[Federal Register Volume 60, Number 215 (Tuesday, November 7, 1995)]
[Rules and Regulations]
[Pages 56122-56124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27489]
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FEDERAL MARITIME COMMISSION
46 CFR Part 514
[Docket No. 95-13]
Automated Tariff Filing and Information System
AGENCY: Federal Maritime Commission.
ACTION: Final rule.
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SUMMARY: This Final Rule amends the requirements of the Federal
Maritime Commission (``Commission'' or ``FMC'') pertaining to the
Automated Tariff Filing and Information System (``ATFI'') to clarify
that no individual may file or retrieve ATFI data until he or she
submits a User Registration Form and supporting documents, together
with the proper fee, to the Commission and receives a logon ID and
password. The rule also makes it clear that this requirement cannot be
circumvented by sharing, loaning or using logon IDs or passwords
assigned to others. In addition, the rule permits the on-line
downloading of daily subscriber data. Subscribers may request daily
updates on tape provided by them in those instances where on-line
downloading is not cost-effective. Full database tapes, weekly update
tapes, and monthly update tapes will no longer be provided.
EFFECTIVE DATE: December 7, 1995.
FOR FURTHER INFORMATION CONTACT:
Doris J. Spencer, Director, Office of Information Resources Management,
Federal Maritime Commission, 800 North Capitol Street NW., Washington,
D.C. 20573, (202) 523-5835.
SUPPLEMENTARY INFORMATION: The Commission's tariff filing rules at 46
CFR 514.8(f)(1) provide that the ATFI logon IDs and passwords are
issued to individual users. Despite this provision, there have been
numerous instances of logon IDs or passwords being shared with, loaned
to or used by others. The Commission therefore issued a Notice of
Proposed Rulemaking (``NPR'') to amend Sec. 514.8 to clarify that no
individual may file or retrieve AFTI data until he or she submits a
User Registration Form, supporting documents, and the proper fee, to
the Commission and receives a logon ID and password. (60 FR 45126, Aug.
30, 1995).
Additionally, given the Commission's reduced level of funding, it
is no longer feasible for the Commission to provide full database
tapes, weekly update tapes and monthly update tapes. As an alternative,
the Commission proposed to implement the capability for on-line
downloading of daily subscriber data.
Four parties filed comments in response to the NPR: Rijnhaave
Information Services, Inc. (``RIS''), D.X.I. Incorporated (``DXI''),
Pacific Coast Tariff Bureau (``PCTB'') and Effective Tariff Management
Corporation (``ETM'').
The only comment addressing the proposed password and user ID rule
revision was filed by RIS. It is RIS's contention that user IDs and
passwords are issued to the tariff publisher and not to a single
individual within the tariff publisher's organization. In support of
its position RIS cites 46 CFR 514.2 which states that: ``Publisher
(tariff) means an organization authorized to file or amend tariff
information.'' RIS also refers to Commission News Release 93-11,
Assignment of ATFI Access Privileges and Further Batch Filing
Certification, August 4, 1993. The News Release states that if the
carrier authorizes the tariff publisher to maintain the carrier's
organizational record, the publisher, not the carrier, will be the
owner of the logon ID and password.
RIS's argument fails to distinguish between the authority to file
and amend tariffs and the authority to amend the organizational record
of the carrier. A tariff publisher may have authority to file and amend
tariffs on behalf of a carrier without having a logon ID and password
to access the carrier's organizational record. News Release 93-11
leaves no doubt that logon IDs and passwords are issued to individuals
within an organization and not to the organization itself. The News
Release states:
Each organization may identify only one person authorized to
update the Organization Record, which is an ATFI component that
reflects information about the organization. This person's Login ID
has the authority to change information in the Organizational
Record.
On the registration form (``form''), the person listed in block
8 will be the owner of the Login ID and password.
The portion of the News Release relied upon by RIS simply points
out that, if a carrier authorizes the tariff publisher to maintain the
carrier's organizational record, the carrier will not be issued a logon
ID and password. That discussion does not contradict the statement
quoted above which appears in the same news release. Accordingly, the
Commission rejects RIS's comment and will adopt the proposed
clarification of its rules pertaining to logon IDs and passwords.
All parties express a desire for the continuation of full database
tapes subscriber data. Full database tapes are said to be necessary to
audit and add new tariffs to their systems. ETM also opposes the
elimination of the weekly subscriber tapes based on (1) the cost of
daily data versus weekly update tapes, (2) the cost of higher speed
communications equipment, and (3) prolonged on-line downloading time
requiring additional lines and equipment to avoid work flow
disruptions.
Due to reduced appropriations, the Commission has been forced to
curtail purchases of equipment and services pursuant to its ATFI
contract. As part of the Commission's efforts to reduce expenses, the
position previously responsible for, among other things, developing
weekly, monthly and full data base tapes has been eliminated from the
contract. The Commission could not avoid cuts in the ATFI program by
increasing user fees. User fees are payable to the U.S. Treasury
[[Page 56123]]
and cannot be retained by the Commission to defray the cost of ATFI.
The Commission is sympathetic to those who want the Commission to
continue to provide weekly, monthly and full data base tapes, and
understands that the elimination of this service may have the effect of
increasing a tariff publisher's cost of doing business. However, the
Commission simply lacks the funds to continue providing weekly, monthly
and full data base tapes.
The change will not deprive the industry of ATFI subscriber data
that it would otherwise receive. All data contained on a full data base
tape has been previously made available as daily subscriber data. While
the Commission has an obligation to make ATFI subscriber data
available, the Commission does not have an obligation to make the data
available in a particular format.
The Commission will make certain modifications to the fees for ATFI
data in order to ameliorate the effects of the elimination of weekly,
monthly and full data base tapes. Persons requesting download of daily
updates will not be required to pay $61 as stated in the NPR, but only
46 cents per minute as now required by Sec. 514.21(g)(1). Persons
requesting daily updates on tape must supply the tapes and return
postage, and pay $43 per daily update as opposed to the $61 specified
in the NPR. The charge of $43 reflects the average downloading time, at
46 cents a minute, and associated labor costs. Although these charges
are based on the Commission's costs, the Commission cannot retain the
charges to defray the cost of providing the service, as explained
above.\1\
\1\ Section 514.20(d) was also modified to clarify the
application of Sec. 514.21(j)(2).
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The Commission plans a transition period during which users may
receive daily subscriber data either on tape or through on-line
download. This will allow subscribers to thoroughly test the data
download functionality and compare the results with tape data. The
transition period will also provide an opportunity for batch retrievers
and batch filers to access the system using higher speed modems and/or
improved file transfer software. After this period, firms desiring to
receive daily data on tape will be required to furnish their own tapes.
The Commission will install 28.8 Kbps modems and make available the
Zmodem file transfer protocol on the ATFI system. Batch retrievers and
batch filers may wish to upgrade their modem speed to decrease file
transfer time. The Zmodem file transfer protocol includes a crash
recovery capability that allows a data download file transfer to
restart at the point where it was disrupted.
Several parties proposed other changes. RIS suggests that the
certification process formerly required by 46 CFR 514.21(m) be
retained. PCTB requests an ATFI enhancement that would provide the
capability to download a single tariff and daily data for a single
tariff. PCTB also suggests that the Commission enter into a leased line
arrangement to facilitate the transmission of very large filings. RIS
seeks to use dedicated lines for daily updates and batch filing
sessions. All these proposals are beyond the scope of the NPR and
cannot be addressed in this proceeding.
The Commission certifies pursuant to Sec. 605(b) of the Regulatory
Flexibility Act, 5 U.S.C. 605(b), that this rule will not have a
significant economic impact on a substantial number of small entities,
including small businesses, small organizational units, and small
governmental jurisdictions. The Commission recognizes that these
proposed revisions may have some impact on the shipping industry, but
not of the magnitude that would be contrary to the requirements of the
Regulatory Flexibility Act.
The rule does not contain any collection of information
requirements as defined by the Paperwork Reduction Act of 1995, as
amended. Therefore, Office of Management and Budget review is not
required.
List of Subjects in 46 CFR Part 514
Freight, Harbors, Maritime carriers, and Reporting and
recordkeeping requirements.
Part 514 of Title 46 of the Code of Federal Regulations is amended
as follows:
PART 514--[AMENDED]
1. The authority citation for Part 514 continues to read as
follows:
Authority: 5 U.S.C. 552 and 553; 31 U.S.C. 9701; 46 U.S.C. app.
804, 812, 814-817(a), 820, 833a, 841a, 843, 844, 845, 845a, 845b,
847, 1702-1712, 1714-1716, 1718, 1721, and 1722; and sec. 2(b) of
Pub. L. 101-92, 103 Stat. 601.
Subpart C--Form, Content and Use of Tariff Data
2. In Sec. 514.8, paragraph (f) is revised to read as follows:
Sec. 514.8 Electronic Filing.
* * * * *
(f) Password and User ID. (1) System Identifications (``IDs'') for
either filing or retrieval logon and initial password assignments are
obtained by submitting the User Registration Form (exhibit 1 to this
part), along with the proper fee under Sec. 514.21 and other necessary
documents prescribed by Sec. 514.4(d) of this part, to BTCL. A separate
User Registration Form is required for each individual that will access
ATFI.
(2) Logon IDs and passwords may not be shared with or loaned to or
used by any individual other than the individual registrant. The
Commission reserves the right to disable any logon ID that is shared
with, loaned to or used by parties other than the registrant.
(3) Authority for organizational maintenance, filing or retrieval
can be transferred by submitting an amended registration form
requesting the assignment of a new logon ID and password (see
Sec. 514.(4)(d)). The original logon ID will be canceled when a
replacement logon ID is issued.
* * * * *
3. In Sec. 514.20, paragraph (d) is revised to read as follows:
Sec. 514.20 Retrieval.
* * * * *
(d) Batch retrieval through data base files. Interested parties may
subscribe to all tariff filings/updates received by the Commission on a
daily basis. The ATFI System Administrator will create a daily
subscriber data update file which will be accessible to subscribers.
The daily updates subscriber will access the ATFI system to on-line
download the tariff updates received during the previous workday and
any intervening weekend/holidays, as well as any tariff updates created
by the Commission (e.g., suspensions, rejections, etc.). Subscribers
may request that daily updates be forwarded on tape (either 9 track,
6250 bpi or 8 mm cartridge, Exabyte 8500 compatible) when the file size
indicates that the on-line download option is not cost-effective.
Subscriber responsibility and charges for use of this option are
specified in Sec. 514.21(j)(2). The Commission may also send selected
daily updates by first class mail (or as directed by subscribers at
subscriber's expense) or make updates available at the ATFI computer
center when the magnitude of the file size indicates that downloads
would degrade ATFI access for other ATFI user functions. The charge
specified in Sec. 514.21(j)(2) will apply, but subscribers will not be
required to provide tapes. Subscribers requesting update data on tape
are responsible for insuring that the Commission has received
sufficient pre-paid monies before the last business day of the
preceding month in order to subscribe to the next month's filings.
[[Page 56124]]
The Commission will terminate the download capability of any accounts
in arrears.
* * * * *
4. In Sec. 514.21, paragraph (j) is revised to read as follows:
Sec. 514.21 User charges.
* * * * *
(j) Daily Subscriber Data (Sec. 514.20(d)). (1) Persons requesting
download of daily updates must pay 46 cents per minute as provided by
Sec. 514.21(g)(1).
(2) Persons requesting daily updates on tape must supply the tapes
and return postage, and pay $43 per daily update.
* * * * *
By the Commission.
Joseph C. Polking,
Secretary.
FR Doc. 95-27489 Filed 11-6-95; 8:45 am]
BILLING CODE 6730-01-M
