Rule2021-19078
Internal Commission Organization and Delegations of Authority
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 10, 2021
Effective
September 10, 2021
Issuing agencies
Federal Maritime Commission
Abstract
The Federal Maritime Commission (Commission) amends its rules governing the Commission's organization and the delegation and redelegation of authorities. These regulatory changes also reflect the implementation of the Commission's Agency Reform and Long-Term Workforce Plan.
Full Text
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<title>Federal Register, Volume 86 Issue 173 (Friday, September 10, 2021)</title>
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[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]
[Rules and Regulations]
[Pages 50679-50685]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19078]
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FEDERAL MARITIME COMMISSION
46 CFR Part 501
[Docket No. 21-07]
RIN 3027-AC88
Internal Commission Organization and Delegations of Authority
AGENCY: Federal Maritime Commission.
ACTION: Final rule.
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SUMMARY: The Federal Maritime Commission (Commission) amends its rules
governing the Commission's organization and the delegation and
redelegation of authorities. These regulatory changes also reflect the
implementation of the Commission's Agency Reform and Long-Term
Workforce Plan.
DATES: This final rule is effective September 10, 2021.
FOR FURTHER INFORMATION CONTACT: Rachel E. Dickon, Secretary. Phone:
(202) 523-5725. Email: <a href="/cdn-cgi/l/email-protection#7d0e181e0f18091c0f043d1b101e531a120b"><span class="__cf_email__" data-cfemail="4b382e28392e3f2a39320b2d2628652c243d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Final Rule
Part 501 describes the basic statutory requirements of the
Commission, the internal structure of the Commission, the functions of
the Commission's organizational component offices, and outlines the
delegation of the Commission's duties and authorities to these offices.
The final rule reflects changes made as part of the Commission's Agency
Reform and Long-Term Workforce Plan, developed under the guidance of
Office of Management and Budget Memorandum 17-22, Comprehensive Plan
for Reforming the Federal Government and Reducing the Federal Civilian
Workforce,\1\ as well as subsequent organizational changes. The
Commission is amending its rules at 46 CFR part 501 to reflect the
realignment of various offices and the elimination of certain
positions, clarify the authority of office heads to delegate duties in
their absence, and eliminate or modify certain out-of-date provisions.
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\1\ <a href="https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2017/M-17-22.pdf">https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2017/M-17-22.pdf</a>.
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In addition to making necessary updates to part 501, the final rule
streamlines the information provided in part 501, removing certain
information that the Commission will instead publish on its website or
that is currently provided in other parts of the Code of Federal
Regulations. The chart below describes the existing sections in part
501 and the nature of the changes made in the final rule.
------------------------------------------------------------------------
Summary of existing Changes made in this
Section section final rule
------------------------------------------------------------------------
501.1.................. Purpose of part 501.... Retain in part 501 and
revise to reflect the
changes below.
501.2.................. Lists the Commission's Retain in part 501 and
statutory functions update.
and describes the
terms, appointment,
and regulations that
apply to the
Commissioners.
[[Page 50680]]
501.3.................. Discusses outline of Retain in part 501 and
the FMC's revise to include
organizational brief description of
components and each organizational
references the component and
organizational chart reference the FMC
in appendix A. website.
501.4.................. Provides the lines of Remove from part 501
responsibility and the and provide this
offices/components information via the
that report to the organizational chart
Chairman, the on the Commission
Commission, and the website.
Office of the Managing
Director.
501.5.................. Provides detailed Remove from part 501
descriptions of the and streamline the
functions of each descriptions of the
organizational functions of the
component and includes organizational
cross references to components in Sec.
part 501, subpart C 501.3.
(delegations of
authority).
501.11................. Description of the Remove from part 501
official seal. and publish on the
Commission's website.
501.21................. Identifies the Retain in part 501 and
authority upon which update.
the FMC may delegate
its authority within
the FMC. Provides
general delegations of
authority and rules
relating to such
delegations.
501.23-.27............. Contains specific Retain delegations in
delegations of part 501 and revise.
authority to the
General Counsel, the
Secretary, Managing
Director, Director of
the Bureau of
Certification and
Licensing, and the
Director of the Bureau
of Trade Analysis.
501.41................. Provides procedures Remove from part 501
related to how the because part 503
public may secure and provides information
request information. on how to file an
information request.
Appendix A............. Organizational Chart... Remove from part 501
and continue to
publish on the
Commission's website.
------------------------------------------------------------------------
Because the changes made in this proceeding reflect changes made to
the internal procedure and organization of the Commission, and are
routine and administrative, this rule is published as final. See 5
U.S.C. 553(b)(A) (excluding rules of agency organization, procedure,
and practice from the notice and comment requirements of the
Administrative Procedure Act).
II. Rulemaking Analyses and Notices
Congressional Review Act
The final rule is not a ``rule'' as defined by the Congressional
Review Act (CRA), codified at 5 U.S.C. 801 et seq., and is not subject
to the provisions of the CRA. The CRA adopts the Administrative
Procedure Act's definition of a ``rule'' in 5 U.S.C. 551, subject to
certain exclusions. See 5 U.S.C. 804(3). In particular, the CRA does
not apply to rules relating to agency management and personnel and
rules of agency organization, procedure, and practice that do not
substantially affect the rights or obligations of non-agency parties.
Id. This final rule relates to agency management and personnel as well
as agency organization, procedures, and practices. Specifically, the
final rule reflects changes to the internal management structure of the
Commission, the elimination and addition of certain positions, and
updates to out-of-date provisions regarding the Commission's internal
organization. Neither the regulated community nor the public are
substantially affected by these internal organizational changes.
Therefore, the final rule is not a ``rule'' under the CRA and is not
subject to the CRA's requirements.
Regulatory Flexibility Act
The Regulatory Flexibility Act (codified as amended at 5 U.S.C.
601-612) provides that whenever an agency promulgates a final rule
after being required to publish a notice of proposed rulemaking under
the Administrative Procedure Act (APA) (5 U.S.C. 553), the agency must
prepare and make available for public comment a final regulatory
flexibility analysis (FRFA) describing the impact of the rule on small
entities. 5 U.S.C. 604. An agency is not required to publish a FRFA,
however, for the following types of rules, which are excluded from the
APA's notice-and-comment requirement: Interpretive rules; general
statements of policy; rules of agency organization, procedure, or
practice; and rules for which the agency for good cause finds that
notice and comment is impracticable, unnecessary, or contrary to public
interest. See 5 U.S.C. 553(b). As explained above, this final rule is a
rule of agency organization, procedure, or practice. Therefore, the APA
does not require publication of a notice of proposed rulemaking in this
instance, and the Commission is not required to prepare a FRFA.
National Environmental Policy Act
The Commission's regulations categorically exclude certain
rulemakings from any requirement to prepare an environmental assessment
or an environmental impact statement because they do not increase or
decrease air, water, or noise pollution or the use of fossil fuels,
recyclables, or energy. 46 CFR 504.4. This final rule makes changes to
the Commission's internal organization and management structure, and
thus falls within the categorical exclusion for matters related to
Commission personnel. See 46 CFR 504.4(a)(28). Therefore, no
environmental assessment or environmental impact statement is required.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521) requires
an agency to seek and receive approval from the Office of Management
and Budget (OMB) before collecting information from the public. 44
U.S.C. 3507. The agency must submit collections of information in rules
to OMB in conjunction with the publication of the notice of proposed
rulemaking. 5 CFR 1320.11. This final rule does not contain any
collections of information, as defined by 44 U.S.C. 3502(3) and 5 CFR
1320.3(c).
Effective Date
The Administrative Procedure Act generally requires that a rule may
not go into effect earlier than 30 days after publication in the
Federal Register, unless an agency finds good cause for prescribing an
earlier effective date. See 5 U.S.C. 553(c)(3). As described above, the
final rule reflects internal organizational changes that have already
been made as part of the of the Commission's Agency Reform and Long-
Term Workforce Plan, and these changes do not materially affect
regulated entities or the public. Accordingly, a delayed effective date
is unnecessary, and the Commission finds that good cause exists for
this rule to go into effect immediately upon publication in the Federal
Register.
[[Page 50681]]
Executive Order 12988 (Civil Justice Reform)
This rule meets the applicable standards in E.O. 12988 titled,
``Civil Justice Reform,'' to minimize litigation, eliminate ambiguity,
and reduce burden. Section 3(b) of E.O. 12988 requires agencies to make
every reasonable effort to ensure that each new regulation: (1) Clearly
specifies the preemptive effect; (2) clearly specifies the effect on
existing Federal law or regulation; (3) provides a clear legal standard
for affected conduct, while promoting simplification and burden
reduction; (4) clearly specifies the retroactive effect, if any; (5)
adequately defines key terms; and (6) addresses other important issues
affecting clarity and general draftsmanship under any guidelines issued
by the Attorney General. This document is consistent with that
requirement.
Regulation Identifier Number
The Commission assigns a regulation identifier number (RIN) to each
regulatory action listed in the Unified Agenda of Federal Regulatory
and Deregulatory Actions (Unified Agenda). The Regulatory Information
Service Center publishes the Unified Agenda in April and October of
each year. You may use the RIN contained in the heading of this
document to find this action in the Unified Agenda, available at <a href="http://www.reginfo.gov/public/do/eAgendaMain">http://www.reginfo.gov/public/do/eAgendaMain</a>.
List of Subjects in 46 CFR Part 501
Authority delegations, Commission organization and functions.
0
For the reasons stated in the preamble, the Commission revises 46 CFR
part 501 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 The Commission's organizational components and their
functions.
Subpart B--Delegation and Redelegation of Authorities
501.11 Delegation of authorities.
501.12 Delegation to the General Counsel.
501.13 Delegation to the Secretary.
501.14 Delegation to and redelegation by the Managing Director.
501.15 Delegation to the Chief Financial Officer.
501.16 Delegation to and redelegation by the Director, Bureau of
Certification and Licensing.
501.17 Delegation to and redelegation by the Director, Bureau of
Trade Analysis.
Authority: 5 U.S.C. 551-557, 571-584, 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. 40101-41309, 42101-42109, 44101-44106, and 46101-
46108; 5 CFR part 2638.
Subpart A--Organization and Functions
Sec. 501.1 Purpose.
This part describes the organization, functions, 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 oceanborne foreign commerce
of the United States under provisions of title 46, subtitle IV of the
United States Code 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 serve as
the Chairman of the Commission (``Chairman'').
(c) Terms and vacancies--(1) Length of terms. The term of each
member of the Commission is five years and begins when the term of the
predecessor of that member ends (i.e., on June 30 of each successive
year).
(2) Removal. The President may remove a Commissioner for
inefficiency, neglect of duty, or malfeasance in office.
(3) Vacancies. A vacancy in the office of any Commissioner is
filled in the same manner as the original appointment. An individual
appointed to fill a vacancy is appointed only for the unexpired term of
the individual being succeeded.
(4) Term limits--(i) Commissioners initially appointed and
confirmed before December 18, 2014. When a Commissioner's term ends,
the Commissioner may continue to serve until a successor is appointed
and qualified.
(ii) Commissioners initially appointed and confirmed on or after
December 18, 2014. (A) When a Commissioner's term ends, the
Commissioner may continue to serve until a successor is appointed and
qualified, limited to a period not to exceed one year.
(B) No individual may serve more than two terms, except that an
individual appointed to fill a vacancy may serve two terms in addition
to the remainder of the term for which the predecessor of that
individual was appointed.
(d) Quorum. 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.
(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 The Commission's organizational components and their
functions.
(a) Office of the Chairman of the Federal Maritime Commission--(1)
General. The Chairman is the chief executive and administrative officer
of the Commission. In addition, the Chairman, as ``head of the
agency,'' has certain responsibilities under Federal laws and
directives not specifically related to shipping.
(2) Management and supervision. The Chairman provides management
direction to the Office of Equal Employment Opportunity, Office of the
Secretary, Office of the General Counsel, Office of the Administrative
Law Judges, and Office of the Managing Director. Subject to the
approval of the Commission, the Chairman appoints the heads of the
major organizational units, which include the Office of the Secretary,
Office of the General Counsel, Office of the Administrative Law Judges,
Office of the Managing Director, Bureau of Trade Analysis, Bureau of
Certification and Licensing, Bureau of Enforcement, and Office of
Consumer Affairs and Dispute Resolution Services. The Chairman appoints
or designates and oversees the Director, Office of Equal Employment
Opportunity, who advises and assists the Chairman, the Commissioners,
and other principal officers of the Commission in carrying out their
responsibilities relative to Titles VI and VII of the Civil Rights Act
[[Page 50682]]
of 1964 (as amended), other laws, Executive orders, and regulatory
guidelines affecting affirmative employment and the processing of equal
employment opportunity (EEO) complaints.
(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.
(1) The Office of Inspector General (OIG) reports to and is under
the general supervision of the Commissioners. The OIG is an independent
and objective oversight office created within the Commission that
conducts audits and investigations relating to the programs and
operations of the Commission and recommends policies 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.
(2) [Reserved]
(c) Office of the Secretary. The Office of the Secretary is
responsible for the preparation, maintenance and disposition of the
Commission's official files and records; overseeing the Commission's
website; and managing the Commission's library and related services.
The Office of the Secretary also administers the Commission's Freedom
of Information Act, Privacy Act, and Government in the Sunshine Act
responsibilities, with the Secretary serving as the Freedom of
Information Act and Privacy Act Officer.
(d) Office of the General Counsel--(1) General. The Office of the
General Counsel provides legal services to the Commission and to the
Commission staff, and manages the Commission's international affairs
functions.
(2) Designated Agency Ethics Official. The Designated Agency Ethics
Official and Alternate are agency employees in the Office of the
General Counsel formally designated to coordinate and manage the ethics
program and serve as the Commission's designee(s) to the Office of
Government Ethics on such matters.
(e) Office of Administrative Law Judges. The Office of
Administrative Law Judges holds hearings and renders initial decisions
in adjudicatory proceedings as provided in 46 U.S.C. chapters 401-413
and 441 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 in part 502 of this
chapter.
(f) Office of the Managing Director--(1) General duties of the
Managing Director--(i) Chief Operating Officer. The Managing Director
is responsible to the Chairman for the management and coordination of
Commission programs managed by the Director of Enterprise Services;
Office of Budget and Finance; Office of Consumer Affairs and Dispute
Resolution Services; Office of Human Resources; Office of Information
Technology; Office of Management Services; Bureau of Certification and
Licensing; Bureau of Trade Analysis; Bureau of Enforcement; and the
Commission's Area Representatives, as more fully described in
paragraphs (f)(2) and (3) of this section, and thereby implements the
regulatory policies of the Commission and the administrative policies
and directives of the Chairman.
(ii) Administrative direction. The Managing Director provides
administrative direction to all organizational components, except for
the OIG.
(2) General duties. The Office of the Managing Director interprets
and administers governmental policies and programs in a manner
consistent with Federal guidelines, including those involving financial
management, human resources, information technology, and procurement.
The Office of the Managing Director is responsible for directing and
administering the Commission's training and development function.
(3) Management and supervision. Other officers and offices under
the management direction of the Managing Director are as follows:
(i) Director, Enterprise Services. The Director, Enterprise
Services (D/ES) is the Commission's Chief Financial Officer (CFO) and
has responsibility for internal and external communications relating to
the budget and financial management. The D/ES works with the Directors,
Office of Budget and Finance, Office of Human Resources, Office of
Information Technology, and Office of Management Services, to manage
the day-to-day administrative operations of the Commission.
(ii) Office of Budget and Finance. The Office of Budget and Finance
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.
(iii) Office of Consumer Affairs and Dispute Resolution Services.
The Office of Consumer Affairs and Dispute Resolution Services has
responsibility for developing and implementing the Alternative Dispute
Resolution Program, responds to consumer inquiries and complaints, and
coordinates the Commission's efforts to resolve disputes within the
shipping industry. The Office reviews existing and proposed legislation
and regulations for impact on the shipping industry and its consumers
and recommends appropriate policies and regulations to facilitate
trade.
(iv) Office of Human Resources. The Office of Human Resources plans
and administers a complete personnel management program.
(v) Office of Information Technology. The Office of Information
Technology administers the Commission's information technology (``IT'')
program under the Paperwork Reduction Act of 1995, as amended, as well
as other applicable laws that prescribe responsibility for operating
the IT program.
(vi) Office of Management Services. The Office of Management
Services administers a variety of management support service functions
of the Commission.
(vii) Bureau of Certification and Licensing. The Bureau of
Certification and Licensing, through the Office of Transportation
Intermediaries, has responsibility for reviewing applications and
triennial renewals for Ocean Transportation Intermediary (``OTI'')
licenses, and maintaining records about licensees and registrations,
managing all activities with respect to evidence of financial
responsibility for OTIs, and for developing and maintaining all Bureau
databases and records of OTI applicants, licensees, and registrations.
In addition, the Bureau of Certification and Licensing has
responsibility for reviewing applications and renewals for certificates
of financial responsibility with respect to passenger vessels,
reviewing requests for substitution of alternative forms of financial
protection, managing all activities with respect to evidence of
financial responsibility for passenger vessel owner/operators, and for
developing and maintaining all Bureau databases and records of
passenger vessel owner/operators.
(viii) Bureau of Trade Analysis. The Bureau of Trade Analysis
reviews agreements and monitors the concerted activities of ocean
common carriers and marine terminal operators, reviews and analyzes
service contracts, monitors rates of government-controlled carriers,
reviews carrier published tariff systems, responds to inquiries or
issues that arise concerning service contracts or tariffs, and is
responsible for competition oversight and market analysis.
[[Page 50683]]
(ix) Bureau of Enforcement. The Bureau of Enforcement conducts
investigations and recommends enforcement action, and provides legal
support related to enforcement to other Commission offices. The Bureau
of Enforcement also: Participates as trial counsel in formal Commission
proceedings when designated by Commission order, or when intervention
is granted; negotiates informal compromises of civil penalties subject
to the prior approval of the Commission; prepares and presents
compromise agreements for Commission approval; and represents the
Commission in proceedings and circumstances as designated.
(x) Area Representatives. Area Representatives represent the
Commission within their respective geographic area; act as a liaison
between the Commission and interested parties such as members of the
shipping industry, state and local governments, and members of the
public; furnish to interested persons information, advice, and access
to Commission public documents; receive and resolve informal
complaints, in coordination with the Director, Office of Consumer
Affairs and Dispute Resolution Services; investigate potential
violations of the shipping statutes and the Commission's regulations;
and provide assistance to the various bureaus and offices of the
Commission, as appropriate and when requested.
Subpart B--Delegation and Redelegation of Authorities
Sec. 501.11 Delegation of authorities.
(a) Authority and delegation. The provision at 46 U.S.C. 46106
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. The Commission delegates specific authorities to
the delegatees designated in Sec. Sec. 501.12 through 501.17, subject
to the limitations prescribed in this section.
(b) Temporary redelegation. When the head of a bureau or office is
absent or incapacitated, they may temporarily redelegate their
authorities to subordinate personnel under their supervision and
direction or to another bureau or office head for the period of their
absence or incapacitation.
(c) Redelegation. Other than temporary redelegations under
paragraph (b) of this section, and subject to the limitations in this
section, the delegatees may redelegate their authorities to subordinate
personnel under their supervision and direction only if this subpart is
amended to reflect such redelegation and notice thereof is published in
the Federal Register.
(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) Petition. 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. 502.94 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, if the redelegator is
incapacitated.
(2) Discretionary review. The vote of a majority of the Commission
less one member (e.g., two Commissioners if there are a total of four
or five sitting Commissioners; one Commissioner if there are a total of
three or fewer sitting Commissioners) shall be sufficient to bring any
delegated action before the Commission for review under this paragraph
(f).
(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. 501.12 Delegation to the General Counsel.
(a) Authority to classify carriers within the meaning of 46 U.S.C.
40102(9) except where a carrier submits a rebuttal statement pursuant
to Sec. 565.3(b) of this chapter.
(b) Authority to review for legal sufficiency all adverse personnel
actions, procurement activities, Freedom of Information Act matters,
Privacy Act matters, and requests for testimony by employees and
production of official records in litigation and other administrative
actions, pursuant to part 503, subpart E, of this chapter.
Sec. 501.13 Delegation to the 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 for the submission of
written comments with reference to agreements filed pursuant to 46
U.S.C. chapter 403.
(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 the
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
[[Page 50684]]
environmental assessments of no significant impact.
Sec. 501.14 Delegation to and redelegation by the Managing Director.
(a) Authority to adjudicate, with the concurrence of the General
Counsel, and authorize payment of, employee claims for not more than
$10,000.00, arising under the Military and Civilian Personnel Property
Act of 1964 (31 U.S.C. 3721) and the Federal Tort Claims Act (28 U.S.C.
1346(b), 2671-2680).
(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.
(c)(1) Authority to classify all positions GS-1 through GS-15 and
wage grade positions.
(2) The authority under paragraph (c)(1) of this section is
redelegated to the Director, Office of Human Resources.
Sec. 501.15 Delegation to the Chief Financial Officer.
(a) Authority 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.
(b) Authority, in the absence or preoccupation of the Managing
Director, to sign travel orders, non-docketed 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. 501.16 Delegation to and redelegation by the Director, Bureau
of Certification and Licensing.
(a) In relation to OTI licenses:
(1) Authority to approve or disapprove applications for OTI
licenses; issue or reissue or transfer such licenses; and approve
extensions of time in which to furnish the name(s) and ocean
transportation intermediary experience of the managing partner(s) or
officer(s) who will replace the qualifying partner or officer upon
whose qualifications the original licensing was approved;
(2) Authority to issue a letter stating that the Commission intends
to deny an OTI 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;
(3) Authority to revoke the license of an OTI upon the request of
the licensee;
(4) Authority to, upon receipt of notice of cancellation of any
instrument evidencing financial responsibility, notify the licensee in
writing that its license will automatically be suspended or revoked,
effective on the cancellation date of such instrument, unless new or
reinstated evidence of financial responsibility is submitted and
approved prior to such date, and subsequently order such suspension or
revocation for failure to maintain proof of financial responsibility;
(5) Authority to revoke the ocean transportation intermediary
license of a non-vessel-operating common carrier not in the United
States for failure to designate and maintain a person in the United
States as legal agent for the receipt of judicial and administrative
process;
(6) Authority to approve changes in an existing licensee's
organization; and
(7) Authority to 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.
(8) The authorities contained in paragraphs (a)(3) and (4) of this
section are redelegated to the Director, Transportation Intermediaries,
in the Bureau of Certification and Licensing.
(b) In relation to Certificates:
(1) Authority to approve applications for Certificates
(Performance) and Certificates (Casualty) for passenger vessels,
evidenced by a surety bond, guaranty, escrow agreements, or insurance
policy, or combination thereof; and issue, reissue, or amend such
Certificates;
(2) Authority to 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. 540.8(c)
or 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) Authority to 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. 540.8(c) or 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) Authority to revoke a Certificate (Performance) and/or
(Casualty) which has expired, and/or upon request of, or acquiescence
by, the certificant; and
(5) Authority to notify a certificant when a Certificate
(Performance) and/or (Casualty) has become null and void in accordance
with Sec. Sec. 540.8(a) and 540.26(a) of this chapter.
(c) Authority to approve amendments to escrow agreements filed
under Sec. 540.5(b) of this chapter when such amendments are for the
purpose of changing names of principals, changing the vessels covered
by the escrow agreement, changing the escrow agent, and changing the
amount of funds held in escrow, provided that the changes in amount of
funds result in an amount of coverage that complies with the
requirements in the introductory text of Sec. 540.5 of this chapter.
(d) Authority to grant requests to substitute alternative financial
responsibility pursuant to Sec. 540.9(l) of this chapter based upon
existing protection available to purchases of passenger vessel
transportation by credit card by an amount up to fifty (50) percent of
the passenger vessel operator's highest two-year unearned passenger
revenues.
Sec. 501.17 Delegation to and redelegation by the Director, Bureau
of Trade Analysis.
(a) Authority to determine that no action should be taken to
prevent an agreement or modification to an agreement from becoming
effective under 46 U.S.C. 40304(c), and to shorten the review period
under 46 U.S.C. 40304(c)(1) and (e)(1), 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 535 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
[[Page 50685]]
from one person or committee to another.
(b) Authority to grant or deny applications filed under Sec.
535.407 of this chapter for waiver of the form, organization, and
content requirements of Sec. Sec. 535.401 through 535.406 of this
chapter.
(c) Authority to grant or deny applications filed under Sec.
535.504 of this chapter for waiver of the Information Form requirements
in subpart E of part 535 of this chapter.
(d) Authority to grant or deny applications filed under Sec.
535.705 of this chapter for waiver of the reporting requirements in
subpart G of part 535 of this chapter.
(e) Authority to determine that no action should be taken to
prevent an agreement or modification of an agreement from becoming
effective under 46 U.S.C. 40304(c)(1) 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 the delegation in this paragraph
(e) 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 equal access agreements.
(f) Authority to grant or deny shortened review pursuant to Sec.
535.605 of this chapter for agreements for which authority is delegated
in paragraph (e) of this section.
(g) Subject to review by the General Counsel, authority to deny,
but not approve, requests filed pursuant to Sec. 535.605 of this
chapter for a shortened review period for agreements for which
authority is not delegated under paragraph (e) of this section.
(h) Authority to issue notices of termination of agreements which
are otherwise effective under 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.
(i) 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 46 U.S.C. chapter 403.
(j) Authority to request controlled carriers to file justifications
for existing or proposed rates, charges, classifications, rules, or
regulations, and to 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 46 U.S.C. 40704(b)-(e).
(k) 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.
(l)(1) Authority to approve for good cause or disapprove special
permission applications submitted by common carriers, or conferences of
such carriers, subject to 46 U.S.C. chapter 405, for relief from
statutory and/or Commission tariff requirements.
(2) The authority under this paragraph (l) is redelegated to the
Director of Agreements, Service Contracts, and Tariffs, in the Bureau
of Trade Analysis.
(m)(1) Authority to approve or disapprove special permission
applications submitted by a controlled carrier subject to the
provisions of 46 U.S.C. chapter 407 for relief from statutory and/or
Commission tariff requirements.
(2) The authority under this paragraph (m) is redelegated to the
Director of Agreements, Service Contracts, and Tariffs, in the Bureau
of Trade Analysis.
(n)(1) The authority to accept, deny, or deactivate a Form FMC-1
submitted by ocean common carriers, non-vessel-operating common
carriers, conferences, and marine terminal operators under parts 520
and 525 of this chapter.
(2) The authority under this paragraph (n) is redelegated to the
Director of Agreements, Service Contracts, and Tariffs, in the Bureau
of Trade Analysis.
(o) Authority contained in part 530 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.
(p) Authority to require Monitoring Reports from, or prescribe
alternative periodic reporting requirements for, parties to agreements
under Sec. 535.702(c) and (d) of this chapter.
(q) Authority to require parties to agreements subject to the
Monitoring Report requirements in Sec. 535.702(a)(2) of this chapter
to report their agreement commodity data on a sub-trade basis pursuant
to Sec. 535.703(d) of this chapter.
By the Commission.
Rachel E. Dickon,
Secretary.
[FR Doc. 2021-19078 Filed 9-9-21; 8:45 am]
BILLING CODE 6730-02-P
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</html>Indexed from Federal Register on September 10, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.