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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations Executive Order 12988 Civil Justice Reform This rule meets the applicable standards in E.O. 12988 titled, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Section 3b of E.O. 12988
requires agencies to make every reasonable effort to ensure that each new regulation: 1 Clearly specifies the preemptive effect; 2 clearly specifies the effect on existing Federal law or regulation; 3 provides a clear legal standard for affected conduct, while promoting simplification and burden reduction; 4 clearly specifies the retroactive effect, if any; 5 adequately defines key terms; and 6 addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. This document is consistent with that requirement.
Regulation Identifier Number The Commission assigns a regulation identifier number RIN to each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions Unified Agenda.
The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. You may use the RIN contained in the heading of this document to find this action in the Unified Agenda, available at http www.reginfo.gov/public/do/
eAgendaMain.
List of Subjects in 46 CFR Part 501
Authority delegations, Commission organization and functions.
For the reasons stated in the preamble, the Commission revises 46 CFR part 501
to read as follows:

PART 501THE FEDERAL MARITIME
COMMISSIONGENERAL

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Subpart AOrganization and Functions Sec.
501.1 Purpose.
501.2 General.
501.3 The Commissions organizational components and their functions.
Subpart BDelegation and Redelegation of Authorities 501.11 Delegation of authorities.
501.12 Delegation to the General Counsel.
501.13 Delegation to the Secretary.
501.14 Delegation to and redelegation by the Managing Director.
501.15 Delegation to the Chief Financial Officer.
501.16 Delegation to and redelegation by the Director, Bureau of Certification and Licensing.
501.17 Delegation to and redelegation by the Director, Bureau of Trade Analysis.

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Authority: 5 U.S.C. 551557, 571584, 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. 4010141309, 42101
42109, 4410144106, and 4610146108; 5
CFR part 2638.

Subpart AOrganization and Functions 501.1

Purpose.

This part describes the organization, functions, and the delegation of authority within, the Federal Maritime Commission Commission.
501.2

General.

a Statutory functions. The Commission regulates common carriers by water and other persons involved in the oceanborne foreign commerce of the United States under provisions of title 46, subtitle IV of the United States Code and other applicable statutes.
b Establishment and composition of the Commission. The Commission was established as an independent agency by Reorganization Plan No. 7 of 1961, effective August 12, 1961, and is composed of five Commissioners Commissioners or members, appointed by the President, by and with the advice and consent of the Senate.
Not more than three Commissioners may be appointed from the same political party. The President designates one of the Commissioners to serve as the Chairman of the Commission Chairman.
c Terms and vacancies1 Length of terms. The term of each member of the Commission is five years and begins when the term of the predecessor of that member ends i.e., on June 30 of each successive year.
2 Removal. The President may remove a Commissioner for inefficiency, neglect of duty, or malfeasance in office.
3 Vacancies. A vacancy in the office of any Commissioner is filled in the same manner as the original appointment. An individual appointed to fill a vacancy is appointed only for the unexpired term of the individual being succeeded.
4 Term limitsi Commissioners initially appointed and confirmed before December 18, 2014. When a Commissioners term ends, the Commissioner may continue to serve until a successor is appointed and qualified.
ii Commissioners initially appointed and confirmed on or after December 18, 2014. A When a Commissioners term ends, the Commissioner may continue to serve until a successor is appointed and qualified, limited to a period not to exceed one year.

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B No individual may serve more than two terms, except that an individual appointed to fill a vacancy may serve two terms in addition to the remainder of the term for which the predecessor of that individual was appointed.
d Quorum. A vacancy or vacancies in the Commission shall not impair the power of the Commission to execute its functions. The affirmative vote of a majority of the members of the Commission is required to dispose of any matter before the Commission. For purposes of holding a formal meeting for the transaction of the business of the Commission, the actual presence of two Commissioners shall be sufficient.
Proxy votes of absent members shall be permitted.
e Meetings; records; rules and regulations. The Commission shall, through its Secretary, keep a true record of all its meetings and the yea-and-nay votes taken therein on every action and order approved or disapproved by the Commission. In addition to or in aid of its functions, the Commission adopts rules and regulations in regard to its powers, duties, and functions under the shipping statutes it administers.
501.3 The Commissions organizational components and their functions.

a Office of the Chairman of the Federal Maritime Commission1
General. The Chairman is the chief executive and administrative officer of the Commission. In addition, the Chairman, as head of the agency, has certain responsibilities under Federal laws and directives not specifically related to shipping.
2 Management and supervision. The Chairman provides management direction to the Office of Equal Employment Opportunity, Office of the Secretary, Office of the General Counsel, Office of the Administrative Law Judges, and Office of the Managing Director.
Subject to the approval of the Commission, the Chairman appoints the heads of the major organizational units, which include the Office of the Secretary, Office of the General Counsel, Office of the Administrative Law Judges, Office of the Managing Director, Bureau of Trade Analysis, Bureau of Certification and Licensing, Bureau of Enforcement, and Office of Consumer Affairs and Dispute Resolution Services.
The Chairman appoints or designates and oversees the Director, Office of Equal Employment Opportunity, who advises and assists the Chairman, the Commissioners, and other principal officers of the Commission in carrying out their responsibilities relative to Titles VI and VII of the Civil Rights Act
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