Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Rules and Regulations 76901 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects 

40 CFR Part 9 

Environmental protection, Reporting 

and recordkeeping requirements. 

40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: December 17, 2014. 

Maria J. Doa, 

Director, Chemical Control Division, Office 

of Pollution Prevention and Toxics. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 9—[AMENDED] 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 7 U.S.C. 135 et seq., 136–136y; 

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 

1321, 1326, 1330, 1342, 1344, 1345(d) and 

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 

1971–1975 Comp. p. 973; 42 U.S.C. 241, 

242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., 

6901–6992k, 7401–7671q, 7542, 9601–9657, 

11023, 11048. 

§ 9.1 [Amended] 

■ 2. In the table in § 9.1, under the 

undesignated center heading 

‘‘Significant New Uses of Chemical 

Substances,’’ remove §§ 721.10776, 

721.10780, 721.10781, 721.10782 and 

721.10783. 

PART 721—[AMENDED] 

■ 3. The authority citation for part 721 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

§§ 721.10776 [Removed] 

■ 4. Remove §§ 721.10776. 

§§ 721.10780 through 721.10783 

[Removed] 

■ 5. Remove §§ 721.10780 through 

721.10783. 

[FR Doc. 2014–30023 Filed 12–22–14; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 502 

[Docket No. 14–12] 

RIN 3072–AC58 

Amendments to Regulations 

Governing the Rules of Practice and 

Procedure for Dismissals of Actions 

AGENCY: Federal Maritime Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Maritime 

Commission is amending its rules 

governing dismissals of actions by 

complainants, by order of the presiding 

officer, and by respondents when 

complainant fails to prosecute. 

DATES: Effective: January 24, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Karen V. Gregory, Secretary, Federal 

Maritime Commission, 800 North 

Capitol Street NW., Washington, DC 

20573–0001, Phone: (202) 523–5725, 

Email: secretary@fmc.gov. 

SUPPLEMENTARY INFORMATION: The 

Commission published a proposed rule 

on September 22, 2014, 79 FR 56546, to 

amend Rule 72 of its Rules of Practice 

and Procedure, 46 CFR 502.72, to reflect 

its intent with regard to review and 

approval of settlement agreements prior 

to dismissal of formal complaints. No 

comments were received to the 

proposed rule and the Commission 

hereby adopts it as a final rule. 

Section 502.72 currently permits 

voluntary dismissals by notice, allowing 

a complainant to dismiss an action 

voluntarily before an answer or other 

responsive pleading is served. 

Additionally, the rule permits dismissal 

of complaints by stipulation of the 

parties, thereby fostering efficient and 

speedy resolution of matters that have 

become moot (e.g., cargo has been 

delivered, expense of litigation, etc.). 

The rule does not, however, expressly 

address the circumstance when a 

voluntary dismissal is the result of a 

settlement between the parties. 

When § 502.72 was published, the 

Commission stated that it ‘‘did not 

intend to eliminate the requirement for 

review of settlement.’’ Docket No. 11– 

05, Rules of Practice and Procedure, 

Final Rule, 77 FR 61519–20 (Oct. 10, 

2012). The revision adopted here 

reflects the Commission’s intent to 

adhere to its long-standing policy of 

reviewing settlements by adding 

language to clarify that when a 

voluntary dismissal is based on a 

settlement agreement, the agreement 

must be submitted for approval by the 

Commission. 

The Commission has followed a wellestablished policy of encouraging 

settlement agreements in proceedings 

brought before it. Old Ben Coal Co. v. 

Sea-Land Serv., Inc., 18 S.R.R. 1085, 

1091 (ALJ 1978). The Commission has 

adhered to ‘‘encourag[ing] settlements 

and engage[ing] in every presumption 

which favors a finding that they are fair, 

correct, and valid.’’ Inlet Fish Producers, 

Inc. v. Sea-Land Serv., Inc., 29 S.R.R. 

975, 978 (ALJ 2002) (quoting Old Ben 

Coal, 18 S.R.R. at 1091); see also 

Ellenville Handle Works, Inc. v. Far E. 

Shipping Co., 20 S.R.R. 761, 763 (ALJ 

1981) (noting that settlements may be 

approved upon a showing that the 

settlement is bona fide and not a device 

for rebating). The Commission has 

exercised oversight of these settlements 

to ensure that such agreements are free 

from ‘‘fraud, duress, undue influence, 

[or] mistake’’ and do ‘‘not contravene 

any law or public policy.’’ Old Ben 

Coal, 18 S.R.R. at 1093. 

Although the Commission undertakes 

a relatively limited role in scrutinizing 

settlements, see P.R. Shipping Ass’n v. 

P.R. Ports Auth., 27 S.R.R. 645, 647 (ALJ 

1996), it has also made clear that it 

‘‘does not merely rubber stamp any 

proffered statement, no matter how 

anxious the parties may be to terminate 

their litigation.’’ Old Ben Coal, 18 S.R.R. 

at 1092. Previously, the Commission 

required proof of a statutory violation 

before approving a settlement. An 

agreement to settle a proceeding could 

only ‘‘be approved . . . upon an 

affirmative finding that such violation 

occurred.’’ Consolidated International 

Corporation v. Concordia Line, Boise 

Griffin Steamship Company, Inc., 18 

F.M.C. 180, 183 (ALJ 1975); cf. 

Ketchikan Spruce Mills v. Coastwise 

Line, 5 F.M.B. 661 (1959) (settlement 

was not approved because it could not 

be shown that the tariffs were 

unreasonable or violated the Shipping 

Act). 

In Old Ben Coal, the Commission 

modified this requirement in favor of a 

revised standard that allows the 

Commission to assess whether ‘‘the 

settlement offered is fair, reasonable, 

and adequate,’’ and whether the 

settlement is ‘‘free of fraud, duress, 

undue influence, [or] mistake.’’ 18 

S.R.R. at 1091. Additionally, the 

Commission may weigh the likelihood 

of the complainant’s success if litigation 

were pursued, as well as balance the 

adequacy of the terms of settlement 

against the estimated cost and 

complexity of continued litigation. Id. 

at, 1093–94. Finally, the Commission 

will review the settlement to ensure that 

it is ‘‘proper and does not itself violate 

any provision of the law.’’ Id. at 1091. 


tkelley on DSK3SPTVN1PROD with RULES
76902 Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Rules and Regulations 

Settlements meeting these criteria ‘‘will 

probably pass muster and receive 

approval.’’ Id. at 1093; see also World 

Chance Logistics (Hong Kong), Ltd.- 

Possible Violations, 31 S.R.R. 1346, 

1350 (FMC 2010). 

The clarifying language reflects the 

Commission’s intent as expressed when 

it promulgated section 502.72 that it 

was not changing its long standing 

policy with respect to review of 

settlement agreements, and articulates 

the requisite procedure for voluntary 

and involuntary dismissal of 

complaints. 

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

under 5 U.S.C. 804(2). No notice of 

proposed rulemaking is required; 

therefore, the provisions of the 

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

et seq., do not apply. 

List of Subjects in 46 CFR Part 502 

Administrative practices and 

procedures, Claims, Equal Access to 

Justice, Investigations, Practice and 

procedure, Procedural rules, Reporting 

and recordkeeping requirements. 

For the reasons set forth in the 

preamble, the Federal Maritime 

Commission amends 46 CFR part 502 as 

follows: 

PART 502—RULES OF PRACTICE AND 

PROCEDURE 

■ 1. The authority citation for part 502 

continues to read as follows: 

Authority: 5 U.S.C. 504, 551, 552, 553, 

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

584; 18 U.S.C. 207; 28 U.S.C. 2112(a); 31 

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

40304, 40306, 40501–40503, 40701–40706, 

41101–41109, 41301–41309, 44101–44106; 

E.O. 11222 of May 8, 1965. 

Subpart E—Proceedings; Pleadings; 

Motions; Replies 

■ 2. Revise § 502.72 to read as follows: 

§ 502.72 Dismissals. 

(a) Voluntary dismissal. (1) By the 

complainant. When no settlement 

agreement is involved, the complainant 

may dismiss an action without an order 

from the presiding officer by filing a 

notice of dismissal before the opposing 

party serves either an answer, a motion 

to dismiss, or a motion for summary 

decision. Unless the notice or 

stipulation states otherwise, the 

dismissal is without prejudice. 

(2) By stipulation of the parties. The 

parties may dismiss an action at any 

point without an order from the 

presiding officer by filing a stipulation 

of dismissal signed by all parties who 

have appeared. In the stipulation the 

parties must certify that no settlement 

on the merits was reached. Unless the 

stipulation states otherwise, the 

dismissal is without prejudice. 

(3) By order of the presiding officer. 

Except as provided in paragraphs (a)(1) 

and (a)(2) of this section, an action may 

be dismissed at the complainant’s 

request only by order of the presiding 

officer, on terms the presiding officer 

considers proper. If the motion is based 

on a settlement by the parties, the 

settlement agreement must be submitted 

with the motion for determination as to 

whether the settlement appears to 

violate any law or policy and to ensure 

the settlement is free of fraud, duress, 

undue influence, mistake, or other 

defects which might make it 

unapprovable. Unless the order states 

otherwise, a dismissal under this 

paragraph is without prejudice. 

(b) Involuntary dismissal; effect. If the 

complainant fails to prosecute or to 

comply with these rules or an order in 

the proceeding, a respondent may move 

to dismiss the action or any claim 

against it, or the presiding officer, after 

notice to the parties, may dismiss the 

proceeding on its own motion. Unless 

the dismissal order states otherwise, a 

dismissal under this subpart, except one 

for lack of jurisdiction or failure to join 

a party, operates as an adjudication on 

the merits. 

(c) Dismissing a counterclaim, 

crossclaim, or third-party claim. This 

rule applies to dismissals of any 

counterclaim, crossclaim, or third-party 

claim. 

Karen V. Gregory, 

Secretary. 

[FR Doc. 2014–29946 Filed 12–22–14; 8:45 am] 

BILLING CODE 6730–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 0, 1, 2, 15, 27, 73, and 74 

[GN Docket No. 12–268; FCC 14–143] 

Expanding the Economic and 

Innovation Opportunities of Spectrum 

Through Incentive Auctions 

AGENCY: Federal Communications 

Commission. 

ACTION: Correcting amendments. 

SUMMARY: This document contains 

corrections to the final regulations to the 

Commission’s rules which were 

published in the Federal Register on 

Thursday, November 6, 2014 (79 FR 

65906). The Commission published a 

clarification in the Declaratory Ruling, 

which clarifies how the Commission 

intends to preserve the ‘‘coverage area’’ 

of eligible broadcasters in the repacking 

process associated with the broadcast 

television spectrum incentive auctions. 

This document contains corrections to 

the adopted date. 

DATES: Effective November 6, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Aspasia Paroutsas, Office of Engineering 

and Technology, 202–418–7285, 

Aspasia.Paroutsas@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

regulations that are the subject of this 

correction relates to ‘‘Expanding the 

Economic and Innovation Opportunities 

of Spectrum Through Incentive 

Auctions’’ adopted date. 

Need for Correction 

As published, in the final regulations 

appearing on page 65906 in the Federal 

Register of November 6, 2014, the first 

sentence of the SUPPLEMENTARY

INFORMATION is corrected to read as 

follows: 

This is a summary of the 

Commission’s Declaratory Ruling, GN 

Docket No. 12–268, FCC 14–143, 

adopted September 30, 2014 and 

released September 30, 2014. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2014–30079 Filed 12–22–14; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 15 

[ET Docket No. 13–49; FCC 14–30] 

Unlicensed National Information 

Infrastructure (U–NII) Devices in the 5 

GHz Band 

AGENCY: Federal Communications 

Commission. 

ACTION: Correcting amendment. 

SUMMARY: On April 1, 2014, the 

Commission released a Report and 

Order, ‘‘Unlicensed National 

Information Infrastructure (U–NII) 

Devices in the 5 GHz Band.’’ This 

document contains corrections to the 

final regulations for ‘‘Unlicensed 

National Information Infrastructure (U– 

NII) Devices in the 5 GHz Band’’ that 

appeared in the Federal Register on 

May 1, 2014 (79 FR 24569). 

DATES: Effective December 23, 2014. 

FOR FURTHER INFORMATION CONTACT: Aole 

Wilkins, Office of Engineering and 

Technology, (202) 418–2406 or email 

Aole.Wilkins@fcc.gov. 

SUPPLEMENTARY INFORMATION: 


tkelley on DSK3SPTVN1PROD with RULES