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

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.

-----------------------------------------------------------------------

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