cfr_sections
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57 rows where agency = "FMC" and part_number = 503 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 46:46:9.0.1.1.4.1.1.1 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | A | Subpart A—General | § 503.1 Scope and purpose. | FMC | [80 FR 52640, Sept. 1, 2015] | This part implements the Freedom of Information Act (FOIA), 5 U.S.C. 552, as amended, the Privacy Act of 1974, 5 U.S.C. 552a, and the Government in the Sunshine Act (1976), 5 U.S.C. 552b; and sets forth the Commission's regulations governing: (a) Public availability of Commission information and records at its Office of the Secretary, published in the Federal Register, or posted on the Commission's public Web site ( www.fmc.gov ); (b) Procedures for requests for testimony by current or former FMC employees relating to official information and production of official Commission records in litigation; (c) The type of services and amount of fees charged for certain Commission services; and (d) The Commission's Information Security Program. | |||
| 46:46:9.0.1.1.4.2.1.1 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | B | Subpart B—Publication in the Federal Register | § 503.11 Materials to be published. | FMC | [49 FR 44401, Nov. 6, 1984, as amended at 64 FR 23547, May 3, 1999; 80 FR 52640, Sept. 1, 2015] | The Commission shall separately state and concurrently publish the following materials in the Federal Register or on its public Web site ( www.fmc.gov ) for the guidance of the public: (a) Descriptions of its central and field organization and the established places at which the officers from whom, and the methods whereby, the public may secure information, make submittals or requests, or obtain decisions. (b) Statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available. (c) Rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations. (d) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency. (e) Every amendment, revision, or repeal of the foregoing. | |||
| 46:46:9.0.1.1.4.2.1.2 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | B | Subpart B—Publication in the Federal Register | § 503.12 Effect of nonpublication. | FMC | Except to the extent that a person has actual and timely notice of the terms thereof, no person shall in any manner be required to resort to, or be adversely affected by any matter required to be published in the Federal Register and not so published. | ||||
| 46:46:9.0.1.1.4.2.1.3 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | B | Subpart B—Publication in the Federal Register | § 503.13 Incorporation by reference. | FMC | [49 FR 44401, Nov. 6, 1984; 49 FR 47394, Dec. 4, 1984] | For purposes of this subpart, matter which is reasonably available to the class of persons affected hereby shall be deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Office of the Federal Register. | |||
| 46:46:9.0.1.1.4.3.1.1 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | C | Subpart C—Records, Information and Materials Generally Available to the Public Without Resort to Freedom of Information Act Procedures | § 503.21 Mandatory public records. | FMC | [63 FR 53308, Oct. 5, 1998, as amended at 80 FR 52640, Sept. 1, 2015; 82 FR 2248, Jan. 9, 2017] | (a) The Commission, as required by the Freedom of Information Act, 5 U.S.C. 552, is responsible for determining which of its records must be made publicly available, for identifying additional records of interest to the public that are appropriate for public disclosure, for posting and indexing such records, and for reviewing and updating posted records and indices on an ongoing basis. The Commission makes the following materials available for public inspection in electronic format on its Web site at www.fmc.gov: (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 in an electronic format, a current log or index providing identifying info… | |||
| 46:46:9.0.1.1.4.3.1.2 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | C | Subpart C—Records, Information and Materials Generally Available to the Public Without Resort to Freedom of Information Act Procedures | § 503.22 Records available through the Commission's Web site or at the Office of the Secretary. | FMC | [80 FR 52640, Sept. 1, 2015] | The following records are also available without the requirement of a FOIA request on the Commission's Web site or by contacting the Office of the Secretary, Federal Maritime Commission, 800 North Capitol St. NW., Washington, DC 20573, secretary@fmc.gov. Access to requested records may be delayed if they have been sent to archives. Certain fees may be assessed for duplication of records made available by this section as prescribed in subpart F of this part. (a) Proposed and final rules and regulations of the Commission including general substantive rules, statements of policy and interpretations, and rules of practice and procedure. (b) Federal Maritime Commission reports. (c) Official docket files in all formal proceedings including, but not limited to, orders, final decisions, notices, pertinent correspondence, transcripts, exhibits, and briefs, except for materials which are the subject of a protective order. (d) News releases, consumer alerts, Commissioner statements, and speeches. (e) 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. (f) Annual reports of the Commission. (g) Agreements filed or in effect pursuant to section 5 (46 U.S.C. 40301(d)-(e), 40302-40303, 40305) and section 6 (46 U.S.C. 40304, 40306, 41307(b)-(d)) of the Shipping Act of 1984. (h) List of FMC-licensed and bonded ocean transportation intermediaries. (i) Notification of ocean transportation intermediaries license applications, revocations, and suspensions. (j) General descriptions of the functions, bureaus, and offices of the Commission, phone numbers and email addresses, as well as locations of Area Representatives. (k) Information about how to file a complaint alleging violations of the Shipping Act, and how to seek mediation or alternative dispute resolution services. (l) Commonly used forms. (m) Final and pending proposed rules. (n) Access to statements … | |||
| 46:46:9.0.1.1.4.3.1.3 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | C | Subpart C—Records, Information and Materials Generally Available to the Public Without Resort to Freedom of Information Act Procedures | §§ 503.23-503.24 [Reserved] | FMC | |||||
| 46:46:9.0.1.1.4.4.1.1 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | D | Subpart D—Requests for Records Under the Freedom of Information Act | § 503.31 Records available upon written request under the Freedom of Information Act. | FMC | [63 FR 53310, Oct. 5, 1998, as amended at 80 FR 52641, Sept. 1, 2015] | (a) Generally. Many documents are available on the Commission's public Web site and the Commission encourages requesters visit the Web site before making a request for records under FOIA. (1) Electronic or written requests. A member of the public may request permission to inspect, copy or be provided with any Commission record not described in subpart C of this part or posted on the Commission's Web site at www.fmc.gov. Such a request must: (i) Reasonably describe the record or records sought; (ii) Be submitted electronically to FOIA@fmc.gov or in writing to the Secretary, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573. (iii) Be clearly marked on the subject line of an email or on the exterior of the envelope with the term “FOIA.” (2) [Reserved] (b) The Secretary shall evaluate each request in conjunction with the official having responsibility for the subject matter area and the General Counsel, and the Secretary shall determine whether or not to grant the request in accordance with the provisions of this subpart. (c) In making any record available to a person under this subpart, the Secretary shall provide the record in any form or format requested by the person if the record is readily reproducible by the Secretary in that form or format. (d) Certain fees may be assessed for processing requests under this subpart as prescribed in subpart F of this part. | |||
| 46:46:9.0.1.1.4.4.1.2 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | D | Subpart D—Requests for Records Under the Freedom of Information Act | § 503.32 Procedures for responding to requests made under the Freedom of Information Act. | FMC | [63 FR 53310, Oct. 5, 1998, as amended at 80 FR 52641, Sept. 1, 2015; 82 FR 2248, Jan. 9, 2017] | (a) Determination to grant or deny request. Upon request by any member of the public for documents, made in accordance with the rules of this part, the Commission's Secretary or his or her delegate in his or her absence, shall determine whether or not such request shall be granted. (1) Such determination shall be made by the Secretary within twenty (20) business days after receipt of such request, except as provided in paragraphs (b) and (e)(4) of this section, and the Secretary shall immediately notify the requester of: (i) Such determination and the reasons therefor; (ii) The right of such person to seek assistance from the agency's FOIA Public Liaison; and (iii) In the case of an adverse determination, the right of such requester to appeal to the Chairman no less than 90 days after the date of such adverse determination, and the right of such requester to seek dispute resolution services from the agency's FOIA Public Liaison or the Office of Government Information Services. (2) Upon granting a request, the Secretary shall promptly make records available to the requestor. Upon denial of such a request the Secretary shall promptly notify the requestor of the determination, explain the reason for denial, give an estimate of the volume of matter denied, and set forth the names and titles or positions of each person responsible for the denial of the request. (3)(i) Any party whose request for documents or other information pursuant to this part has been denied in whole or in part by the Secretary may appeal such determination. Any such appeal must: (A) Be addressed to: Chairman, Federal Maritime Commission, Washington, D.C. 20573-0001; and (B) Be filed not later than 90 days following receipt of notification of full or partial denial of records requested. (ii) The Chairman or the Chairman's specific delegate, in his or her absence, shall make a determination with respect to that appeal within twenty (20) business days after receipt of such appeal, except as provided in paragraph (b) of this section. (ii… | |||
| 46:46:9.0.1.1.4.4.1.3 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | D | Subpart D—Requests for Records Under the Freedom of Information Act | § 503.33 Exceptions to availability of records. | FMC | [63 FR 53310, Oct. 5, 1998, as amended at 82 FR 2249, Jan. 9, 2017] | (a) Except as provided in paragraph (b) of this section, the following records may be withheld from disclosure: (1) Records specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and which are in fact properly classified pursuant to such Executive order. Records to which this provision applies shall be deemed by the Commission to have been properly classified. This exception may apply to records in the custody of the Commission which have been transmitted to the Commission by another agency which has designated the record as nonpublic under an Executive order. (2) Records related solely to the internal personnel rules and practices of the Commission. (3) Records specifically exempted from disclosure by statute, provided that such statute: (i) Requires that the matter be withheld from the public in such a manner as to leave no discretion on the issue, or (ii) Establishes particular criteria for withholding or refers to particular types of matters to be withheld. (4) Trade secrets and commercial financial information obtained from a person and privileged or confidential. (5) Inter-agency or intra-agency memoranda or letters that would not be available by law to a party other than an agency in litigation with the Commission, provided that the deliberative process privilege shall not apply to records created 25 years or more before the date on which the records were requested. (6) Personnel and medical files and similar files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. (7) Records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information: (i) Could reasonably be expected to interfere with enforcement proceedings; (ii) Would deprive a person of a right to a fair trial or an impartial adjudication; (iii) Could reasonably be expected to constitute an unwarranted invasion of personal pri… | |||
| 46:46:9.0.1.1.4.4.1.4 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | D | Subpart D—Requests for Records Under the Freedom of Information Act | § 503.34 Annual report of public information request activity. | FMC | [63 FR 53310, Oct. 5, 1998, as amended at 80 FR 52641, Sept. 1, 2015; 82 FR 2249, Jan. 9, 2017] | (a) On or before February 1 of each year, the Commission must submit to the Attorney General of the United States, in the format required by the Attorney General, a report on FOIA activities which shall cover the preceding fiscal year pursuant to 5 U.S.C. 552(e). (b) Each such report shall be made available to the public in electronic format. | |||
| 46:46:9.0.1.1.4.5.1.1 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | E | Subpart E—Requests for Testimony by Employees Relating to Official Information and Production of Official Records in Litigation | § 503.37 Purpose and scope; definitions. | FMC | (a) This subpart sets forth the procedures to be followed with respect to: (1) Service of summonses and complaints or other requests or demands directed to the Federal Maritime Commission (Commission) or to any Commission employee or former employee in connection with litigation arising out of or involving the performance of official activities of the Commission; and (2) The oral or written disclosure, in response to subpoenas, orders, or other requests or demands of judicial or quasi-judicial authority (collectively “demands”), whether civil or criminal in nature, or in response to requests for depositions, affidavits, admissions, responses to interrogatories, document production, or other litigation-related matters, pursuant to the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, or applicable state rules (collectively “requests”), of any material contained in the files of the Commission, any information relating to material contained in the files of the Commission, or any information acquired while the subject of the demand or request is or was an employee of the Commission, as part of the performance of that person's duties or by virtue of that person's official status. (b) This subpart applies in all litigation in which the United States is not a party. (c) For purposes of this subpart, the term employee includes: (1) any current or former Commissioner or employee of the Commission; (2) any other individual hired through contractual agreement or on behalf of the Commission or who has performed or is performing services under such agreement for the Commission; (3) Any individual who served or is serving in any consulting or advisory capacity to the Commission, whether informal or formal. (d) The Commission authorizes the General Counsel or the General Counsel's designee to make determinations under this section. (e) For purposes of this subpart, the term litigation encompasses all pre-trial, trial, and post-trial stages of all judicial or administrative actions, hearings, in… | ||||
| 46:46:9.0.1.1.4.5.1.2 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | E | Subpart E—Requests for Testimony by Employees Relating to Official Information and Production of Official Records in Litigation | § 503.38 General prohibition. | FMC | (a) No employee or former employee of the Commission shall, in response to a demand or request, produce any material contained in the files of the Commission, or disclose any information relating to or based upon material contained in the files of the Commission, or disclose any information or produce any material acquired as part of the performance of that person's official duties or because of that person's official status, without prior approval of the Commission in accordance with §§ 503.39 and 503.40. | ||||
| 46:46:9.0.1.1.4.5.1.3 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | E | Subpart E—Requests for Testimony by Employees Relating to Official Information and Production of Official Records in Litigation | § 503.39 Factors to be considered in response to demands or requests. | FMC | (a) The Commission will determine whether testimony or the production of documents will be authorized according to the following criteria: (1) Statutory restrictions, as well as any legal objection, exemption, or privilege that may apply; (2) Relevant legal standards for disclosure of nonpublic information and documents; (3) Commission rules and regulations; (4) The public interest; (5) Minimizing or preventing expenditures of Commission time and resources solely for private purposes. (6) Minimizing the appearance of improperly favoring one litigant over another; (7) Minimizing the possibility that the public will misconstrue variances between personal opinions of Commission employees and Commission policy; and (8) Preserving the integrity of the administrative process. (b) [Reserved] | ||||
| 46:46:9.0.1.1.4.5.1.4 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | E | Subpart E—Requests for Testimony by Employees Relating to Official Information and Production of Official Records in Litigation | § 503.40 Service of process and filing requirements. | FMC | (a) Service of summonses and complaints. (1) Except in cases in which the Commission is represented by legal counsel who have entered an appearance or otherwise given notice of their representation, only the General Counsel is authorized to receive and accept subpoenas, or other demands or requests directed to the Commission, or any component thereof, or its employees, or former employees, whether civil or criminal nature, for: (i) Material, including documents, contained in the files of the Commission; (ii) Information, including testimony, affidavits, declarations, admissions, responses to interrogatories, or informal statements, relating to material contained in the files of the Commission or which any Commission employee acquired in the course and scope of the performance of his official duties; (iii) Garnishment or attachment of compensation of current or former employees; or (iv) The performance or non-performance of any official Commission duty. (2) All such documents should be delivered or addressed to the General Counsel, Office of the General Counsel, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573. (3) In the event that any subpoena, demand, or request is sought to be delivered to a Commission employee (including former employees) other than in the manner prescribed in paragraphs (a)(1) and (2) of this section, such attempted service shall be ineffective. Such employee shall, after consultation with the General Counsel: (i) Decline to accept the subpoena, demand, or request; or (ii) Return them to the server under cover of a written communication referring to the procedures prescribed in this part. (4) Acceptance of such documents by the Office of the General Counsel does not constitute a waiver of any defenses that might otherwise exist with respect to service under the Federal Rules of Civil or Criminal Procedure, or other applicable laws, rules, or regulations. (b) [Reserved] | ||||
| 46:46:9.0.1.1.4.5.1.5 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | E | Subpart E—Requests for Testimony by Employees Relating to Official Information and Production of Official Records in Litigation | § 503.41 Procedure when testimony or production of documents is sought. | FMC | The Commission shall follow the procedures set forth in this part. (a) If oral testimony is sought by a demand in any case or matter in which the United States is not a party, an affidavit, or, if that is not feasible, a statement by the party seeking the testimony or by his attorney, setting forth a summary of the testimony sought and its relevance to the proceeding, must be furnished to the Commission. Any authorization for testimony by a present or former employee of the Commission shall be limited to the scope of the demand as summarized in such statement. (b) When information other than oral testimony is sought by a demand, the Commission shall request a summary of the information sought and its relevance to the proceeding. (c) Permission to testify or to release documents in all cases will be limited to matters outlined in the affidavit or declaration described in § 503.41(a) and (b), or to such matters as deemed appropriate by the Commission. If the Commission, in considering the factors in § 503.39, allows the release of documents or testimony to be given by an employee, arrangements shall be made for the taking of testimony or receipt of documents by the method least disruptive to the employee's official duties. Testimony may, for example, be provided by affidavits, answers to interrogatories, written depositions, or depositions transcribed, recorded, or preserved by any other means allowable by law. (d) Upon issuance of a final determination to not authorize testimony or release of Commission information by the Commission, the party or the party's counsel seeking testimony or documents may consult or negotiate with the Commission to refine and limit the demand. | ||||
| 46:46:9.0.1.1.4.5.1.6 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | E | Subpart E—Requests for Testimony by Employees Relating to Official Information and Production of Official Records in Litigation | § 503.42 Fees. | FMC | (a) Generally. The Commission may condition the production of records or appearance for testimony upon advance payment of a reasonable estimate of the costs to the Commission. (b) Fees for records. Fees for producing records will include fees for searching, reviewing, and duplicating records, costs of attorney time spent in reviewing the demand or request, and expenses generated by materials and equipment used to search for, produce, and copy the responsive information. Costs for employee time will be calculated on the basis of the hourly pay of the employee (including all pay, allowance, and benefits). Fees for duplication will be the same as those charged by the Commission in its regulations at subpart F of this part. (c) Witness fees. Fees for attendance by a witness will include fees, expenses, and allowances prescribed by the court's rules. If no such fees are prescribed, witness fees will be determined based upon the rule of the Federal district court closest to the location where the witness will appear. Such fees will include cost of time spent by the witness to prepare for testimony, in travel, and for attendance at the legal proceeding. (d) Payment of fees. The seeking party must pay witness fees for current Commission employees and any records certification fees by submitting to the General Counsel a check or money order for the appropriate amount made payable to the Treasury of the United States. In the case of testimony by former Commission employees, applicable fees must be paid directly to the former employee in accordance with 28 U.S.C. 1821, per diem and mileage, or other applicable statutes. (e) Certification (authentication) of copies of records. The Commission may certify that records are true copies in order to facilitate their use as evidence. If certified records are sought, the request for certified copies shall be made at least 45 days before the date they will be needed. The request should be sent to the General Counsel. Fees for certification will be the same as those char… | ||||
| 46:46:9.0.1.1.4.6.1.1 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | F | Subpart F—Fees | § 503.48 Policy and services available. | FMC | [49 FR 44401, Nov. 6, 1984, as amended at 52 FR 13682, Apr. 24, 1987; 59 FR 59170, Nov. 16, 1994; 63 FR 50535, Sept. 22, 1998. Redesignated at 79 FR 24351, Apr. 30, 2014] | Pursuant to policies established by Congress, the Government's costs for services provided to identifiable persons are to be recovered by the payment of fees (Independent Offices Appropriations Act, 31 U.S.C. 9701 and Freedom of Information Reform Act of 1986, October 27, 1986, 5 U.S.C. 552). Except as otherwise noted, it is the general policy of the Commission not to waive or reduce service and filing fees contained in this chapter. In extraordinary situations, the Commission will accept requests for waivers or fee reductions. Such requests are to be made to the Secretary of the Commission at the time of the information request or the filing of documents and must demonstrate that the waiver or reduction of a fee is in the best interest of the public, or that payment of a fee would impose an undue hardship. The Secretary will notify the requestor of the decision to grant or deny the request for waiver or reduction. (a) Upon request, the following services are available upon the payment of the fees hereinafter prescribed; except that no fees shall be assessed for search, duplication or review in connection with requests for single copies of materials described in §§ 503.11 and 503.21: (1) Records/documents search. (2) Duplication of records/documents. (3) Review of records/documents. (4) Certification of copies of records/documents. (b) Fees shall also be assessed for the following services provided by the Commission: (1) Placing one's name, as an interested party, on the mailing list of a docketed proceeding. (2) Processing nonattorney applications to practice before the Commission. | |||
| 46:46:9.0.1.1.4.6.1.2 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | F | Subpart F—Fees | § 503.49 Payment of fees and charges. | FMC | [49 FR 44401, Nov. 6, 1984, redesignated at 79 FR 24351, Apr. 30, 2014] | The fees charged for special services may be paid through the mail by check, draft, or postal money order, payable to the Federal Maritime Commission, except for charges for transcripts of hearings. Transcripts of hearings, testimony and oral argument are furnished by a nongovernmental contractor, and may be purchased directly from the reporting firm. | |||
| 46:46:9.0.1.1.4.6.1.3 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | F | Subpart F—Fees | § 503.50 Fees for services. | FMC | [49 FR 44401, Nov. 6, 1984, as amended at 52 FR 13683, Apr. 24, 1987; 59 FR 59170, Nov. 16, 1994; 63 FR 50535, Sept. 22, 1998; 67 FR 39859, June 11, 2002; 70 FR 10329, Mar. 3, 2005. Redesignated at 79 FR 24351, Apr. 30, 2014; as amended at 81 FR 59144, Aug. 29, 2016; 83 FR 50294, Oct. 5, 2018; 85 FR 72578, Nov. 13, 2020; 88 FR 16897, Mar. 21, 2023; 88 FR 41040, June 23, 2023] | (a) Definitions. The following definitions apply to the terms when used in this subpart: (1) Search means all time spent looking for material that is responsive to a request, including page-by-page or line-by-line identification of material within documents. Search for material will be done in the most efficient and least expensive manner so as to minimize costs for both the agency and the requester. Search is distinguished, moreover, from review of material in order to determine whether the material is exempt from disclosure. Searches may be done manually or by computer using existing programming. (2) Duplication means the process of making a copy of a document necessary to respond to a Freedom of Information Act or other request. Such copies can take the form of paper or machine readable documentation (e.g., magnetic tape or disk), among others. (3) Review means the process of examining documents located in response to a commercial use request to determine whether any portion of any document located is permitted to be withheld. It also includes processing any documents for disclosure, e.g., doing all that is necessary to excise them and otherwise prepare them for release. Review does not include time spent resolving general legal or policy issues regarding the application of exemptions. (4) Commercial use request means a request from or on behalf of one who seeks information for a use or purpose that furthers the commercial, trade, or profit interests of the requester or the person on whose behalf the request is made. In determining whether a requester properly belongs in this category, the agency must determine the use to which a requester will put the documents requested. Where the agency has reasonable cause to doubt the use to which a requester will put the records sought, or where that use is not clear from the request itself, the agency will seek additional clarification before assigning the request to a specific category. (5) Educational institution means a preschool, a public or priva… | |||
| 46:46:9.0.1.1.4.7.1.1 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | G | Subpart G—Information Security Program | § 503.51 Definitions. | FMC | [64 FR 23547, May 3, 1999, as amended at 76 FR 10263, Feb. 24, 2011] | (a) Access means the ability or opportunity to gain knowledge of classified information. (b) Classification means the act or process by which information is determined to be classified information. (c) Classification guide means a documentary form of instruction or source that prescribes the classification of specific information issued by an original classification authority that identifies the elements of information regarding a specific subject that must be classified and establishes the level and duration of classification for each such element. (d) Classified national security information (hereafter “classified information”) means information that has been determined pursuant to Executive Order 12958 or any predecessor order in force to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. (e) Commission means the Federal Maritime Commission. (f) Declassification means the authorized change in the status of information from classified information to unclassified information. (g) Derivative classification means the incorporating, paraphrasing, restating or generating in new form information that is already classified, and marking the newly developed material consistent with the classification markings that apply to the source information. Derivative classification includes the classification of information based on classification guidance. The duplication or reproduction of existing classified information is not derivative classification. (h) Downgrading means a determination by a declassification authority that information classified and safeguarded at a specified level shall be classified and safeguarded at a lower level. (i) Foreign government information means: (1) Information provided to the United States Government by a foreign government or governments, an international organization of governments, or any element thereof, with the expectation that the information, the source of the information, or both, ar… | |||
| 46:46:9.0.1.1.4.7.1.2 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | G | Subpart G—Information Security Program | § 503.52 Senior agency official. | FMC | [76 FR 10263, Feb. 24, 2011] | The Managing Director is designated as Senior Agency Official of the Commission, and shall be responsible for directing, administering and reporting on the Commission's information security program, which includes oversight (self-inspection) and security information programs to ensure effective implementation of Executive Orders 13526 and 12968 and 32 CFR part 2001. | |||
| 46:46:9.0.1.1.4.7.1.3 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | G | Subpart G—Information Security Program | § 503.53 Oversight Committee. | FMC | [49 FR 44401, Nov. 6, 1984, as amended at 64 FR 23548, May 3, 1999; 76 FR 10263, Feb. 24, 2011] | An Oversight Committee is established, under the chairmanship of the Senior Agency Official with the following responsibilities: (a) Establish a Commission security education program to familiarize all personnel who have or may have access to classified information with the provisions of Executive Order 13526 and directives of the Information Security Oversight Office. The program shall include initial, refresher, and termination briefings; (b) Establish controls to ensure that classified information is used, processed, stored, reproduced, and transmitted only under conditions that will provide adequate protection and prevent access by unauthorized persons; (c) Act on all suggestions and complaints concerning the Commission's information security program; (d) Recommend appropriate administrative action to correct abuse or violations of any provision of Executive Order 13526; and (e) Consider and decide other questions concerning classification and declassification that may be brought before it. | |||
| 46:46:9.0.1.1.4.7.1.4 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | G | Subpart G—Information Security Program | § 503.54 Original classification. | FMC | [49 FR 44401, Nov. 6, 1984, as amended at 64 FR 23548, May 3, 1999; 76 FR 10263, Feb. 24, 2011] | (a) No Commission Member or employee has the authority to originally classify information. (b) If a Commission Member or employee develops information that appears to require classification, or receives any foreign government information as defined in section 6.1(s) of Executive Order 13526, the Member or employee shall immediately notify the Senior Agency Official and appropriately protect the information. (c) If the Senior Agency Official believes the information warrants classification, it shall be sent to the appropriate agency with original classification authority over the subject matter, or to the Information Security Oversight Office, for review and a classification determination. (d) If there is reasonable doubt about the need to classify information, it shall be safeguarded as if it were classified pending a determination by an original classification authority. If there is reasonable doubt about the appropriate level of classification, it shall be safeguarded at the higher level of classification pending a determination by an original classification authority. | |||
| 46:46:9.0.1.1.4.7.1.5 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | G | Subpart G—Information Security Program | § 503.55 Derivative classification. | FMC | [64 FR 23548, May 3, 1999, as amended at 76 FR 10263, Feb. 24, 2011] | (a) In accordance with Part 2 of Executive Order 13526 and directives of the Information Security Oversight Office, the incorporation, paraphrasing, restating or generation in new form of information that is already classified, and the marking of newly developed material consistent with the classification markings that apply to the source information, is derivative classification. (1) Derivative classification includes the classification of information based on classification guidance. (2) The duplication or reproduction of existing classified information is not derivative classification. (b) Members or employees applying derivative classification markings shall: (1) Observe and respect original classification decisions; and (2) Carry forward to any newly created documents the pertinent classification markings. (3) For information derivatively classified based on multiple sources, the Member or employee shall carry forward: (i) The date or event for declassification that corresponds to the longest period of classification among the sources; and (ii) A listing of these sources on or attached to the official file or record copy. (c) Documents classified derivatively shall bear all markings prescribed by 32 CFR 2001.20 through 2001.23 and shall otherwise conform to the requirements of 32 CFR 2001.20 through 2001.23. (1) Classification authority. The authority for classification shall be shown as follows: (i) “Classified by (description of source documents or classification guide),” or (ii) “Classified by multiple sources,” if a document is classified on the basis of more than one source document or classification guide. (iii) In these cases, the derivative classifier shall maintain the identification of each source with the file or record copy of the derivatively classified document. A document derivatively classified on the basis of a source document that is marked “Classified by Multiple Sources” shall cite the source document in its “Classified by” line rather than the term “Multiple sources.” (2)… | |||
| 46:46:9.0.1.1.4.7.1.6 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | G | Subpart G—Information Security Program | § 503.56 General declassification and downgrading policy. | FMC | [49 FR 44401, Nov. 6, 1984, as amended at 64 FR 23548, May 3, 1999; 76 FR 10263, Feb. 24, 2011] | (a) The Commission exercises declassification and downgrading authority in accordance with section 3.1 of Executive Order 13526, only over that information originally classified by the Commission under previous Executive Orders. Declassification and downgrading authority may be exercised by the Commission Chairman and the Senior Agency Official, and such others as the Chairman may designate. Commission personnel may not declassify information originally classified by other agencies. (b) The Commission does not now have original classification authority nor does it have in its possession any documents that it originally classified when it had such authority. The Commission has authorized the Archivist of the United States to automatically declassify information originally classified by the Commission and under its exclusive and final declassification jurisdiction at the end of 20 years from the date of original classification. | |||
| 46:46:9.0.1.1.4.7.1.7 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | G | Subpart G—Information Security Program | § 503.57 Mandatory review for declassification. | FMC | [76 FR 10263, Feb. 24, 2011] | (a) Reviews and referrals in response to requests for mandatory declassification shall be conducted in compliance with section 3.5 of Executive Order 13526, 32 CFR 2001.33, and 32 CFR 2001.34. (b) Any individual may request a review of classified information and material in possession of the Commission for declassification. All information classified under Executive Order 13526 or a predecessor Order shall be subject to a review for declassification by the Commission, if: (1) The request describes the documents or material containing the information with sufficient specificity to enable the Commission to locate it with a reasonable amount of effort. Requests with insufficient description of the material will be returned to the requester for further information. (2) The information requested is not the subject of pending litigation. (3) The information requested has not been reviewed for declassification in the previous two years. If so, the FMC shall inform the requester of this fact and provide the requester with appeal rights in accordance with 32 CFR 2001.33(a)(2)(iii). (c) Requests shall be in writing, and shall be sent to: Office of the Managing Director, Attn.: Senior Agency Official, Federal Maritime Commission, Washington, DC 20573 or submitted via the FMC's on-line declassification information portal which provides an e-mail address through which requests can be submitted: http://www.http://www.fmc.gov/about/web_policies_notices_and_acts.aspx. (d) If the request requires the provision of services by the Commission, fair and equitable fees may be charged pursuant to 31 U.S.C. 9701. (e) Requests for mandatory declassification reviews shall be acknowledged by the Commission within 15 days of the date of receipt of such requests. (f) If the document was derivatively classified by the Commission or originally classified by another agency, the request, the document, and a recommendation for action shall be forwarded to the agency with the original classification authority. The Commission may, after co… | |||
| 46:46:9.0.1.1.4.7.1.8 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | G | Subpart G—Information Security Program | § 503.58 Appeals of denials of mandatory declassification review requests. | FMC | [76 FR 10264, Feb. 24, 2011] | (a) Within 60 days after the receipt of denial of a request for mandatory declassification review, the requester may submit an appeal in writing to the Chairman through the Secretary, Federal Maritime Commission, Washington, DC 20573. The appeal shall: (1) Identify the document in the same manner in which it was identified in the original request; (2) Indicate the dates of the request and denial, and the expressed basis for the denial; and (3) State briefly why the document should be declassified. (b) The Chairman shall rule on the appeal within 60 working days of receiving it. If additional time is required to make a determination, the Chairman shall notify the requester of the additional time needed and provide the requester with the reason for the extension. The Chairman shall notify the requester in writing of the final determination and the reasons for any denial. (c) In accordance with section 5.3 of Executive Order 13526 and 32 CFR 2001.33, within 60 days of such issuance, the requester may appeal a final determination of the Commission under paragraph (b) of this section to the Interagency Security Classification Appeals Panel. The appeal should be addressed to, Executive Secretary, Interagency Security Classification Appeals Panel, Attn: Classification Challenge Appeals, c/o Information Security Oversight Office, National Archives and Records Administration, 7th and Pennsylvania Avenue, NW., Room 5W, Washington, DC 20408. | |||
| 46:46:9.0.1.1.4.7.1.9 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | G | Subpart G—Information Security Program | § 503.59 Safeguarding classified information. | FMC | [49 FR 44401, Nov. 6, 1984; 49 FR 47395, Dec. 4, 1984, as amended at 64 FR 23548, May 3, 1999; 76 FR 10264, Feb. 24, 2011] | (a) All classified information shall be afforded a level of protection against unauthorized disclosure commensurate with its level of classification. (b) Whenever classified material is removed from a storage facility, such material shall not be left unattended and shall be protected by attaching an appropriate classified document cover sheet to each classified document. (c) Classified information being transmitted from one Commission office to another shall be protected with a classified document cover sheet and hand delivered by an appropriately cleared person to another appropriately cleared person. (d) Classified information shall be made available to a recipient only when the authorized holder of the classified information has determined that: (1) The prospective recipient has a valid security clearance at least commensurate with the level of classification of the information; and (2) The prospective recipient requires access to the information in order to perform or assist in a lawful and authorized governmental function. (e) The requirement in paragraph (d)(2) of this section, that access to classified information may be granted only to individuals who have a need-to-know the information, may be waived for persons who: (1) Are engaged in historical research projects, or (2) Previously have occupied policy-making positions to which they were appointed by the President. (f) Waivers under paragraph (e) of this section may be granted when the Commission Senior Agency Official: (1) Determines in writing that access is consistent with the interest of national security; (2) Takes appropriate steps to protect classified information from unauthorized disclosure or compromise, and ensures that the information is properly safeguarded; and (3) Limits the access granted to former presidential appointees to items that the person originated, reviewed, signed, or received while serving as a presidential appointee. (g) Persons seeking access to classified information in accordance with paragraphs (e) and (f) o… | |||
| 46:46:9.0.1.1.4.8.1.1 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | H | Subpart H—Access to Any Record of Identifiable Personal Information | § 503.60 Definitions. | FMC | [49 FR 44401, Nov. 6, 1984; 49 FR 47395, Dec. 4, 1984] | For the purpose of this subpart: (a) Agency means each authority of the government of the United States as defined in 5 U.S.C. 551(1) and shall include any executive department, military department, government corporation, government controlled corporation or other establishment in the executive branch of the government (including the Executive Office of the President), or any independent regulatory agency. (b) Commission means the Federal Maritime Commission. (c) Individual means a citizen of the United States or an alien lawfully admitted for permanent residence to whom a record pertains. (d) Maintain includes maintain, collect, use, or disseminate. (e) Person means any person not an individual and shall include, but is not limited to, corporations, associations, partnerships, trustees, receivers, personal representatives, and public or private organizations. (f) Record means any item, collection, or grouping of information about an individual that is maintained by the Federal Maritime Commission, including but not limited to a person's education, financial transactions, medical history, and criminal or employment history, and that contains the person's name, or the identifying number, symbol or other identifying particular assigned to the individual, such as a finger or voice print, or a photograph. (g) Routine use means [with respect to the disclosure of a record], the use of such records for a purpose which is compatible with the purpose for which it was collected. (h) Statistical record means a record in a system of records, maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, but shall not include matter pertaining to the Census as defined in 13 U.S.C. 8. (i) System of records means a group of any records under the control of the Commission from which information is retrieved by the name of the individual or by some identifying number, symbol or other identifying particular as… | |||
| 46:46:9.0.1.1.4.8.1.10 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | H | Subpart H—Access to Any Record of Identifiable Personal Information | § 503.69 Fees. | FMC | [49 FR 44401, Nov. 6, 1984, as amended at 59 FR 59171, Nov. 16, 1994; 81 FR 59144, Aug. 29, 2016; 88 FR 16898, March 21, 2023; 88 FR 41040, June 23, 2023] | (a) General. The following Commission services are available, with respect to requests made under the provisions of this subpart, for which fees will be charged as provided in paragraphs (b) and (c) of this section: (1) Copying records/documents. (2) Certification of copies of documents. (b) Fees for services. The fees set forth below provide for documents to be mailed with ordinary first-class postage prepaid. If a copy is to be transmitted by registered, certified, air, or special delivery mail, postage therefor will be added to the basic fee. Also, if special handling or packaging is required, costs thereof will be added to the basic fee. (1) The copying of records and documents will be available at the rate of ten cents per page (one side), limited to size 8 1/4 ″ x 14″ or smaller. (2) The certification and validation (with Federal Maritime Commission seal) of documents filed with or issued by the Commission will be available at $107 for each certification. (c) Payment of fees and charges. The fees charged for special services may be paid by check, draft, or postal money order, payable to the Federal Maritime Commission. | |||
| 46:46:9.0.1.1.4.8.1.2 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | H | Subpart H—Access to Any Record of Identifiable Personal Information | § 503.61 Conditions of disclosure. | FMC | [49 FR 44401, Nov. 6, 1984; 49 FR 47395, Dec. 4, 1984] | (a) Subject to the conditions of paragraphs (b) and (c) of this section, the Commission shall not disclose any record which is contained in a system of records, by any means of communication, to any person or other agency who is not an individual to whom the record pertains. (b) Upon written request or with prior written consent of the individual to whom the record pertains, the Commission may disclose any such record to any person or other agency. (c) In the absence of a written consent from the individual to whom the record pertains, the Commission may disclose any such record, provided such disclosure is: (1) To those officers and employees of the Commission who have a need for the record in the performance of their duties; (2) Required under the Freedom of Information Act (5 U.S.C 552); (3) For a routine use; (4) To the Bureau of Census for purposes of planning or carrying out a census or survey or related activity under the provisions of title 13 U.S.C.; (5) To a recipient who has provided the Commission with adequate advance written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable; (6) To the National Archives of the United States, as a record which has sufficient historical or other value to warrant its continued preservation by the United States government, or for evaluation by the Administrator of General Services or his designee to determine whether the record has such value;— (7) To another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity authorized by law, provided the head of the agency or instrumentality has made a prior written request to the Secretary of the Commission specifying the particular record and the law enforcement activity for which it is sought; (8) To either House of Congress, and to the extent of a matter within its jurisdiction, any co… | |||
| 46:46:9.0.1.1.4.8.1.3 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | H | Subpart H—Access to Any Record of Identifiable Personal Information | § 503.62 Accounting of disclosures. | FMC | (a) The Secretary shall make an accounting of each disclosure of any record contained in a system of records in accordance with 5 U.S.C. 552a(c)(1) and 552a(c)(2). (b) Except for a disclosure made under § 503.61(c)(7), the Secretary shall make the accounting described in paragraph (a) of this section available to any individual upon written request made in accordance with § 503.63(b) or § 503.63(c). (c) The Secretary shall make reasonable efforts to notify the individual when any record which pertains to such individual is disclosed to any person under compulsory legal process, when such process becomes a matter of public record. | ||||
| 46:46:9.0.1.1.4.8.1.4 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | H | Subpart H—Access to Any Record of Identifiable Personal Information | § 503.63 Request for information. | FMC | [49 FR 44401, Nov. 6, 1984; 49 FR 47395, Dec. 4, 1984, as amended at 63 FR 50535, Sept. 22, 1998] | (a) Upon request, in person or by mail, made in accordance with the provisions of paragraph (b) or (c) of this section, any individual shall be informed whether or not any Commission system of records contains a record pertaining to him or her. (b) Any individual requesting such information in person shall personally appear at the Office of the Secretary, Federal Maritime Commission, 800 North Capitol Street, NW, Washington, DC 20573 and shall: (1) Provide information sufficient, in the opinion of the Secretary, to identify the record, e.g., the individual's own name, date of birth, place of birth, etc.; (2) Provide identification acceptable to the Secretary to verify the individual's identity, e.g., driver's license, employee identification card or medicare card; (3) Complete and sign the appropriate form provided by the Secretary. (c) Any individual requesting such information by mail shall address such request to the Secretary, Federal Maritime Commission, 800 North Capitol Street, NW, Washington, DC 20573 and shall include in such request the following: (1) Information sufficient in the opinion of the Secretary to identify the record, e.g., the individual's own name, date of birth, place of birth, etc.; (2) A signed notarized statement to verify his or her identity. | |||
| 46:46:9.0.1.1.4.8.1.5 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | H | Subpart H—Access to Any Record of Identifiable Personal Information | § 503.64 Commission procedure on request for information. | FMC | Upon request for information made in accordance with § 503.63, the Secretary or his or her delegate shall, within 10 days (excluding Saturdays, Sundays, and legal public holidays), furnish in writing to the requesting party notice of the existence or nonexistence of any records described in such request. | ||||
| 46:46:9.0.1.1.4.8.1.6 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | H | Subpart H—Access to Any Record of Identifiable Personal Information | § 503.65 Request for access to records. | FMC | [49 FR 44401, Nov. 6, 1984; 49 FR 47395, Dec. 4, 1984, as amended at 63 FR 50535, Sept. 22, 1998] | (a) General. Upon request by any individual made in accordance with the procedures set forth in paragraph (b) of this section, such individual shall be granted access to any record pertaining to him or her which is contained in a Commission system of records. However, nothing in this section shall allow an individual access to any information compiled by the Commission in reasonable anticipation of a civil or criminal action or proceeding. (b) Procedures for requests for access to records. Any individual may request access to a record pertaining to him or her in person or by mail in accordance with paragraphs (b) (1) and (2) of this section: (1) Any individual making such request in person shall do so at the Office of the Secretary, Federal Maritime Commission, 800 North Capitol Street, NW, Washington, DC 20573 and shall: (i) Provide identification acceptable to the Secretary to verify the individual's identity, e.g., driver's license, employee identification card, or medicare card; and (ii) Complete and sign the appropriate form provided by the Secretary. (2) Any individual making a request for access to records by mail shall address such request to the Secretary, Federal Maritime Commission, 800 North Capitol Street, NW, Washington, DC 20573 and shall include therein a signed, notarized statement to verify his or her identity. (3) Any individual requesting access to records under this section in person may be accompanied by a person of his or her own choosing, while reviewing the record requested. If an individual elects to be so accompanied, he or she shall notify the Secretary of such election in the request and shall provide a written statement authorizing disclosure of the record in the presence of the accompanying person. Failure to so notify the Secretary in a request for access shall be deemed to be a decision by the individual not to be accompanied. (c) Commission determination of requests for access. (1) Upon request made in accordance with this section, the Secretary or his or her delegat… | |||
| 46:46:9.0.1.1.4.8.1.7 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | H | Subpart H—Access to Any Record of Identifiable Personal Information | § 503.66 Amendment of a record. | FMC | [49 FR 44401, Nov. 6, 1984; 49 FR 47395, Dec. 4, 1984] | (a) General. Any individual may request amendment of a record pertaining to him or her according to the procedure in paragraph (b) of this section. (b) Procedures for requesting amendment of a record. After inspection of a record pertaining to him or her, an individual may file with the Secretary a request, in person or by mail, for amendment of a record. Such request shall specify the particular portions of the record to be amended, the desired amendments and the reasons therefor. (c) Commission procedures on request for amendment of a record. (1) Not later than ten (10) days (excluding Saturdays, Sundays, and legal public holidays) after the date of receipt of a request made in accordance with this section to amend a record in whole or in part, the Secretary or his or her delegate shall: (i) Make any correction of any portion of the record which the individual believes is not accurate, relevant, timely or complete and thereafter inform the individual of such correction; or (ii) Inform the individual, by certified mail, return receipt requested, of refusal to amend the record, setting out the reasons therefor, and notify the individual of his or her right to appeal that determination to the Chairman of the Commission under § 503.67. (2) The Secretary shall inform any person or other agency to whom a record has been disclosed of any correction or notation of dispute made by the Secretary with respect to such records, in accordance with 5 U.S.C. 552a(c)(4) referring to amendment of a record, if an accounting of such disclosure has been made. | |||
| 46:46:9.0.1.1.4.8.1.8 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | H | Subpart H—Access to Any Record of Identifiable Personal Information | § 503.67 Appeals from denial of request for amendment of a record. | FMC | [49 FR 44401, Nov. 6, 1984, as amended at 63 FR 50536, Sept. 22, 1998] | (a) General. An individual whose request for amendment of a record pertaining to him or her is denied, may further request a review of such determination in accordance with paragraph (b) of this section. (b) Procedure for appeal. Not later than thirty (30) days (excluding Saturdays, Sundays, and legal public holidays) following receipt of notification of refusal to amend, an individual may file an appeal to amend the record. Such appeal shall: (1) Be addressed to the Chairman, Federal Maritime Commission, 800 North Capitol Street, NW, Washington, DC 20573; and (2) Specify the reasons for which the refusal to amend is challenged. (c) Commission procedure on appeal. (1) Upon appeal from a denial to amend a record, the Chairman of the Commission or the officer designated by the Chairman to act in his or her absence, shall make a determination whether or not to amend the record and shall notify the individual of that determination by certified mail, return receipt requested, not later than thirty (30) days (excluding Saturdays, Sundays and legal public holidays) after receipt of such appeal, unless extended pursuant to paragraph (d) of this section. (2) The Chairman shall also notify the individual of the provisions of 5 U.S.C. 552a(g)(1)(A) regarding judicial review of the Chairman's determination. (3) If, on appeal, the refusal to amend the record is upheld, the Commission shall permit the individual to file a statement setting forth the reasons for disagreement with the Commission's determination. (d) The Chairman, or his or her delegate in his or her absence, may extend up to thirty (30) days the time period prescribed in paragraph (c)(1) of this section within which to make a determination on an appeal from refusal to amend a record for the reasons that a fair and equitable review cannot be completed within the prescribed time period. | |||
| 46:46:9.0.1.1.4.8.1.9 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | H | Subpart H—Access to Any Record of Identifiable Personal Information | § 503.68 Exemptions. | FMC | [59 FR 15636, Apr. 4, 1994] | (a) The system of records designated FMC-25 Inspector General File is exempt from the provisions of 5 U.S.C. 552a except subsections (b), (c) (1) and (2), (e)(4) (A) through (F), (e) (6), (7), (9), (10), and (11) and (i) to the extent it contains information meeting the criteria of 5 U.S.C. 552a(j)(2) pertaining to the enforcement of criminal laws. Exemption is appropriate to avoid compromise of ongoing investigations, disclosure of the identity of confidential sources and unwarranted invasions of personal privacy of third parties. (b) The following systems of records are exempt from the provisions of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4) (G), (H) and (I) and (f), which otherwise require the Commission, among other things, to provide the individual named in the records an accounting of disclosures and access to and opportunity to amend the records. The scope of the exemptions and the reasons therefor are described for each particular system of records. (1) FMC-1 Personnel Security File. All information about individuals that meets the criteria of 5 U.S.C. 552a(k)(5), regarding suitability, eligibility or qualifications for Federal civilian employment or for access to classified information, to the extent that disclosure would reveal the identity of a source who furnished information to the Commission under a promise of confidentiality. Exemption is required to honor promises of confidentiality. (2) FMC-7 Licensed Ocean Freight Forwarders File. All information that meets the criteria of 5 U.S.C. 552a(k)(2) regarding investigatory materials compiled for law enforcement purposes. Exemption is appropriate to avoid compromise of ongoing investigations, disclosure of the identity of confidential sources and unwarranted invasions of personal privacy of third parties. (3) FMC-22 Investigatory Files. All information that meets the criteria of 5 U.S.C. 552a(k)(2) regarding investigatory material compiled for law enforcement purposes. Exemption is appropriate to avoid compromise of ongoing investigations, discl… | |||
| 46:46:9.0.1.1.4.9.1.1 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | I | Subpart I—Public Observation of Federal Maritime Commission Meetings and Public Access to Information Pertaining to Commission Meetings | § 503.70 Policy. | FMC | It is the policy of the Federal Maritime Commission, under the Provisions of the “Government in the Sunshine Act” (5 U.S.C. 552b, Sept. 13, 1976) to entitle the public to the fullest practicable information regarding the decisional processes of the Commission. The provisions of this subpart set forth the procedural requirements designed to provide the public with such information while continuing to protect the rights of individuals and to maintain the capabilities of the Commission in carrying out its responsibilities under the shipping statutes administered by this Commission. | ||||
| 46:46:9.0.1.1.4.9.1.10 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | I | Subpart I—Public Observation of Federal Maritime Commission Meetings and Public Access to Information Pertaining to Commission Meetings | § 503.79 Exceptions—information pertaining to meeting. | FMC | [49 FR 44401, Nov. 6, 1984; 49 FR 47395, Dec. 4, 1984] | Except in a case where the agency finds that the public interest requires otherwise, information pertaining to a portion or portions of a meeting or portion or portions of a series of meetings need not be disclosed by the agency if the agency determines, under the provisions of §§ 503.80 and 503.81 that disclosure of that information is likely to disclose matters which are: (a) Specifically authorized under criteria established by an Executive order to be kept secret in the interests of national defense or foreign policy and in fact properly classified pursuant to such Executive order; (b) Related solely to the internal personnel rules and practices of an agency; (c) Specifically exempted from disclosure by any statute other than 5 U.S.C. 552 (FOIA), provided that such statute (1) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (2) establishes particular criteria for withholding or refers to particular types of matters to be withheld; (d) Trade secrets and commercial or financial information, obtained from a person and privileged or confidential; (e) Involved with accusing any person of a crime, or formally censuring any person; (f) Of a personal nature, where disclosure would constitute a clearly unwarranted invasion of personal privacy; (g) Investigatory records compiled for law enforcement purposes, or information which if written would be contained in such records, but only to the extent that the production of such record or information would (1) Interfere with enforcement proceedings, (2) Deprive a person of a right to a fair trial or an impartial adjudication, (3) Constitute an unwarranted invasion of personal privacy, (4) Disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential sour… | |||
| 46:46:9.0.1.1.4.9.1.11 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | I | Subpart I—Public Observation of Federal Maritime Commission Meetings and Public Access to Information Pertaining to Commission Meetings | § 503.80 Procedures for withholding information pertaining to meeting. | FMC | [49 FR 44401, Nov. 6, 1984; 49 FR 47395, Dec. 4, 1984] | (a) Any member of the agency, or the General Counsel of the agency may request that information pertaining to a portion or portions of a meeting or to a portion or portions of a series of meetings be withheld from public disclosure for any of the reasons set forth in § 503.79 by submitting such request in writing to the Secretary not later than two (2) weeks prior to the commencement of the first meeting in a series of meetings. (b) Upon receipt of any request made under paragraph (a) of this section, the Secretary shall schedule a time at which the members of the agency shall vote upon the request, which vote shall take place not later than eight (8) days prior to the scheduled meeting of the agency. (c) At the time scheduled by the Secretary in paragraph (b) of this section, the Members of the agency, upon consideration of the request submitted under paragraph (a) of this section, shall vote upon that request. That vote shall determine whether or not information pertaining to a meeting may be withheld from public disclosure for any of the reasons provided in § 503.79, and whether or not the public interest requires that the information be disclosed notwithstanding the applicability of the reasons provided in § 503.79 permitting the withholding from public disclosure of the information pertaining to a meeting. (d) In the case of a vote on a request under this section to withhold from public disclosure information pertaining to a portion or portions of a meeting, no such information shall be withheld from public disclosure unless, by a vote on the issues described in paragraph (c) of this section, a majority of the entire membership of the agency shall vote to withhold such information by recorded vote. (e) In the case of a vote on a request under this section to withhold information pertaining to a portion or portions of a series of meetings, no such information shall be withheld unless, by a vote on the issues described in paragraph (c) of this section, a majority of the entire membership of the agency shal… | |||
| 46:46:9.0.1.1.4.9.1.12 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | I | Subpart I—Public Observation of Federal Maritime Commission Meetings and Public Access to Information Pertaining to Commission Meetings | § 503.81 Effect of vote to withhold information pertaining to meeting. | FMC | [49 FR 44401, Nov. 6, 1984; 49 FR 47395, Dec. 4, 1984] | (a) Where the agency votes as provided in § 503.80 to withhold from public disclosure information pertaining to a portion or portions of a meeting or portion or portions of a series of meetings, such information shall be excepted from the requirements of §§ 503.78, 503.82 and 503.83. (b) Where the agency votes as provided in § 503.80 to permit public disclosure of information pertaining to a portion of portions of a meeting or portion or portions of a series of meetings, such information shall be disclosed to the public as required by §§ 503.78, 503.82 and 503.83. (c) Not later than the day following the date on which a vote is taken under § 503.80, by which the information pertaining to a meeting is determined to be disclosed, the Secretary shall make available to the public a written copy of such vote reflecting the vote of each member of the agency on the question. | |||
| 46:46:9.0.1.1.4.9.1.13 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | I | Subpart I—Public Observation of Federal Maritime Commission Meetings and Public Access to Information Pertaining to Commission Meetings | § 503.82 Public announcement of agency meeting. | FMC | [49 FR 44401, Nov. 6, 1984, as amended at 52 FR 27002, July 17, 1987] | (a) Except as provided in §§ 503.80 and 503.81 regarding a determination to withhold from public disclosure any information pertaining to a portion or portions of a meeting or portion or portions of a series of meetings, or as otherwise provided in paragraph (c) of this section, the Secretary of the agency shall make public announcement of each meeting of the agency. (b) Except as otherwise provided in this section, public announcement of each meeting of the agency shall be accomplished not later than one week prior to commencement of a meeting or the commencement of the first meeting in a series of meetings, and shall disclose: (1) The time of the meeting; (2) The place of the meeting; (3) The subject matter of each portion of each meeting or series of meetings; (4) Whether any portion or portions of a meeting or portion or portions of any series of meetings shall be open or closed to public observation; and (5) The name and telephone number of the Secretary of the agency who shall respond to requests for information about a meeting. (c) The announcement described in paragraphs (a) and (b) of this section may be accomplished less than one week prior to the commencement of any meeting or series of meetings, provided the agency determines by recorded vote that the agency business requires that any such meeting or series of meetings be held at an earlier date. In the event of such a determination by the agency, public announcement as described in paragraph (b) of this section shall be accomplished at the earliest practicable time. (d) Immediately following any public announcement accomplished under the provisions of this section, the Secretary of the agency shall submit a notice for publication in the Federal Register disclosing: (1) The time of the meeting; (2) The place of the meeting; (3) The subject matter of each portion of each meeting or series of meetings; (4) Whether any portion or portions of a meeting or portion or portions of any series of meetings is open or closed to public observation; … | |||
| 46:46:9.0.1.1.4.9.1.14 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | I | Subpart I—Public Observation of Federal Maritime Commission Meetings and Public Access to Information Pertaining to Commission Meetings | § 503.83 Public announcement of changes in meeting. | FMC | (a) Except as provided in §§ 503.80 and 503.81, under the provisions of paragraphs (b) and (c) of this section, the time or place of a meeting or series of meetings may be changed by the agency following accomplishment of the announcement and notice required by § 503.82, provided the Secretary of the agency shall publicly announce such change at the earliest practicable time. (b) The subject matter of a portion or portions of a meeting or a portion or portions of a series of meetings, the time and place of such meeting, and the determination that the portion or portions of a series of meetings shall be open or closed to public observation may be changed following accomplishment of the announcement required by § 503.82, provided: (1) The agency, by recorded vote of the majority of the entire membership of the agency, determines that agency business so requires and that no earlier announcement of the change was possible; and (2) The Secretary of the agency publicly announces, at the earliest practicable time, the change made and the vote of each member upon such change. (c) Immediately following any public announcement of any change accomplished under the provisions of this section, the Secretary of the agency shall submit a notice for publication in the Federal Register disclosing: (1) The time of the meeting; (2) The place of the meeting; (3) The subject matter of each portion of each meeting or series of meetings; (4) Whether any portion or portions of any meeting or any portion or portions of any series of meetings is open or closed to public observation; (5) Any change in paragraphs (c) (1), (c) (2), (c) (3), or (c) (4) of this section; and (6) The name and telephone number of the Secretary of the agency who shall respond to requests for information about any meeting. | ||||
| 46:46:9.0.1.1.4.9.1.15 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | I | Subpart I—Public Observation of Federal Maritime Commission Meetings and Public Access to Information Pertaining to Commission Meetings | § 503.84 Nonpublic Collaborative Discussions. | FMC | [85 FR 9682, Feb. 20, 2020] | (a) General. Notwithstanding § 503.72, a majority of the Commissioners may hold a meeting that is not open to public observation to discuss official agency business if: (1) No formal or informal vote or other official agency action is taken at the meeting; (2) Each individual present at the meeting is a Commissioner or an employee of the Commission; (3) At least one (1) Commissioner from each political party is present at the meeting, if there are sitting Commissioners from more than one party; and (4) The General Counsel of the Commission is present at the meeting. (b) Disclosure of nonpublic collaborative discussions. Except as provided under paragraph (c) of this section, not later than two (2) business days after the conclusion of a meeting under paragraph (a) of this section, the Commission shall make available to the public, in a place easily accessible to the public: (1) A list of the individuals present at the meeting; and (2) A summary of the matters discussed at the meeting, except for any matters the Commission properly determines may be withheld from the public under § 503.73. (c) Exception. If the Commission properly determines matters may be withheld from the public under § 503.73, the Commission shall provide a summary with as much general information as possible on those matters withheld from the public. (d) Ongoing proceedings. If a meeting under paragraph (a) of this section directly relates to an ongoing proceeding before the Commission, the Commission shall make the disclosure under paragraph (b) of this section on the date of the final Commission decision. | |||
| 46:46:9.0.1.1.4.9.1.16 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | I | Subpart I—Public Observation of Federal Maritime Commission Meetings and Public Access to Information Pertaining to Commission Meetings | § 503.85 Agency recordkeeping requirements. | FMC | [49 FR 44401, Nov. 6, 1984; 49 FR 47395, Dec. 4, 1984, as amended at 85 FR 9682, Feb. 20, 2020] | (a) In the case of any portion or portions of a meeting or portion or portions of a series of meetings determined by the agency to be closed to public observation under the provisions of §§ 502.73 through 503.75, the following records shall be maintained by the Secretary of the agency: (1) The certification of the General Counsel of the agency required by § 503.77; (2) A statement from the officer presiding over the portion or portions of the meeting or portion or portions of a series of meetings setting forth the time and place of the portion or portions of the meeting or portion or portions of the series of meetings, the persons present at those times; and (3) Except as provided in paragraph (b) of this section, a complete transcript or electronic recording fully recording the proceedings at each portion of each meeting closed to public observation. (b) In case the agency determines to close to public observation any portion or portions of any meeting or portion or portions of any series of meetings because public observation of such portion or portions of any meeting is likely to specifically concern the agency's issuance of a subpena, or the agency's participation in a civil action or proceeding, an action in a foreign court or international tribunal, or an arbitration, or the initiation, conduct, or disposition by the agency of a particular case of formal agency adjudication pursuant to the procedures in 5 U.S.C. 554 or otherwise involving a determination on the record after opportunity for a hearing, the agency may maintain a set of minutes in lieu of the transcript or recording described in paragraph (a)(3) of this section. Such minutes shall contain: (1) A full and clear description of all matters discussed in the closed portion of any meeting; (2) A full and accurate summary of any action taken on any matter discussed in the closed portion of any meeting and the reasons therefor; (3) A description of each of the views expressed on any matter upon which action was taken as described in paragraph (b… | |||
| 46:46:9.0.1.1.4.9.1.17 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | I | Subpart I—Public Observation of Federal Maritime Commission Meetings and Public Access to Information Pertaining to Commission Meetings | § 503.86 Public access to records. | FMC | [49 FR 44401, Nov. 6, 1984, as amended at 64 FR 23549, May 3, 1999] | (a) All transcripts, electronic recordings or minutes required to be maintained by the agency under the provisions of §§ 503.85(a)(3) and 503.85(b) shall be promptly made available to the public by the Secretary of the agency, except for any item of discussion or testimony of any witnesses which the agency determines to contain information which may be withheld from public disclosure because its disclosure is likely to disclose matters which are: (1)(i) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (ii) in fact properly classified pursuant to such Executive order; (2) Related solely to the internal personnel rules and practices of an agency; (3) Specifically exempted from disclosure by any statute other than 5 U.S.C. 552 (FOIA), provided that such statute (i) Requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (ii) Establishes particular criteria for withholding or refers to particular types of matters to be withheld; (4) Trade secrets and commercial or financial information obtained from a person and privileged or confidential; (5) Involved with accusing any person of a crime, or formally censuring any person; (6) Of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (7) Investigatory records compiled for law enforcement purposes, or information which, if written, would be contained in such records, but only to the extent that the production of such records or information would (i) Interfere with enforcement proceedings, (ii) Deprive a person of a right to a fair trial or an impartial adjudication, (iii) Constitute an unwarranted invasion of personal privacy, (iv) Disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security int… | |||
| 46:46:9.0.1.1.4.9.1.18 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | I | Subpart I—Public Observation of Federal Maritime Commission Meetings and Public Access to Information Pertaining to Commission Meetings | § 503.87 Effect of provisions of this subpart on other subparts. | FMC | [49 FR 44401, Nov. 6, 1984; 49 FR 47395, Dec. 4, 1984, as amended at 80 FR 52641, Sept. 1, 2015] | (a) Nothing in this subpart shall limit or expand the ability of any person to seek access to agency records under subpart D (§§ 503.31 to 503.36) of this part except that the exceptions of § 503.86 shall govern requests to copy or inspect any portion of any transcript, electronic recordings or minutes required to be kept under this subpart. (b) Nothing in this subpart shall permit the withholding from any individual to whom a record pertains any record required by this subpart to be maintained by the agency which record is otherwise available to such an individual under the provisions of subpart H of this part. | |||
| 46:46:9.0.1.1.4.9.1.2 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | I | Subpart I—Public Observation of Federal Maritime Commission Meetings and Public Access to Information Pertaining to Commission Meetings | § 503.71 Definitions. | FMC | [49 FR 44401, Nov. 6, 1984, as amended at 64 FR 23549, May 3, 1999] | The following definitions apply for purposes of this subpart: (a) Agency means the Federal Maritime Commission; (b) Information pertaining to a meeting means, but is not limited to the following: the record of any agency vote taken under the provisions of this subpart, and the record of the vote of each member; a full written explanation of any agency action to close any portion of any meeting under this subpart; lists of persons expected to attend any meeting of the agency and their affiliation; public announcement by the agency under this subpart of the time, place, and subject matter of any meeting or portion of any meeting; announcement of whether any meeting or portion of any meeting shall be open to public observation or be closed; any announcement of any change regarding any meeting or portion of any meeting; and the name and telephone number of the Secretary of the agency who shall be designated by the agency to respond to requests for information concerning any meeting or portion of any meeting; (c) Meeting means the deliberations of a majority of the members serving on the agency which determine or result in the joint conduct of or disposition of official agency business, but does not include: (1) Individual member's consideration of official agency business circulated to the members in writing for disposition on notation; (2) Deliberations by the agency in determining whether or not to close a portion or portions of a meeting or series of meetings as provided in §§ 503.74 and 503.75; (3) Deliberations by the agency in determining whether or not to withhold from disclosure information pertaining to a portion or portions of a meeting or series of meetings as provided in § 503.80; or (4) Deliberations pertaining to any change in any meeting or to changes in the public announcement of such a meeting as provided in § 503.83; (d) Member means each individual Commissioner of the agency; (e) Person means any individual, partnership, corporation, association, or public or private organization… | |||
| 46:46:9.0.1.1.4.9.1.3 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | I | Subpart I—Public Observation of Federal Maritime Commission Meetings and Public Access to Information Pertaining to Commission Meetings | § 503.72 General rule—meetings. | FMC | [49 FR 44401, Nov. 6, 1984, as amended at 85 FR 9682, Feb. 20, 2020] | (a) Except as otherwise provided in §§ 503.73, 503.74, 503.75, 503.76, and 503.84, every portion of every meeting and every portion of a series of meetings of the agency shall be open to public observation. (b) The opening of a portion or portions of a meeting or a portion or portions of a series of meetings to public observation shall not be construed to include any participation by the public in any manner in the meeting. Such an attempted participation or participation shall be cause for removal of any person so engaged at the discretion of the presiding member of the agency. | |||
| 46:46:9.0.1.1.4.9.1.4 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | I | Subpart I—Public Observation of Federal Maritime Commission Meetings and Public Access to Information Pertaining to Commission Meetings | § 503.73 Exceptions—meetings. | FMC | [49 FR 44401, Nov. 6, 1984; 49 FR 47395, Dec. 4, 1984] | Except in a case where the agency finds that the public interest requires otherwise, the provisions of § 503.72(a) shall not apply to any portion or portions of an agency meeting or portion or portions of a series of meetings where the agency determined under the provisions of § 503.74 or § 503.75 that such portion or portions of such meeting or series of meetings is likely to: (a) Disclose matters that are (1) specifically authorized under criteria established by an Executive order to be kept secret in the interests of national defense or foreign policy and (2) in fact properly classified pursuant to such Executive order; (b) Relate solely to the internal personnel rules and practices of any agency; (c) Disclose matters specifically exempted from disclosure by any statute other than 5 U.S.C. 552 (FOIA), provided that such statute (1) requires that the matter be withheld from the public in such a manner as to leave no discretion on the issue, or (2) establishes particular criteria for withholding or refers to particular types of matters to be withheld; (d) Disclose trade secrets and commercial or financial information obtained from a person and privileged or confidential; (e) Involve accusing any person of a crime, or formally censuring any person; (f) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (g) Disclose investigatory records compiled for law enforcement purposes, or information which, if written, would be contained in such records, but only to the extent that the production of such records or information would (1) Interfere with enforcement proceedings, (2) Deprive a person of a right to a fair trial or an impartial adjudication, (3) Constitute an unwarranted invasion of personal privacy, (4) Disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security inte… | |||
| 46:46:9.0.1.1.4.9.1.5 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | I | Subpart I—Public Observation of Federal Maritime Commission Meetings and Public Access to Information Pertaining to Commission Meetings | § 503.74 Procedures for closing a portion or portions of a meeting or a portion or portions of a series of meetings on agency initiated requests. | FMC | [49 FR 44401, Nov. 6, 1984, as amended at 55 FR 38330, Sept. 18, 1990] | (a) Any member of the agency, the Managing Director or the General Counsel of the agency may request that any portion or portions of a series of meetings be closed to public observation for any of the reasons provided in § 503.73 by submitting such request in writing to the Secretary of the agency in sufficient time to allow the Secretary to schedule a timely vote on the request pursuant to paragraph (b) of this section. (b) Upon receipt of any request made under paragraph (a) of this section, the Secretary of the agency shall schedule a time at which the members of the agency shall vote upon the request, which vote shall take place not later then eight (8) days prior to the scheduled meeting of the agency. (c) At the time the Secretary schedules a time for an agency vote as described in paragraph (b) of this section, he or she shall forward the request to the General Counsel of the agency who shall act upon such request as provided in § 503.77. (d) At the time schedule d by the Secretary as provided in paragraph (b) of this section, the members of the agency, upon consideration of the request submitted under paragraph (a) of this section and consideration of the certified opinion of the General Counsel of the agency provided to the members under § 503.77, shall vote upon that request. That vote shall determine whether or not any portion or portions of a meeting may be closed to public observation for any of the reasons provided in § 503.73, and whether or not the public interest requires that the portion or portions of the meeting or meetings remain open, notwithstanding the applicability of any of the reasons provided in § 503.73 permitting the closing of any meeting to public observation. (e) In the case of a vote on a request under this section to close to public observation a portion or portions of a meeting, no such portion or portions of any meeting may be closed unless, by a vote on the issues described in paragraph (d) of this section, a majority of the entire membership of the agency shall vote to c… | |||
| 46:46:9.0.1.1.4.9.1.6 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | I | Subpart I—Public Observation of Federal Maritime Commission Meetings and Public Access to Information Pertaining to Commission Meetings | § 503.75 Procedures for closing a portion of a meeting on request initiated by an interested person. | FMC | [49 FR 44401, Nov. 6, 1984; 49 FR 47395, Dec. 4, 1984] | (a) Any person as defined in § 503.71, whose interests may be directly affected by a portion of a meeting of the agency, may request that the agency close that portion of a meeting for the reason that matters in deliberation at that portion of the meeting are such that public disclosure of that portion of a meeting is likely to: (1) Involve accusing any person of a crime, or formally censuring any person; (2) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; or (3) Disclose investigatory records compiled for law enforcement purposes, or information which if written would be contained in such records, but only to the extent that the production of such records or information would: (i) Interfere with enforcement proceedings; (ii) Deprive a person of a right to a fair trial or an impartial adjudication; (iii) Constitute an unwarranted invasion of personal privacy; (iv) Disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source; (v) Disclose investigative techniques and procedures; or (vi) Endanger the life or physical safety of law enforcement personnel. (b) Any person described in paragraph (a) of this section who submits a request that a portion of a meeting be closed shall submit an original and 15 copies of that request to the Secretary, Federal Maritime Commission, Washington, DC 20573, and shall state with particularity that portion of a meeting sought to be closed and the reasons therefor as described in paragraph (a) of this section. (c) Upon receipt of any request made under paragraphs (a) and (b) of this section, the Secretary of the agency shall: (1) Furnish a copy of the request to each member of the agency; and (2) Furnish a copy of the request to the General C… | |||
| 46:46:9.0.1.1.4.9.1.7 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | I | Subpart I—Public Observation of Federal Maritime Commission Meetings and Public Access to Information Pertaining to Commission Meetings | § 503.76 Effect of vote to close a portion or portions of a meeting or series of meetings. | FMC | (a) Where the agency votes as provided in § 503.74 or § 503.75, to close to public observation a portion or portions of a meeting or a portion or portions of a series of meetings, the portion or portions of a meeting or the portion or portions of a series of meetings shall be closed. (b) Except as otherwise provided in §§ 503.80, 503.81 and 503.82, not later than the day following the day on which a vote is taken under § 503.74 or § 503.75, by which it is determined to close a portion or portions of a meeting or a portion or portions of a series of meetings to public observation, the Secretary shall make available to the public: (1) A written copy of the recorded vote reflecting the vote of each member of the agency; (2) A full written explanation of the agency action closing that portion or those portions to public observation; and (3) A list of the names and affiliations of all persons expected to attend the portion or portions of the meeting or the portion or portions of a series of meetings. (c) Except as otherwise provided in §§ 503.80, 503.81 and 503.82, not later than the day following the day on which a vote is taken under § 503.74, or § 503.75, by which it is determined that the portion or portions of a meeting or the portion or portions of a series of meetings shall remain open to public observation, the Secretary shall make available to the public a written copy of the recorded vote reflecting the vote of each member of the agency. | ||||
| 46:46:9.0.1.1.4.9.1.8 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | I | Subpart I—Public Observation of Federal Maritime Commission Meetings and Public Access to Information Pertaining to Commission Meetings | § 503.77 Responsibilities of the General Counsel of the agency upon a request to close any portion of any meeting. | FMC | (a) Upon any request that the agency close a portion or portions of any meeting or any portion or portions of any series of meetings under the provisions of §§ 503.74 and 503.75, the General Counsel of the agency shall certify in writing to the agency, prior to an agency vote on that request, whether or not in his or her opinion the closing of any such portion or portions of a meeting or portion or portions of a series of meetings is proper under the provisions of this subpart and the terms of the Government in the Sunshine Act (5 U.S.C. 552b). If, in the opinion of the General Counsel, the closing of a portion or portions of a meeting or portion or portions of a series of meetings is proper under the provisions of this subpart and the terms of the Government in the Sunshine Act (5 U.S.C. 552b), his or her certification of that opinion shall cite each applicable, particular, exemptive provision of that Act and provision of this subpart. (b) A copy of the certification of the General Counsel as described in paragraph (a) of this section, together with a statement of the officer presiding over the portion or portions of any meeting or the portion or portions of a series of meetings setting forth the time and place of the relevant meeting or meetings, and the persons present, shall be maintained by the Secretary for public inspection. | ||||
| 46:46:9.0.1.1.4.9.1.9 | 46 | Shipping | IV | A | 503 | PART 503—PUBLIC INFORMATION | I | Subpart I—Public Observation of Federal Maritime Commission Meetings and Public Access to Information Pertaining to Commission Meetings | § 503.78 General rule—information pertaining to meeting. | FMC | [49 FR 44401, Nov. 6, 1984, as amended at 85 FR 9682, Feb. 20, 2020] | (a) As defined in § 503.71, all information pertaining to a portion or portions of a meeting or portion or portions of a series of meetings of the agency shall be disclosed to the public unless excepted from such disclosure under §§ 503.79 through 503.81 or § 503.84. (b) All inquiries as to the status of pending matters which were considered by the Commission in closed session should be directed to the Secretary of the Commission. Commission personnel who attend closed meetings of the Commission are prohibited from disclosing anything that occurs during those meetings. An employee's failure to respect the confidentiality of closed meetings constitutes a violation of Commission's General Standards of Conduct. The Commission can, of course, determine to make public the events or decisions occurring in a closed meeting, such information to be disseminated by the Office of the Secretary. An inquiry to the Office of the Secretary as to whether any information has been made public is not, therefore, improper. However, a request of or attempt to persuade a Commission employee to divulge the contents of a closed meeting constitutes a lack of proper professional conduct inappropriate to a person practicing before this agency, and requires that the employee file a report of such event so that a determination can be made whether disciplinary action should be initiated pursuant to § 502.30 of this chapter. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);