Update of Existing Filing and Service Fees

FEDERAL MARITIME COMMISSION

46 CFR Parts 502, 503, 510, 514, 540, and 583

[Docket No. 94-14]

Update of Existing Filing and Service Fees

AGENCY: Federal Maritime Commission.

ACTION: Proposed rule.

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SUMMARY: The Federal Maritime Commission (``Commission'') proposes to

revise its existing fees for filing petitions, complaints, and special

docket applications; various public information services, such as

record searches, document copying, and admissions to practice; filing

freight forwarder applications; various ATFI-related services; filing

applications by cruise operators for performance and casualty

certificates; and providing NVOCC listings. This proposal will update

existing fees to reflect current costs to the Commission.

DATES: Comments due September 12, 1994.

ADDRESSES: Comments (original and fifteen copies) to: Joseph C.

Polking, Secretary, Federal Maritime Commission, 800 North Capitol

Street, NW., Washington, DC 20573-0001.

FOR FURTHER INFORMATION CONTACT: Jeremiah D. Hospital or George S.

Smolik, Bureau of Trade Monitoring and Analysis, Federal Maritime

Commission, 800 North Capitol Street, NW., Washington, DC 20573-001,

(202) 523-5790.

SUPPLEMENTARY INFORMATION: The Commission is authorized under the

Independent Offices Appropriation Act (``IOAA''), 31 U.S.C. 9701, to

establish fees for services and benefits that it provides to specific

recipients. The IOAA provides:

(a) . . . that each service or thing of value provided by an

agency . . . to a person . . . be self-sustaining to the extent

possible.

(b) . . . each charge shall be--

(1) fair; and

(2) based on--

(A) the costs to the Government;

(B) the value of the service or thing to the recipient;

(C) public policy or interest served; and

(D) other relevant facts.

31 U.S.C. 9701.

The primary guidance for implementation of IOAA is Office of

Management and Budget (``OMB'') Circular A-25, as revised July 8, 1993.

OMB Circular A-25 requires that a reasonable charge be made to each

recipient for a measurable unit or amount of Government service from

which the recipient derives a benefit, in order that the Government

recover the full cost of rendering that service.

OMB Circular A-25 further provides that costs be determined or

estimated from the best available records in the agency, and that cost

computations shall cover the direct and indirect costs to the

Government of carrying out the activity, including but not limited to:

(a) Direct and indirect personnel costs, including salaries and

fringe benefits such as medical insurance and retirement. . . .;

(b) Physical overhead, consulting, and other indirect costs

including material and supply costs, utilities, insurance, travel

and rent . . . .;

(c) The management and supervisory costs.

(d) The costs of enforcement, collection, research,

establishment of standards, and regulations, including any required

environmental impact statements.

OMB Circular A-25, paragraphs 6 d. (a), (b), (c), and (d). OMB Circular

A-25 also calls for a periodic reassessment of costs, with related

adjustment of fees, if necessary, and the establishment of new fees

where none exists.1

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\1\In a companion rulemaking proceeding Docket No. 94-15, New

Filing Fees, the Commission is proposing implementing new fees for

tariff and agreement filings; applications for filing alternate

data, for extension of time to file, and for waiver of detailed

filing of financial data in the domestic offshore trades; and the

filing of general rate increases in the domestic offshore trades.

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The Commission's current filing and service fees have been in

effect since 1983. The fees established at that time are no longer

representative of the Commission's actual costs for providing such

services. The Commission, accordingly, proposes to update its fees to

reflect current costs to the Commission.

The Commission has reviewed its current fees and developed data on

the time and cost involved in providing particular services to arrive

at the updated direct labor costs for those services. The direct labor

costs included clerical, professional, supervisory, and executive time

expended on an activity, plus a check processing cost of $1.00.

Indirect costs (overhead and other assignable costs) were added to

direct labor costs to arrive at fully distributed costs for providing

each service. The indirect costs include Government overhead costs,

which are fringe benefits and other wage-related Government

contributions contained in OMB Circular A-76;2 Commission general

and administrative expenses;3 and office general and

administrative overhead expenses.4 The sum of these indirect cost

components gives an indirect cost factor that is added to the direct

labor costs of an activity to arrive at the fully distributed cost.

Appendix A is a detailed explanation of how the indirect cost factor

was computed.

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\2\These include leave and holidays, retirement, workmen's

compensation awards, health and life insurance, and Medicare. These

are expressed as a percentage of basic pay.

\3\These costs include all salaries and overhead, such as rent,

utilities, supplies, and equipment, allocated to the Offices of the

Commissioners, Managing Director, General Counsel, and the Bureau of

Administration. The percentage of these costs to the total agency

budget is allocated across all Commission programs.

\4\These expenses are limited to the overhead expenses allocated

to those bureaus and offices involved in fee-generating activities,

and is derived from dividing allocated overhead expenses by the

total funding for these fee-generating offices.

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All current fees, except as noted, are being revised to reflect the

higher costs to the Commission in providing its services. A summary

schedule of revised fees is provided in Appendix B. A detailed summary

of the data used to arrive at the proposed fees is available from the

Secretary of the Commission upon written request.

Proposed Fees

Part 502 Fees

The Commission assesses a number of fees under its Rules of

Practice and Procedure codified at 46 CFR Part 502. The fees contained

in Part 502 are being revised to reflect the current cost to the

Commission of providing particular services. General petitions and

petitions for declaratory orders filed with the Commission are

currently assessed a filing fee of $50. The Commission proposes to

raise this amount to $162.5 The formal complaint filing fee is

increased to $166 from $50. The fee for filing special docket

applications is increased to $86 from $25. The filing fee for informal

complaints is increased to $68 from $25. Persons using the Commission's

conciliation services will be assessed a $61 fee, up from $25.

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\5\All proposed revised fees have been rounded down to the

nearest dollar.

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Part 503 Fees

The Commission's rules on public information, 46 CFR Part 503,

contain fees to be charged for certain services provided to the public.

These fees also are being updated to reflect the current cost to the

Commission. Record search services performed by Commission staff will

be increased from $11 to $15 per hour for clerical staff, and from $23

to $30 per hour for professional staff; the minimum charge for a record

search will increase from $11 to $15. The charge for reviewing

documents to determine whether they are exempt from disclosure under

the Freedom of Information Act is being increased to $63 per hour from

$38. While the per-page copying charge of five cents per page (one

side) is not being revised, the service charge for copying performed by

Commission staff will increase to $15 per hour. The minimum service fee

for copying remains unchanged at $3.50. The fee for validating and

certifying documents is increased to $70 per certificate. Annual

subscription services for Commission publications will be increased as

follows: $278 for initial and final orders in all formal proceedings,

and $223 for final orders only in all formal proceedings. Subscription

fees for copies of Commission rules and regulations are increased as

follows: $83 for initial set of the rules and regulations, and $7 for

an annual subscription for all amendments to existing rules and new

rules issued during the year. The latter fee is a decrease from the

current fee of $8.25. The fee to have one's name placed on a mailing

list of a specific docket to receive all issuances pertaining to the

proceeding is increased to $7 per proceeding, up from $3. The fee for

copies of the Commission Rules of Practice and Procedure will be $9 and

an annual subscription to amendments will be $7; these are increased

from $4.25 and $4, respectively. The fee for applications for admission

to practice before the Commission for persons not attorneys at law will

increase from $13 to $77.

Under its rules regarding access to records of personal

information, the Commission assesses fees for copying, certifying, and

validating documents. The Commission is reducing its per-page copying

charge under these rules from 30 cents a page to 5 cents a page; this

is consistent with the Commission's general copying charge. The

Commission is increasing its fee for certification and validation of

documents under these rules to $70 per document; this is also

consistent with similar fees assessed elsewhere.

The Commission is also clarifying and updating its policy contained

in 46 CFR Part 503 regarding the waiver or reduction of service and

filing fees. It is the general policy of the Commission not to waive or

reduce service or filing fees. The Commission will, however, entertain

requests for waiving or reducing fees based on public interest grounds

or undue hardship.

In a somewhat related matter, the Commission no longer publishes a

guide on the shipping of automobiles, entitled Automobile Manufacturers

Measurements. Therefore, the Commission proposes to delete the obsolete

reference to this guide in 46 CFR Part 503.

Freight Forwarder Fees

Part 510 of the Commission's regulations, 46 CFR Part 510, contains

fees associated with the filing of applications for ocean freight

forwarder licenses. The Commission proposes to revise its fees under

these regulations as follows: increase the license application fee to

$687 from $350, increase the fee for reissuance of a license or status

change application to $365 from $100, and increase the fee for

supplemental investigations of pending license applications to $213

from $100.

ATFI Fees

The Commission's regulations on tariff filing, 46 CFR Part 514,\6\

contain fees for filing applications requesting special permission to

depart from established rules, and fees related to the Commission's

Automated Tariff Filing and Information System (``ATFI''). The

application fee for special permission requests will increase to $146

from $100. ATFI-related fees will go up as follows:

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\6\The Commission is not proposing any changes to Parts 550,

Publishing, Filing, and Posting of Tariffs in Domestic Offshore

Commerce, and 580, Publishing and Filing Tariffs by Common Carriers

in the Foreign Commerce of the United States, because these parts

are obsolete, are subsumed in Part 514, and will be removed in the

near future.

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Dollars

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ATFI Registration........................................... $162

Registration Changes........................................ 136

Certification of Software Functionality..................... 359

Initial Set of ATFI Tapes................................... 336

Daily Update of ATFI Tapes.................................. 61

Weekly Update of ATFI Tapes................................. 86

Monthly Update of ATFI Tapes................................ 136

Miscellaneous Tapes......................................... 61

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Updates of ATFI tapes include a set number of tapes; if more tapes

are required, the fee will increase by $25 per additional tape. The

Commission currently charges the public, under section 502 of Public

Law 102-582, 46 U.S.C. 1707a, 46 cents per minute for data retrieval

from the ATFI database.\7\ The Commission is not proposing any change

in this charge at this time. Likewise, the Commission is not proposing

any change in fees for ATFI user manuals. The Commission is studying

its costs in these areas, and will propose revised fees in the future.

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\7\The Commission's authority to assess an ATFI retrieval fee,

under section 502 of Pub. L. 102-582, expires on September 30, 1995.

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Financial Responsibility Certificate Fees

Under 46 CFR Part 540, Security for the Protection of the Public,

passenger vessel operators file applications for certificates to show

that they have sufficient coverage to (1) Indemnify passengers for

nonperformance of transportation, and (2) meet any liability incurred

for death or injury. The Commission proposes to increase the filing

fees for these certificates as follows: for certificate of performance,

$1,874, and for certificate of casualty, $830.

NVOCC List Fee

The Commission provides, upon request, a listing of tariffed and

bonded non-vessel-operating common carriers (``NVOCCs''). This list is

used as proof by common carriers that listed NVOCCs are in compliance

with the Commission's regulations, i.e., that they are tariffed and

bonded. The Commission proposes to increase the charge for providing

this list to $122. Those requesting the list can have the information

in several forms: hard paper copy, diskette, or tape.

In keeping with OMB guidelines, the Commission intends to update

its fees on an annual basis. In updating its fees, the Commission will

incorporate changes in the wages and salaries of its employees into

direct labor costs associated with its services, and recalculate its

indirect costs (overhead) based on current level costs.

The Commission, in its latest amendment to 46 CFR Part 502, omitted

a reference to Public Law 88-777 in its Authority statement (58 FR

36848, July 19, 1993). This omission is proposed to be corrected in

this document.

The Commission certifies pursuant to section 605(b) of the

Regulatory Flexibility Act, 5 U.S.C. 605(b), that this rule will not

have a significant economic impact on a substantial number of small

entities, including small businesses, small organizational units, and

small governmental jurisdictions. The Commission recognizes that these

proposed fees may have some impact on the shipping industry, but not of

the magnitude that would be contrary to the requirements of the

Regulatory Flexibility Act. For the most part, entities impacted by the

proposed increases are ocean common carriers, who traditionally have

not been viewed as small entities. Fees collected from the general

public for Commission information recover the total cost to the

Commission for providing specific services. Fees for filing petitions,

formal and informal complaints, in the Commission's view, do not impose

an undue burden nor have a chilling effect on filers. Furthermore,

Commission regulations provide for waiver of fees for those entities

that can make the required showing of undue hardship.

This proposed rule does not contain any collection of information

requirements as defined by the Paperwork Reduction Act of 1980, as

amended. Therefore, OMB review is not required.

List of Subjects

46 CFR Part 502

Administrative practice and procedure, Claims, Equal access to

justice, Investigations, Lawyers, and Reporting and recordkeeping

requirements.

46 CFR Part 503

Classified information, Freedom of information, Privacy, and

Sunshine Act.

46 CFR Part 510

Freight forwarders, Maritime carriers, Reporting and recordkeeping

requirements, and Surety bonds.

46 CFR Part 514

Freight, Harbors, Maritime carriers, and Reporting and

recordkeeping requirements.

46 CFR Part 540

Insurance, Maritime carriers, Penalties, Reporting and

recordkeeping requirements, and Surety bonds.

46 CFR Part 583

Freight, Maritime carriers, reporting and recordkeeping

requirements, and Surety bonds.

Pursuant to 5 U.S.C. 553, the Independent Offices Appropriations

Act, 31 U.S.C. 9701, and section 17 of the Shipping Act of 1984, 46

U.S.C. app. 1716, the Commission proposes to amend title 46 of the Code

of Federal Regulations as follows:

PART 502--RULES OF PRACTICE AND PROCEDURE

1. 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, 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).

Subpart E--Proceedings; Pleadings; Motions; Replies

2. Section 502.62(f) is revised to read as follows:

Sec. 502.62 Complaints and fee.

* * * * *

(f) The complaint shall be accompanied by remittance of a $166

filing fee.

* * * * *

3. Section 502.68(a)(3) is revised to read as follows:

Sec. 502.68 Declaratory orders and fee.

(a) * * *

(3) Petitions shall be accompanied by remittance of a $162 filing

fee.

* * * * *

4. Section 502.69(b) is revised to read as follows:

Sec. 502.69 Petitions--general and fee.

* * * * *

(b) Petitions shall be accompanied by remittance of a $162 filing

fee. [Rule 69.]

Subpart F--Settlement; Prehearing Procedure

5. Section 502.92(a)(3)(ii) is revised to read as follows:

Sec. 502.92 Special docket applications and fee.

(a) * * *

(3)(i) * * *

(ii) The application for refund or waiver must be accompanied by

remittance of an $86 filing fee.

* * * * *

Subpart K--Shortened Procedure

6. The last sentence of Sec. 502.182 is revised to read as follows:

Sec. 502.182 Complaint and memorandum of facts and arguments and

filing fee.

* * * The complaint shall be accompanied by remittance of a $166

filing fee. [Rule 182.]

Subpart S--Informal Procedure for Adjudication of Small Claims

7. The last sentence of Sec. 502.304(b) is revised to read as

follows:

Sec. 502.304 Procedure and filing fee.

* * * * *

(b) * * * Such claims shall be accompanied by remittance of a $68

filing fee.

* * * * *

Subpart U--Conciliation Service

8. The last sentence of Sec. 502.404(a) is revised to read as

follows:

Sec. 502.404 Procedure and fee.

(a) * * * The request shall be accompanied by remittance of a $61

service fee.

* * * * *

PART 503--PUBLIC INFORMATION

9. The authority citation for Part 503 is revised to read as

follows:

Authority: 5 U.S.C. 552, 552a, 552b, 553; 31 U.S.C. 9701; E.O.

12356, 47 FR 14874, 15557, 3 CFR 1982 Comp., p. 167.

Subpart E--Fees

10. The introductory paragraph of Sec. 503.41 is revised to read as

follows:

Sec. 503.41 Policy and services available.

Pursuant to policies established by the Congress, the Government's

costs for services provided to identifiable persons are to be recovered

by the payment of fees (Independent Office Appropriations Act, 31

U.S.C. 9701 and Freedom of Information Reform Act of 1986, October 27,

1986, 5 U.S.C. 552). Except as otherwise noted, it is the general

policy of the Commission not to waive or reduce service and filing fees

contained in this Chapter. In extraordinary situations, the Commission

will accept requests for waivers or fee reductions. Such requests are

to be made to the Secretary of the Commission at the time of the

information request or the filing of documents and must demonstrate

that the waiver or reduction of a fee is in the best interest of the

public, or that payment of a fee would impose an undue hardship. The

Secretary will notify the requestor of the decision to grant or deny

the request for waiver or reduction.

* * * * *

11. In Sec. 503.43, paragraphs (c)(1) (i) and (ii), the first

sentence of paragraph (c)(2), paragraph (c)(3)(ii), paragraph (c)(4),

paragraphs (d) (1), (2), and (3), and paragraph (e) are revised;

paragraphs (f) and (i) are removed; paragraphs (g), (h), and (j) are

redesignated paragraphs (f), (g), and (h); and newly designated

paragraphs (f) and (g) are revised to read as follows: Sec. 503.43 Fees

for services.

* * * * *

(c) * * *

(1) * * *

(i) Search will be performed by clerical/administrative personnel

at a rate of $15.00 per hour and by professional/executive personnel at

a rate of $30.00 per hour.

(ii) Minimum charge for record search is $15.00.

(2) Charges for review of records to determine whether they are

exempt from disclosure under Sec. 503.35 shall be assessed to recover

full costs at the rate of $63.00 per hour. * * *

(3) * * *

(i) * * *

(ii) By Commission personnel, at the rate of five cents per page

(one side) plus $15.00 per hour.

(iii) * * *

(4) The certification and validation (with Federal Maritime

Commission seal) of documents filed with or issued by the Commission

will be available at $70.00 for each certification.

(d) * * *

(1) Orders, notices, rulings, and decisions (initial and final)

issued by Administrative Law Judges and by the Commission in all formal

docketed proceedings before the Federal Maritime Commission are

available at an annual subscription rate of $278.

(2) Final decisions (only) issued by the Commission in all formal

docketed proceedings before the Commission are available at an annual

subscription rate of $223.

(3) General rules and regulations of the Commission are available

at the following rates: (i) Initial set including all current

regulations for a fee of $83, and (ii) an annual subscription rate of

$6 for all amendments to existing regulations and any new regulations

issued.

* * * * *

(e) To have one's name and address placed on the mailing list of a

specific docket as an interested party to receive all issuances

pertaining to that docket: $7 per proceeding.

(f) Loose-leaf reprint of the Commission's complete, current Rules

of Practice and Procedure, part 502 of this chapter, for an initial fee

of $9. Future amendments to the reprint are available at an annual

subscription rate of $7.

(g) Applications for admission to practice before the Commission

for persons not attorneys at law must be accompanied by a fee of $77

pursuant to Sec. 502.27 of this chapter.

* * * * *

Subpart G--Access to Any Record of Identifiable Personal

Information

12. In section 503.69, paragraphs (b) (1) and (2) are revised to

read as follows:

Sec. 503.69 Fees.

* * * * *

(b) * * *

(1) The copying of records and documents will be available at the

rate of five cents per page (one side), limited to size 8\1/4\'' x 14''

or smaller.

(2) The certification and validation (with Federal Maritime

Commission seal) of documents filed with or issued by the Commission

will be available at $70 for each certification.

* * * * *

PART 510--LICENSING OF OCEAN FREIGHT FORWARDERS

13. The authority citation for Part 510 is revised 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, 1714, 1716, and 1718; 21 U.S.C. 853a.

Subpart B--Eligibility and Procedure for Licensing; Bond

Requirements

14. Section 510.12(b) is revised to read as follows:

Sec. 510.12 Application for license.

(a) * * *

(b) Fee. The application shall be accompanied by a money order,

certified check or cashier's check in the amount of $687 made payable

to the Federal Maritime Commission.

* * * * *

15. The penultimate sentence in section 510.14(b) is revised to

read as follows:

Sec. 510.14 Surety bond requirements.

(a) * * *

(b) * * * The fee for such supplementary investigation shall be

$213 payable by money order, certified check or cashier's check to the

Federal Maritime Commission. * * *

16. The first sentence of section 510.19(e) is revised to read as

follows:

Sec. 510.19 Changes in organization.

* * * * *

(e) Application form and fee. Applications for Commission approval

of status changes or for license transfers under paragraph (a) of this

section shall be filed in duplicate with the Director, Bureau of

Tariffs, Certification and Licensing, Federal Maritime Commission, on

form FMC-18 Rev., together with a processing fee of $365, made payable

by money order, certified check or cashier's check to the Federal

Maritime Commission. * * *

* * * * *

PART 514--TARIFFS AND SERVICE CONTRACTS

17. 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

Public Law 101-92, 103 Stat. 601.

Subpart C--Form, Content and Use of Tariff Data

18. In Sec. 514.21, paragraphs (c), (e) introductory text and

(e)(1), (f), (j), and (k) are revised to read as follows:

Sec. 514.21 User charges.

* * * * *

(c) Registration for user (filer and/or retriever ID and password

(see exhibit 1 to this part and Secs. 514.4(d), 514.8(f) and 514.20)):

$162 for initial registration for firm and one individual; $136 for

additions and changes.

(d) * * *

(e) Certification of batch filing capability (by appointment

through the Bureau of Administration) (Sec. 514.8(l)).

(1) User charge: $359 per certification submission (covers all

types of tariffs for which the applicant desires to be certified as

well as recertification required by substantial changes to the ATFI

system).

* * * * *

(f) Application for special permission (Sec. 514.18): $146.

* * * * *

(j) Database tapes (Sec. 514.20(d)). The fees for subscriber tapes,

similar to other fees in this section, reflect the cost of providing

those copies, including staff time, the cost of duplication,

distribution, and user-dedicated equipment, and are:

(1) Initial set of full database tapes: $336.

(2) Daily updates: $61.

(3) Weekly updates: $86.

(4) Monthly updates: $136.

Updates of ATFI tapes include a set number of tapes; if more tapes

are required, the fee will increase by $25 per additional tape.

(k) Miscellaneous tapes. The fee for tape data, other than the ATFI

database described in paragraph (j) of this section, shall be $61 for

the initial tape plus $25 for each additional tape required.

* * * * *

PART 540--SECURITY FOR THE PROTECTION OF THE PUBLIC

19. The authority citation for Part 540 is revised to read as

follows:

Authority: 5 U.S.C. 552, 553; 31 U.S.C. 9701; secs. 2 and 3,

Public Law 89-777, 80 Stat. 1356-1358 (46 U.S.C. app. 817e, 817d);

sec. 43 of the Shipping Act, 1916 (46 U.S.C. app. 841a); sec. 17 of

the Shipping Act of 1984 (46 U.S.C. 1716).

Subpart A--Proof of Financial Responsibility, Bonding and

Certification of Financial Responsibility for Indemnification of

Passengers for Nonperformance of Transportation

20. The last sentence in Sec. 540.4(b) is revised to read as

follows:

Sec. 540.4 Procedure for establishing financial responsibility.

* * * * *

(b) * * * An application for a Certificate (Performance) shall be

accompanied by a filing fee remittance of $1,874.

* * * * *

Subpart B--Proof of Financial Responsibility, Bonding and

Certification of Financial Responsibility to Meet Liability

Incurred for Death or Injury to Passengers or Other Persons on

Voyages

21. The last sentence of section 540.23(b) is revised to read as

follows:

Sec. 540.23 Procedure for establishing financial responsibility.

* * * * *

(b) * * * An application for a Certificate (Casualty) shall be

accompanied by a filing fee remittance of $830.

* * * * *

PART 583--SURETY FOR NON-VESSEL-OPERATING COMMON CARRIERS

22. The authority citation for Part 583 is revised 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.

23. A new paragraph (d) is added to section 583.7 to read as

follows:

Sec. 583.7 Proof of compliance.

* * * * *

(d) The fee for providing the list of tariffed and bonded NVOCCs

referred to in paragraph (b)(1) of this section is $122. The list is

available in several forms: hard paper copy, diskette, or tape.

By the Commission.

Joseph C. Polking,

Secretary.

Appendix A to the Proposed Rule

Indirect Cost Calculations

[Applied to Direct Cost]

A. Government Overhead Costs

Fringe benefits and

other wage-related

government

contributions from

OMB Circular A-76:

Leave and

Holidays...... 19.70%

Retirement..... 21.70%

Workmen's Comp.

Awards........ 1.70%

Health, Life

Insurance..... 4.70%

Medicare....... 1.45%

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Total........ 49.25%

B. Commission General and Administrative

Expenses allocated

to the offices of

the Commissioners,

Managing Director,

General Counsel,

and Bureau of

Administration (FY

1994 amounts from

FY 1995 OMB

Budget):

1. Personnel

Costs......... $4,155,500

2. Rent,

Communications

and Utilities. 1,009,468

3. Annual

Report........ 3,000

4. Data

Information... 20,000

5. Printing.... 9,619

6. Equipment

Maintenance... 24,878

7. Leasehold

Improvements.. 20,000

8. Supplies and

Materials..... 43,784

9. ADP Supplies 7,297

10. Furniture &

Equipment..... 9,288

11. Postage.... 16,790

12. Fiscal

Services...... 24,878

13. Health

Services...... 8,127

14. Protective

Services...... 32,122

15. Duplicating

Supplies...... 7,982

16. Travel..... 42,000

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Total........ $5,434,733

Calculation of

overhead

percentage:

Commiss

ion

G&AAge

ncy Funding=.. % Overhead

Total

Agency Funding

for FY 1994... $18,900,000

Commiss

ion G&A....... 5,434,733

Overhea

d Percentage

($5,434,733Overhea

d

ExpensesFunding

for Bureaus/

Offices (FY

1994 amounts

from FY 1995

OMB Budget):..

Secretary.. $910,000

Trade

Monitoring

and

Analysis.. 1,846,000

Tariffs,

Certificat

ion and

Licensing. 2,730,000

----------------------------------------

Total...... 5,486,000

Office

G&A:.......... $1,179,101

Overhea

d Percentage

($1,179,101<di

v$5,486,000).. 21.49%

D. Total Indirect Cost Factor (Sum of A Through C)

A. Government

Overhead Costs.... 49.25%

B. Commission

General and

Administrative.... 28.76%

C. Office General

and Administrative 21.49%

----------------------------------------

Total........ 99.50%

Appendix B to the Proposed Rule

Federal Maritime Commission

[Summary of Revised Fees]

------------------------------------------------------------------------

CFR citation and application

or service Current fee Proposed fee

------------------------------------------------------------------------

Part 502--Rules of Practice and Procedure

502.68(a)(3) $50 $162

502.69(b)Petitions.

502.92(a)(3)Special Dockets. $25 $86

502.62(f) 502.182Formal $50 $166

Complaints.

502.304(b)Informal $25 $68

Complaints.

502.404(a)Conciliation $25 $61

Services.

Part 503--Public Information

503.43(c):

Document Search....... $11/$23 @ hr. $15/$30 @ hr.

Min. Charge........... $11 $15

FOIA Review........... $38 @ hr. $63 @ hr.

Copying by Commission $11 @ hr. $15 @ hr.

Staff.

503.43(c) $5 @ cert. $70 @ cert.

503.69(b)(2)Document

Certification.

503.43(d)Annual

Subscriptions:

(1) Orders, notices, $195 $278

etc., all docketed

proceedings.

(2) Final Decisions Only $120 $223

(3)(i) Rules, Initial $16.50 $83

Set.

(3)(ii) Rules, $8.25 $7

Amendments.

503.43(e)Mailing List....... $3 $7

503.43(f)Rules of Practice

Procedure:

Initial Set............. $4.25 $9

Amendments.............. $4 $7

503.43(g)Non-Attorney $13 $77

Admission to Practice

Before Commission.

503.69(b)(1)Copying......... $0.30 @ page $0.05 @ page.

Part 510--Licensing of Ocean Freight Forwarders

510.12(b)Application for $350 $687

License.

510.14(b)Supplementary $100 $213

Investigation.

510.14(e)Status Changes..... $100 $365

Part 514--Tariffs and Service Contracts

514.21(c):

ATFI Registration....... $100 $162

Registration Changes.... $25 $136

514.21(e)(1)Certification of $200 $359

Software.

514.21(f)Special Permission $100 $146

Applications.

514.21(j)ATFI Database

Tapes:

Initial Set............. $300 $336

Daily Updates........... $25 $61

Weekly Updates.......... $50 $86

Monthly Updates......... $100 $136

514.(k)Miscellaneous Tapes.. $25 $61

Part 540--Security for the Protection of the

Public

540.4(b)Certificate $1,600 $1,874

(Performance).

540.23(b)Certificate $800 $830

(Casualty).

Part 583--Surety for Non-Vessel-Operating Common

Carriers

583.7NVOCC Listing.......... Varied $122

------------------------------------------------------------------------

[FR Doc. 94-18380 Filed 7-27-94; 8:45 am]

BILLING CODE 6730-01-W