[Federal Register Volume 64, Number 84 (Monday, May 3, 1999)]
[Rules and Regulations]
[Pages 23545-23551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10896]
=======================================================================
-----------------------------------------------------------------------
FEDERAL MARITIME COMMISSION
46 CFR Parts 500, 501, 503, 504, 506, 507, 508, 540 and 582
[Docket No. 99-09]
Amendments to Regulations Governing Employee Ethical Conduct
Standards, the Federal Maritime Commission--General, Public
Information, Environmental Policy Analysis, Monetary Penalty Inflation
Adjustments, Nondiscrimination on the Basis of Handicap, Passenger
Vessel Financial Responsibility, and Certification of Policies and
Efforts To Combat Rebating
AGENCY: Federal Maritime Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Maritime Commission is amending its regulations
relating to agency organization, public information, procedures for
environmental policy analysis, civil monetary penalty inflation
adjustments, nondiscrimination on the basis of handicap, passenger
vessel operations, and anti-rebating certifications, and is
redesignating its regulation relating to employee ethical conduct
standards, in order to incorporate certain amendments made by the Ocean
Shipping Reform Act of 1998 as well as to clarify and reorganize
existing regulations.
DATES: This rule is effective May 1, 1999.
FOR FURTHER INFORMATION CONTACT: Thomas Panebianco, General Counsel,
Federal Maritime Commission, 800 North Capitol Street, N.W.,
Washington, D.C. 20573-0001, (202) 523-5740.
SUPPLEMENTARY INFORMATION: The Ocean Shipping Reform Act of 1998
(``OSRA''), Public Law 105-258, 112 Stat. 1902, amends the Shipping Act
of 1984 (``1984 Act'') in several areas. The Commission's rules at 46
CFR Parts 500, 501, 503, 504, 506, and 507 address employee ethical
conduct standards, the organization of the Commission, public
information, environmental policy analysis, civil monetary inflation
adjustment, and nondiscrimination on the basis of handicap. The
Commission's rules at 46 CFR Part 540 address passenger vessel
financial responsibility, and the rules at 46 CFR Part 582 address
anti-rebating certifications. The Commission now amends these rules
both to make certain changes required by OSRA and to update,
redesignate, and clarify the rules more generally. Because the changes
made in this proceeding are routine and ministerial in nature, this
rulemaking is published as a final rulemaking as to which no notice and
comment period is necessary.
Redesignation of Former 46 CFR Part 500
The Commission's regulations at 46 CFR part 500 address employee
ethical conduct standards. The rule redesignates former part 500 as
part 508.
Amendments to 46 CFR Part 501
OSRA amended Reorganization Plan No. 7 of 1961, 75 Stat. 840, to
change the Commission's quorum requirements. Accordingly, the
Commission has determined to amend 46 CFR 501.2(d) to track the new
statutory language.
Amendments to 46 CFR Part 503
The Commission's regulations at 46 CFR part 503 address access to
public information. OSRA's elimination of tariff filing with the
Commission has rendered unnecessary those portions of 46 CFR 514
relating to fees for the provision of copies of tariffs. See 46 CFR
514.21. While tariffs will no longer be filed with the Commission, the
[[Page 23546]]
Commission has determined to provide public access to historical tariff
records. Accordingly, we have removed from part 503 the references to
part 514 involving public access to information, but have included
reference to public access to historical ATFI records. We have also
added, at 46 CFR 503.24, two entries to the list of information
available over the internet, to include a list of the location of
common carrier and conference tariffs and marine terminal operator
schedules, as well as a list of ocean transportation intermediaries who
have provided the Commission with evidence of their financial
responsibility.
Also, Subpart F--Information Security Program of Part 503, is
revised to implement changes required by Executive Order 12958 of April
17, 1995, ``Classified National Security Information'' and Executive
Order 12968 of August 2, 1995 ``Access to Classified Information.''
Changes are primarily to remove references to Executive Order 12356 of
April 6, 1982, which was revoked by Executive Order 12958, and to keep
pace with the requirements of the National Archives and Records
Administration, 32 CFR Part 2001, made pursuant to Executive Order
12958.
Finally, in section 503.71(c), we have amended the Commission's
definition of the term ``meeting,'' to reflect changes in the
Commission's quorum rules prescribed by OSRA. Several other changes
have been made to Part 503 that are of a purely ministerial nature.
Amendments to 46 CFR Part 504
This part addresses the Commission's procedures for environmental
policy analysis. We have removed references to the Shipping Act, 1916,
in the Authority citation, in 504.1, and in 504.2, because that Act, to
the extent it involved the Commission's jurisdiction, has been
repealed. We have redefined ``marine terminal operator'' in 504.2
pursuant to changes required by OSRA. We have updated the Commission's
address in 504.3. We have deleted categorical exclusions (a)(5) and
(a)(7) in 504.4 pursuant to OSRA, and amended (a)(6) to reflect the
recently proposed redesignation of part 514 as part 520. Throughout the
part, we removed references to the Office of Environmental Analysis,
which no longer exists, and have indicated that for the purposes of
part 504, the term ``Commission'' includes any office or bureau to
which the Commission may delegate its environmental policy analysis
responsibilities.
Amendments to 46 CFR Part 506
This part addresses civil monetary penalty inflation adjustments.
Pursuant to OSRA, we removed the penalty for failure to pay ATFI fees,
and removed the penalty for failure to file an anti-rebate
certification. We also added the suspension of service contracts as a
penalty under the Merchant Marine Act of 1920 as amended by OSRA.
Amendment to 46 CFR Part 507
This part addresses the Commission's enforcement of
nondiscrimination on the basis of handicap. Section 507.170(b) is
amended to correct a citation error. Section 507.170(c) is updated to
reflect the Commission's current street address.
Amendments to 46 CFR Part 540
This part addresses the financial responsibility of passenger
vessel operators. The Commission has decided to clarify the regulation
by renaming it ``Passenger Vessel Financial Responsibility,'' to
replace its old title, ``Security for the Protection of the Public.''
The Commission has also removed an outdated reference in the authority
section of the rule to the Shipping Act, 1916, which, to the extent it
involved the Commission's jurisdiction, has been repealed.
Removal of 46 CFR Part 582
This part addresses the requirements that govern the submission of
anti-rebating certifications by common carriers and other entities in
the foreign commerce of the United States. Such certifications were
based upon the statutory authority of section 15(b) of the Shipping Act
of 1984. However, OSRA has eliminated section 15(b); accordingly, the
Commission has determined to remove 46 CFR part 582 from its
regulations.
List of Subjects
46 CFR Parts 500 and 508
Conflicts of interest.
46 CFR Part 501
Authority delegations, Organization and functions.
46 CFR Part 503
Classified information, Freedom of information, Privacy, Sunshine
act.
46 CFR Part 504
Environmental impact statements, Reporting and recordkeeping
requirements.
46 CFR Part 506
Fines and penalties.
46 CFR Part 507
Blind, Civil rights, Deaf, Disabled, Discrimination against
handicapped, Equal employment opportunity, Federal buildings and
facilities, Handicapped, Nondiscrimination.
46 CFR Part 540
Insurance, Maritime carriers, Penalties, Reporting and
recordkeeping requirements, Surety bonds.
46 CFR Part 582
Maritime carriers, Penalties, Reporting and recordkeeping
requirements.
For the reasons set out in the preamble, the Commission amends 46
CFR parts 500, 501, 503, 504, 506, 507, 508, 540, and 582 as follows:
PART 500--EMPLOYEE ETHICAL CONDUCT STANDARDS AND FINANCIAL
DISCLOSURE REGULATIONS
1. The authority citation continues to read as follows:
Authority: 5 U.S.C. 553; 5 U.S.C. 7301; 46 U.S.C. app. 1716
2. Redesignate part 500 as part 508.
PART 501--THE FEDERAL MARITIME COMMISSION--GENERAL
1. The authority citation continues to read as follows:
Authority: 5 U.S.C. 551-557, 701-706, 2903 and 6304; 31 U.S.C.
3721; 41 U.S.C. 414 and 418; 44 U.S.C. 501-520 and 3501-3520; 46
U.S.C. app. 801-848, 876, 1111, and 1701-1720; Reorganization Plan
No. 7 of 1961, 26 FR 7315, August 12, 1961; Pub.L. 89-56, 79 Stat.
195; 5 CFR Part 2638.
2. Revise Sec. 501.2(d) to read as follows:
Sec. 501.2 General.
* * * * *
(d) A vacancy or vacancies in the Commission shall not impair the
power of the Commission to execute its functions. The affirmative vote
of a majority of the members of the Commission is required to dispose
of any matter before the Commission. For purposes of holding a formal
meeting for the transaction of the business of the Commission, the
actual presence of two Commissioners shall be sufficient. Proxy votes
of absent members shall be permitted.
PART 503--PUBLIC INFORMATION
1. The authority citation continues to read as follows:
Authority: 5 U.S.C. 552, 552a, 552b, 553; 31 U.S.C. 9701; E.O.
12958 of April 20, 1995 (60 FR 19825), sections 5.2(a) and (b).
[[Page 23547]]
2. Remove Sec. 503.11(b) and (c), redesignate paragraph (a)
introductory text as the section's introductory text, redesignate
paragraphs (a)(1) through (a)(5) as paragraphs (a) through (e), and
revise the introductory text to read as follows:
Sec. 503.11 Materials to be published.
The Commission shall publish the following materials in the Federal
Register for the guidance of the public:
* * * * *
3. Revise Sec. 503.22(b) to read as follows:
Sec. 503.22 Records available at the Office of the Secretary.
* * * * *
(b) Certain fees may be assessed for duplication of records made
available by this section as prescribed in subpart E of this part.
4. In Sec. 503.23, remove paragraph (a)(3) and redesignate
paragraphs (a)(4) and (a)(5) as (a)(3) and (a)(4), and revise
redesignated paragraph (a)(3) and paragraph (b) to read as follows:
Sec. 503.23 Records available upon written request.
(a) * * *
(3) Tariff data filed in the Commission's ATFI system prior to May
1, 1999.
* * * * *
(b) Certain fees may be assessed for duplication of records made
available by this section as prescribed in subpart E of this part.
5. In Sec. 503.24, revise paragraph (b)(5)(iii), revise paragraph
(b)(10), and add paragraphs (b)(11) and (b)(12) to read as follows:
Sec. 503.24 Information available via the internet.
* * * * *
(b) * * *
(5) * * *
(iii) Access to statements of policy and interpretations as
published in part 545 of this chapter; and
* * * * *
(10) Privacy Act information;
(11) Lists of the location of all common carrier and conference
tariffs and publicly available terminal schedules of marine terminal
operators; and
(12) A list of licensed ocean transportation intermediaries which
have furnished the Commission with evidence of financial
responsibility.
* * * * *
6. Revise Sec. 503.51 to read as follows:
Sec. 503.51 Definitions.
(a) Access means the ability or opportunity to gain knowledge of
classified information.
(b) Classification means the act or process by which information is
determined to be classified information.
(c) Classification guide means a documentary form of instruction or
source that prescribes the classification of specific information
issued by an original classification authority that identifies the
elements of information regarding a specific subject that must be
classified and establishes the level and duration of classification for
each such element.
(d) Classified national security information (hereafter
``classified information'') means information that has been determined
pursuant to Executive Order 12958 or any predecessor order in force to
require protection against unauthorized disclosure and is marked to
indicate its classified status when in documentary form.
(e) Commission means the Federal Maritime Commission.
(f) Declassification means the authorized change in the status of
information from classified information to unclassified information.
(g) Derivative classification means the incorporating,
paraphrasing, restating or generating in new form information that is
already classified, and marking the newly developed material consistent
with the classification markings that apply to the source information.
Derivative classification includes the classification of information
based on classification guidance. The duplication or reproduction of
existing classified information is not derivative classification.
(h) Downgrading means a determination by a declassification
authority that information classified and safeguarded at a specified
level shall be classified and safeguarded at a lower level.
(i) Foreign government information means:
(1) Information provided to the United States Government by a
foreign government or governments, an international organization of
governments, or any element thereof, with the expectation that the
information, the source of the information, or both, are to be held in
confidence;
(2) Information produced by the United States pursuant to or as a
result of a joint arrangement with a foreign government or governments,
or an international organization of governments, or any element
thereof, requiring that the information, the arrangement, or both, are
to be held in confidence; or
(3) information received and treated as ``Foreign Government
Information'' under the terms of Executive Order 12958 or any
predecessor order.
(j) Mandatory declassification review means the review for
declassification of classified information in response to a request for
declassification that meets the requirements under section 3.6 of
Executive Order 12958.
(k) Multiple sources means two or more source documents,
classification guides, or a combination of both.
(l) National security means the national defense or foreign
relations of the United States.
(m) Need to know means a determination made by an authorized holder
of classified information that a prospective recipient requires access
to specific classified information in order to perform or assist in a
lawful and authorized governmental function.
(n) Original classification means an initial determination that
information requires, in the interest of national security, protection
against unauthorized disclosure.
(o) Original classification authority means an individual
authorized in writing, either by the President, or by agency heads or
other officials designated by the President, to classify information in
the first instance.
(p) Self-inspection means the internal review and evaluation of
individual Commission activities and the Commission as a whole with
respect to the implementation of the program established under
Executive Order 12958 and its implementing directives.
(q) Senior agency official (``security officer'') means the
official designated by the Chairman under section 5.6 of Executive
Order 12958 to direct and administer the Commission's program under
which classified information is safeguarded.
(r) Source document means an existing document that contains
classified information that is incorporated, paraphrased, restated, or
generated in new form into a new document.
(s) Unauthorized disclosure means a communication or physical
transfer of classified information to an unauthorized recipient.
7. Revise Sec. 503.52 to read as follows:
Sec. 503.52 Senior Agency Official.
The Chairman of the Commission shall designate a senior agency
official to be the Security Officer for the Commission, who shall be
responsible for directing, administering and
[[Page 23548]]
reporting on the Commission's information security program, which
includes oversight (self-inspection) and security information programs
to ensure effective implementation of Executive Orders 12958 and 12968,
and 32 CFR part 2001.
8. Amend Sec. 503.53 to revise paragraphs (a) and (d) to read as
follows:
Sec. 503.53 Oversight Committee.
* * * * *
(a) Establish a Commission security education program to
familiarize all personnel who have or may have access to classified
information with the provisions of Executive Order 12958 and directives
of the Information Security Oversight Office. The program shall include
initial, refresher, and termination briefings;
* * * * *
(d) Recommend appropriate administrative action to correct abuse or
violations of any provision of Executive Order 12958; and
* * * * *
9. Amend Sec. 503.54 to revise paragraphs (a) and (b) to read as
follows:
Sec. 503.54 Original classification.
(a) No Commission Member or employee has the authority to
originally classify information.
(b) If a Commission Member or employee develops information that
appears to require classification, or receives any foreign government
information as defined in section 1.1(d) of Executive Order 12958, the
Member or employee shall immediately notify the Security Officer and
appropriately protect the information.
* * * * *
10. Amend Sec. 503.55 to revise paragraphs (a), (b) and (c) and
delete paragraph (d) to read as follows:
Sec. 503.55 Derivative classification.
(a) In accordance with Part 2 of Executive Order 12958 and
directives of the Information Security Oversight Office, the
incorporation, paraphrasing, restating or generation in new form of
information that is already classified, and the marking of newly
developed material consistent with the classification markings that
apply to the source information, is derivative classification.
(1) Derivative classification includes the classification of
information based on classification guidance.
(2) The duplication or reproduction of existing classified
information is not derivative classification.
(b) Members or employees applying derivative classification
markings shall:
(1) Observe and respect original classification decisions; and
(2) Carry forward to any newly created documents the pertinent
classification markings.
(3) For information derivatively classified based on multiple
sources, the Member or employee shall carry forward:
(i) The date or event for declassification that corresponds to the
longest period of classification among the sources; and
(ii) A listing of these sources on or attached to the official file
or record copy.
(c) Documents classified derivatively shall bear all markings
prescribed by 32 CFR 2001.20 through 2001.23 and shall otherwise
conform to the requirements of 32 CFR 2001.20 through 2001.23.
11. Amend Sec. 503.56 to revise the section heading and the first
sentence of paragraph (a) to read as follows:
Sec. 503.56 General declassification and downgrading policy.
(a) The Commission exercises declassification and downgrading
authority in accordance with section 3.1 of Executive Order 12958, only
over that information originally classified by the Commission under
previous Executive orders. * * *
* * * * *
12. Amend Sec. 503.57 to revise paragraphs (a) introductory text,
(a)(1), (c), (e), and (i), and add paragraph (j), to read as follows:
Sec. 503.57 Mandatory review for declassification.
(a) Information originally classified by the Commission but which
has not been automatically declassified shall be subject to a review
for declassification by the Commission, if:
(1) A declassification request is made; and
* * * * *
(c) If the request requires the provision of services by the
Commission, fair and equitable fees may be charged pursuant to 31
U.S.C. 9701.
* * * * *
(e) If the information was originally classified by the Commission,
the Commission Security Officer shall forward the request to the
Chairman of the Commission for a determination of declassification. If
the information was originated by another agency, the Commission
Security Officer shall refer the review and the pertinent records to
the originating agency. The final determination will be issued within
180 days of the receipt of the request.
* * * * *
(i) In response to a request for information under the Freedom of
Information Act, the Privacy Act of 1974, or the mandatory review
provisions of Executive Order 12958, the Commission shall refuse to
confirm or deny the existence or non-existence of requested information
whenever the fact of its existence or non-existence is itself
classifiable under Executive Order 12958.
(j) When a request has been submitted both under mandatory review
and the Freedom of Information Act (FOIA), the requester must elect one
process or the other. If the requester fails to so elect, the request
will be treated as a FOIA request unless the requested materials are
subject only to mandatory review.
* * * * *
13. Amend Sec. 503.58 to revise paragraph (c) to read as follows:
Sec. 503.58 Appeals of denials of mandatory declassification review
requests.
* * * * *
(c) In accordance with section 5.4 of Executive Order 12598 and 32
CFR 2001.54, within 60 days of such issuance, the requester may appeal
a final determination of the Commission under paragraph (b) of this
section to the Interagency Security Classification Appeals Panel. The
appeal should be addressed to, Executive Secretary, Interagency
Security Classification Appeals Panel, Attn: Classification Challenge
Appeals, c/o Information Security Oversight Office, National Archives
and Records Administration, 7th and Pennsylvania Avenue, N.W., Room 5W,
Washington DC 20408.
14. Revise Sec. 503.59 paragraphs (d), (e) introductory text,
(g)(2), (h), and (q)(1),(2) and (3), to read as follows:
Sec. 503.59 Safeguarding classified information.
* * * * *
(d) Classified information shall be made available to a recipient
only when the authorized holder of the classified information has
determined that:
(1) The prospective recipient has a valid security clearance at
least commensurate with the level of classification of the information;
and
(2) The prospective recipient requires access to the information in
order to perform or assist in a lawful and authorized governmental
function.
(e) The requirement in paragraph (d)(2) of this section, that
access to classified information may be granted only to individuals who
have a need-to-know the information, may be waived for persons who:
* * * * *
(g)* * *
[[Page 23549]]
(2) To protect the classified information in accordance with the
provisions of Executive Order 12958; and
* * * * *
(h) Except as authorized by the originating agency, or otherwise
provided for by directives issued by the President, the Commission
shall not disclose information originally classified by another agency.
* * * * *
(q)* * *
(1) Knowingly, willfully, or negligently disclose to unauthorized
persons information properly classified under Executive Order 12958 or
predecessor orders in force;
(2) Knowingly and willfully classify or continue the classification
of information in violation of Executive Order 12958 or any
implementing directive; or
(3) Knowingly and willfully violate any other provision of
Executive Order 12958 or implementing directive.
* * * * *
15. Revise Sec. 503.71(c) introductory text to read as follows:
Sec. 503.71 Definitions.
* * * * *
(c) Meeting means the deliberations of a majority of the members
serving on the agency which determine or result in the joint conduct of
or disposition of official agency business, but does not include:
* * * * *
16. Revise Sec. 503.86(b) to read as follows:
Sec. 503.86 Public access to records.
* * * * *
(b) Requests for access to the records described in this section
shall be made in accordance with procedures described in subparts C and
D of this part.
* * * * *
PART 504--PROCEDURES FOR ENVIRONMENTAL POLICY ANALYSIS
1. The authority citation for part 504 is revised to read as
follows:
Authority: 5 U.S.C. 552, 553; 46 U.S.C. app. 1712 and 1716; 42
U.S.C. 4332(2)(b), and 42 U.S.C. 6362.
2. Revise Sec. 504.1(c) to read as follows:
Sec. 504.1 Purpose and scope.
* * * * *
(c) Information obtained under this part is used by the Commission
to assess potential environmental impacts of proposed Federal Maritime
Commission actions. Compliance is voluntary but may be made mandatory
by Commission order to produce the information pursuant to section 15
of the Shipping Act of 1984. The penalty for violation of a Commission
order under section 13 of the Shipping Act of 1984 may not exceed
$5,000 for each violation, unless the violation was willfully and
knowingly committed, in which case the amount of the civil penalty may
not exceed $25,000 for each violation, as adjusted by Sec. 506.4 of
this chapter. (Each day of a continuing violation constitutes a
separate offense.)
3. Revise Sec. 504.2 paragraphs (a), (b), (h), and (i) to read as
follows:
Sec. 504.2 Definitions.
(a) Shipping Act of 1984 means the Shipping Act of 1984 (46 U.S.C.
app. 1701--1720).
(b) Common carrier means any common carrier by water as defined in
section 3 of the Shipping Act of 1984, including a conference of such
carriers.
* * * * *
(h) Marine Terminal Operator means a person engaged in the United
States in the business of furnishing wharfage, dock, warehouse or other
terminal facilities in connection with a common carrier, or in
connection with a common carrier and a water carrier subject to
subchapter II of chapter 135 of Title 49, United States Code.
(i) Commission means the Federal Maritime Commission, including any
office or bureau to which the Commission may delegate its environmental
policy analysis responsibilities.
4. Revise Sec. 504.3 to read as follows:
Sec. 504.3 General information.
(a) All comments submitted pursuant to this part shall be addressed
to the Secretary, Federal Maritime Commission, 800 North Capitol
Street, N.W., Washington, D.C. 20573-0001.
(b) A list of recent Commission actions, if any, for which a
finding of no significant impact has been made or for which an
environmental impact statement is being prepared will be maintained by
the Commission in the Office of the Secretary and will be available for
public inspection.
(c) Information or status reports on environmental statements and
other elements of the NEPA process can be obtained from the Secretary,
Federal Maritime Commission, 800 North Capitol Street, N.W.,
Washington, D.C. 20573-0001.
5. In Sec. 504.4, remove and reserve paragraph (a)(7), revise
paragraphs (a)(1), (a)(3), (a)(5), (a)(6), (a)(19), (b), and (c) to
read as follows:
Sec. 504.4 Categorical exclusions.
(a) * * *
(1) Issuance, modification, denial and revocation of ocean
transportation intermediary licenses.
(2) * * *
(3) Receipt of surety bonds submitted by ocean transportation
intermediaries.
(4) * * *
(5) Receipt of service contracts.
(6) Consideration of special permission applications pursuant to
part 520 of this chapter.
(7) [Reserved]
* * * * *
(19) Action taken on special docket applications pursuant to
Sec. 502.271 of this chapter.
* * * * *
(b) If interested persons allege that a categorically-excluded
action will have a significant environmental effect (e.g., increased or
decreased air, water or noise pollution; use of recyclables; use of
fossil fuels or energy), they shall, by written submission to the
Secretary, explain in detail their reasons. The Secretary shall refer
these submissions for determination by the appropriate Commission
official, not later than ten (10) days after receipt, whether to
prepare an environmental assessment. Upon a determination not to
prepare an environmental assessment, such persons may petition the
Commission for review of the decision within ten (10) days of receipt
of notice of such determination.
(c) If the individual or cumulative effect of a particular action
otherwise categorically excluded offers a reasonable potential of
having a significant environmental impact, an environmental assessment
shall be prepared pursuant to Sec. 504.5.
6. Revise Sec. 504.5(b) to read as follows:
Sec. 504.5 Environmental assessments.
* * * * *
(b) A notice of intent to prepare an environmental assessment
briefly describing the nature of the potential or proposed action and
inviting written comments to aid in the preparation of the
environmental assessment and early identification of the significant
environmental issues may be published in the Federal Register. Such
comments must be received by the Commission no later than ten (10) days
from the date of publication of the notice in the Federal Register.
7. Revise Sec. 504.6 to read as follows:
Sec. 504.6 Finding of no significant impact.
(a) If upon completion of an environmental assessment, it is
determined that a potential or proposed action will not have a
significant impact on the quality of the human
[[Page 23550]]
environment of the United States or of the global commons, a finding of
no significant impact shall be prepared and notice of its availability
published in the Federal Register. This document shall include the
environmental assessment or a summary of it, and shall briefly present
the reasons why the potential or proposed action, not otherwise
excluded under Sec. 504.4, will not have a significant effect on the
human environment and why, therefore, an environmental impact statement
(EIS) will not be prepared.
(b) Petitions for review of a finding of no significant impact must
be received by the Commission within ten (10) days from the date of
publication of the notice of its availability in the Federal Register.
The Commission shall review the petitions and either deny them or order
prepared an EIS pursuant to Sec. 504.7. The Commission shall, within
ten (10) days of receipt of the petition, serve copies of its order
upon all parties who filed comments concerning the potential or
proposed action or who filed petitions for review.
8. Revise Sec. 504.7 paragraphs (a)(1), (b)(1) and (c)(1) to read
as follows:
Sec. 504.7 Environmental impact statements.
(a) General. (1) An environmental impact statement (EIS) shall be
prepared when the environmental assessment indicates that a potential
or proposed action may have a significant impact upon the environment
of the United States or the global commons.
* * * * *
(b) Draft environmental impact statements. (1) A draft
environmental impact statement (DEIS) will initially be prepared in
accordance with 40 CFR part 1502.
* * * * *
(c) Final environmental impact statements. (1) After receipt of
comments on the DEIS, a final environmental impact statement (FEIS)
will be prepared pursuant to 40 CFR part 1502, which shall include a
discussion of the possible alternative actions to a potential or
proposed action. The FEIS will be distributed in the same manner as
specified in paragraph (b)(2) of this section.
* * * * *
9. Revise Sec. 504.9 paragraphs (a) introductory text, (c), and (d)
to read as follows:
Sec. 504.9 Information required by the Commission.
(a) Upon request, a person filing a complaint, protest, petition or
agreement requesting Commission action shall submit, no later than ten
(10) days from the date of the request, a statement setting forth, in
detail, the impact of the requested Commission action on the quality of
the human environment, if such requested action will:
* * * * *
(c) If environmental impacts, either adverse or beneficial, are
alleged, they should be sufficiently identified and quantified to
permit meaningful review. Individuals may contact the Secretary of the
Federal Maritime Commission for informal assistance in preparing this
statement. The Commission shall independently evaluate the information
submitted and shall be responsible for assuring its accuracy if used by
it in the preparation of an environmental assessment or EIS.
(d) In all cases, the Secretary may request every common carrier by
water, or marine terminal operator, or any officer, agent or employee
thereof, as well as all parties to proceedings before the Commission,
to submit, within ten (10) days of such request, all material
information necessary to comply with NEPA and this part. Information
not produced in response to an informal request may be obtained by the
Commission pursuant to section 15 of the Shipping Act of 1984.
PART 506--CIVIL MONETARY PENALTY INFLATION ADJUSTMENT
1. The authority citation for Part 506 continues to read as
follows:
Authority: 28 U.S.C. 2461.
2. Revise Sec. 506.4 (d) to read as follows:
Sec. 506.4 Cost of living adjustments of civil monetary penalties.
(d) Inflation adjustment. Maximum Civil Monetary Penalties within
the jurisdiction of the Federal Maritime Commission are adjusted for
inflation as follows:
----------------------------------------------------------------------------------------------------------------
Maximum penalty New adjusted
United States Code citation Civil monetary penalty amount as of 10/ maximum penalty
description 23/96 amount
----------------------------------------------------------------------------------------------------------------
46 U.S.C. app. sec. 817d........................ Failure to establish 5,000 5,500
financial responsibility 200 220
for death or injury.
46 U.S.C. app. sec. 817e........................ Failure to establish 5,000 5,500
financial responsibility 200 220
for nonperformance of
transportation.
46 U.S.C. app. sec. 876......................... Failure to provide 5,000 5,500
required reports, etc.--
Merchant Marine Act of
1920.
46 U.S.C. app. sec. 876......................... Adverse shipping 1,000,000 1,100,000
conditions--Merchant
Marine Act of 1920.
46 U.S.C. app. sec. 876......................... Operating after tariff or 50,000 55,000
service contract
suspension/ Merchant
Marine Act of 1920.
46 U.S.C. app. sec. 1710a....................... Adverse impact on US 1,000,000 1,100,000
carriers by foreign
shipping practices.
46 U.S.C. app. sec. 1712........................ Operating in foreign 50,000 55,000
commerce after tariff
suspension.
46 U.S.C. app. sec. 1712........................ Knowing and willful 25,000 27,500
violation/Shipping Act of
1984 or Commission
regulation or order.
46 U.S.C. app. sec. 1712........................ Violation of Shipping Act 5,000 5,500
of 1984, Commission
regulation or order, not
knowing and willful.
31 U.S.C. sec. 3802(a)(1)....................... Program Fraud Civil 5,000 5,500
Remedies Act/giving false
statement.
31 U.S.C. sec. 3802(a)(2)....................... Program Fraud Civil 5,000 5,500
Remedies Act/giving false
statement.
----------------------------------------------------------------------------------------------------------------
[[Page 23551]]
PART 507--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP
IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE FEDERAL MARITIME
COMMISSION
1. The authority citation for part 507 continues to read as
follows:
Authority: 29 U.S.C. 794.
2. In Sec. 507.170(b), remove ``29 CFR part 1613'' and replace with
``29 CFR part 1614''.
3. Revise Sec. 507.170(c) to read as follows:
Sec. 507.170 Compliance Procedures.
* * * * *
(c) The Director, Bureau of Administration shall be responsible for
coordinating implementation of this section. Complaints may be sent to
the Director, Bureau of Administration, Federal Maritime Commission,
800 North Capitol Street, N.W., Washington, DC 20573.
* * * * *
PART 540--PASSENGER VESSEL FINANCIAL RESPONSIBILITY
1. In part 540, revise the part heading to read as set forth above:
2. Revise the authority citation of part 540 to read as follows:
Authority: 5 U.S.C. 552, 553; 31 U.S.C. 9701; secs. 2 and 3,
Pub. L. 89-777, 80 Stat. 1356-1358, 46 U.S.C. app. 817e, 817d; 46
U.S.C. 1716.
PART 582--[REMOVED]
Under the authority of 5 U.S.C. 553, 6 U.S.C. app. 1701, 1702,
1707, 1709, 1712, and 1714-1716, remove part 582.
By the Commission.
Bryant L. VanBrakle,
Secretary.
[FR Doc. 99-10896 Filed 4-30-99; 8:45 am]
BILLING CODE 6730-01-P
