[Federal Register Volume 59, Number 249 (Thursday, December 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32005]
[[Page Unknown]]
[Federal Register: December 29, 1994]
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FEDERAL MARITIME COMMISSION
46 CFR Parts 501, 552, 560, and 572
Bureau of Economics and Agreement Analysis; Organization,
Functions, and Authority Delegations
AGENCY: Federal Maritime Commission.
ACTION: Final rule.
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SUMMARY: The Federal Maritime Commission is changing the name of the
Bureau of Trade Monitoring and Analysis to the Bureau of Economics and
Agreement Analysis. Notice and public procedure are not necessary prior
to the issuance of this rule because it deals solely with matters of
agency organization. Neither is a delayed effective date required.
EFFECTIVE DATE: December 29, 1994.
FOR FURTHER INFORMATION CONTACT:
Austin L. Schmitt, Director, Bureau of Economics and Agreement
Analysis, Federal Maritime Commission, 800 North Capitol St., NW.,
Washington, DC 20573-0001, (202) 523-5787.
List of Subjects
46 CFR Part 501
Administrative practice and procedure, Authority delegations,
Organization and functions, Seals and insignia.
46 CFR Part 552
Maritime carriers, Reporting and recordkeeping requirements,
Uniform system of accounts.
46 CFR Part 560
Administrative practice and procedure, Antitrust, Freight, Maritime
carriers, Penalties, Reporting and recordkeeping requirements.
46 CFR Part 572
Administrative practice and procedure, Maritime carriers, Reporting
and recordkeeping requirements.
PART 501--THE FEDERAL MARITIME COMMISSION--GENERAL
1. The authority citation for part 501 continues to read as
follows:
Authority: 5 U.S.C. 551-557, 701-706, 2903 and 6304; 31 U.S.C.
3721; 41 U.S.C. 414 and 418; 44 U.S.C. 501-520 and 3501-3520; 46
U.S.C. app. 801-848, 876, 1111, and 1701-1720; Reorganization Plan
No. 7 of 1961, 26 FR 7315, August 12, 1961; Pub.L. 89-56, 79 Stat.
195; 5 CFR Part 2638.
Subpart A--Organization and Functions
2. In Sec. 501.3 the heading of paragraph (i) is revised to read as
follows:
Sec. 501.3 Organizational components of the Federal Maritime
Commission.
* * * * *
(i) Bureau of Economics and Agreement Analysis.
* * * * *
3. Section 501.4(b) is revised to read as follows:
Sec. 501.4 Lines of responsibility.
* * * * *
(b) Office of the Managing Director. The Bureau of Economics and
Agreement Analysis; Bureau of Tariffs, Certification and Licensing;
Bureau of Hearing Counsel; Bureau of Administration; and Bureau of
Investigations report to the Office of the Managing Director. The
Offices of Equal Employment Opportunity and of the Inspector General
receive administrative assistance from the Managing Director. All other
units of the Commission receive administrative guidance from the
Managing Director.
* * * * *
4. In Sec. 501.5, paragraphs (f)(1)(i), (g), and (l)(2) are revised
to read as follows:
Sec. 501.5 Functions of the organizational components of the Federal
Maritime Commission.
* * * * *
(f) * * *
(1) * * *
(i) A senior staff official, is responsible to the Chairman for the
management and coordination of Commission programs managed by the
operating Bureaus of Investigations; Hearing Counsel; Administration;
Economics and Agreement Analysis; and Tariffs, Certification and
Licensing, as more fully described in paragraphs (g) through (k) of
this section, and thereby implements the regulatory policies of the
Commission and the administrative policies and directives of the
Chairman;
* * * * *
(g) Under the direction and management of the Bureau Director, the
Bureau of Economics and Agreement Analysis develops and administers
programs in connection with the anticompetitive and cooperative
arrangements and practices of common carriers by water, freight
forwarders and terminal operators in the foreign and domestic commerce
of the U.S., including the filing of common carrier agreements under
section 15 of the Shipping Act, 1916, ocean common carrier agreements
under section 5 of the Shipping Act of 1984, the financial reporting by
ocean common carriers in the domestic offshore trades, and the filing
of agreements by marine terminal operators under section 15 of the
Shipping Act, 1916, and section 5 of the Shipping Act of 1984. The
Bureau provides expert economic testimony and support in formal
proceedings, particularly regarding unfair foreign shipping practices
under section 19 of the Merchant Marine Act, 1920, the Foreign Shipping
Practices Act of 1988, and domestic offshore rate-of-return cases under
the Intercoastal Shipping Act, 1933.
* * * * *
(1) * * *
(2) The Committee on Automated Data Processing is chaired by a
Commissioner designated by the Chairman, and is comprised of the
Directors of the Bureaus of Economics and Agreement Analysis; Tariffs,
Certification and Licensing; Administration; Hearing Counsel; and
Investigations; the General Counsel; the Secretary; the Inspector
General; the Director, Office of Equal Employment Opportunity; the
Chief Administrative Law Judge; a representative from the Chairman's
office; the Deputy Managing Director in charge of the Commission's
Automated Tariff Filing and Information System; and the Director,
Office of Information Resources Management, who serves as Committee
Coordinator for the Committee Chairperson. The Committee meets on an ad
hoc basis to review, evaluate, and recommend to the Chairman, through
the Managing Director, policies and actions on the acquisition,
management, and use of ADP equipment and services. C.O. No. 98.
* * * * *
Subpart C--Delegation and Redelegation of Authorities
5. Section 501.24(h) is revised to read as follows:
Sec. 501.24 Delegation to the Secretary.
* * * * *
(h) Authority, after consultation with the Director, Bureau of
Economic and Agreement Analysis, to rule on requests to file amendments
or supplements to documents concerning pending section 15 agreements,
which are filed pursuant to Sec. 560.602(e) of this chapter.
* * * * *
6. The heading and introductory text to Sec. 501.26 is revised to
read as follows:
Sec. 501.26 Delegation to the Director, Bureau of Economics and
Agreement Analysis.
The authorities listed in this section are delegated to the
Director, Bureau of Economics and Agreement Analysis.
* * * * *
Subpart D--Public Requests for Information
7. Section 501.41(c)(7) is revised to read as follows:
Sec. 501.41 Public requests for information and decisions.
* * * * *
(c) * * *
(7) Bureau of Economics and Agreement Analysis;
* * * * *
8. Appendix A to Part 501 is revised as follows:
BILLING CODE 6730-01-M
TR29DE94.002
BILLING CODE 6730-01-C
PART 552--FINANCIAL REPORTS OF VESSELS OPERATING COMMON CARRIERS BY
WATER IN THE DOMESTIC OFFSHORE TRADES
9. The authority citation for part 552 continues to read as
follows:
Authority: 5 U.S.C. 553; 46 U.S.C. app. 817(a), 820, 841a, 843,
844, 845, 845a and 847.
10. Section 552.2(a) is revised to read as follows:
Sec. 552.2 General requirements.
(a) All persons engaged in common carriage via cargo vessels in the
domestic offshore trades (except persons engaged in intrastate
operations in Alaska and Hawaii) and required by the Intercoastal
Shipping Act, 1933, to file tariffs with the Commission, shall execute
and file, in duplicate, State of Financial and Operating Data
(designated as FMC Form No. 377 for tug and barge operators and FMC
Form No. 378 for vessel operators) for each domestic offshore trade
served, with:
Federal Maritime Commission, Bureau of Economics and Agreement
Analysis, 800 North Capitol Street, N.W., Washington, DC 20573-0001.
* * * * *
PART 560--AGREEMENTS BY COMMON CARRIERS AND OTHER PERSONS SUBJECT
TO THE SHIPPING ACT, 1916
11. The authority citation for part 560 continues to read as
follows:
Authority: 5 U.S.C. 553; 46 U.S.C. app. 814, 817(a), 820, 821,
833a and 841a.
Subpart C--Exemptions
12. Section 560.301(f) is revised to read as follows:
Sec. 560.302 Exemption procedures.
* * * * *
(f) Retention of agreement by parties. Any agreement which has been
exempted by the Commission pursuant to section 35 of the Act shall be
retained by the parties and shall be made available upon request by the
Bureau of Economics and Agreement Analysis for inspection during the
term of the agreement and for a period of three years after its
termination.
Subpart F--Action on Agreements
13. Section 560.602(e) is revised to read as follows:
Sec. 560.602 Comments and protests
* * * * *
(e) Except as provided in this section and Sec. 560.403, or except,
in the case of an unprotested agreement, as the Director, Bureau of
Economics and Agreement Analysis may in his/her discretion initiate, or
unless specifically requested in writing by the Commission, with copies
to the proponents and persons which have filed protests or comments, no
other written or oral communication concerning a pending agreement
shall be permitted. Amendments or supplements to documents submitted
pursuant to Sec. 560.403 and this section shall be permitted in the
discretion of the Commission upon a showing of good cause, except that,
in no case shall such permission be granted where the agreement has
been scheduled and noticed for an agency meeting pursuant to
Sec. 503.82 of this chapter. A change in material fact or in applicable
law occurring after the submission of the initial statement, comment or
protest will normally constitute good cause. Inquiries as to the status
of agreements shall be made to the Secretary of the Commission.
Subpart G--Reporting and Record Retention Requirements
14. Section 560.701(c) is revised to read as follows:
Sec. 560.701 General requirements.
* * * * *
(c) Reports and minutes required to be filed by this subpart may be
filed by direct electronic transmission in lieu of hard copy. Detailed
information on electronic transmission is available from the
Commission's Bureau of Economics and Agreement Analysis. Certification
and signature requirements of this subpart can be met on electronic
transmissions through use of a pre-assigned Personal Identification
Number (PIN) obtained from the Commission. PINs can be obtained by an
official of the filing party by submitting a statement to the
Commission agreeing that inclusion of the PIN in the transmission
constitutes the signature of the official. Only one PIN will be issued
for each agreement. Where a filing party has more than one official
authorized to file minutes or reports, each additional official must
submit such a statement countersigned by the principal official of the
filing party. Each filing official will be issued a unique password. A
PIN or designation of authorized filing officials may be canceled or
changed at any time upon the written request of the principal official
of the filing party. Direct electronic transmission filings may be made
at any time except between the hours of 8:30 a.m. and 2:00 p.m. Eastern
time on Commission business days.
PART 572--AGREEMENTS BY OCEAN COMMON CARRIERS AND OTHER PERSONS
SUBJECT TO THE SHIPPING ACT OF 1984
15. The authority citation for part 572 continues to read as
follows:
Authority: 5 U.S.C. 553, 46 U.S.C. app. 1701-1707, 1709-1710,
1712 and 1714-1717.
Subpart C--Exemptions
16. Section 572.301(f) is revised to read as follows:
Sec. 572.301 Exemption procedures.
* * * * *
(f) Retention of agreement by parties. Any agreement which has been
exempted by the Commission pursuant to section 16 of the Act shall be
retained by the parties and shall be available upon request by the
Bureau of Economics and Agreement Analysis for inspection during the
term of the agreement and for a period of three years after its
termination.
17. Section 572.302(c) is revised to read as follows:
Sec. 572.302 Non-substantive agreement and non-substantive
modifications to existing agreements--exemption.
* * * * *
(c) Parties to agreements may seek a determination from the
Director, Bureau of Economics and Agreement Analysis as to whether a
particular modification is non-substantive.
Subpart F--Action on Agreements
18. Section 572.606(a) is revised to read as follows:
Sec. 572.606 Requests for additional information.
(a) The Commission may request from the filing party any additional
information and documentary material necessary to complete the
statutory review required by section 6 of the Act. The request shall be
made prior to the expiration of the waiting period. All additional
information and documentary material shall be submitted to the
Director, Bureau of Economics and Agreement Analysis, Federal Maritime
Commission, Washington, DC 20573. If the request is not fully complied
with, a statement of reasons for noncompliance shall be provided for
each item or portion of such request which is not fully answered.
* * * * *
Subpart G--Reporting and Record Retention Requirements
19. In Sec. 572.701, paragraphs (a)(1), (a)(2), and (d) are revised
to read as follows:
Sec. 572.70 General requirements
(a)(1) Address. Reports required by this subpart should be
addressed to the Commission as follows: Director, Bureau of Economics
and Agreement Analysis, Federal Maritime Commission, 800 North Capitol
Street, N.W., Washington, D.C. 20573-0001.
The lower, left-hand corner of the envelope in which each report is
forwarded should indicate the subject of the report and the related
agreement number. For example: ``Minutes, Agreement 5000.''
(2) Electronic filing. Reports and minutes required to be filed by
this subpart may be filed by electronic transmission in lieu of hard
copy. Detailed information on electronic transmission is available from
the Commission's Bureau of Economics and Agreement Analysis.
Certification and signature requirements of this subpart can be met on
electronic transmissions through use of a pre-assigned Personal
Identification Number (PIN) obtained from the Commission. PINs can be
obtained by submission by an official of the filing party of a
statement to the Commission agreeing that inclusion of the PIN in the
transmission constitutes the signature of the official. Only one PIN
will be issued for each agreement. Where a filing party has more than
one official authorized to file minutes or reports, each additional
official must submit such a statement countersigned by the principal
official of the filing party. Each filing official will be issued a
unique password. A PIN or designation of authorized filing officials
may be canceled or changed at any time upon the written request of the
principal official of the filing party. Direct electronic transmission
filings may be made at any time except between the hours of 8:30 a.m.
and 2:00 p.m. Eastern time on Commission business days.
* * * * *
(d) Request for documents. Documents may be requested by the
Director, Bureau of Economics and Agreement Analysis in writing by
reference to a specific minute or index, and shall indicate that the
documents will be received in confidence. Requested documents shall be
furnished by the parties within the time specified.
* * * * *
By the Commission.
Joseph C. Polking,
Secretary.
[FR Doc. 94-32005 Filed 12-28-94; 8:45 am]
BILLING CODE 6730-01-M
