[Federal Register Volume 60, Number 8 (Thursday, January 12, 1995)]
[Proposed Rules]
[Pages 2923-2924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-707]
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FEDERAL MARITIME COMMISSION
46 CFR Parts 515, 550, 580 and 581
[Docket No. 95-01]
Filing of Tariffs by Marine Terminal Operators; Publishing,
Filing and Posting of Tariffs in Domestic Offshore Commerce; Publishing
and Filing of Tariffs by Common Carriers in the Foreign Commerce of the
United States; Service Contracts
AGENCY: Federal Maritime Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Federal Maritime Commission proposes to remove 46 CFR Part
515, Filing of Tariffs by Marine Terminal Operators; 46 CFR Part 550,
Publishing, Filing and Posting of Tariffs in Domestic Offshore
Commerce; 46 CFR Part 580, Publishing and Filing of Tariffs by Common
Carriers in the Foreign Commerce of the United States; and 46 CFR Part
581, Service Contracts. These regulations contain the guidelines,
standards, and procedures for marine terminal operators (``MTO's'') and
common carriers by water to file and publish their tariffs and/or
service contract essential terms with the Commission in paper format.
The Commission believes that these regulations have become unnecessary
because its rules now require electronic tariff filing in the
Commission's Automated Tariff Filing and Information system (``ATFI'').
DATES: Comments on or before February 13, 1995.
ADDRESSES: Comments (original and 15 copies) are to be submitted to:
Joseph C. Polking, Secretary, Federal Maritime Commission, 800 North
Capitol Street, NW., Washington, DC 20573, (202) 523-5725.
FOR FURTHER INFORMATION CONTACT: Bryant L. VanBrakle, Director, Bureau
of Tariffs, Certification and Licensing, Federal Maritime Commission,
800 North Capitol Street, NW., Washington, DC 20573, (202) 523-5796.
SUPPLEMENTARY INFORMATION: The Commission administers, inter alia, the
Shipping Act, 1916 (``1916 Act''), 46 U.S.C. app. 801, et seq.; the
Intercoastal Shipping Act, 1933 (``1933 Act''), 46 U.S.C. app. 843, et
seq.; and the Shipping Act of 1984 (``1984 Act''), 46 U.S.C. app. 1701,
et seq. (collectively ``Shipping Acts''), which require or authorize
the Commission to require common carriers and MTO's to file with the
Commission their tariffs and/or service contract essential terms.
Presently, such tariffs and essential terms are required by regulation,
in 46 CFR Parts 515, 580 and 581, to be filed in paper format. In
February, 1993, the Commission implemented its ATFI system and directed
common carriers and MTO's to file such tariffs and essential terms in
electronic form into ATFI.1 This requirement is consistent with
Public Law 102-582, the High Seas Driftnet Fisheries Enforcement Act,
section 502 which directed common carriers to ``file electronically
with the Commission all tariffs and all essential terms of service
contracts required to be filed'' by the 1916, 1933, or 1984 Acts.
\1\On December 29, 1992, the Commission adopted regulations that
govern the filing of tariffs and service contract essential terms in
electronic format.
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The ATFI system is now fully operational and the Commission will no
longer be accepting tariffs and/or service contract essential terms in
paper form. Accordingly, the Commission proposes to remove Parts 515,
550, 580 and 581.
One matter, however, with respect to service contracts requires
further discussion. When the Commission implemented its ATFI system, it
directed common carriers and MTO's to file an electronic tariff and to
cancel the corresponding paper instrument. However, with respect to
service contract essential terms, the Commission took a different
approach, recognizing that a service contract is a special arrangement
between a shipper and a common carrier or a conference of carriers with
a specified duration. At the time ATFI was implemented, the Commission
had on file and in effect several thousand service contracts as well as
their corresponding essential terms.2 The Commission did not
require carriers to convert the paper version of a service contract
into electronic form. Rather, the Commission directed carriers to file,
on a prospective basis, the essential terms of all newly executed
service contracts into the ATFI system.
\2\The Commission is aware of several contracts in paper form
whose terms are of several years duration. One of these contracts
has a 10-year term.
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Some of the essential terms which were filed in paper form prior to
the conversion to ATFI are still in effect. The Commission continues to
find it unnecessary to require the conversion of these originally-filed
service contract essential terms into electronic format. However, with
the proposed cancellation of Part 581 the Commission will no longer
accept amendments, in paper form, to these essential terms. Should the
parties amend the essential terms of service contracts now in paper
form, the Commission will require, consistent with its electronic
filing rules in Part 514, the electronic filing of the complete,
restated statement of essential terms--as amended--into ATFI.
The Federal Maritime Commission certifies, pursuant to section
605(b) of the Regulatory Flexibility Act, 5 U.S.C. 605(b), that this
Proposed Rule, if adopted, will not have a significant economic impact
on a substantial number of small entities, including small businesses,
small organizational units, and small governmental organizations. ``The
criteria contained in this section requires the agency head to examine
both the degree of impact as well as the dispersion of that impact.''
S. Rep. No. 878, 96th Cong., 2d Sess. 14 (1980) reprinted at 1980 U.S.
Code Cong. and Admin. News, p. 2788 at 2801. The Commission does not
believe that the removal of Parts 515, 550, 580 and 581 under the
circumstances described above will result in either significant impact
or impact upon a substantial number of small entities.
This proposed rule does not contain any collection of information
requirements as defined by the Paperwork Reduction Act of 1980, as
[[Page 2924]] amended. Therefore, OMB review is not required.
List of Subjects
46 CFR Part 515
Freight, Harbors, Reporting and recordkeeping requirements;
Warehouses.
46 CFR Part 550
Maritime carriers, Reporting and recordkeeping requirements.
46 CFR Part 580
Freight, Maritime carriers, Reporting and recordkeeping
requirements.
46 CFR Part 581
Freight, Maritime carriers, Reporting and recordkeeping
requirements.
Therefore, pursuant to 5 U.S.C. 553; sections 17 and 43 of the
Shipping Act, 1916 (46 U.S.C. app. 816, 841(a)); sections 2, 3, 4 and 5
of the Intercoastal Shipping Act, 1933 (46 U.S.C. app. 843, 844, 845,
845(a), 845(b), 847); sections 8, 10 and 17 of the Shipping Act of 1984
(46 U.S.C. app. 1707, 1709, 1716); Parts 515, 550, 580 and 581 of Title
46 of the Code of Federal Regulations are proposed to be amended as
follows:
Part 515--[Removed]
Part 515 is removed.
Part 550--[Removed]
Part 550 is removed.
Part 580--[Removed]
Part 580 is removed.
Part 581--[Removed]
Part 581 is removed.
By the Commission.
Joseph C. Polking
Secretary.
[FR Doc. 95-707 Filed 1-11-95; 8:45 am]
BILLING CODE 6730-01-W
