Update of Existing User Fees

Published date13 November 2020
Citation85 FR 72574
Record Number2020-23763
SectionRules and Regulations
CourtFederal Maritime Commission
Federal Register, Volume 85 Issue 220 (Friday, November 13, 2020)
[Federal Register Volume 85, Number 220 (Friday, November 13, 2020)]
                [Rules and Regulations]
                [Pages 72574-72579]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-23763]
                =======================================================================
                -----------------------------------------------------------------------
                FEDERAL MARITIME COMMISSION
                46 CFR Parts 502, 503, 520, 530, 535, 540, 550, 555, and 560
                [Docket No. 20-18]
                RIN 3072-AC83
                Update of Existing User Fees
                AGENCY: Federal Maritime Commission
                ACTION: Direct final rule; request for comments.
                -----------------------------------------------------------------------
                SUMMARY: The Federal Maritime Commission (Commission) is updating its
                current user fees and amending the relevant regulations to reflect
                these updates. The Commission is also correcting an internal citation
                and clarifying the applicability of a fee in an existing regulation.
                [[Page 72575]]
                DATES: The rule is effective without further action on January 27,
                2021, unless significant adverse comments are filed prior to December
                14, 2020. If significant adverse comments are received, the Commission
                will publish a timely withdrawal of the rule in the Federal Register no
                later than December 28, 2020.
                ADDRESSES: You may submit comments, identified by Docket No. 20-18, by
                the following method:
                 Email: [email protected]. For comments, include in the
                subject line: ``Docket 20-18, Comments on User Fee Update.'' Comments
                should be attached to the email as a Microsoft Word or text-searchable
                PDF document. Both confidential and public versions of confidential
                comments and petitions should be submitted by email.
                 Instructions: For detailed instructions on submitting comments,
                including requesting confidential treatment of comments, and additional
                information on the rulemaking process, see the Public Participation
                heading of the Supplementary Information section of this document. Note
                that all comments received will be posted without change to the
                Commission's website, unless the commenter has requested confidential
                treatment.
                 Docket: For access to the docket to read background documents or
                comments received, go to the Commission's Electronic Reading Room at:
                http://www2.fmc.gov/readingroom/proceeding/20-18.
                FOR FURTHER INFORMATION CONTACT: Rachel E. Dickon, Secretary. Phone:
                (202) 523-5725. Email: [email protected].
                SUPPLEMENTARY INFORMATION:
                I. Background
                 The Independent Offices Appropriation Act of 1952 (IOAA), 31 U.S.C.
                9701, authorizes agencies to establish charges (user fees) for services
                and benefits that they provide to specific recipients. Under the IOAA,
                charges must be fair and based on the costs to the Government, the
                value of the service or thing to the recipient, the public policy or
                interest served, and other relevant facts. The IOAA also provides that
                regulations implementing user fees are subject to policies prescribed
                by the President, which are currently set forth in Office of Management
                and Budget (OMB) Circular A-25, User Charges (revised July 8, 1993).
                 Under OMB Circular A-25, fees must be established for Government-
                provided services that confer benefits on identifiable recipients over
                and above those benefits received by the general public. OMB Circular
                A-25 further provides that, generally, user fees must be sufficient to
                recover the full cost to the government for providing the service,
                resource, or good. Agencies are advised to determine or estimate costs
                based on the best available records in the agency and to ensure that
                cost computations cover the direct and indirect costs to the agency of
                providing the service. OMB Circular A-25 also states that agencies are
                permitted to set user fees below costs if conditions justify the
                exception.
                 OMB Circular A-25 also directs agencies to review biennially: (1)
                user charges for agency programs to assure that existing charges are
                adjusted to reflect unanticipated changes in costs or market values;
                and (2) all other agency programs to determine whether fees should be
                assessed. The Commission last reviewed and updated its user fees in
                2018. 83 FR 50290 (Oct. 5, 2018).
                II. Fee Adjustments
                 The Commission has reviewed its data on the time and cost involved
                in providing particular services to arrive at the updated direct and
                indirect labor costs for those services. As part of its assessment, the
                Commission utilized salaries of Full Time Equivalents (FTEs) assigned
                to fee-generating activities to identify the various direct and
                indirect costs associated with providing such services. Direct labor
                costs include clerical and professional time expended on an activity.
                Indirect labor costs include labor provided by bureaus and offices that
                provide direct support to the fee-generating offices in their efforts
                to provide services and include managerial and supervisory costs
                associated with providing a particular service. Other indirect costs
                include Government overhead costs, such as fringe benefits and other
                wage-related Government contributions contained in OMB Circular A-76,
                Performance of Commercial Activities (revised May 29, 2003) and office
                general and administrative expenses.\1\ 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. A
                more detailed description of the Commission's methodology has been
                included in the docket.
                ---------------------------------------------------------------------------
                 \1\ OMB Circular A-76 lists the following indirect labor costs:
                Leave and holidays, retirement, worker's compensation, awards,
                health and life insurance, and Medicare. General and administrative
                costs are expressed as a percentage of basic pay. These include all
                salaries and overhead such as rent, utilities, supplies, and
                equipment allocated to Commission offices that provide direct
                support to fee-generating offices such as the Office of Information
                Technology, Office of Human Resources, Office of Budget and Finance,
                and the Office of Management Services.
                ---------------------------------------------------------------------------
                 The Commission is increasing some fees to reflect salary increases
                for FTEs assigned to certain fee-generating services. For some
                services, an increase in processing or review time may account for all
                or part of the increase in the amount of the fees. For other services,
                the Commission is decreasing fees due to an overall reduced cost to
                provide those services or a decrease in overhead costs resulting from
                fewer FTEs employed by the Commission and fewer FTEs assigned to fee-
                generating activities.
                 The Commission is including two supporting documents providing
                detailed information on the updated user fee calculations in the
                docket. The first document shows the direct and indirect costs for each
                service for which a fee is assessed based on FY 2019 cost data. The
                second document compares the current fee amounts established in 2018
                with the updated fee amounts reflecting the current costs, showing the
                percentage increase or decrease and change in dollar amount.
                A. Significant Change in User Fees
                 The Commission briefly describes below changes in user fees that
                result in more than a 10 percent increase or decrease to a particular
                fee.
                1. Record Search and Document Duplication Fees (Part 503)
                 The hourly rate for document searches conducted by clerical/
                administrative personnel in response to Freedom of Information Act
                (FOIA) requests is decreasing from $52 per hour to $39 per hour. This
                updated fee reflects the lower average hourly salaries of the non-
                professional staff who conduct record searches. The minimum charge for
                a records search is increasing from $31 to $39. This updated rate
                reflects the higher average salary of the FTEs performing this service.
                The minimum duplication charge is also increasing from $6 to $7, which
                reflects the higher salaries of staff performing these services.
                2. Passenger Vessel Operator Performance and Casualty Certificates
                (Part 540)
                 The application fees for Certificates of Financial Responsibility
                for Indemnification of Passengers for Nonperformance of Transportation
                are increasing as follows: From $3,272 to $4,332 for general
                applications; and from $1,652 to $2,180 for applications to add or
                substitute a vessel to the applicant's fleet. For Certificates of
                [[Page 72576]]
                Financial Responsibility to Meet Liability Incurred for Death or Injury
                to Passengers or Other Persons on Voyages, the application fees are
                increasing as follows: from $1,441 to $1,889 for general applications;
                and from $718 to $921 for applications to add or substitute a vessel to
                the applicant's fleet. These increases are primarily due to a change in
                grade level of the staff reviewing and processing these applications.
                B. Ocean Transportation Intermediary License Application Fees (Part
                515)
                 In Docket No. 18-11, the Commission revised 46 CFR part 515
                relating to Ocean Transportation Intermediary (OTI) license
                applications. See 84 FR 62464 (Nov. 15, 2019). The Commission amended
                Sec. Sec. 515.5(b) and 515.12(a) to eliminate the paper application
                option for OTI license applications. 84 FR at 62465, 62467. As noted in
                the 2018 direct final rule, the fees for the electronic filing of OTI
                applications will be addressed when the entire FMC-18 automated system
                is complete and operational and the costs of the system and its impact
                on the review of OTI applications can be quantified. Because the
                automated system is not yet complete, the Commission is not revising
                the fees in Part 515.
                C. Other Revisions
                 The Commission is making two minor revisions that are related to
                user fees. These additional changes update internal citations and
                clarify existing Commission regulations but do not substantively amend
                the meaning of the following sections.
                1. Update in Sec. 502.27
                 The Commission is revising Sec. 502.27 to reflect a change to an
                internal citation that resulted from a previous rulemaking proceeding.
                2. Clarification in Sec. 550.402
                 The Commission is also revising Sec. 550.402. In addition to
                updating the fee in the last sentence, the Commission is deleting the
                first sentence of Sec. 550.402, which provides that other than
                petitions for rulemaking, requests for relief from conditions
                unfavorable to shipping in the foreign trade under 46 U.S.C. ch. 421
                must be by written petition. This sentence was inadvertently included
                in a 2016 final rule amending the Commission's user fees. 81 FR 59141
                (Aug. 29, 2016). Because Sec. 550.403 requires that all petitions
                under part 550 must include a recommended regulation for the Commission
                to promulgate, this sentence has created confusion as to whether
                written petitions are required. The Commission is therefore deleting
                this sentence to confirm that a petition seeking a regulation that
                adjusts or meets conditions unfavorable to shipping in the foreign
                trade of the United States must be in writing.
                III. Public Participation
                 How do I prepare and submit comments?
                 Your comments must be written and in English. To ensure that your
                comments are correctly filed in the docket, please include the docket
                number of this document in your comments.
                 You may submit your comments via email to the email address listed
                above under ADDRESSES. Please include the docket number associated with
                this notice and the subject matter in the subject line of the email.
                Comments should be attached to the email as a Microsoft Word or text-
                searchable PDF document. Both non-confidential and confidential
                comments should be submitted by email.
                How do I submit confidential business information?
                 The Commission will provide confidential treatment for identified
                confidential information to the extent allowed by law. If your comments
                contain confidential information, you must submit the following by
                email to the email address listed above under ADDRESSES:
                 A transmittal letter requesting confidential treatment
                that identifies the specific information in the comments for which
                protection is sought and demonstrates that the information is a trade
                secret or other confidential research, development, or commercial
                information.
                 A confidential copy of your comments, consisting of the
                complete filing with a cover page marked ``Confidential-Restricted,''
                and the confidential material clearly marked on each page.
                 A public version of your comments with the confidential
                information excluded. The public version must state ``Public Version--
                confidential materials excluded'' on the cover page and on each
                affected page and must clearly indicate any information withheld.
                Will the Commission consider late comments?
                 The Commission will consider all comments received before the close
                of business on the comment closing date indicated above under DATES.
                Because this is a direct final rule that will go into effect as
                specified in the DATES section in the absence of significant adverse
                comment received during the comment period, the Commission will not
                consider any comments filed after the comment closing date.
                How can I read comments submitted by other people?
                 You may read the comments received by the Commission at the
                Commission's Electronic Reading Room at the address listed above under
                ADDRESSES.
                IV. Rulemaking Analyses and Notices
                Direct Final Rule Justification
                 The Commission expects the user fee updates to be noncontroversial.
                Under the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), a
                final rule may be issued without notice and comment when the agency for
                good cause finds (and incorporates the finding and a brief statement of
                reasons therefor in the rules issued) that notice and public procedure
                thereon are impracticable, unnecessary, or contrary to the public
                interest. This rule merely updates the user fee amounts for various
                services provided by the Commission based on a review of the costs to
                provide these services and makes minor corrections to some of the
                provisions specifying user fees. This rule makes no substantive changes
                to the Commission's regulations nor does it affect any filing or other
                requirement. Accordingly, the Commission has determined that providing
                an opportunity for comment prior to publication of this direct final
                rule is unnecessary under 5 U.S.C. 553(b)(B).
                 This rule will therefore become effective on the date listed in the
                DATES section unless the Commission receives significant adverse
                comments within the specified period. The Commission recognizes that
                parties may have information that could impact the Commission's views
                and intentions with respect to the revised regulations, and the
                Commission intends to consider any comments filed. The Commission will
                withdraw the rule by the date specified in the DATES section if it
                receives significant adverse comments.
                 We note that the scope of the rulemaking is limited to the amounts
                charged for Commission services and minor revisions to user-fee-related
                regulations, and any substantive changes to the underlying regulations
                governing those services or related requirements would be outside this
                scope. Accordingly, comments on the underlying regulations and related
                requirements will not be considered adverse. Filed comments that are
                not adverse may be considered for
                [[Page 72577]]
                modifications to the Commission's regulations at a future date. If no
                significant adverse comments are received, the rule will become
                effective without additional action by the Commission.
                Congressional Review Act
                 The rule is not a ``major rule'' as defined by the Congressional
                Review Act, codified at 5 U.S.C. 801 et seq. The rule will not result
                in: (1) An annual effect on the economy of $100,000,000 or more; (2) a
                major increase in costs or prices; or (3) significant adverse effects
                on competition, employment, investment, productivity, innovation, or
                the ability of United States-based companies to compete with foreign-
                based companies. 5 U.S.C. 804(2).
                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 APA (5 U.S.C. 553), the agency must prepare and make available 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: Interpretative
                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 discussed above, the Commission has for good cause determined
                that notice and comment in this case is unnecessary. 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 rule updates user fees for
                services that fall within various categorical exclusions, and no
                environmental assessment or environmental impact statement is required.
                In particular, rulemakings related to the following fall under
                categorical exclusions: certification of financial responsibility of
                passenger vessels under part 540 (Sec. 504.4(a)(2)); promulgation of
                procedural rules under part 502 (Sec. 504.4(a)(4)); receipt of service
                contracts (Sec. 504.4(a)(5)); consideration of special permission
                applications under part 520 (Sec. 504.4(a)(6)); consideration of
                agreements (Sec. 504.4(a)(9)-(13), (30)-(35)); action taken on special
                docket applications under Sec. 502.271 (Sec. 504.4(a)(19)); and
                action regarding access to public information under part 503 (Sec.
                504.4(a)(24)).
                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.
                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 a rule. 5 CFR 1320.11.
                This rule does not contain any collections of information as defined by
                44. U.S.C. 3502(3) and 5 CFR 1320.3(c).
                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 at the
                beginning of this document to find this action in the Unified Agenda,
                available at http://www.reginfo.gov/public/do/eAgendaMain.
                List of Subjects
                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 503
                 Classified information, Freedom of Information, Privacy, Sunshine
                Act.
                46 CFR Part 520
                 Common carrier, Freight, Intermodal transportation, Maritime
                carriers, Reporting and recordkeeping requirements.
                46 CFR Part 530
                 Freight, Maritime carriers, Report and recordkeeping requirements.
                46 CFR Part 535
                 Administrative practice and procedure, Maritime carriers, Reporting
                and recordkeeping requirements.
                46 CFR Part 540
                 Insurance, Maritime carriers, Penalties, Reporting and
                recordkeeping requirements, Surety bonds.
                46 CFR Part 550
                 Administrative practice and procedure, Maritime carriers.
                46 CFR Part 555
                 Administrative practice and procedure, Investigations, Maritime
                carriers.
                46 CFR Part 560
                 Administrative practice and procedure, Maritime carriers.
                 For the reasons set forth above, the Federal Maritime Commission
                amends 46 CFR parts 502, 503, 520, 530, 535, 540, 550, 555, and 560 as
                follows:
                PART 502--RULES OF PRACTICE AND PROCEDURE
                0
                1. The authority citation for part 502 is amended to read as follows:
                 Authority: 5 U.S.C. 504, 551, 552, 553, 556(c), 559, 561-569,
                571-584; 591-596; 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; 5 CFR part 2635.
                0
                2. Amend Sec. 502.27 by revising the last sentence in paragraph (a)(1)
                to read as follows:
                Sec. 502.27 Persons not attorneys at law.
                 (a)(1) * * * Applications by persons not attorneys at law for
                admission to practice before the Commission shall be made on the forms
                prescribed therefor, which may be obtained from the Secretary of the
                Commission, and shall be addressed to the Federal Maritime Commission,
                Washington, DC, 20573, and shall be accompanied by a fee as required by
                Sec. 503.50(d) of this chapter.
                * * * * *
                0
                3. Amend Sec. 502.62 by revising paragraph (a)(6) to read as follows:
                Sec. 502.62 Private party complaints for formal adjudication.
                 (a) * * *
                [[Page 72578]]
                 (6) Filing fee. The complaint must be accompanied by remittance of
                a $288 filing fee.
                * * * * *
                0
                4. Amend Sec. 502.93 by revising paragraph (a)(3) to read as follows:
                Sec. 502.93 Declaratory orders and fee.
                 (a) * * *
                 (3) Petitions must be accompanied by remittance of a $306 filing
                fee.
                * * * * *
                0
                5. Amend Sec. 502.94 by revising paragraph (b) to read as follows:
                Sec. 502.94 Petitions-general and fee.
                * * * * *
                 (b) Petitions must be accompanied by remittance of a $306 filing
                fee. [Rule 94.]
                0
                6. Amend Sec. 502.271 by revising paragraph (d)(5) to read as follows:
                Sec. 502.271 Special docket application for permission to refund or
                waive freight charges.
                * * * * *
                 (d) * * *
                 (5) Applications must be accompanied by remittance of a $115 filing
                fee.
                * * * * *
                0
                7. Amend Sec. 502.304 by revising the last sentence of paragraph (b)
                to read as follows:
                Sec. 502.304 Procedure and filing fee.
                * * * * *
                 (b) * * * Such claims must be accompanied by remittance of a $112
                filing fee.
                * * * * *
                PART 503--PUBLIC INFORMATION
                0
                8. The authority citation for part 503 continues to read as follows:
                 Authority: 5 U.S.C. 331, 552, 552a, 552b, 553; 31 U.S.C. 9701;
                46 U.S.C. 303; E.O. 13526 of January 5, 2010 75 FR 707, 3 CFR, 2010
                Comp., p. 298, sections 5.1(a) and (b).
                0
                9. Amend Sec. 503.50 by revising paragraphs (c)(1)(i) and (ii); the
                first sentence of paragraph (c)(2); and paragraphs (c)(3)(ii) and
                (iii), (c)(4), and (d) to read as follows:
                Sec. 503.50 Fees for services.
                * * * * *
                 (c) * * *
                 (1) * * *
                 (i) Search will be performed by clerical/administrative personnel
                at a rate of $39 per hour and by professional/executive personnel at a
                rate of $77 per hour.
                 (ii) Unless an exception provided in paragraph (b)(2) of this
                section applies, the minimum charge for record search is $39.
                 (2) Charges for review of records to determine whether they are
                exempt from disclosure under Sec. 503.33 must be assessed to recover
                full costs at the rate of $108 per hour. * * *
                 (3) * * *
                 (ii) By Commission personnel, at the rate of ten cents per page
                (one side) plus $39 per hour.
                 (iii) Unless an exception provided in paragraph (b)(2) of this
                section applies, the minimum charge for copying is $7.
                * * * * *
                 (4) The certification and validation (with Federal Maritime
                Commission seal) of documents filed with or issued by the Commission
                will be available at $111 for each certification.
                 (d) Applications for admission to practice before the Commission
                for persons not attorneys at law must be accompanied by a fee of $206
                pursuant to Sec. 502.27 of this chapter.
                0
                10. Amend Sec. 503.69 by revising paragraph (b)(2) 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 $111 for each certification.
                * * * * *
                PART 520--CARRIER AUTOMATED TARIFFS
                0
                11. The authority citation for part 520 continues to read as follows:
                 Authority: 5 U.S.C. 553; 46 U.S.C. 305, 40101-40102, 40501-
                40503, 40701-40706, 41101-41109.
                0
                12. Amend Sec. 520.14 by revising the last sentence of paragraph
                (c)(1) to read as follows:
                Sec. 520.14 Special permission.
                * * * * *
                 (c) * * *
                 (1) * * * Every such application must be submitted to the Bureau of
                Trade Analysis and be accompanied by a filing fee of $307.
                * * * * *
                PART 530--SERVICE CONTRACTS
                0
                13. The authority citation for part 530 continues to read as follows:
                 Authority: 5 U.S.C. 553; 46 U.S.C. 305, 40301-40306, 40501-
                40503, 41307.
                0
                14. Amend Sec. 530.10 by revising paragraph (c) introductory text to
                read as follows:
                Sec. 530.10 Amendment, correction, cancellation, and electronic
                transmission errors.
                * * * * *
                 (c) Corrections. Requests shall be filed, in duplicate, with the
                Commission's Office of the Secretary within one-hundred eighty (180)
                days of the contract's filing with the Commission, accompanied by
                remittance of a $97 service fee, and must include:
                * * * * *
                PART 535--OCEAN COMMON CARRIER AND MARINE TERMINAL OPERATOR
                AGREEMENTS SUBJECT TO THE SHIPPING ACT OF 1984
                0
                15. 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.
                0
                16. Amend Sec. 535.401 by revising paragraph (g) to read as follows:
                Sec. 535.401 General requirements.
                * * * * *
                 (g) The filing fee is $3,454 for new agreements and any agreement
                modifications requiring Commission review and action; $526 for
                agreements processed under delegated authority (for types of agreements
                that can be processed under delegated authority, see Sec. 501.27(e) of
                this chapter); $296 for carrier exempt agreements; and $87 for terminal
                exempt agreements.
                * * * * *
                PART 540--PASSENGER VESSEL FINANCIAL RESPONSIBILITY
                0
                17. The authority citation for part 540 continues to read as follows:
                 Authority: 5 U.S.C. 552, 553; 31 U.S.C. 9701; 46 U.S.C. 305,
                44101-44106.
                0
                18. Amend Sec. 540.4 by revising paragraph (e) to read as follows:
                Sec. 540.4 Procedure for establishing financial responsibility.
                * * * * *
                 (e) An application for a Certificate (Performance), excluding an
                application for the addition or substitution of a vessel to the
                applicant's fleet, must be accompanied by a filing fee remittance of
                $4,332. An application for a Certificate (Performance) for the addition
                or substitution of a vessel to the applicant's fleet must be
                accompanied by a filing fee remittance of $2,180. Administrative
                changes, such as the renaming of a vessel will not incur any additional
                fees.
                * * * * *
                [[Page 72579]]
                0
                19. Amend Sec. 540.23 by revising the last two sentences of paragraph
                (b) to read as follows:
                Sec. 540.23 Procedure for establishing financial responsibility.
                * * * * *
                 (b) * * * An application for a Certificate (Casualty), excluding an
                application for the addition or substitution of a vessel to the
                applicant's fleet, must be accompanied by a filing fee remittance of
                $1,889. An application for a Certificate (Casualty) for the addition or
                substitution of a vessel to the applicant's fleet must be accompanied
                by a filing fee remittance of $921.
                * * * * *
                PART 550--REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO
                SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES
                0
                20. The authority citation for part 550 continues to read as follows:
                 Authority: 5 U.S.C. 553; 46 U.S.C. 301-307; sec. 19 (a)(2),
                (e), (f), (g), (h), (i), (j), (k) and (l) of the Merchant Marine
                Act, 1920, 46 U.S.C. 42101 and 42104-42109; and sec. 10002 of the
                Foreign Shipping Practices Act of 1988, 46 U.S.C. 42301-42307.
                0
                21. Revise Sec. 550.402 to read as follows:
                Sec. 550.402 Filing of petitions.
                 All requests for relief from conditions unfavorable to shipping in
                the foreign trade must be by written petition. An original and fifteen
                copies of a petition for relief under the provisions of this part must
                be filed with the Secretary, Federal Maritime Commission, Washington,
                DC 20573. The petition must be accompanied by remittance of a $306
                filing fee.
                PART 555--ACTIONS TO ADDRESS ADVERSE CONDITIONS AFFECTING U.S.-FLAG
                CARRIERS THAT DO NOT EXIST FOR FOREIGN CARRIERS IN THE UNITED
                STATES
                0
                22. The authority citation for part 555 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. 42301-42307).
                0
                23. Amend Sec. 555.4 by revising the last sentence of paragraph (a) to
                read as follows:
                Sec. 555.4 Petitions.
                 (a) * * * The petition must be accompanied by remittance of a $306
                filing fee.
                * * * * *
                PART 560--ACTIONS TO ADDRESS CONDITIONS UNDULY IMPAIRING ACCESS OF
                U.S.-FLAG VESSELS TO OCEAN TRADE BETWEEN FOREIGN PORTS
                0
                24. The authority citation for part 560 continues to read as follows:
                 Authority: 5 U.S.C. 553; secs. 13(b)(6), 15 and 17 of the
                Shipping Act of 1984, 46 U.S.C. 305, 40104, and 41108(d); sec. 10002
                of the Foreign Shipping Practices Act of 1988 (46 U.S.C. 42301-
                42307).
                0
                25. Amend Sec. 560.3 by revising the last sentence of paragraph (a)(2)
                to read as follows:
                Sec. 560.3 Petitions for relief.
                 (a) * * *
                 (2) * * * the petition must be accompanied by remittance of a $306
                filing fee.
                * * * * *
                 By the Commission.
                Rachel Dickon,
                Secretary.
                [FR Doc. 2020-23763 Filed 11-12-20; 8:45 am]
                BILLING CODE 6730-02-P
                

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT