46 C.F.R. Subpart C—Records, Information and Materials Generally Available to the Public Without Resort to Freedom of Information Act Procedures
Title 46 - Shipping
Source: 63 FR 53308, Oct. 5, 1998, unless otherwise noted.
(a) The Commission, as required by the Freedom of Information Act, 5 U.S.C. 552, shall make the following materials available for public inspection and copying: (1) Final opinions (including concurring and dissenting opinions) and all orders made in the adjudication of cases. (2) Those statements of policy and interpretations which have been adopted by the Commission. (3) Administrative staff manuals and instructions to staff that affect any member of the public. (4) Copies of all records, regardless of form or format, which have been released to any person pursuant to a Freedom of Information Act request, and which the Secretary determines have become or are likely to become the subject of subsequent requests for substantially the same records, and a general index of such records. (b) To prevent unwarranted invasion of personal privacy, the Secretary may delete identifying details when it makes available or publishes an opinion, statement of policy, interpretation, staff manual, instruction, or copies of records referred to in paragraph (a)(4) of this section. In each case, the justification for the deletion shall be explained fully in writing, and the extent of such deletion shall be indicated on that portion of the record which is made available or published, unless including that indication would harm an interest protected by an exemption in §503.33 under which the deletion is made. If technically feasible, the extent of the deletion shall be indicated at the place in the record where the deletion was made. (c) The Commission maintains and makes available for public inspection and copying a current index providing identifying information for the public as to any matter which is issued, adopted, or promulgated, and which is required by paragraph (a) of this section to be made available or published. (1) The index shall be available at the Office of the Secretary, Federal Maritime Commission, Washington, DC 20573. Publication of such indices has been determined by the Commission to be unnecessary and impracticable. The indices shall, nonetheless, be provided to any member of the public at a cost not in excess of the direct cost of duplication of any such index upon request therefor. (2) No final order, opinion, statement of policy, interpretation, or staff manual or instruction that affects any member of the public will be relied upon, used, or cited as precedent by the Commission against any private party unless: (i) It has been indexed and either made available or published as provided by this subpart; or (ii) That private party shall have actual and timely notice of the terms thereof. (d) Duplication of records may be subject to fees as prescribed in subpart E of this part. (a) The following records will be made available for inspection and copying at the Office of the Secretary, Federal Maritime Commission, 800 North Capitol St., NW, Washington, DC 20573, without the requirement of a written request. Access to requested records may be delayed if they have been sent to archives. (1) Proposed and final rules and regulations of the Commission including general substantive rules, statements of policy and interpretations, and rules of practice and procedure. (2) Reports of decisions (including concurring and dissenting opinions), orders and notices in all formal proceedings. (3) Official docket files in all formal proceedings including, but not limited to, orders, notices, pertinent correspondence, transcripts, exhibits, and briefs, except for materials which are the subject of a protective order. Copies of transcripts may only be available from the reporting company contracted by the Commission. Contact the Office of the Secretary for the name and address of this company. (4) News releases. (5) Approved summary minutes of Commission actions showing final votes, except for minutes of closed Commission meetings which are not available until the Commission publicly announces the results of such deliberations. (6) Annual reports of the Commission. (b) Certain fees may be assessed for duplication of records made available by this section as prescribed in subpart E of this part. [63 FR 53308, Oct. 5, 1998, as amended at 64 FR 23547, May 3, 1999] (a) The following Commission records are generally available for inspection and copying, without resort to Freedom of Information Act procedures, upon request in writing addressed to the Office of the Secretary, Federal Maritime Commission, Washington, DC 20573: (1) Agreements filed and in effect pursuant to sections 5 and 6 of the Shipping Act of 1984. (2) Agreements filed under section 5 of the Shipping Act of 1984 which have been noticed in the (3) Tariff data filed in the Commission's ATFI system prior to May 1, 1999. (4) List of licensed ocean freight forwarders. (b) Certain fees may be assessed for duplication of records made available by this section as prescribed in subpart E of this part. [63 FR 53308, Oct. 5, 1998, as amended at 64 FR 23547, May 3, 1999] (a) The Commission maintains an internet web site. The Commission home page may be found at http://www.fmc.gov. (b) The following general information, records, and resources are accessible through the home page: (1) General descriptions of the functions, bureaus, and offices of the Commission, phone numbers and e-mail addresses for Commission officials, as well as locations of Area Representatives; (2) Information about filing complaints; (3) Commonly used forms; (4) A public information handbook describing the types of information available from the Commission and how to access such information; (5) A Freedom of Information Act Electronic Reading Room which contains: (i) Copies of final decisions in adjudicatory proceedings issued since November 1, 1996; (ii) Recently issued final rules and pending proposed rules; (iii) Access to statements of policy and interpretations as published in part 545 of this chapter; and (iv) Records created by the Commission since November 1, 1996, and made available under §503.21, paragraph (a)(4). (6) Commission regulations as codified in Title 46 of the Code of Federal Regulations; (7) News releases issued by the Commission; (8) Statements and remarks from the Chairman and Commissioners; (9) A connection to the Government Information Locator Service maintained by the Government Printing Office, which identifies Commission databases; and (10) Privacy Act information; (11) Lists of the location of all common carrier and conference tariffs and publicly available terminal schedules of marine terminal operators; and (12) A list of licensed ocean transportation intermediaries which have furnished the Commission with evidence of financial responsibility. (c) Comments or questions regarding the home page should be addressed via e-mail to [email protected]. [63 FR 53308, Oct. 5, 1998, as amended at 64 FR 23547, May 3, 1999]
Title 46: Shipping
PART 503—PUBLIC INFORMATION
Subpart C—Records, Information and Materials Generally Available to the Public Without Resort to Freedom of Information Act Procedures
§ 503.21 Mandatory public records.
§ 503.22 Records available at the Office of the Secretary
§ 503.23 Records available upon written request.
§ 503.24 Information available via the internet.
