[Federal Register Volume 60, Number 99 (Tuesday, May 23, 1995)]
[Rules and Regulations]
[Pages 27228-27231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12511]



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FEDERAL MARITIME COMMISSION

46 CFR Parts 501, 502, 503, 504, 514, 515, 550, 552, 560, 572, 580, 
581, 582, and 583

[Docket No. 95-01]


Filing of Tariffs by Marine Terminal Operators, Publishing, 
Filing and Posting of Tariffs in Domestic Offshore Commerce; Publishing 
and Filing of Tariffs by Common Carriers in the Foreign Commerce of the 
United States; Service Contracts

AGENCY: Federal Maritime Commission.

ACTION: Final rule.

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SUMMARY: The Federal Maritime Commission (``Commission'') is removing 
its rules relating to Filing of Tariffs by Marine Terminal Operators; 
Publishing, Filing and Posting of Tariffs in Domestic Offshore 
Commerce; Publishing and Filing of Tariffs by Common Carriers in the 
Foreign Commerce of the United States; and Service Contracts. These 
regulations contain the guidelines, standards, and procedures for 
marine terminal operators (``MTO's'') and common carriers by water to 
file and publish their tariffs and/or service contract essential terms 
with the Commission in paper format. With the full scale implementation 
of the Commission's Automated Tariff Filing and Information System 
(``ATFI''), which now requires tariffs and service contracts to be 
filed electronically, these regulations are no longer necessary. The 
Commission is also amending various other regulations to delete 
references to removed regulations and add replacement citations.

EFFECTIVE DATE: May 23, 1995.

FOR FURTHER INFORMATION CONTACT: Bryant L. VanBrakle, Director, Bureau 
of Tariffs, Certification and Licensing, Federal Maritime Commission, 
Washington, D.C. 20573, (202) 523-5796.

SUPPLEMENTARY INFORMATION: The Federal Maritime Commission initiated 
this proceeding by publishing a Notice of Proposed Rulemaking (``NPR'') 
in the Federal Register on January 12, 1995. The NPR solicited comments 
on a proposal to remove certain regulations that governed the filing of 
tariffs and service contracts: 46 CFR Part 515, Filing of Tariffs by 
Marine Terminal Operators; 46 CFR Part 550, Publishing, Filing and 
Posting of Tariffs in Domestic Offshore Commerce; 46 CFR Part 580, 
Publishing and Filing of Tariffs by Common Carriers in the Foreign 
Commerce of the United States; and 46 CFR Part 581, Service Contracts.
    The Commission is removing these parts because ATFI is now fully 
implemented and all MTO's and common carriers are now required to file 
their tariffs and service contracts in electronic format. (See Public 
Law 102-582, the High Seas Driftnet Fisheries Enforcement Act, section 
502 of which directs carriers to ``file electronically with the 
Commission all tariffs and all essential terms of service contracts 
required to be filed'' by the 1916, 1933, or 1984 Acts; see also, 46 
CFR Part 514).
    The Commission did not receive any comments on the proposal to 
remove these regulations. The Commission is therefore adopting the 
proposed rule as its final rule; and in addition, the Commission is 
amending Parts 501, 502, 503, 504, 514, 552, 560, 572, 582, and 583 to 
delete references to the above removed parts and to add replacement 
citations. Also, 46 CFR Sec. 514.15 is amended by removing paragraph 
(b)(23)(ii) which erroneously refers to Part 525 which was previously 
removed by the Commission. These additional changes were not part of 
the NPR and are not substantive changes.
    The Federal Maritime Commission certifies, pursuant to section 
605(b) of the Regulatory Flexibility Act, 5 U.S.C. 605(b), that this 
final rule will not have a significant economic impact on a substantial 
number of small entities, including small businesses, small 
organizational units, and small governmental organizations. ``The 
criteria contained in this section requires the agency head to examine 
both the degree of impact as well as the dispersion of that impact.'' 
S. Rep. No. 878, 96th Cong., 2d Sess. 14 (1980) reprinted at 1980 U.S. 
Code Cong. and Admin. News, p. 2788 at 2801. The Commission does not 
believe that the removal of Parts 515, 550, 580 and 581 under the 
circumstances described above will result in an impact upon a 
substantial number of small entities.
    This final rule does not contain any collection of information 
requirements as defined by the Paperwork Reduction Act of 1980, as 
amended. Therefore, OMB review is not required.

List of Subjects

46 CFR Part 501

    Administrative practice and procedure, Authority delegations 
(Government agencies), Organization and functions (Government 
agencies), Seals and insignia.
46 CFR Part 502

    Administrative practice and procedure, Claims, Equal access to 
justice, Investigations, Lawyers, Maritime carriers, Penalties, 
Reporting and recordkeeping requirements.

46 CFR Part 503

    Classified information, Freedom of information, Privacy, Sunshine 
Act.

46 CFR Part 504

    Environmental impact statements, Reporting and recordkeeping 
requirements.

46 CFR Part 514

    Freight, Harbors, Maritime carriers, Reporting and recordkeeping 
requirements.

46 CFR Part 515

    Freight, Harbors, Reporting and recordkeeping requirements, 
Warehouses.

46 CFR Part 550

    Maritime carriers, Reporting and recordkeeping requirements.

46 CFR Part 552

    Maritime carriers, Reporting and recordkeeping requirements, 
Uniform System of Accounts.

46 CFR Part 560

    Administrative practice and procedure, Antitrust, Freight, Maritime 
carriers, Penalties, Reporting and recordkeeping requirements.

46 CFR Part 572

    Administrative practice and procedure, Maritime carriers, Reporting 
and recordkeeping requirements.

46 CFR Part 580

    Freight, Maritime carriers, Reporting and recordkeeping 
requirements.

46 CFR Part 581

    Freight, Maritime carriers, Reporting and recordkeeping 
requirements.

46 CFR Part 582

    Maritime carriers, Penalties, Reporting and recordkeeping 
requirements. [[Page 27229]] 

46 CFR Part 583

    Freight, Maritime carriers, Reporting and recordkeeping 
requirements, Surety bonds.

    Therefore, pursuant to 5 U.S.C. 553; sections 17 and 43 of the 
Shipping Act, 1916 (46 U.S.C. app. 816, 841(a)); sections 2, 3, 4, and 
5 of the Intercoastal Shipping Act, 1933 (46 U.S.C. app. 843, 844, 845, 
845(a), 845(b), 847); sections 8, 10, and 17 of the Shipping Act of 
1984 (46 U.S.C. app. 1707, 1709, 1716); chapter IV of title 46 of the 
Code of Federal Regulations is amended as follows:

PART 515--[REMOVED]

    1. Part 515 is removed.

PART 550--[REMOVED]

    2. Part 550 is removed.

PART 580--[REMOVED]

    3. Part 580 is removed.

PART 581--[REMOVED]

    4. Part 581 is removed.

PART 501--THE FEDERAL MARITIME COMMISSION--GENERAL

    5. The authority citation for Part 501 continues to read as 
follows:

    Authority: 5 U.S.C. 551-557, 701-706, 2903 and 6304; 31 U.S.C. 
3721; 41 U.S.C. 414 and 418; 44 U.S.C. 501-520 and 3501-3520; 46 
U.S.C. app. 801-848, 876, 1111, and 1701-1720; Reorganization Plan 
No. 7 of 1961, 26 FR 7315, August 12, 1961; Pub. L. 89-56, 79 Stat. 
195; 5 CFR Part 2638.

    6. Section 501.5 is amended by revising the second sentence of 
paragraph (h) introductory text to read as follows:


Sec. 501.5  Functions of the organizational components of the Federal 
Maritime Commission.

* * * * *
    (h) * * * These programs carry out provisions of the Shipping Act, 
1933; the Shipping Act of 1984; and Pub. L. 89-777, as implemented 
under Parts 510, 514, 540, 552, 582 and 583 of this chapter. * * *
* * * * *
    7. Section 501.23 is revised to read as follows:


Sec. 501.23  Delegation to the General Counsel.

    The authority listed in this section is delegated to the General 
Counsel: Authority to classify carriers as state-controlled carriers 
within the meaning of section 3(8) of the Shipping Act of 1984, except 
where a carrier submits a rebuttal statement pursuant to 
Sec. 514.4(c)(2)(ii) of this chapter.
    8. Section 501.27 is amended by revising paragraphs (i), (j), and 
(k) to read as follows:


Sec. 501.27  Delegation to and redelegation by the Director, Bureau of 
Tariffs, Certification and Licensing.

* * * * *
    (i) Authority contained in Sec. 514.7(j) of this chapter to notify 
filing parties of the Commission's intent to reject a service contract 
and/or statement of essential terms and subsequently reject and return 
such contracts.
    (j) Authority contained in part 514 of this chapter to approve, but 
not deny, requests for permission to correct clerical or administrative 
errors in the essential terms of filed service contracts.
    (k) Authority contained in parts 514 and 583 of this chapter to 
cancel the tariffs of NVOCCs who fail to file a surety bond, guaranty 
or insurance policy or, if required, designate an agent for receipt of 
process, or whose surety bond or agent designation is canceled.
* * * * *

PART 502--RULES OF PRACTICE AND PROCEDURE

    9. The authority citation for Part 502 continues to read as 
follows:

    Authority: 5 U.S.C. 504, 551, 552, 553, 556(c), 559, 561-569, 
571-596; 12 U.S.C. 1141j(a); 18 U.S.C. 207; 26 U.S.C. 501(c)(3); 28 
U.S.C. 2112(a); 31 U.S.C. 9701; 46 U.S.C. app. 817, 820, 826, 841a, 
1114(b), 1705, 1707-1711, 1713-1716; E.O. 11222 of May 8, 1965 (30 
FR 6469); 21 U.S.C. 853a; and Pub. L. 88-777 (46 U.S.C. app. 817d, 
817e).

    10. Section 502.67 is amended by revising the first sentence of 
paragraph (b)(2) to read as follows:


Sec. 502.67  Proceedings under section 3(a) of the Intercoastal 
Shipping Act, 1933.

* * * * *
    (b) * * *
    (2) Protests against across-the-board increases, as defined in 
Sec. 514.2 of this chapter, and against other proposed changes in 
tariffs filed on at least thirty (30) days' notice, shall be filed and 
served no later than twenty (20) days prior to the proposed effective 
date of the change. * * *
* * * * *
PART 503--PUBLIC INFORMATION

    11. The authority citation for Part 503 continues to read as 
follows:

    Authority: 5 U.S.C. 552, 552a, 552b, 553; 31 U.S.C. 9701; E.O. 
12356, 47 FR 14874, 15557, 3 CFR 1982 Comp., p. 167.

    12. Section 503.32 is amended by revising paragraph (d) to read as 
follows:


Sec. 503.32  Records generally available.

* * * * *
    (d) Terminal tariffs filed pursuant to part 514 of this chapter.
* * * * *

PART 504--PROCEDURES FOR ENVIRONMENTAL POLICY ANALYSIS

    13. The authority citation for Part 504 continues to read as 
follows:

    Authority: 5 U.S.C. 552, 553; secs. 21 and 43 of the Shipping 
Act, 1916 (46 U.S.C. app. 820 and 841a); secs. 13 and 17 of the 
Shipping Act of 1984 (46 U.S.C. app. 1712 and 1716); sec. 102 of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(b) and 
sec. 382(b) of the Energy Policy and Conservation Act of 1975 (42 
U.S.C. 6362).

    14. Section 504.4 is amended by removing the semicolon at the end 
of paragraphs (a)(2), (a)(4), and (a)(5) and adding a period in its 
place and by revising paragraphs (a)(6) and (a)(7) to read as follows:


Sec. 504.4  Categorical exclusions.

* * * * *
    (a) * * *
    (6) Consideration of special permission applications filed pursuant 
to 46 CFR part 514.
    (7) Receipt of terminal tariffs pursuant to 46 CFR part 514.
* * * * *

PART 514--TARIFFS AND SERVICE CONTRACTS

    15. 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.

    16. Section 514.1 is amended by revising the first sentence of 
paragraph (c)(1)(iii)(E) to read as follows:


Sec. 514.1  Scope, purpose, requirements, penalties and fees.

* * * * *
    (c) * * *
    (1) * * *
    (iii) * * *
    (E) The tariff(s) of any common carrier who files an anti-rebate 
certification after December 31 but before the end of the forty-five 
(45) days' notice period will not be canceled; however, the common 
carrier will be subject to civil penalties as provided in parts 502 and 
582 of this chapter. * * *
* * * * * [[Page 27230]] 


Sec. 514.15  [Amended]

    17. Section 514.15 is amended by removing and reserving paragraph 
(b)(23)(ii).

PART 552--FINANCIAL REPORTS OF VESSEL OPERATING COMMON CARRIERS BY 
WATER IN THE DOMESTIC OFFSHORE TRADES

    18. The authority citation for Part 552 continues to read as 
follows:

    Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 46 U.S.C. app. 817(a), 
820, 841a, 843, 844, 845, 845a and 847.

    19. Section 552.1 is amended by revising the second sentence of 
paragraph (a) to read as follows:


Sec. 552.1  Purpose.

    (a) * * * Compliance is mandatory and failure to file the reports 
required under this part may result in denial of rate increases or 
rejection of tariff line items implementing rate changes or penalties 
of up to $100 for each day of such default (46 U.S.C. app. 820(a)).
* * * * *
    20. Section 552.5 is amended by revising paragraphs (b) and (c) to 
read as follows:


Sec. 552.5  Definitions.

* * * * *
    (b) The service means those voyages and/or terminal facilities in 
which cargo subject to the Commission's regulation under part 514 of 
this chapter is either carried or handled.
    (c) The trade means that part of the Service subject to the 
Commission's regulation under part 514 of this chapter, more 
extensively defined under Domestic offshore trade in paragraph (f) of 
this section.
* * * * *

PART 560--AGREEMENTS BY COMMON CARRIERS AND OTHER PERSONS SUBJECT 
TO THE SHIPPING ACT, 1916

    21. The authority citation for Part 560 continues to read as 
follows:

    Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 46 U.S.C. app. 814, 
817(a), 820, 821, 833a, and 841a.

    22. Section 560.308 is amended by revising the first sentence of 
paragraph (a) introductory text to read as follows:


Sec. 560.308  Marine terminal services agreements--exemption.

    (a) Marine terminal services agreement means an agreement, 
contract, understanding, arrangement or association, written or oral 
(including any modification, cancellation or appendix) between a marine 
terminal operator and a common carrier by water in interstate commerce 
that applies to marine terminal services as defined in 46 CFR 514.2 
(including any marine terminal facilities, as defined in 46 CFR 514.2, 
which may be provided incidentally to such marine terminal services) 
that are provided to and paid for by a common carrier by water in 
interstate commerce. * * *
* * * * *
    23. Section 560.702 is amended by revising the last sentence of 
paragraph (c) to read as follows:


Sec. 560.702   Filing of minutes--including shippers' requests and 
complaints.

* * * * *
    (c) * * * This reporting exemption does not apply to discussions 
involving general rate policy, general rate changes, the opening or 
closing of rates, or discussions involving items, that if adopted, 
would be required to be published in other tariff sections as specified 
in Part 514 of this chapter.
* * * * *
PART 572--AGREEMENTS BY OCEAN COMMON CARRIERS AND OTHER PERSONS 
SUBJECT TO THE SHIPPING ACT OF 1984

    24. The authority citation for Part 572 continues to read as 
follows:

    Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 46 U.S.C. app. 1701-
1707, 1709-1710, 1712 and 1714-1717.

    25. Section 572.310 is amended by revising the first sentence of 
paragraph (a) introductory text to read as follows:


Sec. 572.310  Marine terminal services agreements-- exemption

    (a) Marine terminal services agreement means an agreement, 
contract, understanding, arrangement or association, written or oral 
(including any modification, cancellation or appendix) between a marine 
terminal operator and an ocean common carrier that applies to marine 
terminal services as defined in 46 CFR 514.2 (including any marine 
terminal facilities, as defined in 46 CFR 514.2, which may be provided 
incidentally to such marine terminal services) that are provided to and 
paid for by an ocean common carrier. * * *
* * * * *
    26. Section 572.801 is amended by revising the last sentence of 
paragraph (b)(1) to read as follows:


Sec. 572.801  Independent action.

* * * * *
    (b) (1) * * * A conference agreement shall not require or permit a 
conference member to give more than 10 calendar days' notice to the 
conference, except that in the case of a new or increased rate the 
notice period shall conform to the requirements of Sec. 514.9(b) of 
this chapter.
* * * * *

PART 582--CERTIFICATION OF COMPANY POLICIES AND EFFORTS TO COMBAT 
REBATING IN THE FOREIGN COMMERCE OF THE UNITED STATES

    27. The authority citation for Part 582 continues to read as 
follows:

    Authority: 5 U.S.C. 553; 46 U.S.C. app. 1701, 1702, 1707, 1709, 
1712, and 1714-1716.

    28. Section 582.1 is amended by revising the third sentence of 
paragraph (b) to read as follows:


Sec. 582.1  Scope.

* * * * *
    (b) * * * Failure of a common carrier to file an anti-rebate 
certification and publish notice of certification in its tariffs as 
provided by this part and part 514 of this chapter will result in 
tariff cancellation effective forty-five (45) days after notice, as 
provided in Sec. 514.1(c)(1)(iii)(C) of this chapter or, if an initial 
tariff filing, rejection. * * *

PART 583--SURETY FOR NON-VESSEL-OPERATING COMMON CARRIERS

    29. The authority citation for Part 583 continues to read as 
follows:

    Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 46 U.S.C. app. 1702, 
1707, 1709, 1710-1712, 1716 and 1721.

    30. Section 583.5 is amended by revising paragraphs (d) and (e) to 
read as follows:


Sec. 583.5  Resident agent.

* * * * *
    (d) Designations of resident agent under paragraphs (a) and (b) of 
this section and provisions relating to service of process under 
paragraph (c) of this section shall be published in the NVOCC's tariff 
in accordance with Sec. 514.15(b)(24) of this chapter.
    (e) Every non-vessel-operating common carrier using a group or 
association of NVOCCs to cover all or part of its financial 
responsibility requirement under Sec. 583.4 shall publish the name and 
address of the group or association's resident agent for receipt of 
judicial and administrative process, including subpoenas, in its tariff 
in accordance with Sec. 514.15(b)(24)(ii) of this chapter. 
[[Page 27231]] 
    31. Section 583.7 is amended by revising paragraphs (b)(2) and 
(b)(3) to read as follows:


Sec. 583.7  Proof of Compliance.

* * * * *
    (b) * * *
    (2) Reviewing a copy of the tariff rule published by the NVOCC and 
in effect under Sec. 514.15(b)(24) of this chapter; or
    (3) Any other appropriate procedure, provided that such procedure 
is set forth in the carrier's tariff of general applicability as 
required by Sec. 514.15(b)(25) of this chapter.
* * * * *
    By the Commission.
Joseph C. Polking,
Secretary.
[FR Doc. 95-12511 Filed 5-22-95; 8:45 am]
BILLING CODE 6730-01-W