### 59817 Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Rules and Regulations

(1) The date that the municipal advisor’s permanent registration, submitted pursuant to the Act and the rules thereunder, is approved or disapproved by the Commission;

(2) The date on which the municipal advisor’s temporary registration is rescinded by the Commission;

(3) For a municipal advisor that has not applied for permanent registration with the Commission in accordance with the Act and the rules thereunder, forty-five days after the compliance date of such rules for the municipal advisor;

or (4) On December 31, 2014.

(f) This section will expire on December 31, 2014.

* * * * *

**PART 249—FORMS, SECURITIES EXCHANGE ACT OF 1934** 

■ 3. The authority citation for Part 249 continues to read in part as follows:

Authority: 15 U.S.C. 78a et seq. and 7201 et seq.; 12 U.S.C. 5461 et seq.; and 18 U.S.C. 1350, unless otherwise noted.
* * * * *

■ 4. Subpart N, consisting of § 249.1300T, continues to read as follows:

**Subpart N—Forms for Registration of Municipal Advisors** 

**§ 249.1300T Form MA–T—For temporary registration as a municipal advisor, and for**  **amendments to, and withdrawals from, temporary registration.** 

The form shall be used for temporary registration as a municipal advisor, and for amendments to, and withdrawals from, temporary registration pursuant to Section 15B of the Exchange Act, (15 U.S.C. 78 o –4).

[ Note: The text of Form MA–T does not, and the amendments will not, appear in the Code of Federal Regulations.]

Dated: September 23, 2013. By the Commission. Elizabeth M. Murphy, Secretary.
[FR Doc. 2013–23519 Filed 9–27–13; 8:45 am]

**BILLING CODE 8011–01–P**

**DEPARTMENT OF JUSTICE**

**28 CFR Part 0**

**[Docket No. USMS 110; AG Order]**

**RIN 1105–AB42**

**Revision to United States Marshals Service Fees for Services** 

**AGENCY :**  United States Marshals Service, Department of Justice. **ACTION :**  Final rule.

**SUMMARY :**  This rule revises the United States Marshals Service fees to reflect current costs to the United States Marshals Service for service of process in federal court proceedings. A proposed rule with invitation to comment was published in the Federal Register on April 12, 2013, at 78 FR 21862. Only one comment was received within the 60-day comment period and that comment supported adoption of the rule. Accordingly, the proposed rule is finalized without change.

**DATES :**  Effective October 30, 2013.

**FOR FURTHER INFORMATION CONTACT :**  Joe Lazar, Associate General Counsel, United States Marshals Service, 2604 Jefferson Davis Highway, Alexandria, VA 22301, telephone number (202) 307– 9054 (not a toll-free number).

**SUPPLEMENTARY INFORMATION :**  Legal Authority for the United States Marshals Service To Charge Fees

The Attorney General must establish fees to be taxed and collected for certain services rendered by the United States Marshals Service in connection with federal court proceedings 28 U.S.C. 1921(b). These services include, but are not limited to, serving writs, subpoenas, or summonses, preparing notices or bills of sale, keeping attached property, and certain necessary travel. 28 U.S.C. 1921(a). To the extent practicable, these fees shall reflect the actual and reasonable costs of the services provided. 28 U.S.C. 1921(b).

The Attorney General initially established the fee schedule in 1991 based on the actual costs, e.g., salaries, overhead, etc., of the services rendered and the hours expended at that time. 56 FR 2436 (Jan. 23, 1991). Due to an increase in the salaries and benefits of United States Marshals Service personnel over time, the initial fee schedule was amended in 2000, see 65 FR 47859 (Aug. 4, 2000), and again in 2008, see 73 FR 69552 (Nov. 19, 2008). The current fee schedule is inadequate and no longer reflects the actual and reasonable costs of the services rendered. Federal Cost Accounting and Fee Setting Standards and Guidelines Being Used

When developing fees for services, the United States Marshals Service adheres to the principles contained in Office of Management and Budget Circular No. A–25 Revised (‘‘Circular No. A–25’’). Circular No. A–25 states that, as a general policy, a ‘‘user charge . . . will be assessed against each identifiable recipient for special benefits derived from Federal activities beyond those received by the general public.’’ Id. § 6.

The United States Marshals Service follows the guidance contained in Circular No. A–25 to the extent that it is not inconsistent with any federal statute. When a statute ‘‘prohibits the assessment of a user charge on a service or addresses an aspect of the user charge (e.g., who pays the charge; how much is the charge; where collections are deposited),’’ the statute takes precedence over Circular No. A–25. Id. § 4(b). When a statute does not address issues of how to calculate fees or what costs to include in fee calculations, Circular No. A–25 instructs that its principles and guidance should be followed ‘‘to the extent permitted by law.’’ Id. According to Circular No. A– 25, federal agencies generally should charge the full cost or the market price of providing services that provide a special benefit to identifiable recipients. Id. § 6. Circular No. A–25 defines full cost as including ‘‘all direct and indirect costs to any part of the Federal Government of providing a good, resource, or service.’’ These costs may include an ‘‘appropriate share’’ of: (a) ‘‘[d]irect and indirect personnel costs, including salaries and fringe benefits such as medical insurance and retirement;’’ (b) ‘‘[p]hysical overhead, consulting, and other indirect costs including material and supply costs, utilities, insurance, travel, and rents or imputed rents on land, buildings, and equipment;’’ (c) ‘‘management and supervisory costs;’’ and (d) ‘‘costs of enforcement, collection, research, establishment of standards, and regulation.’’ Id. § 6(d)(1).

Processes Used To Determine the Amount of the Fee Revision

The Attorney General initially established the fee schedule in 1991 based on the average salaries, benefits, and overhead of the Deputy U.S. Marshals who executed process on behalf of a requesting party. The fee schedule was revised in 2000 and again in 2008. The 2008 rates, which are still being charged, are set forth at 28 CFR 0.114(a) as follows:

(1) For process forwarded for service from one U.S. Marshals Service office or suboffice to another—$8 per item forwarded;

(2) For process served by mail—$8 per item mailed;

(3) For process served or executed personally—$55 per hour (or portion thereof) for each item served by one U.S. Marshals Service employee, agent, or contractor, plus travel costs and any other out-of-pocket expenses. For each additional U.S. Marshals Service


### 59818 Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Rules and Regulations

1 The Law Enforcement Availability Pay Act of 1994, Public Law 103–329, § 633, 108 Stat. 2425 (1994) (codified at 5 U.S.C. 5545a), provides that law enforcement officers, such as Criminal Investigators (Deputy U.S. Marshals), who are required to work unscheduled hours in excess of each regular work day, are entitled to a 25% premium pay in addition to their base salary. 2 This amount does not include $986,000 in United States Marshals Service commissions collected for sales during FY 2012. This rule does not affect commissions, only the fees charged for service of process. employee, agent, or contractor who is needed to serve process—$55 per person per hour for each item served,plus travel costs and any other out-ofpocket expenses.

(4) For copies at the request of any party—$.10 per page;

(5) For preparing notice of sale, bill of sale, or U.S. Marshal deed—$20 per item;

(6) For keeping and advertisement of property attached—actual expenses incurred in seizing, maintaining, and disposing of the property.

In 2012, the United States Marshals Service conducted an analysis to determine whether, in light of the increase in salaries and expenses of its workforce over the previous time period, the existing fee schedule continued to reflect the costs of serving process. The following cost module was designed to reflect the average hourly cost of serving process in person on behalf of a requesting party.



### C OST 

### M ODULE

Hourly Wage ................................. 32.97 Law Enforcement Availability Pay 8.24 Fringe Benefits ............................. 16.90 Indirect Costs ................................ 7.41

Total Personnel Costs ........... 65.52

The ‘‘hourly wage’’ in this module reflects the hourly basic rate for law enforcement officers at Grade 12, Step 1, as set forth in the Office of Personnel Management’s 2012 Salary Table for the ‘‘rest of the United States’’ (available athttp://www.opm.gov/policy-dataoversight/pay-leave/salaries-wages/ 2012/law-enforcement-officer/

rus

_leo

_h.pfd ). The cost of Law Enforcement Availability Pay also was factored into the hourly wage of an average Criminal Investigator (Deputy U.S. Marshal). 1 The fringe benefits rate reflected 41 percent of total wage costs. Finally, the indirect costs, which reflected the costs of administrative services, including management/ supervisory compensation and benefits, depreciation, utilities, supplies, and equipment, constituted approximately 18 percent of the total wage and benefits costs. As a result of the cost module, the United States Marshals Service determined that the existing fee schedule no longer reflected the actual and reasonable costs of personally serving process.

The total personnel costs of serving process were rounded to the nearest five-dollar increment. Thus, in order to recover the actual and reasonable costs of serving process, the United States Marshals Service will charge $65 per hour (or portion thereof) for each item served by one United States Marshals Service law enforcement officer. This represents a less than 20 percent increase ($10 per hour) from the existing fee for serving process revised in 2008.

Only one comment was received on the proposed rule within the 60-day comment period and that comment supported adoption of the rule. Accordingly, the proposed rule is finalized without change. Regulatory Flexibility Act

The Attorney General, in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this rule and, by approving it, certifies that this rule will not have a significant economic impact on a substantial number of small entities. Under the current fee structure, the United States Marshals Service collected approximately $1,245,000 in service of process fees in FY 2012. 2 The implementation of this rule will provide the United States Marshals Service with an estimated additional $235,000 in revenue over the revenue that would be collected under the current fee structure. This revenue increase represents a recovery of costs based on an increase in salaries, expenses, and employee benefits over the previous four-year period.

The economic impact on individual entities that utilize the services of the United States Marshals Service will be minimal. The service of process fees only will affect entities that pursue litigation in Federal court and, in most instances, seek to have the U.S. Marshals levy upon or seize property. The service of process fees will be increased by only $10 per hour from the previous rate increase more than four years ago. The fees will be consonant with similar fees already paid by these entities in state court litigation.

Unfunded Mandates Reform Act of
1995

This rule will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Small Business Regulatory Enforcement Fairness Act of 1996

This rule is not a major rule as defined by section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996. 5 U.S.C. 804. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-basedenterprises to compete with foreignbased enterprises in domestic and export markets.

Executive Orders 12866 and 13563— Regulatory Review

This regulation has been drafted and reviewed in accordance with section 1(b) of Executive Order 12866 (‘‘Regulatory Planning and Review’’), and with section 1(b) of Executive Order 13563 (‘‘Improving Regulation and Regulatory Review’’).

The Department of Justice has determined that this rule is not a ‘‘significant regulatory action’’ under section 3(f) of Executive Order 12866, and accordingly this rule has not been reviewed by the Office of Management and Budget.

Further, both Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Department has assessed the costs and benefits of this regulation and believes that the regulatory approach selected maximizes net benefits.

Executive Order 13132

This rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with section 6 of Executive Order 13132, the Department of Justice


### 59819 Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Rules and Regulations

has determined that this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement.

Executive Order 12988

This rule meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988 concerning civil justice reform. Paperwork Reduction Act of 1995

This rule does not contain collection of information requirements and would not be subject to the Paperwork Reduction Act of 1980, as amended (44 U.S.C. 3501–20). List of Subjects in 28 CFR Part 0

Authority delegations (Government agencies), Government employees, Organization and functions (Government agencies), Whistleblowing.

Accordingly, Title 28, Part 0, Subpart T of the Code of Federal Regulations is amended as follows:

**PART 0—[AMENDED]**

■ 1. The authority citation for Part 0 continues to read as follows:

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515–519.

**§ 0.114 [Amended]**

■ 2. In § 0.114, paragraph (a)(3) is amended by removing the fee ‘‘$55’’ and adding the fee ‘‘$65’’ in its place wherever it occurs.

Dated: September 23, 2013. Eric H. Holder, Jr., Attorney General.
[FR Doc. 2013–23692 Filed 9–27–13; 8:45 am]

**BILLING CODE 4410–04–P**

**DEPARTMENT OF HOMELAND SECURITY** 

**Coast Guard**

**33 CFR Part 100**

**[Docket Number USCG–2013–0101]**

**RIN 1625–AA08**

**Special Local Regulation; Clearwater Super Boat National Championship**  **Race, Gulf of Mexico; Clearwater, FL**

**AGENCY :**  Coast Guard, DHS.

**ACTION :**  Temporary final rule.

**SUMMARY :**  The Coast Guard is establishing a special local regulation on the waters of the Gulf of Mexico in the vicinity of Clearwater, Florida during the Clearwater Super Boat National Championship Race. The race is scheduled to take place from 9:30 a.m. to 4 p.m. on September 29, 2013. Approximately 35 boats, ranging in length from 24 feet to 50 feet, traveling at speeds in excess of 100 miles per hour are expected to participate. Additionally, it is anticipated that 400 spectator vessels will be present along the race course. The special local regulation is necessary to protect the safety of race participants, participant vessels, spectators, and the general public on the navigable waters of the United States during the event. The special local regulation will temporarily restrict vessel traffic in the waters of the Gulf of Mexico in the vicinity of Clearwater, Florida. The special local regulation will establish the following three areas: A race area, where all persons and vessels, except those persons and vessels participating in the high speed boat races, are prohibited from entering, transiting through, anchoring in, or remaining within; a buffer area, where all persons and vessels, except those vessels enforcing the buffer area, are prohibited from entering, transiting through, anchoring in, or remaining within; and a spectator area, where all vessels must be anchored or operate at No Wake Speed.

**DATES :**  This rule will be effective from 9:30 a.m. to 4:30 p.m. on September 29,
2013.

**ADDRESSES :**  Documents mentioned in this preamble are part of docket USCG– 2013–0101. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

**FOR FURTHER INFORMATION CONTACT :**  If you have questions on this temporary final rule, call or email Marine Science Technician First Class Hector I. Fuentes, Sector St. Petersburg Prevention Department, Coast Guard; telephone (813) 228–2191, email Hector.I.Fuentes@uscg.mil. If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone (202) 366–9826.

**SUPPLEMENTARY INFORMATION :**  Table of Acronyms
DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking A. Regulatory History and Information

The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a Notice of Proposed Rulemaking with respect to this rule because due to the extended time required to address the associated safety concerns of high speed boat races and the need to de-conflict other marine events being held in the area. Additional time was required to coordinate the necessary safety parameters and interagency participation required to adequately patrol the event. As a result, the Coast Guard did not have sufficient time to publish an NPRM and to receive public comments prior to the event. Any delay in the effective date of this rule may result in its failure to be in effect during the event in question and would be contrary to the public interest because immediate action is needed to minimize potential danger to the public during this event.

For the same reason discussed above, under 5 U.S.C. 553(d)(3) the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register

. B. Basis and Purpose

The legal basis for the rule is the Coast Guard’s authority to establish special local regulations: 33 U.S.C. 1233. The purpose of the rule is to provide for the safety of life on navigable waters of the United States during the Clearwater Super Boat National Championship Race.

C. Discussion of Rule

On September 29, 2013, Super Boat International Production, Inc. is sponsoring the Clearwater Super Boat National Championship Race, a series of high speed boat races. The races will be held on the waters of the Gulf of Mexico in Clearwater, Florida. Approximately 35 high speed power boats are anticipated to participate in the races. It is anticipated that approximately 400 spectator vessels will be present during the races.