Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Proposed Rules 2923

1On December 29, 1992, the Commission adopted

regulations that govern the filing of tariffs and

service contract essential terms in electronic format.

2The Commission is aware of several contracts in

paper form whose terms are of several years

duration. One of these contracts has a 10-year term.

Inert ingredients Limits Uses

* * * * * * *

3,5-Bis(6-isocyanatohexyl)-2H-1,3,5-oxadiazine-2,4,6-

(3H,5H)-trione, polymer with diethylenetriamine

(CAS Reg. No. 87823-33-4); minimum number average molecular weight 1,000,000.

.............................................. Encapsulating agent.

* * * * * * *

* * * * *

[FR Doc. 95–818 Filed 1–11–95; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL MARITIME COMMISSION

46 CFR Parts 515, 550, 580 and 581

[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: Notice of proposed rulemaking.

SUMMARY: The Federal Maritime

Commission proposes to remove 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.

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. The

Commission believes that these

regulations have become unnecessary

because its rules now require electronic

tariff filing in the Commission’s

Automated Tariff Filing and Information

system (‘‘ATFI’’).

DATES: Comments on or before February

13, 1995.

ADDRESSES: Comments (original and 15

copies) are to be submitted to: Joseph C.

Polking, Secretary, Federal Maritime

Commission, 800 North Capitol Street,

NW., Washington, DC 20573, (202) 523–

5725.

FOR FURTHER INFORMATION CONTACT:

Bryant L. VanBrakle, Director, Bureau of

Tariffs, Certification and Licensing,

Federal Maritime Commission, 800

North Capitol Street, NW., Washington,

DC 20573, (202) 523–5796.

SUPPLEMENTARY INFORMATION: The

Commission administers, inter alia, the

Shipping Act, 1916 (‘‘1916 Act’’), 46

U.S.C. app. 801, et seq.; the Intercoastal

Shipping Act, 1933 (‘‘1933 Act’’), 46

U.S.C. app. 843, et seq.; and the

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

U.S.C. app. 1701, et seq. (collectively

‘‘Shipping Acts’’), which require or

authorize the Commission to require

common carriers and MTO’s to file with

the Commission their tariffs and/or

service contract essential terms.

Presently, such tariffs and essential

terms are required by regulation, in 46

CFR Parts 515, 580 and 581, to be filed

in paper format. In February, 1993, the

Commission implemented its ATFI

system and directed common carriers

and MTO’s to file such tariffs and

essential terms in electronic form into

ATFI.1 This requirement is consistent

with Public Law 102–582, the High Seas

Driftnet Fisheries Enforcement Act,

section 502 which directed common

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.

The ATFI system is now fully

operational and the Commission will no

longer be accepting tariffs and/or service

contract essential terms in paper form.

Accordingly, the Commission proposes

to remove Parts 515, 550, 580 and 581.

One matter, however, with respect to

service contracts requires further

discussion. When the Commission

implemented its ATFI system, it

directed common carriers and MTO’s to

file an electronic tariff and to cancel the

corresponding paper instrument.

However, with respect to service

contract essential terms, the

Commission took a different approach,

recognizing that a service contract is a

special arrangement between a shipper

and a common carrier or a conference of

carriers with a specified duration. At the

time ATFI was implemented, the

Commission had on file and in effect

several thousand service contracts as

well as their corresponding essential

terms.2 The Commission did not require

carriers to convert the paper version of

a service contract into electronic form.

Rather, the Commission directed

carriers to file, on a prospective basis,

the essential terms of all newly executed

service contracts into the ATFI system.

Some of the essential terms which

were filed in paper form prior to the

conversion to ATFI are still in effect.

The Commission continues to find it

unnecessary to require the conversion of

these originally-filed service contract

essential terms into electronic format.

However, with the proposed

cancellation of Part 581 the Commission

will no longer accept amendments, in

paper form, to these essential terms.

Should the parties amend the essential

terms of service contracts now in paper

form, the Commission will require,

consistent with its electronic filing rules

in Part 514, the electronic filing of the

complete, restated statement of essential

terms—as amended—into ATFI.

The Federal Maritime Commission

certifies, pursuant to section 605(b) of

the Regulatory Flexibility Act, 5 U.S.C.

605(b), that this Proposed Rule, if

adopted, 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 either

significant impact or impact upon a

substantial number of small entities.

This proposed rule does not contain

any collection of information

requirements as defined by the

Paperwork Reduction Act of 1980, as
2924 Federal Register / Vol. 60, No. 8 / Thursday, January 12, 1995 / Proposed Rules

amended. Therefore, OMB review is not

required.

List of Subjects

46 CFR Part 515

Freight, Harbors, Reporting and

recordkeeping requirements;

Warehouses.

46 CFR Part 550

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.

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); Parts

515, 550, 580 and 581 of Title 46 of the

Code of Federal Regulations are

proposed to be amended as follows:

Part 515—[Removed]

Part 515 is removed.

Part 550—[Removed]

Part 550 is removed.

Part 580—[Removed]

Part 580 is removed.

Part 581—[Removed]

Part 581 is removed.

By the Commission.

Joseph C. Polking

Secretary.

[FR Doc. 95–707 Filed 1–11–95; 8:45 am]

BILLING CODE 6730–01–W

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 21 and 74

[MM Docket No. 94–131 and PP Docket No.

93–253, DA 95–18]

Filing Procedures in the Multipoint

Distribution Service and in the

Instructional Television Fixed Service,

Including Electronic Filing and

Competitive Bidding

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule; extension of

time.

SUMMARY: This Order grants a request,

filed by the Wireless Cable Association

International, Inc., for an extension of

time to submit comments in the above

proceeding. The filing date for

comments is currently January 9, 1995,

and the date for filing reply comments

is currently January 24, 1995. Because of

the complex technical issues raised in

this proceeding, the Order extends the

time afforded for filing comments to

January 23, 1995, and the time afforded

for filing reply comments to February 7,

1995.

DATES: Comments must be received on

or before January 23, 1995, and reply

comments must be received on or before

February 7, 1995.

ADDRESSES: Comments and reply

comments may be mailed to Office of

the Secretary, Federal Communications

Commission, Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT:

Sharon Bertelsen at (202) 416–0892 or

Jerianne Timmerman at (202) 416–0881,

Video Services Division, Mass Media

Bureau.

SUPPLEMENTARY INFORMATION: The

complete text of the Order Granting

Extension of Time for Filing Comments

and Reply Comments follows. It is also

available for inspection and copying

during normal business hours in the

FCC Reference Center, Room 239, at the

Federal Communications Commission,

1919 M Street, N.W., Washington, D.C.

20554, and it may be purchased from

the Commission’s copy contractor,

International Transcription Service,

Inc., 2100 M Street, N.W., Suite 140,

Washington, D.C. 20037, (202) 857–

3800. This Order was adopted January

4, and released January 6, 1995.

By the Chief, Mass Media Bureau:

1. On December 1, 1994, the

Commission released a Notice of

Proposed Rulemaking (Notice), FCC 94–

293, 9 FCC Rcd 7665 (1994), 59 FR

63743 (Dec. 9, 1994), in this proceeding,

soliciting comment on revisions to our

rules and procedures that will improve

the Multipoint Distribution Service

(MDS) application processes. The filing

date for comments is currently January

9, 1995, and the date for filing reply

comments is currently January 24, 1995.

2. On January 3, 1995, the Wireless

Cable Association International, Inc.

(WCAI) filed a request for an extension

of time to submit comments in this

proceeding. WCAI requests that the time

afforded interested parties to submit

comments be extended by two weeks, to

January 23, 1995, and the time afforded

for filing reply comments be extended to

February 7, 1995. WCAI states that the

Commission, in this Notice, proposes a

wide variety of rule changes to govern

the auctioning of MDS licenses and to

regulate the provision of MDS services

in the future. Of particular concern to

WCAI is a possible change in the

definition of protected service area for

MDS stations. WCAI asserts that it has

been working diligently to develop a

proposal that will accommodate the

Commission’s goals without unduly

restricting the wireless cable industry,

and believes that it will be able to

achieve a consensus at a quarterly

meeting of the WCAI Board of Directors

scheduled for January 10, 1995.

3. Pursuant to Section 1.46 of the

Commission’s rules, 47 CFR Section

1.46, it is our policy that extensions of

time for filing comments in rulemaking

proceedings shall not be routinely

granted. However, under the

circumstances described above, we

believe that this brief extension of time

to file comments and reply comments is

warranted in light of the complexity of

technical issues raised in this

proceeding. Accordingly, it is ordered,

that the request for extension of time

filed by the Wireless Cable Association

International, Inc. is granted, the time

for filing comments in this proceeding

is extended to January 23, 1995, and the

time for filing reply comments in this

proceeding is extended to February 7,

1995.

4. This action is taken pursuant to

Sections 4(i) and 303(r) of the

Communications Act of 1934, as

amended, 47 U.S.C. Sections 4(i) and

303(r), and Sections 0.204(b), 0.283 and

1.415 of the Commission’s rules, 47 CFR

Sections 0.204(b), 0.283 and 1.415.

Federal Communications Commission.

Roy J. Stewart,

Chief, Mass Media Bureau.

[FR Doc. 95–847 Filed 1–11–95; 8:45 am]

BILLING CODE 6712–01–M

DEPARTMENT OF DEFENSE

48 CFR Part 231

Defense Federal Acquisition

Regulation Supplement; Internal

Restructuring Costs

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for

comments.

SUMMARY: The Department of Defense is

proposing to amend the Defense Federal

Acquisition Regulation Supplement to

address the allowability of costs

associated with internal restructuring

activities.