Rule2025-11306
Delegations of Authority and Descriptions of Organization Components
Primary source
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Published
June 20, 2025
Effective
June 20, 2025
Issuing agencies
Federal Maritime Commission
Abstract
The Federal Maritime Commission (Commission or FMC) is revising certain delegations of authority from the Commission, updating descriptions of organization components, and making minor related technical amendments. These revisions reflect re-organization of certain functions within the agency.
Full Text
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<title>Federal Register, Volume 90 Issue 117 (Friday, June 20, 2025)</title>
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[Federal Register Volume 90, Number 117 (Friday, June 20, 2025)]
[Rules and Regulations]
[Pages 26221-26223]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11306]
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FEDERAL MARITIME COMMISSION
46 CFR Part 501, 535, and 542
RIN 3072-AD04
[FMC-2025-0002]
Delegations of Authority and Descriptions of Organization
Components
AGENCY: Federal Maritime Commission.
ACTION: Final rule.
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SUMMARY: The Federal Maritime Commission (Commission or FMC) is
revising certain delegations of authority from the Commission, updating
descriptions of organization components, and making minor related
technical amendments. These revisions reflect re-organization of
certain functions within the agency.
DATES: Effective June 20, 2025.
FOR FURTHER INFORMATION CONTACT: David Eng, Secretary; Phone: (202)
523-5725; Email: <a href="/cdn-cgi/l/email-protection#de8dbbbdacbbaabfaca79eb8b3bdf0b9b1a8"><span class="__cf_email__" data-cfemail="c390a6a0b1a6b7a2b1ba83a5aea0eda4acb5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Overview of Changes
In December 2024, the Commission brought the competition staff of
the FMC's Bureau of Trade Analysis and the competition staff of the
Office of the General Counsel together under a new Competition Section
within the Office of the General Counsel. This realignment enables the
agency to have the economists and lawyers who make up our competition
staff work together as one integrated unit. During this transition, the
Commission also realigned the Bureau of Trade Analysis to emphasize its
core function, which is to provide maritime supply chain analytics.
These changes are reflected in revisions to 46 CFR 501.3, 501.12 and
501.17. Corresponding changes in part 535 are being made in 46 CFR
535.301(d), 535.302(d), 535.311(c), 535.501(b), 535.504(b), 535.606(a),
535.701(d) and (e)(2), 535.702(b), 535.703(c), 535.705(b), 535.802(e)
and Appendix B to Part 535--Monitoring Report and Instructions to
remove references to the Bureau of Trade Analysis. In association with
this change, the FMC is also revising Sec. 542.1(j)(2) to remove the
reference to the Director of the Bureau of Trade Analysis. Parties
required to file documented export policies with the Commission under
Sec. 542.1 will continue to submit these reports via the same email
address, <a href="/cdn-cgi/l/email-protection#5a3f222a35282e2a35363339231a3c3739743d352c"><span class="__cf_email__" data-cfemail="86e3fef6e9f4f2f6e9eaefe5ffc6e0ebe5a8e1e9f0">[email protected]</span></a>.
Legal Authority
The Commission is authorized under 46 U.S.C. 46104(a) to delegate
within the agency any of its duties or powers and under 46 U.S.C.
46105(a) to prescribe regulations to carry out its duties and powers.
In addition, 5 U.S.C. 552(a)(1)(A) directs agencies to publish in the
Federal Register descriptions of their central organization.
Rulemaking Analysis
Administrative Law Matters
This rule relates solely to agency organization, procedure, or
practice. Accordingly, the Administrative Procedure Act (APA)'s
provisions regarding notice of rulemaking and opportunity for public
comment are not applicable. 5 U.S.C. 553(b)(A). The Commission finds
that there is good cause to establish an effective date less than 30
days after publication of this amendment because this amendment does
not affect the rights or obligations of non-agency parties, 5 U.S.C.
553(d). This amendment is therefore effective upon publication in the
Federal Register. Because notice and comment are not required, the
Regulatory Flexibility Act and the Small Business Regulatory
Enforcement Fairness Act, 5 U.S.C. 601 et seq., are not applicable.
This amendment does not contain any collection of information
requirements as defined by the Paperwork Reduction Act of 1995. See 5
CFR 1320.3(c).
Federal Register
Executive Order 12866
This action is limited to agency organization, management, and
personnel matters and therefore is not a ``regulation'' or ``rule''
under Executive Order 12866 (Regulatory Planning and Review), section
3(d)(3). Accordingly, this action has not been reviewed by the Office
of Management and Budget.
Executive Order 14192
This action is limited to agency organization, management, and
personnel matters and therefore is not a ``regulation'' or ``rule''
under section 5(b) of Executive Order 14192 (Unleashing Prosperity
Through Deregulation). Accordingly, sections 3 and 4 of Executive Order
14192 are not applicable to this action.
Congressional Review Act
The Congressional Review Act (CRA), codified at 5 U.S.C. 801 et
seq., 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. Therefore, this final rule is not a ``rule''
under the CRA and is not subject to the CRA's requirements.
[[Page 26222]]
Executive Order 12988 (Civil Justice Reform)
This rule meets the applicable standards in Executive Order 12988
(Civil Justice Reform) to minimize litigation, eliminate ambiguity, and
reduce burden.
National Environmental Policy Act
This rule is an action involving personnel matters of the agency.
It is therefore categorically excluded from additional review under 46
CFR 504.4(a)(28).
List of Subjects
46 CFR Part 501
Delegations of authority, Organization and functions, Seals and
insignia.
46 CFR Part 535
Administrative practice and procedure, Freight, Maritime carriers,
Reporting and recordkeeping requirements.
46 CFR Part 542
Administrative practice and procedure, Cargo vessels, Common
carriers, Maritime carriers, and Vessels.
For the reasons set out above, the Federal Maritime Commission
amends 46 CFR parts 501, 535, and 542 as follows:
PART 501--THE FEDERAL MARITIME COMMISSION--GENERAL
0
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. 40101-41309, 42101-42109, 44101-44106, 46101-46108; Pub. L.
89-56, 70 Stat. 195; 5 CFR part 2638; Pub. L. 104-320, 110 Stat.
3870.
0
2. In Sec. 501.3, revise paragraphs (d)(1) and (f)(3)(viii) to read as
follows:
Sec. 501.3 The Commission's organizational components and their
functions.
* * * * *
(d) * * *
(1) General. The Office of the General Counsel provides legal
services to the Commission and to the Commission staff, manages the
Commission's international affairs functions, monitors rates of
government-controlled carriers, reviews agreements and monitors the
concerted activities of ocean common carriers and marine terminal
operators, and is responsible for competition oversight.
* * * * *
(f) * * *
(3) * * *
(viii) Bureau of Trade Analysis. The Bureau of Trade Analysis
reviews and analyzes service contracts, reviews carrier published
tariff systems, responds to inquiries or issues that arise concerning
service contracts or tariffs, and is responsible for market analysis.
* * * * *
0
3. In Sec. 501.12, add paragraphs (c) through (m) to read as follows:
Sec. 501.12 Delegation to the General Counsel.
* * * * *
(c) 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 from
one person or committee to another.
(d) 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.
(e) 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.
(f) 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.
(g) 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
(g) 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.
(h) Authority to grant or deny shortened review pursuant to Sec.
535.605 of this chapter for agreements for which authority is delegated
in paragraph (g) of this section.
(i) 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 (g) of
this section.
(j) Authority to issue notices of termination of agreements which
are otherwise effective under the Shipping Act of 1984, as amended,
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) Based on the General Counsel's determination that the parties
are no longer engaged in activity under the agreement; or
(3) Based on 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 46 U.S.C. chapter 403.
(l) Authority to require 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).
(m) 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.
0
4. Revise Sec. 501.17 as follows:
Sec. 501.17 Delegation to and Redelegation by the Director, Bureau of
Trade Analysis.
(a) Authority to recommend to the Commission the initiation of
formal proceedings or other actions with
[[Page 26223]]
respect to suspected violations of the Shipping Act of 1984, as
amended, and rules and regulations of the Commission.
(b) 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.
(c) 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.
PART 535--OCEAN COMMON CARRIER AND MARINE TERMINAL OPERATOR
AGREEMENTS SUBJECT TO THE SHIPPING ACT OF 1984.
0
5. The authority citation for part 535 continues to read as follows:
Authority: 5 U.S.C. 553; 46 U.S.C., 40101-40104, 40301-40307,
40501-40503, 40901-40904, 41101-41109, 41301-41302, and 41305-41307,
46105.
Sec. 535.301 [Amended]
0
6. In Sec. 535.301(d) remove the words ``Bureau of Trade Analysis''
and add in their place ``Office of the General Counsel''.
Sec. 535.302 [Amended]
0
7. In Sec. 535.302(d) remove the words ``Director of the Bureau of
Trade Analysis'' and add in their place ``General Counsel''.
Sec. 535.311 [Amended]
0
8. In Sec. 535.311(c) remove the words ``Director, Bureau of Trade
Analysis,'' and add in their place ``General Counsel''.
Sec. 535.501 [Amended]
0
9. In Sec. 535.501(b) remove the words ``Bureau of Trade Analysis''
and add in their place ``Commission''.
Sec. 535.504 [Amended]
0
10. In Sec. 535.504(b) remove the words ``Director, Bureau of Trade
Analysis,'' and add in their place ``General Counsel,''.
Sec. 535.606 [Amended]
0
11. In Sec. 535.606(a) remove the words ``Director, Bureau of Trade
Analysis,'' and add in their place ``Office of the General Counsel,''.
Sec. 535.701 [Amended]
0
12. In Sec. 535.701:
0
a. In paragraph (d):
0
1. Remove the words ``Director, Bureau of Trade Analysis,'' and add in
their place ``General Counsel,''; and
0
2. Remove the words ``Bureau of Trade Analysis'' and add in their place
``Commission''; and
0
b. In paragraph (e)(2), remove the words ``Bureau of Trade Analysis''
and add in their place ``Office of the General Counsel''.
Sec. 535.702 [Amended]
0
13. In Sec. 535.702(b) remove the words ``Bureau of Trade Analysis''
and add in their place ``Office of the General Counsel''.
Sec. 535.703 [Amended]
0
14. In Sec. 535.703(c) remove the words ``Director, Bureau of Trade
Analysis,'' and add in their place ``Office of the General Counsel''.
Sec. 535.705 [Amended]
0
15. In Sec. 535.705(b) introductory text, remove the words ``Director,
Bureau of Trade Analysis,'' and add in their place ``General
Counsel,''.
Sec. 535.802 [Amended]
0
16. In Sec. 535.802(e) remove the words ``Director, Bureau of Trade
Analysis,'' and add in their place ``Office of the General Counsel,''.
Appendix B to Part 535 [Amended]
0
17. In appendix B to part 535, amend part 2(C) by removing the words
``Director, Bureau of Trade Analysis,'' and add in their place ``Office
of the General Counsel''.
PART 542--COMMON CARRIER PROHIBITIONS
0
18. The authority citation for part 542 continues to read as follows:
Authority: 5 U.S.C. 553; and 46 U.S.C. 40104, 46105, 40307,
40501-40503, 40901-40904, 41101-41106.
Sec. 542.1 [Amended]
0
19. In Sec. 542.1(j)(2) remove the words ``Director, Bureau of Trade
Analysis,''.
By the Commission.
David Eng,
Secretary.
[FR Doc. 2025-11306 Filed 6-18-25; 8:45 am]
BILLING CODE 6730-02-P
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