[Federal Register Volume 60, Number 168 (Wednesday, August 30, 1995)]
[Proposed Rules]
[Pages 45125-45127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21547]
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[[Page 45126]]
FEDERAL MARITIME COMMISSION
46 CFR Part 514
[Docket No. 95-13]
Automated Tariff Filing and Information System
AGENCY: Federal Maritime Commission.
ACTION: Proposed rule.
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SUMMARY: The Federal Maritime Commission (``Commission'' or ``FMC'')
proposes to amend its rules 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 proposed rule also
makes it clear that this requirement cannot be circumvented by sharing,
loaning or using logon IDs or passwords assigned to others. The
Commission also proposes to amend its rules to permit 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 would no longer be provided.
DATES: Comments must be submitted on or before September 19, 1995.
ADDRESSES: Comments (original and 15 copies) to: Joseph C. Polking,
Secretary, Federal Maritime Commission, 800 North Capitol Street NW.,
Washington, DC 20573
FOR FURTHER INFORMATION CONTACT:
Doris J. Spencer, Director, Office of Information Resources Management,
Federal Maritime Commission, 800 North Capitol Street NW., Washington,
DC 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 proposes to amend Sec. 514.8 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 proposed rule also makes it clear that this requirement
can not be circumvented by sharing, loaning or using logon IDs or
passwords assigned to others.
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 proposes to implement the capability for 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. The user fee for each daily update
is $61.
The Commission certifies pursuant to section 605(b) of the
Regulatory Flexibility Act, 5 U.S.C. 605(b), that this proposed 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 proposed rule does not contain any collection of information
requirements as defined by the Paperwork Reduction Act of 1980, 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 record
keeping requirements.
Part 514 of Title 46 of the Code of Federal Regulations is proposed
to be 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.
* * * * *
[[Page 45127]]
3. In Sec. 514.20, paragraph (d) is revised to read as follows:
Sec. 514.20 Retrieval.
* * * * *
(d) Batch retrieval through database 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 who
have prepaid the fees for daily updates. 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. 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
subscriber is 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. 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 $61 per daily update.
(2) Persons requesting daily updates on tape must supply the tapes
and pay $61 per daily update.
* * * * *
By the Commission.
Joseph C. Polking,
Secretary.
[FR Doc. 95-21547 Filed 8-29-95; 8:45 am]
BILLING CODE 6730-01-M
