83 FR 50290 - Update of Existing User Fees
FEDERAL MARITIME COMMISSION Federal Register Volume 83, Issue 194 (October 5, 2018)
Federal Register Volume 83, Issue 194 (October 5, 2018)
| Page Range | 50290-50295 | |
| FR Document | 2018-21671 |
[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)] [Rules and Regulations] [Pages 50290-50295] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21671] ======================================================================= ----------------------------------------------------------------------- FEDERAL MARITIME COMMISSION 46 CFR Parts 502, 503, 515, 520, 530, 535, 540, 550, 555, and 560 [Docket No. 18-08] RIN 3072-AC72 Update of Existing User Fees AGENCY: Federal Maritime Commission. ACTION: Direct final rule; request for comments. ----------------------------------------------------------------------- SUMMARY: The Federal Maritime Commission (Commission) is updating its current user fees and amending the relevant regulations to reflect these updates. DATES: The rule is effective without further action on December 19, 2018, unless significant adverse comments are [[Page 50291]] filed prior to November 5, 2018. If significant adverse comments are received, the Commission will publish a timely withdrawal of the rule in the Federal Register no later than November 19, 2018. ADDRESSES: You may submit comments, identified by Docket No. 18-08, by the following methods:Email: [email protected]. For comments, include in the subject line: ``Docket 18-08, Comments on User Fee Update.'' Comments should be attached to the email as a Microsoft Word or text-searchable PDF document. Only non-confidential and public versions of confidential comments and petitions should be submitted by email. Mail: Rachel E. Dickon, Secretary, Federal Maritime Commission, 800 North Capitol Street NW, Washington, DC 20573-0001. Instructions: For detailed instructions on submitting comments, including requesting confidential treatment of comments, and additional information on the rulemaking process, see the Public Participation heading of the Supplementary Information section of this document. Note that all comments received will be posted without change to the Commission's website, unless the commenter has requested confidential treatment. Docket: For access to the docket to read background documents or comments received, go to the Commission's Electronic Reading Room at:http://www.fmc.gov/18-08, or to the Docket Activity Library at 800 North Capitol Street NW, Washington, DC 20573, 9:00 a.m. to 5:00 p.m., Monday through Friday, except Federal holidays. Telephone: (202) 523- 5725. FOR FURTHER INFORMATION CONTACT: Rachel E. Dickon, Secretary. Phone: (202) 523-5725. Email: [email protected]. SUPPLEMENTARY INFORMATION: I. Background 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 they provide 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 Office of Management and Budget (OMB) Circular A-25, User Charges (revised July 8, 1993). Under OMB Circular A-25, fees must 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 further provides that user fees must be sufficient to recover the full cost to the government for providing the service, resource, or good. Agencies are advised to determine or estimate costs based on the best available records in the agency and to ensure that cost computations cover the direct and indirect costs to the agency of providing the service. OMB Circular A-25 also directs agencies to review biennially: (1) User charges for agency programs to assure that existing charges are adjusted to reflect unanticipated changes in costs or market values; and (2) all other agency programs to determine whether fees should be assessed. The Commission last reviewed and updated its user fees in 2016, when it revised its methodology for assessing fees to conform to OMB Circular A-25. 81 FR 59141 (Aug. 29, 2016). II. Fee Adjustments The Commission has reviewed its 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.\1\ 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. A more detailed description of the Commission's methodology has been included in the docket. --------------------------------------------------------------------------- \1\ 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. --------------------------------------------------------------------------- The Commission is increasing some 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. One fee is being removed, and no new fees are being added. The Commission is including in the docket two supporting documents providing detailed information on the updated user fee calculations. The first document shows the current direct and indirect costs for each service for which a fee is assessed. The second document compares the current fee amounts established in 2016 with the updated fee amounts reflecting the current costs, showing the percentage increase or decrease and change in dollar amount. We briefly describe below those changes that result in more than a 10 percent increase or decrease to a particular fee. A. Informal Small Claims (Part 502) The filing fee for informal small claims filed under subpart S of the Commission's Rules of Practice and Procedure (46 CFR part 502) is increasing from $85.00 to $106.00 due to a shift in some of the reviewing and processing time from Office of the Secretary staff to the Secretary. B. Record Search and Document Duplication Fees (Part 503) The hourly rate for document searches in response to Freedom of Information Act (FOIA) requests are increasing as follows: From $27 to $52 per hour for clerical/administrative personnel and from $57 to $81 per hours for professional executive personnel. The minimum charge for a records search is increasing from $27 to $31. The fee for the review of records to determine whether they are exempt from disclosure is increasing from $57 per hour to $105 per hour. These updated rates reflect the higher fiscal year 2017 salaries of the employees performing these tasks. The fees for duplicating records and documents are also increasing. Similar to the search charges, the hourly rate for duplicating documents is increasing [[Page 50292]] from $27 to $57, and the minimum duplication charge is also increasing from $5 to $6, to reflect the higher salaries of staff performing these services. C. Certification and Validation of Documents (Part 503) The fees for certifying and validating documents filed with or issued by the Commission is increasing from $84 to $124. This updated fee reflects the higher fiscal year 2017 salaries of the staff who perform these tasks. D. Non-Attorney Admission To Practice (Part 503) The application fee for non-attorneys seeking admission to practice before the Commission is increasing from $153 to $208. This updated fee reflects the higher fiscal year 2017 salaries of the employees who review and process these applications. E. Docket Mailing List (Part 503) The Commission is removing the $9 fee associated with being placed on a mailing list to receive all issuances pertaining to a specific docket. Docket issuances are posted in the electronic reading room on the Commission's website,\2\ and mailing lists for specific dockets are therefore no longer necessary. --------------------------------------------------------------------------- \2\ https://www.fmc.gov/electronic_reading_room/activity_logs.aspx. --------------------------------------------------------------------------- F. OTI Licensing Fees (Part 515) The paper application fee for a new ocean transportation intermediary (OTI) license is increasing from $1,055 to $1,962, and the paper application fee for a change to an OTI license or license transfer is increasing from $735 to $1,548. These changes reflect increased review and processing times for these applications. Fees for electronically filed applications remain the same: $250 for new OTI licenses and $125 for changes to an OTI license or license transfer. While the automated filing system allows users to file their applications electronically, the automated system for processing the applications is still under development. As noted in the 2016 final rule, 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. G. Passenger Vessel Operator Performance and Casualty Certificates (Part 540) The application fees for Certificates of Financial Responsibility for Indemnification of Passengers for Nonperformance of Transportation are increasing as follows: From $2,284 to $3,272 for general applications; and from $1,224 to $1,652 for applications to add or substitute a vessel to the applicant's fleet. For Certificates of Financial Responsibility to Meet Liability Incurred for Death or Injury to Passengers or Other Persons on Voyages, the application fees are increasing as follows: From $1,085 to $1,441 for general applications; and from $593 to $718 for applications to add or substitute a vessel to the applicant's fleet. These increases are primarily due to a change in grade level of the staff reviewing and processing these applications. This rule also corrects errors made to Sec. 540.3(e) by the 2016 user fee rulemaking. The 2016 final rule's amendatory instructions inadvertently duplicated the first sentence of Sec. 540.3 and deleted the last sentence. This rule restores the text (aside from the updated fee amounts) to the pre-2016 version. III. Public Participation How do I prepare and submit comments? Your comments must be written and in English. To ensure that your comments are correctly filed in the docket, please include the docket number of this document in your comments. You may submit your comments via email to the email address listed above under ADDRESSES. Please include the docket number associated with this notice and the subject matter in the subject line of the email. Comments should be attached to the email as a Microsoft Word or text- searchable PDF document. Only non-confidential and public versions of confidential comments should be submitted by email. You may also submit comments by mail to the address listed above under ADDRESSES. How do I submit confidential business information? The Commission will provide confidential treatment for identified confidential information to the extent allowed by law. If your comments contain confidential information, you must submit the following by mail to the address listed above under ADDRESSES: A transmittal letter requesting confidential treatment that identifies the specific information in the comments for which protection is sought and demonstrates that the information is a trade secret or other confidential research, development, or commercial information. A confidential copy of your comments, consisting of the complete filing with a cover page marked ``Confidential--Restricted,'' and the confidential material clearly marked on each page. You should submit the confidential copy to the Commission by mail. A public version of your comments with the confidential information excluded. The public version must state ``Public Version-- confidential materials excluded'' on the cover page and on each affected page, and must clearly indicate any information withheld. You may submit the public version to the Commission by email or mail. Will the Commission consider late comments? The Commission will consider all comments received before the close of business on the comment closing date indicated above under DATES. Because this is a direct final rule that will go into effect as specified in the DATES section in the absence of significant adverse comment received during the comment period, the Commission will not consider any comments filed after the comment closing date. How can I read comments submitted by other people? You may read the comments received by the Commission at the Commission's Electronic Reading Room or the Docket Activity Library at the addresses listed above under ADDRESSES. IV. Rulemaking Analyses and Notices Direct Final Rule Justification The Commission expects the user fee updates to be noncontroversial. Under the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), a final rule may be issued without notice and comment when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. This rule merely updates the user fee amounts for various services provided by the Commission based on a review of the costs to provide these services. This rule makes no substantive changes to the Commission's regulations nor does it [[Page 50293]] affect any filing or other requirement. Accordingly, the Commission has determined that providing an opportunity for comment prior to publication of this direct final rule is unnecessary under 5 U.S.C. 553(b)(B). This rule will therefore become effective on the date listed in the DATES section, unless the Commission receives significant adverse comments within the specified period. The Commission recognizes that parties may have information that could impact the Commission's views and intentions with respect to the revised regulations, and the Commission intends to consider any comments filed. The Commission will withdraw the rule by the date specified in the DATES section if it receives significant adverse comments. We note that the scope of the rulemaking is limited to the amounts charged for Commission services, and any changes to the underlying regulations governing those services or related requirements would be outside this scope. Accordingly, comments on the underlying regulations and related requirements will not be considered adverse. Filed comments that are not adverse may be considered for modifications to the Commission's regulations at a future date. If no significant adverse comments are received, the rule will become effective without additional action by the Commission. Congressional Review Act The rule is not a ``major rule'' as defined by the Congressional Review Act, codified at 5 U.S.C. 801 et seq. The rule will not result in: (1) An annual effect on the economy of $100,000,000 or more; (2) a major increase in costs or prices; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based companies to compete with foreign- based companies. 5 U.S.C. 804(2). Regulatory Flexibility Act The Regulatory Flexibility Act (codified as amended at 5 U.S.C. 601-612) provides that whenever an agency promulgates a final rule after being required to publish a notice of proposed rulemaking under the APA (5 U.S.C. 553), the agency must prepare and make available a final regulatory flexibility analysis (FRFA) describing the impact of the rule on small entities. 5 U.S.C. 604. An agency is not required to publish a FRFA, however, for the following types of rules, which are excluded from the APA's notice-and-comment requirement: Interpretative rules; general statements of policy; rules of agency organization, procedure, or practice; and rules for which the agency for good cause finds that notice and comment is impracticable, unnecessary, or contrary to public interest. See 5 U.S.C. 553(b). As discussed above, the Commission has for good cause determined that notice and comment in this case is unnecessary. Therefore, the APA does not require publication of a notice of proposed rulemaking in this instance, and the Commission is not required to prepare a FRFA. National Environmental Policy Act The Commission's regulations categorically exclude certain rulemakings from any requirement to prepare an environmental assessment or an environmental impact statement because they do not increase or decrease air, water or noise pollution or the use of fossil fuels, recyclables, or energy. 46 CFR 504.4. This rule updates user fees for services that fall within various categorical exclusions, and no environmental assessment or environmental impact statement is required. In particular, rulemakings related to the following fall under categorical exclusions: Processing OTI licenses (Sec. 504.4(a)(1)); certification of financial responsibility of passenger vessels under part 540 (Sec. 504.4(a)(2)); promulgation of procedural rules under part 502 (Sec. 504.4(a)(4); receipt of service contracts (Sec. 504.4(a)(5)); consideration of special permission applications under part 520 (Sec. 504.4(a)(6)); consideration of agreements (Sec. 504.4(a)(9)-(13), (30)-(35); action taken on special docket applications under Sec. 502.271 (Sec. 504.4(a)(19)); and action regarding access to public information under part 503 (Sec. 504.4(a)(24)). Executive Order 12988 (Civil Justice Reform) This rule meets the applicable standards in E.O. 12988 titled, ``Civil Justice Reform,'' to minimize litigation, eliminate ambiguity, and reduce burden. 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 collecting information from the public. 44 U.S.C. 3507. The agency must submit collections of information in rules to OMB in conjunction with the publication of a rule. 5 CFR 1320.11. This 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, Financial responsibility requirements, Freight forwarders, Licensing requirements, Non-vessel-operating common carriers, Ocean transportation intermediaries, 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 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. [[Page 50294]] 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. 0 2. Amend Sec. 502.62 by revising paragraph (a)(6) 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 $272 filing fee. * * * * * 0 3. Amend Sec. 502.93 by revising paragraph (a)(3) to read as follows: Sec. 502.93 Declaratory orders and fee. (a) * * * (3) Petitions must be accompanied by remittance of a $291 filing fee. * * * * * 0 4. Amend Sec. 502.94 by revising paragraph (b) to read as follows: Sec. 502.94 Petitions-general and fee. * * * * * (b) Petitions must be accompanied by remittance of a $291 filing fee. [Rule 94.] 0 5. Amend Sec. 502.271 by revising 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 $113 filing fee. * * * * * 0 6. Amend Sec. 502.304 by revising the last sentence of paragraph (b) to read as follows: Sec. 502.304 Procedure and filing fee. * * * * * (b) * * * Such claims must be accompanied by remittance of a $106 filing fee. * * * * * PART 503--PUBLIC INFORMATION 0 7. 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, 3 CFR, 2010 Comp., p. 298, sections 5.1(a) and (b). 0 8. Amend Sec. 503.50 by: 0 a. Revising paragraphs (c)(1)(i) and (ii), the first sentence of paragraph (c)(2), and paragraphs (c)(3)(ii) and (iii), (c)(4), and (d); and 0 b. Removing paragraph (e). The revisions read as follows: Sec. 503.50 Fees for services. * * * * * (c) * * * (1) * * * (i) Search will be performed by clerical/administrative personnel at a rate of $52 per hour and by professional/executive personnel at a rate of $81 per hour. (ii) Unless an exception provided in paragraph (b)(2) of this section applies, the minimum charge for record search is $31. (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 $105 per hour. * * * (3) * * * (ii) By Commission personnel, at the rate of ten cents per page (one side) plus $52 per hour. (iii) Unless an exception provided in paragraph (b)(2) of this section applies, the minimum charge for copying is $6. * * * * * (4) The certification and validation (with Federal Maritime Commission seal) of documents filed with or issued by the Commission will be available at $124 for each certification. (d) Applications for admission to practice before the Commission for persons not attorneys at law must be accompanied by a fee of $208 pursuant to Sec. 502.27 of this chapter. 0 9. Amend Sec. 503.69 by revising paragraph (b)(2) to read as follows: Sec. 503.69 Fees. * * * * * (b) * * * (2) The certification and validation (with Federal Maritime Commission seal) of documents filed with or issued by the Commission will be available at $124 for each certification. * * * * * PART 515--LICENSING, FINANCIAL RESPONSIBILITY REQUIREMENTS, AND GENERAL DUTIES FOR OCEAN TRANSPORTATION INTERMEDIARIES 0 10. 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. 0 11. Amend Sec. 515.5 by revising paragraphs (c)(2)(i) and (ii) 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 $1,962. (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 $1,548. PART 520--CARRIER AUTOMATED TARIFFS 0 12. 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 13. Amend Sec. 520.14 by revising the last sentence of paragraph (c)(1) 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 $313. * * * * * PART 530--SERVICE CONTRACTS 0 14. 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. 0 15. Amend Sec. 530.10 by revising paragraph (c) introductory text to read as follows: Sec. 530.10 Amendment, correction, cancellation, and electronic transmission errors. * * * * * (c) Corrections. Requests shall be filed, in duplicate, with the Commission's Office of the Secretary within one-hundred eighty (180) days of [[Page 50295]] the contract's filing with the Commission, accompanied by remittance of a $99 service fee, and must include: * * * * * PART 535--OCEAN COMMON CARRIER AND MARINE TERMINAL OPERATOR AGREEMENTS SUBJECT TO THE SHIPPING ACT OF 1984 0 16. 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. 0 17. Amend Sec. 535.401 by revising paragraph (g) and the first sentence of paragraph (h) to read as follows: Sec. 535.401 General requirements. * * * * * (g) The filing fee is $3,529 for new agreements and any agreement modifications requiring Commission review and action; $537 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 $89 for terminal exempt agreements. (h) The fee for a request for expedited review of an agreement pursuant to Sec. 535.605 is $151. * * * PART 540--PASSENGER VESSEL FINANCIAL RESPONSIBILITY 0 18. 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. 0 19. Amend Sec. 540.4 by revising paragraph (e) 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 $3,272. 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 $1,652. Administrative changes, such as the renaming of a vessel will not incur any additional fees. * * * * * 0 20. Amend Sec. 540.23 by revising the last two sentences of paragraph (b) 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 $1,441. 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 $718. * * * * * PART 550--REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES 0 21. 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. 0 22. Revise the last sentence of Sec. 550.402 to read as follows: Sec. 550.402 Filing of petitions. * * * The petition must be accompanied by remittance of a $291 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 23. 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 24. Amend Sec. 555.4 by revising the last sentence of paragraph (a) to read as follows: Sec. 555.4 Petitions. (a) * * * The petition must be accompanied by remittance of a $291 filing fee. * * * * * PART 560--ACTIONS TO ADDRESS CONDITIONS UNDULY IMPAIRING ACCESS OF U.S.-FLAG VESSELS TO OCEAN TRADE BETWEEN FOREIGN PORTS 0 25. 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 26. Amend Sec. 560.3 by revising the last sentence of paragraph (a)(2) to read as follows: Sec. 560.3 Petitions for relief. (a) * * * (2) * * * The petition must be accompanied by remittance of a $291 filing fee. * * * * * By the Commission. Rachel Dickon, Secretary. [FR Doc. 2018-21671 Filed 10-4-18; 8:45 am] BILLING CODE 6731-AA-P
![50290 Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations
Date certain
Federal
Community Effective date authorization/cancellation of Current effective assistance
State and location No. sale of flood insurance in community map date no longer
available in
SFHAs
Region IV
North Carolina:
Chapel Hill, Town of, Durham and Or- 370180 February 9, 1973, Emerg; April 17, 1978, Oct. 19, 2018 ... Oct. 19, 2018.
ange Counties. Reg; October 19, 2018, Susp.
Chatham County, Unincorporated Areas 370299 N/A, Emerg; March 4, 1997, Reg; October ......do* .............. Do.
19, 2018, Susp.
Durham, City of, Durham County .......... 370086 July 13, 1973, Emerg; January 17, 1979, ......do ............... Do.
Reg; October 19, 2018, Susp.
Durham County, Unincorporated Areas 370085 March 16, 1973, Emerg; February 15, 1979, ......do ............... Do.
Reg; October 19, 2018, Susp.
Orange County, Unincorporated Areas 370342 July 15, 1975, Emerg; March 16, 1981, ......do ............... Do.
Reg; October 19, 2018, Susp.
Region V
Ohio:
Butler County, Unincorporated Areas ... 390037 N/A, Emerg; October 5, 1989, Reg; October ......do ............... Do.
19, 2018, Susp.
Fairfield, City of, Butler and Hamilton 390038 October 21, 1974, Emerg; March 15, 1979, ......do ............... Do.
Counties. Reg; October 19, 2018, Susp.
Hamilton, City of, Butler County ............ 390039 April 4, 1974, Emerg; July 15, 1977, Reg; ......do ............... Do.
October 19, 2018, Susp.
Middletown, City of, Butler and Warren 390040 June 13, 1975, Emerg; March 2, 1979, ......do ............... Do.
Counties. Reg; October 19, 2018, Susp.
Millville, Village of, Butler County .......... 390041 March 26, 1979, Emerg; February 4, 1981, ......do ............... Do.
Reg; October 19, 2018, Susp.
Monroe, City of, Butler and Warren 390042 August 18, 1975, Emerg; August 5, 1991, ......do ............... Do.
Counties. Reg; October 19, 2018, Susp.
New Miami, Village of, Butler County. .. 390043 October 24, 1975, Emerg; February 18, ......do ............... Do.
1981, Reg; October 19, 2018, Susp.
Seven Mile, Village of, Butler County ... 390045 July 7, 1975, Emerg; August 24, 1981, Reg; ......do ............... Do.
October 19, 2018, Susp.
Trenton, City of, Butler County .............. 390047 May 12, 1975, Emerg; September 3, 1979, ......do ............... Do.
Reg; October 19, 2018, Susp.
Region X
Oregon:
Beaverton, City of, Washington County 410240 October 30, 1974, Emerg; September 28, ......do ............... Do.
1984, Reg; October 19, 2018, Susp.
Forest Grove, City of, Washington 410241 June 4, 1975, Emerg; March 15, 1982, Oct. 19, 2018 .... Oct. 19, 2018.
County. Reg; October 19, 2018, Susp.
Hillsboro, City of, Washington County .. 410243 January 20, 1975, Emerg; May 17, 1982, ......do ............... Do.
Reg; October 19, 2018, Susp.
King City, City of, Washington County .. 410269 November 14, 1974, Emerg; February 11, ......do ............... Do.
1976, Reg; October 19, 2018, Susp.
North Plains, City of, Washington Coun- 410270 March 25, 1977, Emerg; April 1, 1982, Reg; ......do ............... Do.
ty. October 19, 2018, Susp.
Sherwood, City of, Washington County 410273 February 4, 1981, Emerg; January 6, 1982, ......do ............... Do.
Reg; October 19, 2018, Susp.
Tigard, City of, Washington County ...... 410276 February 5, 1975, Emerg; March 1, 1982, ......do ............... Do.
Reg; October 19, 2018, Susp.
Tualatin, City of, Clackamas and Wash- 410277 July 3, 1974, Emerg; February 17, 1982, ......do ............... Do.
ington Counties. Reg; October 19, 2018, Susp.
Washington County, Unincorporated 410238 April 10, 1973, Emerg; September 30, ......do ............... Do.
Areas. 1982, Reg; Oct. 19, 2018, Susp.
do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Dated: September 27, 2018. FEDERAL MARITIME COMMISSION Direct final rule; request for
ACTION:
Katherine B. Fox, comments.
Assistant Administrator for Mitigation, 46 CFR Parts 502, 503, 515, 520, 530,
Federal Insurance and Mitigation 535, 540, 550, 555, and 560 SUMMARY: The Federal Maritime
Administration—FEMA Resilience, Commission (Commission) is updating
daltland on DSKBBV9HB2PROD with RULES
Department of Homeland Security, Federal [Docket No. 18–08] its current user fees and amending the
Emergency Management Agency. relevant regulations to reflect these
[FR Doc. 2018–21758 Filed 10–4–18; 8:45 am] RIN 3072–AC72 updates.
BILLING CODE 9110–12–P
Update of Existing User Fees DATES: The rule is effective without
further action on December 19, 2018,
AGENCY: Federal Maritime Commission. unless significant adverse comments are
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![50294 Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations
46 CFR Part 560 PART 503—PUBLIC INFORMATION PART 515—LICENSING, FINANCIAL
Administrative practice and RESPONSIBILITY REQUIREMENTS,
procedure, Maritime carriers. ■ 7. The authority citation for part 503 AND GENERAL DUTIES FOR OCEAN
continues to read as follows: TRANSPORTATION INTERMEDIARIES
For the reasons set forth above, the
Federal Maritime Commission amends Authority: 5 U.S.C. 331, 552, 552a, 552b,
■ 10. The authority citation for part 515
553; 31 U.S.C. 9701; E.O. 13526 of January
46 CFR parts 502, 503, 515, 520, 530, 5, 2010 75 FR 707, 3 CFR, 2010 Comp., p. continues to read as follows:
535, 540, 550, 555, and 560 as follows: 298, sections 5.1(a) and (b). Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 46
U.S.C. 305, 40102, 40104, 40501–40503,
PART 502—RULES OF PRACTICE AND ■ 8. Amend § 503.50 by: 40901–40904, 41101–41109, 41301–41302,
PROCEDURE ■ a. Revising paragraphs (c)(1)(i) and 41305–41307; Pub. L. 105–383,112 Stat.
(ii), the first sentence of paragraph 3411; 21 U.S.C. 862.
■ 1. The authority citation for part 502 (c)(2), and paragraphs (c)(3)(ii) and (iii),
continues to read as follows: ■ 11. Amend § 515.5 by revising
(c)(4), and (d); and paragraphs (c)(2)(i) and (ii) to read as
Authority: 5 U.S.C. 504, 551, 552, 553, ■ b. Removing paragraph (e). follows:
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; The revisions read as follows: § 515.5 Forms and fees.
46 U.S.C. 305, 40103–40104, 40304, 40306, * * * * *
§ 503.50 Fees for services.
40501–40503, 40701–40706, 41101–41109,
* * * * * (c) * * *
41301–41309, 44101–44106; 5 CFR part 2635.
(2) * * *
■ 2. Amend § 502.62 by revising (c) * * * (i) Application for new OTI license as
paragraph (a)(6) to read as follows: (1) * * * required by § 515.12(a): Automated
(i) Search will be performed by filing $250; paper filing pursuant to
§ 502.62 Private party complaints for clerical/administrative personnel at a waiver $1,962.
formal adjudication. (ii) Application for change to OTI
rate of $52 per hour and by
(a) * * * professional/executive personnel at a license or license transfer as required by
(6) Filing fee. The complaint must be rate of $81 per hour. § 515.20(a) and (b): Automated filing
accompanied by remittance of a $272 (ii) Unless an exception provided in $125; paper filing pursuant to waiver
filing fee. paragraph (b)(2) of this section applies, $1,548.
* * * * * the minimum charge for record search is
PART 520—CARRIER AUTOMATED
■ 3. Amend § 502.93 by revising $31.
TARIFFS
paragraph (a)(3) to read as follows: (2) Charges for review of records to
determine whether they are exempt ■ 12. The authority citation for part 520
§ 502.93 Declaratory orders and fee.
from disclosure under § 503.33 must be continues to read as follows:
(a) * * * assessed to recover full costs at the rate Authority: 5 U.S.C. 553; 46 U.S.C. 305,
(3) Petitions must be accompanied by of $105 per hour. * * * 40101–40102, 40501–40503, 40701–40706,
remittance of a $291 filing fee. (3) * * * 41101–41109.
* * * * * (ii) By Commission personnel, at the ■ 13. Amend § 520.14 by revising the
■ 4. Amend § 502.94 by revising rate of ten cents per page (one side) plus last sentence of paragraph (c)(1) to read
paragraph (b) to read as follows: $52 per hour. as follows:
(iii) Unless an exception provided in
§ 502.94 Petitions-general and fee. § 520.14 Special permission.
paragraph (b)(2) of this section applies,
* * * * * the minimum charge for copying is $6. * * * * *
(b) Petitions must be accompanied by (c) * * *
* * * * * (1) * * * Every such application must
remittance of a $291 filing fee. [Rule 94.]
(4) The certification and validation be submitted to the Bureau of Trade
■ 5. Amend § 502.271 by revising
(with Federal Maritime Commission Analysis and be accompanied by a filing
paragraph (d)(5) to read as follows: seal) of documents filed with or issued fee of $313.
§ 502.271 Special docket application for by the Commission will be available at * * * * *
permission to refund or waive freight $124 for each certification.
charges. (d) Applications for admission to PART 530—SERVICE CONTRACTS
* * * * * practice before the Commission for
(d) * * * persons not attorneys at law must be ■ 14. The authority citation for part 530
accompanied by a fee of $208 pursuant continues to read as follows:
(5) Applications must be
accompanied by remittance of a $113 to § 502.27 of this chapter. Authority: 5 U.S.C. 553; 46 U.S.C. 305,
filing fee. 40301–40306, 40501–40503, 41307.
■ 9. Amend § 503.69 by revising
* * * * * paragraph (b)(2) to read as follows: ■ 15. Amend § 530.10 by revising
paragraph (c) introductory text to read
■ 6. Amend § 502.304 by revising the § 503.69 Fees. as follows:
last sentence of paragraph (b) to read as
* * * * *
follows: § 530.10 Amendment, correction,
(b) * * *
daltland on DSKBBV9HB2PROD with RULES
cancellation, and electronic transmission
§ 502.304 Procedure and filing fee. (2) The certification and validation errors.
* * * * * (with Federal Maritime Commission * * * * *
(b) * * * Such claims must be seal) of documents filed with or issued (c) Corrections. Requests shall be
accompanied by remittance of a $106 by the Commission will be available at filed, in duplicate, with the
filing fee. $124 for each certification. Commission’s Office of the Secretary
* * * * * * * * * * within one-hundred eighty (180) days of
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![Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations 50295
the contract’s filing with the § 540.23 Procedure for establishing 305, 40104, and 41108(d); sec. 10002 of the
Commission, accompanied by financial responsibility. Foreign Shipping Practices Act of 1988 (46
remittance of a $99 service fee, and * * * * * U.S.C. 42301–42307).
must include: (b) * * * An application for a ■ 26. Amend § 560.3 by revising the last
* * * * * Certificate (Casualty), excluding an sentence of paragraph (a)(2) to read as
application for the addition or follows:
PART 535—OCEAN COMMON substitution of a vessel to the
CARRIER AND MARINE TERMINAL applicant’s fleet, must be accompanied § 560.3 Petitions for relief.
OPERATOR AGREEMENTS SUBJECT by a filing fee remittance of $1,441. An (a) * * *
TO THE SHIPPING ACT OF 1984 application for a Certificate (Casualty) (2) * * * The petition must be
for the addition or substitution of a accompanied by remittance of a $291
■ 16. The authority citation for part 535 vessel to the applicant’s fleet must be filing fee.
continues to read as follows: accompanied by a filing fee remittance * * * * *
Authority: 5 U.S.C. 553; 46 U.S.C. 305, of $718. By the Commission.
40101–40104, 40301–40307, 40501–40503, * * * * * Rachel Dickon,
40901–40904, 41101–41109, 41301–41302,
Secretary.
and 41305–41307. PART 550—REGULATIONS TO
ADJUST OR MEET CONDITIONS [FR Doc. 2018–21671 Filed 10–4–18; 8:45 am]
■ 17. Amend § 535.401 by revising BILLING CODE 6731–AA–P
UNFAVORABLE TO SHIPPING IN THE
paragraph (g) and the first sentence of
FOREIGN TRADE OF THE UNITED
paragraph (h) to read as follows:
STATES
§ 535.401 General requirements. DEPARTMENT OF COMMERCE
■ 21. The authority citation for part 550
* * * * * continues to read as follows: National Oceanic and Atmospheric
(g) The filing fee is $3,529 for new Administration
agreements and any agreement Authority: 5 U.S.C. 553; 46 U.S.C. 301–
307; sec. 19(a)(2), (e), (f), (g), (h), (i), (j), (k)
modifications requiring Commission and (l) of the Merchant Marine Act, 1920, 46 50 CFR Part 622
review and action; $537 for agreements U.S.C. 42101 and 42104–42109; and sec.
processed under delegated authority (for [Docket No. 160426363–7275–02]
10002 of the Foreign Shipping Practices Act
types of agreements that can be of 1988, 46 U.S.C. 42301–42307. RIN 0648–XG523
processed under delegated authority,
■ 22. Revise the last sentence of
see § 501.27(e) of this chapter); $303 for Coastal Migratory Pelagic Resources
§ 550.402 to read as follows:
carrier exempt agreements; and $89 for of the Gulf of Mexico and Atlantic
terminal exempt agreements. § 550.402 Filing of petitions. Region; 2018–2019 Commercial
(h) The fee for a request for expedited * * * The petition must be Accountability Measure and Closure
review of an agreement pursuant to accompanied by remittance of a $291 for King Mackerel in the Gulf of Mexico
§ 535.605 is $151. * * * filing fee. Western Zone
PART 540—PASSENGER VESSEL AGENCY: National Marine Fisheries
PART 555—ACTIONS TO ADDRESS
FINANCIAL RESPONSIBILITY Service (NMFS), National Oceanic and
ADVERSE CONDITIONS AFFECTING
Atmospheric Administration (NOAA),
U.S.-FLAG CARRIERS THAT DO NOT
■ 18. The authority citation for part 540 Commerce.
EXIST FOR FOREIGN CARRIERS IN
continues to read as follows: THE UNITED STATES ACTION: Temporary rule; closure.
Authority: 5 U.S.C. 552, 553; 31 U.S.C. SUMMARY: NMFS implements an
9701; 46 U.S.C. 305, 44101–44106. ■ 23. The authority citation for part 555
continues to read as follows: accountability measure (AM) for
■ 19. Amend § 540.4 by revising commercial king mackerel in the
Authority: 5 U.S.C. 553; sec. 10002 of the western zone of the Gulf of Mexico
paragraph (e) to read as follows: Foreign Shipping Practices Act of 1988 (46
(Gulf) exclusive economic zone (EEZ)
§ 540.4 Procedure for establishing U.S.C. 42301–42307).
through this temporary rule. NMFS has
financial responsibility. ■ 24. Amend § 555.4 by revising the last determined that the commercial quota
* * * * * sentence of paragraph (a) to read as for king mackerel in the western zone of
(e) An application for a Certificate follows: the Gulf EEZ will be reached on October
(Performance), excluding an application § 555.4 Petitions.
5, 2018. Therefore, NMFS closes the
for the addition or substitution of a western zone of the Gulf EEZ to
vessel to the applicant’s fleet, must be (a) * * * The petition must be commercial king mackerel fishing on
accompanied by a filing fee remittance accompanied by remittance of a $291 October 5, 2018. This closure is
of $3,272. An application for a filing fee. necessary to protect the Gulf king
Certificate (Performance) for the * * * * * mackerel resource.
addition or substitution of a vessel to DATES: The closure is effective at noon,
the applicant’s fleet must be PART 560—ACTIONS TO ADDRESS
CONDITIONS UNDULY IMPAIRING local time, on October 5, 2018, until
accompanied by a filing fee remittance 12:01 a.m., local time, on July 1, 2019.
of $1,652. Administrative changes, such ACCESS OF U.S.-FLAG VESSELS TO
FOR FURTHER INFORMATION CONTACT:
daltland on DSKBBV9HB2PROD with RULES
as the renaming of a vessel will not OCEAN TRADE BETWEEN FOREIGN
PORTS Susan Gerhart, NMFS Southeast
incur any additional fees. Regional Office, telephone: 727–824–
* * * * * ■ 25. The authority citation for part 560 5305, email: susan.gerhart@noaa.gov.
■ 20. Amend § 540.23 by revising the continues to read as follows: SUPPLEMENTARY INFORMATION: The
last two sentences of paragraph (b) to Authority: 5 U.S.C. 553; secs. 13(b)(6), 15 fishery for coastal migratory pelagic fish
read as follows: and 17 of the Shipping Act of 1984, 46 U.S.C. includes king mackerel, Spanish
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Document Created: 2018-10-05 01:52:21
Document Modified: 2018-10-05 01:52:21
| 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 | Direct final rule; request for comments. | |
| Dates | The rule is effective without further action on December 19, 2018, unless significant adverse comments are filed prior to November 5, 2018. If significant adverse comments are received, the Commission will publish a timely withdrawal of the rule in the Federal Register no later than November 19, 2018. | |
| Contact | Rachel E. Dickon, Secretary. Phone: (202) 523-5725. Email: [email protected] | |
| FR Citation | 83 FR 50290 | |
| RIN Number | 3072-AC72 | |
| 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 |
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