Reorganization of Enforcement Components

FEDERAL MARITIME COMMISSION

46 CFR Parts 501, 502, 514 and 583

Reorganization of Enforcement Components

AGENCY: Federal Maritime Commission.

ACTION: Final rule.

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SUMMARY: The Federal Maritime Commission is amending its rules to

reflect the establishment of the Bureau of Enforcement and the

replacement of its District Offices with Area Representatives.

EFFECTIVE DATE: October 1, 1996.

FOR FURTHER INFORMATION CONTACT:

Vern W. Hill, Director, Bureau of Enforcement, Federal Maritime

Commission, 800 North Capitol Street, NW., Washington, DC 20573, (202)

523-5783.

SUPPLEMENTARY INFORMATION: The Federal Maritime Commission is amending

various provisions of Part 500 to end of Title 46 of the Code of

Federal Regulations to reflect the reorganization of its enforcement

components, which includes the consolidation of the Bureau of Hearing

Counsel and the Bureau of Investigations into a new Bureau of

Enforcement and the replacement of its District Offices with individual

Area Representatives. Notice and public comment are not necessary prior

to the issuance of this rule because it deals solely with matters of

agency organization. Neither is a delayed effective date required. This

action does not affect the substantive duties and functions of the

Commission's enforcement components.

List of Subjects

46 CFR Part 501

Administrative practice and procedure, Authority delegations,

Organization and functions, Seals and insignia.

46 CFR Part 502

Administrative practice and procedure, Claims, Equal access to

justice, Investigations, Lawyers, Reporting and recordkeeping

requirements.

46 CFR Part 514

Freight, Harbors, Maritime carriers, Reporting and recordkeeping

requirements.

46 CFR Part 583

Freight, Maritime carriers, Reporting and recordkeeping

requirements, Surety bonds.

Title 46 of the Code of Federal Regulations is amended as follows:

PART 501--THE FEDERAL MARITIME COMMISSION--GENERAL

1. The authority citation for Part 501 continues to read as

follows:

Authority: 5 U.S.C. 551-557, 701-706, 2903 and 6304; 31 U.S.C.

3721; 41 U.S.C. 414 and 418; 44 U.S.C. 501-520 and 3501-3520; 46

U.S.C. app. 801-848, 876, 1111, and 1701-1720; Reorganization Plan

No. 7 of 1961, 26 FR 7315, August 12, 1961; Pub. L. 89-56, 79 Stat.

195; 5 CFR Part 2638.

2. Section 501.3(l) is revised to read as follows:

[[Page 51231]]

Sec. 501.3 Organizational components of the Federal Maritime

Commission.

* * * * *

(l) Bureau of Enforcement.

* * * * *

Section 501.4(c) is revised to read as follows:

Sec. 501.4 Lines of Responsibility.

* * * * *

(c) Bureau of Enforcement and Area Representatives. The Area

Representatives report to the Director, Bureau of Enforcement.

4. Section 501.5(i) introductory paragraph and (i)(6) introductory

text are revised to read:

Sec. 501.5 Functions of the organizational components of the Federal

Maritime Commission.

* * * * *

(i) Bureau of Enforcement; Area Representatives. Under the

direction and management of the Bureau Director, the Bureau of

Enforcement:

* * * * *

(6) Maintains a presence in locations other than Washington, D.C.

through Area Representatives whose activities include the following:

* * * * *

5. Section 501.28(b) is revised to read:

Sec. 501.28 Delegation to the Director, Bureau of Enforcement.

* * * * *

(b) Authority to approve administrative leave for Area

Representatives.

6. In section 501.41 paragraph (a) is amended by removing the words

``District Offices'' and adding in their place the words ``Area

Representatives,'' and paragraph (d) is revised to read as follows:

Sec. 501.41 Public requests for information and decisions.

* * * * *

(d) The Area Representatives will provide information and decisions

to the public within their geographic areas, or will expedite the

obtaining of information and decisions from headquarters. The addresses

of these Area Representatives are as follows. Further information on

Area Representatives, including Internet E-mail addresses, can be

obtained on the Commission's home page on the World Wide Web at

``www.fmc.gov.''

Los Angeles

Los Angeles Area Representative, U.S. Customs House Building, P.O. Box

3164, 300 S. Ferry Street, Room 1018, Terminal Island Station, San

Pedro, CA 90731

Miami

Miami Area Representative, Customs Management Center, 909 SE, 1st Ave.,

Room 736, Miami, FL 33131

New Orleans

New Orleans Area Representative, U.S. Customs House, 423 Canal Street,

Room 303, New Orleans, LA 70130

Seattle

Seattle Area Representative, U.S. Customs, 3236 16th Ave., SW, Seattle,

WA 98134

North Atlantic

North Atlantic Area Representative, Federal Maritime Commission, 800

North Capitol Street, NW., Suite 928, Washington, DC 20573

* * * * *

7. Appendix A to Part 501, Federal Maritime Commission Organization

Chart, is revised to read as follows:

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PART 502--RULES OF PRACTICE AND PROCEDURES

8. The authority citation for Part 502 is revised to read as

follows:

Authority: 5 U.S.C. 504, 551, 552, 553, 556(c), 559, 561-569,

571-596; 12 U.S.C. 1141j(a); 18 U.S.C. 207; 26 U.S.C. 501(c)(3); 28

U.S.C. 2112(a); 31 U.S.C. 9701; 46 U.S.C. app. 817, 820, 821, 826,

841a, 1114(b), 1705, 1707-1711, 1713-1716; E.O. 11222 of May 8, 1965

(30 FR 6469); 21 U.S.C. 853a; and Pub. L. 88-777 (46 U.S.C. app.

817d, 817e).

9. Section 502.42 is revised to read as follows:

Sec. 502.42 Bureau of Enforcement.

The Director, Bureau of Enforcement, shall be a party to all

proceedings governed by the rules in this part, except that in

complaint proceedings under Sec. 502.62, the Director may become a

party only upon leave to intervene granted pursuant to Sec. 502.72, and

in rulemaking proceedings, the Director may become a party by

designation, if the Commission determines that the circumstances of the

proceeding warrant such participation. The Director or the Director's

representative shall be served with copies of all papers, pleadings,

and documents in every proceeding in which the Bureau of Enforcement is

a party. The Bureau of Enforcement shall actively participate in any

proceeding to which the Director is a party, to the extent required in

the public interest, subject to the separation of functions required by

section 5(c) of the Administrative Procedure Act. (See Sec. 502.224.)

[Rule 42.]

Sec. 502.68 [Amended]

In Sec. 502.68, Declaratory orders and fee, paragraph (f)(1) is

amended by removing the words ``Hearing Counsel'' and adding in their

place the word ``Enforcement''.

Sec. 502.221 [Amended]

11. In Sec. 502.221, Briefs; requests for findings, paragraph (c)

is amended by removing the words ``Hearing Counsel'' and adding in

their place the words ``the Bureau of Enforcement''.

Sec. 502.604 [Amended]

12. In Sec. 502.604, Compromise of penalties; Relation to

assessment proceedings, paragraph (g) is amended by removing the words

``Hearing Counsel'' and adding in their place the word ``Enforcement''.

Appendix A to Subpart W--[Amended]

13. In Appendix A to Subpart W--Example of Compromise Agreement,

paragraph 2 is amended by removing the words ``Hearing Counsel'' and

adding in their place the word ``Enforcement'' and The Approval and

Acceptance clause is amended by removing the words ``Hearing Counsel''

and adding in their place the word ``Enforcement''.

PART 514--TARIFFS AND SERVICE CONTRACTS

14. The authority citation for Part 514 continues to read as

follows:

Authority: 5 U.S.C. 552 and 553; 31 U.S.C. 9701; 46 U.S.C. app.

804, 812, 814-817(a), 820, 833a, 841a, 843, 844, 845, 845a, 845b,

847, 1702-1712, 1714-1716, 1718, 1721 and 1722; and sec. 2(b) of

Pub. L. 101-92, 103 Stat. 601.

15. Section 514.7(m)(3) is revised to read:

Sec. 514.7 Service contracts in foreign commerce.

* * * * *

(m) * * *

(3) Production for audit within 30 days of request. Every common

carrier or conference shall, upon written request of the FMC's

Director, Bureau of Enforcement or any Area Representative, submit

requested service contract records within 30 days from the date of the

request.

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

16. The authority citation for Part 583 continues to read as

follows:

Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 46 U.S.C. app. 1702,

1707, 1709, 1710-1712, 1716, and 1721.

Sec. 583.4 [Amended]

17. In Sec. 583.4 Finanical responsibility requirements, the

undesignated paragraph following paragraph (d)(6)(ii), is amended by

removing the words ``other Commission's district offices located in New

York, NY; New Orleans, LA; San Francisco, CA; Hato Rey, PR; Los

Angeles, CA; Miami, FL; and Houston, TX'' and adding in their place the

words ``Area Representative listed at 46 CFR 501.41(d)''.

By the Commission.

Joseph C. Polking,

Secretary.

[FR Doc. 96-25061 Filed 9-30-96; 8:45 am]

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