[Federal Register Volume 65, Number 95 (Tuesday, May 16, 2000)]
[Proposed Rules]
[Page 31130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12191]


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FEDERAL MARITIME COMMISSION

46 CFR Part 520

[Docket No. 00-07]


Advance Notice of Proposed Rulemaking Concerning Public Access 
Charges to Carrier Automated Tariffs and Tariff Systems Under the Ocean 
Shipping Reform Act of 1998

AGENCY: Federal Maritime Commission.

ACTION: Advance Notice of Proposed Rulemaking.

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SUMMARY: The Federal Maritime Commission is concerned that certain 
tariff access charges and minimum monthly subscription requirements may 
limit the public's ability to access tariffs and tariff systems, 
contrary to the requirements of the Ocean Shipping Reform Act of 1998. 
The Commission, therefore, is seeking public comments to address the 
reasonableness of tariff access charges.

DATES: Comments on or before June 15, 2000.

ADDRESSES: Comments (original and 15 copies) are to be submitted to: 
Bryant L. VanBrakle, Secretary, Federal Maritime Commission, 800 North 
Capitol Street, NW., Washington, DC 20573, (202) 523-5725.

FOR FURTHER INFORMATION CONTACT: Austin L. Schmitt, Director, Bureau of 
Trade Analysis, Federal Maritime Commission, Washington, DC 20573, 
(202) 523-5796.

SUPPLEMENTARY INFORMATION: Effective May 1, 1999, the Ocean Shipping 
Reform Act of 1998 (``OSRA''), Pub. L. 105-258, 112 Stat. 1902, 
modified the Shipping Act of 1984 (``1984 Act''), 46 U.S.C. app. 1701 
et seq. to require common carriers and conferences to publish their 
rates in private, automated tariff systems. OSRA requires these tariffs 
to be made available electronically to any person, without limits on 
time, quantity, or other such limitation, through appropriate access 
from remote locations, and authorizes that ``a reasonable charge'' may 
be assessed for access (except for access by Federal agencies). 46 
U.S.C. app. 1707(a)(2)). In addition, the legislative history 
concerning public access to tariffs provides the following guidance:

The Act's requirement that common carrier tariffs be kept open to 
public inspection is retained. . . . . . . . There should be no 
government constraints on the design of a private tariff publication 
system as long as that system assures the integrity of the common 
carrier's tariff and the tariff system as a whole, and the system 
provides the appropriate level of public access to the common 
carrier's tariff information. S. Rep. No. 61, 105th Cong., 1st Sess. 
at 23 (1997) (emphasis added).

    The Commission believes that in passing OSRA, Congress intended to 
provide the general public access to tariff information at a nominal 
cost. Moreover, most businesses have now embraced the Internet as an 
important and user-friendly means of conveying information to potential 
customers at little or no cost to the customer. The Commission is 
concerned that certain access charges and minimum subscription 
requirements may limit the public's ability to access the carriers' 
tariff information that is now available on the Internet, contrary to 
the intentions of OSRA. Several informal complaints have been received 
by the Commission regarding carrier tariff systems \1\ and the level of 
access charges, while others have questioned the propriety of time and 
quantity restrictions. A Commission staff review of tariff access 
charges indicates the existence of a wide range of charges and/or 
monthly minimums. For example, it has been brought to the Commission's 
attention that in some tariff systems, a public user desiring to check 
one term of a bill of lading or one rate, would have to subscribe to 
the system for a minimum of three months at a cost as high as 
$1,500.\2\
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    \ 1\ Most common carriers and conferences have delegated the 
responsibility for public accessibility, and the authority to assess 
charges for such access, to their agents, the tariff publishers. 
Nevertheless, the Commission will continue to look to common 
carriers and conferences, as the regulated entities, to ensure 
compliance with applicable laws and regulations.
    \2\ On the other hand, our review indicates that of the top ten 
publishers, two tariff publishers have no access charges.
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    Because the charges of some carriers may limit public availability 
and access to tariffs contrary to the intentions of OSRA, the 
Commission is initiating this Advance Notice of Proposed Rulemaking to 
address the issue of a ``reasonable charge'' for tariff access. The 
Commission is seeking comments from interested parties on any aspect of 
this issue, and particularly on the following questions:
    (1) Should the Commission promulgate any regulations or guidelines 
on the subject of ``reasonable charges'' for access to tariffs or 
tariff systems?
    (2) Should a determination of the reasonableness of an access 
charge be based only on whatever additional costs may be incurred by 
carriers in making their tariffs accessible to the public and not 
include any costs for developing or maintaining tariffs that are the 
result of the carriers' responsibilities under OSRA?
    (3) Should the public's cost to access carrier tariffs be similar 
to that encountered in accessing information made available on the 
Internet by other businesses?
    (4) Should the public's cost to access carrier tariffs be 
comparable to that afforded to the public for the entire universe of 
carriers' tariffs under the Commission's former ATFI system?
    (5) Should the number of tariffs accessible within any one system 
be considered in determining a ``reasonable charge''?
    In addition to soliciting the comments of regulated entities and 
tariff publishers, the Commission encourages any interested party to 
comment on these questions and on any experiences associated with the 
costs of accessing carrier tariffs.

    By the Commission.
Bryant L. VanBrakle,
Secretary.
[FR Doc. 00-12191 Filed 5-15-00; 8:45 am]
BILLING CODE 6730-01-P