I. The claimant is (state in this paragraph whether claimant is an association, corporation, firm or partnership, and if a firm or partnership, the names of the individuals composing the same. State the nature and principal place of business.)

II. The carrier named above is a common carrier engaged in transportation by water from to and as such is subject to the provisions of the Shipping Act, 1916, as amended, or the Intercoastal Shipping Act, 1933, as amended.

III. That (state in this and subsequent paragraphs to be lettered A, B, etc., the matters that gave rise to the claim. Name specifically each rate, charge, classification, regulation or practice which is challenged. Refer to tariffs, tariff items or rules, or agreement numbers, if known.)

IV. If claim is for overcharges, state commodity, weight and cube, origin, destination, bill of lading description, bill of lading number and date, rate and/or charges assessed, date of delivery, date of payment, by whom paid, rate or charge claimed to be correct and amount claimed as overcharges. (Specify tariff item for rate or charge claimed to be proper.)

section 3 of the Administrative Procedure Act, effective July 4, 1967. The Chairman shall carry out this responsibility through the program and the officials which are prescribed in Manual of Orders, Commission Order No. 1 (Amended), and as hereinafter designated in this part.

(b) In addition, the Chairman pursuant to his responsibility hereby directs that every effort be expended to facilitate the maximum expedited service to the public with respect to the obtaining of information and records. Accordingly, the public may make requests for information, decisions, or records or submittals (1) in person to the Director, Office of International Affairs and Relations or the Public Reference Room under his supervision; or (2) in writing to the Secretary.

Subpart B-Publication in the
"Federal Register"

§ 503.11

Materials to be published.

(a) The Commission shall separately state and concurrently publish the following materials in the FEDERAL REGISTER for the guidance of the public:

(1) 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.

(2) 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.

(3) 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.

(4) 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.

(5) Every amendment, revision, or repeal of the foregoing.

(b) The Commission's publication with respect to paragraph (a)(1) of this section has been and shall continue to be by publication in the FEDERAL REGISTER of the Manual of Orders, Commission Order No. 1 (Amended), and amendments and supplements thereto.

(c) The Commission's publications with respect to paragraph (a) (2), (3),

§ 503.13

Incorporation by reference.

For purposes of this subpart, matter which is reasonably available to the class of persons affected thereby shall be deemed published in the FEDERAL REGISTER When incorporated by reference therein with the approval of the Director of the Federal Register.

Subpart C-Commission Opinions and Orders

§ 503.21 Public records.

The Commission shall, in accordance with this part, make the following materials available for public inspection and copying:

(a) Final opinions (including concurring and dissenting opinions) and all orders made in the adjudication of cases.

(b) Those statements of policy and interpretations which have been adopted by the Commission.

(c) Administrative staff manuals and instructions to staff that affect any member of the public.

To prevent unwarranted invasion of personal privacy, the Commission may delete identifying details when it makes available or publishes an opinion, statement of policy, interpretation, or staff manual or instruction, and shall, in each such case, explain in writing the justification for the deletion.

(c) General orders of the Commission including general substantive rules. (d) Tariff circular No. 3 (Domestic). (e) Reports of decisions (including concurring and dissenting opinions), orders and notices in all formal proceedings and pertinent correspondence.

(f) Press releases, biographies, etc.
(g) Pamphlets.1

(h) List "Approved Conference, Rate, and Interconference Agreements of Steamship Lines in the Foreign Commerce of the United States".

(i) Rules of practice and procedure. (j) Annual reports of the Commission. (k) Bound volumes of Commission decisions.

(1) Shipping Act, 1916, and related acts.

(m) Interpretive rulings and statements of policy published in the Code of Federal Regulations.

(n) Administrative staff manuals and instructions to staff that affect any member of the public.

§ 503.25 Documents available at the Office of the Secretary.

The following documents are available for inspection and copying at the Office of the Secretary, Room No. 432, Centennial Building, 1321 H Street NW., Washington, D.C. 20573:

1 Items (g)-(1) are also on sale. Write Superintendent of Documents, Government Printing Office, Washington, D.C. 20402.

(a) Official docket files (transcripts, exhibits, briefs, etc.) in all formal proceedings.2

(b) Approved minutes showing final votes.

(c) Correspondence to or from the Commission or examiners concerning docketed proceedings.

Subpart D-Procedure Governing Availability of Commission Records § 503.31 Identification of records.

A member of the public who requests permission to inspect or copy a record must identify the record sought in sufficient detail to enable the Commission staff to locate the record.

§ 503.32 Records generally available.

The following records are available for inspection and copying upon request in person or in writing at the Public Reference Room:

(a) Agreements filed and approved pursuant to section 15 of the Shipping Act, 1916.

(b) Agreements filed for approval under section 15 which have been noticed in the FEDERAL REGISTER.

(c) Tariffs filed under the provisions of the Shipping Act, 1916, and the Intercoastal Shipping Act, 1933.

(d) Terminal tariffs filed pursuant to G.O. No. 15.

(e) Form of approved dual rate contracts and pending contracts after notice thereof has been filed in the FEDERAL REGISTER.

(f) List of certifications of financial responsibility pertaining to Public Law 89-777.

(g) List of licensed freight forwarders. § 503.33 Other records available upon written request.

Any written request to the Secretary, Federal Maritime Commission, 1321 H Street NW., Washington, D.C. 20573, for records listed in paragraphs (a) through (e), inclusive, of this section shall identify the record as provided in § 503.31. The Secretary shall evaluate each request in conjunction with the official having responsibility for the subject matter area, the General Counsel and the Chief, Office of International Affairs and Relations, and shall make the record available unless the Secretary shall

2 Transcripts may be purchased from Hoover Reporting Co., 320 Massachusetts Avenue, NE., Washington, D.C.

notify the person making the request that no such record can be found; that the record is needed by the staff; or that the record falls within a specific exception. There follows categories of records subject to this provision:

(a) Correspondence:

(1) General correspondence.

(2) Correspondence regarding interpretation or applicability of a statute or rule.

(3) Correspondence regarding methods of compliance with general orders.

(4) Correspondence and reports on legislation if made public by the Bureau of the Budget and Congressional Committee.

(b) Staff reports served on a party at interest.

which have been transmitted to the Commission by another agency which has designated the record as nonpublic under Executive order.

(b) Records related solely to the internal personnel rules and practices of the Commission. Such records relate to those matters which are for the guidance of Commission personnel with respect to their employment with the Federal Maritime Commission.

(c) Records specifically exempted from disclosure by statute.

(d) Information given in confidence. This includes information obtained by or given to the Commission which constitutes trade secrets, confidential commercial or financial information, privileged information, or other information which was given to the Commission in confidence or would not customarily be released by the person from whom it was obtained.

(e) Interagency or intraagency memoranda or letters which would not be available by law to a private party in litigation with the Commission. Such communications include interagency memoranda, drafts, staff memoranda transmitted to the Commission, written communications between the Commission, the Secretary, and the General Council, regarding the preparation of Commission orders and decisions, other documents received or generated in the process of issuing an order, decision, or regulation, and reports and other work papers of staff attorneys, accountants, and investigators.

(f) Personnel and medical files and similar files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. This exemption includes all personnel and medical records and all private, personal, financial, or business information contained in other files which, if disclosed to the public, would invade the privacy of any person, including members of the family of the person to whom the information pertains.

(g) Investigatory files compiled for law enforcement purposes except to the extent available by law to a private party. This includes the files of the Bureau of Investigation, which pertain to investigations of violations of the Shipping Acts, licensing and certification, and files prepared in connection with related Government litigation or Commission proceedings, except to the extent available by law to a private party.

Subpart E-Fees

§ 503.41 Policy and services available.

Pursuant to policies established by the Congress. the Government's costs for special services furnished to individuals or firms who request such service are to be recovered by the payment of fees (Act of Aug. 31, 1951-5 U.S.C. 140). Upon written request directed to and within the discretion of the Federal Maritime Commission, there are available upon payment of the fees hereinafter prescribed, with respect to documents subject to inspection, services as follows:

(a) Copying records/documents.

(b) Certification of copies of documents.

(c) Records search.

(d) Subscriptions to publications of the Commission.

(e) Transcripts of hearings. § 503.42

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, except for charges for transcript of hearings. Fees for transcript of hearings are payable to the firm providing the services.

§ 503.43 Fees for services.

The basic fees set forth below provide for documents to be mailed with ordinary first-class postage prepaid. If 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.

(a) The copying of records and documents will be available at the rate of 25 cents per page (one side) by the Xerox process, limited to size 84" x 14" or smaller.

(b) The certification and validation (with Federal Maritime Commission seal) of documents filed with or issued by the Commission will be available at $1.00 for each such certification.

(c) To the extent that time can be made available, records and information search will be performed for reimbursement at the following rates:

(1) By clerical personnel at a rate of $4 per person per hour.

(2) By professional personnel at an actual hourly cost basis to be established prior to search.

(3) Minimum charge, $2.