[Federal Register Volume 79, Number 142 (Thursday, July 24, 2014)]
[Rules and Regulations]
[Pages 42986-42987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17390]



46 CFR Part 515

[Docket No. 14-08]
RIN 3072-AC56

Procedure for Public Notification of Ocean Transportation 
Intermediary Licensing Activity

AGENCY: Federal Maritime Commission.

ACTION: Direct final rule; and request for comments.


SUMMARY: The Federal Maritime Commission (FMC or Commission) amends its 
regulations concerning licensing, financial responsibility 
requirements, and general duties for Ocean Transportation 
Intermediaries (OTIs) to update its business processes for providing 
public notification of OTI license applications, revocations and 

DATES: This rule is effective on September 22, 2014 without further 
action, unless significant adverse comment is received by August 22, 
2014. If significant adverse comment is received, the Federal Maritime 
Commission will publish a timely withdrawal of the rule in the Federal 

ADDRESSES: Submit comments to: Karen V. Gregory, Secretary, Federal 
Maritime Commission, 800 North Capitol Street NW., Washington, DC 
20573-0001 or email non-confidential comments to: [email protected] 
(email comments as attachments preferably in Microsoft Word or PDF).

FOR FURTHER INFORMATION CONTACT: Karen V. Gregory, Secretary, Federal 
Maritime Commission, 800 N. Capitol Street NW., Washington, DC 20573-
0001, (202) 523-5725, Fax (202) 523-0014, Email: [email protected].

SUPPLEMENTARY INFORMATION: Section 19(c) of the Shipping Act, 46 U.S.C. 
40903, requires that notice be provided prior to suspension or 
revocation of an OTI license. The Administrative Procedure Act (APA), 5 
U.S.C. 558, provides that an agency must, when acting to withdraw, or 
annul a license required by law, provide notice in writing of (1) the 
facts or conduct warranting the action, and (2) opportunity for the 
licensee to demonstrate compliance with the law. However, neither the 
APA, nor the Freedom of Information Act, 5 U.S.C. 552(a)(1)(A), 
specifies that notice must be published in the Federal Register. 
Nonetheless, current Commission rules require Federal Register notice 
for both OTI license applications, 46 CFR 515.12, and revocation or 
suspension of OTI licenses, 46 CFR 515.16.
    In order to simplify the Commission's business processes, reduce 
administrative costs, and provide more timely public notification, the 
Commission amends its regulations to change the method by which it 
provides notice of OTI licensing matters by publishing this information 
on the FMC's public Web site instead of publication in the Federal 
Register. Based on applicable laws, there is no requirement that 
Federal Register publication must occur to meet the notice requirement 
for OTI licensing matters.
    This rule relates to internal agency management. Therefore, 
pursuant to 5 U.S.C. 553, notice and comment are not required and this 
rule may become effective after publication in the Federal Register. In 
a direct final rulemaking, an agency publishes a direct final rule in 
the Federal Register along with a statement that the rule will become 
effective unless the agency receives significant adverse comment within 
a specified period. The Commission is using a direct final rule for 
this rulemaking because it expects this regulation to be 
noncontroversial and because it simplifies the Commission's internal 
procedures. The Commission recognizes that parties may have information 
that could impact the Commission's views and intentions with respect to 
the proposed internal procedures, and the Commission intends to 
consider any comments filed. The Commission will withdraw the rule if 
it receives significant adverse comment. If no significant adverse 
comment is received, the rule will become effective without additional 
    This direct final rule is not a ``major rule'' under 5 U.S.C. 
804(2). Because no notice of proposed rulemaking is required, the 
provisions of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., do 
not apply.
    Finally, the Commission has determined that this regulation imposes 
no new recordkeeping, reporting, or disclosure requirements on members 
of the public, which would constitute collections of information 
requiring approval by the Office of Management and Budget under the 
Paperwork Reduction Act, 44 U.S.C 3501, et seq.

[[Page 42987]]

List of Subjects in 46 CFR Part 515

    Freight, Freight forwarders, Maritime carriers, Reporting and 
recordkeeping requirements.

    For the reasons stated in the supplementary information, the 
Federal Maritime Commission amends 46 CFR part 515 as follows.


1. The authority citation for part 515 continues to read as follows:

    Authority: 5 U.S.C. 55; 31 U.S.C. 9701; 46 U.S.C. 305, 40102, 
40104, 40501-40503, 41101-41109, 41301-41302, 41305-41307; Pub. L. 
105-383,112 Stat. 3411; 21 U.S.C. 862.

Sec.  515.12  [Amended]

2. In Sec.  515.12(a)(1) remove the words ``in the Federal Register'' 
and add, in their place, the words ``on the Commission's Web site 

Sec.  515.16  [Amended]

3. In Sec.  515.16(b) remove the words ``in the Federal Register'' and 
add, in their place, the words ``on the Commission's Web site 

    By the Commission.
Karen V. Gregory,
[FR Doc. 2014-17390 Filed 7-23-14; 8:45 am]