35896 Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 / Proposed Rules

reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Reporting and

recordkeeping requirements, Sulfur

oxides, Volatile organic compounds.

Authority: 42 U.S.C. 7401 et seq.

Dated: June 9, 1998.

Jerry Clifford,

Regional Administrator, Region 6.

[FR Doc. 98–17382 Filed 6–30–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IL163–1b; FRL–6119–1]

Approval and Promulgation of State

Implementation Plan; Illinois

AGENCY: United States Environmental

Protection Agency (USEPA).

ACTION: Proposed rule.

SUMMARY: USEPA is proposing to

approve the October 10, 1997, Illinois

Environmental Protection Agency

(IEPA) request that USEPA change the

regulatory status for Riverside

Laboratories, Inc.’’s (Riverside) Kane

County facility, based on Riverside’s

current compliance with the applicable

State Implementation Plan (SIP) rule. In

the final rules section of this Federal

Register, the USEPA is approving the

State’s request as a direct final rule

without prior proposal because USEPA

views this action as noncontroversial

and anticipates no adverse comments. A

detailed rationale for approving the

State’s request is set forth in the direct

final rule. The direct final rule will

become effective without further notice

unless US EPA receives relevant adverse

written comments or a request for a

public hearing on this proposed rule.

Should USEPA receive such comment,

it will publish a final rule informing the

public that the direct final rule did not

take effect and such public comment

received will be addressed in a

subsequent final rule based on this

proposed rule. If no adverse written

comments or request for a public

hearing are received, the direct final

rule will take effect on the date stated

in that document and no further activity

will be taken on this proposed rule.

USEPA does not plan to institute a

second comment period on this action.

Any parties interested in commenting

on this action should do so at this time.

DATES: Written comments or a request

for a public hearing on this proposed

rule must be received on or before July

31, 1998.

ADDRESSES: Written comments should

be mailed to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air

Programs Branch (AR–18J),

Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

Copies of the State submittal are

available for inspection at: Regulation

Development Section, Air Programs

Branch (AR–18J), Environmental

Protection Agency, Region 5, 77 West

Jackson Boulevard, Chicago, Illinois

60604.

FOR FURTHER INFORMATION CONTACT:

Steven Rosenthal, Air Programs Branch

(AR–18J), Environmental Protection

Agency, Region 5, 77 West Jackson

Boulevard, Chicago, Illinois 60604,

(312) 886–6052.

SUPPLEMENTARY INFORMATION: For

additional information see the direct

final rule published in the final rules

section of this Federal Register.

Dated:June 25, 1998.

Carol M. Browner,

Administrator.

[FR Doc. 98–17518 Filed 6–30–98; 8:45 am]

BILLING CODE 6560–50–U

FEDERAL MARITIME COMMISSION

46 CFR Parts 502, 503, 510, 514, 540,

572, 585, 587 and 588

[Docket No. 98–09]

Update of Existing and Addition of

New Filing and Service Fees

AGENCY: Federal Maritime Commission.

ACTION: Proposed rule.

SUMMARY: The Federal Maritime

Commission (‘‘Commission’’) proposes

to revise its existing fees filing petitions,

complaints, and special docket

application; various public information

services, such as record searches,

document coping and admissions to

practice; filing freight forwarder

applications; various ATFI related

services; passenger vessel performance

and casualty certificate applications;

and agreements. This proposal will

update existing fees to reflect current

costs to the Commission. In addition,

the Commission proposes to add three

new fees for: the publication of the

Regulated Persons Index (‘‘RPI’’) on

diskette, the application to amend a

passenger vessel operators’ Certification

of Financial Responsibility for

Indemnification of Passengers for

Nonperformance of Transportation and

Cetification of Financial Responsibility

to Meet LIability Incurred for Death or

Injury to Passengers or Other Persons on

Voyages (‘‘Certificates’’) for the addition

or substitution of a vessel to the

applicant’s fleet, and the agency’s

review of corrections of clerical errors in

service contracts, as requested by parties

to a service contract.

DATES: Comments due July 31, 1998.

ADDRESSES: Comments (Original and

fifteen copies) to: Joseph C. Polking,

Secretary, Federal Maritime

Commission, 800 North Capitol Street,

N.W., Washington, D.C. 20573–0001.

FOR FURTHER INFORMATION CONTACT:

Sandra L. Kusumoto, Director, Bureau of

Administration, Federal Maritime

Commission, 800 North Capitol Street,

N.W., Washington, D.C. 20573–0001,

(202) 523–5866, E-mail:

sandrak@fmc.gov.

SUPPLEMENTARY INFORMATION: The

Commission is authorized under the

Independent Offices Appropriation Act

(‘‘IOAA’’), 31 U.S.C. § 9701 (1983), to

establish fees for services and benefits

that it provides to specific recipients.

The IOAA provides that each service or

thing of value provided by an agency to

a person by self-sustaining to the extent

possible, and that each charge shall be

fair and based on the costs to the

Government, the value of the service or

thing to the recipient, policy or interest

served, and other relevant facts. 31

U.S.C. § 9701.

The primary guidance for

implementation of IOAA is Office of

Management and Budget (‘‘OMB’’)

Circular A–25, as revised July 8, 1993.

OMB Circular A–25 requires that a

reasonable charge be made to each

recipient for a measurable unit or

amount of Government Service from

which the recipient derives a benefit, in

order that the Government recover the

full cost of rendering that service.

OMB Circular A–25 further provides

that costs be determined or estimated

from the best available records in the

agency, and that cost computations shall

cover the direct and indirect costs to the

Government of carrying out the activity,

including but not limited to: (a) Direct

and indirect personnel costs, including

salaries and fringe benefits such as

medical insurance and retirement. (b)

Physical overhead, consulting, and

other indirect costs including material

and supply costs, utilities, insurance,

travel and rent. (c) The management and

supervisory costs. (d) The costs of

enforcement, collection, research,

establishment of standards, and

regulations, including any required

environmental impact statements.

OMB Circular A–25, paragraphs 6d

(a), (b), (c), and (d).

OMB Circular A–25 also calls for a

periodic reassement of costs, with
Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 / Proposed Rules 35897

1These include leave and holidays, retirement,

worker’s compensation, awards, health and life

insurance, and Medicare. These are expressed as a

percentage of basic pay.

2These costs include all salaries and overhead,

such as rent, utilities, supplies and equipment,

allocated to the Offices of the Commissioner,

Managing Director, General Counsel, and the

Bureau of Administration. The percentage of these

costs to the total agency budget is allocated across

all Commission programs.

3These expenses are limited to the overhead

expenses allocated to those bureau and offices

involved in fee-generating activities, and is derived

from dividing allocated overhead expenses by the

total funding for these fee-generated offices.

related adjustments of fees, if necessary,

and the establishment of new fees where

none exist.

The Commission’s current filing and

service fees have been in effect since

1995. The fees established at that time

are no longer representative of the

Commission’s actual costs for providing

such services. The proposed fees

include, among other costs, salary

increases for several years. The

Commission, accordingly, proposes to

update its fees to reflect current costs to

the Commission.

The Commission proposes the

elimination of several fees. The

Commission proposes the deletion of

fees associated with the provision of

subscription services. These services

will be discontinued because of

diminished public demand for them and

because most of the information can be

found on the Internet, the Commission’s

website or requested from the Office of

the Secretary on an ad hoc basis. Some

fees associated with ATFI Subscriber

Tapes have been eliminated in

accordance with Docket No. 95–13,

Automated Tariff Filing and

Information System. (60 FR 56122,

November 7, 1995).

The Commission also proposes three

new user fees for: the provision of the

RPI on diskette, the issuance of Pub. L.

89–777 Certificates to add or substitute

a vessel to the applicant’s fleet, and the

agency’s review of corrections of clerical

errors in service contracts, as requested

by parties to a service contract under 46

CFR § 514.7(k)(2). Provisions of Parts

585, 587, and 588 are proposed to be

amended to clarify that fees governing

the filing of petitions are applicable.

The Commission has reviewed its

current fees and developed data on the

time and cost involved in providing

particular services to arrive at the

updated direct labor costs for those

services. The direct labor costs include

clerical, professional, supervisory, and

executive time expended on an activity,

plus a check processing cost of $1.40.

The indirect costs include Government

overhead costs, which are fringe

benefits and other wage-related

Government contributions in OMB

Circular A–76 1 Commission general and

administrative expenses 2 and office

general and administrative overhead

expenses.3 The sum of these indirect

cost components gives an indirect cost

factor that is added to the direct labor

costs of an activity to arrive at the fully

distributed cost.

All current fees, except as noted, are

being revised to reflect the higher costs

to the Commission in providing its

services. A detailed summary of the data

used to arrive at the proposed fees is

available from the Secretary of the

Commission upon written request.

The Commission intends to update its

fees biennially in keeping with OMB

guidance. In updating its fees, the

Commission will incorporate changes in

the salaries of its employees into direct

labor costs associated with its services,

and recalculate its indirect costs

(overhead) based on current level of

costs.

The Commission has user fees

currently in effect and the proposed fee

increases primarily reflect the increases

in salary and indirect (overhead) costs.

For some services, the increase in

processing or review time accounts for

the increase in the level of proposed

fees.

The Chairman of the Commission

hereby certifies that these proposed fees

will not have a significant economic

impact on a substantial number of small

entities. The Commission recognizes

that these proposed revisions may have

some impact on the shipping industry.

Fees collected from the general public

for Commission information recover the

cost to the Commission for providing

specific services. Fees for filing

petitions, formal and informal

complaints, and special dockets, in the

Commission’s view, do not impose an

undue burden nor have a chilling effect

on filers. Furthermore, Commission

regulations provide for waiver of fees for

those entities that can make the required

showing of undue hardship. 46 C.F.R.

§ 503.41.

This proposed rule does not contain

any collection of information

requirements as defined by the

Paperwork Reduction Act of 1980, as

amended. Therefore, OMB review is not

required.

List of Subjects

46 CFR Part 502

Administrative practice and

procedure, Claims, Equal Access to

Justice, Investigations, Lawyers, and

Reporting and record keeping

requirements.

46 CFR Part 503

Classified information, Freedom of

Information, Privacy, and Sunshine Act.

46 CFR Part 510

Freight forwarders, Maritime carriers,

Reporting and record keeping

requirements, and Surety bonds.

46 CFR Part 514

Freight, Harbors, Maritime carriers,

and Reporting and record keeping

requirements.

46 CFR Part 540

Insurance, Maritime carriers,

Penalties, Reporting and record keeping

requirements, and Surety bonds.

46 CFR Part 572

Administrative practice and

procedure, Freight, Maritime carriers,

and Reporting and record keeping

requirements.

46 CFR Part 585

Administrative practice and

procedure, Maritime carriers.

46 CFR Part 587

Administrative practice and

procedure, Maritime carriers.

46 CFR Part 588

Administrative practice and

procedure, Investigations, Maritime

carriers.

Pursuant to 5 U.S.C. 553, the

Independent Offices Appropriations

Act, 31 U.S.C. § 9701, and section 17 of

the Shipping Act of 1984, 46 U.S.C. app.

§ 1716, the Commission proposes to

amend title 46 of the Code of Federal

Regulations 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; 12 U.S.C.

1141j(a); 18 U.S.C. 207; 26 U.S.C. 501(c)(3);

28 U.S.C. 2112(a); 31 U.S.C. 9701; 46 U.S.C.

app. 817, 820, 826, 841a 1114(b), 1705, 1707–

1711, 1713–1716; E.O. 11222 of May 8, 1965

(30 FR 6469); 21 U.S.C. 853a; and Pub. L. 88–

777 (46 U.S.C. app. 817d, 817e).

2. The fourth sentence of § 502.51 is

revised to read as follows:

Subpart D—Rulemaking

§ 502.51 Petition for issuance,

amendment, or repeal of rule.

* * * Petitions shall be accompanied

by remittance of a $177 filing fee.
35898 Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 / Proposed Rules

Subpart E—Proceedings; Pleadings;

Motions; Replies

3. Section 502.62(f) is revised to read

as follows:

§502.62 Complaints and fee.

* * * * *

(f) The complaint shall be

accompanied by remittance of a $184

filing fee.

* * * * *

4. Section 502.68(a)(3) is revised to

read as follows:

§ 502.68 Declaratory orders and fee.

(a) * * *

(3) Petitions shall be accompanied by

remittance of a $177 filing fee.

* * * * *

5. Section 502.69(b) is revised to read

as follows:

§ 502.69 Petitions-general and fee.

* * * * *

(b) Petitions shall be accompanied by

remittance of a $177 filing fee. [Rule 69.]

Subpart K—Shortened Procedure

6. The last sentence of § 502.182 is

revised to read as follows:

§ 502.182 Complaint and memorandum of

facts and arguments and filing fee.

* * * The complaint shall be

accompanied by remittance of a $184

filing fee.

[Rule 182.]

Subpart U—Conciliation Service

7. The last sentence of § 502.404(a) is

revised to read as follows:

§ 502.404 Procedure and fee.

(a) * * * The request shall be

accompanied by remittance of a $69

service fee.

* * * * *

PART 503—PUBLIC INFORMATION

8. The authority citation for Part 503

is revised to read as follows:

Authorty: 5 U.S. 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).

§ 503.41 [Amended]

9. In § 503.41, Policy and services

available, paragraph (b)(1) is removed,

and paragraphs (b)(2) and (b)(3) are

redesignated as (b)(1) and (b)(2).

10. In § 503.43, the first two sentences

of paragraph (a)(8), paragraphs (c)(1) (i)

and (ii), the first sentence of paragraph

(c)(2), paragraph (c)(3)(ii) and (iii),

paragraph (c)(4), paragraph (e) and

paragraph (g) are revised; paragraphs

(d), (f) and (h) are removed; revised

paragraphs (e) and (g) are redesignated

paragraphs (d) and (e); and paragraph

(c)(3)(iv) is added to read as follows:

§ 503.43 Fees for services.

(a) * * *

(8) Direct costs means those

expenditures which the agency actually

incurs in searching for and duplicating

(and in the case of commercial

requester, reviewing) documents to

respond to a Freedom of Information

Act request. Direct costs include, for

example, the salary of the employee

performing the work (the basic rate of

pay for the employee plus 17.5 percent

of that rate to cover benefits and the cost

of operating duplicating

machinery.* * *

* * * * *

(c) * * *

(1) * * *

(i) Search will be performed by

clerical/adminstrative personnel at a

rate of $18.00 per hour and by

professional/executive personnel at a

rate of $35.00 per hour.

(ii) Minimum charge for record search

is $18.00.

(2) Charges for review of records to

determine whether they are exempt

from disclosure under § 503.35 shall be

assessed to recover full costs at the rate

of $70.00 per hour.* * *

(3) * * *

(ii) By Commission personnel, at the

rate of five cents per page (one side)

plus $18.00 per hour.

(iii) Minimum charge for copying is

$4.50.

(iv) No charge will be made by the

Commission for notices, decisions,

orders. etc., required by law to be served

on a party to any proceeding or matter

before the Commission. No charge will

be made for single copies of such

Commission issuances individually

requested in person or by mail.

(4) The certification and validation

(with Federal Maritime Commission

seal) of documents filed with or issued

by the Commission will be available at

$55.00 for each certification.

(d) To have one’s name and address

placed on the mailing list of a specific

docket as an interested party to receive

all issuance pertaining to the docket: $8

per proceeding.

(e) Applications for admission to

practice before the Commission for

persons not attorneys at law must be

accompanied by a fee of $86 pursuant

to § 502.27 of the chapter.

Subpart G—Access to Any Record of

Identifiable Personal Information

11. In § 503.63, the introductory texts

of paragraphs (b) and (c) are revised to

read as follows:

§ 503.63 Request for information.

* * * * *

(b) Any individual requesting such

information in person shall personally

appear at the Office of the Secretary,

Federal Maritime Commission, 800

North Capitol Street, NW, Washington,

DC 20573 and shall:

* * * * *

(c) Any individual requesting such

information by mail shall address such

request to the Secretary, Federal

Maritime Commission, 800 North

Capitol Street, NW, Washington, DC

20573 and shall include in such request

the following:

* * * * *

12. In § 503.65, the introductory text

of paragraph (b)(1) and paragraph (b)(2)

are revised to read as follows:

§ 503.65 Request for access to records.

* * * * *

* * *

(1) Any individual making such

request in person shall do so at the

Office of the Secretary, Federal

Maritime Commission, 800 North

Capitol Street, NW, Washington, DC

20573 and shall:

* * * * *

(2) Any individual making a request

for access to records by mail shall

address such request to the Secretary,

Federal Maritime Commission, 800

North Capitol Street, NW, Washington,

DC 20573 and shall include therein a

signed notarized statement to verify his

or her identity.

* * * * *

13. In § 503.67, paragraph (b)(1) is

revised to read as follows:

§ 503.67 Appeals from denial of request

for amendment of a record.

* * * * *

(b) * * *

(1) Be addressed to the Chairman,

Federal Maritime Commission, 800

North Capitol Street, NW, Washington,

DC 20573; and

* * * * *

14. In § 503.69, paragraph (b)(2) is

revised to read as follows:

§ 503.69 Fees.

* * * * *

(b) * * *

(2) The certification and validation

(with Federal Maritime Commission

seal) of documents filed with or issued

by the Commission will be available at

$55 for each certification.

* * * * *
Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 / Proposed Rules 35899

PART 510—LICENSING OF OCEAN

FREIGHT FORWARDERS

15. The authority citation for Part 510

continues to read as follows:

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

U.S.C. app. 1702, 1707, 1709, 1710, 1712,

1714, 1716, and 1718; 21 U.S.C. 862.

Subpart B—Eligibility and Procedure

for Licensing; Bond Requirements

16. Section 510.12(b) is revised to

read as follows:

§ 510.12 Application for license.

(a) * * *

(b) Fee. The application shall be

accompanied by a money order,

certified check or cashier’s check in the

amount of $778 made payable to the

Federal Maritime Commission.

* * * * *

17. The penultimate sentence in

§ 510.14(b) is revised to read as follows:

§ 510.14 Surety bond requirements.

* * * * *

(b) * * *

The fee for such supplementary

investigation shall be $224 payable by

money order, certified check or cashier’s

check to the Federal Maritime

Commission. * * *

* * * * *

18. The first sentence of § 510.19(e) is

revised to read as follows:

§ 510.19 Changes in organization.

* * * * *

(e) Application form and fee.

Applications for Commission approval

of status changes or for license transfer

under paragraph (a) of this section shall

be filed in duplicate with the Director,

Bureau of Tariffs, Certification and

Licensing, Federal Maritime

Commission, on form FMC–18 Rev.,

together with a processing fee of $362,

made payable by money order, certified

check or cashier’s check to the Federal

Maritime Commission. * * *

* * * * *

19. Section 510.26 is added to read as

follows:

§ 510.26 Regulated Persons Index.

The Regulated Persons Index is a

database containing the names,

addresses, phone/fax numbers and

bonding information, where applicable,

of Commission-regulated entities. The

database may be purchased for $84 by

contacting BTCL, Federal Maritime

Commission, Washington, DC 20573.

Contact information is listed on the

Commission’s website at www.fmc.gov.

PART 514—TARIFFS AND SERVICE

CONTRACTS

20. The authority citation for Part 514

continues to read as follows:

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

9701; 46 U.S.C. app. 803, 812, 814–817(a),

820, 833a, 841a, 843, 844, 845, 845a, 845b,

847, 1702–1712, 1714–1716, 1718, 1721 and

1722; and sec. 2(b) of Pub. L. 101–92, 103

Stat. 601.

Subpart B—Service Contracts

21. Section 514.7(K)(2) introductory

text is revised to read as follows:

§ 514.7 Service contracts in foreign

commerce.

* * * * *

(k) * * *

(2) Corrections. Either party to a filed

service contract may request permission

to correct clerical or administrative

errors in the essential terms of a filed

contract. Requests shall be filed, in

duplicate, with the Commission’s Office

of the Secretary within 45 days of the

contract’s filing with the Commission,

accompanied by remittance of a $233

service fee, and shall include:

* * * * *

Subpart C—Form, Content, and Use of

Tariff Data

22. In § 514.21, paragraphs (b)(1),

(b)(2)(i) through (iv), (c), (e)(1), (f), (g),

(i), (j) (l) and (k) are revised; paragraphs

(l) is removed; paragraphs (m) is revised

and redesignated paragraphs (l); and

new paragraphs (m) is added to read as

follows:

§ 514.21 User charges.

* * * * *

(b) User manual (of ATFI ‘‘Guides’’—

§ 514.8(b)).

(1) In diskette form: $39 for diskette(s)

containing all user guides in

WordPerfect 5.0 format.

(2) * * *

(i) Package A: Fundamentals Guide

and System Handbook (125 pages) are

made available jointly and are a

prerequisite for use of either of the

packages in paragraphs (b)(2)(ii) or

(b)(2)(iii): $49.00.

(ii) Package B: Tariff Retrieval Guide:

$49.00.

(iii) Package C: Tariff Filing Guide:

$59.00.

(iv) Package D: All Guides listed in

paragraph (b)(2)(i) through (b)(2)(iii):

$99.00.

* * * * *

(c) Registration for user (filer and/or

retriever ID and password (see exhibit 1

to this part and §§ 514.4(d), 514.8(f) and

514.20)): $174 for initial registration for

firm and one individual; $148 for

additions and changes.

* * * * *

(e) Certification of batch filing

capability (by appointment through the

Office of Information Resources

Management) (§ 514.8(1)).

(1) User charge: $496 per certification

submission (covers all types of tariffs for

which the applicant desires to be

certified as well as recertification

required by substantial charges to the

ATFI system).

* * * * *

(f) Application for special permission

(§ 514.18): $179.

(g) Remote electronic retrieval

(§ 514.20(c)(3)). The fee for remote

electronic access to ATFI electronic data

is 33 cents for each minute of remote

computer access directly to the ATFI

database by any individual.

(h) * * *

(i) Tariff filing fee. The fee for tariff

filing shall be 20 cents per filing object;

the fee for filing service contract

essential terms shall be $1.63 per filing

set.

(j) Daily Subscriber Data (§ 514.20(d)).

(1) Persons requesting download of

daily updates must pay 33 cents per

minute as provided by § 514.21(g).

(2) * * *

(k) Miscellaneous tapes. The fee for

tape data, other than the ATFI database

described in paragraph (j) of this

section, shall be $46 for the initial tape

plus $25 for each additional tape

required.

(l) Access to ATFI data. Official ATFI

tariff data may be directly accessed by

computer by:

(1) Retrievers. Any person may, with

a proper retrieval USERID and

password, enter the official ATFI

database to obtain computer access of

tariff matter, as provided in this part,

but may download ATFI data only

through the ‘‘Print Screen’’ function,

which prints one screen at a time on

paper. The user fee for this computer

access is 33 cents a minute, for which

the user will be billed at the end of each

month.

(2) Filers. Any person with a proper

filer USERID and password may enter

the official ATFI database to obtain

computer access of tariff matter as

provided in this part, but may download

ATFI data only through the ‘‘Print

Screen’’ function, which prints one

screen at a time on paper, and the filer

ATFI-mail-file-transfer function, which

prints the contents of the filer’s ATFI

mail on paper.

(m) Regulated Persons Index. The

Regulated Persons Index is a database

containing the names, addresses, phone/
35900 Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 / Proposed Rules

fax numbers and bonding information,

where applicable, of Commissionregulated entities. The database may be

purchased for $84 by contacting BTCL,

Federal maritime Commission,

Washington, DC 20573. Contact

information is listed on the

Commission’s website at www.fmc.gov.

PART 540—SECURITY FOR THE

PROTECTION OF THE PUBLIC

23. The authority citation for Part 540

continues 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); sec.

43 of the Shipping Act, 1916 (46 U.S.C. app.

841a); sec. 17 of the Shipping Act of 1984 (46

U.S.C. 1716).

Subpart A—Proof of Financial

Responsibility, Bonding and

Certification of Financial

Responsibility for Indemnification of

Passengers for Nonperformance of

Transportation

24. The last sentence in § 540.4(a) and

the last sentence in § 540.4(b) are

revised, and another sentence added to

§ 540.4(b) to read as follows:

§ 540.4 Procedure for establishing

financial responsibility.

(a) * * * Copies of Form FMC–131

may be obtained from the Secretary,

Federal Maritime Commission,

Washington, DC 20573.

(b) * * * An application for a

Certificate (Performance), excluding an

application for the addition or

substitution of a vessel to the

applicant’s fleet, shall be accompanied

by a filing fee remittance of $2,152. An

application for a Certificate

(Performance) for the addition or

substitution of a vessel to the

applicant’s fleet shall be accompanied

by a filing fee remittance of $1,076.

* * * * *

Subpart B—Proof of Financial

Responsibility, Bonding and

Certification of Financial

Responsibility to Meet Liability

Incurred for Death or Injury to

Passengers or Other Persons on

Voyages

25. The last sentence in § 540.23(a)

and the last sentence in § 540.23(b) are

revised, and another sentence added to

§ 540.23(b) to read as follows:

§ 540.23 Procedure for establishing

financial responsibility.

(a) * * * Copies of Form FMC–131

may be obtained from the Secretary,

Federal Maritime Commission,

Washington, DC 20573.

(b) * * * An application for a

Certificate (Casualty), excluding an

application for the addition or

substitution of a vessel to the

applicant’s fleet, shall be accompanied

by a filing fee remittance of $938. An

application for a Certificate (Casualty)

for the addition or substitution of a

vessel to the applicant’s fleet shall be

accompanied by a filing fee remittance

of $469.

* * * * *

PART 572—AGREEMENS BY OCEAN

COMMON CARRIERS AND OTHER

PERSONS SUBJECT TO THE

SHIPPING ACT OF 1984

26. The authority citation for Part 572

continues to read as follows:

Authority: 5. U.S.C. 553; 31 U.S.C. 9701:

46 U.S.C. app. 1701–1707, 1709–1710, 1712

and 1714–1717.

Subpart D—Filing of Agreements

27. Section 572.401(f) is revised to

read as follows:

§ 572.401 General requirements.

* * * * *

(f) Agreement filings for Commission

action requiring an Information Form

and review by the Commission shall be

accompanied by remittance of a $1,666

filing fee; agreement filings for

Commission action not requiring an

Information Form, but requiring review

by the Commission, shall be

accompanied by remittance of a $841

filing fee; agreement filings reviewed

under delegated authority shall be

accompanied by remittance of a $391

filing fee; and agreement filings for

terminal and carrier exempt agreements

shall be accompanied by remittance of

a $131 filing fee.

PART 585—REGULATIONS TO

ADJUST OR MEET CONDITIONS

UNFAVORABLE TO SHIPPING IN THE

FOREIGN TRADE OF THE UNITED

STATES

28. The authority citation for Part 585

continues to read as follows:

Authority: 5 U.S.C. 553; sec. 19(1)(b), (5),

(6), (7), (8), (9), (10), (11) and (12) of the

Merchant Marine Act, 1920, 46 U.S.C. app.

876(1)(b), (5), (6), (7), (8), (9), (10), (11) and

(12); Reorganization Plan No. 7 of 1961, 75

Stat 840; and sec. 10002 of the Foreign

Shipping Practices Act of 1988, 46 U.S.C.

app. 1710a.

Subpart C—Conditions Unfavorable to

Shipping

29. Section 585.402 is revised to read

as follows:

§ 585.402 Filing of petitions.

All requests for relief for conditions

unfavorable to shipping in the foreign

trade shall be by written petition. An

original and fifteen copies of a petition

for relief under the provisions of this

part shall be filed with the Secretary,

Federal Maritime Commission,

Washington, DC 20573. The petition

shall be accompanied by remittance of

a $177 filing fee.

PART 587—ACTIONS TO ADDRESS

CONDITIONS UNDULY IMPAIRING

ACCESS OF U.S.-FLAG VESSELS TO

OCEAN TRADE BETWEEN FOREIGN

PORTS

30. The authority citation for Part 587

continues to read as follows:

Authority: 5 U.S.C. 553; secs. 13(b)(5)

15 and 17 of the Shipping Act of 1984,

46 U.S.C. app. 1712(b)(5), 1714 and

1716; sec. 10002 of the Foreign

Shipping Practices Act of 1988 (46

U.S.C. app. 1710a).

31. Section 587.3(a)(2) is revised to

read as follows:

§ 587.3 Petitions for relief.

(a) * * *

(2) An original and fifteen copies of

such a petition including any

supporting documents shall be filed

with the Secretary, Federal Maritime

Commission, Washington, DC 20573.

The petition shall be accompanied by

remittance of a $177 filing fee.

* * * * *

PART 588—ACTIONS TO ADDRESS

ADVERSE CONDITIONS AFFECTING

U.S. FLAG-CARRIERS THAT DO NOT

EXIST FOR FOREIGN CARRIERS IN

THE UNITED STATES

32. The authority citation for Part 588

continues to read as follows:

Authority: 5 U.S.C. 553; sec. 10002 of the

Foreign Shipping Practices Act of 1988 (46

U.S.C. app. 1710a).

33. Section 588.4(a) is revised to read

as follows:

§ 588.4 Petitions.

(a) A petition for investigation to

determine the existence of adverse

conditions as described in § 588.3 may

be submitted by any person, including

any common carrier, shipper, shippers’

association, ocean freight forwarder, or

marine terminal operator, or any branch,

department, agency, or other component

of the Government of the United States.

Petitions for relief under this part shall

be in writing, and filed in the form of

an original and fifteen copies with the

Secretary, Federal Marine Commission,

Washington, DC 20573. The petition
Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 / Proposed Rules 35901

1See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et

seq., has been amended by the Contract with

America Advancement Act of 1996 Public Law No.

104–121, 110 Stat. 847 (1996) (CWAAA). Title II of

the CWAAA is ‘‘The Small Business Regulatory

Enforcement Fairness Act of 1996’’ (SBREFA).

2See 5 U.S.C. 604.

3 5 U.S.C. 603(b)(3).

4 Id.; 5 U.S.C. 601(6).

5 5 U.S.C. 601(3) (incorporating by reference the

definition of ‘‘small business concern’’ in 15 U.S.C.

632). Pursuant to the RFA, the statutory definition

of a small business applies ‘‘unless an agency, after

consultation with the Office of Advocacy of the

Small Business Administration and after

opportunity for public comment, establishes one or

more definitions of such terms which are

appropriate to the activities of the agency and

publishes such definition(s) in the Federal Register.

5 U.S.C. 601(3).

6Small Business Act, 15 U.S.C. 632 (1996).

shall be accompanied by remittance of

a $177 filing fee.

* * * * *

By the Commission.

Joseph C. Polking,

Secretary.

[FR Doc. 98–17451 Filed 6–30–98; 8:45 am]

BILLING CODE 6730–01–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 2

[CI Docket No. 98–69; FCC 98–97]

Importation of Radio Frequency

Devices Capable of Causing Harmful

Interference

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission has issued

an Order and Notice of Proposed Rule

Making. The Notice of Proposed

Rulemaking (NPRM) proposes that

entities submit FCC Form 740 directly

to the U.S. Customs Service (Customs)

rather than be required to file duplicate

declarations with the FCC and Customs

and to modify the marketing rules

affecting devices imported solely for

export. Under the first proposal, only

the few remaining entities that do not

file the Form 740 electronically with

Customs will be affected. These entities

will be required to file Form 740 with

Customs only. Eliminating the

requirement to file duplicative

information with the FCC reduces the

administrative burden on filers,

particularly small businesses, and

eliminates an FCC record process that is

no longer necessary. The modification

under the second proposal will improve

our ability to enforce the equipment

authorization rules by eliminating a

loophole that has resulted in the

marketing and selling of devices that

could not be authorized in the U.S.

DATES: Comments are due July 31, 1998,

reply comments are due August 17,

1998.

FOR FURTHER INFORMATION CONTACT: Dan

Emrick of the Compliance and

Information Bureau at (202) 418–1175.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Notice of

Proposed Rule Making, CI Docket No.

98–69, FCC 98–97, adopted May 18,

1998, and released June 5, 1998. The

full text of this Order and Notice of

Proposed Rulemaking is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239) 1919 M Street, NW,

Washington, DC. The complete text may

be purchased from the Commission’s

copy contractor, International

Transcription Services, 2100 M Street

NW, Washington, DC 20037, telephone

(202) 857–3800 (phone), (202) 857–3805

(facsimile), 1231 20th St., N.W.,

Washington, D.C. 20036.

Summary of Proposed Rule Making

1. In this Notice of Proposed

Rulemaking, we seek comment on two

proposals involving the importation of

radio frequency devices. First, we

propose that entities submit FCC Form

740 directly to the U.S. Customs Service

(Customs) rather than be required to file

duplicate declarations with the FCC and

Customs. Under this proposal, only the

few remaining entities that do not file

the Form 740 electronically with

Customs will be affected. These entities

will be required to file Form 740 with

Customs only. Any compliance

information needed by the FCC is

infrequently needed on a case by case

basis and would be readily available

from Customs. Eliminating the

requirement to file duplicative

information with the FCC reduces the

administrative burden on filers,

particularly small businesses, and

eliminates an FCC record process that is

no longer necessary.

2. Next, we seek comment on our

proposal to modify the marketing rules

affecting devices imported solely for

export. This modification will improve

our ability to enforce the equipment

authorization rules by eliminating a

loophole that has resulted in the

marketing and selling of devices that

could not be authorized in the U.S.

Initial Regulatory Flexibility Analysis

3. As required by the Regulatory

Flexibility Act (RFA),1 the Commission

has prepared an Initial Regulatory

Flexibility Analysis (IRFA) of the

expected economic impact on small

entities by the policies and rules

proposed in this Order and Notice of

Proposed Rule Making (Notice). Written

public comments are requested on the

IRFA. Comments must be identified as

responses to the IRFA and must be filed

by the deadlines for comments in the

Notice. The Office of Public Affairs,

Reference Operations Division will send

a copy of this Notice, including the

IRFA, to the Chief Counsel for Advocacy

of the Small Business Administration.2

I. Need For and Purpose of This Action

4. This Notice reexamines the rules

specifying procedures for importation of

radio frequency devices. It seeks

information that will assist the

Commission in determining whether

current rules can be simplified and

made more easy to enforce. It will also

reduce the administrative burden on

both the Commission and the public.

II. Description and Estimate of Number

of Small Businesses to Which Rules

Will Apply

5. The RFA directs agencies to

provide a description of, and, where

feasible, an estimate of the number of

small entities that may be affected by

the proposed rules, if adopted.3 The

RFA generally defines the term ‘‘small

entity’’ as having the same meaning as

the terms ‘‘small business,’’ ‘‘small

organizations,’’ and ‘‘small

governmental jurisdiction’’.4 In

addition, the term ‘‘small business’’ has

the same meaning as the term ‘‘small

business concern’’ under the Small

Business Act.5 A small business concern

is one which: (1) Is independently

owned and operated; (2) is not

dominant in its field of operation; and

(3) satisfies any additional criteria

established by the Small Business

Administration (SBA).6 The

Commission will need to receive more

data regarding the brokers who

currently file Forms 740 with the

Commission, rather than filing them

electronically through the U.S. Customs

Service (Customs). We estimate that 800

of these forms are filed per month,

presumably by smaller firms that do not

subscribe to the Customs electronic

filing system due to the relatively small

number of FCC declarations that they

handle. While there is no readily

apparent link between the number of

paper filings per month and the number

of entities submitting the declarations,

we presume most of the entities

involved are small businesses or

individuals. These entities will continue

to be subject to the requirement to

submit FCC Form 740 documents, but

only to one government agency, not two.

They will address and mail only one