[Federal Register Volume 64, Number 145 (Thursday, July 29, 1999)]
[Rules and Regulations]
[Pages 41041-41042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19325]
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FEDERAL MARITIME COMMISSION
46 CFR Part 530
[Docket No. 99-12]
Termination of Dial-Up Service Contract Filing System
AGENCY: Federal Maritime Commission.
ACTION: Final rule.
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SUMMARY: This final rule implements the Federal Maritime Commission's
full transition to the internet-based service contract filing system
and removes all references to the dial-up filing system.
DATES: Effective date October 1, 1999.
FOR FURTHER INFORMATION CONTACT:
Austin L. Schmitt, Director, Bureau of Tariffs, Certification and
Licensing, Federal Maritime Commission, 800 North Capitol Street, NW,
Washington, DC 20573-0001, (202) 523-5796
Thomas Panebianco, General Counsel, Federal Maritime Commission, 800
North Capitol Street, NW, Washington, DC 20573-0001, (202) 523-5740
SUPPLEMENTARY INFORMATION: In Docket No. 98-30, Service Contracts
Subject to the Shipping Act of 1984, the Federal Maritime Commission
(``FMC'' or ``Commission'') implemented new rules governing the filing
of service contracts to reflect changes made to the Shipping Act of
1984, 46 U.S.C. app. sec. 1701 et seq., by the Ocean Shipping Reform
Act of 1998, Pub. L. 105-258, 112 Stat. 1902. In that rulemaking, the
Commission adopted an internet-based service contract filing system
effective May 1, 1999. The Commission also retained its dial-up system
for service contract filing for a limited time to allow for a smooth
transition to the internet-based system.
In the interim final rule in Docket No. 98-30, effective March 1,
1999, and published in the Federal Register March 8, 1999, the
Commission stated:
Interactive internet filing of service contracts with the
Commission will be provided, and while the dial-up system will be
available, the Commission expects to phase it out as soon as
possible, but certainly no later than the end of Fiscal Year 1999.
64 FR 11186, 11195. Accordingly, the purpose of this final rule is to
implement the anticipated requirement that all service contracts be
filed through the Commission's internet-based service contract filing
system no later than October 1, 1999. The dial-up system will be shut
down and no service contract filings will be accepted in the dial-up
system after September 30, 1999. Users who currently use the dial-up
system for filing service contracts must, on a timely basis, submit an
amendment to their Form FMC-83 (Registration) to obtain the new log-on
IDs and passwords necessary to file in the internet system.
Notice and an opportunity for public comment are not necessary
prior to the issuance of this final rule inasmuch as both were provided
previously in the course of the rulemaking for Docket No. 98-30. See
Notice of Proposed Rulemaking, 63 FR 71062 (December 23, 1998); Interim
Final Rule, 64 FR 11186
[[Page 41042]]
(March 8, 1999); and Final Rule, 64 FR 23782 (May 4, 1999).
In accordance with the Regulatory Flexibility Act, 5 U.S.C. 601 et
seq., the Chairman of the Federal Maritime Commission has certified to
the Chief Counsel for Advocacy, Small Business Administration, that the
rule will not have a significant impact on a substantial number of
small entities. The affected universe of the parties is limited to
vessel-operating common carriers. The Commission has determined that
these entities do not come under the programs and policies mandated by
the Small Business Regulatory Enforcement Fairness Act as they
typically exceed the threshold figures for number of employees and/or
annual receipts to qualify as a small entity under Small Business
Administration guidelines.
This regulatory action is not a ``major rule'' under 5 U.S.C.
804(2).
List of Subjects for 46 CFR part 530
Freight, Maritime carriers, Reporting and recordkeeping
requirements.
Accordingly, the FMC amends 46 CFR part 530 as follows:
PART 530--SERVICE CONTRACTS
1. The authority citation for part 530 continues to read as
follows:
Authority: 5 U.S.C. App. 1704, 1705, 1707, 1716.
2. Amend Sec. 530.3 to revise paragraph (k) as follows:
Sec. 530.3 Definitions.
* * * * *
(k) File or filing (of service contracts or amendments thereto)
means the use of the Commission's electronic filing system for receipt
of a service contract or an amendment thereto by the Commission,
consistent with the method set forth in Appendix A of this part, and
the recording of its receipt by the Commission.
* * * * *
3. Amend Sec. 530.5 to revise paragraph (c)(1) and remove
paragraphs (c)(3), (c)(4) and (c)(5) to read as follows:
Sec. 530.5 Duty to file.
* * * * *
(c) Registration. (1) Application. Authority to file or delegate
the authority to file must be requested by a responsible official of
the service contract carrier in writing by submitting to BTCL the
Registration Form (FMC-83) in Exhibit 1 to this part.
* * * * *
4. Amend Sec. 530.8 to revise paragraphs (a) and (c) to read as
follows:
Sec. 530.8 Service contracts.
(a) Authorized persons shall file with BTCL, in the manner set
forth in Appendix A of this part, a true and complete copy of every
service contract or amendment to a filed service contract before any
cargo moves pursuant to that service contract or amendment.
* * * * *
(c) Certainty of terms. The terms described in paragraph (b) of
this section may not:
(1) Be uncertain, vague or ambiguous; or
(2) Make reference to terms not explicitly contained in the service
contract itself unless those terms are contained in a publication
widely available to the public and well known within the industry.
* * * * *
Sec. 530.11 [Removed and Reserved]
5. Remove and reserve Sec. 530.11.
6. Revise Appendix A to part 530 to read as follows:
Appendix A to Part 530--Instructions for the Filing of Service
Contracts
Service contracts shall be filed in accordance with the
instructions found on the Commission's home page, http://
www.fmc.gov.
A. Registration, Log-on ID and Password
To register for filing, a carrier, conference, agreement or
publisher must submit the Service Contract Registration Form (Form
FMC-83) to BTCL. A separate Service Contract Registration Form is
required for each individual that will file service contracts. BTCL
will direct OIRM to provide approved filers with a log-on ID and
password. Filers who wish a third party (publisher) to file their
service contracts must so indicate on Form FMC-83. Authority for
organizational filing can be transferred by submitting an amended
registration form requesting the assignment of a new log-on ID and
password. The original log-on ID will be canceled when a replacement
log-on ID is issued. Log-on IDs and passwords may not be shared
with, loaned to or used by any individual other than the individual
registrant. The Commission reserves the right to disable any log-on
ID that is shared with, loaned to or used by parties other than the
registrant.
B. Filing
After receiving a log-on ID and a password, a filer may log-on
to the service contract filing area on the Commission's home page
and file service contracts. The filing screen will request such
information as: filer name, Registered Persons Index (``RPI'')
number and carrier RPI number (if different); Service Contract and
amendment number; and effective date. The filer will attach the
entire service contract file and submit it into the system. When the
service contract has been submitted for filing, the system will
assign a filing date and an FMC control number, both of which will
be included in the acknowledgment/confirmation message.
By the Commission.
Bryant L. VanBrakle,
Secretary.
[FR Doc. 99-19325 Filed 7-28-99; 8:45 am]
BILLING CODE 6730-01-P
