[Code of Federal Regulations]
[Title 46, Volume 9]
[Revised as of October 1, 2006]

[CITE: 46CFR502.165]

[Page 52-53]
 
                           TITLE 46--SHIPPING
 
                 CHAPTER IV--FEDERAL MARITIME COMMISSION
 
PART 502_RULES OF PRACTICE AND PROCEDURE--Table of Contents
 
            Subpart J_Hearings; Presiding Officers; Evidence
 
Sec.  502.165  Official transcript.

    (a) The Commission will designate the official reporter for all 
hearings. The official transcript of testimony taken, together with any 
exhibits and any briefs or memoranda of law filed therewith, shall be 
filed with the Commission. Transcripts of testimony will be available in 
any proceeding under the rules in this part, and will be supplied by the 
official reporter to the parties and to the public, except when required 
for good cause to be held confidential, at rates not to exceed the 
maximum rates fixed by contract between the Commission and the reporter.
    (b)(1) Section 11 of the Federal Advisory Committee Act provides 
that, except where prohibited by contractual agreements entered into 
prior to the effective date of this Act, agencies and advisory 
committees shall make available to any person, at actual cost of 
duplication, copies of transcripts of agency proceedings or advisory 
committee meetings. As used in this section, ``agency proceeding'' means 
any proceeding as defined in 5 U.S.C. 551(12).
    (2) The Office of Management and Budget has interpreted this 
provision as being applicable to proceedings before the Commission and 
its administrative law judges. (Guidelines, 38 FR 12851, May 16, 1973.)
    (3) The Commission interprets section 11 and the OMB guidelines as 
follows:
    (i) Future contracts between the Commission and the successfully 
bidding recording firm will provide that any party to a Commission 
proceeding or other interested person (hereinafter included within the 
meaning of ``party'') shall be able to obtain a copy of the transcript 
of the proceeding in which it is involved at the actual cost of 
duplication of the original transcript, which includes a reasonable 
amount for overhead and profit, except where it requests delivery of 
copies in a shorter period of time than is required for delivery by the 
Commission.
    (ii) The Commission will bear the full expense of transcribing all 
of its administrative proceedings where it requests regular delivery 
service (as set forth in the Contract). In cases where the Commission 
requests daily delivery of transcript copies (as set forth in the 
Contract), any party may receive daily delivery service at the actual 
cost of duplication.
    (iii)(A) Where the Commission does not request daily copy service, 
any party requesting such service must bear the incremental cost of 
transcription above the regular copy transcription cost borne by the 
Commission, in addition to the actual cost of duplication, except that 
where the party applies for and properly shows that the furnishing of 
daily copy is indispensable to the protection of a vital right or 
interest in achieving a fair hearing, the presiding officer in the 
proceeding in which the application is made shall order that daily copy 
service be provided the applying party at the actual cost of 
duplication, with the full cost of transcription being borne by the 
Commission.
    (B) In the event a request for daily copy is denied by the presiding 
officer, the requesting party, in order to obtain daily copy, must pay 
the cost of transcription over and above that borne by the Commission, 
i.e., the incremental

[[Page 53]]

cost between that paid by the Commission when it requests regular copy 
and when it requests daily copy.
    (C) The decision of the presiding officer in this situation is 
interpreted as falling within the scope of the functions and powers of 
the presiding officer, as defined in Sec.  502.147(a). [Rule 165.]