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46Part 500 to End

Revised as of October 1, 2002

Shipping

Containing a codification of documents

of general applicability and future effect

As of October 1, 2002

With Ancillaries

Published by

Office of the Federal Register

National Archives and Records

Administration

A Special Edition of the Federal Register

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U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 2002

For sale by the Superintendent of Documents, U.S. Government Printing Office

Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800

Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 204020001


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iii

Table of ContentsPage

Explanation ................................................................................................ v

Title 46:

Chapter IVFederal Maritime Commission .................................... 3

Finding Aids:

Table of CFR Titles and Chapters ....................................................... 265

Alphabetical List of Agencies Appearing in the CFR ......................... 283

List of CFR Sections Affected ............................................................. 293


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Cite this Code: CFR

To cite the regulations in

this volume use title,

part and section num-

ber. Thus,46 CFR 501.1

refers to title 46, part

501, section 1.


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Explanation

The Code of Federal Regulations is a codification of the general and permanent

rules published in the Federal Register by the Executive departments and agen-

cies of the Federal Government. The Code is divided into 50 titles which represent

broad areas subject to Federal regulation. Each title is divided into chapters

which usually bear the name of the issuing agency. Each chapter is further sub-divided into parts covering specific regulatory areas.

Each volume of the Code is revised at least once each calendar year and issued

on a quarterly basis approximately as follows:

Title 1 through Title 16..............................................................as of January 1

Title 17 through Title 27 .................................................................as of April 1

Title 28 through Title 41 ..................................................................as of July 1

Title 42 through Title 50 .............................................................as of October 1

The appropriate revision date is printed on the cover of each volume.

LEGAL STATUS

The contents of the Federal Register are required to be judicially noticed (44

U.S.C. 1507). The Code of Federal Regulations is prima facie evidence of the text

of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

The Code of Federal Regulations is kept up to date by the individual issues

of the Federal Register. These two publications must be used together to deter-

mine the latest version of any given rule.

To determine whether a Code volume has been amended since its revision date

(in this case, October 1, 2002), consult the List of CFR Sections Affected (LSA),

which is issued monthly, and the Cumulative List of Parts Affected, which

appears in the Reader Aids section of the daily Federal Register. These two lists

will identify the Federal Register page number of the latest amendment of any

given rule.

EFFECTIVE AND EXPIRATION DATES

Each volume of the Code contains amendments published in the Federal Reg-

ister since the last revision of that volume of the Code. Source citations for

the regulations are referred to by volume number and page number of the Federal

Register and date of publication. Publication dates and effective dates are usu-

ally not the same and care must be exercised by the user in determining the

actual effective date. In instances where the effective date is beyond the cut-

off date for the Code a note has been inserted to reflect the future effective

date. In those instances where a regulation published in the Federal Register

states a date certain for expiration, an appropriate note will be inserted following

the text.

OMB CONTROL NUMBERS

The Paperwork Reduction Act of 1980 (Pub. L. 96511) requires Federal agencies

to display an OMB control number with their information collection request.


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Many agencies have begun publishing numerous OMB control numbers as amend-

ments to existing regulations in the CFR. These OMB numbers are placed as

close as possible to the applicable recordkeeping or reporting requirements.

OBSOLETE PROVISIONS

Provisions that become obsolete before the revision date stated on the cover

of each volume are not carried. Code users may find the text of provisions in

effect on a given date in the past by using the appropriate numerical list of

sections affected. For the period before January 1, 2001, consult either the List

of CFR Sections Affected, 19491963, 19641972, 19731985, or 19862000, published

in 11 separate volumes. For the period beginning January 1, 2001, a List of CFR

Sections Affected is published at the end of each CFR volume.

CFR INDEXES AND TABULAR GUIDESA subject index to the Code of Federal Regulations is contained in a separate

volume, revised annually as of January 1, entitled CFR I NDEX AND FINDING AIDS.

This volume contains the Parallel Table of Statutory Authorities and Agency

Rules (Table I). A list of CFR titles, chapters, and parts and an alphabetical

list of agencies publishing in the CFR are also included in this volume.

An index to the text ofTitle 3The President is carried within that volume.

The Federal Register Index is issued monthly in cumulative form. This index

is based on a consolidation of the Contents entries in the daily Federal Reg-

ister.

A List of CFR Sections Affected (LSA) is published monthly, keyed to the

revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

There are no restrictions on the republication of material appearing in the

Code of Federal Regulations.

INQUIRIES

For a legal interpretation or explanation of any regulation in this volume,

contact the issuing agency. The issuing agencys name appears at the top of

oddnumbered pages.

For inquiries concerning CFR reference assistance, call 2027416000 or write

to the Director, Office of the Federal Register, National Archives and Records

Administration, Washington, DC 20408 or e-mail [email protected].

SALES

The Government Printing Office (GPO) processes all sales and distribution of

the CFR. For payment by credit card, call toll free, 8665121800, or DC area,

2025121800, MF 8 a.m. to 4 p.m. e.s.t. or fax your order to 2025122250, 24 hours

a day. For payment by check, write to the Superintendent of Documents, Attn:

New Orders, P.O. Box 371954, Pittsburgh, PA 152507954. For GPO Customer Serv-

ice call 2025121803.

ELECTRONIC SERVICES

The full text of the Code of Federal Regulations, the LSA (List of CFR Sections

Affected), The United States Government Manual, the Federal Register, Public

Laws, Public Papers, Weekly Compilation of Presidential Documents and the Pri-

vacy Act Compilation are available in electronic format at www.access.gpo.gov/

nara (GPO Access). For more information, contact Electronic Information Dis-

semination Services, U.S. Government Printing Office. Phone 2025121530, or 888

2936498 (tollfree). Email, [email protected].


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The Office of the Federal Register also offers a free service on the National

Archives and Records Administrations (NARA) World Wide Web site for public

law numbers, Federal Register finding aids, and related information. Connect

to NARAs web site at www.nara.gov/fedreg. The NARA site also contains links

to GPO Access.

RAYMOND A. MOSLEY,

Director,

Office of the Federal Register.

October 1, 2002.


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THIS TITLE

Title 46SHIPPING is composed of nine volumes. The parts in these volumes

are arranged in the following order: Parts 140, 4169, 7089, 90139, 140155, 156

165, 166199, 200499 and 500 to End. The first seven volumes containing parts 1

199 comprise chapter ICoast Guard, DOT. The eighth volume, containing parts

200 to 499, includes chapter IIMaritime Administration, DOT and chapter IIICoast Guard (Great Lakes Pilotage), DOT. The ninth volume, containing part

500 to End, includes chapter IVFederal Maritime Commission. The contents

of these volumes represent all current regulations codified under this title of

the CFR as of October 1, 2002.

Subject indexes appear in subchapters AI, IA, J, K, L, and QW following

the subchapters.


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Title 46Shipping(This book contains part 500 to End)

Part

CHAPTER IVFederal Maritime Commission ......................... 500

CROSS REFERENCES: U.S. Customs Service, Department of the Treasury: See Customs Duties,

19 CFR chapter I.

Coast Guard, Department of Transportation: See Navigation and Navigable Waters, 33 CFR

chapter I; Shipping, 46 CFR chapter I; Federal Acquisition Regulations, 48 CFR chapter 12.

Foreign-Trade Zones Board: See Commerce and Foreign Trade, 15 CFR chapter IV.

Surface Transportation Board: See Transportation, 49 CFR chapter X.

Canal Zone Regulations: See Panama Canal, 35 CFR chapter I.

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CHAPTER IVFEDERAL MARITIME

COMMISSION

SUBCHAPTER AGENERAL AND ADMINISTRATIVE PROVISIONS

Part Page

501 The Federal Maritime CommissionGeneral ......... 5

502 Rules of practice and procedure .............................. 19

503 Public information .................................................. 91

504 Procedures for environmental policy analysis ........ 121

505 Administrative offset .............................................. 126

506 Civil monetary penalty inflation adjustment ......... 128

507 Enforcement of nondiscrimination on the basis ofhandicap in programs or activities conducted bythe Federal Maritime Commission ....................... 130

508 Employee ethical conduct standards and financial

disclosure regulations .......................................... 136

SUBCHAPTER BREGULATIONS AFFECTING OCEAN SHIPPING INFOREIGN COMMERCE

515 Licensing, financial responsibility requirements,and general duties for ocean transportationintermediaries ...................................................... 137

520 Carrier automated tariffs ........................................ 159

525 Marine terminal operator schedules ....................... 174

530 Service contracts .................................................... 178

535 Agreements by ocean common carriers and otherpersons subject to the Shipping Act of 1984 .......... 189

540 Passenger vessel financial responsibility ................ 224

545 Interpretations and statements of policy ............... 241

SUBCHAPTER CREGULATIONS AND ACTIONS TO ADDRESSRESTRICTIVE FOREIGN MARITIME PRACTICES

550 Regulations to adjust or meet conditions unfavor-able to shipping in the foreign trade of theUnited States ....................................................... 243

551 Actions to adjust or meet conditions unfavorableto shipping in the U.S. foreign trade .................... 248


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46 CFR Ch. IV (10102 Edition)

Part Page

555 Actions to address adverse conditions affectingU.S.-flag carriers that do not exist for foreigncarriers in the United States ............................... 248

560 Actions to address conditions unduly impairing ac-cess of U.S.flag vessels to ocean trade betweenforeign ports ......................................................... 252

565 Controlled carriers .................................................. 257


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SUBCHAPTER AGENERAL AND ADMINISTRATIVEPROVISIONS

PART 501THE FEDERAL MARITIMECOMMISSIONGENERAL

Sec.

Subpart AOrganization and Functions

501.1 Purpose.501.2 General.501.3 Organizational components of the Fed-

eral Maritime Commission.501.4 Lines of responsibility.501.5 Functions of the organizational com-

ponents of the Federal Maritime Com-

mission.

Subpart BOfficial Seal

501.11 Official seal.

Subpart CDelegation and Redelegationof Authorities

501.21 Delegation of authorities.501.22 [Reserved]501.23 Delegation to the General Counsel.501.24 Delegation to the Secretary.501.25 Delegation to and redelegation by the

Executive Director.501.26 Delegation to the Director, Bureau of

Trade Analysis.501.27 Delegation to the Director, Bureau of

Consumer Complaints and Licensing.501.28 Delegation to the Director, Bureau of

Enforcement.

Subpart DPublic Requests for Information

501.41 Public requests for information and

decisions.

APPENDIX A TO PART 501FEDERAL MARITIME

COMMISSION ORGANIZATION CHART

AUTHORITY: 5 U.S.C. 551557, 701706, 2903

and 6304; 31 U.S.C. 3721; 41 U.S.C. 414 and 418;

44 U.S.C. 501520 and 35013520; 46 U.S.C. app.876, 1111, and 17011720; Reorganization Plan

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

L. 8956, 79 Stat. 195; 5 CFR part 2638; Pub. L.

89777, 80 Stat. 1356; Pub. L. 104320, 110 Stat.3870.

SOURCE: 65 FR 81749, Dec. 27, 2000, unless

otherwise noted.

Subpart AOrganization andFunctions

501.1 Purpose.

This part describes the organization,functions and Official Seal of, and the

delegation of authority within, theFederal Maritime Commission (Com-mission).

501.2 General.

(a) Statutory functions. The Commis-sion regulates common carriers bywater and other persons involved in theforeign commerce of the United States

under provisions of the Shipping Act of1984, as amended by the Ocean ShippingReform Act of 1998 (46 U.S.C. app. 17011720); section 19 of the Merchant Ma-rine Act, 1920 (46 U.S.C. app. 876); theForeign Shipping Practices Act of 1988(46 U.S.C. app. 1710a); sections 2 and 3,Pub. L. 89777, Financial Responsibilityfor Death or Injury to Passengers andfor Non-Performance of Voyages (46U.S.C. app. 817d and 817e); and other ap-plicable statutes.

(b) Establishment and composition ofthe Commission. The Commission wasestablished as an independent agencyby Reorganization Plan No. 7 of 1961,effective August 12, 1961, and is com-

posed of five Commissioners (Com-missioners or members), appointedby the President, by and with the ad-vice and consent of the Senate. Notmore than three Commissioners maybe appointed from the same politicalparty. The President designates one ofthe Commissioners to be the Chairmanof the Commission (Chairman).

(c) Terms and vacancies. The term ofeach member of the Commission is 5years and begins when the term of thepredecessor of that member ends (i.e.,on June 30 of each successive year), ex-cept that, when the term of office of amember ends, the member may con-tinue to serve until a successor is ap-

pointed and qualified. A vacancy in theoffice of any Commissioner shall befilled in the same manner as the origi-nal appointment, except that any per-son chosen to fill a vacancy shall be ap-pointed only for the unexpired term ofthe Commissioner whom he or she suc-ceeds. Each Commissioner shall be re-movable by the President for ineffi-ciency, neglect of duty, or malfeasancein office.


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46 CFR Ch. IV (10102 Edition) 501.3

(d) Quorum. A vacancy or vacanciesin the Commission shall not impair thepower of the Commission to execute itsfunctions. The affirmative vote of amajority of the members of the Com-mission is required to dispose of anymatter before the Commission. Forpurposes of holding a formal meetingfor the transaction of the business ofthe Commission, the actual presence oftwo Commissioners shall be sufficient.Proxy votes of absent members shall bepermitted.

(e) Meetings; records; rules and regula-

tions. The Commission shall, throughits Secretary, keep a true record of allits meetings and the yea-and-nay votestaken therein on every action andorder approved or disapproved by theCommission. In addition to or in aid ofits functions, the Commission adoptsrules and regulations in regard to itspowers, duties and functions under theshipping statutes it administers.

501.3 Organizational components ofthe Federal Maritime Commission.

The major organizational compo-nents of the Commission are set forthin the Organization Chart attached asAppendix A to this part. An outline

table of the components/functions fol-lows:

(a) Office of the Chairman of the Fed-eral Maritime Commission. (Chief Ex-ecutive and Administrative Officer;FOIA and Privacy Act Appeals Officer.)

(1) Information Security Officer.(2) Designated Agency Ethics Offi-

cial.(b) Offices of the Members of the Fed-

eral Maritime Commission.(c) Office of the Secretary. (FOIA and

Privacy Act Officer; Federal RegisterLiaison.)

(d) Office of the General Counsel.(Ethics Official; Chair, PermanentTask Force on International Affairs.)

(e) Office of Administrative LawJudges.

(f) Office of Equal Employment Op-portunity.

(g) Office of the Inspector General.(h) Office of the Executive Director.

(Chief Operating Officer; DesignatedSenior IRM Official; Senior Procure-ment Executive; Audit Followup andManagement Controls; Chief Informa-tion Officer; Chief Financial Officer.)

(1) Office of Information ResourcesManagement. (Senior IRM Manager;Computer Security; Forms Control;Records Management.)

(2) Office of Budget and FinancialManagement.

(3) Office of Human Resources.

(4) Office of Management Services(Physical Security; FMC ContractingOfficer).

(i) Bureau of Consumer Complaintsand Licensing (Dispute Resolution Spe-cialist).

(1) Office of Consumer Complaints.

(2) Office of Passenger Vessels & In-formation Processing.

(3) Office of Transportation Inter-mediaries.

(j) Bureau of Enforcement. (AreaRepresentatives.)

(k) Bureau of Trade Analysis.

(1) Office of Agreements.

(2) Office of Economics & Competi-tion Analysis.

(3) Office of Service Contracts & Tar-iffs.

(l) Boards and Committees.

(1) Executive Resources Board.

(2) Performance Review Board.

501.4 Lines of responsibility.(a) Chairman. The Office of the Sec-

retary, the Office of the General Coun-sel, the Office of Administrative LawJudges, the Office of Equal Employ-ment Opportunity, the Office of the In-spector General, the Office of the Exec-utive Director, and officials performingthe functions of Information SecurityOfficer and Designated Agency EthicsOfficial, report to the Chairman of theCommission.

(b) Office of the Executive Director. TheBureau of Consumer Complaints andLicensing, Bureau of Enforcement, Bu-reau of Trade Analysis, and the Officeof Budget and Financial Management,

Office of Human Resources, Office ofInformation Resources Management,and Office of Management Services re-port to the Office of the Executive Di-rector. The Office of Equal Employ-ment Opportunity and the Office of theInspector General receive administra-tive assistance from the Executive Di-rector. All other units of the Commis-sion receive administrative guidancefrom the Executive Director.


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Federal Maritime Commission 501.5

(c) Bureau of Enforcement and AreaRepresentatives. The Area Representa-tives report to the Director, Bureau ofEnforcement.

501.5 Functions of the organizationalcomponents of the Federal Mari-time Commission.

As further provided in subpart C ofthis part, the functions, including thedelegated authority of the Commis-sions organizational components and/or officials to exercise their functionsand to take all actions necessary to di-

rect and carry out their assigned dutiesand responsibilities under the lines ofresponsibility set forth in 501.4, arebriefly set forth as follows:

(a) Chairman. As the chief executiveand administrative officer of the Com-mission, the Chairman presides atmeetings of the Commission, admin-isters the policies of the Commissionto its responsible officials, and ensuresthe efficient discharge of their respon-sibilities. The Chairman provides man-agement direction to the Offices ofEqual Employment Opportunity, In-spector General, Secretary, GeneralCounsel, Administrative Law Judges,and Executive Director with respect to

all matters concerning overall Com-mission workflow, resource allocation(both staff and budgetary), work prior-ities and similar managerial matters;and establishes, as necessary, variouscommittees and boards to address over-all operations of the agency. TheChairman serves as appeals officerunder the Freedom of Information Act,the Privacy Act, and the Federal Ac-tivities Inventory Reform Act of 1998.The Chairman appoints the heads ofmajor administrative units after con-sultation with the other Commis-sioners. In addition, the Chairman, ashead of the agency, has certain re-sponsibilities under Federal laws and

directives not specifically related toshipping. For example, the special of-fices or officers within the Commis-sion, listed under paragraphs (a)(1)through (a)(4) of this section, are ap-pointed or designated by the Chairman,are under his or her direct supervisionand report directly to the Chairman:

(1) Under the direction and manage-ment of the Office Director, the Officeof Equal Employment Opportunity

(EEO) ensures that statutory andregulatory prohibitions against dis-crimination in employment and the re-quirements for related programs arefully implemented. As such, the Officeadministers and implements com-prehensive programs on discriminationcomplaints processing, affirmative ac-tion and special emphasis. The Direc-tor, EEO, advises the Chairman regard-ing EEOs plans, procedures, regula-tions, reports and other matters per-taining to policy and the agencys pro-grams. Additionally, the Director pro-

vides leadership and advice to man-agers and supervisors in carrying outtheir respective responsibilities inequal employment opportunity. TheOffice administers and implementsthese program responsibilities in ac-cordance with Equal Employment Op-portunity Commission (EEOC) Regu-lations at 29 CFR Part 1614 and otherrelevant EEOC Directives and Bul-letins.

(2) Under the direction and manage-ment of the Inspector General, the Of-fice of Inspector General conducts, su-pervises and coordinates audits and in-vestigations relating to the programsand operations of the Commission; re-

views existing and proposed legislationand regulations pertaining to such pro-grams and operations; provides leader-ship and coordination and recommendspolicies for activities designed to pro-mote economy, efficiency, and effec-tiveness in the administration of, andto prevent and detect waste, fraud andabuse in, such programs and oper-ations; and advises the Chairman andthe Congress fully and currently aboutproblems and deficiencies relating tothe administration of such programsand operations and the necessity forand progress of corrective action.

(3) The Information Security Officeris a senior agency official designated

under 503.52 of this chapter to directand administer the Commissions infor-mation security program, which in-cludes an active oversight and securityeducation program to ensure effectiveimplementation of Executive Orders12958 and 12968.

(4) The Designated Agency Ethics Of-ficial and Alternate are appropriateagency employees formally designatedunder 5 CFR 2638.202 and 508.101 of this


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chapter to coordinate and manage theethics program as set forth in 5 CFR2638.203, which includes the functionsof advising on matters of employee re-sponsibilities and conduct, and servingas the Commissions designee(s) to theOffice of Government Ethics on suchmatters. They provide counseling andguidance to employees on conflicts ofinterest and other ethical matters.

(b) Commissioners. The members ofthe Commission, including the Chair-man, implement various shipping stat-utes and related directives by ren-

dering decisions, issuing orders, andadopting and enforcing rules and regu-lations governing persons subject tothe shipping statutes; and performother duties and functions as may beappropriate under reorganizationplans, statutes, executive orders, andregulations.

(c) Secretary. Under the direction andmanagement of the Secretary, the Of-fice of the Secretary:

(1) Is responsible for the preparation,maintenance and disposition of the of-ficial files and records documentingthe business of the Commission. In thisregard, the Office:

(i) Prepares and, as appropriate, pub-

lishes agenda of matters for action bythe Commission, prepares and main-tains the minutes with respect to suchactions; signs, serves and issues, on be-half of the Commission, documents im-plementing such actions, and coordi-nates follow-up thereon.

(ii) Receives and processes formaland informal complaints involving al-leged statutory violations, petitionsfor relief, special dockets applications,applications to correct clerical or ad-ministrative errors in service con-tracts, requests for conciliation serv-ice, staff recommendations for inves-tigation and rulemaking proceedings,and motions and filings relating there-

to.(iii) Disseminates information re-

garding the proceedings, activities,functions, and responsibilities of theCommission to the maritime industry,news media, general public, and othergovernment agencies. In this capacitythe Office also:

(A) Administers the CommissionsFreedom of Information Act, PrivacyAct and Government in the Sunshine

Act responsibilities; the Secretaryserves as the Freedom of InformationAct and Privacy Act Officer.

(B) Authenticates records of theCommission.

(C) Receives and responds to sub-poenas directed to Commission per-sonnel and/or records.

(D) Compiles and publishes the boundvolumes of Commission decisions.

(E) Coordinates publication of docu-ments, including rules and modifica-tions thereto with the Office of theFederal Register; the Secretary servesas the Federal Register Liaison Officerand Certifying Officer.

(F) Oversees the content and organi-zation of the Commissions web siteand authorizes the publication of docu-ments thereon.

(2) Through the Secretary and, in theabsence or preoccupation of the Sec-retary, through the Assistant Sec-retary, administers oaths pursuant to 5U.S.C. 2903(b).

(3) Manages the Commissions libraryand related services.

(d) General Counsel. Under the direc-tion and management of the GeneralCounsel, the Office of the General

Counsel:(1) Reviews for legal sufficiency all

staff memoranda and recommendationsthat are presented for Commission ac-tion and staff actions acted upon pur-suant to delegated authority under501.26(e) and 501.26(g).

(2) Provides written or oral legalopinions to the Commission, to thestaff, and to the general public in ap-propriate cases.

(3) Prepares and/or reviews for legalsufficiency, before service, all finalCommission decisions, orders, and reg-ulations.

(4) Monitors, reviews and, as re-quested by the Committees of the Con-

gress, the Office of Management andBudget, or the Chairman, preparescomments on all legislation introducedin the Congress affecting the Commis-sions programs or activities, and pre-pares draft legislation or amendmentsto legislation; coordinates such mat-ters with the appropriate Bureau, Of-fice or official and advises appropriateCommission officials of legislationwhich may impact the programs and


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activities of the Commission. Also pre-pares testimony for Congressionalhearings and responses to requestsfrom Congressional offices.

(5) Serves as the legal representativeof the Commission in courts and in ad-ministrative proceedings before otherGovernment agencies.

(6) Monitors and reports on inter-national maritime developments, in-cluding laws and practices of foreigngovernments which affect ocean ship-ping; and identifies potential state-controlled carriers within the meaning

of section 3(8) of the Shipping Act of1984, researches their status, andmakes recommendations to the Com-mission concerning their classification.

(7) Represents the Commission inU.S. Government interagency groupsdealing with international maritimeissues; serves as a technical advisor onregulatory matters in bilateral andmultilateral maritime discussions; andcoordinates Commission activitiesthrough liaison with other Governmentagencies and programs and inter-national organizations.

(8) Screens, routes, and maintainscustody of U.S. Government and inter-national organization documents, sub-

ject to the classification and safe-keeping controls administered by theCommissions Information Security Of-ficer.

(9) Reviews for legal sufficiency alladverse personnel actions, procurementactivities, Freedom of Information Actand Privacy Act matters and other ad-ministrative actions.

(10) The General Counsel, or a persondesignated by the General Counsel,serves as the Chair of the PermanentTask Force on International Affairs.

(e) Administrative Law Judges. Underthe direction and management of theChief Administrative Law Judge, theOffice of Administrative Law Judges

holds hearings and renders initial orrecommended decisions in formal rule-making and adjudicatory proceedingsas provided in the Shipping Act of 1984,and other applicable laws and othermatters assigned by the Commission,in accordance with the AdministrativeProcedure Act and the CommissionsRules of Practice and Procedure.

(f) The Office of the Executive Director.(1) The Executive Director:

(i) As senior staff official, is respon-

sible to the Chairman for the manage-

ment and coordination of Commission

programs managed by the operating

Bureaus of Enforcement; Consumer

Complaints and Licensing; and Trade

Analysis, as more fully described in

paragraphs (g) through (i) of this sec-

tion, and thereby implements the regu-

latory policies of the Commission and

the administrative policies and direc-

tives of the Chairman;

(ii) Provides administrative guidance

to all units of the Commission otherthan the operating bureaus listed in

paragraph (f)(1) of this section, except

the Offices of Equal Employment Op-

portunity and the Inspector General,

which are provided administrative as-

sistance;

(iii) Is the agencys Senior Procure-

ment Executive under 41 U.S.C. 414(3)

and Commission Order No. 112;

(iv) Is the Designated Senior Infor-

mation Resources Management Official

under 44 U.S.C. 501520 and 35013520

and Commission Order No. 117;

(v) Is the Audit Follow-up and Man-

agement (Internal) Controls Official for

the Commission under Commission Or-ders 103 and 106; and

(vi) Is the agencys Chief Operating

Officer, as appointed by the Chairman

in response to the Presidents October

1, 1993, memorandum on management

reform.

(vii) The Deputy Executive Director

is the Commissions Chief Financial Of-

ficer.

(2) The Office of the Executive Direc-

tor ensures the periodic review and up-

dating of Commission orders. Under

the direction and management of the

Executive Director, the Office of the

Executive Director is responsible for

the management and coordination of

the Offices of: Information Resources

Management; Management Services;

Budget and Financial Management;

and Human Resources. The Office of

the Executive Director provides admin-

istrative support to the program oper-

ations of the Commission. The Execu-

tive Director interprets governmental

policies and programs and administers


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these in a manner consistent with Fed-eral guidelines, including those involv-ing information resources, procure-ment, financial management and per-sonnel. The Office initiates rec-ommendations, collaborating withother elements of the Commission aswarranted, for long-range plans, new orrevised policies and standards, andrules and regulations, with respect toits program activities. The ExecutiveDirector is responsible for directingand administering the Commissionstraining and development function.

The Deputy Executive Director is theCommissions Competition Advocateunder 41 U.S.C. 418(a) and CommissionOrder No. 112, as well as the Commis-sions representative to the SmallAgency Council. Other programs arecarried out by its Offices, as follows:

(i) The Office of Information Re-sources Management, under the direc-tion and management of the Office Di-rector, administers the Commissionsinformation resources management(IRM) program under the PaperworkReduction Act of 1995, as amended, aswell as other applicable laws whichprescribe responsibility for operatingthe IRM program. The Office provides

administrative support with respect toinformation resources management tothe program operations of the Commis-sion. The Office interprets govern-mental policies and programs for infor-mation management and administersthese in a manner consistent with fed-eral guidelines. The Office initiatesrecommendations, collaborating withother elements of the Commission aswarranted, for long range plans, new orrevised policies and standards, andrules and regulations with respect toits program activities. The Officesfunctions include: conducting IRMmanagement studies and surveys; man-aging data telecommunications; devel-

oping and managing databases and ap-plications; coordinating records man-agement activities; administering IRMcontracts; and developing PaperworkReduction Act clearances for submis-sion to the Office of Management andBudget. The Office is also responsiblefor managing the computer securityand the records and forms programs.The Director of the Office serves asSenior IRM Manager, Forms Control

Officer, Computer Security Officer, andRecords Management Officer.

(ii) The Office of Management Serv-ices, under the direction and manage-ment of the Office Director, directs andadministers a variety of managementsupport service functions of the Com-mission. The Director of the Office isthe Commissions principal Con-tracting Officer under CommissionOrder No. 112. Programs include com-munications; audio and voice tele-communications; procurement of andcontracting for administrative goods

and services, including the utilizationof small and disadvantaged businesses;management of property, space, print-ing and copying; mail and records serv-ices; forms and graphic designs; facili-ties and equipment maintenance; andtransportation.

(iii) The Office of Budget and Finan-cial Management, under the directionand management of the Office Direc-tor, administers the Commissions fi-nancial management program, includ-ing fiscal accounting activities, fee andforfeiture collections, and payments,and ensures that Commission obliga-tions and expenditures of appropriatedfunds are proper; develops annual budg-

et justifications for submission to theCongress and the Office of Managementand Budget; develops and administersinternal controls systems that provideaccountability for agency funds; ad-ministers the Commissions travel andcash management programs, as well asthe Commissions Imprest Funds; en-sures accountability for official pass-ports; and assists in the development ofproper levels of user fees.

(iv) The Office of Human Resources,under the direction and management ofthe Office Director, plans and admin-isters a complete personnel manage-ment program including: recruitmentand placement; position classification

and pay administration; occupationalsafety and health; employee counselingservices; employee relations; workforcediscipline; performance appraisal; in-centive awards; retirement; and per-sonnel security.

(g) The Bureau of Trade Analysis,under the direction and management ofthe Bureau Director, through its Officeof Agreements; Office of Economicsand Competition Analysis; and Office


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of Service Contracts and Tariffs, re-views agreements and monitors theconcerted activities of common car-riers by water, reviews and analyzesservice contracts, monitors rates ofgovernment controlled carriers, re-views carrier published tariff systemsunder the accessibility and accuracystandards of the Shipping Act of 1984,responds to inquiries or issues thatarise concerning service contracts ortariffs, and is responsible for competi-tion oversight and market analysis.

(h) The Bureau of Consumer Com-

plaints and Licensing, under the direc-tion and management of the BureauDirector:

(1) Through the Office of ConsumerComplaints, has responsibility for de-veloping and implementing the Alter-native Disputes Resolution Program,responds to consumer inquiries andcomplaints, and coordinates the Com-missions efforts to resolve disputeswithin the shipping industry. The Dep-uty Bureau Director is designated asthe agency Dispute Resolution Spe-cialist pursuant to section 3 of the Ad-ministrative Dispute Resolution Act of1996, Pub. L. 104320.

(2) Through the Office of Transpor-

tation Intermediaries, has responsi-bility for reviewing applications forOcean Transportation Intermediary(OTI) licenses, and maintainingrecords about licensees.

(3) Through the Office of PassengerVessels and Information Processing,has responsibility for reviewing appli-cations for certificates of financial re-sponsibility with respect to passengervessels, managing all activities withrespect to evidence of financial respon-sibility for OTIs and passenger vesselowner/operators, and for developingand maintaining all Bureau databasesand records of OTI applicants and li-censees.

(i) Bureau of Enforcement; Area Rep-resentatives. Under the direction andmanagement of the Bureau Director,the Bureau of Enforcement:

(1) Participates as trial counsel informal Commission proceedings whendesignated by Commission order, orwhen intervention is granted;

(2) Initiates, processes and negotiatesthe informal compromise of civil pen-alties under 501.28 of this part and

502.604 of this chapter, and representsthe Commission in proceedings and cir-cumstances as designated;

(3) Acts as staff counsel to the Execu-tive Director and other bureaus and of-fices;

(4) Coordinates with other bureausand offices to provide legal advice, at-torney liaison, and prosecution, as war-ranted, in connection with enforcementmatters;

(5) Conducts investigations leading toenforcement action, advises the Fed-eral Maritime Commission of evolving

competitive practices in internationalcommerce, assesses the practical reper-cussions of Commission regulations,educates the industry regarding policyand statutory requirements, and pro-vides liaison, cooperation, and othercoordination between the Commissionand the maritime industry, shippers,and other government agencies; and

(6) Maintains a presence in locationsother than Washington, D.C. throughArea Representatives whose activitiesinclude the following:

(i) Representing the Commissionwithin their respective geographicareas;

(ii) Providing liaison between the

Commission and the shipping industryand interested public; conveying perti-nent information regarding regulatoryactivities and problems; and recom-mending courses of action and solu-tions to problems as they relate to theshipping public, the affected industry,and the Commission;

(iii) Furnishing to interested personsinformation, advice, and access toCommission public documents;

(iv) Receiving and resolving informalcomplaints, in coordination with theDirector, Office of Consumer Com-plaints;

(v) Investigating potential violationsof the shipping statutes and the Com-

missions regulations;(vi) Conducting shipping industry

surveillance programs to ensure com-pliance with the shipping statutes andCommission regulations. Such pro-grams include common carrier audits,service contract audits and compliancechecks of ocean transportation inter-mediaries;

(vii) Upon request of the Bureau ofConsumer Complaints and Licensing,


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46 CFR Ch. IV (10102 Edition) 501.11

auditing passenger vessel operators todetermine the adequacy of performancebonds and the availability of funds topay liability claims for death or injury,and assisting in the background sur-veys of ocean transportation inter-mediary applicants;

(viii) Conducting special surveys andstudies, and recommending policies tostrengthen enforcement of the shippinglaws;

(ix) Maintaining liaison with Federaland State agencies with respect toareas of mutual concern; and

(x) Providing assistance to the var-ious bureaus and offices of the Commis-sion as appropriate and when re-quested.

(j) Boards and Committees. The fol-lowing boards and committees are es-tablished by separate Commission or-ders to address matters relating to theoverall operations of the Commission:

(1) The Executive Resources Board iscomprised of three voting members,chosen from the ranks of those abovethe grade 15 level, with the majoritybeing career members of the Senior Ex-ecutive Service. The members servestaggered terms of three years, begin-ning October 1 of each year; the mem-

ber serving in the last year of his/herterm serves as Chairman. The boardmeets on an ad hoc basis to discuss, de-velop and submit recommendations tothe Chairman on matters related to themerit staffing process for career ap-pointments in the Senior ExecutiveService, including the executive quali-fications of candidates for career ap-pointment. The board also plans andmanages the Commissions executivedevelopment programs. Serving theboard in a non-voting advisory capac-ity are the Director, Office of EqualEmployment Opportunity, the Train-ing Officer, and the Director, Office ofHuman Resources, who also serves as

the boards secretary. CommissionOrder No. 95.(2) The Performance Review Board is

chaired by a Commissioner designatedby the Chairman, and is composed of a

standing register of members which is

published in the FEDERAL REGISTER.

Once a year, the PRB Chairman ap-

points performance review panels fromthe membership to review individual

performance appraisals and other rel-evant information pertaining to SeniorExecutives at the Commission, and torecommend final performance ratings

to the Chairman. Commission OrderNo. 115. Every three years, the PRBconsiders supervisors recommenda-tions as to whether Senior Executivesof the Commission should be recer-tified under the Ethics Reform Act of1989, and makes appropriate rec-ommendations to the CommissionsChairman. Commission Order No. 118.

Subpart BOfficial Seal

501.11 Official seal.

(a) Description. Pursuant to section201(c) of the Merchant Marine Act, 1936,

as amended (46 U.S.C. app. 1111(c)), theCommission prescribes its official seal,as adopted by the Commission on Au-gust 14, 1961, which shall be judiciallynoticed. The design of the official sealis described as follows:

(1) A shield argent paly of six gules,a chief azure charged with a fouled an-chor or; shield and anchor outlined ofthe third; on a wreath argent andgules, an eagle displayed proper; all ona gold disc within a blue border, encir-cled by a gold rope outlined in blue,and bearing in white letters the in-

scription Federal Maritime Commis-sion in upper portion and 1961 inlower portion.

(2) The shield and eagle above it areassociated with the United States ofAmerica and denote the national scopeof maritime affairs. The outer rope andfouled anchor are symbolic of seamenand waterborne transportation. Thedate 1961 has historical significance,indicating the year in which the Com-mission was created.

(b) Design.


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Subpart CDelegation andRedelegation of Authorities

501.21 Delegation of authorities.

(a) Authority and delegation. Section105 of Reorganization Plan No. 7 of 1961,August 12, 1961, authorizes the Commis-sion to delegate, by published order orrule, any of its functions to a division

of the Commission, an individual Com-missioner, an administrative law judge,or an employee or employee board, in-cluding functions with respect to hear-ing, determining, ordering, certifying,reporting or otherwise acting as to anywork, business or matter. In subpart Aof this part, the Commission has dele-gated general functions, and in thissubpart C, it is delegating miscella-neous, specific authorities set forth in 501.23, et seq., to the delegatees des-ignated therein, subject to the limita-tions prescribed in subsequent sub-sections of this section.

(b) Deputies. Where bureau or officedeputies are officially appointed, they

are hereby delegated all necessary au-thority to act in the absence or inca-pacity of the director or chief.

(c) Redelegation. Subject to the limi-tations in this section, the delegateesmay redelegate their authorities tosubordinate personnel under their su-pervision and direction; but only if thissubpart is amended to reflect such re-delegation and notice thereof is pub-lished in the FEDERAL REGISTER. Under

any redelegated authority, theredelegator assumes full responsibilityfor actions taken by subordinateredelegatees.

(d) Exercise of authority; policy andprocedure. The delegatees andredelegatees shall exercise the authori-ties delegated or redelegated in a man-ner consistent with applicable laws andthe established policies of the Commis-

sion, and shall consult with the Gen-eral Counsel where appropriate.

(e) Exercise of delegated authority bydelegator. Under any authority dele-gated or redelegated, the delegator(Commission), or the redelegator, re-spectively, shall retain full rights toexercise the authority in the first in-stance.

(f) Review of delegatees action. Thedelegator (Commission) or redelegatorof authority shall retain a discre-tionary right to review an action takenunder delegated authority by a subor-dinate delegatee, either upon the filingof a written petition of a party to, oran intervenor in, such action; or upon

the delegators or redelegators owninitiative.

(1) Petitions for review of actionstaken under delegated authority shallbe filed within ten (10) calendar days ofthe action taken:

(i) If the action for which review issought is taken by a delegatee, the pe-tition shall be addressed to the Com-mission pursuant to 502.69 of thischapter.


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(ii) If the action for which review issought is taken by a redelegatee, thepetition shall be addressed to theredelegator whose decision can be fur-

ther reviewed by the Commission underparagraph (f)(1)(i) of this section, un-less the Commission decides to reviewthe matter directly, such as, for exam-ple, in the incapacity of theredelegator.

(2) The vote of a majority of theCommission less one member thereofshall be sufficient to bring any dele-gated action before the Commission forreview under this paragraph.

(g) Actionwhen final. Should theright to exercise discretionary reviewbe declined or should no such review besought under paragraph (f) of this sec-tion, then the action taken under dele-gated authority shall, for all purposes,including appeal or review thereof, bedeemed to be the action of the Com-mission.

(h) Conflicts. Where the proceduresset forth in this section conflict withlaw or any regulation of this chapter,the conflict shall be resolved in favorof the law or other regulation.

501.22 [Reserved] 501.23 Delegation to the General

Counsel.

The authority listed in this section isdelegated to the General Counsel: Au-thority to classify carriers as state-controlled carriers within the meaningof section 3(8) of the Shipping Act of1984, except where a carrier submits arebuttal statement pursuant to 565.3(b) of this chapter.

501.24 Delegation to the secretary.

The authorities listed in this sectionare delegated to the Secretary (and, inthe absence or preoccupation of the

Secretary, to the Assistant Secretary).(a) Authority to approve applications

for permission to practice before theCommission and to issue admissioncertificates to approved applicants.

(b) Authority to extend the time tofile exceptions or replies to exceptions,and the time for Commission review,relative to initial decisions of adminis-trative law judges and decisions of Spe-cial Dockets Officers.

(c) Authority to extend the time tofile appeals or replies to appeals, andthe time for Commission review, rel-ative to dismissals of proceedings, in

whole or in part, issued by administra-tive law judges.

(d) Authority to establish and extendor reduce the time:

(1) To file documents either in dock-eted proceedings or relative to peti-tions filed under part 502 of this chap-ter, which are pending before the Com-mission itself; and

(2) To issue initial and final decisionsunder 502.61 of this chapter.

(e) Authority to prescribe a timelimit for the submission of writtencomments with reference to agree-ments filed pursuant to section 5 of theShipping Act of 1984.

(f) Authority, in appropriate cases, topublish in the FEDERAL REGISTER no-tices of intent to prepare an environ-mental assessment and notices of find-ing of no significant impact.

(g) Authority to prescribe a timelimit less than ten days from date pub-lished in the FEDERAL REGISTER for fil-ing comments on notices of intent toprepare an environmental assessment

and notice of finding of no significantimpact and authority to prepare envi-ronmental assessments of no signifi-cant impact.

(h) Authority, in the absence or pre-occupation of the Executive Directorand Deputy Executive Director, to signtravel orders, nondocketed rec-ommendations to the Commission, andother routine documents for the Execu-tive Director, consistent with the pro-grams, policies, and precedents estab-lished by the Commission or the Execu-tive Director.

501.25 Delegation to and redelega-tion by the Executive Director.

Except where specifically redelegatedin this section, the authorities listed inthis section are delegated to the Execu-tive Director.

(a) Authority to adjudicate, with theconcurrence of the General Counsel,and authorize payment of, employeeclaims for not more than $1,000.00, aris-ing under the Military and CivilianPersonnel Property Act of 1964, 31U.S.C. 3721.


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(b) Authority to determine that anexigency of the public business is ofsuch importance that annual leavemay not be used by employees to avoid

forfeiture before annual leave may berestored under 5 U.S.C. 6304.

(c)(1) Authority to approve, certify,or otherwise authorize those actionsdealing with appropriations of fundsmade available to the Commission in-cluding allotments, fiscal matters, andcontracts relating to the operation ofthe Commission within the laws, rules,and regulations set forth by the Fed-eral Government.

(2) The authority under this para-graph is redelegated to the Director,Office of Budget and Financial Manage-ment.

(d)(1) Authority to classify all posi-tions GS1 through GS15 and wagegrade positions.

(2) The authority under this para-graph is redelegated to the Director,Office of Human Resources.

501.26 Delegation to the Director, Bu-reau of Trade Analysis.

The authorities listed in this sectionare delegated to the Director, Bureau

of Trade Analysis.(a) Authority to determine that no

action should be taken to prevent anagreement or modification to an agree-ment from becoming effective undersection 6(c)(1), and to shorten the re-view period under section 6(e), of theShipping Act of 1984, when the agree-ment or modification involves solely arestatement, clarification or change inan agreement which adds no new sub-stantive authority beyond that alreadycontained in an effective agreement.This category of agreement or modi-fication includes, for example, the fol-lowing: A restatement filed to conforman agreement to the format and orga-

nization requirements of part 535 ofthis chapter; a clarification to reflect achange in the name of a country orport or a change in the name of a partyto the agreement; a correction of typo-graphical or grammatical errors in thetext of an agreement; a change in thetitle of persons or committees des-ignated in an agreement; or a transferof functions from one person or com-mittee to another.

(b) Authority to grant or deny appli-cations filed under 535.406 of thischapter for waiver of the form, organi-zation and content requirements of535.401, 535.402, 535.403, 535.404 and535.405 of this chapter.

(c) Authority to grant or deny appli-cations filed under 535.505 of thischapter for waiver of the informationform requirements of 535.503 and535.504 of this chapter.

(d) Authority to grant or deny appli-cations filed under 535.709 of thischapter for waiver of the reporting and

record retention requirements of535.701, 535.702, 535.703, 535.704, 535.705,535.706, 535.707 and 535.708 of this chap-ter.

(e) Authority to determine that noaction should be taken to prevent anagreement or modification of an agree-ment from becoming effective undersection 6(c)(1) of the Shipping Act of1984 for all unopposed agreements andmodifications to agreements which willnot result in a significant reduction incompetition. Agreements which aredeemed to have the potential to resultin a significant reduction in competi-tion and which, therefore, are not cov-ered by this delegation include but are

not limited to:(1) New agreements authorizing the

parties to collectively discuss or fixrates (including terminal rates).

(2) New agreements authorizing theparties to pool cargoes or revenues.

(3) New agreements authorizing theparties to establish a joint service orconsortium.

(4) New equal access agreements.(f) Authority to grant or deny short-

ened review pursuant to 535.605 of thischapter for agreements for which au-thority is delegated in paragraph (e) ofthis section.

(g) Subject to review by the GeneralCounsel, authority to deny, but not ap-

prove, requests filed pursuant to 535.605 of this chapter for a shortenedreview period for agreements for whichauthority is not delegated under para-graph (e) of this section.

(h) Authority to issue notices of ter-mination of agreements which are oth-erwise effective under the Shipping Actof 1984, after publication of notice ofintent to terminate in the FEDERALREGISTER, when such terminations are:


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(1) Requested by the parties to theagreement;

(2) Deemed to have occurred when itis determined that the parties are nolonger engaged in activity under theagreement and official inquiries andcorrespondence cannot be delivered tothe parties; or

(3) Deemed to have occurred by noti-fication of the withdrawal of the nextto last party to an agreement withoutnotification of the addition of anotherparty prior to the effective date of thenext to last partys withdrawal.

(i) Authority to determine whetheragreements for the use or operation ofterminal property or facilities, or thefurnishing of terminal services, arewithin the purview of section 5 of theShipping Act of 1984.

(j) Authority to request controlledcarriers to file justifications for exist-ing or proposed rates, charges classi-fications, rules or regulations, and re-view responses to such requests for thepurpose of recommending to the Com-mission that a rate, charge, classifica-tion, rule or regulation be found unlaw-ful and, therefore, requires Commissionaction under section 9(d) of the Ship-ping Act of 1984.

(k) Authority to recommend to theCommission the initiation of formalproceedings or other actions with re-spect to suspected violations of theshipping statutes and rules and regula-tions of the Commission.

(l)(1) Authority to approve for goodcause or disapprove special permissionapplications submitted by commoncarriers, or conferences of such car-riers, subject to the provisions of sec-tion 8 of the Shipping Act of 1984, forrelief from statutory and/or Commis-sion tariff requirements.

(2) The authority under this para-graph is redelegated to the Director,Office of Service Contracts and Tariffs.

(m)(1) Authority to approve or dis-approve special permission applica-tions submitted by a controlled carriersubject to the provisions of section 9 ofthe Shipping Act of 1984 for relief fromstatutory and/or Commission tariff re-quirements.

(2) The authority under this para-graph is redelegated to the Director,Office of Service Contracts and Tariffs,in the Bureau of Trade Analysis.

(n) Authority contained in Part 530 ofthis chapter to approve, but not deny,requests for permission to correct cler-ical or administrative errors in the es-sential terms of filed service contracts.

501.27 Delegation to the Director, Bu-reau of Consumer Complaints andLicensing.

(a)(1) Authority to:(i) Approve or disapprove applica-

tions for ocean transportation inter-mediary licenses; issue or reissue ortransfer such licenses; and approve ex-

tensions of time in which to furnishthe name(s) and ocean transportationintermediary experience of the man-aging partner(s) or officer(s) who willreplace the qualifying partner or offi-cer upon whose qualifications the origi-nal licensing was approved;

(ii) Issue a letter stating that theCommission intends to deny an oceantransportation intermediary applica-tion, unless within 20 days, applicantrequests a hearing to show that denialof the application is unwarranted; denyapplications where an applicant has re-ceived such a letter and has not re-quested a hearing within the notice pe-riod; and rescind, or grant extensions

of, the time specified in such letters;(iii) Revoke the license of an ocean

transportation intermediary upon therequest of the licensee;

(iv) Upon receipt of notice of can-cellation of any instrument evidencingfinancial responsibility, notify the li-censee in writing that its license willautomatically be suspended or re-voked, effective on the cancellationdate of such instrument, unless new orreinstated evidence of financial respon-sibility is submitted and approvedprior to such date, and subsequentlyorder such suspension or revocation forfailure to maintain proof of financialresponsibility;

(v) Revoke the ocean transportationintermediary license of a non-vessel-operating common carrier not in theUnited States for failure to designateand maintain a person in the UnitedStates as legal agent for the receipt ofjudicial and administrative process;

(vi) Approve changes in an existinglicensees organization; and

(vii) Return any application which onits face fails to meet the requirements


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of the Commissions regulations, ac-companied by an explanation of thereasons for rejection.

(2) The authorities contained in para-graphs (a)(1)(iii) and (a)(1)(iv) of thissection are redelegated to the Director,Office of Transportation Inter-mediaries, in the Bureau of ConsumerComplaints and Licensing.

(b) Authority to:(1) Approve applications for Certifi-

cates (Performance) and Certificates(Casualty) for passenger vessels, evi-denced by a surety bond, guaranty or

insurance policy, or combinationthereof; and issue, reissue, or amendsuch Certificates;

(2) Issue a written notice to an appli-cant stating intent to deny an applica-tion for a Certificate (Performance)and/or (Casualty), indicating the rea-son therefor, and advising applicant ofthe time for requesting a hearing asprovided for under 540.26(c) of thischapter; deny any application wherethe applicant has not submitted atimely request for a hearing; and re-scind such notices and grant extensionsof the time within which a request forhearing may be filed;

(3) Issue a written notice to a

certificant stating that the Commis-sion intends to revoke, suspend, ormodify a Certificate (Performance)and/or (Casualty), indicating the rea-son therefor, and advising of the timefor requesting a hearing as provided forunder 540.26(c) of this chapter; revoke,suspend or modify a Certificate (Per-formance) and/or (Casualty) where thecertificant has not submitted a timelyrequest for hearing; and rescind suchnotices and grant extensions of timewithin which a request for hearing maybe filed;

(4) Revoke a Certificate (Perform-ance) and/or (Casualty) which has ex-pired, and/or upon request of, or acqui-

escence by, the certificant; and(5) Notify a certificant when a Cer-

tificate (Performance) and/or (Cas-ualty) has become null and void in ac-cordance with 540.8(a) and 540.26(a) ofthis chapter.

(c) Authority to approve amendmentsto escrow agreements filed under 540.5(b) when such amendments arefor the purpose of changing names ofprincipals, changing the vessels cov-

ered by the escrow agreement, chang-ing the escrow agent, and changing theamount of funds held in escrow, pro-vided that the changes in amount offunds results in an amount of coveragethat complies with the requirements inthe introductory text of 540.5.

501.28 Delegation to the Director, Bu-reau of Enforcement.

The authorities listed in this sectionare delegated to the Director, Bureauof Enforcement. Notwithstanding theprovisions of 501.21, the Director may

delegate or redelegate, in writing, spe-cific authority to individuals withinthe Bureau of Enforcement other thanthe Deputy Director.

(a) Authority to compromise civilpenalty claims has been delegated tothe Director, Bureau of Enforcement,by 502.604(g) of this chapter. This dele-gation shall include the authority tocompromise issues relating to the re-tention, suspension or revocation ofocean transportation intermediary li-censes.

(b) Authority to approve administra-tive leave for Area Representatives.

Subpart DPublic Requests for

Information

501.41 Public requests for informa-tion and decisions.

(a) General. Pursuant to 5 U.S.C.552(a)(1)(A), there is hereby stated andpublished for the guidance of the publicthe established places at which, the of-ficers from whom, and the methodswhereby, the public may secure infor-mation, make submittals or requests,or obtain decisions, principally by con-tacting by telephone, in writing, or inperson, either the Secretary of theCommission at the Federal MaritimeCommission, 800 North Capitol Street,NW., Washington, DC 20573, or the Area

Representatives listed in paragraph (d)of this section. See also Part 503 of thischapter.

(b) The Secretary will provide infor-mation and decisions, and will acceptand respond to requests, relating to theprogram activities of the Office of theSecretary and of the Commission, gen-erally. Unless otherwise provided inthis chapter, any document, report, orother submission required to be filed


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46 CFR Ch. IV (10102 Edition)Pt. 501, App. A

with the Commission by statute or theCommissions rules and regulations re-lating to the functions of the Commis-sion or of the Office of the Secretaryshall be filed with or submitted to theSecretary.

(c) The Directors of the following bu-reaus and offices will provide informa-tion and decisions, and will accept andrespond to requests, relating to thespecific functions or program activitiesof their respective bureaus and officesas set forth in this chapter; but only ifthe dissemination of such information

or decisions is not prohibited by stat-ute or the Commissions Rules of Prac-tice and Procedure:

(1) Office of the General Counsel(2) Office of the Administrative Law

Judges(3) Office of the Executive Director(4) Office of the Inspector General(5) Office of Equal Employment Op-

portunity(6) Bureau of Enforcement(7) Bureau of Trade Analysis(8) Bureau of Consumer Complaints

and Licensing(9) Office of Management Services(10) Office of Human Resources(11) Office of Budget and Financial

Management(12) Office of Information Resources

Management(13) Office of Consumer Complaints(d) The Area Representatives will pro-

vide information and decisions to thepublic within their geographic areas, orwill expedite the obtaining of informa-tion and decisions from headquarters.

The addresses of these Area Represent-atives are as follows. Further informa-tion on Area Representatives, includ-ing Internet e-mail addresses, can beobtained on the Commissions homepage at http://www.fmc.gov.

Los Angeles

Los Angeles Area Representative, U.S. Cus-

toms House Building, P.O. Box 3164, 300 S.

Ferry Street, Room 1018, Terminal Island

Station, San Pedro, CA 90731

Miami

Miami Area Representative, Customs Man-agement Center, 909 SE, 1st Ave., Room

705, Miami, FL 33131

New Orleans

New Orleans Area Representative, U.S. Cus-

toms House, 423 Canal Street, Room 309B,

New Orleans, LA 70130

New York

New York Area Representative, P.O. Box

3461, Church Street Station, New York, NY10008

Seattle

Seattle Area Representative, c/o U.S. Cus-

toms Service, 7 South Nevada Street, Suite

100, Seattle, WA 98134

(e) Submissions to bureaus and offices.Any document, report or other submis-sion required to be filed with the Com-mission by statute or the Commissionsrules and regulations relating to thespecific functions of the bureaus andoffices shall be filed with or submittedto the Director of such Bureau or Of-fice.


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Federal Maritime Commission Pt. 502

APPENDIX A TO PART 501FEDERAL MARITIME COMMISSION ORGANIZATIONCHART

PART 502RULES OF PRACTICEAND PROCEDURE

Subpart AGeneral Information

Sec.

502.1 Scope of rules in this part.

502.2 Filing of documents; hours; mailing

address.

502.3 Compliance with rules or orders of

Commission.

502.4 Authentication of rules or orders of

Commission.

502.5502.6 [Reserved]

502.7 Documents in foreign languages.


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502.8 Denial of applications and notice

thereof.502.9 Suspension, amendment, etc., of rules

in this part.

502.10 Waiver of rules in this part.502.11 Ex parte communications.502.12 Applicability of Federal Rules of

Civil Procedure.

Subpart BAppearance and PracticeBefore the Commission

502.21 Appearance.502.22 Authority for representation.502.23 Notice of appearance; substitution

and withdrawal of representative.

502.24 Practice before the Commission de-fined.

502.25 Presiding officer defined.

502.26 Attorneys at law.

502.27 Persons not attorneys at law.

502.29 Hearings.

502.30 Suspension or disbarment.

502.31 Statement of interest.

502.32 Former employees.

EXHIBIT NO. 1 TO SUBPART B [ 502.23, 502.26,

502.27]NOTICE OF APPEARANCE

Subpart CParties

502.41 Parties; how designated.

502.42 Bureau of Enforcement.

502.43 Substitution of parties.

502.44 Necessary and proper parties in cer-

tain complaint proceedings.

Subpart DRulemaking

502.51 Initiation of procedure to issue,

amend, or repeal a rule.

502.52 Notice of proposed rulemaking.

502.53 Participation in rulemaking.

502.54 Contents of rules.

502.55 Effective date of rules.

502.56 Negotiated rulemaking.

Subpart EProceedings; Pleadings;Motions; Replies

502.61 Proceedings.

502.62 Complaints and fee.

502.63 Statute of limitations for repara-

tions.

502.64 Answer to complaint; counter-com-

plaint.

502.65 Replies to answers not permitted.

502.66 Order to show cause.

502.67 Exemption proceduresGeneral.

502.68 Declaratory orders and fee.

502.69 PetitionsGeneral and fee.

502.70 Amendments or supplements to

pleadings.

502.71 Motions for more definite statement.

502.72 Petition for leave to intervene.

502.73 Motions.

502.74 Replies to pleadings, motions, appli-cations, etc.

502.75 Proceedings involving assessment

agreements.502.76 Brief of an amicus curiae.EXHIBIT NO. 1 TO SUBPART E [ 502.62]COM-

PLAINT FORM AND INFORMATION CHECKLISTEXHIBIT NO. 2 TO SUBPART E [502.64]AN-

SWER TO COMPLAINTEXHIBIT NO. 3 TO SUBPART E [ 502.72]PETI-

TION FOR LEAVE TO INTERVENE

Subpart FSettlement; PrehearingProcedure

502.91 Opportunity for informal settlement.502.92 [Reserved]502.94 Prehearing conference.

502.95 Prehearing statements.EXHIBIT NO. 1 TO SUBPART F [ 502.92] [RE-

SERVED]

Subpart GTime

502.101 Computation.502.102 Enlargement of time to file docu-

ments.502.103 Reduction of time to file documents.502.104 Postponement of hearing.502.105 Waiver of rules governing enlarge-

ments of time and postponements of

hearings.

Subpart HForm, Execution, and Serviceof Documents

502.111 Form and appearance of documents

filed with Commission.

502.112 Verification of documents.502.113 Service by the Commission.502.114 Service by parties of pleadings and

other documents.502.115 Service on attorney or other rep-

resentative.502.116 Date of service.502.117 Certificate of service.502.118 Copies of documents for use of the

Commission.502.119 Documents containing confidential

materials.

Subpart ISubpenas

502.131 Requests; issuance.502.132 Motions to quash or modify.502.133 Attendance and mileage fees.

502.134 Service of subpenas.

502.135 Subpena of Commission staff per-sonnel, documents or things.

502.136 Enforcement.

Subpart JHearings; Presiding Officers;Evidence

502.141 Hearings not required by statute.502.142 Hearings required by statute.502.143 Notice of nature of hearing, jurisdic-

tion and issues.

502.144 Notice of time and place of hearing;postponement of hearing.


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502.145 Presiding officer.

502.146 Commencement of functions of Of-fice of Administrative Law Judges.

502.147 Functions and powers.502.148 Consolidation of proceedings.502.149 Disqualification of presiding or par-

ticipating officer.502.150 Further evidence required by pre-

siding officer during hearing.

502.151 Exceptions to rulings of presiding of-ficer unnecessary.

502.152 Offer of proof.502.153 Appeal from ruling of presiding offi-

cer other than orders of dismissal in

whole or in part.502.154 Rights of parties as to presentation

of evidence.502.155 Burden of proof.502.156 Evidence admissible.

502.157 Written evidence.502.158 Documents containing matter not

material.502.159 [Reserved]502.160 Records in other proceedings.502.161 Commissions files.

502.162 Stipulations.502.163 Receipt of documents after hearing.502.164 Oral argument at hearings.502.165 Official transcript.

502.166 Corrections of transcript.

502.167 Objection to public disclosure of in-

formation.

502.168 Copies of data or evidence.

502.169 Record of decision.

Subpart KShortened Procedure

502.181 Selection of cases for shortened pro-

cedure; consent required.

502.182 Complaint and memorandum of facts

and arguments and filing fee.

502.183 Respondents answering memo-

randum.

502.184 Complainants memorandum in

reply.

502.185 Service of memoranda upon and by

interveners.

502.186 Contents of memoranda.

502.187 Procedure after filing of memoranda.

Subpart LDepositions, WrittenInterrogatories, and Discovery

502.201 General provisions governing dis-

covery.

502.202 Persons before whom depositions

may be taken.

502.203 Depositions upon oral examination.

502.204 Depositions upon written interrog-

atories.

502.205 Interrogatories to parties.

502.206 Production of documents and things

and entry upon land for inspection and

other purposes.

502.207 Requests for admission.

502.208 Use of discovery procedures directedto Commission staff personnel.

502.209 Use of depositions at hearings.

502.210 Refusal to comply with orders to an-

swer or produce documents; sanctions;

enforcement.

Subpart MBriefs; Requests for Findings;Decisions; Exceptions

502.221 Briefs; requests for findings.

502.222 Requests for enlargement of time for

filing briefs.

502.223 DecisionsAdministrative law

judges.

502.224 Separation of functions.

502.225 DecisionsCommission.

502.226 Decision based on official notice;public documents.

502.227 Exceptions to decisions or orders of

dismissal of administrative law judges;

replies thereto; and review of decisions

or orders of dismissal by Commission.

502.228 Request for enlargement of time forfiling exceptions and replies thereto.

502.229 Certification of record by presiding

or other officer.

502.230 Reopening by presiding officer or

Commission.

Subpart NOral Argument; Submission forFinal Decision

502.241 Oral argument.

502.242 Submission to Commission for final

decision.

502.243 Participation of absent Commis-sioner.

Subpart OReparation

502.251 Proof on award of reparation.

502.252 Reparation statements.

502.253 Interest in reparation proceedings.

502.254 Attorneys fees in reparation pro-

ceedings.

EXHIBIT NO. 1 TO SUBPART O [ 502.252]REP-ARATION STATEMENT TO BE FILED PURSU-ANT TO RULE 252

Subpart PReconsideration ofProceedings

502.261 Petitions for reconsideration and

stay.

502.262 Reply to petition for reconsiderationor stay.

Subpart QRefund or Waiver of FreightCharges

502.271 Special docket application for per-mission to refund or waive freight

charges.

EXHIBIT NO. 1 TO SUBPART Q [502.271(d)AP-PLICATION FOR RE FU ND O R WA IV ER O F

FREIGHT CHARGES DUE TO TA RI FF O N

QUOTING ERROR


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Subpart RNonadjudicatory Investigations

502.281 Investigational policy.502.282 Initiation of investigations.502.283 Order of investigation.502.284 By whom conducted.502.285 Investigational hearings.502.286 Compulsory process.502.287 Depositions.502.288 Reports.502.289 Noncompliance with investigational

process.502.290 Rights of witness.502.291 Nonpublic proceedings.

Subpart SInformal Procedure for

Adjudication of Small Claims

502.301 Statement of policy.502.302 Limitations of actions.502.303 [Reserved]502.304 Procedure and filing fee.502.305 Applicability of other rules of this

part.EXHIBIT NO. 1 TO SUBPART S [502.304(a)]

SMALL CLAIM FORM FOR INFORMAL ADJU-

DICATION AND INFORMATION CHECKLISTEXHIBIT NO. 2 TO SUBPART S [502.304(e)]RE-

SPONDENTS CONSENT FORM FOR INFORMAL

ADJUDICATION

Subpart TFormal Procedure forAdjudication of Small Claims

502.311 Applicability.502.312 Answer to complaint.

502.313 Reply of complainant.502.314 Additional information.502.315 Request for oral hearing.502.316 Intervention.502.317 Oral argument.502.318 Decision.502.319 Date of service and computation of

time.502.320 Service.502.321 Applicability of other rules of this

part.

Subpart UAlternative Dispute Resolution

502.401 Policy.502.402 Definitions.502.403 General authority.502.404 Neutrals.502.405 Confidentiality.

502.406 Arbitration.502.407 Authority of the arbitrator.

502.408 Conduct of arbitration proceedings.502.409 Arbitration awards.502.410 Representation of parties.502.411 Mediation and other alternative

means of dispute resolution.

Subpart VImplementation of the EqualAccess to Justice Act in CommissionProceedings

502.501 General provisions.

502.502 Information required from appli-

cants.

502.503 Procedures for considering petitions.

Subpart WCompromise, Assessment,Mitigation, Settlement, and Collectionof Civil Penalties

502.601 Purpose and scope.

502.602 Definitions.

502.603 Assessment of civil penalties: Proce-

dure; criteria for determining amount;

limitations; relation to compromise.

502.604 Compromise of penalties: Relation

to assessment proceedings.

502.605 Payment of penalty: Method; de-fault.

APPENDIX A TO SUBPART WEXAMPLE OF

COMPROMISE AGREEMENT TO BE USED

UNDER 46 CFR 502.604

Subpart XPaperwork Reduction Act

502.991 OMB control numbers assigned pur-

suant to the Paperwork Reduction Act.

AUTHORITY: 5 U.S.C. 504, 551, 552, 553, 556(c),

559, 561569, 571596; 5 U.S.C. 571584; 12 U.S.C.

1141j(a); 18 U.S.C. 207; 26 U.S.C. 501(c)(3); 28

U.S.C. 2112(a); 31 U.S.C. 9701; 46 U.S.C. app.

817d, 817e, 1114(b), 1705, 17071711, 17131716;

E.O. 11222 of May 8, 1965, 30 FR 6469, 3 CFR,

19641965 Comp. P. 306; 21 U.S.C. 853a; Pub. L.

105258, 112 Stat. 1902.

SOURCE: 49 FR 44369, Nov. 6, 1984, unlessotherwise noted.

Subpart AGeneral Information

502.1 Scope of rules in this part.

The rules in this part govern proce-dure before the Federal Maritime Com-mission, hereinafter referred to as theCommission, under the MerchantMarine Act, 1920, Merchant MarineAct, 1936, Shipping Act of 1984, asamended by the Ocean Shipping Re-form Act of 1998, Administrative Proce-dure Act, and related acts, except thatsubpart R of this part does not apply toproceedings subject to sections 7 and 8

of the Administrative Procedure Act,which are to be governed only by sub-parts A to Q inclusive, of this part.They shall be construed to secure thejust, speedy, and inexpensive deter-mination of every proceeding. To thisend, all persons involved in proceedingsconducted under the rules of this partshall be required to consider at anearly stage of the proceeding whetherresort to alternative dispute resolution


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techniques would be appropriate oruseful. [Rule 1.]

[49 FR 44369, Nov. 6, 1984, as amended at 58FR 38649, July 19, 1993; 64 FR 7807, Feb. 17,1999]

502.2 Filing of documents; hours;mailing address.

(a) For purposes of filing of docu-ments with the Commission, the hoursof the Commission are from 8:30 a.m. to5:00 p.m., Monday to Friday, inclusive.

(b) Except for exhibits filed pursuantto 502.118(b)(4) and petitions for re-

view of final agency orders served onthe Commission pursuant to 28 U.S.C.2112(a), all documents required to befiled in, and correspondence relating toproceedings governed by this partshould be addressed to Secretary, Fed-eral Maritime Commission, Washington,

DC 205730001. Petitions for review offinal agency orders served on the Com-mission pursuant to 28 U.S.C. 2112(a)shall be addressed to General Counsel,Office of the General Counsel, Federal

Maritime Commission, Washington, DC

205730001.

(c) Documents relating to any matterpending before the Commissioners fordecision or to any matter pending be-

fore the Commission which is likely tocome before the Commissioners for de-cision, whether or not relating to pro-ceedings governed by this part, shallsimilarly be filed with the Secretary,Federal Maritime Commission. Suchdocuments should not be filed with orseparately submitted to the offices ofindividual Commissioners. Distributionto Commissioners and other agencypersonnel is handled by the Office ofthe Secretary, to ensure that personsin decision-making and advisory posi-tions receive in a uniform and imper-sonal manner identical copies of sub-missions, and to avoid the possibilityof ex parte communications within the

meaning of 502.11. These consider-ations apply to informal and oral com-munications as well, such as requestsfor expedited consideration.

(d) No filings relating to mattersscheduled for a Commission meetingwill be accepted by the Secretary ifsubmitted subsequent to public an-nouncement of the particular meeting,except that the Commission, on its owninitiative, or pursuant to a written re-

quest, may in its discretion, permit adeparture from this limitation for ex-ceptional circumstances. (See 503.82(e)of this chapter.)

(e) Any pleading, document, writingor other paper submitted for filingwhich is rejected because it does notconform to the rules in this part shallbe returned to the sender. [Rule 2.]

[52 FR 27002, July 17, 1987, as amended at 53

FR 13270, Apr. 22, 1988; 64 FR 7807, Feb. 17,

1999]

502.3 Compliance with rules or or-

ders of Commission.Persons named in a rule or order

shall notify the Commission duringbusiness hours on or before the day onwhich such rule or order becomes effec-tive whether they have complied there-with, and if so, the manner in whichcompliance has been made. If a changein rates is required, the notificationshall specify the tariffs which effectthe changes. [Rule 3.]

502.4 Authentication of rules or or-ders of Commission.

All rules or orders issued by the Com-mission in any proceeding covered bythis part shall, unless otherwise spe-cifically provided, be signed and au-thenticated by seal by the Secretary ofthe Commission in the name of theCommission. [Rule 4.]

502.5502.6 [Reserved]

502.7 Documents in foreign lan-guages.

Every document, exhibit, or otherpaper written in a language other thanEnglish and filed with the Commissionor offered in evidence in any pro-ceeding before the Commission underthis part or in response to any rule ororder of the Commission pursuant tothis part, shall be filed or offered in the

language in which it is written andshall be accompanied by an Englishtranslation thereof duly verified underoath to be an accurate translation.[Rule 7.]

502.8 Denial of applications and no-tice thereof.

Except in affirming a prior denial orwhere the denial is self-explanatory,prompt written notice will be given of


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