67368 Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices

Number of annual respondents: The

Commission estimates an annual

respondent universe of 3,267. This

number varies as persons file tariffs.

Estimated time per response: The

average time for preparing and filing

tariffs and service contracts is estimated

at 122 person hours. Estimated time per

respondent for recordkeeping

requirements is estimated at 6 person

hours.

Total Annual Burden: The

Commission estimates the manhour

burden to file foreign tariffs, service

contracts and essential terms at 399,829;

recordkeeping requirements are

estimated at 12,080 person hours.

OMB Approval Number: 3072–0045

(Expires May 31, 1998).

Abstract: The Shipping Act of 1984,

46 U.S.C. app. § 1701 et seq., requires

certain classes of agreements between

and among ocean common carriers and

marine terminal operators to be filed

with the Commission, specifies the

mandatory content of those agreements,

and defines the Commission’s

authorities and responsibilities in

overseeing these agreements. 46 CFR

572 establishes the form and manner for

filing agreements and for the underlying

commercial data necessary to evaluate

agreements.

Needs and Uses: Under its preeffective review process, the

Commission reviews agreement filings

to determine statutory and regulatory

compliance, as well as to assess their

anticompetitive impact. After

agreements becomes effective, the

Commission monitors agreement

activities to ensure continued statutory

and regulatory compliance. To

accomplish this, the Commission

continually gathers, reviews, and

interprets commercial data regarding the

impact of agreements on competition,

prices, and service in the U.S. foreign

commerce.

Frequency: The Commission has no

control over how frequently agreements

are entered into; this is solely a matter

between the negotiating parties. When

parties do reach an agreement that falls

under the jurisdiction of the 1984

Shipping Act, that agreement must be

filed with the Commission. Ongoing

surveillance of agreement activities is

conducted through the review of

minutes and quarterly monitoring

reports filed by the more

anticompetitive agreements.

Type of Respondents: Parties that

enter into agreements subject to the

Commission’s oversight are ocean

common carriers and marine terminal

operators operating in the foreign

oceanborne commerce of the United

States.

Number of Annual Respondents: Over

the last five years the Commission has

averaged 358 agreement filings a year

from an estimated potential universe of

764 regulated entities. Starting in mid1996, certain agreements are required to

file quarterly monitoring reports under

these regulations. The number of annual

respondents under this program will

vary according to the number of

agreements subject to the reporting

obligation. Last year, 235 agreements

were subject; they filed 940 monitoring

reports.

Estimated Time Per Response: The

time for preparing and filing an

agreements can range anywhere from as

little as three staff-hours to as much as

150 staff-hours. The estimated average

burden per respondent is 90 staff-hours.

Time required for preparing monitoring

reports varies according to the

complexity of the filing obligation. Class

C agreements have the least burden, and

it is estimated to be about 20 staff-hours.

Class A/B agreements require more

specific data and hence a greater

burden. It is estimated that Class B

monitoring reports require about 120

staff-hours, and Class A reports about

160 staff-hours. Estimated time per

respondent under the record-keeping

obligations of the regulation is five staffhours.

Total Annual Burden: The total

annual burden on respondents is

estimated at 115,000 staff-hours,

110,000 staff-hours as the filing burden,

and 5,000 staff-hours as the recordkeeping burden. These estimates are

based on anticipated filings over the

next year.

OMB Approval Number: 3072–0001

(Expires May 31, 1998).

Abstract: Qualified persons who

desire to practice before the

Commission must complete and file

Form FMC–12 (Application for

Admission to Practice before the Federal

Maritime Commission) with the

Commission.

Needs and Uses: The Commission

uses data contained in the application to

determine to whether applicant have the

necessary qualifications to enable them

to represent others in matters before the

Commission.

Frequency: The collection of the

information is on a one-time only basis.

Type of Respondents: Persons

desiring to practice before the

Commission in quasi-judicial hearings.

Number of annual respondents: The

Commission estimates there are

approximately 10 respondents annually

for this one-time response.

Estimated Time per response:

Approximately one hour.

Total Annual Burden: Ten manhours

per year.

Before the Commission submits these

renewal packages to the Office of

Management and Budget, the

Commission is inviting public, written

comments on: (a) whether the proposed

collections of information are necessary

for the proper performance of the

functions of the agency, including

whether the information will have

practical utility; (b) the accuracy of the

Commission’s burden estimates for the

proposed collections of information; (c)

ways to enhance the quality, utility, and

clarity of the information to be

collected; and (d) ways to minimize the

burden of the collections of the

information on respondents, including

through the use of automated collection

techniques or other forms of information

technology.

Ronald D. Murphy,

Assistant Secretary.

[FR Doc. 97–33615 Filed 12–23–97; 8:45 am]

BILLING CODE 6730–01–M

FEDERAL MARITIME COMMISSION

Notice of Agreement(s) Filed

The Commission hereby gives notice

of the filing of the following

agreement(s) under the Shipping Act of

1984.

Interested parties can review or obtain

copies of agreements at the Washington,

DC offices of the Commission, 800

North Capitol Street, N.W., Room 962.

Interested parties may submit comments

on an agreement to the Secretary,

Federal Maritime Commission,

Washington, DC 20573, within 10 days

of the date this notice appears in the

Federal Register.

Agreement No.: 202–010714–023

Title: Trans-Atlantic American Flag

Liner Operators

Parties:

Farrell Lines Incorporated

Lykes Lines Ltd., LLC

Sea-Land Service, Inc.

Synopsis: The proposed amendment

would sectionalize the Agreement’s

geographic scope into three

subsections and would provide for

sectional membership, voting,

independent action, and service

contracting. A member not

participating in a section to which it

otherwise provides service would be

free to act unilaterally with respect

thereto. The amendment also makes a

number of nonsubstantive,

administrative changes to the

Agreement.

Agreement No.: 203–011325–013
Federal Register / Vol. 62, No. 247 / Wednesday, December 24, 1997 / Notices 67369

Title: Westbound Transpacific

Stabilization Agreement

Parties:

American President Lines, Ltd.

Evergreen Marine Corporation

Hanjin Shipping Co., Ltd.

Hapag-Lloyd Container Linie GmbH

Hyundai Merchant Marine Co., Ltd.

Kawasaki Kisen Kaisha, Ltd.

A.P. Moller-Maersk Line

Mitsui O.S.K. Lines

Neptune Orient Lines, Ltd.

Nippon Yusen Kaisha Line

Orient Overseas Container Line, Inc.

P&O Nedlloyd B.V.

P&O Nedlloyd Limited

Sea-Land Service, Inc.

Synopsis: The proposed modification

provides for the parties to exchange

their rates on wastepaper and metal

scrap, to charge only the rates and

changes so declared, and to be subject

to neutral body policing.

Agreement No.: 203–011506–001

Title: Matson/APL Space Sharing

Agreement

Parties:

Matson Navigation Company, Inc.

American President Lines, Ltd.

Synopsis: The proposed modification

expands the geographic scope of the

parties’ space sharing agreement

include ports and points in Mexico.

The modification also revises the

vessels to be used under the

agreement and provides for other

conforming arrangements in

connection with equipment

interchange and stevedoring/terminal

services.

Agreement No.: 202–011528–006

Title: Japan/U.S. Eastbound Freight

Conference

Parties:

American President Lines, Ltd.

Hapag-Lloyd Container Line GMBH

Kawasaki Kisen Kaisha, Ltd.

Mitsui O.S.K. Lines, Ltd.

A.P. Moller-Maersk Line

Neptune Orient Lines Limited

Orient Overseas Container Line

(U.S.A.)

P&O Nedlloyd B.V.

P&O Nedlloyd Limited

Sea-Land Service, Inc.

Wilhelmsen Lines AS

Synopsis: The proposed amendment

provides that P&O Nedlloyd, B.V. and

P&O Nedlloyd Limited shall be

considered a single member for voting

and quorum purposes in conducting

the Agreement’s business.

Agreement No.: 224–200147–005

Title: Jacksonville Port Authority/SeaLand Service, Inc., Marine Terminal

Agreement

Parties:

Jacksonville Port Authority

Sea-Land Service, Inc.

Synopsis: The proposed modification

permits Sea-Land to exercise its

renewal option by extending the

terms until October 31, 2001. In

addition, the modification amends

Section 4, Rental, in its entirety;

revises Exhibit D—Throughput Rates;

and increases the fees and charges for

the rental and throughput rates.

Dated: December 18, 1997.

By Order of the Federal Maritime

Commission.

Ronald D. Murphy,

Assistant Secretary.

[FR Doc. 97–33506 Filed 12–23–97; 8:45 am]

BILLING CODE 6730–01–M

FEDERAL MARITIME COMMISSION

[Docket No. 97–24]

Trade Net, Inc. v. Cho Yang Shipping

Co., LTD.; Notice of Filing of Complaint

and Assignment

Notice is given that a complaint filed

by Trade Net, Inc. (‘‘Complainant’’)

against Cho Yang Shipping Co., Ltd.

(‘‘Respondent’’) was served December

19, 1997. Complainant alleges that

Respondent has violated section 8(c) of

the Shipping Act of 1984 (‘‘the Act’’), 46

U.S.C. app. § 1707, by failing and

refusing to make available the essential

terms of a service contract to

Complainant, a similarly situated

shipper, on the same basis as they have

been made applicable to the original

contract shipper.

This proceeding has been assigned to

the office of Administrative Law Judges.

Hearing in this matter, if any is held,

shall commence within the time

limitations prescribed in 46 CFR 502.61,

and only after consideration has been

given by the parties and the presiding

officer to the use of alternative forms of

dispute resolution. The hearing shall

include oral testimony and crossexamination in the discretion of the

presiding officer only upon proper

showing that there are genuine issues of

material fact that cannot be resolved on

the basis of sworn statements, affidavits,

depositions, or other documents or that

the nature of the matter in issue in such

that an oral hearing and crossexamination are necessary for the

development of an adequate record.

Pursuant to the further terms of 46 CFR

502.61, the initial decision of the

presiding officer in this proceeding shall

be issued by December 21, 1998, and the

final decision of the Commission shall

be issued by April 20, 1999.

Ronald D. Murphy,

Assistant Secretary.

[FR Doc. 97–33614 Filed 12–23–97; 8:45 am]

BILLING CODE 6730–01–M

FEDERAL MARITIME COMMISSION

Small Business Regulatory

Enforcement Fairness Act:

Implementation

AGENCY: Federal Maritime Commission.

ACTION: Notice.

SUMMARY: On March 29, 1996, Public

Law 104–121 was enacted. Title II of the

bill, called the ‘‘Small Business

Regulatory Enforcement Fairness Act of

1996’’ (‘‘SBREFA’’), affects the Federal

Maritime Commission’s

(‘‘Commission’’) rulemaking procedures

and will attach additional requirements

to other Commission regulatory activity

that may impact upon small businesses.

This Notice defines ‘‘small business’’

for Commission regulatory purposes;

announces new procedures for

rulemakings affecting small businesses;

and establishes two programs required

by SBREFA: (1) A program for

responding to certain informal inquiries

from small businesses; and (2) a policy

regarding reduction or waiver of civil

penalties in certain cases involving

small businesses.

EFFECTIVE DATE: December 24, 1997.

FOR FURTHER INFORMATION CONTACT:

Vern W. Hill, Director, Bureau of

Enforcement, Federal Maritime

Commission, 800 North Capitol Street,

NW., Washington, DC 20573, (202) 523–

5783.

SUPPLEMENTARY INFORMATION: Sections

202–245, Title II of Public Law 104–121,

effective June 27, 1996, place a number

of obligations on the Commission

whenever it regulates ‘‘small business

concerns’’ as defined by 15 U.S.C. 632

and regulations issued thereunder by

the Small Business Administration

(‘‘SBA’’).

‘‘Small Business ’’ Defined

Initially, the Commission must decide

whether to adopt the SBA’s definitions

of ‘‘small business’’ as being appropriate

for the Commission’s regulatory

purposes. Alternatively, the

Commission may, after consultation

with the Office of Advocacy of the SBA,

and after providing opportunity for

public comment, establish its own

standards for determining which of its

regulated entities should appropriately

be considered small businesses within

the context of Commission regulation,