[Federal Register Volume 60, Number 99 (Tuesday, May 23, 1995)]
[Rules and Regulations]
[Pages 27228-27231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12511]
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FEDERAL MARITIME COMMISSION
46 CFR Parts 501, 502, 503, 504, 514, 515, 550, 552, 560, 572, 580,
581, 582, and 583
[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: Final rule.
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SUMMARY: The Federal Maritime Commission (``Commission'') is removing
its rules relating to 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; and 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. With the full scale implementation
of the Commission's Automated Tariff Filing and Information System
(``ATFI''), which now requires tariffs and service contracts to be
filed electronically, these regulations are no longer necessary. The
Commission is also amending various other regulations to delete
references to removed regulations and add replacement citations.
EFFECTIVE DATE: May 23, 1995.
FOR FURTHER INFORMATION CONTACT: Bryant L. VanBrakle, Director, Bureau
of Tariffs, Certification and Licensing, Federal Maritime Commission,
Washington, D.C. 20573, (202) 523-5796.
SUPPLEMENTARY INFORMATION: The Federal Maritime Commission initiated
this proceeding by publishing a Notice of Proposed Rulemaking (``NPR'')
in the Federal Register on January 12, 1995. The NPR solicited comments
on a proposal to remove certain regulations that governed the filing of
tariffs and service contracts: 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.
The Commission is removing these parts because ATFI is now fully
implemented and all MTO's and common carriers are now required to file
their tariffs and service contracts in electronic format. (See Public
Law 102-582, the High Seas Driftnet Fisheries Enforcement Act, section
502 of which directs 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; see also, 46
CFR Part 514).
The Commission did not receive any comments on the proposal to
remove these regulations. The Commission is therefore adopting the
proposed rule as its final rule; and in addition, the Commission is
amending Parts 501, 502, 503, 504, 514, 552, 560, 572, 582, and 583 to
delete references to the above removed parts and to add replacement
citations. Also, 46 CFR Sec. 514.15 is amended by removing paragraph
(b)(23)(ii) which erroneously refers to Part 525 which was previously
removed by the Commission. These additional changes were not part of
the NPR and are not substantive changes.
The Federal Maritime Commission certifies, pursuant to section
605(b) of the Regulatory Flexibility Act, 5 U.S.C. 605(b), 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 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 an impact upon a
substantial number of small entities.
This final rule does not contain any collection of information
requirements as defined by the Paperwork Reduction Act of 1980, as
amended. Therefore, OMB review is not required.
List of Subjects
46 CFR Part 501
Administrative practice and procedure, Authority delegations
(Government agencies), Organization and functions (Government
agencies), Seals and insignia.
46 CFR Part 502
Administrative practice and procedure, Claims, Equal access to
justice, Investigations, Lawyers, Maritime carriers, Penalties,
Reporting and recordkeeping requirements.
46 CFR Part 503
Classified information, Freedom of information, Privacy, Sunshine
Act.
46 CFR Part 504
Environmental impact statements, Reporting and recordkeeping
requirements.
46 CFR Part 514
Freight, Harbors, Maritime carriers, Reporting and recordkeeping
requirements.
46 CFR Part 515
Freight, Harbors, Reporting and recordkeeping requirements,
Warehouses.
46 CFR Part 550
Maritime carriers, Reporting and recordkeeping requirements.
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.
46 CFR Part 580
Freight, Maritime carriers, Reporting and recordkeeping
requirements.
46 CFR Part 581
Freight, Maritime carriers, Reporting and recordkeeping
requirements.
46 CFR Part 582
Maritime carriers, Penalties, Reporting and recordkeeping
requirements. [[Page 27229]]
46 CFR Part 583
Freight, Maritime carriers, Reporting and recordkeeping
requirements, Surety bonds.
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); chapter IV of title 46 of the
Code of Federal Regulations is amended as follows:
PART 515--[REMOVED]
1. Part 515 is removed.
PART 550--[REMOVED]
2. Part 550 is removed.
PART 580--[REMOVED]
3. Part 580 is removed.
PART 581--[REMOVED]
4. Part 581 is removed.
PART 501--THE FEDERAL MARITIME COMMISSION--GENERAL
5. 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.
6. Section 501.5 is amended by revising the second sentence of
paragraph (h) introductory text to read as follows:
Sec. 501.5 Functions of the organizational components of the Federal
Maritime Commission.
* * * * *
(h) * * * These programs carry out provisions of the Shipping Act,
1933; the Shipping Act of 1984; and Pub. L. 89-777, as implemented
under Parts 510, 514, 540, 552, 582 and 583 of this chapter. * * *
* * * * *
7. Section 501.23 is revised to read as follows:
Sec. 501.23 Delegation to the General Counsel.
The authority listed in this section is delegated to the General
Counsel: Authority to classify carriers as state-controlled carriers
within the meaning of section 3(8) of the Shipping Act of 1984, except
where a carrier submits a rebuttal statement pursuant to
Sec. 514.4(c)(2)(ii) of this chapter.
8. Section 501.27 is amended by revising paragraphs (i), (j), and
(k) to read as follows:
Sec. 501.27 Delegation to and redelegation by the Director, Bureau of
Tariffs, Certification and Licensing.
* * * * *
(i) Authority contained in Sec. 514.7(j) of this chapter to notify
filing parties of the Commission's intent to reject a service contract
and/or statement of essential terms and subsequently reject and return
such contracts.
(j) Authority contained in part 514 of this chapter to approve, but
not deny, requests for permission to correct clerical or administrative
errors in the essential terms of filed service contracts.
(k) Authority contained in parts 514 and 583 of this chapter to
cancel the tariffs of NVOCCs who fail to file a surety bond, guaranty
or insurance policy or, if required, designate an agent for receipt of
process, or whose surety bond or agent designation is canceled.
* * * * *
PART 502--RULES OF PRACTICE AND PROCEDURE
9. The authority citation for Part 502 continues to read as
follows:
Authority: 5 U.S.C. 504, 551, 552, 553, 556(c), 559, 561-569,
571-596; 12 U.S.C. 1141j(a); 18 U.S.C. 207; 26 U.S.C. 501(c)(3); 28
U.S.C. 2112(a); 31 U.S.C. 9701; 46 U.S.C. app. 817, 820, 826, 841a,
1114(b), 1705, 1707-1711, 1713-1716; E.O. 11222 of May 8, 1965 (30
FR 6469); 21 U.S.C. 853a; and Pub. L. 88-777 (46 U.S.C. app. 817d,
817e).
10. Section 502.67 is amended by revising the first sentence of
paragraph (b)(2) to read as follows:
Sec. 502.67 Proceedings under section 3(a) of the Intercoastal
Shipping Act, 1933.
* * * * *
(b) * * *
(2) Protests against across-the-board increases, as defined in
Sec. 514.2 of this chapter, and against other proposed changes in
tariffs filed on at least thirty (30) days' notice, shall be filed and
served no later than twenty (20) days prior to the proposed effective
date of the change. * * *
* * * * *
PART 503--PUBLIC INFORMATION
11. The authority citation for Part 503 continues to read as
follows:
Authority: 5 U.S.C. 552, 552a, 552b, 553; 31 U.S.C. 9701; E.O.
12356, 47 FR 14874, 15557, 3 CFR 1982 Comp., p. 167.
12. Section 503.32 is amended by revising paragraph (d) to read as
follows:
Sec. 503.32 Records generally available.
* * * * *
(d) Terminal tariffs filed pursuant to part 514 of this chapter.
* * * * *
PART 504--PROCEDURES FOR ENVIRONMENTAL POLICY ANALYSIS
13. The authority citation for Part 504 continues to read as
follows:
Authority: 5 U.S.C. 552, 553; secs. 21 and 43 of the Shipping
Act, 1916 (46 U.S.C. app. 820 and 841a); secs. 13 and 17 of the
Shipping Act of 1984 (46 U.S.C. app. 1712 and 1716); sec. 102 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(b) and
sec. 382(b) of the Energy Policy and Conservation Act of 1975 (42
U.S.C. 6362).
14. Section 504.4 is amended by removing the semicolon at the end
of paragraphs (a)(2), (a)(4), and (a)(5) and adding a period in its
place and by revising paragraphs (a)(6) and (a)(7) to read as follows:
Sec. 504.4 Categorical exclusions.
* * * * *
(a) * * *
(6) Consideration of special permission applications filed pursuant
to 46 CFR part 514.
(7) Receipt of terminal tariffs pursuant to 46 CFR part 514.
* * * * *
PART 514--TARIFFS AND SERVICE CONTRACTS
15. 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.
16. Section 514.1 is amended by revising the first sentence of
paragraph (c)(1)(iii)(E) to read as follows:
Sec. 514.1 Scope, purpose, requirements, penalties and fees.
* * * * *
(c) * * *
(1) * * *
(iii) * * *
(E) The tariff(s) of any common carrier who files an anti-rebate
certification after December 31 but before the end of the forty-five
(45) days' notice period will not be canceled; however, the common
carrier will be subject to civil penalties as provided in parts 502 and
582 of this chapter. * * *
* * * * * [[Page 27230]]
Sec. 514.15 [Amended]
17. Section 514.15 is amended by removing and reserving paragraph
(b)(23)(ii).
PART 552--FINANCIAL REPORTS OF VESSEL OPERATING COMMON CARRIERS BY
WATER IN THE DOMESTIC OFFSHORE TRADES
18. The authority citation for Part 552 continues to read as
follows:
Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 46 U.S.C. app. 817(a),
820, 841a, 843, 844, 845, 845a and 847.
19. Section 552.1 is amended by revising the second sentence of
paragraph (a) to read as follows:
Sec. 552.1 Purpose.
(a) * * * Compliance is mandatory and failure to file the reports
required under this part may result in denial of rate increases or
rejection of tariff line items implementing rate changes or penalties
of up to $100 for each day of such default (46 U.S.C. app. 820(a)).
* * * * *
20. Section 552.5 is amended by revising paragraphs (b) and (c) to
read as follows:
Sec. 552.5 Definitions.
* * * * *
(b) The service means those voyages and/or terminal facilities in
which cargo subject to the Commission's regulation under part 514 of
this chapter is either carried or handled.
(c) The trade means that part of the Service subject to the
Commission's regulation under part 514 of this chapter, more
extensively defined under Domestic offshore trade in paragraph (f) of
this section.
* * * * *
PART 560--AGREEMENTS BY COMMON CARRIERS AND OTHER PERSONS SUBJECT
TO THE SHIPPING ACT, 1916
21. The authority citation for Part 560 continues to read as
follows:
Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 46 U.S.C. app. 814,
817(a), 820, 821, 833a, and 841a.
22. Section 560.308 is amended by revising the first sentence of
paragraph (a) introductory text to read as follows:
Sec. 560.308 Marine terminal services agreements--exemption.
(a) Marine terminal services agreement means an agreement,
contract, understanding, arrangement or association, written or oral
(including any modification, cancellation or appendix) between a marine
terminal operator and a common carrier by water in interstate commerce
that applies to marine terminal services as defined in 46 CFR 514.2
(including any marine terminal facilities, as defined in 46 CFR 514.2,
which may be provided incidentally to such marine terminal services)
that are provided to and paid for by a common carrier by water in
interstate commerce. * * *
* * * * *
23. Section 560.702 is amended by revising the last sentence of
paragraph (c) to read as follows:
Sec. 560.702 Filing of minutes--including shippers' requests and
complaints.
* * * * *
(c) * * * This reporting exemption does not apply to discussions
involving general rate policy, general rate changes, the opening or
closing of rates, or discussions involving items, that if adopted,
would be required to be published in other tariff sections as specified
in Part 514 of this chapter.
* * * * *
PART 572--AGREEMENTS BY OCEAN COMMON CARRIERS AND OTHER PERSONS
SUBJECT TO THE SHIPPING ACT OF 1984
24. The authority citation for Part 572 continues to read as
follows:
Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 46 U.S.C. app. 1701-
1707, 1709-1710, 1712 and 1714-1717.
25. Section 572.310 is amended by revising the first sentence of
paragraph (a) introductory text to read as follows:
Sec. 572.310 Marine terminal services agreements-- exemption
(a) Marine terminal services agreement means an agreement,
contract, understanding, arrangement or association, written or oral
(including any modification, cancellation or appendix) between a marine
terminal operator and an ocean common carrier that applies to marine
terminal services as defined in 46 CFR 514.2 (including any marine
terminal facilities, as defined in 46 CFR 514.2, which may be provided
incidentally to such marine terminal services) that are provided to and
paid for by an ocean common carrier. * * *
* * * * *
26. Section 572.801 is amended by revising the last sentence of
paragraph (b)(1) to read as follows:
Sec. 572.801 Independent action.
* * * * *
(b) (1) * * * A conference agreement shall not require or permit a
conference member to give more than 10 calendar days' notice to the
conference, except that in the case of a new or increased rate the
notice period shall conform to the requirements of Sec. 514.9(b) of
this chapter.
* * * * *
PART 582--CERTIFICATION OF COMPANY POLICIES AND EFFORTS TO COMBAT
REBATING IN THE FOREIGN COMMERCE OF THE UNITED STATES
27. The authority citation for Part 582 continues to read as
follows:
Authority: 5 U.S.C. 553; 46 U.S.C. app. 1701, 1702, 1707, 1709,
1712, and 1714-1716.
28. Section 582.1 is amended by revising the third sentence of
paragraph (b) to read as follows:
Sec. 582.1 Scope.
* * * * *
(b) * * * Failure of a common carrier to file an anti-rebate
certification and publish notice of certification in its tariffs as
provided by this part and part 514 of this chapter will result in
tariff cancellation effective forty-five (45) days after notice, as
provided in Sec. 514.1(c)(1)(iii)(C) of this chapter or, if an initial
tariff filing, rejection. * * *
PART 583--SURETY FOR NON-VESSEL-OPERATING COMMON CARRIERS
29. The authority citation for Part 583 continues to read as
follows:
Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 46 U.S.C. app. 1702,
1707, 1709, 1710-1712, 1716 and 1721.
30. Section 583.5 is amended by revising paragraphs (d) and (e) to
read as follows:
Sec. 583.5 Resident agent.
* * * * *
(d) Designations of resident agent under paragraphs (a) and (b) of
this section and provisions relating to service of process under
paragraph (c) of this section shall be published in the NVOCC's tariff
in accordance with Sec. 514.15(b)(24) of this chapter.
(e) Every non-vessel-operating common carrier using a group or
association of NVOCCs to cover all or part of its financial
responsibility requirement under Sec. 583.4 shall publish the name and
address of the group or association's resident agent for receipt of
judicial and administrative process, including subpoenas, in its tariff
in accordance with Sec. 514.15(b)(24)(ii) of this chapter.
[[Page 27231]]
31. Section 583.7 is amended by revising paragraphs (b)(2) and
(b)(3) to read as follows:
Sec. 583.7 Proof of Compliance.
* * * * *
(b) * * *
(2) Reviewing a copy of the tariff rule published by the NVOCC and
in effect under Sec. 514.15(b)(24) of this chapter; or
(3) Any other appropriate procedure, provided that such procedure
is set forth in the carrier's tariff of general applicability as
required by Sec. 514.15(b)(25) of this chapter.
* * * * *
By the Commission.
Joseph C. Polking,
Secretary.
[FR Doc. 95-12511 Filed 5-22-95; 8:45 am]
BILLING CODE 6730-01-W
