
$1,085. An application for a Certificate (Casualty) for the addition or 
substitution of a vessel to the applicant's fleet must be accompanied 
by a filing fee remittance of $593.
* * * * *

Subpart D--Petitions for Section 19 Relief

0
26. Revise Sec.  550.402 to read as follows:


Sec.  550.402  Filing of petitions.

    Except for petitions for rulemaking, all requests for relief from 
conditions unfavorable to shipping in the foreign trade must be by 
written petition. An original and fifteen copies of a petition for 
relief under the provisions of this part must be filed with the 
Secretary, Federal Maritime Commission, Washington, DC 20573. The 
petition must be accompanied by remittance of a $289 filing fee.

PART 555--ACTIONS TO ADDRESS ADVERSE CONDITIONS AFFECTING U.S.-FLAG 
CARRIERS THAT DO NOT EXIST FOR FOREIGN CARRIERS IN THE UNITED 
STATES

0
27. The authority citation for part 555 continues to read as follows:

    Authority:  5 U.S.C. 553; sec. 10002 of the Foreign Shipping 
Practices Act of 1988 (46 U.S.C. 42301-42307).

0
28. The last sentence in Sec.  555.4 paragraph (a) is revised to read 
as follows:


Sec.  555.4  Petitions.

    (a) * * * The petition must be accompanied by remittance of a $289 
filing fee.
* * * * *

PART 560--ACTIONS TO ADDRESS CONDITIONS UNDULY IMPAIRING ACCESS OF 
U.S.-FLAG VESSELS TO OCEAN TRADE BETWEEN FOREIGN PORTS

0
29. The authority citation for part 560 continues to read as follows:

    Authority:  5 U.S.C. 553; secs. 13(b)(6), 15 and 17 of the 
Shipping Act of 1984, 46 U.S.C. 305, 40104, and 41108(d); sec. 10002 
of the Foreign Shipping Practices Act of 1988 (46 U.S.C. 42301-
42307).

0
30. The last sentence in Sec.  560.3 paragraph (a)(2) is revised to 
read as follows:


Sec.  560.3  Petitions for relief.

    (a) * * *
    (2) * * * The petition must be accompanied by remittance of a $289 
filing fee.
* * * * *

    By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2016-12326 Filed 5-26-16; 8:45 am]
 BILLING CODE 6731-AA-P
Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Proposed Rules 33637

The amounts of NUSA allowances may unit’s emissions in the 2015 control SUMMARY: The Federal Maritime
be increased in certain circumstances as period (annual or ozone season as Commission (Commission) proposes
set forth in §§ 97.412(a)(2), 97.512(a)(2), applicable), (2) the maximum first- amending its current user fees and
97.612(a)(2), and 97.712(a)(2). round 2016 NUSA allowance allocation invites public comment on whether the
The amounts of first-round allocations for which the unit is eligible (typically Commission should amend its user fees.
to eligible units from each NUSA are the unit’s emissions in the 2015 control Specifically, the Commission proposes
calculated according to the procedures period), (3) various adjustments to the increasing fees for: Filing complaints
set forth in §§ 97.412(a)(3)–(7) and (12), unit’s maximum allocation, many of and certain petitions; records searches,
97.512(a)(3)–(7) and (12), 97.612(a)(3)– which are necessary only if the NUSA document copying, and admissions to
(7) and (12), and 97.712(a)(3)–(7) and pool is oversubscribed, and (4) the practice; paper filing of ocean
(12). Generally, the procedures call for preliminary calculation of the unit’s transportation intermediary (OTI)
each eligible unit to receive a first-round first-round 2016 NUSA allowance applications; filing applications for
2016 NUSA allocation equal to its 2015 allocation. special permission; and filing
emissions as reported under 40 CFR part Each state worksheet also contains a agreements.
75 unless the total of such allocations to summary showing (1) the quantity of The Commission also proposes
all eligible units would exceed the allowances initially available in that lowering fees for: Reviewing Freedom of
amount of allowances in the NUSA, in state’s 2016 NUSA, (2) the sum of the Information Act (FOIA) requests;
which case the allocations are reduced first-round 2016 NUSA allowance revising clerical errors on service
on a pro-rata basis.5 allocations that will be made to new contracts; Revising clerical errors on
EPA notes that an allocation or lack units in that state, assuming there are no non-vessel-operating common carrier
of allocation of allowances to a given corrections to the data, and (3) the (NVOCC) service agreements; and
EGU does not constitute a determination quantity of allowances that would Commission services to passenger vessel
that CSAPR does or does not apply to remain in the 2016 NUSA for use in operators (PVOs).
the EGU. EPA also notes that allocations second-round allocations to new units In addition, the Commission proposes
are subject to potential correction. (or ultimately for allocation to existing repealing four existing fees for: Adding
The detailed unit-by-unit data and units), again assuming there are no interested parties to a specific docket
preliminary allowance allocation corrections to the data. mailing list; the Regulated Persons
calculations are set forth in Excel Objections should be strictly limited Index database; database reports on
spreadsheets titled to the data and calculations upon which Effective Carrier Agreements; and filing
‘‘CSAPR_NUSA_2016_NOX_Annual_1st the NUSA allowance allocations are petitions for rulemaking. The
_Round_Prelim_Data’’, ‘‘CSAPR_ based and should be emailed to the Commission also proposes adding a new
NUSA_2016_NOX_OS_1st_Round address identified in ADDRESSES. fee for requests for expedited review of
_Prelim_Data’’, and ‘‘CSAPR_ Objections must include: (1) Precise an agreement filing.
NUSA_2016_SO2_1st_Round_Prelim identification of the specific data and or
DATES: Comments are due on or before
_Data,’’ available on EPA’s Web site at calculations the commenter believes are
http://www3.epa.gov/crossstaterule/ inaccurate, (2) new proposed data and June 27, 2016.
actions.html. The three spreadsheets or calculations upon which the ADDRESSES: You may submit comments,
show EPA’s initial determinations of commenter believes EPA should rely identified by the docket number in the
2016 NUSA allocations for new units instead to determine allowance heading of this document, by any of the
subject to the CSAPR NOX Annual, NOX allocations, and (3) the reasons why following methods:
Ozone Season, and SO2 (Group 1 and EPA should rely on the commenter’s • Email: secretary@fmc.gov. Include
Group 2) trading programs, respectively. proposed data and or calculations and in the subject line: ‘‘Docket No. 16–06,
Each of the spreadsheets contains a not the data referenced in this notice. Comments on ‘‘Update of User Fees.’’
separate worksheet for each state Authority: 40 CFR 97.411(b), 97.511(b), Comments should be attached to the
covered by that program showing, for 97.611(b), and 97.711(b). email as a Microsoft Word or text-
each unit identified as eligible for a searchable PDF document. Comments
Dated: May 19, 2016.
first-round NUSA allocation, (1) the containing confidential information
Reid P. Harvey,
should not be submitted by email.
Director, Clean Air Markets Division, Office
97.710(a) because of rounding in the spreadsheet of
of Atmospheric Programs, Office of Air and • Mail: Karen V. Gregory, Secretary,
CSAPR FIP allowance allocations to existing units.
5 Subsequent allocations of any allowances Radiation. Federal Maritime Commission, 800
remaining in any 2016 NUSA after first-round [FR Doc. 2016–12485 Filed 5–26–16; 8:45 am]
North Capitol Street NW., Washington,
allocations will be addressed in future notices. Any DC 20573–0001. Phone: (202) 523–5725.
such allocations will be made according to the BILLING CODE 6560–50–P
Email: secretary@fmc.gov.
procedures set forth in §§ 97.412(a)(9), (10) and
(12), 97.512(a)(9), (10) and (12), 97.612(a)(9), (10) • Docket: For access to the docket to
and (12), and 97.712(a)(9), (10) and (12). Generally, read background documents or
new units that commenced commercial operations FEDERAL MARITIME COMMISSION comments received, go to: http://
in 2015 or 2016 will receive second-round 2016 www.fmc.gov/16-06.
NUSA allocations sufficient to bring the totals of 46 CFR Parts 502, 503, 515, 520, 530,
their first- and second-round allocations up to their 535, 540, 550, 555, and 560 FOR FURTHER INFORMATION CONTACT:
2016 emissions as reported under 40 CFR part 75 Karen V. Gregory, Secretary, Federal
unless the total of such second-round allocations [Docket No. 16–06] Maritime Commission, 800 North
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for all eligible units would exceed the remaining
amount of allowances in the NUSA, in which case RIN 3072–AC34
Capitol Street NW., Washington, DC
the second-round allocations will be reduced on a 20573–0001. Phone: (202) 523–5725.
pro-rata basis. Any allowances remaining in any Email: secretary@fmc.gov.
NUSA after second-round allocations to new Update of Existing and Addition of
units—along with any allowances remaining in any New User Fees SUPPLEMENTARY INFORMATION: The
corresponding Indian country NUSA—will be Commission’s current user fees are
allocated to the state’s existing units in proportion AGENCY: Federal Maritime Commission.
to their respective 2016 CSAPR FIP allocations of
based on an assessment of fiscal year
ACTION: Notice of proposed rulemaking. 2004 costs and have not been updated
non-NUSA allowances.

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33638 Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Proposed Rules

since 2005.1 Consequently, many of the Direct labor costs include clerical and lower fees for electronic filing of license
current user fees no longer represent the professional time expended on an applications through its FMC–18
Commission’s actual costs for providing activity. Indirect labor costs include automated filing system. The
services. The Commission is seeking labor provided by bureaus and offices Commission first adopted lower fees in
comments on possible adjustments to its that provide direct support to the fee- 2007 to promote the use of the
user fees based on fiscal year 2015 costs generating offices in their efforts to electronic filing option by the public
assessed through a new methodology for provide services, and include and to facilitate the transfer of OTI
calculating costs for services provided managerial and supervisory costs records from a paper-based format to a
by the Commission. associated with providing a particular more convenient and accessible digital
The Independent Offices service. Other indirect costs include format.4 As intended, the majority of
Appropriation Act of 1952 (IOAA), 31 Government overhead costs, such as OTI applicants are using the automated
U.S.C. 9701, authorizes agencies to fringe benefits and other wage-related system and paying the reduced fees. In
establish charges (user fees) for services Government contributions contained in fiscal year 2015, the total number of OTI
and benefits that it provides to specific OMB Circular A–76, Performance of applicants using the automated filing
recipients. Under the IOAA, charges Commercial Activities (revised May 29, system at the reduced fees was 619, and
must be fair and based on the costs to 2003) and office general and the total number of OTI applicants filing
the Government, the value of the service administrative expenses.3 The sum of their applications in paper format at the
or thing to the recipient, the public these indirect cost components gives an higher fees was 44. This program has
policy or interest served, and other indirect cost factor that is added to the been successful and the Commission
relevant facts. The IOAA also provides direct labor costs of an activity to arrive proposes continuing to offer the lower
that regulations implementing user fees at the fully distributed cost. fees for electronic filing at the current
are subject to policies prescribed by the fee amounts.5
President, which are currently set forth Proposed Fee Adjustments The Commission proposes decreasing
in OMB Circular A–25, User Charges The adjustments the Commission fees for the Commission’s services to
(revised July 8, 1993). proposes will allow some user fees to passenger vessel operators (PVOs) under
OMB Circular A–25 requires agencies remain unchanged; increase, reduce, or 46 CFR part 540. These services include
to conduct a periodic reassessment of delete other fees; and add one new fee. reviewing and processing the
costs and, if necessary, adjust or The Commission proposes making application for certification on
establish new fees. Under OMB Circular upward adjustments of fees to reflect performance; the supplemental
A–25, fees should be established for increases in salary and indirect application on performance for the
Government-provided services that (overhead) costs. For some services, an addition or substitution of a vessel; the
confer benefits on identifiable recipients increase in processing or review time application for certification on casualty,
over and above those benefits received may account for all or part of increase and the supplemental application on
by the general public. OMB Circular A– in the amount of the proposed fees. For casualty for the addition or substitution
25 also provides that agencies should other services, fees may be lower than of a vessel.
determine or estimate costs based on the current fees due to an overall reduced For reviews of requests filed under
best available records in the agency, and cost to provide those services. FOIA, the Commission proposes
that cost computations must cover the The Commission assesses nominal lowering the fees due to the change in
direct and indirect costs to the agency processing fees for services related to grade level of the professional staff that
providing the activity. the filing of complaints and certain review FOIA requests. For revisions of
Fee Assessment Methodology petitions; various public information clerical errors on service contracts, the
services, such as records searches, Commission proposes lowing the fee
Applying the guidance for assessing document copying, and admissions to due to the reduction in processing time.
fees provided in OMB Circular A–25, practice; and filing applications for The Commission proposes repealing
the Commission has revised its special permission. Due to an increase the user fee for obtaining a copy of the
methodology for computing fees to in the processing cost of these services, Regulated Persons Index given that it is
determine the full costs of providing the Commission is proposing adjusting currently available on the Commission’s
services.2 A detailed description of the upward these administrative fees based Web site. The Commission also
methodology, as established by the on an assessment of fiscal year 2015 proposes repealing the current fee
Commission’s Office of Budget and costs. Similarly, the Commission assessed for adding an interested party
Finance, is available in the docket to proposes adjusting upward the user fees to a specific docket mailing list under
this rulemaking. associated with agreements filed under § 503.50(d), and the fee assessed under
The Commission has developed data 46 CFR part 535 because of the increase § 535.401(h) for obtaining a Commission
on the time and cost involved in in reviewing and analyzing the agreement database report.
providing particular services to arrive at agreement filings. In addition, the Commission proposes
the updated direct and indirect labor With respect to OTI license repealing the user fee for filing petitions
costs for those services. As part of its applications, the Commission offers for rulemaking found in § 503.51(a).
assessment, the Commission utilized
salaries of Full Time Equivalents (FTEs) 3 OMB Circular A–76 lists the following indirect 4 FMC Docket No. 07–08, Optional Method of

assigned to fee-generating activities to labor costs: Leave and holidays, retirement, Filing Form FMC–18, Application for a License as
identify the various direct and indirect worker’s compensation, awards, health and life an Ocean Transportation Intermediary, 72 FR
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insurance, and Medicare. General and 44976, 44977 (Aug. 10, 2007).
costs associated with providing services. administrative costs are expressed as a percentage 5 While the automated filing system allows users

of basic pay. These include all salaries and to file their applications electronically, the
1 The Commission established the fee for filing or
overhead such as rent, utilities, supplies, and automated system for processing the applications is
updating OTI license applications electronically in equipment allocated to Commission offices that still under development. The fees for the electronic
2007. provide direct support to fee-generating offices such filing of OTI applications will be addressed by the
2 The revised methodology also satisfies the as the Office of the Managing Director, Office of Commission when the entire FMC–18 automated
recommendations set forth in the Commission’s Information Technology, Office of Human system is complete and operational, and the costs
Office of Inspector General’s report, Review of Resources, Office of Budget and Finance, and the of the system and its impact on the review of OTI
FMC’s User Fee Calculations (May 27, 2010). Office of Management Services. applications can be quantified.

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Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Proposed Rules 33639

This would align the Commission with Paperwork Reduction Act 46 CFR Part 535
the practice of other agencies, the vast Administrative practice and
The Paperwork Reduction Act of 1995
majority of which do not impose a fee procedure, Maritime carriers, Reporting
(44 U.S.C. 3501–3521) requires an
to file petitions for rulemaking. and recordkeeping requirements.
agency to seek and receive approval
Repealing this user fee would also
from the Office of Management and 46 CFR Part 540
enhance access to the rulemaking Budget (OMB) before making most
process, thereby making it fairer and requests for information if the agency is Insurance, Maritime carriers,
more open. requesting information from more than Penalties, Reporting and recordkeeping
The Commission also proposes ten persons. 44 U.S.C. 3507. The agency requirements, Surety bonds.
adding a new fee for processing requests must submit collections of information 46 CFR Part 550
for expedited review of an agreement in proposed rules to OMB in
under § 535.605, which allows filing conjunction with the publication of the Administrative practice and
parties to request that the 45-day proposed rulemaking. 5 CFR 1320.11. procedure, Maritime carriers.
waiting period be shortened to meet an The Commission is not proposing any 46 CFR Part 551
operational urgency. The Commission collections of information, as defined by
believes that a fee for processing such 44 U.S.C. 3502(3) and 5 CFR 1320.3(c), Administrative practice and
requests is necessary to recoup the cost as part of this proposed rule. procedure, Maritime carriers.
of publishing a separate Federal 46 CFR Part 555
Regulation Identifier Number
Register notice for expedited review.
Administrative practice and
This new fee would be assessed in The Commission assigns a regulation procedure, Investigations, Maritime
addition to the underlying agreement identifier number (RIN) to each carriers.
filing fee required by § 535.401(g). regulatory action listed in the Unified
The Commission welcomes comments Agenda of Federal Regulatory and 46 CFR Part 560
on its new fee calculation methodology Deregulatory Actions (Unified Agenda). Administrative practice and
and possible fee adjustments. The Regulatory Information Service procedure, Maritime carriers.
Center publishes the Unified Agenda in
Regulatory Analysis and Notices For the reasons set forth above, the
April and October of each year. You
Federal Maritime Commission proposes
may use the RIN contained in the
Regulatory Flexibility Act to amend 46 CFR parts 502, 503, 515,
heading at the beginning of this
520, 530, 535, 540, 550, 555, and 560 as
The Regulatory Flexibility Act, 5 document to find this action in the
follows:
U.S.C. 601 et seq., requires an agency to Unified Agenda, available at http://
review regulations to assess their impact www.reginfo.gov/public/do/ PART 502—RULES OF PRACTICE AND
on small entities and prepare an initial eAgendaMain. PROCEDURE
regulatory flexibility analysis (IRFA), List of Subjects
unless the agency head determines that ■ 1. The authority citation for part 502
the regulatory action will not have a 46 CFR Part 502 continues to read as follows:
significant impact on a substantial Administrative practice and Authority: 5 U.S.C. 504, 551, 552, 553,
number of small entities. The proposed procedure, Claims, Equal access to 556(c), 559, 561–569, 571–584; 591–596; 18
adjusted user fees reflect the costs of justice, Investigations, Lawyers, U.S.C. 207; 28 U.S.C. 2112(a); 31 U.S.C. 9701;
specific Commission services for Maritime carriers, Penalties, Reporting 46 U.S.C. 305, 40103–40104, 40304, 40306,
identifiable recipients. The economic 40501–40503, 40701–40706, 41101–41109,
and recordkeeping requirements. 41301–41309, 44101–44106; 5 CFR part 2635.
impact of user fees on a small entity
results from the entity requesting a 46 CFR Part 503
Subpart D—Rulemaking
particular service that requires payment Classified information, Freedom of
of a fee for that service. The dollar Information, Privacy, Sunshine Act. § 502.51 [Amended]
amount of each user fee proposed in this ■ 2. In § 502.51, amend paragraph (a) by
rule is not substantial enough to have a 46 CFR Part 515
removing ‘‘§ 502.74’’ and adding in its
significant economic impact on any Exports, Freight forwarders, Non- place ‘‘§ 502.69’’ and removing the
entity subject to the user fee. The vessel-operating common carriers, fourth sentence.
proposed increases in user fees is below Ocean transportation intermediaries,
the rise in inflation and employment Licensing requirements, Financial Subpart E—Proceedings; Pleadings;
cost from the last assessment in fiscal responsibility requirements, Reporting Motions; Replies
year 2004. Furthermore, the and recordkeeping requirements. ■ 3. In § 502.62, paragraph (a)(6) is
Commission’s regulations provide for a
46 CFR Part 520 revised to read as follows:
waiver or reduction of any fee in
extraordinary situations. 46 CFR 503.42. Common carrier, Freight, Intermodal § 502.62 Private party complaints for
The Chairman of the Commission, transportation, Maritime carriers, formal adjudication.
therefore, certifies that the proposed Reporting and recordkeeping (a) * * *
rule, if promulgated, will not have a requirements. (6) Filing fee: The complaint must be
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significant economic impact on a accompanied by remittance of a $289
substantial number of small entities.6 46 CFR Part 530
filing fee.
Freight, Maritime carriers, Report and * * * * *
6 Inextraordinary situations, the Commission will recordkeeping requirements. ■ 4. In § 502.75, revise paragraph (a)(3)
accept requests for waivers or fee reductions. Such
request must demonstrate that the waiver or 46 CFR Part 531 to read as follows:
reduction of a fee is in the best interest of the
public, or that payment of a fee would impose an Freight, Maritime carriers, Report and § 502.75 Declaratory orders and fee.
undue hardship. recordkeeping requirements. (a) * * *

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Document Created: 2018-02-07 15:09:35
Document Modified: 2018-02-07 15:09:35
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments are due on or before June 27, 2016.
Contact		Karen V. Gregory, Secretary, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573-0001. Phone: (202) 523-5725. Email: [email protected]
FR Citation		81 FR 33637
RIN Number		3072-AC34
CFR Citation		46 CFR 502 46 CFR 503 46 CFR 515 46 CFR 520 46 CFR 530 46 CFR 535 46 CFR 540 46 CFR 550 46 CFR 555 46 CFR 560
CFR Associated		Administrative Practice and Procedure; Claims; Equal Access to Justice; Investigations; Lawyers; Maritime Carriers; Penalties; Reporting and Recordkeeping Requirements; Classified Information; Freedom of Information; Privacy; Sunshine Act; Exports; Freight Forwarders; Non-Vessel-Operating Common Carriers; Ocean Transportation Intermediaries; Licensing Requirements; Financial Responsibility Requirements; Common Carrier; Freight; Intermodal Transportation; Report and Recordkeeping Requirements; Insurance and Surety Bonds