14318 Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Amend § 180.910, by adding 

alphabetically the following inert 

ingredients to the table to read as 

follows: 

§ 180.910 Inert ingredients used pre- and 

post-harvest; exemptions from the 

requirement of a tolerance. 

* * * * * 

Inert ingredients Limits Uses 

*******

Sodium DL-lactate (CAS Reg. No. 72–17–3) ................................................................................ ........................................ Surfactant. 

* * * * * * * 

Sodium L-lactate (CAS Reg. No. 867–56–1) ................................................................................. ........................................ Surfactant. 

* * * * * * * 

[FR Doc. 2015–06373 Filed 3–18–15; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 502 

[Docket No. 15–01] 

RIN 3072–AC59 

Amendments to Rules Governing 

Service of Private Party Complaints 

and Documents Containing 

Confidential Materials 

AGENCY: Federal Maritime Commission. 

ACTION: Direct final rule, request for 

comments. 

SUMMARY: The Federal Maritime 

Commission proposes to amend its rules 

governing service of private party 

complaints and the filing of documents 

containing confidential material. These 

revisions will add clarifying 

instructions for parties to proceedings. 

DATES: This rule will become effective 

June 24, 2015 unless significant adverse 

comments are filed prior to May 26, 

2015. 

ADDRESSES: Address all comments 

concerning this proposed rule to: Karen 

V. Gregory, Secretary, Federal Maritime 

Commission, 800 North Capitol Street 

NW., Washington, DC 20573–0001, 

Phone: (202) 523–5725, Email: 

secretary@fmc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Karen V. Gregory, Secretary, Federal 

Maritime Commission, 800 North 

Capitol Street NW., Washington, DC 

20573–0001, Phone: (202) 523–5725, 

Email: secretary@fmc.gov. 

SUPPLEMENTARY INFORMATION: 

46 CFR 502.5 

The Commission proposes to amend 

§ 502.5 of title 46 of the Code of Federal 

Regulations in order to instruct parties 

on how to request confidential 

treatment of their documents and how 

to mark confidential material. The 

revision requires segregation and clear 

marking of confidential and nonconfidential information. The current 

confidentiality provisions in part 502 

will benefit from a more consistent 

format. 

The revisions also correct an 

erroneous reference to 

§ 502.201(i)(1)(vii) in the introductory 

text to § 502.5. The reference to 

§ 502.201(i)(1)(vii) in the introductory 

text was intended to refer to 

confidential information within 

protective orders, but the currently cited 

provision does not exist. The revision 

corrects the citation to 

§ 502.201(j)(1)(vii). 

46 CFR 502.113 

The Commission proposes to amend 

§ 502.113 of title 46 of the Code of 

Federal Regulations concerning service 

of private party complaints. 46 U.S.C. 

41301 requires the Commission to 

‘‘provide a copy of the complaint to the 

person named in the complaint.’’ This 

revision would clarify and memorialize 

that the Commission will use U.S. mail 

or express mail to serve the complaint. 

A notice is published, and will continue 

to be published, in the Federal Register 

for each private party complaint for 

formal adjudication that is filed with the 

Commission. Additionally, a full copy 

of the formal complaint is available on 

the Commission’s Web site, 

www.fmc.gov, and available in the 

Commission’s Docket Library. The 

proposed rule continues to allow for 

alternative service by other means by 

the Complainant but specifies that it 

may only do so after the complaint has 

been filed with the Commission and 

must inform the Commission of the 

method, time, and place of service. To 

conform to this clarification, 46 CFR 

502.62(b)(1) is amended to clarify the 

time an answer to the complaint is due. 

Sections 502.304 and 502.305 are also 

revised to reflect that the Secretary will 

also serve small claims complaints filed 

pursuant to 46 CFR subpart S. 

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 set forth in the 

preamble, 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; 18 U.S.C. 207; 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. 

Subpart A—General Information 

■ 2. Revise § 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 for which confidential 

treatment is sought or information 

previously designated as confidential 

pursuant to §§ 502.13, 502.167, 

502.201(j)(1)(vii), or any other rules of 

this part, or for which a request for 

protective order pursuant to § 502.201(j) 

is pending, are subject to the following 

requirements: 

(a) Two versions of filings. Two 

versions of documents must be filed if 

a document: 

(1) Contains information previously 

designated by the Commission or 

presiding officer as confidential; or 

(2) Contains information for which 

confidential treatment is sought. Except 


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Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations 14319 

as specified below, both versions must 

be filed in accordance with the 

requirements of § 502.2. 

(i) Confidential version. The 

confidential filing must include a cover 

page marked ‘‘Confidential-Restricted.’’ 

The specific confidential information 

must be conspicuously and clearly 

marked on each page, for example by 

highlighting or bracing. If 

confidentiality will end on a date 

certain or upon the occurrence of an 

event, this must be stated on the cover, 

e.g., ‘‘CONFIDENTIAL UNTIL [DATE],’’ 

or ‘‘CONFIDENTIAL DURING JUDICIAL 

REVIEW.’’ The confidential version of a 

document may be provided to the 

presiding officer by email but should 

not be filed with the Office of the 

Secretary by email. 

(ii) Public version. Within three 

business days of filing a confidential 

version of a filing, a public version must 

be filed. The public version must 

indicate on the cover page and on each 

affected page ‘‘Public Version— 

confidential materials excluded.’’ The 

public version must clearly indicate any 

information withheld, for example with 

blackout or braces, and its pagination 

and depiction of text on each page must 

be identical to that of the confidential 

version. For example, the confidential 

filing may read: ‘‘On January 1, 2005, 

complainant entered into a {25} year 

lease with respondent for a monthly 

rent of {$1,000}.’’ The public version 

would read: ‘‘On January 1, 2005, 

complainant entered into a { } year lease 

with respondent for a monthly rent of 

{ }.’’ Public versions of confidential 

filings may be filed with the Secretary 

and presiding officer by email. 

(iii) Exhibits. Confidential information 

in exhibits should be marked as 

specified above. If marking within the 

text is not feasible, individual pages 

may be replaced in the public version 

with a page indicating that confidential 

material is excluded. Entire exhibits 

should not be excluded, only those 

pages containing confidential material. 

(b) Motion for confidential treatment. 

If confidentiality is sought for a filing 

containing information not previously 

designated as confidential by the 

Commission or presiding officer, the 

confidential filing must be accompanied 

by a motion justifying confidential 

treatment. This motion must identify 

the specific information in a document 

for which protection is sought and show 

good cause by demonstrating that the 

information is a trade secret or other 

confidential research, development, or 

commercial information pursuant to 

§ 502.201(j)(1)(vii). The burden is on the 

party that wants to protect the 

information to show good cause for its 

protection. A motion is not required for 

information, including personal privacy 

and financial account numbers, 

redacted pursuant to § 502.13, Privacy 

protection for filings made with the 

Commission. 

(c) Use of confidential information. 

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 decision in the 

proceeding. [Rule 5.] 

Subpart E—Proceeding; Pleadings; 

Motions; Replies 

§ 502.62 [Amended] 

■ 3. Amend § 502.62(b)(1) by adding ‘‘or 

the Complainant’’ after the phrase 

‘‘service of the complaint by the 

Commission’’. 

■ 4. Revise the heading for subpart H to 

read as follows: 

Subpart H—Service of Documents 

■ 5. Revise § 502.113 to read as follows: 

§ 502.113 Service of private party 

complaints. 

(a) Complaints filed pursuant to 

§ 502.62, amendments to complaints 

(unless otherwise authorized by the 

presiding officer pursuant to 

§ 502.66(b)), small claims complaints 

filed pursuant to § 502.304, and 

Complainant’s memoranda filed in 

shortened procedure cases pursuant to 

§ 502.182, will be served by the 

Secretary of the Commission. 

(b) The Secretary will serve the 

complaint using first class mail or 

express mail service at the Respondent’s 

address provided by the Complainant. If 

the complaint cannot be delivered, for 

example if the complaint is returned as 

undeliverable or not accepted for 

delivery, the Secretary will notify the 

Complainant. 

(c) Alternative service by 

Complainant. The Complainant may 

serve the Complaint at any time after it 

has been filed with the Commission. If 

Complainant serves the complaint, an 

affidavit setting forth the method, time 

and place of service must be filed with 

the Secretary within five days following 

service. 

(d) The presiding officer may dismiss 

a complaint that has not been served 

within thirty (30) days after the 

complaint was filed. [Rule 113.] 

Subpart S—Informal Procedure for 

Adjudication of Small Claims 

■ 6. Revise § 502.304(d) to read as 

follows: 

§ 502.304 Procedure and filing fee. 

* * * * * 

(d) A copy of each claim filed under 

this subpart, with attachments, shall be 

served by the Secretary on the 

respondent named in the claim. 

* * * * * 

■ 7. Revise § 502.305(b) to read as 

follows: 

§ 502.305 Applicability of other rules of 

this part. 

* * * * * 

(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 through 502.23 (Appearance, 

Authority for representation, Notice of 

appearance; substitution and 

withdrawal of representative); 502.43 

(Substitution of parties); 502.101 

(Computation); 502.113 (Service of 

private party complaints); 502.117 

(Certificate of service); 502.253 (Interest 

in reparation proceedings); and 502.254 

(Attorney’s fees in reparation 

proceedings). [Rule 305.] 

Karen V. Gregory, 

Secretary. 

[FR Doc. 2015–06239 Filed 3–18–15; 8:45 am] 

BILLING CODE 6730–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 222 

[Docket No. 140829733–5046–02] 

RIN 0648–BE35 

2015 Annual Determination To 

Implement the Sea Turtle Observer 

Requirement 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: The National Marine 

Fisheries Service (NMFS) publishes its 

final Annual Determination (AD) for 

2015, pursuant to its authority under the 

Endangered Species Act (ESA). Through 

the AD, NMFS identifies U.S. fisheries 

operating in the Atlantic Ocean, Gulf of 

Mexico, and Pacific Ocean that will be 

required to take observers upon NMFS’ 

request. The purpose of observing 


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