[Federal Register Volume 60, Number 226 (Friday, November 24, 1995)]
[Rules and Regulations]
[Pages 57940-57943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28440]
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FEDERAL MARITIME COMMISSION
46 CFR Part 501
General Consolidation of Bureaus of Investigations and Hearing
Counsel
AGENCY: Federal Maritime Commission.
ACTION: Final rule.
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SUMMARY: The Federal Maritime Commission is consolidating the Bureau of
Investigations (``BOI'') and Bureau of Hearing Counsel (``BHC'') and
related delegated authorities into one bureau: the Bureau of
Enforcement (``BOE'').
EFFECTIVE DATE: November 24, 1995.
FOR FURTHER INFORMATION CONTACT: Vern W. Hill, Director, Bureau of
Enforcement, Federal Maritime Commission, 800 North Capitol St., NW,
Washington, DC 20573, (202) 523-5783.
SUPPLEMENTARY INFORMATION: The Federal Maritime Commission is amending
part 501 of title 46 of the Code of Federal Regulations to reflect the
consolidation of BOI and BHC into one bureau: BOE. Notice and public
procedure are not necessary prior to the issuance of this rule because
it deals solely with matters of agency organization. Neither is a
delayed effective date required. This action does not affect the
substantive duties and functions of the bureaus formerly known as BOI
and BHC.
List of Subjects in 46 CFR Part 501
Administrative practice and procedure; Authority delegations;
Organization and functions; Seals and insignia.
For the reasons set out in the preamble, title 46, Code of Federal
Regulations, part 501 is amended as set forth below.
PART 501--THE FEDERAL MARITIME COMMISSION--GENERAL
1. The authority citation for part 501 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.
Subpart A--Organization and Functions
2. Section 501.3 is amended by removing and reserving paragraph (k)
and revising paragraph (l) to read as follows:
Sec. 501.3 Organizational components of the Federal Maritime
Commission.
* * * * *
[[Page 57941]]
(k) [Reserved]
(l) Bureau of Enforcement; District Offices.
(1) New York District
(2) Miami District
(3) Los Angeles District
* * * * *
3. Section 501.4 is amended by revising the first sentence of
paragraph (b) and revising paragraph (c) to read as follows:
Sec. 501.4 Lines of responsibility.
* * * * *
(b) Office of the Managing Director. The Bureau of Economics and
Agreement Analysis; Bureau of Tariffs, Certification and Licensing;
Bureau of Enforcement; and Bureau of Administration report to the
Office of the Managing Director. * * *
(c) Bureau of Enforcement and District Offices. The District
Offices report to the Director, Bureau of Enforcement.
4. Section 501.5 is amended by revising paragraphs (f)(1)(i), (i)
introductory text, (i)(3), and (i)(4); the heading of paragraph (j) is
removed and reserved, paragraph (j)(1) is redesignated as paragraph
(i)(5) and revised; paragraph (j)(2) is redesignated as paragraph
(i)(6) and the introductory text thereof is revised; the first sentence
of paragraph (l)(2) is revised. The revised text reads as follows:
Sec. 501.5 Functions of the organizational components of the Federal
Maritime Commission.
* * * * *
(f) The Office of the Managing Director.
(1) * * *
(i) As senior staff official, is responsible to the Chairman for
the management and coordination of Commission programs managed by the
operating Bureaus of Enforcement; Administration; Economics and
Agreement 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;
* * * * *
(i) Bureau of Enforcement; District Offices. Under the direction
and management of the Bureau Director, the Bureau of Enforcement:
* * * * *
(3) Acts as staff counsel to the Managing Director and other
bureaus and offices;
(4) Coordinates with other bureaus and offices to provide legal
advice, attorney liaison, and prosecution, as warranted, in connection
with enforcement matters; and
(5) 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.
(6) The activities performed by the Bureau and its District
Offices, the latter under the direction and management of their
respective District Directors, include the following:
* * * * *
(j) [Reserved]
* * * * *
(l) Boards and Committees. * * *
(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 Economics and Agreement Analysis; Tariffs,
Certification and Licensing; Administration; and Enforcement; the
General Counsel; the Secretary; the Inspector General; the Director,
Office of Equal Employment Opportunity; the Chief Administrative Law
Judge; a representative of 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. * * *
* * * * *
Subpart C--Delegation and Redelegation of Authorities
5. Section 501.28 is revised to read as follows:
Sec. 501.28 Delegation to the Director, Bureau of Enforcement.
The authorities listed in this section are delegated to the
Director, Bureau of Enforcement. Notwithstanding the provisions of
Sec. 501.21, the Director may delegate or redelegate, in writing,
specific authority to individuals within the Bureau of Enforcement
other than the Deputy Director.
(a) Authority to compromise civil penalty claims has been delegated
to the Director, Bureau of Enforcement, by Sec. 502.604(g) of this
chapter. This delegation shall include the authority to compromise
issues relating to the retention, suspension or revocation of ocean
freight forwarder licenses. See also Secs. 501.5(i) and 501.21.
(b) Authority to approve administrative leave for employees in
District Offices.
Sec. 501.31 [Removed]
6. Section 501.31 is removed.
Subpart D--Public Requests for Information
7. In Sec. 501.41, paragraph (c) introductory text is republished,
paragraph (c)(6) is revised to read as set forth below, paragraph
(c)(9) is removed and reserved, and paragraph (d) is revised to read as
follows:
Sec. 501.41 Public requests for information and decisions.
* * * * *
(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:
* * * * *
(6) Bureau of Enforcement.
* * * * *
(9) [Reserved].
* * * * *
(d) The Directors of the New York, 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.
Miami District--Director, Miami District, Federal Maritime
Commission, 18441 N.W. 2nd Avenue, suite 302, Miami, Florida 33169.
Los Angeles District--Director, Los Angeles District, Federal
Maritime Commission, 501 West Ocean Boulevard, Long Beach,
California 90802.
* * * * *
8. Appendix A to Part 501 is revised as follows:
BILLING CODE 6730-01-P
[[Page 57942]]
[GRAPHIC][TIFF OMITTED]TR24NO95.042
BILLING CODE 6730-01-C
[[Page 57943]]
By the Commission.
Joseph C. Polking,
Secretary.
[FR Doc. 95-28440 Filed 11-22-95; 8:45 am]
BILLING CODE 6730-01-P
