[Federal Register Volume 60, Number 215 (Tuesday, November 7, 1995)]
[Rules and Regulations]
[Pages 56122-56124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27489]



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FEDERAL MARITIME COMMISSION

46 CFR Part 514

[Docket No. 95-13]


Automated Tariff Filing and Information System

AGENCY: Federal Maritime Commission.

ACTION: Final rule.

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SUMMARY: This Final Rule amends the requirements of the Federal 
Maritime Commission (``Commission'' or ``FMC'') 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 rule also makes it clear that this requirement cannot be 
circumvented by sharing, loaning or using logon IDs or passwords 
assigned to others. In addition, the rule permits 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 will no longer be provided.

EFFECTIVE DATE: December 7, 1995.

FOR FURTHER INFORMATION CONTACT:
Doris J. Spencer, Director, Office of Information Resources Management, 
Federal Maritime Commission, 800 North Capitol Street NW., Washington, 
D.C. 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 therefore issued a Notice of 
Proposed Rulemaking (``NPR'') to amend Sec. 514.8 to clarify that no 
individual may file or retrieve AFTI data until he or she submits a 
User Registration Form, supporting documents, and the proper fee, to 
the Commission and receives a logon ID and password. (60 FR 45126, Aug. 
30, 1995).
    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 proposed to implement the capability for on-line 
downloading of daily subscriber data.
    Four parties filed comments in response to the NPR: Rijnhaave 
Information Services, Inc. (``RIS''), D.X.I. Incorporated (``DXI''), 
Pacific Coast Tariff Bureau (``PCTB'') and Effective Tariff Management 
Corporation (``ETM'').
    The only comment addressing the proposed password and user ID rule 
revision was filed by RIS. It is RIS's contention that user IDs and 
passwords are issued to the tariff publisher and not to a single 
individual within the tariff publisher's organization. In support of 
its position RIS cites 46 CFR 514.2 which states that: ``Publisher 
(tariff) means an organization authorized to file or amend tariff 
information.'' RIS also refers to Commission News Release 93-11, 
Assignment of ATFI Access Privileges and Further Batch Filing 
Certification, August 4, 1993. The News Release states that if the 
carrier authorizes the tariff publisher to maintain the carrier's 
organizational record, the publisher, not the carrier, will be the 
owner of the logon ID and password.
    RIS's argument fails to distinguish between the authority to file 
and amend tariffs and the authority to amend the organizational record 
of the carrier. A tariff publisher may have authority to file and amend 
tariffs on behalf of a carrier without having a logon ID and password 
to access the carrier's organizational record. News Release 93-11 
leaves no doubt that logon IDs and passwords are issued to individuals 
within an organization and not to the organization itself. The News 
Release states:

    Each organization may identify only one person authorized to 
update the Organization Record, which is an ATFI component that 
reflects information about the organization. This person's Login ID 
has the authority to change information in the Organizational 
Record.
    On the registration form (``form''), the person listed in block 
8 will be the owner of the Login ID and password.

    The portion of the News Release relied upon by RIS simply points 
out that, if a carrier authorizes the tariff publisher to maintain the 
carrier's organizational record, the carrier will not be issued a logon 
ID and password. That discussion does not contradict the statement 
quoted above which appears in the same news release. Accordingly, the 
Commission rejects RIS's comment and will adopt the proposed 
clarification of its rules pertaining to logon IDs and passwords.
    All parties express a desire for the continuation of full database 
tapes subscriber data. Full database tapes are said to be necessary to 
audit and add new tariffs to their systems. ETM also opposes the 
elimination of the weekly subscriber tapes based on (1) the cost of 
daily data versus weekly update tapes, (2) the cost of higher speed 
communications equipment, and (3) prolonged on-line downloading time 
requiring additional lines and equipment to avoid work flow 
disruptions.
    Due to reduced appropriations, the Commission has been forced to 
curtail purchases of equipment and services pursuant to its ATFI 
contract. As part of the Commission's efforts to reduce expenses, the 
position previously responsible for, among other things, developing 
weekly, monthly and full data base tapes has been eliminated from the 
contract. The Commission could not avoid cuts in the ATFI program by 
increasing user fees. User fees are payable to the U.S. Treasury 

[[Page 56123]]
and cannot be retained by the Commission to defray the cost of ATFI.
    The Commission is sympathetic to those who want the Commission to 
continue to provide weekly, monthly and full data base tapes, and 
understands that the elimination of this service may have the effect of 
increasing a tariff publisher's cost of doing business. However, the 
Commission simply lacks the funds to continue providing weekly, monthly 
and full data base tapes.
    The change will not deprive the industry of ATFI subscriber data 
that it would otherwise receive. All data contained on a full data base 
tape has been previously made available as daily subscriber data. While 
the Commission has an obligation to make ATFI subscriber data 
available, the Commission does not have an obligation to make the data 
available in a particular format.
    The Commission will make certain modifications to the fees for ATFI 
data in order to ameliorate the effects of the elimination of weekly, 
monthly and full data base tapes. Persons requesting download of daily 
updates will not be required to pay $61 as stated in the NPR, but only 
46 cents per minute as now required by Sec. 514.21(g)(1). Persons 
requesting daily updates on tape must supply the tapes and return 
postage, and pay $43 per daily update as opposed to the $61 specified 
in the NPR. The charge of $43 reflects the average downloading time, at 
46 cents a minute, and associated labor costs. Although these charges 
are based on the Commission's costs, the Commission cannot retain the 
charges to defray the cost of providing the service, as explained 
above.\1\

    \1\ Section 514.20(d) was also modified to clarify the 
application of Sec. 514.21(j)(2).
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    The Commission plans a transition period during which users may 
receive daily subscriber data either on tape or through on-line 
download. This will allow subscribers to thoroughly test the data 
download functionality and compare the results with tape data. The 
transition period will also provide an opportunity for batch retrievers 
and batch filers to access the system using higher speed modems and/or 
improved file transfer software. After this period, firms desiring to 
receive daily data on tape will be required to furnish their own tapes.
    The Commission will install 28.8 Kbps modems and make available the 
Zmodem file transfer protocol on the ATFI system. Batch retrievers and 
batch filers may wish to upgrade their modem speed to decrease file 
transfer time. The Zmodem file transfer protocol includes a crash 
recovery capability that allows a data download file transfer to 
restart at the point where it was disrupted.
    Several parties proposed other changes. RIS suggests that the 
certification process formerly required by 46 CFR 514.21(m) be 
retained. PCTB requests an ATFI enhancement that would provide the 
capability to download a single tariff and daily data for a single 
tariff. PCTB also suggests that the Commission enter into a leased line 
arrangement to facilitate the transmission of very large filings. RIS 
seeks to use dedicated lines for daily updates and batch filing 
sessions. All these proposals are beyond the scope of the NPR and 
cannot be addressed in this proceeding.
    The Commission certifies pursuant to Sec. 605(b) of the Regulatory 
Flexibility Act, 5 U.S.C. 605(b), that this 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 rule does not contain any collection of information 
requirements as defined by the Paperwork Reduction Act of 1995, 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 
recordkeeping requirements.

    Part 514 of Title 46 of the Code of Federal Regulations is 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.
* * * * *
    3. In Sec. 514.20, paragraph (d) is revised to read as follows:


Sec. 514.20  Retrieval.

* * * * *
    (d) Batch retrieval through data base 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. 
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. 
Subscriber responsibility and charges for use of this option are 
specified in Sec. 514.21(j)(2). 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 charge 
specified in Sec. 514.21(j)(2) will apply, but subscribers will not be 
required to provide tapes. Subscribers requesting update data on tape 
are 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. 

[[Page 56124]]
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 46 cents per minute as provided by 
Sec. 514.21(g)(1).
    (2) Persons requesting daily updates on tape must supply the tapes 
and return postage, and pay $43 per daily update.
* * * * *
    By the Commission.
Joseph C. Polking,
Secretary.
FR Doc. 95-27489 Filed 11-6-95; 8:45 am]
BILLING CODE 6730-01-M