[Federal Register Volume 59, Number 249 (Thursday, December 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32005]


[[Page Unknown]]

[Federal Register: December 29, 1994]


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FEDERAL MARITIME COMMISSION

46 CFR Parts 501, 552, 560, and 572

 

Bureau of Economics and Agreement Analysis; Organization, 
Functions, and Authority Delegations

AGENCY: Federal Maritime Commission.

ACTION: Final rule.

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SUMMARY: The Federal Maritime Commission is changing the name of the 
Bureau of Trade Monitoring and Analysis to the Bureau of Economics and 
Agreement Analysis. Notice and public procedure are not necessary prior 
to the issuance of this rule because it deals solely with matters of 
agency organization. Neither is a delayed effective date required.

EFFECTIVE DATE: December 29, 1994.

FOR FURTHER INFORMATION CONTACT:
Austin L. Schmitt, Director, Bureau of Economics and Agreement 
Analysis, Federal Maritime Commission, 800 North Capitol St., NW., 
Washington, DC 20573-0001, (202) 523-5787.

List of Subjects

46 CFR Part 501

    Administrative practice and procedure, Authority delegations, 
Organization and functions, Seals and insignia.

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.

PART 501--THE FEDERAL MARITIME COMMISSION--GENERAL

    1. 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.

Subpart A--Organization and Functions

    2. In Sec. 501.3 the heading of paragraph (i) is revised to read as 
follows:


Sec. 501.3  Organizational components of the Federal Maritime 
Commission.

* * * * *
    (i) Bureau of Economics and Agreement Analysis.
* * * * *
    3. Section 501.4(b) is revised to read as follows:


Sec. 501.4  Lines of responsibility.

* * * * *
    (b) Office of the Managing Director. The Bureau of Economics and 
Agreement Analysis; Bureau of Tariffs, Certification and Licensing; 
Bureau of Hearing Counsel; Bureau of Administration; and Bureau of 
Investigations report to the Office of the Managing Director. The 
Offices of Equal Employment Opportunity and of the Inspector General 
receive administrative assistance from the Managing Director. All other 
units of the Commission receive administrative guidance from the 
Managing Director.
* * * * *
    4. In Sec. 501.5, paragraphs (f)(1)(i), (g), and (l)(2) are revised 
to read as follows:


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

* * * * *
    (f) * * *
    (1) * * *
    (i) A senior staff official, is responsible to the Chairman for the 
management and coordination of Commission programs managed by the 
operating Bureaus of Investigations; Hearing Counsel; Administration; 
Economics and Agreement Analysis; and Tariffs, Certification and 
Licensing, as more fully described in paragraphs (g) through (k) of 
this section, and thereby implements the regulatory policies of the 
Commission and the administrative policies and directives of the 
Chairman;
* * * * *
    (g) Under the direction and management of the Bureau Director, the 
Bureau of Economics and Agreement Analysis develops and administers 
programs in connection with the anticompetitive and cooperative 
arrangements and practices of common carriers by water, freight 
forwarders and terminal operators in the foreign and domestic commerce 
of the U.S., including the filing of common carrier agreements under 
section 15 of the Shipping Act, 1916, ocean common carrier agreements 
under section 5 of the Shipping Act of 1984, the financial reporting by 
ocean common carriers in the domestic offshore trades, and the filing 
of agreements by marine terminal operators under section 15 of the 
Shipping Act, 1916, and section 5 of the Shipping Act of 1984. The 
Bureau provides expert economic testimony and support in formal 
proceedings, particularly regarding unfair foreign shipping practices 
under section 19 of the Merchant Marine Act, 1920, the Foreign Shipping 
Practices Act of 1988, and domestic offshore rate-of-return cases under 
the Intercoastal Shipping Act, 1933.
* * * * *
    (1) * * *
    (2) The Committee on Automated Data Processing is chaired by a 
Commissioner designated by the Chairman, and is comprised of the 
Directors of the Bureaus of Economics and Agreement Analysis; Tariffs, 
Certification and Licensing; Administration; Hearing Counsel; and 
Investigations; the General Counsel; the Secretary; the Inspector 
General; the Director, Office of Equal Employment Opportunity; the 
Chief Administrative Law Judge; a representative from the Chairman's 
office; the Deputy Managing Director in charge of the Commission's 
Automated Tariff Filing and Information System; and the Director, 
Office of Information Resources Management, who serves as Committee 
Coordinator for the Committee Chairperson. The Committee meets on an ad 
hoc basis to review, evaluate, and recommend to the Chairman, through 
the Managing Director, policies and actions on the acquisition, 
management, and use of ADP equipment and services. C.O. No. 98.
* * * * *

Subpart C--Delegation and Redelegation of Authorities

    5. Section 501.24(h) is revised to read as follows:


Sec. 501.24  Delegation to the Secretary.

* * * * *
    (h) Authority, after consultation with the Director, Bureau of 
Economic and Agreement Analysis, to rule on requests to file amendments 
or supplements to documents concerning pending section 15 agreements, 
which are filed pursuant to Sec. 560.602(e) of this chapter.
* * * * *
    6. The heading and introductory text to Sec. 501.26 is revised to 
read as follows:


Sec. 501.26  Delegation to the Director, Bureau of Economics and 
Agreement Analysis.

    The authorities listed in this section are delegated to the 
Director, Bureau of Economics and Agreement Analysis.
* * * * *

Subpart D--Public Requests for Information

    7. Section 501.41(c)(7) is revised to read as follows:


Sec. 501.41  Public requests for information and decisions.

* * * * *
    (c) * * *
    (7) Bureau of Economics and Agreement Analysis;
* * * * *
    8. Appendix A to Part 501 is revised as follows:

BILLING CODE 6730-01-M
      

TR29DE94.002


BILLING CODE 6730-01-C

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

    9. The authority citation for part 552 continues to read as 
follows:

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

    10. Section 552.2(a) is revised to read as follows:


Sec. 552.2  General requirements.

    (a) All persons engaged in common carriage via cargo vessels in the 
domestic offshore trades (except persons engaged in intrastate 
operations in Alaska and Hawaii) and required by the Intercoastal 
Shipping Act, 1933, to file tariffs with the Commission, shall execute 
and file, in duplicate, State of Financial and Operating Data 
(designated as FMC Form No. 377 for tug and barge operators and FMC 
Form No. 378 for vessel operators) for each domestic offshore trade 
served, with:

Federal Maritime Commission, Bureau of Economics and Agreement 
Analysis, 800 North Capitol Street, N.W., Washington, DC 20573-0001.
* * * * *

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

    11. The authority citation for part 560 continues to read as 
follows:

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

Subpart C--Exemptions

    12. Section 560.301(f) is revised to read as follows:


Sec. 560.302  Exemption procedures.

* * * * *
    (f) Retention of agreement by parties. Any agreement which has been 
exempted by the Commission pursuant to section 35 of the Act shall be 
retained by the parties and shall be made available upon request by the 
Bureau of Economics and Agreement Analysis for inspection during the 
term of the agreement and for a period of three years after its 
termination.

Subpart F--Action on Agreements

    13. Section 560.602(e) is revised to read as follows:


Sec. 560.602  Comments and protests

* * * * *
    (e) Except as provided in this section and Sec. 560.403, or except, 
in the case of an unprotested agreement, as the Director, Bureau of 
Economics and Agreement Analysis may in his/her discretion initiate, or 
unless specifically requested in writing by the Commission, with copies 
to the proponents and persons which have filed protests or comments, no 
other written or oral communication concerning a pending agreement 
shall be permitted. Amendments or supplements to documents submitted 
pursuant to Sec. 560.403 and this section shall be permitted in the 
discretion of the Commission upon a showing of good cause, except that, 
in no case shall such permission be granted where the agreement has 
been scheduled and noticed for an agency meeting pursuant to 
Sec. 503.82 of this chapter. A change in material fact or in applicable 
law occurring after the submission of the initial statement, comment or 
protest will normally constitute good cause. Inquiries as to the status 
of agreements shall be made to the Secretary of the Commission.

Subpart G--Reporting and Record Retention Requirements

    14. Section 560.701(c) is revised to read as follows:


Sec. 560.701  General requirements.

* * * * *
    (c) Reports and minutes required to be filed by this subpart may be 
filed by direct electronic transmission in lieu of hard copy. Detailed 
information on electronic transmission is available from the 
Commission's Bureau of Economics and Agreement Analysis. Certification 
and signature requirements of this subpart can be met on electronic 
transmissions through use of a pre-assigned Personal Identification 
Number (PIN) obtained from the Commission. PINs can be obtained by an 
official of the filing party by submitting a statement to the 
Commission agreeing that inclusion of the PIN in the transmission 
constitutes the signature of the official. Only one PIN will be issued 
for each agreement. Where a filing party has more than one official 
authorized to file minutes or reports, each additional official must 
submit such a statement countersigned by the principal official of the 
filing party. Each filing official will be issued a unique password. A 
PIN or designation of authorized filing officials may be canceled or 
changed at any time upon the written request of the principal official 
of the filing party. Direct electronic transmission filings may be made 
at any time except between the hours of 8:30 a.m. and 2:00 p.m. Eastern 
time on Commission business days.

PART 572--AGREEMENTS BY OCEAN COMMON CARRIERS AND OTHER PERSONS 
SUBJECT TO THE SHIPPING ACT OF 1984

    15. The authority citation for part 572 continues to read as 
follows:

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

Subpart C--Exemptions

    16. Section 572.301(f) is revised to read as follows:


Sec. 572.301  Exemption procedures.

* * * * *
    (f) Retention of agreement by parties. Any agreement which has been 
exempted by the Commission pursuant to section 16 of the Act shall be 
retained by the parties and shall be available upon request by the 
Bureau of Economics and Agreement Analysis for inspection during the 
term of the agreement and for a period of three years after its 
termination.
    17. Section 572.302(c) is revised to read as follows:


Sec. 572.302  Non-substantive agreement and non-substantive 
modifications to existing agreements--exemption.

* * * * *
    (c) Parties to agreements may seek a determination from the 
Director, Bureau of Economics and Agreement Analysis as to whether a 
particular modification is non-substantive.

Subpart F--Action on Agreements

    18. Section 572.606(a) is revised to read as follows:


Sec. 572.606  Requests for additional information.

    (a) The Commission may request from the filing party any additional 
information and documentary material necessary to complete the 
statutory review required by section 6 of the Act. The request shall be 
made prior to the expiration of the waiting period. All additional 
information and documentary material shall be submitted to the 
Director, Bureau of Economics and Agreement Analysis, Federal Maritime 
Commission, Washington, DC 20573. If the request is not fully complied 
with, a statement of reasons for noncompliance shall be provided for 
each item or portion of such request which is not fully answered.
* * * * *

Subpart G--Reporting and Record Retention Requirements

    19. In Sec. 572.701, paragraphs (a)(1), (a)(2), and (d) are revised 
to read as follows:


Sec. 572.70  General requirements

    (a)(1) Address. Reports required by this subpart should be 
addressed to the Commission as follows: Director, Bureau of Economics 
and Agreement Analysis, Federal Maritime Commission, 800 North Capitol 
Street, N.W., Washington, D.C. 20573-0001.
    The lower, left-hand corner of the envelope in which each report is 
forwarded should indicate the subject of the report and the related 
agreement number. For example: ``Minutes, Agreement 5000.''
    (2) Electronic filing. Reports and minutes required to be filed by 
this subpart may be filed by electronic transmission in lieu of hard 
copy. Detailed information on electronic transmission is available from 
the Commission's Bureau of Economics and Agreement Analysis. 
Certification and signature requirements of this subpart can be met on 
electronic transmissions through use of a pre-assigned Personal 
Identification Number (PIN) obtained from the Commission. PINs can be 
obtained by submission by an official of the filing party of a 
statement to the Commission agreeing that inclusion of the PIN in the 
transmission constitutes the signature of the official. Only one PIN 
will be issued for each agreement. Where a filing party has more than 
one official authorized to file minutes or reports, each additional 
official must submit such a statement countersigned by the principal 
official of the filing party. Each filing official will be issued a 
unique password. A PIN or designation of authorized filing officials 
may be canceled or changed at any time upon the written request of the 
principal official of the filing party. Direct electronic transmission 
filings may be made at any time except between the hours of 8:30 a.m. 
and 2:00 p.m. Eastern time on Commission business days.
* * * * *
    (d) Request for documents. Documents may be requested by the 
Director, Bureau of Economics and Agreement Analysis in writing by 
reference to a specific minute or index, and shall indicate that the 
documents will be received in confidence. Requested documents shall be 
furnished by the parties within the time specified.
* * * * *
    By the Commission.
Joseph C. Polking,
Secretary.
[FR Doc. 94-32005 Filed 12-28-94; 8:45 am]
BILLING CODE 6730-01-M