[Federal Register Volume 62, Number 230 (Monday, December 1, 1997)]
[Rules and Regulations]
[Pages 63463-63464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31320]
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FEDERAL MARITIME COMMISSION
46 CFR Part 514
[Docket No. 97-23]
Simplification of Service Contract Filing Requirements
AGENCY: Federal Maritime Commission.
ACTION: Final rule.
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SUMMARY: The Federal Maritime Commission is amending its rules to
discontinue the requirement that service contracts be filed in double
envelopes. This should reduce duplication and Commission and carrier
costs, as well as facilitate the submission of service contract filings
at the Commission.
EFFECTIVE DATE: December 1, 1997.
FOR FURTHER INFORMATION CONTACT: Bryant L. VanBrakle, Director, Bureau
of Tariffs, Certification and Licensing, Federal Maritime Commission,
800 North Capitol Street, N.W., Washington, D.C. 20573, (202) 523-5796.
SUPPLEMENTARY INFORMATION:
I. Background
The rules of the Federal Maritime Commission (``Commission''), at
46 CFR 514.7(g)(1)(i) and (ii), require service contracts to be filed
in double envelopes. This requirement originated with the Commission's
initial service contract rules, when all filings were in paper form and
was intended to facilitate the separation of service contracts from
their associated essential terms filings. Service contract essential
terms are now filed electronically in the Commission's Automated Tariff
Filing and Information system (``ATFI''). As a consequence, the double-
envelope procedure has become superfluous.
The Commission received 38,747 service contract filings during
fiscal year 1997. Each filing is now required to be ``filed in single
copy contained in a double envelope.'' This proposal will thus reduce
by half the number of envelopes that must be filed with and handled by
the Commission's staff. This will result in cost savings and processing
efficiencies for the industry and Commission.
Because the removal of this obsolete requirement eliminates, rather
than creates, a regulatory requirement, this revision is being
promulgated as a final rule effective upon publication in the Federal
Register.
This final rule does not impose any additional reporting or
recordkeeping requirements from those which were previously approved by
the Office of Management and Budget under the Paperwork Reduction Act
of 1995, as amended. (OMB Control No. 3072-0055, expires May 31, 1998.)
The Chairman of the Commission certifies, pursuant to section
605(b) of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., that
this final 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 subject final rule is not a major rule under the Small Business
Regulatory Flexibility Act (5 U.S.C. 804(2)) because it will not result
in an annual effect on the economy of $100 million or more; a major
increase in cost or prices for consumers, individual industries,
Federal, State or local government agencies, or geographic regions; or
significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of U.S.-based enterprises
to compete with foreign-based enterprises.
List of Subjects in 46 CFR Part 514
Administrative practice and procedure, Antitrust, Automatic data
processing, Cargo vessels, Confidential business information,
Contracts, Exports, Freight, Freight forwarders, Imports, Maritime
carriers, Penalties, Rates and fares, Reporting and recordkeeping
requirements.
Therefore, pursuant to 5 U.S.C. 553 and sections 3, 8, and 17 of
the Shipping Act of 1984 (46 U.S.C. app. 1702, 1707 and 1716), the
Federal Maritime Commission amends Part 514 of Title 46 of the Code of
Federal Regulations as follows:
PART 514--[AMENDED]
1. The authority citation for Part 514 continues to read:
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.
2. Section 514.7 is amended by revising paragraph (g)(1) to read as
follows:
Sec. 514.7 Service contracts in foreign commerce.
* * * * *
(g) * * *
(1) Service contracts. Within ten (10) days of the electronic
filing of essential terms under Sec. 514.17, a true and complete copy
of the related contract(s) shall be submitted in form and content as
provided by this section and Sec. 514.17, in single copy contained in
an envelope, which contains no other material, addressed to:
``Director, Bureau of Tariffs, Certification and Licensing, Federal
Maritime Commission, Washington, DC 20573.'' The envelope shall state
``This Envelope Contains a Confidential Service Contract.'' If multiple
service contracts are filed in an envelope, the pages of each
individual contract should be fastened together. The top of each page
of a filed service contract shall be stamped ``Confidential.''
* * * * *
[[Page 63464]]
By the Commission.
Ronald D. Murphy,
Assistant Secretary.
[FR Doc. 97-31320 Filed 11-28-97; 8:45 am]
BILLING CODE 6730-01-M
