Federal Register - September 10, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations ix Bureau of Enforcement. The Bureau of Enforcement conducts investigations and recommends enforcement action, and provides legal support related to enforcement to other Commission offices. The Bureau of Enforcement also: Participates as trial counsel in formal Commission proceedings when designated by Commission order, or when intervention is granted; negotiates informal compromises of civil penalties subject to the prior approval of the Commission; prepares and presents compromise agreements for Commission approval; and represents the Commission in proceedings and circumstances as designated.
x Area Representatives. Area Representatives represent the Commission within their respective geographic area; act as a liaison between the Commission and interested parties such as members of the shipping industry, state and local governments, and members of the public; furnish to interested persons information, advice, and access to Commission public documents; receive and resolve informal complaints, in coordination with the Director, Office of Consumer Affairs and Dispute Resolution Services; investigate potential violations of the shipping statutes and the Commissions regulations; and provide assistance to the various bureaus and offices of the Commission, as appropriate and when requested.
Subpart BDelegation and Redelegation of Authorities
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501.11
Delegation of authorities.
a Authority and delegation. The provision at 46 U.S.C. 46106 authorizes the Commission to delegate, by published order or rule, any of its functions to a division of the Commission, an individual Commissioner, an administrative law judge, or an employee or employee board, including functions with respect to hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter. The Commission delegates specific authorities to the delegatees designated in 501.12 through 501.17, subject to the limitations prescribed in this section.
b Temporary redelegation. When the head of a bureau or office is absent or incapacitated, they may temporarily redelegate their authorities to subordinate personnel under their supervision and direction or to another bureau or office head for the period of their absence or incapacitation.
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c Redelegation. Other than temporary redelegations under paragraph b of this section, and subject to the limitations in this section, the delegatees may redelegate their authorities to subordinate personnel under their supervision and direction only if this subpart is amended to reflect such redelegation and notice thereof is published in the Federal Register.
d Exercise of authority; policy and procedure. The delegatees and redelegatees shall exercise the authorities delegated or redelegated in a manner consistent with applicable laws and the established policies of the Commission, and shall consult with the General Counsel where appropriate.
e Exercise of delegated authority by delegator. Under any authority delegated or redelegated, the delegator Commission, or the redelegator, respectively, shall retain full rights to exercise the authority in the first instance.
f Review of delegatees action. The delegator Commission or redelegator of authority shall retain a discretionary right to review an action taken under delegated authority by a subordinate delegatee, either upon the filing of a written petition of a party to, or an intervenor in, such action; or upon the delegators or redelegators own initiative.
1 Petition. Petitions for review of actions taken under delegated authority shall be filed within ten 10 calendar days of the action taken:
i If the action for which review is sought is taken by a delegatee, the petition shall be addressed to the Commission pursuant to 502.94 of this chapter.
ii If the action for which review is sought is taken by a redelegatee, the petition shall be addressed to the redelegator whose decision can be further reviewed by the Commission under paragraph f1i of this section, unless the Commission decides to review the matter directly, such as, for example, if the redelegator is incapacitated.
2 Discretionary review. The vote of a majority of the Commission less one member e.g., two Commissioners if there are a total of four or five sitting Commissioners; one Commissioner if there are a total of three or fewer sitting Commissioners shall be sufficient to bring any delegated action before the Commission for review under this paragraph f.
g Actionwhen final. Should the right to exercise discretionary review be declined or should no such review be sought under paragraph f of this section, then the action taken under
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delegated authority shall, for all purposes, including appeal or review thereof, be deemed to be the action of the Commission.
h Conflicts. Where the procedures set forth in this section conflict with law or any regulation of this chapter, the conflict shall be resolved in favor of the law or other regulation.
501.12 Delegation to the General Counsel.
a Authority to classify carriers within the meaning of 46 U.S.C.
401029 except where a carrier submits a rebuttal statement pursuant to 565.3b of this chapter.
b Authority to review for legal sufficiency all adverse personnel actions, procurement activities, Freedom of Information Act matters, Privacy Act matters, and requests for testimony by employees and production of official records in litigation and other administrative actions, pursuant to part 503, subpart E, of this chapter.
501.13
Delegation to the Secretary.
a Authority to approve applications for permission to practice before the Commission and to issue admission certificates to approved applicants.
b Authority to extend the time to file exceptions or replies to exceptions, and the time for Commission review, relative to initial decisions of administrative law judges and decisions of Special Dockets Officers.
c Authority to extend the time to file appeals or replies to appeals, and the time for Commission review, relative to dismissals of proceedings, in whole or in part, issued by administrative law judges.
d Authority to establish and extend or reduce the time:
1 To file documents either in docketed proceedings or relative to petitions filed under part 502 of this chapter, which are pending before the Commission itself; and 2 To issue initial and final decisions under 502.61 of this chapter.
e Authority to prescribe a time limit for the submission of written comments with reference to agreements filed pursuant to 46 U.S.C. chapter 403.
f Authority, in appropriate cases, to publish in the Federal Register notices of intent to prepare an environmental assessment and notices of finding of no significant impact.
g Authority to prescribe a time limit less than ten days from the date published in the Federal Register for filing comments on notices of intent to prepare an environmental assessment and notice of finding of no significant impact and authority to prepare
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