Tariffs and service contracts: Shipping Act of 1984— based system,

[Federal Register: July 29, 1999 (Volume 64, Number 145)]

[Rules and Regulations]

[Page 41041-41042]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr29jy99-8]

FEDERAL MARITIME COMMISSION

46 CFR Part 530

[Docket No. 99-12]

Termination of Dial-Up Service Contract Filing System

AGENCY: Federal Maritime Commission.

ACTION: Final rule.

SUMMARY: This final rule implements the Federal Maritime Commission's full transition to the internet-based service contract filing system and removes all references to the dial-up filing system.

DATES: Effective date October 1, 1999.

FOR FURTHER INFORMATION CONTACT:

Austin L. Schmitt, Director, Bureau of Tariffs, Certification and Licensing, Federal Maritime Commission, 800 North Capitol Street, NW, Washington, DC 20573-0001, (202) 523-5796 Thomas Panebianco, General Counsel, Federal Maritime Commission, 800 North Capitol Street, NW, Washington, DC 20573-0001, (202) 523-5740

SUPPLEMENTARY INFORMATION: In Docket No. 98-30, Service Contracts Subject to the Shipping Act of 1984, the Federal Maritime Commission (``FMC'' or ``Commission'') implemented new rules governing the filing of service contracts to reflect changes made to the Shipping Act of 1984, 46 U.S.C. app. sec. 1701 et seq., by the Ocean Shipping Reform Act of 1998, Pub. L. 105-258, 112 Stat. 1902. In that rulemaking, the Commission adopted an internet-based service contract filing system effective May 1, 1999. The Commission also retained its dial-up system for service contract filing for a limited time to allow for a smooth transition to the internet-based system.

In the interim final rule in Docket No. 98-30, effective March 1, 1999, and published in the Federal Register March 8, 1999, the Commission stated:

Interactive internet filing of service contracts with the Commission will be provided, and while the dial-up system will be available, the Commission expects to phase it out as soon as possible, but certainly no later than the end of Fiscal Year 1999.

64 FR 11186, 11195. Accordingly, the purpose of this final rule is to implement the anticipated requirement that all service contracts be filedthrough the Commission's internet-based service contract filing system no later than October 1, 1999. The dial-up system will be shut down and no service contract filings will be accepted in the dial-up system after September 30, 1999. Users who currently use the dial-up system for filing service contracts must, on a timely basis, submit an amendment to their Form FMC-83 (Registration) to obtain the new log-on IDs and passwords necessary to file in the internet system.

Notice and an opportunity for public comment are not necessary prior to the issuance of this final rule inasmuch as both were provided previously in the course of the rulemaking for Docket No. 98-30. See Notice of Proposed Rulemaking, 63 FR 71062 (December 23, 1998); Interim Final Rule, 64 FR 11186

[[Page 41042]]

(March 8, 1999); and Final Rule, 64 FR 23782 (May 4, 1999).

In accordance with the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., the Chairman of the Federal Maritime Commission has certified to the Chief Counsel for Advocacy, Small Business Administration, that the rule will not have a significant impact on a substantial number of small entities. The affected universe of the parties is limited to vessel-operating common carriers. The Commission has determined that these entities do not come under the programs and policies mandated by the Small Business Regulatory Enforcement Fairness Act as they typically exceed the threshold figures for number of employees and/or annual receipts to qualify as a small entity under Small Business Administration guidelines.

This regulatory action is not a ``major rule'' under 5 U.S.C. 804(2).

List of Subjects for 46 CFR part 530

Freight, Maritime carriers, Reporting and recordkeeping requirements.

Accordingly, the FMC amends 46 CFR part 530 as follows:

PART 530--SERVICE CONTRACTS

1. The authority citation for part 530 continues to read as follows:

   Authority: 5 U.S.C. App. 1704, 1705, 1707, 1716.

2. Amend Sec. 530.3 to revise paragraph (k) as follows:

   Sec. 530.3 Definitions.

   * * * * *

   (k) File or filing (of service contracts or amendments thereto) means the use of the Commission's electronic filing system for receipt of a service contract or an amendment thereto by the Commission, consistent with the method set forth in Appendix A of this part, and the recording of its receipt by the Commission. * * * * *

3. Amend Sec. 530.5 to revise paragraph (c)(1) and remove paragraphs (c)(3), (c)(4) and (c)(5) to read as follows:

   Sec. 530.5 Duty to file.

   * * * * *

   (c) Registration. (1) Application. Authority to file or delegate the authority to file must be requested by a responsible official of the service contract carrier in writing by submitting to BTCL the Registration Form (FMC-83) in Exhibit 1 to this part. * * * * *

4. Amend Sec. 530.8 to revise paragraphs (a) and (c) to read as follows:

   Sec. 530.8 Service contracts.

   (a) Authorized persons shall file with BTCL, in the manner set forth in Appendix A of this part, a true and complete copy of every service contract or amendment to a filedservice contract before any cargo moves pursuant to that service contract or amendment. * * * * *

   (c) Certainty of terms. The terms described in paragraph (b) of this section may not:

   (1) Be uncertain, vague or ambiguous; or

   (2) Make reference to terms not explicitly contained in the service contract itself unless those terms are contained in a publication widely available to the public and well known within the industry. * * * * *

   Sec. 530.11 [Removed and Reserved]

5. Remove and reserve Sec. 530.11.

6. Revise Appendix A to part 530 to read as follows:

   Appendix A to Part 530--Instructions for the Filing of Service Contracts

   Service contracts shall be filedin accordance with the instructions found on the Commission's home page, http:// www.fmc.gov.

   1. Registration, Log-on ID and Password

      To register for filing, a carrier, conference, agreement or publisher must submit the Service Contract Registration Form (Form FMC-83) to BTCL. A separate Service Contract Registration Form is required for each individual that will file service contracts. BTCL will direct OIRM to provide approved filers with a log-on ID and password. Filers who wish a third party (publisher) to file their service contracts must so indicate on Form FMC-83. Authority for organizational filing can be transferred by submitting an amended registration form requesting the assignment of a new log-on ID and password. The original log-on ID will be canceled when a replacement log-on ID is issued. Log-on IDs and passwords may not be shared with, loaned to or used by any individual other than the individual registrant. The Commission reserves the right to disable any log-on ID that is shared with, loaned to or used by parties other than the registrant.

   2. Filing

      After receiving a log-on ID and a password, a filer may log-on to the service contract filing area on the Commission's home page and file service contracts. The filing screen will request such information as: filer name, Registered Persons Index (``RPI'') number and carrier RPI number (if different); Service Contract and amendment number; and effective date. The filer will attach the entire service contract file and submit it into the system. When the service contract has been submitted for filing, the system will assign a filing date and an FMC control number, both of which will be included in the acknowledgment/confirmation message.

      By the Commission. Bryant L. VanBrakle, Secretary.

      [FR Doc. 99-19325Filed7-28-99; 8:45 am]

      BILLING CODE 6730-01-P