FMC Requests Comments on Possible Amendments to Rules of Practice

Comments are due by May 6, 2011.

(In February 2011, the FMC made certain changes to its Rules of Practice and Procedures (46 CFR Part 502), which are now in effect. The FMC states it intends to update and revise the rest of its Rules of Practice and Procedures to reflect current practices and technologies, or could be improved to bring about more efficient and user-friendly procedures.)

All Procedural Rules Are Being Examined for Possible Revision

The FMC states that all procedural rules are being examined for possible revision. Some of the initial candidates for change are: (i) qualification of non-attorney practitioners; (ii) content of filed complaints and answers; (iii) intervention by the Bureau of Enforcement in complaint proceedings; (iv) rules governing computation of time, time of filing, and enlargements of time; (v) hearing procedures; requirements for filing briefs, including the time periods for filing exceptions; and (vi) the functions and authorities of the presiding officer in proceedings.

Comments Requested on Small Claims Procedures, Discovery Rules, Etc.

FMC, in particular, also seeks comments on possible revisions to the following:

Complaint dismissals, etc. Revision consideration will also be given to the possible addition of rules for the use of summary judgment in proceedings; voluntary and involuntary dismissal of complaints in line with the Federal Rules of Civil Procedure (FRCP); and the use of cross-claims and third-party complaints in FMC proceedings..

Discovery rules. The FMC seeks public comments on whether to revise its discovery rules to conform more closely to the FRCP as they are formulated today, and for the possible applicability of the FRCP to the FMC proceedings. The FMC asks for interested parties to comment on specific problems they have experienced with the FMC's current rules of discovery and specific problems they foresee if the FMC were to adopt particular provisions of discovery rules as they current exist in the FRCP.

Small claims procedures. The FMC is seeking comment on Subpart S of 46 CFR 502.301-305 (on informal procedures for adjudication of small claims proceedings), in particular as to: (i) the effect on service when parties make themselves unavailable for service of claims and decisions, or become unreachable after initially participating in a proceeding; (ii) the dismissal of claims if service on the respondent cannot be achieved; and (iii) if the FMC's rules on ex parte communications should apply to Informal Docket proceedings.

FMC Contacts -