Imágenes de páginas
PDF
EPUB

recommended decisions in formal rulemaking and adjudicatory proceedings as provided in the Shipping Act of 1984, and other applicable laws and other matters assigned by the Commission, in accordance with the Administrative Procedure Act and the Commission's Rules of Practice and Procedure.

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

(i) As senior staff official, is responsible to the Chairman for the management and coordination of Commission programs managed by the operating Bureaus of Enforcement; Administration; Economics and Agreement Analysis; and Tariffs, Certification and Licensing, as more fully described in paragraphs (g) through (k) of this section, and thereby implements the regulatory policies of the Commission and the administrative policies and directives of the Chairman;

(ii) Provides administrative guidance to all units of the Commission other than the operating bureaus listed in paragraph (f)(1) of this section, except the Offices of Equal Employment Opportunity and the Inspector General, which are provided administrative assistance;

(iii) Is the agency's Senior Procurement Executive under 41 U.S.C. 414(3) and Commission Order No. 112;

(iv) As the Designated Senior Information Resources Management Official under 44 U.S.C. 501-520 and 3501-3520 and Commission Order No. 117, reviews recommendations of the Commission's Committee on Automated Data Processing and submits them to the Chairman under Commission Orders Nos. 98 and 117;

(v) Is the Audit Follow-up and Management (Internal) Controls Official for the Commission under Commission Orders Nos. 103 and 106; and

(vi) Is the agency's Chief Operating Officer, as appointed by the Chairman in response to the President's October 1, 1993, memorandum on management reform.

(2) The Office of Managing Director ensures the periodic review and updating of Commission orders.

(3) A Deputy Managing Director, reporting directly to the Managing Director, supervises the development of, and serves as Contracting Officer for,

the Commission's Automated Tariff Filing and Information ("ATFI") System.

(4) Is responsible for the administration and coordination of the Office of Information Resources Management. The Office of Information Resources Management, under the direction and management of the Office Director, provides administrative support with respect to information resources management to the program operations of the Commission. The Office interprets governmental policies and programs for information management and administers these in a manner consistent with Federal guidelines. The Office initiates recommendations, collaborating with other elements of the Commission as warranted, for long-range plans, new or revised policies and standards, and rules and regulations, with respect to its program activities. The Office's major functions include: administration of the information resources management program under the Paperwork Reduction Act; management studies and surveys; data telecommunications/ database management and application development; records management; IRM contract administration; development of Paperwork Reduction Act clearances for submission to the Office of Management and Budget; computer security; and forms management. The Director of the Office serves as Senior IRM Manager, Forms Control Officer, Computer Security Officer, Records Management Officer, and ADP Coordinator for the Committee on Automated Data Processing.

(g) Under the direction and management of the Bureau Director, the Bureau of Economics and Agreement Analysis develops and administers programs in connection with the anticompetitive and cooperative arrangements and practices of common carriers by water, freight forwarders and terminal operators in the foreign commerce of the U.S., including the filing of ocean common carrier agreements under section 5 of the Shipping Act of 1984, and the filing of agreements by marine terminal operators under section 5 of the Shipping Act of 1984. The Bureau provides expert economic testimony and support

in formal proceedings, particularly regarding unfair foreign shipping practices under section 19 of the Merchant Marine Act, 1920, and the Foreign Shipping Practices Act of 1988.

(h) Bureau of Tariffs, Certification and Licensing. Under the direction and management of the Bureau Director, the Bureau of Tariffs, Certification and Licensing plans, develops and administers programs in connection with tariffs filed by common carriers and marine terminal operators; ocean common carrier service contracts; financial responsibility of non-vessel operating common carriers; licensing ocean freight forwarders; certifying the financial responsibility of passenger vessel owners and operators. These programs carry out provisions of the Shipping Act of 1984; and Public Law 89-777, as implemented under Parts 510, 514, 540, 582 and 583 of this chapter. The Bureau maintains tariff data filed in electronic form on the Commission's Automated Tariff Filing and Information System ("ATFI"). The Bureau develops long-range plans, new or revised policies and standards, and rules and regulations with respect to these programs. It also cooperates with other Commission components with regard to the enforcement of the Commission's regulatory requirements, and provides expert testimony and support in formal proceedings. The Bureau's program activities are carried out by the Office of Tariffs, the Office of Service Contracts and Passenger Vessel Operations and the Office of Freight Forwarders.

(i) Bureau of Enforcement; Area Representatives. Under the direction and management of the Bureau Director, the Bureau of Enforcement:

(1) Participates as trial counsel in formal Commission proceedings when designated by Commission order, or when intervention is granted;

(2) Initiates, processes and negotiates the informal compromise of civil penalties under $501.28 of this part and §502.604 of this chapter, and represents the Commission in proceedings and circumstances as designated;

(3) Acts as staff counsel to the Managing Director and other bureaus and offices;

(4) Coordinates with other bureaus and offices to provide legal advice, at

11

torney liaison, and prosecution, as warranted, in connection with enforcement matters; and

(5) Conducts investigations leading to enforcement action, advises the Federal Maritime Commission of evolving competitive practices in international and domestic offshore commerce, assesses the practical repercussions of Commission regulations, educates the industry regarding policy and statutory requirements, assists in the resolution of disputes within the industry, and provides liaison, cooperation, and other coordination between the Commission and the maritime industry, shippers, and other government agencies.

(6) Maintains a presence in locations other than Washington, D.C. through Area Representatives whose activities include the following:

(1) Representing the Commission within their respective geographic

areas;

(ii) Providing liaison between the Commission and the shipping industry and interested public; conveying pertinent information regarding regulatory activities and problems; and recommending courses of action and solutions to problems as they relate to the shipping public, the affected industry, and the Commission;

to

(iii) Furnishing to interested persons information, advice, and access Commission public documents;

(iv) Receiving and resolving informal complaints, in coordination with the Director, Office of Informal Inquiries, Complaints and Informal Dockets;

(v) Investigating potential violations of the shipping statutes and the Commission's regulations;

(vi) Conducting shipping industry surveillance programs to ensure compliance with the shipping statutes and Commission regulations. Such programs include common carrier audits, service contract audits and compliance checks of ocean freight forwarders;

(vii) Upon request of the Bureau of Tariffs, Certification and Licensing, auditing passenger vessel operators to determine the adequacy of performance bonds and the availability of funds to pay liability claims for death or injury,

Eastern Michigan Univerony Library

DEC 1 8 1997

[blocks in formation]

(k) Under the direction and management of the Bureau Director, the Bureau of Administration is responsible for the administration and coordination of the Offices of: Administrative Services; Budget and Financial Management; and Personnel. The Bureau provides administrative support to the program operations of the Commission. The Bureau interprets governmental policies and programs and administers these is a manner consistent with Federal guidelines, including those involving procurement, financial management and personnel. The Bureau initiates recommendations, collaborating with other elements of the Commission as warranted, for long-range plans, new or revised policies and standards, and rules and regulations, with respect to its program activities. The Office of the Bureau Director is responsible for directing and administering the Commission's training and development function. The Bureau Director is the Commission's Competition Advocate under 41 U.S.C. 418(a) and Commission Order No. 112, as well as the Commission's representative, as Principal Management Official, to the Small Agency Council. Other Bureau programs are carried out by its Offices, as follows:

(1) The Office of Administrative Services, under the direction and management of the Office Director, directs and administers a wide variety of management support service functions of the Commission. The Director of the Office is the Commission's principal Contracting Officer under Commission order No. 112. Programs include communications; audio and voice telecommunications; procurement of and

contracting for administrative goods and services, including the utilization of small and disadvantaged businesses; management of property, space, printing and copying; mail and records services; Forms and graphic designs; facilities; and equipment maintenance; and transportation.

(2) The Office of Budget and Financial Management, under the direction and management of the Office Director, administers the Commission's financial management program, including fiscal accounting activities, fee and forfeiture collections, and payments, and ensures that Commission obligations and expenditures of appropriated funds are proper; develops annual budget justifications for submission to the Congress and the Office of Management and Budget; develops and administers internal controls systems that provide accountability for agency funds; administers the Commission's travel and cash management programs, as well as the Commission's Imprest Funds; ensures accountability for official passports; and assists in the development of proper levels of user fees. The Director of the Office is the Commission's Chief Financial Officer.

(3) The Office of Personnel, under the direction and management of the Office Director, plans and administers a complete personnel management program including: Recruitment and placement; position classification and pay administration; occupational safety and health; employee counseling services; employee relations; workforce discipline; performance appraisal; incentive awards; retirement; and personnel security. The Director of the Office is the Chairman of the Incentive Awards Committee.

(1) Boards and Committees. The following boards and committees are established by separate Commission orders ("C.O.") to address matters relating to the overall operations of the Commission:

(1) The Executive Resources Board is comprised of three voting members, chosen from the ranks of those above the grade 15 level, with the majority being career members of the Senior Executive Service. The members serve

staggered terms of three years, beginning October 1 of each year; the member serving in the last year of his/her term serves as Chairman. The board meets on an ad hoc basis to discuss, develop and submit recommendations to the Chairman on matters related to the merit staffing process for career appointments in the Senior Executive Service, including the executive qualifications of candidates for career appointment. The board also plans and manages the Commission's executive development programs. Serving the board in a non-voting advisory capacity are the Director, Office of Equal Employment Opportunity, the Training Officer, and the Director, Office of Personnel, who also serves as the board's secretary. C.O. No. 95.

(2) The Committee on Automated Data Processing is chaired by a Commissioner designated by the Chairman, and is comprised of the Directors of the Bureaus of Economics and Agreement Analysis; Tariffs, Certification and Licensing; Administration; and Enforcement; the General Counsel; the Secretary; the Inspector General; the Director, Office of Equal Employment Opportunity; the Chief Administrative Law Judge; a representative of the Chairman's office; the Deputy Managing Director in charge of the Commission's Automated Tariff Filing and Information System; and the Director, Office of Information Resources Management, who serves as Committee Coordinator for the Committee Chairperson. The Committee meets on an ad hoc basis to review, evaluate, and recommend to the Chairman, through the Managing Director, policies and actions on the acquisition, management, and use of ADP equipment and services. C.O. No. 98.

(3) The Performance Review Board is chaired by a Commissioner designated by the Chairman, and is composed of a standing register of members which is published in the FEDERAL REGISTER. Once a year, the PRB Chairman appoints performance review panels from the membership to review individual performance appraisals and other rel

evant information pertaining to Senior Executives at the Commission, and to recommend final performance ratings to the Chairman. C.O. No. 115.

(4) The Incentive Awards Committee is composed of two permanent voting members: The Director of Personnel, who serves as Chairman; and the Director of Equal Employment Opportunity; and two other voting members approved by the Chairman upon the recommendation of the Managing Director. The committee meets on an ad hoc basis to determine if incentive award nominations meet established criteria, and to review suggestions. C.O. No. 62. [59 FR 954, Jan. 7, 1994, as amended at 59 FR 54396, Oct. 31, 1994; 59 FR 62329, Dec. 5, 1994; 59 FR 67227, Dec. 29, 1994; 60 FR 5322, Jan. 27, 1995; 60 FR 30791, June 12, 1995; 60 FR 57941, Nov. 24, 1995; 61 FR 51231, Oct. 1, 1996; 61 FR 66616, Dec. 18, 1996]

Subpart B-Official Seal

8501.11 Official seal.

(a) Description. Pursuant to section 201 (c) of the Merchant Marine Act, 1936, as amended (46 U.S.C. app. 1111(c)), the Commission prescribes its official seal, as adopted by the Commission on August 14, 1961, which shall be judicially noticed. The design of the official seal is described as follows:

(1) A shield argent paly of six gules, a chief azure charged with a fouled anchor or; shield and anchor outlined of the third; on a wreath argent and gules, an eagle displayed proper; all on a gold disc within a blue border, encircled by a gold rope outlined in blue, and bearing in white letters the inscription "Federal Maritime Commission" in upper portion and "1961" in lower portion.

(2) The shield and eagle above it are associated with the United States of America and denote the national scope of maritime affairs. The outer rope and fouled anchor are symbolic of seamen and waterborne transportation. The date "1961" has historical significance, indicating the year in which the Commission was created.

(b) Design.

[graphic][ocr errors][subsumed][subsumed][subsumed][ocr errors][subsumed][subsumed][subsumed]

Subpart C-Delegation and
Redelegation of Authorities

§ 501.21 Delegation of authorities.

(a) Authority and delegation. Section 105 of Reorganization Plan No. 7 of 1961, August 12, 1961, 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. In subpart A of this part, the Commission has delegated general functions, and in this subpart C, it is delegating miscellaneous, specific authorities set forth in §§ 501.23, et seq., to the delegatees designated therein, subject to the limitations prescribed in subsequent subsections of this section.

(b) Deputies. Where bureau or office deputies are officially appointed, they are hereby delegated all necessary authority to act in the absence or incapacity of the director or chief.

(c) Redelegation. Subject to the limitations in this section, the delegatees may redelegate their authorities to subordinate personnel under their supervision and direction; but only if this subpart is amended to reflect such redelegation and notice thereof is pub

lished in the FEDERAL REGISTER. Under any redelegated authority, the redelegator assumes full responsibility for actions taken by subordinate redelegatees.

(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 delegatee's 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 delegator's or redelegator's own initiative.

(1) Petitions for review of actions taken under delegated authority shall be filed within ten (10) calendar days of the action taken:

« AnteriorContinuar »