Full Volume 19 - Federal Maritime Commission

GO 16AMDT 16DKT NO 76 49
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cally for review of orders of dismissal by presiding officers At present
the rules are silent as to this
MABA is of the opinion that the present rules permit review of
dismissals by the Commision but supports the proposal as stating the
Commission s authority explicitly
Hearing Counsel would add language to insure that service of anotice
to review would not constitute a reopening of the record
At the time of fashioning its proposal the Commission was attempting
to do what MABA suggests ie clarify the rules As to Hearing
Counsels addition we feel it unnecessary A record can not be reopened
automatically only the presiding officer or Commission as appropriate
may do so
Therefore pursuant to section 4 of the Administrative Procedure Act
5 D S C 553 and sections 27 and 43 of the Shipping Act 1916 46
D S C 826 841a Part 502 of Title 46 Code of Federal Regulations is
amended
Effective Date Inasmuch as the expeditious adoption of these rules is
desirable and inasmuch as they are procedural in nature they
shall be
effective upon publication in the Federal Register and shall be applicable
to all pending and future proceedings
By the Commission
S JOSEPH C POLKING
Acting Secretary
The text of the amendment is reprinted in 46 C P R 502 41 502 210a 502 136 502 227
19 F M C