Federal Register / Vol. 75, No. 101 / Wednesday, May 26, 2010 / Rules and Regulations 29451 

rule) that imposes substantial direct 

requirement costs on State and local 

governments, preempts State law, or 

otherwise has federalism implications. 

The Secretary has reviewed this IFR in 

accordance with Executive Order 13132 

regarding federalism, and has 

determined that it does not have 

‘‘federalism implications.’’ This rule 

would not ‘‘have substantial direct 

effects on the States, or on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ 

F. Unfunded Mandates Reform Act of 

1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires cost-benefit and other analyses 

before any rulemaking if the rule 

includes a ‘‘Federal mandate that may 

result in the expenditure by State, local, 

and Tribal governments, in the 

aggregate, or by the private sector, of 

$100,000,000 or more (adjusted 

annually for inflation) in any 1 year.’’ 

The current inflation adjusted statutory 

threshold is approximately $130 

million. The Department has 

determined that this rule would not 

constitute a significant rule under the 

Unfunded Mandates Reform Act, 

because it would impose no mandates. 

In accordance with the provisions in 

Executive Order 12866, this IFR was 

reviewed by OMB. 

Dated: May 18, 2010. 

Mary Wakefield, 

Administrator, Health Resources and Services 

Administration. 

Approved: May 20, 2010. 

Kathleen Sebelius, 

Secretary. 

List of Subjects in 42 CFR Part 5a 

Grants administration, Health 

professions, Physicians, Rural areas, 

Shortages, Underserved. 

■ For the reasons set forth in the 

preamble, the Department amends 42 

CFR Chapter I to add Part 5a as follows: 

PART 5a—RURAL PHYSICIAN 

TRAINING GRANT PROGRAM 

Sec. 

5a.1 Statutory basis and purpose. 

5a.2 Applicability. 

5a.3 Definition of Underserved Rural 

Community. 

Authority: Sec. 749B of the Public Health 

Service Act (42 U.S.C. 293k) as amended. 

§ 5a.1—Statutory basis and purpose. 

This part implements section 749B(f) 

of the Public Health Service Act. These 

provisions define ‘‘underserved rural 

community’’ for purposes of the Rural 

Physician Training Grant Program. 

§ 5a.2 Applicability. 

This part applies to grants made 

under section 749B of the Public Health 

Service Act. 

§ 5a.3—Definition of Underserved Rural 

Community. 

Underserved Rural Community means 

a community: 

(a) Located in: 

(1) A non-Metropolitan County or 

Micropolitan county; or 

(2) If it is within a Metropolitan 

county, all Census Tracts that are 

assigned a Rural-Urban Commuting 

Area (RUCAs) codes of 4–10; or 

(3) Census Tracts within a 

Metropolitan Area with RUCA codes 2 

and 3 that are larger than 400 square 

miles and have population density of 

less than 30 people per square mile; and 

(b) Located in a current: 

(1) Federally-designated Primary 

Health Care Geographic Health 

Professions Shortage Area, (under 

section 332(a)(1)(A) of the Public Health 

Service Act) or 

(2) Federally-designated Medically 

Underserved Area (under section 

330(b)(3) of the Public Health Service 

Act). 

[FR Doc. 2010–12557 Filed 5–21–10; 11:15 am] 

BILLING CODE 4165–15–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 501, 502, and 535 

[Docket No. 10–04] 

RIN 3072–AC37 

Agency Reorganization and 

Delegations of Authority 

AGENCY: Federal Maritime Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Maritime 

Commission (FMC or Commission) 

amends its regulations relating to 

agency organization to reflect the 

reorganization of the agency that took 

effect January 31, 2010, and to delegate 

authority to certain FMC bureaus and 

offices in order to improve the FMC’s 

ability to carry out its statutory 

responsibilities over the ocean shipping 

industry in a more responsive manner to 

the industry’s changing needs. This rule 

also corrects typographical errors in two 

sections in the Commission’s rules. 

DATES: Effective May 26, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca A. Fenneman, Deputy General 

Counsel, Federal Maritime Commission, 

800 North Capitol Street, NW., 

Washington, DC 20573, (202) 523–5740, 

GeneralCounsel@fmc.gov. 

SUPPLEMENTARY INFORMATION: The FMC 

amends Part 501 and § 502.604 of Part 

502 of Title 46 of the Code of Federal 

Regulations to reflect the reorganization 

of the agency that took effect on January 

31, 2010. The FMC was reorganized by 

restoring the position of the Managing 

Director to serve as the Commission’s 

Chief Operating Officer responsible for 

the management and coordination of the 

Commission’s major organizational 

components to ensure all offices are 

cohesively directed toward achieving 

fair and efficient ocean transportation 

that helps improve the nation’s 

economy. The reorganization also gives 

heightened priority to the role of the 

Commission’s Office of Consumer 

Affairs and Dispute Resolution Services 

(CADRS), which assists exporters and 

other consumers and works with the 

public and ocean transportation 

industry to mediate disputes without 

costly lawsuits. The Director of CADRS 

will serve as the Commission’s 

Ombudsman and handle inquiries and 

complaints about industry issues and 

Commission services. CADRS will 

continue to provide the public and 

ocean transportation industry a variety 

of impartial, speedy, and confidential 

alternative dispute resolution (ADR) 

services, such as mediation and 

arbitration. As an independent office, it 

will be able to assist parties in a neutral 

and confidential manner, enabling 

disputants to discuss matters while 

knowing that their discussions and any 

information revealed in a dispute 

resolution proceeding will not be made 

available to any other Commission 

official or staff members. This rule also 

corrects typographical errors in 

§ 501.41(a) of Part 501 and § 535.401(g) 

of Part 535. 

Because the changes made in this 

proceeding only address internal agency 

operating procedure and organization, 

which do not require notice and public 

procedure pursuant to the 

Administrative Procedure Act, 5 U.S.C. 

553, this rule is published as final. The 

Chairman of the Commission certifies, 

pursuant to section 605(b) of the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq., that the rule will not, if 

promulgated, have a significant 

economic impact on a substantial 

number of small entities. 

This rule is not a ‘‘major rule’’ under 

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


emcdonald on DSK2BSOYB1PROD with RULES
29452 Federal Register / Vol. 75, No. 101 / Wednesday, May 26, 2010 / Rules and Regulations 

List of Subjects 

46 CFR Part 501 

Administrative practice and 

procedure, Authority delegations, 

Organization and functions, Seals and 

insignia. 

46 CFR Part 502 

Administrative practice and 

procedure, Claims, Equal access to 

justice, Investigations, Lawyers, 

Maritime carriers, Penalties, Reporting 

and recordkeeping requirements. 

46 CFR Part 535 

Administrative practice and 

procedure, Maritime carriers, Reporting 

and recordkeeping requirements. 

■ For the reasons stated in the 

supplementary information, the Federal 

Maritime Commission amends 46 CFR 

Parts 501, 502, and 535 as follows. 

PART 501—THE FEDERAL MARITIME 

COMMISSION—GENERAL 

■ 1. The authority citation for Part 501 

continues to read as follows: 

Authority: 5 U.S.C. 551–557, 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. 301–307, 40101–41309, 42101– 

42109, 44101–44106; Reorganization Plan 

No. 7 of 1961, 26 FR 7315, August 12, 1961; 

Pub. L. 89–56, 70 Stat. 195; 5 CFR Part 2638; 

Pub. L. 104–320, 110 Stat. 3870. 

■ 2. Amend § 501.3 by revising 

paragraphs (c), (d), (h), and (i) to read as 

follows: 

§ 501.3 Organizational components of the 

Federal Maritime Commission. 

* * * * * 

(c) Office of the Secretary. (FOIA and 

Privacy Act Officer, Federal Register 

Liaison, Performance Improvement 

Officer.) 

(d) Office of the General Counsel. 

(Ethics Official, Legislative Counsel.) 

* * * * * 

(h) Office of the Managing Director. 

(Chief Operating Officer, Chief 

Acquisition Officer, Audit Follow-up 

and Management Controls Official, 

Chief Information Officer, Chief 

Financial Officer, Competition 

Advocate, Senior Agency Official for 

Privacy.) 

(1) Office of Budget and Finance. 

(2) Office of Human Resources. 

(Information Security Officer.) 

(3) Office of Information Technology. 

(Chief Technology Officer, IT Security 

Officer.) 

(4) Office of Management Services. 

(Physical Security, FMC Contracting 

Officer.) 

(5) Bureau of Certification and 

Licensing. 

(i) Office of Passenger Vessels and 

Information Processing. 

(ii) Office of Ocean Transportation 

Intermediaries. 

(6) Bureau of Trade Analysis. 

(i) Office of Agreements. 

(ii) Office of Economics and 

Competition Analysis. 

(iii) Office of Service Contracts and 

Tariffs. 

(7) Bureau of Enforcement. 

(8) Area Representatives. 

(i) Office of Consumer Affairs and 

Dispute Resolution Services. 

(Ombudsman, Senior Dispute 

Resolution Specialist.) 

* * * * * 

■ 3. Revise § 501.4 to read as follows: 

§ 501.4 Lines of responsibility. 

(a) Chairman. The Office of the 

Secretary, the Office of the General 

Counsel, the Office of Administrative 

Law Judges, the Office of Equal 

Employment Opportunity, the Office of 

the Inspector General, the Office of the 

Managing Director, and officials 

performing the functions of Information 

Security Official, report to the Chairman 

of the Commission. 

(b) Office of the Managing Director. 

The Bureau of Certification and 

Licensing, Bureau of Enforcement, 

Bureau of Trade Analysis, Area 

Representatives, Office of Budget and 

Finance, Office of Human Resources, 

Office of Information Technology, and 

Office of Management Services report to 

the Office of the Managing Director. The 

Office of Equal Employment 

Opportunity and the Office of the 

Inspector General receive administrative 

guidance from the Managing Director. 

All other units of the Commission 

receive administrative direction from 

the Managing Director. 

■ 4. Amend § 501.5 as follows: 

■ a. Revise paragraph (a) introductory 

text; 

■ b. Revise paragraph (c)(4); 

■ c. Revise paragraph (d)(7); 

■ d. Remove paragraph (d)(10); 

■ e. Revise paragraph (f); 

■ f. Revise paragraph (h); 

■ g. Remove and reserve paragraph 

(i)(3); 

■ h. Revise paragraph (k); 

■ i. Amend paragraph (l)(1) by revising 

the first sentence; and 

■ j. Add a new paragraph (l)(3) to read 

as follows. 

§ 501.5 Functions of the organizational 

components of the Federal Maritime 

Commission. 

* * * * * 

(a) Chairman. As the chief executive 

and administrative officer of the 

Commission, the Chairman presides at 

meetings of the Commission, 

administers the policies of the 

Commission to its responsible officials, 

and ensures the efficient discharge of 

their responsibilities. The Chairman 

provides management direction to the 

Offices of Equal Employment 

Opportunity, Inspector General, 

Secretary, General Counsel, 

Administrative Law Judges, and 

Managing Director with respect to all 

matters concerning overall Commission 

workflow, resource allocation (both staff 

and budgetary), work priorities and 

similar managerial matters; and 

establishes, as necessary, various 

committees and boards to address 

overall operations of the agency. The 

Chairman serves as appeals officer 

under the Freedom of Information Act, 

the Privacy Act, and the Federal 

Activities Inventory Reform Act of 1998. 

The Chairman appoints the heads of 

major administrative units after 

consultation with the other 

Commissioners. In addition, the 

Chairman, as ‘‘head of the agency,’’ has 

certain responsibilities under Federal 

laws and directives not specifically 

related to shipping. For example, the 

special offices or officers within the 

Commission, listed under paragraphs 

(a)(1) through (a)(4) of this section, are 

appointed or designated by the 

Chairman, are under his or her direct 

supervision and report directly to the 

Chairman: 

* * * * * 

(c) * * * 

(4) Serves as the lead executive 

responsible for development, in 

coordination with the Managing 

Director, of the agency’s strategic plan, 

monitoring of results of strategic goals 

and objectives, and preparation of all 

required reports. 

(d) * * * 

(7) Represents the Commission in U.S. 

Government interagency groups dealing 

with international maritime issues; 

represents the Commission and acts as 

technical advisor in bilateral and 

multilateral maritime discussions; and 

coordinates Commission activities 

through liaison with other government 

agencies and programs and international 

organizations. 

* * * * * 

(f) Office of the Managing Director. 

(1) The Managing Director: 

(i) As Chief Operating Officer, is 

responsible to the Chairman for the 

management and coordination of 

Commission programs managed by the 

Bureaus of Certification and Licensing; 

Trade Analysis; Enforcement; the 

Commission’s Area Representatives; 

Offices of Budget and Finance; Human 


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Federal Register / Vol. 75, No. 101 / Wednesday, May 26, 2010 / Rules and Regulations 29453 

Resources; Management Services; and 

Information Technology, as more fully 

described below, and thereby 

implements the regulatory policies of 

the Commission and the administrative 

policies and directives of the Chairman. 

The Managing Director also provides 

administrative guidance to the Offices of 

Equal Employment Opportunity and 

Inspector General; 

(ii) The Office initiates 

recommendations, collaborating with 

other elements of the Commission as 

warranted, for long-range plans, new or 

revised policies and standards, and 

rules and regulations; 

(iii) Ensures the periodic review and 

updating of Commission Orders; 

(iv) 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; 

(v) Is responsible for coordinating 

records management activities and 

developing Paperwork Reduction Act 

clearances for submission to the Office 

of Management and Budget; 

(vi) Is responsible for directing and 

administering the Commission’s 

training and development function; 

(vii) Acts as the Commission’s 

representative to the Small Agency 

Council; 

(viii) Is the agency’s Chief Acquisition 

Officer under the Services Acquisition 

Reform Act of 2003, Public Law 108– 

136, 117 Stat. 1663 and Commission 

Order 112; 

(ix) Is the Audit Follow-up and 

Management (Internal) Controls Official 

for the Commission under Commission 

Orders 103 and 106; 

(x) Is the agency’s Chief Financial 

Officer; 

(xi) Is the agency’s Chief Operating 

Officer; 

(xii) Serves as the Senior Agency 

Official for Privacy under Commission 

Order 89; 

(2) The Deputy Managing Director is 

the Commission’s Competition 

Advocate under Commission Order 112. 

(3) The Assistant Managing Director is 

the Commission’s Chief Information 

Officer and Records Management 

Officer. The Assistant Managing 

Director provides direction to the Office 

of Information Technology in 

interpreting and administering 

governmental policies and programs for 

information technology in a manner 

consistent with federal guidelines. The 

Assistant Managing Director initiates 

recommendations, collaborating with 

other elements of the Commission as 

warranted, for long-range plans, new or 

revised policies and standards, and 

rules and regulations with respect to the 

use and security of information and 

technology. 

(4) Other offices under the 

management direction of the Managing 

Director are as follows: 

(i) The Office of Budget and Finance, 

under the direction and management of 

the Office Director, 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; develops annual budget 

justifications for submission to the 

Congress and the Office of Management 

and Budget; develops and administers 

internal controls systems that provide 

accountability for agency funds; 

administers the Commission’s travel 

and cash management programs, 

ensures accountability for official 

passports; and assists in the 

development of proper levels of user 

fees. 

(ii) The Office of Human Resources, 

under the direction and management of 

the Office Director, plans and 

administers a complete personnel 

management program including: 

Recruitment and placement; position 

classification and pay administration; 

occupational safety and health; 

employee counseling services; employee 

relations; workforce discipline; 

performance appraisal; incentive 

awards; retirement; personnel security; 

and the Commission’s Human Capital 

Management Plan. The Office Director 

serves as the Commission’s Human 

Capital Management Officer. A human 

resources specialist within the Office 

serves as the Information Security 

Officer under Commission Order 80. 

(iii) The Office of Information 

Technology, under the direction and 

management of the Office Director, 

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. The Office provides 

administrative support with respect to 

information technology to the program 

operations of the Commission. The 

Office’s functions include: Conducting 

IT management studies and surveys; 

managing data and voice 

telecommunications; developing and 

managing databases and applications; 

and administering IT contracts. The 

Office is also responsible for managing 

the computer security program. The 

Director of the Office serves as the 

Commission’s Chief Technology Officer; 

the IT Security Officer reports to the 

Director of the Office under Commission 

Order 80. 

(iv) The Office of Management 

Services, under the direction and 

management of the Office Director, 

directs and administers a variety of 

management support service functions 

of the Commission including 

conducting internal management 

reviews and recommending changes in 

organization and workflow processes. 

The Director of the Office is the 

Commission’s principal Contracting 

Officer under Commission Order 112. 

Programs include: Acquisition of all 

goods and services used by the 

Commission; building security and 

emergency preparedness; real and 

personal property management; printing 

and copying; mail services; graphic 

design; equipment maintenance; and 

transportation. The Office Director is the 

agency’s liaison with the Small Agency 

Council’s Procurement and 

Administrative Services Committees 

and with the General Services 

Administration (‘‘GSA’’) and the 

Department of Homeland Security 

(‘‘DHS’’) on the Building Security 

Committee. 

* * * * * 

(h) Under the direction and 

management of the Bureau Director, the 

Bureau of Trade Analysis, through its 

Office of Agreements; Office of 

Economics and Competition Analysis; 

and Office of Service Contracts and 

Tariffs, reviews agreements and 

monitors the concerted activities of 

common carriers by water, reviews and 

analyzes service contracts, monitors 

rates of government controlled carriers, 

reviews carrier published tariff systems 

under the accessibility and accuracy 

standards of the Shipping Act of 1984 

(46 U.S.C. 40501(a)–(g)), responds to 

inquiries or issues that arise concerning 

service contracts or tariffs, and is 

responsible for competition oversight 

and market analysis. 

* * * * * 

(k) The Office of Consumer Affairs 

and Dispute Resolution Services, under 

the direction and management of the 

Office Director, 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. The 


emcdonald on DSK2BSOYB1PROD with RULES
29454 Federal Register / Vol. 75, No. 101 / Wednesday, May 26, 2010 / Rules and Regulations 

Director of the Office of Consumer 

Affairs and Dispute Resolution Services 

is designated as the agency’s Senior 

Dispute Resolution Specialist pursuant 

to section 3 of the Administrative 

Dispute Resolution Act, Public Law 

101–552, as amended by section 4(a) of 

Public Law 104–320. The Director also 

serves as the Commission’s 

Ombudsman. 

(l) * * * 

(1) The Executive Resources Board 

(‘‘ERB’’) is composed of members of the 

Senior Executive Service as designated 

by the Chairman. * * * 

* * * * * 

(3) The Maritime Environmental 

Committee (‘‘MEC’’) is an internal 

Committee made up of Commission staff 

as designated by the Chairman. The 

MEC advises the Chairman and the 

Commission on issues involving 

environmental and sustainable shipping 

practices, initiatives, operational 

proposals, and similar matters affecting 

entities regulated by the Commission to 

assist the Commission in its review and 

regulation of agreements and in its 

statutory responsibility for ensuring an 

efficient ocean transportation system. 

■ 5. Amend § 501.24 by revising 

paragraph (h) to read as follows: 

§ 501.24 Delegation to the Secretary. 

* * * * * 

(h) Authority, in the absence or 

preoccupation of the Managing Director, 

to sign travel orders, nondocketed 

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. 

■ 6. Revise § 501.25 to read as follows: 

§ 501.25 Delegation to and redelegation by 

the Managing Director. 

The authorities listed in this section 

are delegated to the Managing Director. 

(a) Authority to adjudicate, with the 

concurrence of the General Counsel, and 

authorize payment of, employee claims 

for not more than $1,000.00, arising 

under the Military and Civilian 

Personnel Property Act of 1964, 31 

U.S.C. 3721. 

(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 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. 

(2) The authority under paragraph 

(c)(1) of this section is redelegated to the 

Director, Office of Budget and Finance. 

(d)(1) Authority to classify all 

positions GS–1 through GS–15 and 

wage grade positions. 

(2) The authority under paragraph 

(d)(1) of this section is redelegated to 

the Director, Office of Human 

Resources. 

■ 7. Amend § 501.28 by revising 

paragraph (a) to read as follows: 

§ 501.28 Delegation to the Director, Bureau 

of Enforcement. 

* * * * * 

(a) As set forth in § 502.604(g) of this 

chapter, the Director, Bureau of 

Enforcement, has the delegated 

authority to issue Notice and Demand 

Letters and to compromise civil penalty 

claims, subject to the prior approval of 

the Managing Director. This delegation 

shall include the authority to 

compromise issues relating to the 

retention, suspension, or revocation of 

ocean transportation intermediary 

licenses. 

* * * * * 

§ 501.29 [Removed] 

■ 8. Remove § 501.29. 

■ 9. Amend § 501.41 as follows: 

■ a. Amend paragraph (a) by removing 

the reference ‘‘paragraph (d)’’ and adding 

the reference ‘‘paragraph (c)’’ in its place; 

and 

■ b. Revise paragraph (c) to read as 

follows. 

§ 501.41 Public requests for information 

and decisions. 

* * * * * 

(c) The Directors of the following 

bureaus and offices will provide 

information and decisions, and will 

accept and respond to requests, relating 

to the specific functions or program 

activities of their respective bureaus and 

offices as set forth in this chapter; but 

only if the dissemination of such 

information or decisions is not 

prohibited by statute or the 

Commission’s Rules of Practice and 

Procedure: 

(1) Office of the Secretary; 

(2) Office of the General Counsel; 

(3) Office of Administrative Law 

Judges; 

(4) Office of Equal Employment 

Opportunity; 

(5) Office of the Inspector General; 

(6) Office of Consumer Affairs and 

Dispute Resolution Services; 

(7) Office of the Managing Director; 

(i) Office of Budget and Finance; 

(ii) Office of Human Resources; 

(iii) Office of Information Technology; 

(iv) Office of Management Services; 

(v) Bureau of Certification and 

Licensing; 

(vi) Bureau of Trade Analysis; 

(vii) Bureau of Enforcement; and 

(viii) Area Representatives will 

provide information and decisions to 

the public within their geographic areas, 

or will expedite the obtaining of 

information and decisions from 

headquarters. The addresses of these 

Area Representatives are as follows. 

Further information on Area 

Representatives, including Internet email addresses, can be obtained on the 

Commission’s Web site at http:// 

www.fmc.gov. 

Houston Area Representative, 650 Sam 

Houston Parkway, #230, Houston, TX 

77060–5908. 

Los Angeles Area Representative, P.O. 

Box 230, 839 South Beacon Street, 

Room 320, San Pedro, CA 90733– 

0230. 

New Orleans Area Representative, P.O. 

Box 700, Saint Rose, LA 70087–0700. 

New York Area Representative, Building 

No. 75, Room 205B, JFK International 

Airport, Jamaica, NY 11430–1827. 

Seattle Area Representative, The 

Fabulich Center, Suite 508, 3600 Port 

of Tacoma Road, Tacoma, WA 98424– 

1044. 

South Florida Area Representative, P.O. 

Box 813609, Hollywood, FL 33081– 

3609. 

* * * * * 

■ 10. Revise Appendix A to Part 501 to 

read as follows: 

Appendix A to Part 501—Federal 

Maritime Commission Organization 

Chart 

BILLING CODE 6730–01–P 


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Federal Register / Vol. 75, No. 101 / Wednesday, May 26, 2010 / Rules and Regulations 29455 

BILLING CODE 6730–01–C 

PART 502—RULES OF PRACTICE AND 

PROCEDURE 

■ 11. The authority citation for Part 502 

continues to read as follows: 

Authority: 5 U.S.C. 504, 441, 552, 553, 

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

584; 12 U.S.C. 1141j(a); 18 U.S.C. 207; 26 

U.S.C. 501(c)(3); 28 U.S.C. 2112(a); 31 U.S.C. 

9701; 46 U.S.C. 305, 40103–40104, 40304, 

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

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

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

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

■ 12. Amend § 502.604 by revising 

paragraph (b) and (g) to read as follows: 

§ 502.604 Compromise of penalties: 

Relation to assessment proceedings. 

* * * * * 

(b) Notice. When the Commission 

considers it appropriate to afford an 

opportunity for the compromise of a 

civil penalty, it will, except when 

otherwise authorized by the 

Commission, or where circumstances 

render it unnecessary, send a Notice and 

Demand Letter (‘‘NDL’’) to the 

respondent, by registered or certified 

mail, or by other means reasonably 

calculated to give notice. The NDL will 

describe specific violation(s) on which 

the claim is based, including the 

particular facts, dates and other 

elements necessary for the respondent 

to identify the specific conduct 

constituting the alleged violation; the 

amount of the penalty demanded; the 

availability of alternative dispute 

resolution, including mediation, 

through the Commission’s Office of 

Consumer Affairs and Dispute 

Resolution Services; and the names of 

Commission personnel with whom the 

demand may be discussed, if the person 

desires to compromise the penalty. The 

NDL also will state the deadlines for the 

institution and completion of 

compromise negotiations and the 

consequences of failure to compromise. 

* * * * * 

(g) Delegation of compromise 

authority. The Director, Bureau of 

Enforcement, is delegated authority to 

issue NDLs and compromise civil 

penalties as set forth in this subpart, 

provided, however, that approval of the 

Managing Director is obtained prior to 

issuance of each NDL and provided 

further that compromise agreements 

shall not be effective unless approved 

by the Managing Director, whose 

signature evidencing approval shall 

appear on compromise agreements, in 

addition to that of the Director of the 

Bureau of Enforcement. The Director, 

Bureau of Enforcement, has the 

authority to negotiate the terms of 

compromise agreements. 

PART 535—OCEAN COMMON 

CARRIER AND MARINE TERMINAL 

OPERATOR AGREEMENTS SUBJECT 

TO THE SHIPPING ACT OF 1984 

■ 13. The authority citation for Part 535 

continues to read as follows: 

Authority: 5 U.S.C. 553; 46 U.S.C. 305, 

40101–40104, 40301–40307, 40501–40503, 

40901–40904, 41101–41109, 41301–41302, 

and 41305–41307. 

§ 535.401 [Amended] 

■ 14. In § 535.401, amend paragraph (g) 

by removing the reference ‘‘§ 501.26(e)’’ 

and adding the reference ‘‘§ 501.27(e)’’ in 

its place. 

By the Commission. 

Karen V. Gregory, 

Secretary. 

[FR Doc. 2010–12592 Filed 5–25–10; 8:45 am] 

BILLING CODE 6730–01–P 


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