[Federal Register Volume 61, Number 237 (Monday, December 9, 1996)]
[Rules and Regulations]
[Pages 64822-64823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31223]
=======================================================================
-----------------------------------------------------------------------
FEDERAL MARITIME COMMISSION
46 CFR Part 572
[Docket No. 94-31]
Information Form and Post-Effective Reporting Requirements for
Agreements Among Ocean Common Carriers Subject to the Shipping Act of
1984
AGENCY: Federal Maritime Commission.
ACTION: Amendment to final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Maritime Commission is amending the final rule in
this proceeding so that the list of effective agreements that must be
included in the Information Form for a new filed agreement is limited
to those agreements which authorize specified activities that are of
significant regulatory concern. The purpose of this amendment is to
lessen the reporting burden on ocean carriers, while ensuring that the
Commission obtains information relevant to its regulatory
responsibilities.
EFFECTIVE DATE: December 9, 1996.
FOR FURTHER INFORMATION CONTACT:
Austin L. Schmitt, Director, Bureau of Economics and Agreement
Analysis, Federal Maritime Commission, 800 North Capitol Street, N.W.,
Washington, D.C. 20573-0001, (202) 523-5787.
SUPPLEMENTARY INFORMATION: In Docket No. 94-31, Information Form and
Post-Effective Reporting Requirements for Agreements Among Ocean Common
Carriers Subject to the Shipping Act of 1984, the Federal Maritime
Commission amended its regulations set forth in 46 CFR Part 572
governing the filing, processing and review of agreements subject to
the Shipping Act of 1984. 61 FR 11564 (Mar. 21, 1996). The revised
Information Forms for newly filed agreements, codified as Appendices A
and B to Part 572, require the submission of a list of all effective
agreements covering all or part of the geographic scope of the filed
agreement, whose parties include one or more of the parties to the
filed agreement.
In implementing the new regulations, the Commission has received
inquiries regarding the scope of ``effective agreements.'' For example,
it has been suggested that there is no useful purpose in including
agreements that are exempt from filing because of their lack of
competitive impact (see 46 CFR 572.302-311).
In response to these concerns, the Commission is amending the
instructions to Appendices A and B to state that the required list
should include only agreements that authorize specified activities that
are of significant regulatory concern. These are rate agreements
(including agreements that authorize discussion of rates or ``non-
binding'' rate agreements), joint service agreements, pooling
agreements, agreements authorizing discussion or exchange of data on
vessel-operating costs, sailing agreements, space charter agreements,
agreements authorizing regulation or discussion of service contracts,
and agreements authorizing capacity management or capacity regulation.
This amendment will lessen the burden on agreement carriers, while
ensuring that the Commission obtains information relevant to its
regulatory responsibilities.
Notice and opportunity for public comment were not necessary prior
to issuance of this amendment because it reduces existing requirements
and is less burdensome on the public. For the same reasons, the
amendments are effective upon publication in the Federal Register,
rather than being delayed for 30 days. 5 U.S.C. 553.
[[Page 64823]]
List of Subjects in 46 CFR Part 572
Administrative practice and procedure, Maritime carriers, Reporting
and recordkeeping requirements.
Therefore, pursuant to 5 U.S.C. 553 and sections 4, 5, 6, 10, 15
and 17 of the Shipping Act of 1984, 46 U.S.C. app. 1703, 1704, 1705,
1709, 1714 and 1716, Part 572 of Title 46, Code of Federal Regulations,
is amended as follows:
PART 572--AGREEMENTS BY OCEAN COMMON CARRIERS AND OTHER PERSONS
SUBJECT TO THE SHIPPING ACT OF 1984
1. 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.
2. In Appendix A to Part 572, Part II of the Instructions is
revised as follows:
Appendix A to Part 572--Information Form for Class A/B Agreements
and Instructions
* * * * *
Part II
Part II requires a list of all effective agreements (1) that
cover all or part of the geographic scope of the filed agreement,
(2) whose parties include one or more of the parties to the filed
agreement, and (3) that fall within at least one of the following
categories: an agreement that authorizes ``capacity management'' or
``capacity regulation'' as defined by 46 CFR 572.104(e); a ``joint
service agreement'' as defined by 46 CFR 572.104(o); a ``pooling
agreement'' as defined by 46 CFR 572.104(y); a ``rate agreement'' as
defined by 46 CFR 572.104(bb); a ``sailing agreement'' as defined by
46 CFR 572.104(cc); an agreement that authorizes regulation or
discussion of ``service contracts'' as defined by 46 CFR
572.104(dd); a ``space charter agreement'' as defined by 46 CFR
572.104(hh); or an agreement that authorizes discussion or exchange
of data on ``vessel-operating costs'' as defined by 46 CFR
572.104(kk).
* * * * *
3. In Appendix B to Part 572, Part II of the Instructions is
revised as follows:
Appendix B to Part 572--Information Form for Class C Agreements and
Instructions
* * * * *
Part II
Part II requires a list of all effective agreements that (1)
cover all or part of the geographic scope of the filed agreement,
(2) whose parties include one or more of the parties to the filed
agreement, and (3) that fall within at least one of the following
categories: an agreement that authorizes ``capacity management'' or
``capacity regulation'' as defined by 46 CFR 572.104(e); a ``joint
service agreement'' as defined by 46 CFR 572.104(o); a ``pooling
agreement'' as defined by 46 CFR 572.104(y); a ``rate agreement'' as
defined by 46 CFR 572.104(bb); a ``sailing agreement'' as defined by
46 CFR 572.104(cc); an agreement that authorizes regulation or
discussion of ``service contracts'' as defined by 46 CFR
572.104(dd); a ``space charter agreement'' as defined by 46 CFR
572.104(hh); or an agreement that authorizes discussion or exchange
of data on ``vessel-operating costs'' as defined by 46 CFR
572.104(kk).
* * * * *
By the Commission.
Joseph C. Polking,
Secretary.
[FR Doc. 96-31223 Filed 12-6-96; 8:45 am]
BILLING CODE 6730-01-M