Amendments to Regulations Governing Employee Ethical Conduct Standards, the Federal Maritime CommissionGeneral, Public Information, Environmental Policy Analysis, Monetary Penalty Inflation Adjustments, Nondiscrimination on the Basis of Handicap, Passenger Vessel Financial Responsibility, and Certification of Policies and Efforts To Combat Rebating

Federal RegisterMay 3, 1999

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FEDERAL MARITIME COMMISSION

46 CFR Parts 500, 501, 503, 504, 506, 507, 508, 540 and 582

[Docket No. 99-09]

Amendments to Regulations Governing Employee Ethical Conduct

Standards, the Federal Maritime Commission--General, Public

Information, Environmental Policy Analysis, Monetary Penalty Inflation

Adjustments, Nondiscrimination on the Basis of Handicap, Passenger

Vessel Financial Responsibility, and Certification of Policies and

Efforts To Combat Rebating

AGENCY: Federal Maritime Commission.

ACTION: Final rule.

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SUMMARY: The Federal Maritime Commission is amending its regulations

relating to agency organization, public information, procedures for

environmental policy analysis, civil monetary penalty inflation

adjustments, nondiscrimination on the basis of handicap, passenger

vessel operations, and anti-rebating certifications, and is

redesignating its regulation relating to employee ethical conduct

standards, in order to incorporate certain amendments made by the Ocean

Shipping Reform Act of 1998 as well as to clarify and reorganize

existing regulations.

DATES: This rule is effective May 1, 1999.

FOR FURTHER INFORMATION CONTACT: Thomas Panebianco, General Counsel,

Federal Maritime Commission, 800 North Capitol Street, N.W.,

Washington, D.C. 20573-0001, (202) 523-5740.

SUPPLEMENTARY INFORMATION: The Ocean Shipping Reform Act of 1998

(``OSRA''), Public Law 105-258, 112 Stat. 1902, amends the Shipping Act

of 1984 (``1984 Act'') in several areas. The Commission's rules at 46

CFR Parts 500, 501, 503, 504, 506, and 507 address employee ethical

conduct standards, the organization of the Commission, public

information, environmental policy analysis, civil monetary inflation

adjustment, and nondiscrimination on the basis of handicap. The

Commission's rules at 46 CFR Part 540 address passenger vessel

financial responsibility, and the rules at 46 CFR Part 582 address

anti-rebating certifications. The Commission now amends these rules

both to make certain changes required by OSRA and to update,

redesignate, and clarify the rules more generally. Because the changes

made in this proceeding are routine and ministerial in nature, this

rulemaking is published as a final rulemaking as to which no notice and

comment period is necessary.

Redesignation of Former 46 CFR Part 500

The Commission's regulations at 46 CFR part 500 address employee

ethical conduct standards. The rule redesignates former part 500 as

part 508.

Amendments to 46 CFR Part 501

OSRA amended Reorganization Plan No. 7 of 1961, 75 Stat. 840, to

change the Commission's quorum requirements. Accordingly, the

Commission has determined to amend 46 CFR 501.2(d) to track the new

statutory language.

Amendments to 46 CFR Part 503

The Commission's regulations at 46 CFR part 503 address access to

public information. OSRA's elimination of tariff filing with the

Commission has rendered unnecessary those portions of 46 CFR 514

relating to fees for the provision of copies of tariffs. See 46 CFR

514.21. While tariffs will no longer be filed with the Commission, the

[[Page 23546]]

Commission has determined to provide public access to historical tariff

records. Accordingly, we have removed from part 503 the references to

part 514 involving public access to information, but have included

reference to public access to historical ATFI records. We have also

added, at 46 CFR 503.24, two entries to the list of information

available over the internet, to include a list of the location of

common carrier and conference tariffs and marine terminal operator

schedules, as well as a list of ocean transportation intermediaries who

have provided the Commission with evidence of their financial

responsibility.

Also, Subpart F--Information Security Program of Part 503, is

revised to implement changes required by Executive Order 12958 of April

17, 1995, ``Classified National Security Information'' and Executive

Order 12968 of August 2, 1995 ``Access to Classified Information.''

Changes are primarily to remove references to Executive Order 12356 of

April 6, 1982, which was revoked by Executive Order 12958, and to keep

pace with the requirements of the National Archives and Records

Administration, 32 CFR Part 2001, made pursuant to Executive Order

12958.

Finally, in section 503.71(c), we have amended the Commission's

definition of the term ``meeting,'' to reflect changes in the

Commission's quorum rules prescribed by OSRA. Several other changes

have been made to Part 503 that are of a purely ministerial nature.

Amendments to 46 CFR Part 504

This part addresses the Commission's procedures for environmental

policy analysis. We have removed references to the Shipping Act, 1916,

in the Authority citation, in 504.1, and in 504.2, because that Act, to

the extent it involved the Commission's jurisdiction, has been

repealed. We have redefined ``marine terminal operator'' in 504.2

pursuant to changes required by OSRA. We have updated the Commission's

address in 504.3. We have deleted categorical exclusions (a)(5) and

(a)(7) in 504.4 pursuant to OSRA, and amended (a)(6) to reflect the

recently proposed redesignation of part 514 as part 520. Throughout the

part, we removed references to the Office of Environmental Analysis,

which no longer exists, and have indicated that for the purposes of

part 504, the term ``Commission'' includes any office or bureau to

which the Commission may delegate its environmental policy analysis

responsibilities.

Amendments to 46 CFR Part 506

This part addresses civil monetary penalty inflation adjustments.

Pursuant to OSRA, we removed the penalty for failure to pay ATFI fees,

and removed the penalty for failure to file an anti-rebate

certification. We also added the suspension of service contracts as a

penalty under the Merchant Marine Act of 1920 as amended by OSRA.

Amendment to 46 CFR Part 507

This part addresses the Commission's enforcement of

nondiscrimination on the basis of handicap. Section 507.170(b) is

amended to correct a citation error. Section 507.170(c) is updated to

reflect the Commission's current street address.

Amendments to 46 CFR Part 540

This part addresses the financial responsibility of passenger

vessel operators. The Commission has decided to clarify the regulation

by renaming it ``Passenger Vessel Financial Responsibility,'' to

replace its old title, ``Security for the Protection of the Public.''

The Commission has also removed an outdated reference in the authority

section of the rule to the Shipping Act, 1916, which, to the extent it

involved the Commission's jurisdiction, has been repealed.

Removal of 46 CFR Part 582

This part addresses the requirements that govern the submission of

anti-rebating certifications by common carriers and other entities in

the foreign commerce of the United States. Such certifications were

based upon the statutory authority of section 15(b) of the Shipping Act

of 1984. However, OSRA has eliminated section 15(b); accordingly, the

Commission has determined to remove 46 CFR part 582 from its

regulations.

List of Subjects

46 CFR Parts 500 and 508

Conflicts of interest.

46 CFR Part 501

Authority delegations, Organization and functions.

46 CFR Part 503

Classified information, Freedom of information, Privacy, Sunshine

act.

46 CFR Part 504

Environmental impact statements, Reporting and recordkeeping

requirements.

46 CFR Part 506

Fines and penalties.

46 CFR Part 507

Blind, Civil rights, Deaf, Disabled, Discrimination against

handicapped, Equal employment opportunity, Federal buildings and

facilities, Handicapped, Nondiscrimination.

46 CFR Part 540

Insurance, Maritime carriers, Penalties, Reporting and

recordkeeping requirements, Surety bonds.

46 CFR Part 582

Maritime carriers, Penalties, Reporting and recordkeeping

requirements.

For the reasons set out in the preamble, the Commission amends 46

CFR parts 500, 501, 503, 504, 506, 507, 508, 540, and 582 as follows:

PART 500--EMPLOYEE ETHICAL CONDUCT STANDARDS AND FINANCIAL

DISCLOSURE REGULATIONS

1. The authority citation continues to read as follows:

Authority: 5 U.S.C. 553; 5 U.S.C. 7301; 46 U.S.C. app. 1716

2. Redesignate part 500 as part 508.

PART 501--THE FEDERAL MARITIME COMMISSION--GENERAL

1. The authority citation 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. Revise Sec. 501.2(d) to read as follows:

Sec. 501.2 General.

* * * * *

(d) 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.

PART 503--PUBLIC INFORMATION

1. The authority citation continues to read as follows:

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

12958 of April 20, 1995 (60 FR 19825), sections 5.2(a) and (b).

[[Page 23547]]

2. Remove Sec. 503.11(b) and (c), redesignate paragraph (a)

introductory text as the section's introductory text, redesignate

paragraphs (a)(1) through (a)(5) as paragraphs (a) through (e), and

revise the introductory text to read as follows:

Sec. 503.11 Materials to be published.

The Commission shall publish the following materials in the Federal

* * * * *

3. Revise Sec. 503.22(b) to read as follows:

Sec. 503.22 Records available at the Office of the Secretary.

* * * * *

(b) Certain fees may be assessed for duplication of records made

available by this section as prescribed in subpart E of this part.

4. In Sec. 503.23, remove paragraph (a)(3) and redesignate

paragraphs (a)(4) and (a)(5) as (a)(3) and (a)(4), and revise

redesignated paragraph (a)(3) and paragraph (b) to read as follows:

Sec. 503.23 Records available upon written request.

(a) * * *

(3) Tariff data filed in the Commission's ATFI system prior to May

1, 1999.

* * * * *

(b) Certain fees may be assessed for duplication of records made

available by this section as prescribed in subpart E of this part.

5. In Sec. 503.24, revise paragraph (b)(5)(iii), revise paragraph

(b)(10), and add paragraphs (b)(11) and (b)(12) to read as follows:

Sec. 503.24 Information available via the internet.

* * * * *

(b) * * *

(5) * * *

(iii) Access to statements of policy and interpretations as

published in part 545 of this chapter; and

* * * * *

(10) Privacy Act information;

(11) Lists of the location of all common carrier and conference

tariffs and publicly available terminal schedules of marine terminal

operators; and

(12) A list of licensed ocean transportation intermediaries which

have furnished the Commission with evidence of financial

responsibility.

* * * * *

6. Revise Sec. 503.51 to read as follows:

Sec. 503.51 Definitions.

(a) Access means the ability or opportunity to gain knowledge of

classified information.

(b) Classification means the act or process by which information is

determined to be classified information.

source that prescribes the classification of specific information

issued by an original classification authority that identifies the

elements of information regarding a specific subject that must be

classified and establishes the level and duration of classification for

each such element.

(d) Classified national security information (hereafter

``classified information'') means information that has been determined

pursuant to Executive Order 12958 or any predecessor order in force to

require protection against unauthorized disclosure and is marked to

indicate its classified status when in documentary form.

(e) Commission means the Federal Maritime Commission.

(f) Declassification means the authorized change in the status of

information from classified information to unclassified information.

(g) Derivative classification means the incorporating,

paraphrasing, restating or generating in new form information that is

already classified, and marking the newly developed material consistent

with the classification markings that apply to the source information.

Derivative classification includes the classification of information

based on classification guidance. The duplication or reproduction of

existing classified information is not derivative classification.

(h) Downgrading means a determination by a declassification

authority that information classified and safeguarded at a specified

level shall be classified and safeguarded at a lower level.

(i) Foreign government information means:

(1) Information provided to the United States Government by a

foreign government or governments, an international organization of

governments, or any element thereof, with the expectation that the

information, the source of the information, or both, are to be held in

confidence;

(2) Information produced by the United States pursuant to or as a

result of a joint arrangement with a foreign government or governments,

or an international organization of governments, or any element

thereof, requiring that the information, the arrangement, or both, are

to be held in confidence; or

(3) information received and treated as ``Foreign Government

Information'' under the terms of Executive Order 12958 or any

predecessor order.

(j) Mandatory declassification review means the review for

declassification of classified information in response to a request for

declassification that meets the requirements under section 3.6 of

Executive Order 12958.

(k) Multiple sources means two or more source documents,

classification guides, or a combination of both.

(l) National security means the national defense or foreign

relations of the United States.

(m) Need to know means a determination made by an authorized holder

of classified information that a prospective recipient requires access

to specific classified information in order to perform or assist in a

lawful and authorized governmental function.

(n) Original classification means an initial determination that

information requires, in the interest of national security, protection

against unauthorized disclosure.

(o) Original classification authority means an individual

authorized in writing, either by the President, or by agency heads or

other officials designated by the President, to classify information in

the first instance.

(p) Self-inspection means the internal review and evaluation of

individual Commission activities and the Commission as a whole with

respect to the implementation of the program established under

Executive Order 12958 and its implementing directives.

(q) Senior agency official (``security officer'') means the

official designated by the Chairman under section 5.6 of Executive

Order 12958 to direct and administer the Commission's program under

which classified information is safeguarded.

(r) Source document means an existing document that contains

classified information that is incorporated, paraphrased, restated, or

generated in new form into a new document.

(s) Unauthorized disclosure means a communication or physical

transfer of classified information to an unauthorized recipient.

7. Revise Sec. 503.52 to read as follows:

Sec. 503.52 Senior Agency Official.

The Chairman of the Commission shall designate a senior agency

official to be the Security Officer for the Commission, who shall be

responsible for directing, administering and

[[Page 23548]]

reporting on the Commission's information security program, which

includes oversight (self-inspection) and security information programs

to ensure effective implementation of Executive Orders 12958 and 12968,

and 32 CFR part 2001.

8. Amend Sec. 503.53 to revise paragraphs (a) and (d) to read as

follows:

Sec. 503.53 Oversight Committee.

* * * * *

(a) Establish a Commission security education program to

familiarize all personnel who have or may have access to classified

information with the provisions of Executive Order 12958 and directives

of the Information Security Oversight Office. The program shall include

initial, refresher, and termination briefings;

* * * * *

(d) Recommend appropriate administrative action to correct abuse or

violations of any provision of Executive Order 12958; and

* * * * *

9. Amend Sec. 503.54 to revise paragraphs (a) and (b) to read as

follows:

Sec. 503.54 Original classification.

(a) No Commission Member or employee has the authority to

originally classify information.

(b) If a Commission Member or employee develops information that

appears to require classification, or receives any foreign government

information as defined in section 1.1(d) of Executive Order 12958, the

Member or employee shall immediately notify the Security Officer and

appropriately protect the information.

* * * * *

10. Amend Sec. 503.55 to revise paragraphs (a), (b) and (c) and

delete paragraph (d) to read as follows:

Sec. 503.55 Derivative classification.

(a) In accordance with Part 2 of Executive Order 12958 and

directives of the Information Security Oversight Office, the

incorporation, paraphrasing, restating or generation in new form of

information that is already classified, and the marking of newly

developed material consistent with the classification markings that

apply to the source information, is derivative classification.

(1) Derivative classification includes the classification of

information based on classification guidance.

(2) The duplication or reproduction of existing classified

information is not derivative classification.

(b) Members or employees applying derivative classification

markings shall:

(1) Observe and respect original classification decisions; and

(2) Carry forward to any newly created documents the pertinent

classification markings.

(3) For information derivatively classified based on multiple

sources, the Member or employee shall carry forward:

(i) The date or event for declassification that corresponds to the

longest period of classification among the sources; and

(ii) A listing of these sources on or attached to the official file

or record copy.

prescribed by 32 CFR 2001.20 through 2001.23 and shall otherwise

conform to the requirements of 32 CFR 2001.20 through 2001.23.

11. Amend Sec. 503.56 to revise the section heading and the first

sentence of paragraph (a) to read as follows:

Sec. 503.56 General declassification and downgrading policy.

(a) The Commission exercises declassification and downgrading

authority in accordance with section 3.1 of Executive Order 12958, only

over that information originally classified by the Commission under

previous Executive orders. * * *

* * * * *

12. Amend Sec. 503.57 to revise paragraphs (a) introductory text,

(a)(1), (c), (e), and (i), and add paragraph (j), to read as follows:

Sec. 503.57 Mandatory review for declassification.

(a) Information originally classified by the Commission but which

has not been automatically declassified shall be subject to a review

for declassification by the Commission, if:

(1) A declassification request is made; and

* * * * *

Commission, fair and equitable fees may be charged pursuant to 31

U.S.C. 9701.

* * * * *

(e) If the information was originally classified by the Commission,

the Commission Security Officer shall forward the request to the

Chairman of the Commission for a determination of declassification. If

the information was originated by another agency, the Commission

Security Officer shall refer the review and the pertinent records to

the originating agency. The final determination will be issued within

180 days of the receipt of the request.

* * * * *

(i) In response to a request for information under the Freedom of

Information Act, the Privacy Act of 1974, or the mandatory review

provisions of Executive Order 12958, the Commission shall refuse to

confirm or deny the existence or non-existence of requested information

whenever the fact of its existence or non-existence is itself

classifiable under Executive Order 12958.

(j) When a request has been submitted both under mandatory review

and the Freedom of Information Act (FOIA), the requester must elect one

process or the other. If the requester fails to so elect, the request

will be treated as a FOIA request unless the requested materials are

subject only to mandatory review.

* * * * *

13. Amend Sec. 503.58 to revise paragraph (c) to read as follows:

Sec. 503.58 Appeals of denials of mandatory declassification review

requests.

* * * * *

CFR 2001.54, within 60 days of such issuance, the requester may appeal

a final determination of the Commission under paragraph (b) of this

section to the Interagency Security Classification Appeals Panel. The

appeal should be addressed to, Executive Secretary, Interagency

Security Classification Appeals Panel, Attn: Classification Challenge

Appeals, c/o Information Security Oversight Office, National Archives

and Records Administration, 7th and Pennsylvania Avenue, N.W., Room 5W,

Washington DC 20408.

14. Revise Sec. 503.59 paragraphs (d), (e) introductory text,

(g)(2), (h), and (q)(1),(2) and (3), to read as follows:

Sec. 503.59 Safeguarding classified information.

* * * * *

(d) Classified information shall be made available to a recipient

only when the authorized holder of the classified information has

determined that:

(1) The prospective recipient has a valid security clearance at

least commensurate with the level of classification of the information;

and

(2) The prospective recipient requires access to the information in

order to perform or assist in a lawful and authorized governmental

function.

(e) The requirement in paragraph (d)(2) of this section, that

access to classified information may be granted only to individuals who

have a need-to-know the information, may be waived for persons who:

* * * * *

(g)* * *

[[Page 23549]]

(2) To protect the classified information in accordance with the

provisions of Executive Order 12958; and

* * * * *

(h) Except as authorized by the originating agency, or otherwise

provided for by directives issued by the President, the Commission

shall not disclose information originally classified by another agency.

* * * * *

(q)* * *

(1) Knowingly, willfully, or negligently disclose to unauthorized

persons information properly classified under Executive Order 12958 or

predecessor orders in force;

(2) Knowingly and willfully classify or continue the classification

of information in violation of Executive Order 12958 or any

implementing directive; or

(3) Knowingly and willfully violate any other provision of

Executive Order 12958 or implementing directive.

* * * * *

15. Revise Sec. 503.71(c) introductory text to read as follows:

Sec. 503.71 Definitions.

* * * * *

serving on the agency which determine or result in the joint conduct of

or disposition of official agency business, but does not include:

* * * * *

16. Revise Sec. 503.86(b) to read as follows:

Sec. 503.86 Public access to records.

* * * * *

(b) Requests for access to the records described in this section

shall be made in accordance with procedures described in subparts C and

D of this part.

* * * * *

PART 504--PROCEDURES FOR ENVIRONMENTAL POLICY ANALYSIS

1. The authority citation for part 504 is revised to read as

follows:

Authority: 5 U.S.C. 552, 553; 46 U.S.C. app. 1712 and 1716; 42

U.S.C. 4332(2)(b), and 42 U.S.C. 6362.

2. Revise Sec. 504.1(c) to read as follows:

Sec. 504.1 Purpose and scope.

* * * * *

to assess potential environmental impacts of proposed Federal Maritime

Commission actions. Compliance is voluntary but may be made mandatory

by Commission order to produce the information pursuant to section 15

of the Shipping Act of 1984. The penalty for violation of a Commission

order under section 13 of the Shipping Act of 1984 may not exceed

$5,000 for each violation, unless the violation was willfully and

knowingly committed, in which case the amount of the civil penalty may

not exceed $25,000 for each violation, as adjusted by Sec. 506.4 of

this chapter. (Each day of a continuing violation constitutes a

separate offense.)

3. Revise Sec. 504.2 paragraphs (a), (b), (h), and (i) to read as

follows:

Sec. 504.2 Definitions.

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

app. 1701--1720).

(b) Common carrier means any common carrier by water as defined in

section 3 of the Shipping Act of 1984, including a conference of such

carriers.

* * * * *

(h) Marine Terminal Operator means a person engaged in the United

States in the business of furnishing wharfage, dock, warehouse or other

terminal facilities in connection with a common carrier, or in

connection with a common carrier and a water carrier subject to

subchapter II of chapter 135 of Title 49, United States Code.

(i) Commission means the Federal Maritime Commission, including any

office or bureau to which the Commission may delegate its environmental

policy analysis responsibilities.

4. Revise Sec. 504.3 to read as follows:

Sec. 504.3 General information.

(a) All comments submitted pursuant to this part shall be addressed

to the Secretary, Federal Maritime Commission, 800 North Capitol

Street, N.W., Washington, D.C. 20573-0001.

(b) A list of recent Commission actions, if any, for which a

finding of no significant impact has been made or for which an

environmental impact statement is being prepared will be maintained by

the Commission in the Office of the Secretary and will be available for

public inspection.

other elements of the NEPA process can be obtained from the Secretary,

Federal Maritime Commission, 800 North Capitol Street, N.W.,

Washington, D.C. 20573-0001.

5. In Sec. 504.4, remove and reserve paragraph (a)(7), revise

paragraphs (a)(1), (a)(3), (a)(5), (a)(6), (a)(19), (b), and (c) to

read as follows:

Sec. 504.4 Categorical exclusions.

(a) * * *

(1) Issuance, modification, denial and revocation of ocean

transportation intermediary licenses.

(2) * * *

(3) Receipt of surety bonds submitted by ocean transportation

intermediaries.

(4) * * *

(5) Receipt of service contracts.

(6) Consideration of special permission applications pursuant to

part 520 of this chapter.

(7) [Reserved]

* * * * *

(19) Action taken on special docket applications pursuant to

Sec. 502.271 of this chapter.

* * * * *

(b) If interested persons allege that a categorically-excluded

action will have a significant environmental effect (e.g., increased or

decreased air, water or noise pollution; use of recyclables; use of

fossil fuels or energy), they shall, by written submission to the

Secretary, explain in detail their reasons. The Secretary shall refer

these submissions for determination by the appropriate Commission

official, not later than ten (10) days after receipt, whether to

prepare an environmental assessment. Upon a determination not to

prepare an environmental assessment, such persons may petition the

Commission for review of the decision within ten (10) days of receipt

of notice of such determination.

otherwise categorically excluded offers a reasonable potential of

having a significant environmental impact, an environmental assessment

shall be prepared pursuant to Sec. 504.5.

6. Revise Sec. 504.5(b) to read as follows:

Sec. 504.5 Environmental assessments.

* * * * *

(b) A notice of intent to prepare an environmental assessment

briefly describing the nature of the potential or proposed action and

inviting written comments to aid in the preparation of the

environmental assessment and early identification of the significant

environmental issues may be published in the Federal Register. Such

comments must be received by the Commission no later than ten (10) days

from the date of publication of the notice in the Federal Register.

7. Revise Sec. 504.6 to read as follows:

Sec. 504.6 Finding of no significant impact.

(a) If upon completion of an environmental assessment, it is

determined that a potential or proposed action will not have a

significant impact on the quality of the human

[[Page 23550]]

environment of the United States or of the global commons, a finding of

no significant impact shall be prepared and notice of its availability

published in the Federal Register. This document shall include the

environmental assessment or a summary of it, and shall briefly present

the reasons why the potential or proposed action, not otherwise

excluded under Sec. 504.4, will not have a significant effect on the

human environment and why, therefore, an environmental impact statement

(EIS) will not be prepared.

(b) Petitions for review of a finding of no significant impact must

be received by the Commission within ten (10) days from the date of

publication of the notice of its availability in the Federal Register.

The Commission shall review the petitions and either deny them or order

prepared an EIS pursuant to Sec. 504.7. The Commission shall, within

ten (10) days of receipt of the petition, serve copies of its order

upon all parties who filed comments concerning the potential or

proposed action or who filed petitions for review.

8. Revise Sec. 504.7 paragraphs (a)(1), (b)(1) and (c)(1) to read

as follows:

Sec. 504.7 Environmental impact statements.

(a) General. (1) An environmental impact statement (EIS) shall be

prepared when the environmental assessment indicates that a potential

or proposed action may have a significant impact upon the environment

of the United States or the global commons.

* * * * *

(b) Draft environmental impact statements. (1) A draft

environmental impact statement (DEIS) will initially be prepared in

accordance with 40 CFR part 1502.

* * * * *

comments on the DEIS, a final environmental impact statement (FEIS)

will be prepared pursuant to 40 CFR part 1502, which shall include a

discussion of the possible alternative actions to a potential or

proposed action. The FEIS will be distributed in the same manner as

specified in paragraph (b)(2) of this section.

* * * * *

9. Revise Sec. 504.9 paragraphs (a) introductory text, (c), and (d)

to read as follows:

Sec. 504.9 Information required by the Commission.

(a) Upon request, a person filing a complaint, protest, petition or

agreement requesting Commission action shall submit, no later than ten

(10) days from the date of the request, a statement setting forth, in

detail, the impact of the requested Commission action on the quality of

the human environment, if such requested action will:

* * * * *

alleged, they should be sufficiently identified and quantified to

permit meaningful review. Individuals may contact the Secretary of the

Federal Maritime Commission for informal assistance in preparing this

statement. The Commission shall independently evaluate the information

submitted and shall be responsible for assuring its accuracy if used by

it in the preparation of an environmental assessment or EIS.

(d) In all cases, the Secretary may request every common carrier by

water, or marine terminal operator, or any officer, agent or employee

thereof, as well as all parties to proceedings before the Commission,

to submit, within ten (10) days of such request, all material

information necessary to comply with NEPA and this part. Information

not produced in response to an informal request may be obtained by the

Commission pursuant to section 15 of the Shipping Act of 1984.

PART 506--CIVIL MONETARY PENALTY INFLATION ADJUSTMENT

1. The authority citation for Part 506 continues to read as

follows:

Authority: 28 U.S.C. 2461.

2. Revise Sec. 506.4 (d) to read as follows:

Sec. 506.4 Cost of living adjustments of civil monetary penalties.

(d) Inflation adjustment. Maximum Civil Monetary Penalties within

the jurisdiction of the Federal Maritime Commission are adjusted for

inflation as follows:

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

Maximum penalty New adjusted

United States Code citation Civil monetary penalty amount as of 10/ maximum penalty

description 23/96 amount

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

46 U.S.C. app. sec. 817d........................ Failure to establish 5,000 5,500

financial responsibility 200 220

for death or injury.

46 U.S.C. app. sec. 817e........................ Failure to establish 5,000 5,500

financial responsibility 200 220

for nonperformance of

transportation.

46 U.S.C. app. sec. 876......................... Failure to provide 5,000 5,500

required reports, etc.--

Merchant Marine Act of

1920.

46 U.S.C. app. sec. 876......................... Adverse shipping 1,000,000 1,100,000

conditions--Merchant

Marine Act of 1920.

46 U.S.C. app. sec. 876......................... Operating after tariff or 50,000 55,000

service contract

suspension/ Merchant

Marine Act of 1920.

46 U.S.C. app. sec. 1710a....................... Adverse impact on US 1,000,000 1,100,000

carriers by foreign

shipping practices.

46 U.S.C. app. sec. 1712........................ Operating in foreign 50,000 55,000

commerce after tariff

suspension.

46 U.S.C. app. sec. 1712........................ Knowing and willful 25,000 27,500

violation/Shipping Act of

1984 or Commission

regulation or order.

46 U.S.C. app. sec. 1712........................ Violation of Shipping Act 5,000 5,500

of 1984, Commission

regulation or order, not

knowing and willful.

31 U.S.C. sec. 3802(a)(1)....................... Program Fraud Civil 5,000 5,500

Remedies Act/giving false

statement.

31 U.S.C. sec. 3802(a)(2)....................... Program Fraud Civil 5,000 5,500

Remedies Act/giving false

statement.

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[[Page 23551]]

PART 507--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP

IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE FEDERAL MARITIME

COMMISSION

1. The authority citation for part 507 continues to read as

follows:

Authority: 29 U.S.C. 794.

2. In Sec. 507.170(b), remove ``29 CFR part 1613'' and replace with

``29 CFR part 1614''.

3. Revise Sec. 507.170(c) to read as follows:

Sec. 507.170 Compliance Procedures.

* * * * *

coordinating implementation of this section. Complaints may be sent to

the Director, Bureau of Administration, Federal Maritime Commission,

800 North Capitol Street, N.W., Washington, DC 20573.

* * * * *

PART 540--PASSENGER VESSEL FINANCIAL RESPONSIBILITY

1. In part 540, revise the part heading to read as set forth above:

2. Revise the authority citation of part 540 to read as follows:

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

Pub. L. 89-777, 80 Stat. 1356-1358, 46 U.S.C. app. 817e, 817d; 46

U.S.C. 1716.

PART 582--[REMOVED]

Under the authority of 5 U.S.C. 553, 6 U.S.C. app. 1701, 1702,

1707, 1709, 1712, and 1714-1716, remove part 582.

By the Commission.

Bryant L. VanBrakle,

Secretary.

[FR Doc. 99-10896 Filed 4-30-99; 8:45 am]

BILLING CODE 6730-01-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.