[Federal Register Volume 63, Number 126 (Wednesday, July 1, 1998)]
[Proposed Rules]
[Pages 35896-35901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17451]


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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.

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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: 
<a href="/cdn-cgi/l/email-protection#cdbeaca3a9bfaca68daba0aee3aaa2bb"><span class="__cf_email__" data-cfemail="6f1c0e010b1d0e042f09020c41080019">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Commission is authorized under the 
Independent Offices Appropriation Act (``IOAA''), 31 U.S.C. Sec. 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. Sec. 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

[[Page 35897]]

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 
Sec. 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.
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    \1\ These include leave and holidays, retirement, worker's 
compensation, awards, health and life insurance, and Medicare. These 
are expressed as a percentage of basic pay.
    \2\ These 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.
    \3\ These 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.
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    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. Sec. 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. Sec. 9701, and section 17 of the Shipping Act of 1984, 
46 U.S.C. app. Sec. 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 Sec. 502.51 is revised to read as 
follows:

Subpart D--Rulemaking


Sec. 502.51  Petition for issuance, amendment, or repeal of rule.

    * * * Petitions shall be accompanied by remittance of a $177 filing 
fee.

[[Page 35898]]

Subpart E--Proceedings; Pleadings; Motions; Replies

    3. Section 502.62(f) is revised to read as follows:


Sec. 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:


Sec. 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:


Sec. 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 Sec. 502.182 is revised to read as follows:


Sec. 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 Sec. 502.404(a) is revised to read as 
follows:


Sec. 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).


Sec. 503.41   [Amended]

    9. In Sec. 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 Sec. 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:


Sec. 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 Sec. 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 Sec. 502.27 of the chapter.

Subpart G--Access to Any Record of Identifiable Personal 
Information

    11. In Sec. 503.63, the introductory texts of paragraphs (b) and 
(c) are revised to read as follows:


Sec. 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 Sec. 503.65, the introductory text of paragraph (b)(1) and 
paragraph (b)(2) are revised to read as follows:


Sec. 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 Sec. 503.67, paragraph (b)(1) is revised to read as follows:


Sec. 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 Sec. 503.69, paragraph (b)(2) is revised to read as follows:


Sec. 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.
* * * * *

[[Page 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:


Sec. 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 Sec. 510.14(b) is revised to read 
as follows:


Sec. 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 Sec. 510.19(e) is revised to read as 
follows:


Sec. 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:


Sec. 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:


Sec. 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 Sec. 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:


Sec. 514.21  User charges.

* * * * *
    (b) User manual (of ATFI ``Guides''--Sec. 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 Secs. 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) 
(Sec. 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 (Sec. 514.18): $179.
    (g) Remote electronic retrieval (Sec. 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 (Sec. 514.20(d)).
    (1) Persons requesting download of daily updates must pay 33 cents 
per minute as provided by Sec. 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/

[[Page 35900]]

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 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 Sec. 540.4(a) and the last sentence in 
Sec. 540.4(b) are revised, and another sentence added to Sec. 540.4(b) 
to read as follows:


Sec. 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 Sec. 540.23(a) and the last sentence in 
Sec. 540.23(b) are revised, and another sentence added to 
Sec. 540.23(b) to read as follows:


Sec. 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:


Sec. 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:


Sec. 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:


Sec. 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:


Sec. 588.4  Petitions.

    (a) A petition for investigation to determine the existence of 
adverse conditions as described in Sec. 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

[[Page 35901]]

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


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