[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Rules and Regulations]
[Pages 954-965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-52]
[[Page Unknown]]
[Federal Register: January 7, 1994]
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FEDERAL MARITIME COMMISSION
46 CFR Part 501
The Federal Maritime Commission--General
AGENCY: Federal Maritime Commission.
ACTION: Final rule.
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SUMMARY: The Federal Maritime Commission is revising its statement of
organization and functions, delegations and other procedures, and
incorporating it in the CFR. This provides a current statement which
includes all previously published items and preserves it in the CFR for
easier public access.
EFFECTIVE DATE: January 7, 1994.
FOR FURTHER INFORMATION CONTACT: Joseph C. Polking, Secretary Federal
Maritime Commission 800 N. Capitol St., NW. Washington, DC 20573 (202)
523-5725.
SUPPLEMENTARY INFORMATION: The Federal Maritime Commission is revising
the official description of its organization, functions, delegations,
and other procedures, and incorporating it in part 501 of title 46,
Code of Federal Regulations.
Notice and public procedure are not necessary prior to the issuance
of this rule because it deals solely with matters of agency
organization and procedure. Neither is a delayed effective date
required. 5 U.S.C. 553.
List of Subjects in 46 CFR Part 501
Administrative practice and procedure; Authority delegations;
Organization and functions; Seals and insignia.
Therefore, pursuant to 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; and
5 CFR part 2638: Part 501 of title 46 of the CFR is revised to read as
follows:
PART 501--THE FEDERAL MARITIME COMMISSION--GENERAL
Subpart A--Organization and Functions
Sec.
501.1 Purpose.
501.2 General.
501.3 Organizational components of the Federal Maritime Commission.
501.4 Lines of responsibility.
501.5 Functions of the organizational components of the Federal
Maritime Commission.
Subpart B--Official Seal
501.11 Official seal.
Subpart C--Delegation and Redelegation of Authorities
501.21 Delegation of authorities.
501.22 [Reserved]
501.23 Delegation to the General Counsel.
501.24 Delegation to the Secretary.
501.25 Delegation to the Managing Director.
501.26 Delegation to the Director, Bureau of Trade Monitoring and
Analysis.
501.27 Delegation to and redelegation by the Director, Bureau of
Tariffs, Certification and Licensing.
501.28 Delegation to the Director, Bureau of Hearing Counsel.
501.29 [Reserved]
501.30 Delegation to and redelegation by the Director, Bureau of
Administration.
501.31 Delegation to the Director, Bureau of Investigations.
Subpart D--Public Requests for Information
501.41 Public requests for information and decisions.
Appendix A to Part 501--Organization Chart
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.
Subpart A--Organization and Functions
Sec. 501.1 Purpose.
This part describes the organization, functions and Official Seal
of, and the delegation of authority within, the Federal Maritime
Commission (``Commission'').
Sec. 501.2 General.
(a) Statutory functions. The Commission regulates common carriers
by water and other persons involved in the foreign and domestic
offshore commerce of the U.S. under provisions of the Shipping Act,
1916, (46 U.S.C. app. 801-842); the Intercoastal Shipping Act, 1933 (46
U.S.C. app. 843-848); the Shipping Act of 1984 (46 U.S.C. app. 1701-
1720); section 19 of the Merchant Marine Act, 1920 (46 U.S.C. app.
876); the Foreign Shipping Practices Act of 1988 (46 U.S.C. app.
1710a); sections 2 and 3, Public Law 89-777, Financial Responsibility
for Death or Injury to Passengers and for Non-Performance of Voyages
(46 U.S.C. app. 817d and 817e); and other applicable statutes.
(b) Establishment and composition of the Commission. The Commission
was established as an independent agency by Reorganization Plan No. 7
of 1961, effective August 12, 1961, and is composed of five
Commissioners (``Commissioners'' or ``members''), appointed by the
President, by and with the advice and consent of the Senate. Not more
than three Commissioners may be appointed from the same political
party. The President designates one of the Commissioners to be the
Chairman of the Commission (``Chairman'').
(c) Terms and vacancies. The term of each member of the Commission
is 5 years and begins when the term of the predecessor of that member
ends (i.e., on June 30 of each successive year), except that, when the
term of office of a member ends, the member may continue to serve until
a successor is appointed and qualified. A vacancy in the office of any
Commissioner shall be filled in the same manner as the original
appointment, except that any person chosen to fill a vacancy shall be
appointed only for the unexpired term of the Commissioner whom he or
she succeeds. Each Commissioner shall be removable by the President for
inefficiency, neglect of duty, or malfeasance in office.
(d) Quorum. A vacancy in the Commission, so long as there shall be
three Commissioners in office, shall not impair the power of the
Commission to execute its functions. Any three Commissioners in office
constitute a quorum for the transaction of the business of the
Commission, and the affirmative votes of any three Commissioners shall
be sufficient for the disposition of any matter which may come 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, with proxy votes of absent
members permitted in order to obtain the required three affirmative
votes. See Commission Order No. 84.
(e) Meetings; records; rules and regulations. The Commission shall,
through its Secretary, keep a true record of all its meetings and the
yea-and-nay votes taken therein on every action and order approved or
disapproved by the Commission. In addition to or in aid of its
functions, the Commission adopts rules and regulations in regard to its
powers, duties and functions under the shipping statutes it
administers.
Sec. 501.3 Organizational components of the Federal Maritime
Commission.
The major organizational components of the Commission are set forth
in the Organization Chart attached as Appendix A to this part. An
outline table of the components/functions follows:
(a) Office of the Chairman of the Federal Maritime Commission.
(Chief Executive and Administrative Officer, and FOIA and Privacy
Act Appeals Officer.)
(1) Information Security Officer.
(2) Designated Agency Ethics Official.
(b) Offices of the Members of the Federal Maritime Commission. (Include
the Chairman, ADP Committee.)
(c) Office of the Secretary. (FOIA and Privacy Act Officer; Federal
Register Liaison; Alternative Disputes Resolution Coordinator.)
(1) Office of Informal Inquiries, Complaints and Informal Dockets.
(d) Office of the General Counsel. (Ethics Official.)
(e) Office of Administrative Law Judges.
(f) Office of Equal Employment Opportunity.
(g) Office of the Inspector General.
(h) Office of the Managing Director. (Chief Operating Officer; Senior
IRM Official; Senior Procurement Executive and ATFI Contracting
Officer; Audit Followup and Management Controls.)
(i) Bureau of Trade Monitoring and Analysis.
(1) Office of Agreements and Information Management.
(2) Office of Monitoring I.
(3) Office of Monitoring II.
(j) Bureau of Tariffs, Certification and Licensing.
(1) Office of Tariffs.
(2) Tariff Control Center.
(3) Office of Service Contracts and Passenger Vessel Operations.
(4) Office of Freight Forwarders.
(k) Bureau of Hearing Counsel.
(l) Bureau of Investigations; District Offices.
(1) New York District
(2) New Orleans District
(3) Miami District
(4) San Francisco District
(5) Los Angeles District
(6) Puerto Rico District
(7) Houston District
(m) Bureau of Administration. (Competition Advocate; Information
Security; Principal Management Official on Small Agency Council.)
(1) Office of Administrative Services. (Physical Security; FMC
Contracting Officer.)
(2) Office of Budget and Financial Management. (Chief Financial
Officer.)
(3) Office of Personnel.
(4) Office of Information Resources Management. (IRM Manager;
Computer Security; Forms Control; Records Management.)
(n) Boards and Committees.
(1) Executive Resources Board.
(2) Committee on Automated Data Processing.
(3) Performance Review Board.
(4) Incentive Awards Committee.
Sec. 501.4 Lines of responsibility.
(a) Chairman. The Office of the Secretary, the Office of the
General Counsel, the Office of Administrative Law Judges, the Office of
Equal Employment Opportunity, the Office of the Inspector General, the
Office of the Managing Director, and officials performing the functions
of Information Security Officer and Designated Agency Ethics Official,
report to the Chairman of the Commission.
(b) Office of the Managing Director. The Bureau of Trade Monitoring
and Analysis; Bureau of Tariffs, Certification and Licensing; Bureau of
Hearing Counsel; Bureau of Administration; and Bureau of Investigations
report to the Office of the Managing Director. The Offices of Equal
Employment Opportunity and of the Inspector General receive
administrative assistance from the Managing Director. All other units
of the Commission receive administrative guidance from the Managing
Director.
(c) Bureau of Investigations and District Offices. The District
Offices report to the Director, Bureau of Investigations.
Sec. 501.5 Functions of the organizational components of the Federal
Maritime Commission.
As further provided in subpart C of this part, the functions,
including the delegated authority of the Commission's organizational
components and/or officials to exercise their functions and to take all
actions necessary to direct and carry out their assigned duties and
responsibilities under the lines of responsibility set forth in
Sec. 501.4, are briefly set forth as follows:
(a) Chairman. As the chief executive and administrative officer of
the Commission, the Chairman presides at meetings of the Commission,
administers the policies of the Commission to its responsible
officials, and assures the efficient discharge of their
responsibilities. The Chairman provides management direction to the
Offices of Equal Employment Opportunity, Inspector General, Secretary,
General Counsel, Administrative Law Judges, and Managing Director with
respect to all matters concerning overall Commission workflow, resource
allocation (both staff and budgetary), work priorities and similar
managerial matters; and establishes, as necessary, various committees
and boards to address overall operations of the agency. The Chairman
serves as appeals officer under both the Freedom of Information Act and
the Privacy Act. The Chairman appoints the heads of major
administrative units after consultation with other Commissioners. In
addition, the Chairman, as ``head of the agency,'' has certain
responsibilities under Federal laws and directives not specifically
related to shipping. For example, the special offices or officers
within the Commission, listed under paragraphs (a)(1) through (a)(4) of
this section, are appointed or designated by the Chairman, are under
his or her direct supervision and report directly to the Chairman:
(1) Under the direction and management of the Office Director, the
Office of Equal Employment Opportunity (``EEO'') ensures that statutory
and regulatory prohibitions against discrimination in employment and
the requirements for related programs are fully implemented. As such,
the Office administers and implements comprehensive programs on
discrimination complaints processing, affirmative action and special
emphasis. The Director, EEO, advises the Chairman regarding EEO's
plans, procedures, regulations, reports and other matters pertaining to
policy and the agency programs. Additionally, the Director provides
leadership and advice to managers and supervisors in carrying out their
respective responsibilities in equal employment opportunity. The Office
administers and implements these program responsibilities in accordance
with Equal Employment Commission (``EEOC'') Regulations at 29 CFR part
1614 and other relevant EEOC Directives and Bulletins.
(2) Under the direction and management of the Inspector General,
the Office of Inspector General conducts, supervises and coordinates
audits and investigations relating to the programs and operations of
the Commission; reviews existing and proposed legislation and
regulations pertaining to such programs and operations; provides
leadership and coordination and recommends policies for activities
designed to promote economy, efficiency, and effectiveness in the
administration of, and to prevent and detect waste, fraud and abuse in,
such programs and operations; and advises the Chairman and the Congress
fully and currently about problems and deficiencies relating to the
administration of such programs and operations and the necessity for
and progress of corrective action.
(3) The Information Security Officer is a senior agency official
designated under Sec. 503.52 of this chapter to direct and administer
the Commission's information security program, which includes an active
oversight and security education program to ensure effective
implementation of Executive Order 12356.
(4) The Designated Agency Ethics Official and Alternate are
appropriate agency employees formally designated under 5 CFR 2638.202
and Sec. 500.105 of this chapter to coordinate and manage the ethics
program as set forth in 5 CFR 2638.203, which includes the functions of
advising on matters of employee responsibilities and conduct under part
500 of this chapter, and serving as the Commission's designee(s) to the
Office of Personnel Management on such matters. They provide counseling
and guidance to employees on conflicts of interest and other ethical
matters.
(b) Commissioners. The members of the Commission, including the
Chairman, implement various shipping statutes and related directives by
rendering decisions, issuing orders, and adopting and enforcing rules
and regulations governing persons subject to the shipping statutes; and
perform other duties and functions as may be appropriate under
reorganization plans, statutes, executive orders, and regulations.
(c) Secretary. Under the direction and management of the Secretary,
the Office of the Secretary:
(1) Is responsible for the preparation, maintenance and disposition
of the official files and records documenting the business of the
Commission. In this regard, the Office:
(i) Prepares and, as appropriate, publishes agenda of matters for
action by the Commission, prepares and maintains the minutes with
respect to such actions; signs, serves and issues, on behalf of the
Commission, documents implementing such actions, and coordinates
follow-up thereon.
(ii) Receives and processes formal and informal complaints
involving alleged statutory violations, petitions for relief, special
dockets applications (including the issuance of decisions therein),
applications to correct clerical or administrative errors in service
contracts, requests for conciliation service, staff recommendations for
investigation and rulemaking proceedings, and motions and filings
relating thereto.
(iii) Disseminates information regarding the proceedings,
activities, functions, and responsibilities of the Commission to the
maritime industry, news media, general public, and other government
agencies. In this capacity the Office also:
(A) Administers the Commission's Freedom of Information Act,
Privacy Act and Government in the Sunshine Act responsibilities; the
Secretary serves as the Freedom of Information Act and Privacy Act
Officer.
(B) Authenticates records of the Commission.
(C) Receives and responds to subpoenas directed to Commission
personnel and/or records.
(D) Compiles and publishes the bound volumes of Commission
decisions.
(E) Coordinates publication of documents, including rules and
modifications thereto with the Office of the Federal Register; the
Secretary serves as the Federal Register Liaison Officer and Certifying
Officer.
(2) Through the Secretary and, in the absence or preoccupation of
the Secretary, through the Assistant Secretary, administers oaths
pursuant to 5 U.S.C. 2903(b).
(3) Coordinates Alternative Dispute Resolution activities within
the Commission.
(4) Through the Office of Informal Inquiries, Complaints and
Informal Dockets:
(i) Advises the Commission on significant public interest issues in
current and proposed policies, programs, and decisions;
(ii) Receives, coordinates, and responds to informal inquiries,
complaints, suggestions, and expressions of concern from the public and
contacts carriers, conferences, and other persons to effect solutions;
(iii) Publicizes Commission policies, programs, and activities of
interest to the Commission's shipping public; and
(iv) Adjudicates small claims ($10,000 or less) arising from
alleged violations of the shipping statutes.
(d) General Counsel. Under the direction and management of the
General Counsel, the Office of the General Counsel:
(1) Reviews for legal sufficiency all staff memoranda and
recommendations that are presented for Commission action and staff
actions acted upon pursuant to delegated authority under
Secs. 501.26(i) and 501.26(k).
(2) Provides written or oral legal opinions to the Commission, to
the staff, and to the general public in appropriate cases.
(3) Prepares and/or reviews for legal sufficiency, before service,
all final Commission decisions, orders, and regulations.
(4) Monitors, reviews and, as requested by the Committees of the
Congress, the Office of Management and Budget, or the Chairman,
prepares comments on all legislation introduced in the Congress
affecting the Commission's programs or activities, and prepares draft
legislation or amendments to legislation; coordinates such matters with
the appropriate Bureau, Office or official and advises appropriate
Commission officials of legislation which may impact the programs and
activities of the Commission. Also prepares testimony for Congressional
hearings and responses to requests from Congressional offices.
(5) Serves as the legal representative of the Commission in courts
and in administrative proceedings before other Government agencies.
(6) Monitors and reports on international maritime developments,
including laws and practices of foreign governments which affect ocean
shipping; and identifies potential state-controlled carriers within the
meaning of section 3(8) of the Shipping Act of 1984, researches their
status, and makes recommendations to the Commission concerning their
classification.
(7) Represents the Commission in U.S. Government interagency groups
dealing with international maritime issues; serves as a technical
advisor on regulatory matters in bilateral and multilateral maritime
discussions; and coordinates Commission activities through liaison with
other Government agencies and programs and international organizations.
(8) Screens, routes, and maintains custody of U.S. Government and
international organization documents, subject to the classification and
safekeeping controls administered by the Commission's Information
Security Officer.
(9) Reviews for legal sufficiency all adverse personnel actions,
procurement activities, Freedom of Information Act and Privacy Act
matters and other administrative actions.
(10) Manages the Commission's library and related services.
(e) Administrative Law Judges. Under the direction and management
of the Chief Administrative Law Judge, the Office of Administrative Law
Judges holds hearings and renders initial or recommended decisions in
formal rulemaking and adjudicatory proceedings as provided in the
Shipping Act, 1916, Shipping Act of 1984, and other applicable laws and
other matters assigned by the Commission, in accordance with the
Administrative Procedure Act and the Commission's Rules of Practice and
Procedure.
(f) The Office of the Managing Director. (1) The Managing Director:
(i) As senior staff official, is responsible to the Chairman for
the management and coordination of Commission programs managed by the
operating Bureaus of Investigations; Hearing Counsel; Administration;
Trade Monitoring and Analysis; and Tariffs, Certification and
Licensing, as more fully described in paragraphs (g) through (k) of
this section, and thereby implements the regulatory policies of the
Commission and the administrative policies and directives of the
Chairman;
(ii) Provides administrative guidance to all units of the
Commission other than the operating bureaus listed in paragraph (f)(1)
of this section, except the Offices of Equal Employment Opportunity and
the Inspector General, which are provided administrative assistance;
(iii) Is the agency's Senior Procurement Executive under 41 U.S.C.
414(3) and Commission Order No. 112;
(iv) As the Designated Senior Information Resources Management
Official under 44 U.S.C. 501-520 and 3501-3520 and Commission Order No.
117, reviews recommendations of the Commission's Committee on Automated
Data Processing and submits them to the Chairman under Commission
Orders Nos. 98 and 117;
(v) Is the Audit Follow-up and Management (Internal) Controls
Official for the Commission under Commission Orders Nos. 103 and 106;
and
(vi) Is the agency's Chief Operating Officer, as appointed by the
Chairman in response to the President's October 1, 1993, memorandum on
management reform.
(2) The Office of Managing Director ensures the periodic review and
updating of Commission orders.
(3) A Deputy Managing Director, reporting directly to the Managing
Director, supervises the development of, and serves as Contracting
Officer for, the Commission's Automated Tariff Filing and Information
(``ATFI'') System.
(g) Bureau of Trade Monitoring and Analysis. Under the direction
and management of the Bureau Director, the Bureau of Trade Monitoring
and Analysis develops and administers programs in connection with the
anticompetitive and cooperative arrangements and practices of common
carriers by water, freight forwarders and terminal operators in the
foreign and domestic commerce of the U.S., including the filing of
common carrier agreements under section 15 of the Shipping Act, 1916,
ocean common carrier agreements under section 5 of the Shipping Act of
1984, and the filing of agreements by marine terminal operators under
section 15 of the Shipping Act, 1916, and section 5 of the Shipping Act
of 1984. The Bureau provides expert economic testimony and support in
formal proceedings, particularly regarding unfair foreign shipping
practices under section 19 of the Merchant Marine Act, 1920, the
Foreign Shipping Practices Act of 1988, and domestic offshore rate-of-
return cases under the Intercoastal Shipping Act, 1933.
(h) Bureau of Tariffs, Certification and Licensing. Under the
direction and management of the Bureau Director, the Bureau of Tariffs,
Certification and Licensing plans, develops and administers programs in
connection with tariffs filed by common carriers and marine terminal
operators; ocean common carrier service contracts; financial
responsibility of non-vessel operating common carriers; licensing ocean
freight forwarders; certifying the financial responsibility of
passenger vessel owners and operators; and financial reporting by ocean
common carriers in the domestic offshore trades. These programs carry
out provisions of the Shipping Act, 1916; the Intercoastal Shipping
Act, 1933; the Shipping Act of 1984; and Pub. L. 89-777, as implemented
under Parts 510, 514, 515, 540, 550, 552, 580, 581, 582, and 583 of
this chapter. The Bureau maintains tariff data filed in electronic form
on the Commission's Automated Tariff Filing and Information System
(``ATFI''). The Bureau develops long-range plans, new or revised
policies and standards, and rules and regulations with respect to these
programs. It also cooperates with other Commission components with
regard to the enforcement of the Commission's regulatory requirements,
and provides expert testimony and support in formal proceedings. The
Bureau's program activities are carried out by the Office of Tariffs,
the Office of Service Contracts and Passenger Vessel Operations and the
Office of Freight Forwarders.
(i) Bureau of Hearing Counsel. Under the direction and management
of the Bureau Director, the Bureau of Hearing Counsel:
(1) Participates as trial counsel in formal Commission proceedings
when designated by Commission order, or when intervention is granted;
(2) Initiates, processes and negotiates the informal compromise of
civil penalties under Sec. 501.28 of this part and Sec. 502.604 of this
chapter, and represents the Commission in proceedings and circumstances
as designated;
(3) Acts as staff counsel to the Managing Director and other
bureaus and offices; and
(4) Coordinates with the Bureau of Investigations and other bureaus
to provide legal advice, attorney liaison, and prosecution, as
warranted, in connection with field investigations and other
enforcement matters.
(j) Bureau of Investigations; District Offices. (1) The mission of
the Bureau of Investigations is to secure compliance with the shipping
statutes. To fulfill this mission, the Bureau, under the direction and
management of the Bureau Director and through its offices located in
key locations throughout the United States, conducts investigations
leading to enforcement action, advises the Federal Maritime Commission
of evolving competitive practices in international and domestic
offshore commerce, assesses the practical repercussions of Commission
regulations, educates the industry regarding policy and statutory
requirements, assists in the resolution of disputes within the
industry, and provides liaison, cooperation, and other coordination
between the Commission and the maritime industry, shippers, and other
government agencies.
(2) The activities performed by the District Offices, under the
direction and management of their respective Office Directors, include
the following:
(i) Representing the Commission within their respective geographic
areas;
(ii) Providing liaison between the Commission and the shipping
industry and interested public; conveying pertinent information
regarding regulatory activities and problems; and recommending courses
of action and solutions to problems as they relate to the shipping
public, the affected industry, and the Commission;
(iii) Furnishing to interested persons information, advice, and
access to Commission public documents;
(iv) Receiving and resolving informal complaints, in coordination
with the Director, Office of Informal Inquiries, Complaints and
Informal Dockets;
(v) Investigating potential violations of the shipping statutes and
the Commission's regulations;
(vi) Conducting shipping industry surveillance programs to ensure
compliance with the shipping statutes and Commission regulations. Such
programs include common carrier audits, service contract audits and
compliance checks of ocean freight forwarders;
(vii) Upon request of the Bureau of Tariffs, Certification and
Licensing, auditing passenger vessel operators to determine the
adequacy of performance bonds and the availability of funds to pay
liability claims for death or injury, and assisting in the background
surveys of ocean freight forwarder applicants;
(viii) Conducting special surveys and studies, and recommending
policies to strengthen enforcement of the shipping laws;
(ix) Maintaining liaison with Federal and State agencies with
respect to areas of mutual concern; and
(x) Providing assistance to the various bureaus and offices of the
Commission as appropriate and when requested.
(k) Bureau of Administration. Under the direction and management of
the Bureau Director, the Bureau of Administration is responsible for
the administration and coordination of the Offices of: Administrative
Services; Budget and Financial Management; Information Resources
Management; and Personnel. The Bureau provides administrative support
to the program operations of the Commission. The Bureau interprets
governmental policies and programs and administers these in a manner
consistent with Federal guidelines, including those involving
information management, procurement, financial management and
personnel. The Bureau initiates recommendations, collaborating with
other elements of the Commission as warranted, for long-range plans,
new or revised policies and standards, and rules and regulations, with
respect to its program activities. The Office of the Bureau Director is
responsible for directing and administering the Commission's training
and development function. The Bureau Director is the Commission's
Competition Advocate under 41 U.S.C. 418(a) and Commission Order No.
112, as well as the Commission's representative, as Principal
Management Official, to the Small Agency Council. Other Bureau programs
are carried out by its Offices, as follows:
(1) The Office of Administrative Services, under the direction and
management of the Office Director, directs and administers a variety of
management support service functions of the Commission. The Director of
the Office is the Commission's principal Contracting Officer under
Commission Order No. 112. Programs include communications; audio and
voice telecommunications; procurement of and contracting for
administrative goods and services, including the utilization of small
and disadvantaged businesses; management of property, space, printing
and copying; mail and records services; forms and graphic designs;
facilities and equipment maintenance; and transportation.
(2) The Office of Budget and Financial Management, under the
direction and management of the Office Director, administers the
Commission's financial management program, including fiscal accounting
activities, fee and forfeiture collections, and payments, and ensures
that Commission obligations and expenditures of appropriated funds are
proper; develops annual budget justifications for submission to the
Congress and the Office of Management and Budget; develops and
administers internal controls systems that provide accountability for
agency funds; administers the Commission's travel and cash management
programs, as well as the Commission's Imprest Funds; ensures
accountability for official passports; and assists in the development
of proper levels of user fees. The Director of the Office is the
Commission's Chief Financial Officer.
(3) Under the direction and management of the Office Director, the
Office of Information Resources Management's major function is to
administer the information resources management program under the
Paperwork Reduction Act. Other functions include: Management studies
and surveys; data telecommunications/database management and
application development; records management; IRM contract
administration; and development of Paperwork Reduction Act clearances
for submission to the Office of Management and Budget. The Office is
also responsible for the computer security and records and forms
management programs. The Director of the Office serves as IRM Manager,
Forms Control Officer, Computer Security Officer, Records Management
Officer, and ADP Coordinator for the Committee on Automated Data
Processing.
(4) The Office of Personnel, under the direction and management of
the Office Director, plans and administers a complete personnel
management program including: Recruitment and placement; position
classification and pay administration; occupational safety and health;
employee counseling services; employee relations; workforce discipline;
performance appraisal; incentive awards; retirement; and personnel
security. The Director of the Office is the Chairman of the Incentive
Awards Committee.
(l) Boards and Committees. The following boards and committees are
established by separate Commission orders (``C.O.'') to address matters
relating to the overall operations of the Commission:
(1) The Executive Resources Board is comprised of three voting
members, chosen from the ranks of those above the grade 15 level, with
the majority being career members of the Senior Executive Service. The
members serve staggered terms of three years, beginning October 1 of
each year; the member serving in the last year of his/her term serves
as Chairman. The board meets on an ad hoc basis to discuss, develop and
submit recommendations to the Chairman on matters related to the merit
staffing process for career appointments in the Senior Executive
Service, including the executive qualifications of candidates for
career appointment. The board also plans and manages the Commission's
executive development programs. Serving the board in a non-voting
advisory capacity are the Director, Office of Equal Employment
Opportunity, the Training Officer, and the Director, Office of
Personnel, who also serves as the board's secretary. C.O. No. 95.
(2) The Committee on Automated Data Processing is chaired by a
Commissioner designated by the Chairman, and is comprised of the
Directors of the Bureaus of Trade Monitoring and Analysis; Tariffs,
Certification and Licensing; Administration; Hearing Counsel; and
Investigations; the General Counsel; the Secretary; the Inspector
General; the Director, Office of Equal Employment Opportunity; the
Chief Administrative Law Judge; a representative from the Chairman's
office; the Deputy Managing Director in charge of the Commission's
Automated Tariff Filing and Information System; and the Director,
Office of Information Resources Management, who serves as Committee
Coordinator for the Committee Chairperson. The Committee meets on an ad
hoc basis to review, evaluate and recommend to the Chairman, through
the Managing Director, policies and actions on the acquisition,
management and use of ADP equipment and services. C.O. No. 98.
(3) The Performance Review Board is chaired by a Commissioner
designated by the Chairman, and is composed of a standing register of
members which is published in the Federal Register. Once a year, the
PRB Chairman appoints performance review panels from the membership to
review individual performance appraisals and other relevant information
pertaining to Senior Executives at the Commission, and to recommend
final performance ratings to the Chairman. C.O. No. 115.
(4) The Incentive Awards Committee is composed of two permanent
voting members: The Director of Personnel, who serves as Chairman; and
the Director of Equal Employment Opportunity; and two other voting
members approved by the Chairman upon the recommendation of the
Managing Director. The committee meets on an ad hoc basis to determine
if incentive award nominations meet established criteria, and to review
suggestions. C.O. No. 62.
Subpart B--Official Seal
Sec. 501.11 Official seal.
(a) Description. Pursuant to section 201 (c) of the Merchant Marine
Act, 1936, as amended (46 U.S.C. app. 1111(c)), the Commission
prescribes its official seal, as adopted by the Commission on August
14, 1961, which shall be judicially noticed. The design of the official
seal is described as follows:
(1) A shield argent paly of six gules, a chief azure charged with a
fouled anchor or; shield and anchor outlined of the third; on a wreath
argent and gules, an eagle displayed proper; all on a gold disc within
a blue border, encircled by a gold rope outlined in blue, and bearing
in white letters the inscription ``Federal Maritime Commission'' in
upper portion and ``1961'' in lower portion.
(2) The shield and eagle above it are associated with the United
States of America and denote the national scope of maritime affairs.
The outer rope and fouled anchor are symbolic of seamen and waterborne
transportation. The date ``1961'' has historical significance,
indicating the year in which the Commission was created.
(b) Design.
TR07JA94.006
Subpart C--Delegation and Redelegation of Authorities
Sec. 501.21 Delegation of authorities.
(a) Authority and delegation. Section 105 of Reorganization Plan
No. 7 of 1961, August 12, 1961, authorizes the Commission to delegate,
by published order or rule, any of its functions to a division of the
Commission, an individual Commissioner, an administrative law judge, or
an employee or employee board, including functions with respect to
hearing, determining, ordering, certifying, reporting or otherwise
acting as to any work, business or matter. In subpart A of this part,
the Commission has delegated general functions, and in this subpart C,
it is delegating miscellaneous, specific authorities set forth in
Secs. 501.23, et seq., to the delegatees designated therein, subject to
the limitations prescribed in subsequent subsections of this section.
(b) Deputies. Where bureau or office deputies are officially
appointed, they are hereby delegated all necessary authority to act in
the absence or incapacity of the director or chief.
(c) Redelegation. Subject to the limitations in this section, the
delegatees may redelegate their authorities to subordinate personnel
under their supervision and direction; but only if this subpart is
amended to reflect such redelegation and notice thereof is published in
the Federal Register. Under any redelegated authority, the redelegator
assumes full responsibility for actions taken by subordinate
redelegatees.
(d) Exercise of authority; policy and procedure. The delegatees and
redelegatees shall exercise the authorities delegated or redelegated in
a manner consistent with applicable laws and the established policies
of the Commission, and shall consult with the General Counsel where
appropriate.
(e) Exercise of delegated authority by delegator. Under any
authority delegated or redelegated, the delegator (Commission), or the
redelegator, respectively, shall retain full rights to exercise the
authority in the first instance.
(f) Review of delegatee's action. The delegator (Commission) or
redelegator of authority shall retain a discretionary right to review
an action taken under delegated authority by a subordinate delegatee,
either upon the filing of a written petition of a party to, or an
intervenor in, such action; or upon the delegator's or redelegator's
own initiative.
(1) Petitions for review of actions taken under delegated authority
shall be filed within ten (10) calendar days of the action taken:
(i) If the action for which review is sought is taken by a
delegatee, the petition shall be addressed to the Commission pursuant
to Sec. 502.69 of this chapter.
(ii) If the action for which review is sought is taken by a
redelegatee, the petition shall be addressed to the redelegator whose
decision can be further reviewed by the Commission under paragraph
(f)(1)(i) of this section, unless the Commission decides to review the
matter directly, such as, for example, in the incapacity of the
redelegator.
(2) The vote of a majority of the Commission less one member
thereof shall be sufficient to bring any delegated action before the
Commission for review under this paragraph.
(g) Action--when final. Should the right to exercise discretionary
review be declined or should no such review be sought under paragraph
(f) of this section, then the action taken under delegated authority
shall, for all purposes, including appeal or review thereof, be deemed
to be the action of the Commission.
(h) Conflicts. Where the procedures set forth in this section
conflict with law or any regulation of this chapter, the conflict shall
be resolved in favor of the law or other regulation.
Sec. 501.22 [Reserved]
Sec. 501.23 Delegation to the General Counsel.
The authority listed in this section is delegated to the General
Counsel: Authority to classify carriers as state-controlled carriers
within the meaning of section 3(8) of the Shipping Act of 1984, except
where a carrier submits a rebuttal statement pursuant to
Sec. 514.4(c)(2)(ii) or Sec. 580.1(e)(3)(i) of this chapter.
Sec. 501.24 Delegation to the Secretary.
The authorities listed in this section are delegated to the
Secretary (and, in the absence or preoccupation of the Secretary, to
the Assistant Secretary).
(a) Authority to approve applications for permission to practice
before the Commission and to issue admission certificates to approved
applicants.
(b) Authority to extend the time to file exceptions or replies to
exceptions, and the time for Commission review, relative to initial
decisions of administrative law judges and decisions of Special Dockets
Officers.
(c) Authority to extend the time to file appeals or replies to
appeals, and the time for Commission review, relative to dismissals of
proceedings, in whole or in part, issued by administrative law judges.
(d) Authority to establish and extend or reduce the time:
(1) To file documents either in docketed proceedings or relative to
petitions filed under part 502 of this chapter, which are pending
before the Commission itself; and
(2) To issue initial and final decisions under Sec. 502.61 of this
chapter.
(e) Authority to prescribe a time limit less than twenty days from
date published in the Federal Register, for the submission of written
comments with reference to agreements filed pursuant to section 15 of
the Shipping Act, 1916, and to prescribe a time limit for the
submission of written comments with reference to agreements filed
pursuant to section 5 of the Shipping Act of 1984.
(f) Authority, in appropriate cases, to publish in the Federal
Register notices of intent to prepare an environmental assessment and
notices of finding of no significant impact.
(g) Authority to prescribe a time limit less than ten days from
date published in the Federal Register for filing comments on notices
of intent to prepare an environmental assessment and notice of finding
of no significant impact and authority to prepare environmental
assessments of No Significant Impact.
(h) Authority, after consultation with the Director, Bureau of
Trade Monitoring and Analysis, to rule on requests to file amendments
or supplements to documents concerning pending section 15 agreements
which are filed pursuant to Sec. 560.602(e) of this chapter.
(i) Authority, in the absence or preoccupation of the Managing
Director and Deputy Managing Directors, to sign travel orders,
nondocketed recommendations to the Commission, and other routine
documents for the Managing Director, consistent with the programs,
policies, and precedents established by the Commission or the Managing
Director.
Sec. 501.25 Delegation to the Managing Director.
The authorities listed in this section are delegated to the
Managing Director.
(a) Authority to adjudicate, with the concurrence of the General
Counsel, and authorize payment of, employee claims for not more than
$1,000.00, arising under the Military and Civilian Personnel Property
Act of 1964, 31 U.S.C. 3721.
(b) Authority to determine that an exigency of the public business
is of such importance that annual leave may not be used by employees to
avoid forfeiture before annual leave may be restored under 5 U.S.C.
6304.
Sec. 501.26 Delegation to the Director, Bureau of Trade Monitoring and
Analysis.
The authorities listed in this section are delegated to the
Director, Bureau of Trade Monitoring and Analysis.
(a) Authority to approve, pursuant to section 15 of the Shipping
Act, 1916, unprotested passenger agency agreements and modifications
thereto, and container interchange agreements and modifications thereto
between common carriers by water.
(b) Authority to approve modifications to agreements filed under
section 15 of the Shipping Act, 1916, when such modifications are filed
in accordance with regulations and are clearly in compliance with the
criteria and/or intent of such regulations, and require modification of
the filed amendment to the extent necessary to conform to such
regulations.
(c) Authority to approve those classes of unprotested section 15
agreements, and modifications thereto, which, pursuant to section 35 of
the Shipping Act, 1916, are specifically exempted from the approval
requirements of that Act, but which, notwithstanding the exemption,
have been filed for approval.
(d) Authority to approve, pursuant to section 15 of the Shipping
Act, 1916, as amended, unprotested modifications to marine terminal
conference agreements and unprotested marine terminal leases, licenses,
assignments, or other agreements of a similar character for the use of
terminal property or facilities between persons subject to the Shipping
Act, 1916, as amended. In instances where an agreement for the use of
terminal property or facilities of that character defined herein grants
renewal options without providing that the Commission be notified in
the event that such options are exercised, this authority extends to
the issuance of conditional approval, the condition of approval being
that the agreement be modified to provide for notification to the
Commission in the event that such options are exercised and refiled
with the Commission.
(e) Authority to determine that no action should be taken to
prevent an agreement or modification to an agreement from becoming
effective under section 6(c)(1), and to shorten the review period under
section 6(e), of the Shipping Act of 1984, when the agreement or
modification involves solely a restatement, clarification or change in
an agreement which adds no new substantive authority beyond that
already contained in an effective agreement. This category of agreement
or modification includes, for example, the following: a restatement
filed to conform an agreement to the format and organization
requirements of part 572 of this chapter; a clarification to reflect a
change in the name of a country or port or a change in the name of a
party to the agreement; a correction of typographical or grammatical
errors in the text of an agreement; a change in the title of persons or
committees designated in an agreement; or a transfer of functions from
one person or committee to another.
(f) Authority to grant or deny applications filed under
Sec. 572.404 of this chapter for waiver of the form, organization and
content requirements of Secs. 572.401, 572.402, 572.403, 572.501 and
572.502 of this chapter.
(g) Authority to determine that no action should be taken to
prevent an agreement or modification of an agreement from becoming
effective under section 6(c)(1) of the Shipping Act of 1984 for all
unopposed agreements and modifications to agreements which will not
result in a significant reduction in competition. Agreements which are
deemed to have the potential to result in a significant reduction in
competition and which, therefore, are not covered by this delegation
include but are not limited to:
(1) New agreements authorizing the parties to collectively discuss
or fix rates (including terminal rates).
(2) New agreements authorizing the parties to pool cargoes or
revenues.
(3) New agreements authorizing the parties to establish a joint
service or consortium.
(4) New sailing agreements.
(5) New equal access agreements.
(6) Significant modifications to the above categories of agreements
as set forth in Sec. 572.403(a)(3) of this chapter.
(h) Authority to grant or deny shortened review pursuant to
Sec. 572.605 of this chapter for agreements for which authority is
delegated in paragraph (g) of this section.
(i) Subject to review by the General Counsel, authority to deny,
but not approve, requests filed pursuant to Sec. 572.605 of this
chapter for a shortened review period for agreements for which
authority is not delegated under paragraph (g) of this section.
(j) Authority to issue notices of termination of agreements which
are otherwise effective under the Shipping Act, 1916, or the Shipping
Act of 1984, after publication of notice of intent to terminate in the
Federal Register, when such terminations are:
(1) Requested by the parties to the agreement;
(2) Deemed to have occurred when it is determined that the parties
are no longer engaged in activity under the agreement and official
inquiries and correspondence cannot be delivered to the parties; or
(3) Deemed to have occurred by notification of the withdrawal of
the next to last party to an agreement without notification of the
addition of another party prior to the effective date of the next to
last party's withdrawal.
(k) Authority to determine whether agreements for the use or
operation of terminal property or facilities, or the furnishing of
terminal services, are within the purview of section 15 of the Shipping
Act, 1916, or section 5 of the Shipping Act of 1984.
(l) Authority to request controlled carriers to file justifications
for existing or proposed rates, charges classifications, rules or
regulations, and review responses to such requests for the purpose of
recommending to the Commission that a rate, charge, classification,
rule or regulation be found unlawful and, therefore, requires
Commission action under section 9(d) of the Shipping Act of 1984.
(m) Authority to recommend to the Commission the initiation of
formal proceedings or other actions with respect to suspected
violations of the shipping statutes and rules and regulations of the
Commission.
Sec. 501.27 Delegation to and redelegation by the Director, Bureau of
Tariffs, Certification and Licensing.
Except where specifically redelegated in this section, the
authorities listed in this section are delegated to the Director,
Bureau of Tariffs, Certification and Licensing.
(a)(1) Authority to approve for good cause or disapprove special
permission applications submitted by common carriers, or conferences of
such carriers, subject to the provisions of section 8 of the Shipping
Act, 1984, section 18 of the Shipping Act, 1916, or section 2 of the
Intercoastal Shipping Act of 1933, for relief from statutory and/or
Commission tariff requirements.
(2) The authority under this paragraph is redelegated to the Chief,
Office of Tariffs, in the Bureau of Tariffs, Certification and
Licensing.
(b)(1) Authority to approve or disapprove special permission
applications submitted by a controlled carrier subject to the
provisions of section 9 of the Shipping Act of 1984 for relief from
statutory and/or Commission tariff requirements.
(2) The authority under this paragraph is redelegated to the Chief,
Office of Tariffs, in the Bureau of Tariffs, Certification and
Licensing.
(c)(1) Authority contained in Supplemental Report No. 4 and Order
in Docket No. 90-23, Notice of Inquiry on Ocean Freight Tariffs in
Foreign and Domestic Offshore Commerce--Tariffs and Service Contracts,
to grant special permission to deviate from the requirement that
electronically-filed tariffs become effective no later than 90 days
from the last day of the applicable filing window.
(2) The authority under this paragraph is redelegated to the Chief,
Office of Tariffs, in the Bureau of Tariffs, Certification and
Licensing.
(d) Authority contained in Part 514 of this chapter to temporarily
exempt common carriers from the electronic tariff filing requirements
of that part for a period not to exceed 90 days from the filing dates
set forth in Supplemental Report No. 4 and Order, served in Docket No.
90-23 on May 28, 1993.
(e)(1) Authority to reject tariff filings of common carriers in the
foreign and domestic offshore commerce of the U.S. or conferences of
such carriers for failure to meet the requirements of pertinent
statutes or the Commission's regulations, for lack of completeness or
clarity, or for noncompliance with special permission or other orders
of the Commission.
(2) The authority under this paragraph is redelegated to the Chief,
Office of Tariffs; Chief, Tariff Control Center and Senior
Transportation Specialists in the Bureau of Tariffs, Certification and
Licensing.
(f) Authority to issue notices of intent to cancel inactive tariffs
of common carriers in the foreign and domestic offshore commerce and
marine terminal operators, after a diligent effort has been made to
locate the carrier/terminal operator without success, or if the
carrier/terminal operator has advised the Commission that it no longer
offers a carrier/terminal operator service but refuses to cancel its
tariff upon written request; and to cancel such tariff if, within 30
days after publication, the carrier/terminal operator does not furnish
reasons why such tariff should not be canceled.
(g) (1) Authority to:
(i) Approve or disapprove applications for ocean freight forwarder
licenses; issue or reissue or transfer such licenses; and approve
extensions of time in which to furnish the name(s) and ocean freight
forwarding experience of the managing partner(s) or officer(s) who will
replace the qualified partner or officer upon whose qualifications the
original licensing was approved;
(ii) Issue a letter stating that the Commission intends to deny an
application, unless within 20 days, applicant requests a hearing to
show that denial of the application is unwarranted; deny applications
where an applicant has received such a letter and has not requested a
hearing within the notice period; and rescind, or grant extensions of,
the time specified in such letters;
(iii) Revoke the license of an ocean freight forwarder upon the
request of the licensee;
(iv) Upon receipt of notice of cancellation of any bond, notify the
licensee in writing that its license will automatically be suspended or
revoked, effective on the bond cancellation date, unless a new or
reinstated bond is submitted and approved prior to such date, and
subsequently order such suspension or revocation for failure to
maintain a bond;
(v) Approve changes in an existing licensee's organization; and
(vi) Return any application which on its face fails to meet the
requirements of the Commission's regulations, accompanied by an
explanation of the reasons for rejection.
(2) The authorities contained in paragraphs (g)(1)(iii) and
(g)(1)(iv) of this section are redelegated to the Chief, Office of
Freight Forwarders, in the Bureau of Tariffs, Certification and
Licensing.
(h) Authority to:
(1) Approve applications for Certificates (Performance) and
Certificates (Casualty) evidenced by a surety, insurance or guaranty
issued by an approved entity, and issue, reissue, or amend such
Certificates;
(2) Issue a written notice to an applicant stating intent to deny
an application for a Certificate (Performance) and/or (Casualty),
indicating the reason therefor, and advising applicant of the time for
requesting a hearing as provided for under Sec. 540.26(c) of this
chapter; deny any application where the applicant has not submitted a
timely request for a hearing; and rescind such notices and grant
extensions of the time within which a request for hearing may be filed;
(3) Issue a written notice to a certificant stating that the
Commission intends to revoke, suspend, or modify a Certificate
(Performance) and/or (Casualty), indicating the reason therefor, and
advising of the time for requesting a hearing as provided for under
Sec. 540.26(c) of this chapter; revoke, suspend or modify a Certificate
(Performance) and/or (Casualty) where the certificant has not submitted
a timely request for hearing; and rescind such notices and grant
extensions of time within which a request for hearing may be filed;
(4) Revoke a Certificate (Performance) and/or (Casualty) which has
expired, and/or upon request of, or acquiescence by, the certificant;
and
(5) Notify a certificant when a Certificate (Performance) and/or
(Casualty) has become null and void in accordance with Secs. 540.8(a)
and 540.26(a) of this chapter.
(i) Authority contained in Secs. 514.7(j) and 581.8 of this chapter
to notify filing parties of the Commission's intent to reject a service
contract and/or statement of essential terms and subsequently reject
and return such contracts.
(j) Authority contained in Parts 514 and 581 of this chapter to
approve, but not deny, requests for permission to correct clerical or
administrative errors in the essential terms of filed service
contracts.
(k) Authority contained in parts 514, 580 and 583 of this chapter
to cancel the tariffs of NVOCCs who fail to file a surety bond,
guaranty or insurance policy or, if required, designate an agent for
receipt of process, or whose surety bond or agent designation is
canceled.
(l) Authority contained in Parts 514 and 582 of this chapter to
cancel the tariff or tariffs of any common carrier, and suspend the
license of any ocean freight forwarder, who fails to file an anti-
rebate certification.
(m) Authority to approve or disapprove applications as specified in
Part 552 of this chapter for extensions of time for filing
(Sec. 552.2(c)), alternative data (Sec. 552.2(d)) and waiver of
detailed filing requirements (Sec. 552.2(e)).
(n) Authority contained in Sec. 514.8(d)(4)(ii) of this chapter to
approve minor changes and additions to transaction set data for the
ATFI system. Such minor changes include additions to any of the
following term and reference lists: Cities; States and Provinces;
Countries; Ports; Container sizes; Container types; Container
temperatures; Hazard codes; Inland modes, Packaging types, Rate bases;
Service types; Stuffing mode; Stripping mode; and Currencies.
(o) Authority to develop, prescribe, and administer programs to
assure compliance with the provisions of the shipping statutes of all
persons subject thereto, including without limitations those programs
for: The submission of regular and special reports, information, and
data; the conduct of a plan for the field audit of activities and
practices of common carriers by water in the domestic offshore trade
and the foreign commerce of the U.S., conferences of such carriers,
marine terminal operators, ocean freight forwarders, and other persons
subject to the shipping statutes; and the conduct of rate studies.
(p) Authority to review and determine the validity of alleged or
suspected violations, exclusive of formal complaints, of the shipping
statutes and rules and regulations of the Commission by freight
forwarders; authority to determine corrective action necessary with
respect to violations except where violations involve major questions
of policy or major interpretations of statutes, or orders, rules, and
regulations of the Commission, or acts having material effect upon the
commerce of the U.S.; and authority to recommend to the Commission the
initiation of formal proceedings or other actions with respect to such
alleged or suspected violations.
Sec. 501.28 Delegation to the Director, Bureau of Hearing Counsel.
The authority to compromise civil penalty claims has been delegated
to the Director, Bureau of Hearing Counsel, by Sec. 502.604(g) of this
chapter. See also Secs. 501.5(i) and 521.21.
Sec. 501.29 [Reserved]
Sec. 501.30 Delegation to and redelegation by Director, Bureau of
Administration.
Except where specifically redelegated in this section, the
authorities listed in this section are delegated to the Director,
Bureau of Administration, and, in the absence or preoccupation of the
Director, to the Deputy Director of that Bureau.
(a)(1) Authority under part 514 of this chapter, after consultation
with the Bureau of Tariffs, Certification and Licensing, and the Office
of the Managing Director, to issue letters notifying applicants for
certification of ATFI batch filing capability that their applications
have or have not been granted.
(2) The authority under this paragraph is redelegated to the
Director, Office of Information Resources Management.
(b)(1) Authority under Sec. 514.21(m)(2) of this chapter, after
consultation with the Bureau of Tariffs, Certification and Licensing
and the Office of the Managing Director, to evaluate and approve or
disapprove by letter the accounting or charging system the applicant
intends to use for charging users and remitting to the Commission
indirect (subsequent) access user fees under 46 U.S.C. app.
1107a(d)(1)(B)(ii).
(2) The authority under this paragraph is redelegated to the
Director, Office of Information Resources Management.
(c)(1) Authority is delegated to the Director, Bureau of
Administration, to approve, certify, or otherwise authorize those
actions dealing with appropriations of funds made available to the
Commission including allotments, fiscal matters, and contracts relating
to the operation of the Commission within the laws, rules, and
regulations set forth by the Federal Government.
(2) The authority under this paragraph is redelegated to the
Director, Office of Budget and Financial Management.
(d)(1) Authority is delegated to the Director, Bureau of
Administration, to classify all positions GS-1 through GS-15 and wage
grade positions.
(2) The authority under this paragraph is redelegated to the
Director, Office of Personnel.
Sec. 501.31 Delegation to the Director, Bureau of Investigations.
The authority listed in this section is delegated to the Director,
Bureau of Investigations: Authority to approve administrative leave for
employees in District Offices.
Subpart D--Public Requests for Information
Sec. 501.41 Public requests for information and decisions.
(a) General. Pursuant to 5 U.S.C. 552(a)(1)(A), there is hereby
stated and published for the guidance of the public the established
places at which, the officers from whom, and the methods whereby, the
public may secure information, make submittals or requests, or obtain
decisions, principally by contacting by telephone, in writing, or in
person, either the Secretary of the Commission at the Federal Maritime
Commission, 800 North Capitol Street, NW., Washington, DC 20573, or the
District Offices listed in paragraph (d) of this section. See also part
503 of this chapter.
(b) The Secretary will provide information and decisions, and will
accept and respond to requests, relating to the program activities of
the Office of the Secretary and of the Commission, generally. Unless
otherwise provided in this chapter, any document, report, or other
submission required to be filed with the Commission by statute or the
Commission's rules and regulations relating to the functions of the
Commission or of the Office of the Secretary shall be filed with or
submitted to the Secretary.
(c) The Directors of the following bureaus and offices will provide
information and decisions, and will accept and respond to requests,
relating to the specific functions or program activities of their
respective bureaus and offices as set forth in this chapter; but only
if the dissemination of such information or decisions is not prohibited
by statute or the Commission's Rules of Practice and Procedure:
(1) Office of the General Counsel;
(2) Office of the Administrative Law Judges;
(3) Office of the Managing Director;
(4) Office of the Inspector General ;
(5) Office of Equal Employment Opportunity;
(6) Bureau of Hearing Counsel;
(7) Bureau of Trade Monitoring and Analysis;
(8) Bureau of Tariffs, Certification and Licensing;
(9) Bureau of Investigations;
(10) Bureau of Administration;
(11) Office of Personnel;
(12) Office of Budget and Financial Management;
(13) Office of Information Resources Management;
(14) Office of Administrative Services; and
(15) Office of Informal Inquiries, Complaints and Informal Dockets.
(d) The Directors of the New York, New Orleans, San Francisco,
Puerto Rico, Houston, Los Angeles and Miami District Offices will
provide information and decisions to the public within their geographic
areas, or will expedite the obtaining of information and decisions from
headquarters, relating to the program activities of the District
Offices as set forth in this part. The addresses of these offices are
as follows:
New York District--Director, New York District, Federal Maritime
Commission, 6 World Trade Center, suite 614, New York, New York
10048-0949
New Orleans District--Director, New Orleans District, Federal
Maritime Commission, 1 Canal Place Tower, 365 Canal Street, suite
2260 New Orleans, Louisiana 70130-1134
Miami District--Director, Miami District, Federal Maritime
Commission, 18441 NW. 2nd Avenue, suite 302, Miami, Florida 33169
San Francisco District--Director, San Francisco District, Federal
Maritime Commission, 525 Market Street, suite 3510, San Francisco,
California 94105-2743
Los Angeles District--Director, Los Angeles District, Federal
Maritime Commission, 11 Golden Shore, suite 270, Long Beach,
California 90802
Puerto Rico District--Director, Puerto Rico District, Federal
Maritime Commission, U.S. District Courthouse, Federal Office
Building, room 762, 150 Carlos Chardon Avenue, Hato Rey, Puerto Rico
00918-1735
Houston District--Director, Houston District, Federal Maritime
Commission, 14950 Heathrow Forest Parkway, suite 110, Box 14,
Houston, Texas 77032-3842
(e) Any document, report or other submission required to be filed
with the Commission by statute or the Commission's rules and
regulations relating to the specific functions of the bureaus and
offices shall be filed with or submitted to the Director of such Bureau
or Office.
By the Commission.
Joseph C. Polking
Secretary.
BILLING CODE 6730-01-W
TR07JA94.007
[FR Doc. 94-52 Filed 1-6-94; 8:45 am]
BILLING CODE 6730-01-C
