10258 Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Rules and Regulations 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧ Elevation in 

meters (MSL) 

Modified 

Communities affected 

Gena Creek ........................... Just upstream of FM Road 1870 .......................................... +440 Unincorporated Areas of 

Hopkins County. 

Approximately 1.04 miles upstream of FM Road 1870 ........ +457 

Rock Creek ............................ Just downstream of unnamed railroad .................................. +421 Unincorporated Areas of 

Hopkins County. 

Approximately 500 feet upstream of Holiday Drive .............. +476 

Turtle Creek ........................... Just upstream of State Highway 11 ...................................... +481 Unincorporated Areas of 

Hopkins County. 

Just upstream of unnamed railroad ...................................... +494 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

∧ Mean Sea Level, rounded to the nearest 0.1 meter. 

ADDRESSES 

Unincorporated Areas of Hopkins County 

Maps are available for inspection at the Hopkins County Courthouse, 118 Church Street, Sulphur Springs, TX 75483. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: February 8, 2011. 

Edward L. Connor, 

Acting Federal Insurance and Mitigation 

Administrator, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. 2011–4129 Filed 2–23–11; 8:45 am] 

BILLING CODE 9110–12–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 502 

[Docket No. 11–02] 

RIN 3072–AC41 

Amendments to Commission’s Rules 

of Practice and Procedure 

DATE: February 17, 2011. 

AGENCY: Federal Maritime Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Maritime 

Commission (FMC or Commission) 

amends its Rules of Practice and 

Procedure to update, clarify, and reduce 

the burden on parties to proceedings 

before the Commission. 

DATES: The final rule is effective 

February 24, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Karen V. Gregory, Secretary, Federal 

Maritime Commission, 800 North 

Capitol Street, NW., Washington, DC 

20573–0001, Tel.: (202) 523–5725, 

E-mail: secretary@fmc.gov. 

Rebecca A. Fenneman, General Counsel, 

Federal Maritime Commission, 800 

North Capitol Street, NW., 

Washington, DC 20573–0001, Tel.: 

(202) 523–5740, E-mail: 

generalcounsel@fmc.gov. 

SUPPLEMENTARY INFORMATION: The 

Commission’s Rules of Practice and 

Procedure, 46 CFR part 502, govern 

procedures before the Commission. 46 

CFR 502.1–502.991. The rules are in 

place to secure just, speedy, and 

inexpensive resolution of proceedings 

before the Commission. After review of 

the procedural rules in their current 

form, the Commission has found that 

certain provisions have become 

outdated, unclear, or unduly 

burdensome. Therefore, the Commission 

has determined to amend part 502 of 

Title 46 of the Code of Federal 

Regulations to update and improve the 

Commission’s Rules of Practice and 

Procedure. 

As a first step in updating and 

improving its procedural rules, the 

Commission is making changes to 

Subparts A, H, I, S, and T of its Rules 

of Practice and Procedure. A number of 

technical, non-substantive changes are 

made to other Subparts of the rules. 

This Final Rule also includes 

corrections of some typographical errors 

in the rules. 

The most notable changes are as 

follows: 

Section 502.2 

The Commission has clarified the 

provisions for electronic filing of 

documents and has amended the 

number of copies to be filed in 

Commission proceedings. Previously, in 

proceedings before the Commission, an 

original and fifteen (15) copies of certain 

documents filed and served in the 

proceedings were required to be 

furnished for the Commission’s use and 

an original and four (4) copies of other 

documents were required to be 

furnished. The Commission is now 

requiring the filing of an original and 

five (5) copies of all documents filed in 

order to simplify this requirement, to 

reduce the burden on parties to 

Commission proceedings, and to reduce 

paper waste. The rule as revised 

requests that filings also be sent in PDF 

form when possible, either through 

electronic e-mail (‘‘e-mail’’) or on an 

electronic storage device. 

As many parties currently transmit 

documents by electronic means (except 

for initial filing of complaints and 

claims), the Commission has 

determined to accommodate electronic 

submission of documents for the 

purpose of meeting filing deadlines if 

the original and five (5) copies follow 

immediately by mail or courier. This 

Final Rule includes new rules for such 

electronic submission of documents to 

the Commission, and removes reference 

to facsimile transmissions. 

To facilitate communications and 

service of documents, the amended rule 

requires all parties to provide the 

Commission and all other parties with 

accurate and current contact 

information. 

The Final Rule amends the 

requirement to file discovery materials. 

The previous rule, 46 CFR 

502.118(b)(3)(i) (repealed by this Final 

Rule) required parties to file with the 

Commission a single copy of discovery 


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materials. The Commission has found 

that filed discovery materials were often 

not used in the proceedings, and has 

noted that for years the Commission’s 

Office of Administrative Law Judges has 

issued orders waiving the filing 

requirement and prohibiting filing of 

discovery materials until they were to 

be used in the proceedings or were 

ordered by the presiding officer to be 

filed. Under the Federal Rules of Civil 

Procedure (FRCP), discovery requests 

and responses ‘‘must not be filed until 

they are used in the proceeding or the 

court orders filing.’’ Fed. R. Civ. P. 

5(d)(1). The Commission has 

determined to amend its discovery rules 

to conform more closely to the FRCP. 

This change will reduce costs to the 

parties and to the Commission. The 

Commission has also determined that, 

consistent with the FRCP, expert 

witness reports must not be filed with 

the Commission until used in the 

proceeding or ordered to be filed. 

The Final Rule provides that 

discovery materials must not be filed 

until they are ‘‘used in the proceeding.’’ 

This phrase is meant to refer to a 

proceeding before the Commission or a 

presiding officer. This filing 

requirement is not triggered by ‘‘use’’ of 

discovery materials in other discovery 

activities, such as depositions. In 

connection with a proceeding before the 

Commission or presiding officer, 

however, the rule should be interpreted 

broadly, and any use of discovery 

materials before the Commission or 

presiding officer in connection with a 

motion, a pretrial conference, or 

otherwise, would trigger the filing 

requirement for those discovery 

materials used. 

Once discovery materials are used in 

the proceeding, the materials must be 

filed. The Final Rule includes a 

provision directing a party who wishes 

to use discovery materials that are not 

yet in the record to include those 

materials in an appendix to be filed 

with the motion or other paper to which 

they relate. Because the filing 

requirement applies only with regard to 

materials that are used, only those parts 

of voluminous materials that are 

actually used should be included in the 

appendix. Any adverse or other party is 

then free to file an appendix including 

any other part of the materials that are 

so used. If the parties are unduly or 

unfairly sparing in their submissions of 

materials that are used, the Commission 

or presiding officer may order further 

filings. 

Finally, to streamline the 

Commission’s filing rules and for ease of 

reference, the requirements previously 

found in sections 502.111, 502.112, 

502.114(c), 502.118(a) and (b)(1)–(3), 

and 502.119 are moved to § 502.2. 

Section 502.13 

Section 205(c)(3) of the E-Government 

Act of 2002, Public Law 107–347, 

requires the Supreme Court to prescribe 

rules ‘‘to protect privacy and security 

concerns relating to electronic filing of 

documents and the public availability 

* * * of documents filed 

electronically.’’ The rule developed by 

the Court goes further than the EGovernment Act requires, and also 

protects paper filings even when they 

are not converted to electronic form. See 

Fed. R. Civ. P. 5.2. (‘‘Privacy Protection 

For Filings Made with the Court’’). See 

also Fed. R. Civ. P. 5.2, advisory 

committee notes, 2007 adoption. 

Federal Rule 5.2 requires a party or nonparty making an electronic or paper 

filing with the court to redact personally 

identifiable information before filing. 

There has been no comparable 

Commission rule. 

Although Federal Rule 5.2 is 

applicable in Commission proceedings 

pursuant to Commission rule § 502.12, 

the Commission has determined to 

create a rule to ensure protection of 

privacy and security concerns. The new 

rule, 502.13, adopts verbatim Rule 5.2 of 

the FRCP except where ‘‘court’’ is 

changed to ‘‘Commission or presiding 

officer’’ or ‘‘Secretary’’ as appropriate, 

and portions of subparagraphs (b) and 

(c) of the Federal Rule that are not 

applicable to Commission proceedings 

have been deleted. As under the FRCP, 

‘‘[t]he responsibility to redact filings 

rests with counsel and the party or nonparty making the filing.’’ Fed. R. Civ. P. 

5.2, advisory committee notes, 2007 

adoption. 

Section 502.131 

Section 502.131 is amended to require 

that requests for subpoenas be made in 

writing to the Office of Administrative 

Law Judges. Under the current rules, 

requests for subpoenas for the 

attendance of witnesses may be made 

orally or in writing, and requests for 

subpoenas for the production of 

evidence shall be in writing. The 

Commission has found it preferable that 

all subpoena requests must be in 

writing. The Commission has further 

found that having subpoena requests 

delivered to the Office of Administrative 

Law Judges, as opposed to the presiding 

officer, will ensure that they are 

handled promptly. In addition, the 

number of copies required has been 

reduced from two copies to one copy in 

addition to the original, to reduce the 

burden on the parties. 

Sections 502.305 and 502.321 

Sections 502.305 and 502.321 are 

amended to make certain rules of the 

Commission’s Rules of Practice and 

Procedure applicable to Subpart S 

(Informal Procedure for Adjudication of 

Small Claims) and Subpart T (Formal 

Procedure for Adjudication of Small 

Claims) proceedings. Currently, only 

§§ 502.253 and 502.254 are applicable to 

Subpart S proceedings; under § 502.321, 

the rules in Subpart A through Q are not 

applicable to Subpart T proceedings. 

The Commission has found that certain 

rules should apply to Subparts S and T 

proceedings. These include rules for 

filing, providing contact information, 

documents in foreign languages, 

attorney appearances, substitution of 

parties, interest, and attorney’s fees. The 

amendment also makes Subparts S and 

T proceedings consistent with other 

Commission proceedings where 

appropriate, and clarifies the rules of 

practice and procedure applicable to 

those proceedings. 

Because the changes made in this 

Final Rule only address the 

Commission’s Rules of Practice and 

Procedure, to which the Administrative 

Procedure Act is not applicable 

pursuant to 5 U.S.C. 553, the amended 

rules are published as final. 

This Final Rule is not a ‘‘major rule’’ 

under 5 U.S.C. 804(2). 

List of Subjects in 46 CFR Part 502 

Administrative practice and 

procedure, Claims, Equal access to 

justice, Investigations, Lawyers, 

Maritime carriers, Penalties, Reporting 

and recordkeeping requirements. 

For the reasons stated in the 

supplementary information, the Federal 

Maritime Commission amends 46 CFR 

part 502 as follows. 

PART 502—RULES OF PRACTICE AND 

PROCEDURE 

■ 1. The authority citation for part 502 

continues to read as follows: 

Authority: 5 U.S.C. 504, 551, 552, 553, 

556(c), 559, 561–569, 571–596; 5 U.S.C. 571– 

584; 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. 305, 40103–40104, 40304, 

40306, 40501–40503, 40701–40706, 41101– 

41109, 41301–41309, 44101–44106; E.O. 

11222 of May 8, 1965, 30 FR 6469, 3 CFR 

1964–1965 Comp. P. 306; 21 U.S.C. 853a. 

■ 2. Revise § 502.2 to read as follows: 

§ 502.2 Filing of documents. 

(a) Requirement for filing. Documents 

relating to any matter pending before 

the Commissioners for decision or to 

any matter pending before the 

Commission which is likely to come 


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before the Commissioners for decision, 

whether or not relating to proceedings 

governed by this part, must be filed with 

the Secretary, Federal Maritime 

Commission. Such documents should 

not be filed with or separately submitted 

to the offices of individual 

Commissioners. Distribution to 

Commissioners and other agency 

personnel is handled by the Office of 

the Secretary to ensure that persons in 

decision-making and advisory positions 

receive identical copies of submissions 

in a uniform and impersonal manner 

and to avoid the possibility of ex parte 

communications within the meaning of 

§ 502.11. These considerations apply to 

informal and oral communications as 

well, such as requests for expedited 

consideration. 

(b) Date and time of filing. (1) 

Documents may be hand-delivered at 

the Commission during normal business 

hours from 8:30 a.m. to 5 p.m., Monday 

through Friday. 

(2) Except with respect to initial filing 

of complaints pursuant to §§ 502.62 and 

502.63, and claims pursuant to 

§§ 502.301 and 502.302, the date of 

filing shall be either the date on which 

the pleading, document, or paper is 

physically delivered to the Commission 

by a party, the date on which a party 

certifies it to have been deposited in the 

mail or delivered to a courier, or the 

date of e-mail transmission. 

(c) Place of filing. Except for exhibits 

filed pursuant to § 502.118(b)(4) and 

petitions for review of final agency 

orders served on the Commission 

pursuant to 28 U.S.C. 2112(a), all 

documents required to be filed in, and 

correspondence relating to proceedings 

governed by this part must be addressed 

and delivered to ‘‘Secretary, Federal 

Maritime Commission, 800 N. Capitol 

Street, NW., Washington, DC 20573– 

0001’’ or to secretary@fmc.gov. 

(d) Service of petition for review of 

Commission order. Petitions for review 

of final agency orders served on the 

Commission pursuant to 28 U.S.C. 

2112(a) must be addressed and 

delivered to ‘‘General Counsel, Office of 

the General Counsel, Federal Maritime 

Commission, 800 N. Capitol Street, 

NW., Washington, DC 20573–0001.’’ 

(e) Number of copies. Parties filing 

documents in proceedings before the 

Commission or an administrative law 

judge must file an original, signed 

document and five (5) copies, and, if 

possible, a PDF of the document. The 

PDF document should be sent by e-mail 

to secretary@fmc.gov or submitted on an 

electronic storage device (such as 

compact disc or USB flash drive). 

(f) E-mail transmission of filings. (1) 

Initial filing of complaints and claims 

pursuant to §§ 502.62–502.63 and 

502.301–502.302 must be accomplished 

in the traditional manner on paper, 

rather than by e-mail. 

(2) Pursuant to § 502.5 of this subpart, 

confidential filings must be 

accomplished in the traditional manner 

on paper, rather than by e-mail. 

(3) If a filing is submitted 

electronically as a PDF attached to an email, the original, signed document, and 

five (5) copies must be received by the 

Secretary within seven working days. 

The e-mail transmitting the PDF copy of 

a document must include a certification 

by the filing party that the electronic 

copy is a true and correct copy of the 

paper original, and that the paper signed 

original and five (5) copies are being 

filed with the Secretary of the 

Commission. The e-mail Subject Line 

must include the docket number of the 

proceeding and be sent to 

secretary@fmc.gov. 

(g) Filing after announcement of 

Commission meeting prohibited. No 

filings relating to matters scheduled for 

a Commission meeting will be accepted 

by the Secretary if submitted subsequent 

to public announcement of the 

particular meeting, except that the 

Commission, on its own initiative, or 

pursuant to a written request, may in its 

discretion, permit a departure from this 

limitation for exceptional 

circumstances. (See § 503.82(e) of this 

chapter.) 

(h) Return of rejected filings. Any 

pleading, document, writing, or other 

paper submitted for filing which is 

rejected because it does not conform to 

the rules in this part will be returned to 

the sender. 

(i) Continuing obligation to provide 

contact information. All parties and 

representatives are under a continuing 

obligation to provide the Commission 

and all other parties in a proceeding 

with accurate and current contact 

information including a street address, 

telephone number, and e-mail address. 

(j) Form of documents. All papers to 

be filed under the rules in this part must 

be clear and legible, dated, show the 

docket number and title of the 

proceeding, document title, and include 

the title, if any, and address of the 

authorized signer or representative. An 

original signed in ink must be provided. 

Text shall appear on only one side of 

the paper and must be double spaced 

except that quotations of fifty or more 

words should be single-spaced and 

indented on the left and right without 

quotation marks. The paper must be 

strong and durable, of letter size (81⁄2 x 

11 in. or 215.9 x 279.4 mm) or A4 size 

(8.27 x 11.69 in. or 210 x 297 mm), with 

a margin of at least one inch on all four 

sides. Documents must be printed in 

clear type, and the type size, including 

footnotes and endnotes, must not be 

smaller than 12-point. 

(k) Discovery materials excluded from 

filing requirement. (1) The following 

discovery requests and responses must 

not be filed with the Secretary until they 

are used in the proceeding, or the 

Commission or presiding officer orders 

filing: 

(i) Notice and transcript of 

depositions; 

(ii) Interrogatories; 

(iii) Requests for documents or 

tangible things or to permit entry onto 

designated land or other property; 

(iv) Requests for admission; and 

(v) Expert witness reports. 

(2) The party that served the notice of 

deposition or discovery papers must 

preserve and ensure the integrity of 

original transcripts and discovery 

papers for use by the Commission or the 

presiding officer. A party that wants to 

use any part or all of discovery requests 

and responses in the proceeding must 

include the part or all of the documents 

in an appendix to be filed with the 

motion or other paper that refers to 

those documents. A party filing an 

appendix exceeding 100 pages should 

file an original and two (2) copies on 

paper and, if possible, also file such 

appendix by e-mail or on an electronic 

storage device. [Rule 2.] 

■ 3. Revise § 502.3 to read as follows: 

§ 502.3 Compliance with rules or orders of 

Commission. 

Persons named in a rule or order shall 

notify the Commission during business 

hours on or before the day on which 

such rule or order becomes effective 

whether they have complied therewith, 

and if so, the manner in which 

compliance has been made. [Rule 3.] 

■ 4. Revise § 502.4 to read as follows: 

§ 502.4 Authentication of rules or orders of 

Commission. 

All rules or orders issued by the 

Commission in any proceeding covered 

by this part shall, unless otherwise 

specifically provided, be signed by the 

Secretary of the Commission in the 

name of the Commission. [Rule 4.] 

■ 5. Add § 502.5 to read as follows: 

§ 502.5 Documents containing confidential 

materials. 

Except as otherwise provided in the 

rules of this part, all filings that contain 

information previously designated as 

confidential pursuant to §§ 502.13, 

502.167, 502.201(i)(1)(vii), or any other 

rules of this part or for which a request 

for protective order pursuant to 

§ 502.201(i) is pending, are subject to 

the following requirements: 


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(a) Filings shall be accompanied by a 

transmittal letter that identifies the 

filing as ‘‘confidential’’ and describes the 

nature and extent of the authority for 

requesting confidential treatment. The 

confidential copies shall consist of the 

complete filing and shall include a 

cover page marked ‘‘ConfidentialRestricted,’’ with the confidential 

materials clearly marked on each page. 

Confidential filings should not be made 

by e-mail. 

(b) Whenever a confidential filing is 

submitted, there must also be submitted 

an original and one copy of a public 

version of the filing. Such public 

version shall exclude confidential 

materials, and shall indicate on the 

cover page and on each affected page 

‘‘confidential materials excluded.’’ 

Public versions of confidential filings 

may be submitted by e-mail. 

(c) Confidential treatment afforded by 

this section is subject to the proviso that 

any information designated as 

confidential may be used by the 

administrative law judge or the 

Commission if deemed necessary to a 

correct decision in the proceeding. [Rule 

5.] 

■ 6. Add § 502.6 to read as follows: 

§ 502.6 Verification of documents. 

(a) If a party is represented by an 

attorney or other person qualified to 

practice before the Commission under 

the rules in this part, each pleading, 

document or other paper of such party 

filed with the Commission shall be 

signed by at least one person of record 

admitted to practice before the 

Commission in his or her individual 

name, whose address shall be stated. 

Except when otherwise specifically 

provided by rule or statute, such 

pleading, document or paper need not 

be verified or accompanied by affidavit. 

The signature of a person admitted or 

qualified to practice before the 

Commission constitutes a certificate by 

the signer that the signer has read the 

pleading, document or paper; that the 

signer is authorized to file it; that to the 

best of the signer’s knowledge, 

information, and belief formed after 

reasonable inquiry, the filing is well 

grounded in fact and is warranted by 

existing law or a good faith argument for 

the extension, modification, or reversal 

of existing law; and that it is not 

interposed for any improper purpose, 

such as to harass or to cause 

unnecessary delay or needless increase 

in the cost of litigation. For a willful 

violation of this section, a person 

admitted or qualified to practice before 

the Commission may be subjected to 

appropriate disciplinary action. 

(b) If a party is not represented by a 

person admitted or qualified to practice 

before the Commission, each pleading, 

document or other paper of such party 

filed with the Commission shall be 

signed and verified under oath by the 

party or by a duly authorized officer or 

agent of the party, whose address and 

title shall be stated. 

(c) Wherever, under any rules of this 

part, any matter is required or permitted 

to be supported, evidenced, established, 

or proved by the sworn declaration, 

verification, certificate, statement, oath, 

or affidavit, in writing of the person 

making the same (other than a 

deposition under § 502.203 or 

§ 502.204), such matter may, with like 

force and effect, be supported, 

evidenced, established, or proved by the 

unsworn declaration, certificate, 

verification, or statement, in writing of 

such person which is subscribed by 

such person, as true under penalty of 

perjury, in substantially the following 

form: 

(1) If executed without the United 

States: ‘‘I declare (or certify, verify, or 

state) under penalty of perjury under the 

laws of the United States of America 

that the foregoing is true and correct.’’ 

(2) If executed within the United 

States, its territories, possessions, or 

commonwealths: ‘‘I declare (or certify, 

verify, or state) under penalty of perjury 

that the foregoing is true and correct.’’ 

[Rule 6.] 

■ 7. Add § 502.13 to subpart A of part 

502 to read as follows: 

§ 502.13 Privacy protection for filings 

made with the Commission. 

(a) Redacted filings. Unless the 

Commission or presiding officer orders 

otherwise, in an electronic or paper 

filing that contains an individual’s 

social-security number, taxpayeridentification number, or birth date, the 

name of an individual known to be a 

minor, or a financial-account number, a 

party or nonparty making the filing may 

include only: 

(1) The last four digits of the socialsecurity number and taxpayeridentification number; 

(2) The year of the individual’s birth; 

(3) The minor’s initials; and 

(4) The last four digits of the 

financial-account number. 

(b) Exemptions from the redaction 

requirement. The redaction requirement 

does not apply to the following: 

(1) The record of an administrative or 

agency proceeding; 

(2) The record of a state-court 

proceeding; 

(3) The record of a court or tribunal, 

if that record was not subject to the 

redaction requirement when originally 

filed; and 

(4) A filing covered by paragraph (c) 

of this section. 

(c) Filings made under seal. The 

Commission or presiding officer may 

order that a filing be made under seal 

without redaction. The Commission or 

presiding officer may later unseal the 

filing or order the person who made the 

filing to file a redacted version for the 

public record. 

(d) Protective orders. For good cause, 

the Commission or presiding officer 

may by order in a case: 

(1) Require redaction of additional 

information; or 

(2) Limit or prohibit a nonparty’s 

remote electronic access to a document 

filed with the Commission. 

(e) Option for additional unredacted 

filing under seal. A person making a 

redacted filing may also file an 

unredacted copy under seal. The 

Commission must retain the unredacted 

copy as part of the record. 

(f) Option for filing a reference list. A 

filing that contains redacted information 

may be filed together with a reference 

list that identifies each item of redacted 

information and specifies an 

appropriate identifier that uniquely 

corresponds to each item listed. The list 

must be filed under seal and may be 

amended as of right. Any reference in 

the case to a listed identifier will be 

construed to refer to the corresponding 

item of information. 

(g) Waiver of protection of identifiers. 

A person waives the protection of this 

rule as to the person’s own information 

by filing it without redaction and not 

under seal. [Rule 13.] 

§ 502.27 [Amended] 

■ 8. Amend § 502.27(a)(1), in the last 

sentence, by removing the reference 

‘‘§ 503.43(g)’’ and adding the reference 

‘‘§ 503.43(e)’’ in its place. 

Exhibit No. 1 to Subpart E [§ 502.62] of 

Part 502—[Amended] 

■ 9. Amend the appendix, Exhibit No. 1 

to Subpart E, by removing the reference 

‘‘subpart S [Informal Docket for a claim 

of $10,000 or less]’’ and adding the 

reference ‘‘subpart S [Informal Docket 

for a claim of $50,000 or less]’’ in its 

place in the first paragraph of the 

Exhibit’s Information To Assist in Filing 

Formal Complaint, General. 

§ 502.111 [Removed and Reserved] 

■ 10. Remove and reserve § 502.111. 

§ 502.112 [Removed and Reserved] 

■ 11. Remove and reserve § 502.112. 


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10262 Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Rules and Regulations 

§ 502.114 [Amended] 

■ 12. In § 502.114, remove paragraph 

(c). 

§ 502.118 [Amended] 

■ 13. In § 502.118, remove and reserve 

paragraphs (a) and (b)(1) through (3). 

§ 502.119 [Removed] 

■ 14. Remove § 502.119. 

Subpart I—Subpoenas 

■ 15. Revise the heading to subpart I as 

set forth above. 

■ 16. Revise § 502.131 to read as 

follows: 

§ 502.131 Requests; issuance. 

Subpoenas for the attendance of 

witnesses or the production of evidence 

shall be issued upon request of any 

party, without notice to any other party. 

Requests for subpoenas must be 

submitted in writing to the Office of 

Administrative Law Judges. The party 

requesting the subpoena shall tender an 

original and one copy of such subpoena. 

Where it appears that the subpoena 

sought may be unreasonable, 

oppressive, excessive in scope, or 

unduly burdensome, the administrative 

law judge may in his or her discretion, 

as a condition precedent to the issuance 

of the subpoena, require the person 

seeking the subpoena to show the 

general relevance and reasonable scope 

of the testimony or other evidence 

sought. [Rule 131.] 

§ 502.132 [Amended] 

■ 17. Amend § 502.132 by removing 

‘‘subpena’’ and adding ‘‘subpoena’’ in its 

place wherever it occurs. 

§ 502.133 [Amended] 

■ 18. Amend § 502.133 by removing 

‘‘subpena’’ and adding ‘‘subpoena’’ in its 

place. 

§ 502.134 [Amended] 

■ 19. Amend § 502.134 as follows: 

■ a. Amend the section heading by 

removing ‘‘subpenas’’ and adding 

‘‘subpoenas’’ in its place; and 

■ b. Amend the text by removing 

‘‘subpena’’ and adding ‘‘subpoena’’ in its 

place wherever it occurs. 

§ 502.135 [Amended] 

■ 20. Amend § 502.135 as follows: 

■ c. Amend the section heading by 

removing ‘‘Subpena’’ and adding 

‘‘Subpoena’’ in its place; 

■ d. Amend paragraph (a) by removing 

‘‘subpena’’ and adding ‘‘subpoena’’ in its 

place wherever it occurs; and 

■ e. Amend paragraph (b) by removing 

‘‘subpenaed’’ and adding ‘‘subpoenaed’’ 

in its place. 

§ 502.136 [Amended] 

■ 21. Amend § 502.136 by removing 

‘‘subpena’’ and adding ‘‘subpoena’’ in its 

place. 

§ 502.147 [Amended] 

■ 22. Amend § 502.147(a), in the first 

sentence, by removing ‘‘subpenas’’ and 

adding ‘‘subpoenas’’ in its place. 

§ 502.203 [Amended] 

■ 23. Amend § 502.203(a)(2) and (3) by 

removing ‘‘subpena’’ and adding 

‘‘subpoena’’ in its place wherever it 

occurs. 

§ 502.210 [Amended] 

■ 24. Amend § 502.210 in paragraph (b) 

by removing ‘‘subpenas’’ and ‘‘subpoena’’ 

and adding ‘‘subpoenas’’ and 

‘‘subpoena’’, respectively, in their place 

wherever they occur. 

§ 502.286 [Amended] 

■ 25. Amend § 502.286 by removing 

‘‘subpenas’’ and adding ‘‘subpoenas’’ in 

two places. 

■ 26. Revise § 502.305 to read as 

follows: 

§ 502.305 Applicability of other rules of 

this part. 

(a) Except otherwise specifically 

provided in this subpart or in paragraph 

(b) of this section, the sections in 

subparts A through Q, inclusive, of this 

part do not apply to situations covered 

by this subpart. 

(b) The following sections in subparts 

A through Q of this part apply to 

situations covered by this subpart: 

§§ 502.2(a) (Requirement for filing); 

502.2(f)(1) 

(Email transmission of filings); 502.2(i) 

(Continuing obligation to provide 

contact information); 502.7 (Documents 

in foreign languages); 502.21–502.23 

(Appearance, Authority for 

representation, Notice of appearance; 

substitution and withdrawal of 

representative); 502.43 (Substitution of 

parties); 502.101 (Computation); 

502.117 (Certificate of service); 502.253 

(Interest in reparation proceedings); and 

502.254 (Attorney’s fees in reparation 

proceedings). [Rule 305.] 

Exhibit No. 1 to Subpart S—[Amended] 

■ 27. Amend the appendix, Exhibit No. 

1 to subpart S, by removing ‘‘$10,000 or 

less’’ and adding ‘‘$50,000 or less’’ in its 

place in the first paragraph of the 

Exhibit’s Information To Assist in Filing 

Informal Complaints. 

■ 28. Revise § 502.321 to read as 

follows: 

§ 502.321 Applicability of other rules of 

this part. 

(a) Except otherwise specifically 

provided in this subpart or in paragraph 

(b) of this section, the sections in 

subparts A through Q, inclusive, of this 

part do not apply to situations covered 

by this subpart. 

(b) The following sections in subparts 

A through Q apply to situations covered 

by this subpart: §§ 502.2(a) 

(Requirement for filing); 502.2(f)(1) (Email transmission of filings); 502.2(i) 

(Continuing obligation to provide 

contact information); 502.7 (Documents 

in foreign languages); 502.21–502.23 

(Appearance, Authority for 

representation, Notice of appearance; 

substitution and withdrawal of 

representative); 502.43 (Substitution of 

parties); 502.253 (Interest in reparation 

proceedings); and 502.254 (Attorney’s 

fees in reparation proceedings). [Rule 

321.] 

By the Commission. 

Karen V. Gregory, 

Secretary. 

[FR Doc. 2011–4060 Filed 2–23–11; 8:45 am] 

BILLING CODE 6730–01–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 503 

[Docket No. 11–01] 

RIN 3072–AC40 

Information Security Program 

AGENCY: Federal Maritime Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Maritime 

Commission (FMC or Commission) 

amends its regulations relating to its 

Information Security Program to reflect 

the changes implemented by Executive 

Order 13526—Classified National 

Security Information—that took effect 

January 5, 2010, and which prescribes a 

uniform system for classifying, 

safeguarding, and declassifying national 

security information, including 

information relating to defense against 

transnational terrorism. 

DATES: Effective February 28, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca A. Fenneman, General Counsel, 

Federal Maritime Commission, 800 

North Capitol Street, NW., Washington, 

DC 20573, (202) 523–5740, 

GeneralCounsel@fmc.gov. 

SUPPLEMENTARY INFORMATION: The FMC 

amends Subpart F of Part 503 of Title 46 


jlentini on DSKJ8SOYB1PROD with RULES