[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Rules and Regulations]
[Pages 40530-40531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19781]
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FEDERAL MARITIME COMMISSION
46 CFR Part 572
[Docket No. 94-31]
Information Form and Post-Effective Reporting Requirements for
Agreements Among Ocean Common Carriers Subject to the Shipping Act of
1984
AGENCY: Federal Maritime Commission.
ACTION: Amendments to final rule.
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SUMMARY: The Federal Maritime Commission is amending the final rule in
this proceeding so that monitoring reports will be due within 75 days
of the end of each calendar quarter, rather than 30 days as presently
required. The intent of this amendment is to allow carriers subject to
monitoring report obligations adequate time to gather, organize and
submit all required data. In addition, the Commission is amending the
final rule to provide that annual classification of agreements for
monitoring purposes will be done on the basis of second-quarter market
share, rather than third-quarter market-share as presently required.
The purpose of this amendment is to ensure adequate time for the
submission and review of such data before the end of each calendar
year.
EFFECTIVE DATE: August 5, 1996.
FOR FURTHER INFORMATION CONTACT: Austin L. Schmitt, Director, Bureau of
Economics and Agreement Analysis, Federal Maritime Commission, 800
North Capitol Street, NW., Washington, DC 20573-0001, (202) 523-5787.
SUPPLEMENTARY INFORMATION: In Docket No. 94-31, Information Form and
Post-Effective Reporting Requirements for Agreements Among Ocean Common
Carriers Subject to the Shipping Act of 1984, the Federal Maritime
Commission amended its regulations set forth in 46 CFR part 572
governing the filing, processing and review of agreements subject to
the Shipping Act of 1984. 61 FR 11564 (Mar. 21, 1996). 46 CFR
572.701(f) provides in part that Monitoring Reports shall be filed
within 30 days of the end of each calendar quarter. Id. at 11,576. Upon
further consideration, the Commission has determined that ocean common
carriers subject to Monitoring Report obligations need additional time
to gather, organize and submit all required data. Accordingly, 46 CFR
572.701(f) is amended to provide that Monitoring Reports shall be filed
within 75 days of the end of each calendar quarter.
In addition, 46 CFR 572.702(b) provides in part that the
Commission's Bureau of Economics and Agreement Analysis shall determine
the monitoring obligations for certain kinds of agreements for each
upcoming calendar year, based on the market share data reported on the
agreements' Monitoring Reports for the previous third quarter (July-
September). 61 FR at 11,577. Upon further consideration, the Commission
has determined that third-quarter data would not be available to
agreement carriers in time to allow for the orderly submission and
review of such data before the end of each calendar year. Accordingly,
monitoring classifications will be done on the basis of market share
data for the previous second quarter (April-June).
Notice and opportunity for public comment were not necessary prior
to issuance of these amendments because they liberalize existing
requirements and are less burdensome on the public. For the same
reasons, the amendments are effective upon publication in the Federal
Register, rather than being delayed for 30 days. 5 U.S.C. 553.
List of Subjects in 46 CFR Part 572
Administrative practice and procedure; Maritime carriers; Reporting
and recordkeeping requirements.
Therefore, pursuant to 5 U.S.C. 553 and sections 4, 5, 6, 10, 15
and 17 of the Shipping Act of 1984, 46 U.S.C. app. 1703, 1704, 1705,
1709, 1714 and 1716, Part 572 of Title 46, Code of Federal Regulations,
is amended as follows:
PART 572--AGREEMENTS BY OCEAN COMMON CARRIERS AND OTHER PERSONS
SUBJECT TO THE SHIPPING ACT OF 1984
1. 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.
2. In Sec. 572.701, the first sentence of paragraph (f) is revised
as follows:
Sec. 572.701 General requirements.
* * * * *
(f) Time for filing. Monitoring Reports shall be filed within 75
days of the end of each calendar quarter. * * *
* * * * *
3. In Sec. 572.702, the second sentence of paragraph (b) is revised
as follows:
[[Page 40531]]
Sec. 572.702 Agreements subject to Monitoring Report requirements.
* * * * *
(b) * * * Thereafter, before the beginning of each calendar year,
the Bureau of Economics and Agreement Analysis shall determine whether
the agreement should be classified as ``Class A'' or ``Class B'' for
that year, based on the market share data reported on the agreement's
quarterly Monitoring Report for the previous second quarter (April-
June).
* * * * *
By the Commission.
Joseph C. Polking,
Secretary.
[FR Doc. 96-19781 Filed 8-2-96; 8:45 am]
BILLING CODE 6730-01-M
