[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]
[Rules and Regulations]
[Pages 50679-50685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19078]


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FEDERAL MARITIME COMMISSION

46 CFR Part 501

[Docket No. 21-07]
RIN 3027-AC88


Internal Commission Organization and Delegations of Authority

AGENCY: Federal Maritime Commission.

ACTION: Final rule.

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SUMMARY: The Federal Maritime Commission (Commission) amends its rules 
governing the Commission's organization and the delegation and 
redelegation of authorities. These regulatory changes also reflect the 
implementation of the Commission's Agency Reform and Long-Term 
Workforce Plan.

DATES: This final rule is effective September 10, 2021.

FOR FURTHER INFORMATION CONTACT: Rachel E. Dickon, Secretary. Phone: 
(202) 523-5725. Email: <a href="/cdn-cgi/l/email-protection#7d0e181e0f18091c0f043d1b101e531a120b"><span class="__cf_email__" data-cfemail="4b382e28392e3f2a39320b2d2628652c243d">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Final Rule

    Part 501 describes the basic statutory requirements of the 
Commission, the internal structure of the Commission, the functions of 
the Commission's organizational component offices, and outlines the 
delegation of the Commission's duties and authorities to these offices. 
The final rule reflects changes made as part of the Commission's Agency 
Reform and Long-Term Workforce Plan, developed under the guidance of 
Office of Management and Budget Memorandum 17-22, Comprehensive Plan 
for Reforming the Federal Government and Reducing the Federal Civilian 
Workforce,\1\ as well as subsequent organizational changes. The 
Commission is amending its rules at 46 CFR part 501 to reflect the 
realignment of various offices and the elimination of certain 
positions, clarify the authority of office heads to delegate duties in 
their absence, and eliminate or modify certain out-of-date provisions.
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    \1\ https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2017/M-17-22.pdf.
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    In addition to making necessary updates to part 501, the final rule 
streamlines the information provided in part 501, removing certain 
information that the Commission will instead publish on its website or 
that is currently provided in other parts of the Code of Federal 
Regulations. The chart below describes the existing sections in part 
501 and the nature of the changes made in the final rule.

------------------------------------------------------------------------
                           Summary of existing     Changes made in this
        Section                  section                final rule
------------------------------------------------------------------------
501.1..................  Purpose of part 501....  Retain in part 501 and
                                                   revise to reflect the
                                                   changes below.
501.2..................  Lists the Commission's   Retain in part 501 and
                          statutory functions      update.
                          and describes the
                          terms, appointment,
                          and regulations that
                          apply to the
                          Commissioners.

[[Page 50680]]

 
501.3..................  Discusses outline of     Retain in part 501 and
                          the FMC's                revise to include
                          organizational           brief description of
                          components and           each organizational
                          references the           component and
                          organizational chart     reference the FMC
                          in appendix A.           website.
501.4..................  Provides the lines of    Remove from part 501
                          responsibility and the   and provide this
                          offices/components       information via the
                          that report to the       organizational chart
                          Chairman, the            on the Commission
                          Commission, and the      website.
                          Office of the Managing
                          Director.
501.5..................  Provides detailed        Remove from part 501
                          descriptions of the      and streamline the
                          functions of each        descriptions of the
                          organizational           functions of the
                          component and includes   organizational
                          cross references to      components in Sec.
                          part 501, subpart C      501.3.
                          (delegations of
                          authority).
501.11.................  Description of the       Remove from part 501
                          official seal.           and publish on the
                                                   Commission's website.
501.21.................  Identifies the           Retain in part 501 and
                          authority upon which     update.
                          the FMC may delegate
                          its authority within
                          the FMC. Provides
                          general delegations of
                          authority and rules
                          relating to such
                          delegations.
501.23-.27.............  Contains specific        Retain delegations in
                          delegations of           part 501 and revise.
                          authority to the
                          General Counsel, the
                          Secretary, Managing
                          Director, Director of
                          the Bureau of
                          Certification and
                          Licensing, and the
                          Director of the Bureau
                          of Trade Analysis.
501.41.................  Provides procedures      Remove from part 501
                          related to how the       because part 503
                          public may secure and    provides information
                          request information.     on how to file an
                                                   information request.
Appendix A.............  Organizational Chart...  Remove from part 501
                                                   and continue to
                                                   publish on the
                                                   Commission's website.
------------------------------------------------------------------------

    Because the changes made in this proceeding reflect changes made to 
the internal procedure and organization of the Commission, and are 
routine and administrative, this rule is published as final. See 5 
U.S.C. 553(b)(A) (excluding rules of agency organization, procedure, 
and practice from the notice and comment requirements of the 
Administrative Procedure Act).

II. Rulemaking Analyses and Notices

Congressional Review Act

    The final rule is not a ``rule'' as defined by the Congressional 
Review Act (CRA), codified at 5 U.S.C. 801 et seq., and is not subject 
to the provisions of the CRA. The CRA adopts the Administrative 
Procedure Act's definition of a ``rule'' in 5 U.S.C. 551, subject to 
certain exclusions. See 5 U.S.C. 804(3). In particular, the CRA does 
not apply to rules relating to agency management and personnel and 
rules of agency organization, procedure, and practice that do not 
substantially affect the rights or obligations of non-agency parties. 
Id. This final rule relates to agency management and personnel as well 
as agency organization, procedures, and practices. Specifically, the 
final rule reflects changes to the internal management structure of the 
Commission, the elimination and addition of certain positions, and 
updates to out-of-date provisions regarding the Commission's internal 
organization. Neither the regulated community nor the public are 
substantially affected by these internal organizational changes. 
Therefore, the final rule is not a ``rule'' under the CRA and is not 
subject to the CRA's requirements.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (codified as amended at 5 U.S.C. 
601-612) provides that whenever an agency promulgates a final rule 
after being required to publish a notice of proposed rulemaking under 
the Administrative Procedure Act (APA) (5 U.S.C. 553), the agency must 
prepare and make available for public comment a final regulatory 
flexibility analysis (FRFA) describing the impact of the rule on small 
entities. 5 U.S.C. 604. An agency is not required to publish a FRFA, 
however, for the following types of rules, which are excluded from the 
APA's notice-and-comment requirement: Interpretive rules; general 
statements of policy; rules of agency organization, procedure, or 
practice; and rules for which the agency for good cause finds that 
notice and comment is impracticable, unnecessary, or contrary to public 
interest. See 5 U.S.C. 553(b). As explained above, this final rule is a 
rule of agency organization, procedure, or practice. Therefore, the APA 
does not require publication of a notice of proposed rulemaking in this 
instance, and the Commission is not required to prepare a FRFA.

National Environmental Policy Act

    The Commission's regulations categorically exclude certain 
rulemakings from any requirement to prepare an environmental assessment 
or an environmental impact statement because they do not increase or 
decrease air, water, or noise pollution or the use of fossil fuels, 
recyclables, or energy. 46 CFR 504.4. This final rule makes changes to 
the Commission's internal organization and management structure, and 
thus falls within the categorical exclusion for matters related to 
Commission personnel. See 46 CFR 504.4(a)(28). Therefore, no 
environmental assessment or environmental impact statement is required.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521) requires 
an agency to seek and receive approval from the Office of Management 
and Budget (OMB) before collecting information from the public. 44 
U.S.C. 3507. The agency must submit collections of information in rules 
to OMB in conjunction with the publication of the notice of proposed 
rulemaking. 5 CFR 1320.11. This final rule does not contain any 
collections of information, as defined by 44 U.S.C. 3502(3) and 5 CFR 
1320.3(c).

Effective Date

    The Administrative Procedure Act generally requires that a rule may 
not go into effect earlier than 30 days after publication in the 
Federal Register, unless an agency finds good cause for prescribing an 
earlier effective date. See 5 U.S.C. 553(c)(3). As described above, the 
final rule reflects internal organizational changes that have already 
been made as part of the of the Commission's Agency Reform and Long-
Term Workforce Plan, and these changes do not materially affect 
regulated entities or the public. Accordingly, a delayed effective date 
is unnecessary, and the Commission finds that good cause exists for 
this rule to go into effect immediately upon publication in the Federal 
Register.

[[Page 50681]]

Executive Order 12988 (Civil Justice Reform)

    This rule meets the applicable standards in E.O. 12988 titled, 
``Civil Justice Reform,'' to minimize litigation, eliminate ambiguity, 
and reduce burden. Section 3(b) of E.O. 12988 requires agencies to make 
every reasonable effort to ensure that each new regulation: (1) Clearly 
specifies the preemptive effect; (2) clearly specifies the effect on 
existing Federal law or regulation; (3) provides a clear legal standard 
for affected conduct, while promoting simplification and burden 
reduction; (4) clearly specifies the retroactive effect, if any; (5) 
adequately defines key terms; and (6) addresses other important issues 
affecting clarity and general draftsmanship under any guidelines issued 
by the Attorney General. This document is consistent with that 
requirement.

Regulation Identifier Number

    The Commission assigns a regulation identifier number (RIN) to each 
regulatory action listed in the Unified Agenda of Federal Regulatory 
and Deregulatory Actions (Unified Agenda). The Regulatory Information 
Service Center publishes the Unified Agenda in April and October of 
each year. You may use the RIN contained in the heading of this 
document to find this action in the Unified Agenda, available at http://www.reginfo.gov/public/do/eAgendaMain.

List of Subjects in 46 CFR Part 501

    Authority delegations, Commission organization and functions.


0
For the reasons stated in the preamble, the Commission revises 46 CFR 
part 501 to read as follows:

PART 501--THE FEDERAL MARITIME COMMISSION--GENERAL

Subpart A--Organization and Functions
Sec.
501.1 Purpose.
501.2 General.
501.3 The Commission's organizational components and their 
functions.
Subpart B--Delegation and Redelegation of Authorities
501.11 Delegation of authorities.
501.12 Delegation to the General Counsel.
501.13 Delegation to the Secretary.
501.14 Delegation to and redelegation by the Managing Director.
501.15 Delegation to the Chief Financial Officer.
501.16 Delegation to and redelegation by the Director, Bureau of 
Certification and Licensing.
501.17 Delegation to and redelegation by the Director, Bureau of 
Trade Analysis.

    Authority:  5 U.S.C. 551-557, 571-584, 701-706, 2903, and 6304; 
31 U.S.C. 3721; 41 U.S.C. 414 and 418; 44 U.S.C. 501-520 and 3501-
3520; 46 U.S.C. 40101-41309, 42101-42109, 44101-44106, and 46101-
46108; 5 CFR part 2638.

Subpart A--Organization and Functions


Sec.  501.1   Purpose.

    This part describes the organization, functions, and the delegation 
of authority within, the Federal Maritime Commission (``Commission'').


Sec.  501.2   General.

    (a) Statutory functions. The Commission regulates common carriers 
by water and other persons involved in the oceanborne foreign commerce 
of the United States under provisions of title 46, subtitle IV of the 
United States Code and other applicable statutes.
    (b) Establishment and composition of the Commission. The Commission 
was established as an independent agency by Reorganization Plan No. 7 
of 1961, effective August 12, 1961, and is composed of five 
Commissioners (``Commissioners'' or ``members''), appointed by the 
President, by and with the advice and consent of the Senate. Not more 
than three Commissioners may be appointed from the same political 
party. The President designates one of the Commissioners to serve as 
the Chairman of the Commission (``Chairman'').
    (c) Terms and vacancies--(1) Length of terms. The term of each 
member of the Commission is five years and begins when the term of the 
predecessor of that member ends (i.e., on June 30 of each successive 
year).
    (2) Removal. The President may remove a Commissioner for 
inefficiency, neglect of duty, or malfeasance in office.
    (3) Vacancies. A vacancy in the office of any Commissioner is 
filled in the same manner as the original appointment. An individual 
appointed to fill a vacancy is appointed only for the unexpired term of 
the individual being succeeded.
    (4) Term limits--(i) Commissioners initially appointed and 
confirmed before December 18, 2014. When a Commissioner's term ends, 
the Commissioner may continue to serve until a successor is appointed 
and qualified.
    (ii) Commissioners initially appointed and confirmed on or after 
December 18, 2014. (A) When a Commissioner's term ends, the 
Commissioner may continue to serve until a successor is appointed and 
qualified, limited to a period not to exceed one year.
    (B) No individual may serve more than two terms, except that an 
individual appointed to fill a vacancy may serve two terms in addition 
to the remainder of the term for which the predecessor of that 
individual was appointed.
    (d) Quorum. A vacancy or vacancies in the Commission shall not 
impair the power of the Commission to execute its functions. The 
affirmative vote of a majority of the members of the Commission is 
required to dispose of any matter before the Commission. For purposes 
of holding a formal meeting for the transaction of the business of the 
Commission, the actual presence of two Commissioners shall be 
sufficient. Proxy votes of absent members shall be permitted.
    (e) Meetings; records; rules and regulations. The Commission shall, 
through its Secretary, keep a true record of all its meetings and the 
yea-and-nay votes taken therein on every action and order approved or 
disapproved by the Commission. In addition to or in aid of its 
functions, the Commission adopts rules and regulations in regard to its 
powers, duties, and functions under the shipping statutes it 
administers.


Sec.  501.3   The Commission's organizational components and their 
functions.

    (a) Office of the Chairman of the Federal Maritime Commission--(1) 
General. The Chairman is the chief executive and administrative officer 
of the Commission. In addition, the Chairman, as ``head of the 
agency,'' has certain responsibilities under Federal laws and 
directives not specifically related to shipping.
    (2) Management and supervision. The Chairman provides management 
direction to the Office of Equal Employment Opportunity, Office of the 
Secretary, Office of the General Counsel, Office of the Administrative 
Law Judges, and Office of the Managing Director. Subject to the 
approval of the Commission, the Chairman appoints the heads of the 
major organizational units, which include the Office of the Secretary, 
Office of the General Counsel, Office of the Administrative Law Judges, 
Office of the Managing Director, Bureau of Trade Analysis, Bureau of 
Certification and Licensing, Bureau of Enforcement, and Office of 
Consumer Affairs and Dispute Resolution Services. The Chairman appoints 
or designates and oversees the Director, Office of Equal Employment 
Opportunity, who advises and assists the Chairman, the Commissioners, 
and other principal officers of the Commission in carrying out their 
responsibilities relative to Titles VI and VII of the Civil Rights Act

[[Page 50682]]

of 1964 (as amended), other laws, Executive orders, and regulatory 
guidelines affecting affirmative employment and the processing of equal 
employment opportunity (EEO) complaints.
    (b) Commissioners. The members of the Commission, including the 
Chairman, implement various shipping statutes and related directives by 
rendering decisions, issuing orders, and adopting and enforcing rules 
and regulations governing persons subject to the shipping statutes.
    (1) The Office of Inspector General (OIG) reports to and is under 
the general supervision of the Commissioners. The OIG is an independent 
and objective oversight office created within the Commission that 
conducts audits and investigations relating to the programs and 
operations of the Commission and recommends policies designed to 
promote economy, efficiency, and effectiveness in the administration 
of, and to prevent and detect waste, fraud, and abuse in, such programs 
and operations.
    (2) [Reserved]
    (c) Office of the Secretary. The Office of the Secretary is 
responsible for the preparation, maintenance and disposition of the 
Commission's official files and records; overseeing the Commission's 
website; and managing the Commission's library and related services. 
The Office of the Secretary also administers the Commission's Freedom 
of Information Act, Privacy Act, and Government in the Sunshine Act 
responsibilities, with the Secretary serving as the Freedom of 
Information Act and Privacy Act Officer.
    (d) Office of the General Counsel--(1) General. The Office of the 
General Counsel provides legal services to the Commission and to the 
Commission staff, and manages the Commission's international affairs 
functions.
    (2) Designated Agency Ethics Official. The Designated Agency Ethics 
Official and Alternate are agency employees in the Office of the 
General Counsel formally designated to coordinate and manage the ethics 
program and serve as the Commission's designee(s) to the Office of 
Government Ethics on such matters.
    (e) Office of Administrative Law Judges. The Office of 
Administrative Law Judges holds hearings and renders initial decisions 
in adjudicatory proceedings as provided in 46 U.S.C. chapters 401-413 
and 441 and other applicable laws, and other matters assigned by the 
Commission, in accordance with the Administrative Procedure Act and the 
Commission's Rules of Practice and Procedure in part 502 of this 
chapter.
    (f) Office of the Managing Director--(1) General duties of the 
Managing Director--(i) Chief Operating Officer. The Managing Director 
is responsible to the Chairman for the management and coordination of 
Commission programs managed by the Director of Enterprise Services; 
Office of Budget and Finance; Office of Consumer Affairs and Dispute 
Resolution Services; Office of Human Resources; Office of Information 
Technology; Office of Management Services; Bureau of Certification and 
Licensing; Bureau of Trade Analysis; Bureau of Enforcement; and the 
Commission's Area Representatives, as more fully described in 
paragraphs (f)(2) and (3) of this section, and thereby implements the 
regulatory policies of the Commission and the administrative policies 
and directives of the Chairman.
    (ii) Administrative direction. The Managing Director provides 
administrative direction to all organizational components, except for 
the OIG.
    (2) General duties. The Office of the Managing Director interprets 
and administers governmental policies and programs in a manner 
consistent with Federal guidelines, including those involving financial 
management, human resources, information technology, and procurement. 
The Office of the Managing Director is responsible for directing and 
administering the Commission's training and development function.
    (3) Management and supervision. Other officers and offices under 
the management direction of the Managing Director are as follows:
    (i) Director, Enterprise Services. The Director, Enterprise 
Services (D/ES) is the Commission's Chief Financial Officer (CFO) and 
has responsibility for internal and external communications relating to 
the budget and financial management. The D/ES works with the Directors, 
Office of Budget and Finance, Office of Human Resources, Office of 
Information Technology, and Office of Management Services, to manage 
the day-to-day administrative operations of the Commission.
    (ii) Office of Budget and Finance. The Office of Budget and Finance 
administers the Commission's financial management program, including 
fiscal accounting activities, fee and forfeiture collections, and 
payments, and ensures that Commission obligations and expenditures of 
appropriated funds are proper.
    (iii) Office of Consumer Affairs and Dispute Resolution Services. 
The Office of Consumer Affairs and Dispute Resolution Services has 
responsibility for developing and implementing the Alternative Dispute 
Resolution Program, responds to consumer inquiries and complaints, and 
coordinates the Commission's efforts to resolve disputes within the 
shipping industry. The Office reviews existing and proposed legislation 
and regulations for impact on the shipping industry and its consumers 
and recommends appropriate policies and regulations to facilitate 
trade.
    (iv) Office of Human Resources. The Office of Human Resources plans 
and administers a complete personnel management program.
    (v) Office of Information Technology. The Office of Information 
Technology administers the Commission's information technology (``IT'') 
program under the Paperwork Reduction Act of 1995, as amended, as well 
as other applicable laws that prescribe responsibility for operating 
the IT program.
    (vi) Office of Management Services. The Office of Management 
Services administers a variety of management support service functions 
of the Commission.
    (vii) Bureau of Certification and Licensing. The Bureau of 
Certification and Licensing, through the Office of Transportation 
Intermediaries, has responsibility for reviewing applications and 
triennial renewals for Ocean Transportation Intermediary (``OTI'') 
licenses, and maintaining records about licensees and registrations, 
managing all activities with respect to evidence of financial 
responsibility for OTIs, and for developing and maintaining all Bureau 
databases and records of OTI applicants, licensees, and registrations. 
In addition, the Bureau of Certification and Licensing has 
responsibility for reviewing applications and renewals for certificates 
of financial responsibility with respect to passenger vessels, 
reviewing requests for substitution of alternative forms of financial 
protection, managing all activities with respect to evidence of 
financial responsibility for passenger vessel owner/operators, and for 
developing and maintaining all Bureau databases and records of 
passenger vessel owner/operators.
    (viii) Bureau of Trade Analysis. The Bureau of Trade Analysis 
reviews agreements and monitors the concerted activities of ocean 
common carriers and marine terminal operators, reviews and analyzes 
service contracts, monitors rates of government-controlled carriers, 
reviews carrier published tariff systems, responds to inquiries or 
issues that arise concerning service contracts or tariffs, and is 
responsible for competition oversight and market analysis.

[[Page 50683]]

    (ix) Bureau of Enforcement. The Bureau of Enforcement conducts 
investigations and recommends enforcement action, and provides legal 
support related to enforcement to other Commission offices. The Bureau 
of Enforcement also: Participates as trial counsel in formal Commission 
proceedings when designated by Commission order, or when intervention 
is granted; negotiates informal compromises of civil penalties subject 
to the prior approval of the Commission; prepares and presents 
compromise agreements for Commission approval; and represents the 
Commission in proceedings and circumstances as designated.
    (x) Area Representatives. Area Representatives represent the 
Commission within their respective geographic area; act as a liaison 
between the Commission and interested parties such as members of the 
shipping industry, state and local governments, and members of the 
public; furnish to interested persons information, advice, and access 
to Commission public documents; receive and resolve informal 
complaints, in coordination with the Director, Office of Consumer 
Affairs and Dispute Resolution Services; investigate potential 
violations of the shipping statutes and the Commission's regulations; 
and provide assistance to the various bureaus and offices of the 
Commission, as appropriate and when requested.

Subpart B--Delegation and Redelegation of Authorities


Sec.  501.11   Delegation of authorities.

    (a) Authority and delegation. The provision at 46 U.S.C. 46106 
authorizes the Commission to delegate, by published order or rule, any 
of its functions to a division of the Commission, an individual 
Commissioner, an administrative law judge, or an employee or employee 
board, including functions with respect to hearing, determining, 
ordering, certifying, reporting, or otherwise acting as to any work, 
business, or matter. The Commission delegates specific authorities to 
the delegatees designated in Sec. Sec.  501.12 through 501.17, subject 
to the limitations prescribed in this section.
    (b) Temporary redelegation. When the head of a bureau or office is 
absent or incapacitated, they may temporarily redelegate their 
authorities to subordinate personnel under their supervision and 
direction or to another bureau or office head for the period of their 
absence or incapacitation.
    (c) Redelegation. Other than temporary redelegations under 
paragraph (b) of this section, and subject to the limitations in this 
section, the delegatees may redelegate their authorities to subordinate 
personnel under their supervision and direction only if this subpart is 
amended to reflect such redelegation and notice thereof is published in 
the Federal Register.
    (d) Exercise of authority; policy and procedure. The delegatees and 
redelegatees shall exercise the authorities delegated or redelegated in 
a manner consistent with applicable laws and the established policies 
of the Commission, and shall consult with the General Counsel where 
appropriate.
    (e) Exercise of delegated authority by delegator. Under any 
authority delegated or redelegated, the delegator (Commission), or the 
redelegator, respectively, shall retain full rights to exercise the 
authority in the first instance.
    (f) Review of delegatee's action. The delegator (Commission) or 
redelegator of authority shall retain a discretionary right to review 
an action taken under delegated authority by a subordinate delegatee, 
either upon the filing of a written petition of a party to, or an 
intervenor in, such action; or upon the delegator's or redelegator's 
own initiative.
    (1) Petition. Petitions for review of actions taken under delegated 
authority shall be filed within ten (10) calendar days of the action 
taken:
    (i) If the action for which review is sought is taken by a 
delegatee, the petition shall be addressed to the Commission pursuant 
to Sec.  502.94 of this chapter.
    (ii) If the action for which review is sought is taken by a 
redelegatee, the petition shall be addressed to the redelegator whose 
decision can be further reviewed by the Commission under paragraph 
(f)(1)(i) of this section, unless the Commission decides to review the 
matter directly, such as, for example, if the redelegator is 
incapacitated.
    (2) Discretionary review. The vote of a majority of the Commission 
less one member (e.g., two Commissioners if there are a total of four 
or five sitting Commissioners; one Commissioner if there are a total of 
three or fewer sitting Commissioners) shall be sufficient to bring any 
delegated action before the Commission for review under this paragraph 
(f).
    (g) Action--when final. Should the right to exercise discretionary 
review be declined or should no such review be sought under paragraph 
(f) of this section, then the action taken under delegated authority 
shall, for all purposes, including appeal or review thereof, be deemed 
to be the action of the Commission.
    (h) Conflicts. Where the procedures set forth in this section 
conflict with law or any regulation of this chapter, the conflict shall 
be resolved in favor of the law or other regulation.


Sec.  501.12   Delegation to the General Counsel.

    (a) Authority to classify carriers within the meaning of 46 U.S.C. 
40102(9) except where a carrier submits a rebuttal statement pursuant 
to Sec.  565.3(b) of this chapter.
    (b) Authority to review for legal sufficiency all adverse personnel 
actions, procurement activities, Freedom of Information Act matters, 
Privacy Act matters, and requests for testimony by employees and 
production of official records in litigation and other administrative 
actions, pursuant to part 503, subpart E, of this chapter.


Sec.  501.13   Delegation to the Secretary.

    (a) Authority to approve applications for permission to practice 
before the Commission and to issue admission certificates to approved 
applicants.
    (b) Authority to extend the time to file exceptions or replies to 
exceptions, and the time for Commission review, relative to initial 
decisions of administrative law judges and decisions of Special Dockets 
Officers.
    (c) Authority to extend the time to file appeals or replies to 
appeals, and the time for Commission review, relative to dismissals of 
proceedings, in whole or in part, issued by administrative law judges.
    (d) Authority to establish and extend or reduce the time:
    (1) To file documents either in docketed proceedings or relative to 
petitions filed under part 502 of this chapter, which are pending 
before the Commission itself; and
    (2) To issue initial and final decisions under Sec.  502.61 of this 
chapter.
    (e) Authority to prescribe a time limit for the submission of 
written comments with reference to agreements filed pursuant to 46 
U.S.C. chapter 403.
    (f) Authority, in appropriate cases, to publish in the Federal 
Register notices of intent to prepare an environmental assessment and 
notices of finding of no significant impact.
    (g) Authority to prescribe a time limit less than ten days from the 
date published in the Federal Register for filing comments on notices 
of intent to prepare an environmental assessment and notice of finding 
of no significant impact and authority to prepare

[[Page 50684]]

environmental assessments of no significant impact.


Sec.  501.14   Delegation to and redelegation by the Managing Director.

    (a) Authority to adjudicate, with the concurrence of the General 
Counsel, and authorize payment of, employee claims for not more than 
$10,000.00, arising under the Military and Civilian Personnel Property 
Act of 1964 (31 U.S.C. 3721) and the Federal Tort Claims Act (28 U.S.C. 
1346(b), 2671-2680).
    (b) Authority to determine that an exigency of the public business 
is of such importance that annual leave may not be used by employees to 
avoid forfeiture before annual leave may be restored under 5 U.S.C. 
6304.
    (c)(1) Authority to classify all positions GS-1 through GS-15 and 
wage grade positions.
    (2) The authority under paragraph (c)(1) of this section is 
redelegated to the Director, Office of Human Resources.


Sec.  501.15   Delegation to the Chief Financial Officer.

    (a) Authority to approve, certify, or otherwise authorize those 
actions dealing with appropriations of funds made available to the 
Commission including allotments, fiscal matters, and contracts relating 
to the operation of the Commission within the laws, rules, and 
regulations set forth by the Federal Government.
    (b) Authority, in the absence or preoccupation of the Managing 
Director, to sign travel orders, non-docketed recommendations to the 
Commission, and other routine documents for the Managing Director, 
consistent with the programs, policies, and precedents established by 
the Commission or the Managing Director.


Sec.  501.16   Delegation to and redelegation by the Director, Bureau 
of Certification and Licensing.

    (a) In relation to OTI licenses:
    (1) Authority to approve or disapprove applications for OTI 
licenses; issue or reissue or transfer such licenses; and approve 
extensions of time in which to furnish the name(s) and ocean 
transportation intermediary experience of the managing partner(s) or 
officer(s) who will replace the qualifying partner or officer upon 
whose qualifications the original licensing was approved;
    (2) Authority to issue a letter stating that the Commission intends 
to deny an OTI application unless, within 20 days, applicant requests a 
hearing to show that denial of the application is unwarranted; deny 
applications where an applicant has received such a letter and has not 
requested a hearing within the notice period; and rescind, or grant 
extensions of, the time specified in such letters;
    (3) Authority to revoke the license of an OTI upon the request of 
the licensee;
    (4) Authority to, upon receipt of notice of cancellation of any 
instrument evidencing financial responsibility, notify the licensee in 
writing that its license will automatically be suspended or revoked, 
effective on the cancellation date of such instrument, unless new or 
reinstated evidence of financial responsibility is submitted and 
approved prior to such date, and subsequently order such suspension or 
revocation for failure to maintain proof of financial responsibility;
    (5) Authority to revoke the ocean transportation intermediary 
license of a non-vessel-operating common carrier not in the United 
States for failure to designate and maintain a person in the United 
States as legal agent for the receipt of judicial and administrative 
process;
    (6) Authority to approve changes in an existing licensee's 
organization; and
    (7) Authority to return any application which on its face fails to 
meet the requirements of the Commission's regulations, accompanied by 
an explanation of the reasons for rejection.
    (8) The authorities contained in paragraphs (a)(3) and (4) of this 
section are redelegated to the Director, Transportation Intermediaries, 
in the Bureau of Certification and Licensing.
    (b) In relation to Certificates:
    (1) Authority to approve applications for Certificates 
(Performance) and Certificates (Casualty) for passenger vessels, 
evidenced by a surety bond, guaranty, escrow agreements, or insurance 
policy, or combination thereof; and issue, reissue, or amend such 
Certificates;
    (2) Authority to issue a written notice to an applicant stating 
intent to deny an application for a Certificate (Performance) and/or 
(Casualty), indicating the reason therefor, and advising applicant of 
the time for requesting a hearing as provided for under Sec.  540.8(c) 
or Sec.  540.26(c) of this chapter; deny any application where the 
applicant has not submitted a timely request for a hearing; and rescind 
such notices and grant extensions of the time within which a request 
for hearing may be filed;
    (3) Authority to issue a written notice to a certificant stating 
that the Commission intends to revoke, suspend, or modify a Certificate 
(Performance) and/or (Casualty), indicating the reason therefor, and 
advising of the time for requesting a hearing as provided for under 
Sec.  540.8(c) or Sec.  540.26(c) of this chapter; revoke, suspend or 
modify a Certificate (Performance) and/or (Casualty) where the 
certificant has not submitted a timely request for hearing; and rescind 
such notices and grant extensions of time within which a request for 
hearing may be filed;
    (4) Authority to revoke a Certificate (Performance) and/or 
(Casualty) which has expired, and/or upon request of, or acquiescence 
by, the certificant; and
    (5) Authority to notify a certificant when a Certificate 
(Performance) and/or (Casualty) has become null and void in accordance 
with Sec. Sec.  540.8(a) and 540.26(a) of this chapter.
    (c) Authority to approve amendments to escrow agreements filed 
under Sec.  540.5(b) of this chapter when such amendments are for the 
purpose of changing names of principals, changing the vessels covered 
by the escrow agreement, changing the escrow agent, and changing the 
amount of funds held in escrow, provided that the changes in amount of 
funds result in an amount of coverage that complies with the 
requirements in the introductory text of Sec.  540.5 of this chapter.
    (d) Authority to grant requests to substitute alternative financial 
responsibility pursuant to Sec.  540.9(l) of this chapter based upon 
existing protection available to purchases of passenger vessel 
transportation by credit card by an amount up to fifty (50) percent of 
the passenger vessel operator's highest two-year unearned passenger 
revenues.


Sec.  501.17   Delegation to and redelegation by the Director, Bureau 
of Trade Analysis.

    (a) Authority to determine that no action should be taken to 
prevent an agreement or modification to an agreement from becoming 
effective under 46 U.S.C. 40304(c), and to shorten the review period 
under 46 U.S.C. 40304(c)(1) and (e)(1), when the agreement or 
modification involves solely a restatement, clarification, or change in 
an agreement which adds no new substantive authority beyond that 
already contained in an effective agreement. This category of agreement 
or modification includes, for example, the following: A restatement 
filed to conform an agreement to the format and organization 
requirements of part 535 of this chapter; a clarification to reflect a 
change in the name of a country or port or a change in the name of a 
party to the agreement; a correction of typographical or grammatical 
errors in the text of an agreement; a change in the title of persons or 
committees designated in an agreement; or a transfer of functions

[[Page 50685]]

from one person or committee to another.
    (b) Authority to grant or deny applications filed under Sec.  
535.407 of this chapter for waiver of the form, organization, and 
content requirements of Sec. Sec.  535.401 through 535.406 of this 
chapter.
    (c) Authority to grant or deny applications filed under Sec.  
535.504 of this chapter for waiver of the Information Form requirements 
in subpart E of part 535 of this chapter.
    (d) Authority to grant or deny applications filed under Sec.  
535.705 of this chapter for waiver of the reporting requirements in 
subpart G of part 535 of this chapter.
    (e) Authority to determine that no action should be taken to 
prevent an agreement or modification of an agreement from becoming 
effective under 46 U.S.C. 40304(c)(1) for all unopposed agreements and 
modifications to agreements which will not result in a significant 
reduction in competition. Agreements which are deemed to have the 
potential to result in a significant reduction in competition and 
which, therefore, are not covered by the delegation in this paragraph 
(e) include but are not limited to:
    (1) New agreements authorizing the parties to collectively discuss 
or fix rates (including terminal rates).
    (2) New agreements authorizing the parties to pool cargoes or 
revenues.
    (3) New agreements authorizing the parties to establish a joint 
service or consortium.
    (4) New equal access agreements.
    (f) Authority to grant or deny shortened review pursuant to Sec.  
535.605 of this chapter for agreements for which authority is delegated 
in paragraph (e) of this section.
    (g) Subject to review by the General Counsel, authority to deny, 
but not approve, requests filed pursuant to Sec.  535.605 of this 
chapter for a shortened review period for agreements for which 
authority is not delegated under paragraph (e) of this section.
    (h) Authority to issue notices of termination of agreements which 
are otherwise effective under the Shipping Act of 1984, after 
publication of notice of intent to terminate in the Federal Register, 
when such terminations are:
    (1) Requested by the parties to the agreement;
    (2) Deemed to have occurred when it is determined that the parties 
are no longer engaged in activity under the agreement and official 
inquiries and correspondence cannot be delivered to the parties; or
    (3) Deemed to have occurred by notification of the withdrawal of 
the next to last party to an agreement without notification of the 
addition of another party prior to the effective date of the next to 
last party's withdrawal.
    (i) Authority to determine whether agreements for the use or 
operation of terminal property or facilities, or the furnishing of 
terminal services, are within the purview of 46 U.S.C. chapter 403.
    (j) Authority to request controlled carriers to file justifications 
for existing or proposed rates, charges, classifications, rules, or 
regulations, and to review responses to such requests for the purpose 
of recommending to the Commission that a rate, charge, classification, 
rule, or regulation be found unlawful and, therefore, requires 
Commission action under 46 U.S.C. 40704(b)-(e).
    (k) Authority to recommend to the Commission the initiation of 
formal proceedings or other actions with respect to suspected 
violations of the shipping statutes and rules and regulations of the 
Commission.
    (l)(1) Authority to approve for good cause or disapprove special 
permission applications submitted by common carriers, or conferences of 
such carriers, subject to 46 U.S.C. chapter 405, for relief from 
statutory and/or Commission tariff requirements.
    (2) The authority under this paragraph (l) is redelegated to the 
Director of Agreements, Service Contracts, and Tariffs, in the Bureau 
of Trade Analysis.
    (m)(1) Authority to approve or disapprove special permission 
applications submitted by a controlled carrier subject to the 
provisions of 46 U.S.C. chapter 407 for relief from statutory and/or 
Commission tariff requirements.
    (2) The authority under this paragraph (m) is redelegated to the 
Director of Agreements, Service Contracts, and Tariffs, in the Bureau 
of Trade Analysis.
    (n)(1) The authority to accept, deny, or deactivate a Form FMC-1 
submitted by ocean common carriers, non-vessel-operating common 
carriers, conferences, and marine terminal operators under parts 520 
and 525 of this chapter.
    (2) The authority under this paragraph (n) is redelegated to the 
Director of Agreements, Service Contracts, and Tariffs, in the Bureau 
of Trade Analysis.
    (o) Authority contained in part 530 of this chapter to approve, but 
not deny, requests for permission to correct clerical or administrative 
errors in the essential terms of filed service contracts.
    (p) Authority to require Monitoring Reports from, or prescribe 
alternative periodic reporting requirements for, parties to agreements 
under Sec.  535.702(c) and (d) of this chapter.
    (q) Authority to require parties to agreements subject to the 
Monitoring Report requirements in Sec.  535.702(a)(2) of this chapter 
to report their agreement commodity data on a sub-trade basis pursuant 
to Sec.  535.703(d) of this chapter.

    By the Commission.
Rachel E. Dickon,
Secretary.
[FR Doc. 2021-19078 Filed 9-9-21; 8:45 am]
BILLING CODE 6730-02-P


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