[Federal Register Volume 61, Number 191 (Tuesday, October 1, 1996)]
[Rules and Regulations]
[Pages 51230-51233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25061]
=======================================================================
-----------------------------------------------------------------------
FEDERAL MARITIME COMMISSION
46 CFR Parts 501, 502, 514 and 583
Reorganization of Enforcement Components
AGENCY: Federal Maritime Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Maritime Commission is amending its rules to
reflect the establishment of the Bureau of Enforcement and the
replacement of its District Offices with Area Representatives.
EFFECTIVE DATE: October 1, 1996.
FOR FURTHER INFORMATION CONTACT:
Vern W. Hill, Director, Bureau of Enforcement, Federal Maritime
Commission, 800 North Capitol Street, NW., Washington, DC 20573, (202)
523-5783.
SUPPLEMENTARY INFORMATION: The Federal Maritime Commission is amending
various provisions of Part 500 to end of Title 46 of the Code of
Federal Regulations to reflect the reorganization of its enforcement
components, which includes the consolidation of the Bureau of Hearing
Counsel and the Bureau of Investigations into a new Bureau of
Enforcement and the replacement of its District Offices with individual
Area Representatives. Notice and public comment 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
Commission's enforcement components.
List of Subjects
46 CFR Part 501
Administrative practice and procedure, Authority delegations,
Organization and functions, Seals and insignia.
46 CFR Part 502
Administrative practice and procedure, Claims, Equal access to
justice, Investigations, Lawyers, Reporting and recordkeeping
requirements.
46 CFR Part 514
Freight, Harbors, Maritime carriers, Reporting and recordkeeping
requirements.
46 CFR Part 583
Freight, Maritime carriers, Reporting and recordkeeping
requirements, Surety bonds.
Title 46 of the Code of Federal Regulations is amended as follows:
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.
2. Section 501.3(l) is revised to read as follows:
[[Page 51231]]
Sec. 501.3 Organizational components of the Federal Maritime
Commission.
* * * * *
(l) Bureau of Enforcement.
* * * * *
Section 501.4(c) is revised to read as follows:
Sec. 501.4 Lines of Responsibility.
* * * * *
(c) Bureau of Enforcement and Area Representatives. The Area
Representatives report to the Director, Bureau of Enforcement.
4. Section 501.5(i) introductory paragraph and (i)(6) introductory
text are revised to read:
Sec. 501.5 Functions of the organizational components of the Federal
Maritime Commission.
* * * * *
(i) Bureau of Enforcement; Area Representatives. Under the
direction and management of the Bureau Director, the Bureau of
Enforcement:
* * * * *
(6) Maintains a presence in locations other than Washington, D.C.
through Area Representatives whose activities include the following:
* * * * *
5. Section 501.28(b) is revised to read:
Sec. 501.28 Delegation to the Director, Bureau of Enforcement.
* * * * *
(b) Authority to approve administrative leave for Area
Representatives.
6. In section 501.41 paragraph (a) is amended by removing the words
``District Offices'' and adding in their place the words ``Area
Representatives,'' and paragraph (d) is revised to read as follows:
Sec. 501.41 Public requests for information and decisions.
* * * * *
(d) The Area Representatives will provide information and decisions
to the public within their geographic areas, or will expedite the
obtaining of information and decisions from headquarters. The addresses
of these Area Representatives are as follows. Further information on
Area Representatives, including Internet E-mail addresses, can be
obtained on the Commission's home page on the World Wide Web at
``www.fmc.gov.''
Los Angeles
Los Angeles Area Representative, U.S. Customs House Building, P.O. Box
3164, 300 S. Ferry Street, Room 1018, Terminal Island Station, San
Pedro, CA 90731
Miami
Miami Area Representative, Customs Management Center, 909 SE, 1st Ave.,
Room 736, Miami, FL 33131
New Orleans
New Orleans Area Representative, U.S. Customs House, 423 Canal Street,
Room 303, New Orleans, LA 70130
Seattle
Seattle Area Representative, U.S. Customs, 3236 16th Ave., SW, Seattle,
WA 98134
North Atlantic
North Atlantic Area Representative, Federal Maritime Commission, 800
North Capitol Street, NW., Suite 928, Washington, DC 20573
* * * * *
7. Appendix A to Part 501, Federal Maritime Commission Organization
Chart, is revised to read as follows:
BILLING CODE 6730-01-M
[[Page 51232]]
[GRAPHIC] [TIFF OMITTED] TR01OC96.000
BILLING CODE 6730-01-C
[[Page 51233]]
PART 502--RULES OF PRACTICE AND PROCEDURES
8. The authority citation for Part 502 is revised to read as
follows:
Authority: 5 U.S.C. 504, 551, 552, 553, 556(c), 559, 561-569,
571-596; 12 U.S.C. 1141j(a); 18 U.S.C. 207; 26 U.S.C. 501(c)(3); 28
U.S.C. 2112(a); 31 U.S.C. 9701; 46 U.S.C. app. 817, 820, 821, 826,
841a, 1114(b), 1705, 1707-1711, 1713-1716; E.O. 11222 of May 8, 1965
(30 FR 6469); 21 U.S.C. 853a; and Pub. L. 88-777 (46 U.S.C. app.
817d, 817e).
9. Section 502.42 is revised to read as follows:
Sec. 502.42 Bureau of Enforcement.
The Director, Bureau of Enforcement, shall be a party to all
proceedings governed by the rules in this part, except that in
complaint proceedings under Sec. 502.62, the Director may become a
party only upon leave to intervene granted pursuant to Sec. 502.72, and
in rulemaking proceedings, the Director may become a party by
designation, if the Commission determines that the circumstances of the
proceeding warrant such participation. The Director or the Director's
representative shall be served with copies of all papers, pleadings,
and documents in every proceeding in which the Bureau of Enforcement is
a party. The Bureau of Enforcement shall actively participate in any
proceeding to which the Director is a party, to the extent required in
the public interest, subject to the separation of functions required by
section 5(c) of the Administrative Procedure Act. (See Sec. 502.224.)
[Rule 42.]
Sec. 502.68 [Amended]
In Sec. 502.68, Declaratory orders and fee, paragraph (f)(1) is
amended by removing the words ``Hearing Counsel'' and adding in their
place the word ``Enforcement''.
Sec. 502.221 [Amended]
11. In Sec. 502.221, Briefs; requests for findings, paragraph (c)
is amended by removing the words ``Hearing Counsel'' and adding in
their place the words ``the Bureau of Enforcement''.
Sec. 502.604 [Amended]
12. In Sec. 502.604, Compromise of penalties; Relation to
assessment proceedings, paragraph (g) is amended by removing the words
``Hearing Counsel'' and adding in their place the word ``Enforcement''.
Appendix A to Subpart W--[Amended]
13. In Appendix A to Subpart W--Example of Compromise Agreement,
paragraph 2 is amended by removing the words ``Hearing Counsel'' and
adding in their place the word ``Enforcement'' and The Approval and
Acceptance clause is amended by removing the words ``Hearing Counsel''
and adding in their place the word ``Enforcement''.
PART 514--TARIFFS AND SERVICE CONTRACTS
14. The authority citation for Part 514 continues to read as
follows:
Authority: 5 U.S.C. 552 and 553; 31 U.S.C. 9701; 46 U.S.C. app.
804, 812, 814-817(a), 820, 833a, 841a, 843, 844, 845, 845a, 845b,
847, 1702-1712, 1714-1716, 1718, 1721 and 1722; and sec. 2(b) of
Pub. L. 101-92, 103 Stat. 601.
15. Section 514.7(m)(3) is revised to read:
Sec. 514.7 Service contracts in foreign commerce.
* * * * *
(m) * * *
(3) Production for audit within 30 days of request. Every common
carrier or conference shall, upon written request of the FMC's
Director, Bureau of Enforcement or any Area Representative, submit
requested service contract records within 30 days from the date of the
request.
PART 583--SURETY FOR NON-VESSEL-OPERATING COMMON CARRIERS
16. The authority citation for Part 583 continues to read as
follows:
Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 46 U.S.C. app. 1702,
1707, 1709, 1710-1712, 1716, and 1721.
Sec. 583.4 [Amended]
17. In Sec. 583.4 Finanical responsibility requirements, the
undesignated paragraph following paragraph (d)(6)(ii), is amended by
removing the words ``other Commission's district offices located in New
York, NY; New Orleans, LA; San Francisco, CA; Hato Rey, PR; Los
Angeles, CA; Miami, FL; and Houston, TX'' and adding in their place the
words ``Area Representative listed at 46 CFR 501.41(d)''.
By the Commission.
Joseph C. Polking,
Secretary.
[FR Doc. 96-25061 Filed 9-30-96; 8:45 am]
BILLING CODE 6730-01-M
