81 FR 59141 - Update of Existing and Addition of New User Fees

FEDERAL MARITIME COMMISSION

Federal Register Volume 81, Issue 167 (August 29, 2016)

Page Range		59141-59145
FR Document		2016-20647
The Federal Maritime Commission (Commission) is amending its user fees to more accurately align fees with the costs associated with each service provided by the Commission. Specifically, the Commission is 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 is also 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 arrangements; and Commission services to passenger vessel operators (PVOs). In addition, the Commission is 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, and adding a new fee for requests for expedited review of an agreement filing.
Federal Register, Volume 81 Issue 167 (Monday, August 29, 2016)
[Federal Register Volume 81, Number 167 (Monday, August 29, 2016)]
[Rules and Regulations]
[Pages 59141-59145]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20647]


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FEDERAL MARITIME COMMISSION

46 CFR Parts 502, 503, 515, 520, 530, 531, 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: Final rule.

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SUMMARY: The Federal Maritime Commission (Commission) is amending its 
user fees to more accurately align fees with the costs associated with 
each service provided by the Commission. Specifically, the Commission 
is 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 is also 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 arrangements; and Commission services to 
passenger vessel operators (PVOs).
    In addition, the Commission is 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, and adding a new fee 
for requests for expedited review of an agreement filing.

DATES: Effective October 1, 2016.

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 
since 2005.\1\ Consequently, many of the current user fees no longer 
represent the Commission's actual costs for providing services. The 
Commission is adjusting 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

[[Page 59142]]

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.
    On March 21, 2016, the Commission issued an Advanced Notice of 
Proposed Rulemaking (ANPRM), 81 FR 15002, seeking public comment and 
did not receive any comments. The Commission again sought public 
comment by issuing a Notice of Proposed Rulemaking (NPRM), 81 FR 33637, 
on May 27, 2016. The Commission received two comments in response to 
the NPRM, one from an individual and one from the World Shipping 
Council.
    The individual commenter requested that the Commission eliminate 46 
CFR 503.50(c)(1)(ii) and (c)(3)(iii) to avoid ambiguity, improve 
clarity, and conform to typical federal agency practice. The commenter 
claims that the wording is ambiguous because the proposed language 
states that the minimum charge for a records search is $27, but the 
Commission does not charge a fee for two hours of search for 
noncommercial requesters. The Commission provides an exception to the 
minimum search fee for educational and noncommercial scientific 
institution requesters and for representatives of the news media 
requesters because the Freedom of Information Act (FOIA), 5 U.S.C. 
552(a)(4)(A)(ii), precludes agencies from imposing a search fee when 
the requester is not seeking documents for a commercial use. The 
commenter also argues that there is ambiguity in the proposed language 
because there are existing provisions where the Commission does not 
charge a fee at all if the processing of the fee were likely to equal 
or exceed the fee itself. The Commission provides this de minimus 
exception, in accordance with 5 U.S.C. 552(a)(A)(iv)(I). While the 
Commission does not consider Sec.  503.50(c)(1)(ii) and (c)(3)(iii) as 
proposed in the NPRM to be confusing, we are adding the phrase ``Unless 
an exception provided in Sec.  503.50(b)(2) applies'' to make the rule 
unequivocally clear.
    The individual commenter requested that the Commission not adopt 
certain portions of proposed Sec.  503.50(c)(3)(i) and (ii) because 
they do not reflect OMB FOIA Fee Guidelines. Similarly, the commenter 
requested that Sec.  503.69(b)(1) not be modified because the 
Commission did not provide a rationale for the change in duplication 
fees and there is no evidence that there has been any examination of 
the actual per page direct cost of xerographic duplication.
    The individual also commented that the basis for the rule change in 
Sec.  503.69(b)(1) is unclear and that it is unclear where the 
Regulated Persons Index is located on the Commission's Web site.
    The World Shipping Council requests that the Commission provide 
detailed cost information for each service it provides and requests an 
additional 45-day comment period. The Commission believes transparency 
and public participation is essential in amending user fees and has 
afforded stakeholders two opportunities to comment on the proposed 
changes. Furthermore, the Commission provided a summary of the fee 
assessment methodology in both the ANPRM and NPRM. In addition, the 
Commission provided a detailed description of the methodology in the 
docket to this rulemaking, as well as a detailed fee index. In the 
interest of transparency, the Commission will place the cost analysis 
for each service in the docket. The Commission, however, believes that 
ample time and information has been provided for public comment and, 
therefore, will not go forward with a third comment period.

Fee Adjustments

    The adjustments will allow some user fees to remain unchanged; 
increase, reduce, or delete other fees; and add one new fee. The 
Commission is increasing 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 the increase in the 
amount of the fees. For other services, fees are 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 adjusting upward these administrative fees 
based on an assessment of fiscal year 2015 costs. Similarly, the 
Commission is 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 fees for electronic 
filing of license applications through the Commission's FMC-18 
automated filing system are lower than the fees to file paper 
applications. 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.\2\ 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 is continuing to offer the lower fees for 
electronic filing at the current fee amounts.\3\
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    \2\ 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).
    \3\ 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 is 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 is 
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 is lowering the fee due to the 
reduction in processing time.
    The Commission is 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. (http://www2.fmc.gov/oti/) 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 is repealing the user fee for filing 
petitions for rulemaking found in Sec.  503.51(a). This aligns 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

[[Page 59143]]

process, thereby making it fairer and more open.
    The Commission is also 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 
will be assessed in addition to the underlying agreement filing fee 
required by Sec.  535.401(g).

Regulatory Analysis and Notices

Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601 et. seq., requires an 
agency to review final rules to assess their impact on small entities 
and prepare a final regulatory flexibility analysis (FRFA), unless the 
agency head determines that the regulatory action will not have a 
significant impact on a substantial number of small entities. The 
Chairman certified, in the NPRM, that the proposed rule would not have 
a significant economic impact on a substantial number of small 
entities. The 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. On average, as weighted by the volume of fee assessments 
for fiscal year 2015, the total increase in user fees is below the rise 
in inflation and employment costs 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 
final rule, will not have a significant economic impact on a 
substantial number of small entities.\4\
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    \4\ 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. This final rule does not contain any collections of information, 
as defined by 44 U.S.C. 3502(3) and 5 CFR 1320.3(c).

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 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 
amends 46 CFR parts 502, 503, 515, 520, 530, 535, 540, 550, 555, and 
560 as follows:

PART 502--RULES OF PRACTICE AND PROCEDURE

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

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

[[Page 59144]]

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 is revised 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, 3 CFR, 2010 Comp., p. 298, 
sections 5.1(a) and (b).

Subpart F--Fees

0
10. In Sec.  503.50, paragraph (c)(1) introductory text, paragraphs 
(c)(1)(i) and (ii); the first sentence of paragraph (c)(2); paragraphs 
(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) Unless an exception provided in paragraph (b)(2) of this 
section applies, the 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) Unless an exception provided in paragraph (b)(2) of this 
section applies, the 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
15. 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
16. 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.


0
17. 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
18. 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
19. In Sec.  530.10, paragraph (c) introductory 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 
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:
* * * * *

[[Page 59145]]

PART 531--NVOCC SERVICE ARRANGEMENTS

0
20. The authority citation for Part 531 continues to read as follows:

    Authority:  46 U.S.C. 40103.


0
21. 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--OCEAN COMMON CARRIER AND MARINE TERMINAL OPERATOR 
AGREEMENTS SUBJECT TO THE SHIPPING ACT OF 1984

0
22. 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
24. 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
25. 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
26. 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
27. 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.
* * * * *

PART 550--REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO 
SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES

0
28. The authority citation for Part 550 continues to read as follows:

    Authority:  5 U.S.C. 553; 46 U.S.C. 301-307; sec. 19 (a)(2), 
(e), (f), (g), (h), (i), (j), (k) and (l) of the Merchant Marine 
Act, 1920, 46 U.S.C. 42101 and 42104-42109; and sec. 10002 of the 
Foreign Shipping Practices Act of 1988, 46 U.S.C. 42301-42307.

Subpart D--Petitions for Section 19 Relief

0
29. 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
30. 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
31. 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
32. 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
33. 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. 2016-20647 Filed 8-26-16; 8:45 am]
 BILLING CODE 6731-AA-P
Federal Register / Vol. 81, No. 167 / Monday, August 29, 2016 / Rules and Regulations 59141

objections to this direct final rule are List of Subjects in 40 CFR Part 52 Authority: 42 U.S.C. 7401 et seq.
encouraged to file a comment in Environmental protection, Air
response to the parallel notice of Subpart EE—New Hampshire
pollution control, Incorporation by
proposed rulemaking for this action reference, Ozone, Reporting and ■ 2. In § 52.1520(d), the table is
published in the proposed rules section recordkeeping requirements, Volatile amended by removing existing entries
of today’s Federal Register, rather than organic compounds. for Parker-Hanifan Corporation, Textile
file an immediate petition for judicial Dated: August 15, 2016. Tapes Corporation (2 entries), and
review of this direct final rule, so that H. Curtis Spalding, Webster Valve, and adding new entries
EPA can withdraw this direct final rule Regional Administrator, EPA New England. for Parker-Hannifin Corporation, Textile
and address the comment in the Tapes Corporation, and Watts Regulator
Part 52 of chapter I, title 40 of the
proposed rulemaking. This action may Company to the end of the table to read
Code of Federal Regulations is amended
not be challenged later in proceedings to as follows:
as follows:
enforce its requirements. (See section
307(b)(2).) § 52.1520 Identification of plan.
PART 52—[AMENDED]
* * * * *
■ 1. The authority citation for part 52 (d) EPA-approved State Source
continues to read as follows: specific requirements.
EPA-APPROVED NEW HAMPSHIRE SOURCE SPECIFIC REQUIREMENTS
Additional
State effective
Name of source Permit No. EPA approval date 2 explanations/
date § 52.1535 citation

* * * * * * *
Parker-Hannifin Corporation .......................................... ARD 03–001A 10/22/2014 8/29/2016 [Insert Federal VOC RACT Order.
Register citation].
Textile Tapes Corporation ............................................. ARD–96–001 7/30/2015 8/29/2016 [Insert Federal VOC RACT Order.
Register citation].
Watts Regulator Company ............................................. ARD 07–001 8/21/2015 8/29/2016 [Insert Federal VOC RACT Order.
Register citation].
* * * * * * *
2
In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this col-
umn for the particular provision.

* * * * * The Commission is also lowering fees current user fees no longer represent the
[FR Doc. 2016–20538 Filed 8–26–16; 8:45 am] for: Reviewing Freedom of Information Commission’s actual costs for providing
BILLING CODE 6560–50–P Act (FOIA) requests; revising clerical services. The Commission is adjusting
errors on service contracts; revising its user fees based on fiscal year 2015
clerical errors on non-vessel-operating costs assessed through a new
FEDERAL MARITIME COMMISSION common carrier (NVOCC) service methodology for calculating costs for
arrangements; and Commission services services provided by the Commission.
46 CFR Parts 502, 503, 515, 520, 530, to passenger vessel operators (PVOs). The Independent Offices
531, 535, 540, 550, 555, and 560 In addition, the Commission is Appropriation Act of 1952 (IOAA), 31
repealing four existing fees for: Adding U.S.C. 9701, authorizes agencies to
[Docket No. 16–06] interested parties to a specific docket establish charges (user fees) for services
mailing list; the Regulated Persons and benefits that it provides to specific
RIN 3072–AC34
Index database; database reports on recipients. Under the IOAA, charges
Update of Existing and Addition of Effective Carrier Agreements; and filing must be fair and based on the costs to
New User Fees petitions for rulemaking, and adding a the Government, the value of the service
new fee for requests for expedited or thing to the recipient, the public
AGENCY: Federal Maritime Commission. review of an agreement filing. policy or interest served, and other
ACTION: Final rule. DATES: Effective October 1, 2016. relevant facts. The IOAA also provides
FOR FURTHER INFORMATION CONTACT: that regulations implementing user fees
SUMMARY: The Federal Maritime Karen V. Gregory, Secretary, Federal are subject to policies prescribed by the
Commission (Commission) is amending Maritime Commission, 800 North President, which are currently set forth
its user fees to more accurately align Capitol Street NW., Washington, DC in OMB Circular A–25, User Charges
fees with the costs associated with each 20573–0001. Phone: (202) 523–5725. (revised July 8, 1993).
service provided by the Commission. Email: secretary@fmc.gov. OMB Circular A–25 requires agencies
Specifically, the Commission is to conduct a periodic reassessment of
SUPPLEMENTARY INFORMATION: The
increasing fees for: Filing complaints costs and, if necessary, adjust or
Commission’s current user fees are
jstallworth on DSK7TPTVN1PROD with RULES

and certain petitions; records searches, establish new fees. Under OMB Circular
based on an assessment of fiscal year
document copying, and admissions to A–25, fees should be established for
2004 costs and have not been updated
practice; paper filing of ocean Government-provided services that
since 2005.1 Consequently, many of the
transportation intermediary (OTI) confer benefits on identifiable recipients
applications; filing applications for 1 The Commission established the fee for filing or over and above those benefits received
special permission; and filing updating OTI license applications electronically in by the general public. OMB Circular A–
agreements. 2007. 25 also provides that agencies should

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Federal Register / Vol. 81, No. 167 / Monday, August 29, 2016 / Rules and Regulations 59143

process, thereby making it fairer and Budget (OMB) before making most 46 CFR Part 550
more open. requests for information if the agency is Administrative practice and
The Commission is also adding a new requesting information from more than procedure, Maritime carriers.
fee for processing requests for expedited ten persons. 44 U.S.C. 3507. This final
review of an agreement under § 535.605, rule does not contain any collections of 46 CFR Part 555
which allows filing parties to request information, as defined by 44 U.S.C. Administrative practice and
that the 45-day waiting period be 3502(3) and 5 CFR 1320.3(c). procedure, Investigations, Maritime
shortened to meet an operational carriers.
Regulation Identifier Number
urgency. The Commission believes that
a fee for processing such requests is The Commission assigns a regulation 46 CFR Part 560
necessary to recoup the cost of identifier number (RIN) to each Administrative practice and
publishing a separate Federal Register regulatory action listed in the Unified procedure, Maritime carriers.
notice for expedited review. This new Agenda of Federal Regulatory and For the reasons set forth above, the
fee will be assessed in addition to the Deregulatory Actions (Unified Agenda). Federal Maritime Commission amends
underlying agreement filing fee required The Regulatory Information Service 46 CFR parts 502, 503, 515, 520, 530,
by § 535.401(g). Center publishes the Unified Agenda in 535, 540, 550, 555, and 560 as follows:
Regulatory Analysis and Notices April and October of each year. You
may use the RIN contained in the PART 502—RULES OF PRACTICE AND
Regulatory Flexibility Act heading at the beginning of this PROCEDURE
The Regulatory Flexibility Act, 5 document to find this action in the
Unified Agenda, available at http:// ■ 1. The authority citation for Part 502
U.S.C. 601 et. seq., requires an agency continues to read as follows:
to review final rules to assess their www.reginfo.gov/public/do/
impact on small entities and prepare a eAgendaMain. Authority: 5 U.S.C. 504, 551, 552, 553,
556(c), 559, 561–569, 571–584; 591–596; 18
final regulatory flexibility analysis List of Subjects U.S.C. 207; 28 U.S.C. 2112(a); 31 U.S.C. 9701;
(FRFA), unless the agency head 46 U.S.C. 305, 40103–40104, 40304, 40306,
determines that the regulatory action 46 CFR Part 502
40501–40503, 40701–40706, 41101–41109,
will not have a significant impact on a Administrative practice and 41301–41309, 44101–44106; 5 CFR part 2635.
substantial number of small entities. procedure, Claims, Equal access to
The Chairman certified, in the NPRM, justice, Investigations, Lawyers, Subpart D—Rulemaking
that the proposed rule would not have Maritime carriers, Penalties, Reporting § 502.51 [Amended]
a significant economic impact on a and recordkeeping requirements.
substantial number of small entities. ■ 2. In § 502.51, amend paragraph (a) by
The adjusted user fees reflect the costs 46 CFR Part 503 removing ‘‘§ 502.74’’ and adding in its
of specific Commission services for Classified information, Freedom of place ‘‘§ 502.69’’ and removing the
identifiable recipients. The economic Information, Privacy, Sunshine Act. fourth sentence.
impact of user fees on a small entity
results from the entity requesting a 46 CFR Part 515 Subpart E—Proceedings; Pleadings;
particular service that requires payment Motions; Replies
Exports, Freight forwarders, Non-
of a fee for that service. The dollar vessel-operating common carriers, ■ 3. In § 502.62, paragraph (a)(6) is
amount of each user fee proposed in this Ocean transportation intermediaries, revised to read as follows:
rule is not substantial enough to have a Licensing requirements, Financial
significant economic impact on any responsibility requirements, Reporting § 502.62 Private party complaints for
entity subject to the user fee. On and recordkeeping requirements.
formal adjudication.
average, as weighted by the volume of (a) * * *
fee assessments for fiscal year 2015, the 46 CFR Part 520 (6) Filing fee: The complaint must be
total increase in user fees is below the accompanied by remittance of a $289
Common carrier, Freight, Intermodal
rise in inflation and employment costs filing fee.
transportation, Maritime carriers,
from the last assessment in fiscal year * * * * *
Reporting and recordkeeping
2004. Furthermore, the Commission’s ■ 4. In § 502.75, revise paragraph (a)(3)
requirements.
regulations provide for a waiver or to read as follows:
reduction of any fee in extraordinary 46 CFR Part 530
situations. 46 CFR 503.42. The § 502.75 Declaratory orders and fee.
Chairman of the Commission, therefore, Freight, Maritime carriers, Report and
recordkeeping requirements. (a) * * *
certifies that the final rule, will not have (3) Petitions must be accompanied by
a significant economic impact on a 46 CFR Part 531 remittance of a $289 filing fee.
substantial number of small entities.4 * * * * *
Freight, Maritime carriers, Report and
Paperwork Reduction Act recordkeeping requirements. ■ 5. In § 502.76, revise paragraph (b) to

The Paperwork Reduction Act of 1995 read as follows:
46 CFR Part 535
(44 U.S.C. 3501–3521) requires an § 502.76 Petitions-general and fee.
agency to seek and receive approval Administrative practice and
* * * * *
jstallworth on DSK7TPTVN1PROD with RULES

from the Office of Management and procedure, Maritime carriers, Reporting
(b) Petitions must be accompanied by
and recordkeeping requirements.
4 In extraordinary situations, the Commission will
remittance of a $289 filing fee. [Rule 76.]
accept requests for waivers or fee reductions. Such
46 CFR Part 540
request must demonstrate that the waiver or
Subpart K—Shortened Procedure
reduction of a fee is in the best interest of the
Insurance, Maritime carriers,
public, or that payment of a fee would impose an Penalties, Reporting and recordkeeping ■ 6. The last sentence of § 502.182 is
undue hardship. requirements, Surety bonds. revised to read as follows:

VerDate Sep<11>2014 14:52 Aug 26, 2016 Jkt 238001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\29AUR1.SGM 29AUR1
Document Created: 2016-08-26 23:49:16
Document Modified: 2016-08-26 23:49:16
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		Rules and Regulations
Action		Final rule.
Dates		Effective October 1, 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 59141
RIN Number		3072-AC34
CFR Citation		46 CFR 502 46 CFR 503 46 CFR 515 46 CFR 520 46 CFR 530 46 CFR 531 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