[Federal Register Volume 60, Number 168 (Wednesday, August 30, 1995)]
[Proposed Rules]
[Pages 45125-45127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21547]



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[[Page 45126]]


FEDERAL MARITIME COMMISSION

46 CFR Part 514

[Docket No. 95-13]


Automated Tariff Filing and Information System

AGENCY: Federal Maritime Commission.

ACTION: Proposed rule.

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SUMMARY: The Federal Maritime Commission (``Commission'' or ``FMC'') 
proposes to amend its rules pertaining to the Automated Tariff Filing 
and Information System (``ATFI'') to clarify that no individual may 
file or retrieve ATFI data until he or she submits a User Registration 
Form and supporting documents, together with the proper fee, to the 
Commission and receives a logon ID and password. The proposed rule also 
makes it clear that this requirement cannot be circumvented by sharing, 
loaning or using logon IDs or passwords assigned to others. The 
Commission also proposes to amend its rules to permit the on-line 
downloading of daily subscriber data. Subscribers may request daily 
updates on tape provided by them in those instances where on-line 
downloading is not cost-effective. Full database tapes, weekly update 
tapes, and monthly update tapes would no longer be provided.

DATES: Comments must be submitted on or before September 19, 1995.

ADDRESSES: Comments (original and 15 copies) to: Joseph C. Polking, 
Secretary, Federal Maritime Commission, 800 North Capitol Street NW., 
Washington, DC 20573

FOR FURTHER INFORMATION CONTACT:
Doris J. Spencer, Director, Office of Information Resources Management, 
Federal Maritime Commission, 800 North Capitol Street NW., Washington, 
DC 20573, (202) 523-5835

SUPPLEMENTARY INFORMATION: The Commission's tariff filing rules at 46 
CFR 514.8(f)(1) provide that the ATFI logon IDs and passwords are 
issued to individual users. Despite this provision, there have been 
numerous instances of logon IDs or passwords being shared with, loaned 
to or used by others. The Commission proposes to amend Sec. 514.8 to 
clarify that no individual may file or retrieve ATFI data until he or 
she submits a User Registration Form and supporting documents, together 
with the proper fee, to the Commission and receives a logon ID and 
password. The proposed rule also makes it clear that this requirement 
can not be circumvented by sharing, loaning or using logon IDs or 
passwords assigned to others.
    Additionally, given the Commission's reduced level of funding, it 
is no longer feasible for the Commission to provide full database 
tapes, weekly update tapes and monthly update tapes. As an alternative, 
the Commission proposes to implement the capability for on-line 
downloading of daily subscriber data. Subscribers may request daily 
updates on tape provided by them in those instances where on-line 
downloading is not cost-effective. The user fee for each daily update 
is $61.
    The Commission certifies pursuant to section 605(b) of the 
Regulatory Flexibility Act, 5 U.S.C. 605(b), that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities, including small businesses, small organizational units, 
and small governmental jurisdictions. The Commission recognizes that 
these proposed revisions may have some impact on the shipping industry, 
but not of the magnitude that would be contrary to the requirements of 
the Regulatory Flexibility Act.
    The proposed rule does not contain any collection of information 
requirements as defined by the Paperwork Reduction Act of 1980, as 
amended. Therefore, Office of Management and Budget review is not 
required.

List of Subjects in 46 CFR Part 514

    Freight, Harbors, Maritime carriers, and Reporting and record 
keeping requirements.

    Part 514 of Title 46 of the Code of Federal Regulations is proposed 
to be amended as follows:

PART 514--[AMENDED]

    1. 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.
Subpart C--Form, Content and Use of Tariff Data

    2. In Sec. 514.8, paragraph (f) is revised to read as follows:


Sec. 514.8  Electronic Filing.

* * * * *
    (f) Password and User ID. (1) System Identifications (``IDs'') for 
either filing or retrieval logon and initial password assignments are 
obtained by submitting the User Registration Form (exhibit 1 to this 
part), along with the proper fee under Sec. 514.21 and other necessary 
documents prescribed by Sec. 514.4(d) of this part, to BTCL. A separate 
User Registration Form is required for each individual that will access 
ATFI.
    (2) Logon IDs and passwords may not be shared with or loaned to or 
used by any individual other than the individual registrant. The 
Commission reserves the right to disable any logon ID that is shared 
with, loaned to or used by parties other than the registrant.
    (3) Authority for organizational maintenance, filing or retrieval 
can be transferred by submitting an amended registration form 
requesting the assignment of a new logon ID and password (see 
Sec. 514.(4)(d). The original logon ID will be canceled when a 
replacement logon ID is issued.
* * * * *

[[Page 45127]]

    3. In Sec. 514.20, paragraph (d) is revised to read as follows:


Sec. 514.20  Retrieval.

* * * * *
    (d) Batch retrieval through database files. Interested parties may 
subscribe to all tariff filings/updates received by the Commission on a 
daily basis. The ATFI System Administrator will create a daily 
subscriber data update file which will be accessible to subscribers who 
have prepaid the fees for daily updates. The daily updates subscriber 
will access the ATFI system to on-line download the tariff updates 
received during the previous workday and any intervening weekend/
holidays, as well as any tariff updates created by the Commission 
(e.g., suspensions, rejections, etc.). Subscribers may request that 
daily updates be forwarded on tape (either 9 track, 6250 bpi or 8 mm 
cartridge, Exabyte 8500 compatible) when the file size indicates that 
the on-line download option is not cost-effective. The Commission may 
also send selected daily updates by first class mail (or as directed by 
subscribers at subscriber's expense) or make updates available at the 
ATFI computer center when the magnitude of the file size indicates that 
downloads would degrade ATFI access for other ATFI user functions. The 
subscriber is responsible for insuring that the Commission has received 
sufficient pre-paid monies before the last business day of the 
preceding month in order to subscribe to the next month's filings. The 
Commission will terminate the download capability of any accounts in 
arrears.
* * * * *
    4. In Sec. 514.21, paragraph (j) is revised to read as follows:


Sec. 514.21  User charges.

* * * * *
    (j) Daily Subscriber Data (Sec. 514.20(d)). (1) Persons requesting 
download of daily updates must pay $61 per daily update.
    (2) Persons requesting daily updates on tape must supply the tapes 
and pay $61 per daily update.
* * * * *
    By the Commission.
Joseph C. Polking,
Secretary.
[FR Doc. 95-21547 Filed 8-29-95; 8:45 am]
BILLING CODE 6730-01-M