[Federal Register Volume 61, Number 244 (Wednesday, December 18, 1996)]
[Rules and Regulations]
[Pages 66616-66618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32064]
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FEDERAL MARITIME COMMISSION
46 CFR Parts 501, 502, 504, 514, 552, and 560
[Docket No. 96-23]
Regulations Affecting Maritime Carriers and Related Activities in
Domestic Commerce
AGENCY: Federal Maritime Commission.
ACTION: Final rule.
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SUMMARY: The Federal Maritime Commission (``FMC'' or ``Commission'') is
removing its rules governing the financial reporting and agreement
activity of, and rate proceedings involving, vessel-operating common
carriers by water in the domestic offshore trades. Jurisdiction over
the port to port operations of those carriers has been transferred to
the Surface Transportation Board. The Commission is also amending
various other parts of its regulations to delete references to the
removed parts.
EFFECTIVE DATE: December 18, 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, DC 20573-0001, 202-523-5787.
SUPPLEMENTARY INFORMATION: The ICC Termination Act of 1995, Public Law
No. 104-88, 109 Stat. 803 (``ICC Termination Act''), transferred
jurisdiction over port to port operations in the noncontiguous domestic
trade, which formerly had been regulated by the FMC under the
Intercoastal Shipping Act, 1933, 46 U.S.C. app. 843-848 (``1933 Act'')
and the Shipping Act, 1916, 46 U.S.C. app. 801-842 (``1916 Act''), to
the Surface Transportation Board (``Board''). Accordingly, the
Commission is removing its major regulations governing domestic
offshore carriers, namely Part 552--Financial Reports of Vessel
Operating Common Carriers by Water in the Domestic Offshore Trades,
Part 560--Agreements by Common Carriers and Other Persons Subject to
the Shipping Act, 1916, and 46 CFR 502.67--Proceedings under section
3(a) of the Intercoastal Shipping Act, 1933. Only these major
regulations governing domestic carriers and references thereto are
being deleted at this time. All remaining references to the domestic
offshore trades in 46 CFR and any technical conforming amendments
necessary will be made at a later date.
The Federal Maritime Commission certifies, pursuant to section
605(b) of the Regulatory Flexibility Act, 5 U.S.C. 605(b), that this
final rule will not have a significant economic impact on a substantial
number of small entities, including small businesses, small
organizational units, and small governmental organizations.
The removal of Parts 552, 560 and Sec. 502.67, and references
thereto, is housekeeping in nature and will not impact a substantial
number of small entities.
This final rule does not contain any collection of information
requirements as defined by the Paperwork Reduction Act of 1995, as
amended. Therefore, OMB review is not required.
Notice and opportunity for public comment are not necessary prior
to issuance of these amendments because they reduce existing
requirements by deleting rules to reflect statutory changes to the
Commission's jurisdiction. For the same reason, the amendments are
effective upon publication in the Federal Register, rather than being
delayed for 30 days. 5 U.S.C. 553.
List of Subjects
46 CFR Part 501
Organization and functions, Delegation of authority, Seals and
insignia.
46 CFR Part 502
Administrative practice and procedure, Claims, Equal access to
justice, Investigations, Lawyers, Reporting and recordkeeping
requirements.
46 CFR Part 504
Environmental impact statements, Reporting and recordkeeping
requirements.
46 CFR Part 514
Freight, Harbors, Maritime carriers, Reporting and recordkeeping
requirements.
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.
Therefore, pursuant to 5 U.S.C. 553; and Pub. L. 104-88, 109 Stat.
803, chapter IV of title 46 of the Code of Federal Regulations is
amended as follows:
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.
2. In Sec. 501.5, paragraph (e) is amended by removing the words
``Shipping Act, 1916'' and the comma immediately thereafter; and
paragraph (g) is revised; and the second sentence of paragraph (h) is
revised to read as follows:
Sec. 501.5 Functions of the organizational components of the Federal
Maritime Commission.
* * * * *
(g) Under the direction and management of the Bureau Director, the
[[Page 66617]]
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 commerce of the U.S.,
including the filing of ocean common carrier agreements under section 5
of the Shipping Act of 1984, and the filing of agreements by marine
terminal operators under 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, and the Foreign
Shipping Practices Act of 1988.
(h) * * * These programs carry out provisions of the Shipping Act
of 1984; and Public Law 89-777, as implemented under Parts 510, 514,
540, 582 and 583 of this chapter. * * *
* * * * *
3. In Sec. 501.24, paragraph (e) is revised to read as follows; and
paragraph (h) is removed and reserved.
Sec. 501.24 Delegation to the Secretary.
* * * * *
(e) Authority to prescribe a time limit for the submission of
written comments with reference to agreements filed pursuant to section
5 of the Shipping Act of 1984.
* * * * *
4. In Sec. 501.26, paragraphs (a) through (d) are removed and
reserved; paragraph (l) introductory text is amended by removing the
words ``the Shipping Act, 1916, or''; paragraph (m) is amended by
removing the words ``section 15 of the Shipping Act, 1916, or''; and
paragraph (p) is removed.
PART 502--RULES OF PRACTICE AND PROCEDURE
5. The authority citation for Part 502 continues to read as
follows:
Authority: 5 U.S.C. 504, 551, 552, 553, 556(c), 559, 561-569,
571-596; 12 U.S.C. 1141j(a); 18 U.S.C. 207; 26 U.S.C. 501(c)(3); 28
U.S.C. 2112(a); 31 U.S.C. 9701; 46 U.S.C. app. 817, 820, 821, 826,
841a, 1114(b), 1705, 1707-1711, 1713-1716; E.O. 11222 of May 8, 1965
(30 FR 6469); 21 U.S.C. 853a; and Pub. L. 88-777 (46 U.S.C. app.
817d, 817e).
6. In Sec. 502.41, the third sentence is revised to read as
follows.
Sec. 502.41 Parties; how designated.
* * * A party against whom relief or other affirmative action is
sought in any proceeding commenced under Sec. 502.62 or Sec. 502.66, or
a party named in an order of investigation issued by the Commission,
shall be designated as ``respondent,'' except that in investigations
instituted under section 11(c) of the Shipping Act of 1984, the parties
to the agreement shall be designated as ``proponents'' and the parties
protesting the agreement shall be designated as ``protestants.'' * * *
Sec. 502.67 [Removed and Reserved]
7. Section 502.67 is removed and reserved.
Sec. 502.74 [Amended]
8. In Sec. 502.74, paragraph (b) is amended by removing the words
``protests seeking suspension of tariffs (Sec. 502.67)'' and the comma
immediately thereafter.
9. Section 502.111 is amended by revising the first two sentences
of paragraph (b) to read as follows:
Sec. 502.111 Form and appearance of documents filed with Commission.
* * * * *
(b) Filings by facsimile will not be accepted. Photocopies of
facsimile transmissions of signature pages on filings will be
tentatively accepted for the purpose of meeting filing deadlines
pending receipt of the original within seven working days. * * *
Sec. 502.114 [Amended]
10. In Sec. 502.114, paragraph (c) is amended by removing the words
``protests pursuant to Sec. 502.67''.
Sec. 502.118 [Amended]
11. In Sec. 502.118, paragraph (b)(5) is amended by removing the
words ``Sec. 502.67(d) and''.
12. Section 502.155 is revised to read as follows.
Sec. 502.155 Burden of proof.
In all cases, as prescribed by the Administrative Procedure Act, 5
U.S.C. 556(d), the burden of proof shall be on the proponent of the
rule or order. [Rule 155.]
Sec. 502.227 [Amended]
13. In Sec. 502.227, paragraph (a)(6) is amended by removing the
words ``Sec. 502.67 and''.
Sec. 502.271 [Amended]
14. In Sec. 502.271, paragraph (b) is removed and reserved.
PART 504--PROCEDURES FOR ENVIRONMENTAL POLICY ANALYSIS
15. The authority citation for Part 504 continues to read as
follows:
Authority: 5 U.S.C. 552, 553; secs. 21 and 43 of the Shipping
Act, 1916 (46 U.S.C. app. 820 and 841a); secs. 13 and 17 of the
Shipping Act of 1984 (46 U.S.C. app. 1712 and 1716); sec. 102 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(b)) and
sec. 382(b) of the Energy Policy and Conservation Act of 1975 (42
U.S.C. 6362).
16. In Sec. 504.4, paragraph (a)(5) is amended by removing the
words ``and domestic''; paragraph (a)(8) is removed and reserved;
paragraph (a)(9) is amended by removing the words ``section 15 of the
Shipping Act, 1916 or''; paragraphs (a)(17) and (a)(21) are removed and
reserved; and paragraph (a)(22) is amended by removing the words ``the
Shipping Act, 1916 or''.
PART 514--TARIFFS AND SERVICE CONTRACTS
17. 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.
18. In Sec. 514.1, the last sentence of paragraph (d)(1) and
paragraph (d)(2) are revised to read as follows:
Sec. 514.1 Scope, purpose, requirements, penalties and fees.
* * * * *
(d)(1) * * * The mere filing of a tariff does not excuse the tariff
owner or publisher from the obligations of the 1984 Act or this
chapter, regardless of whether these obligations preceded or followed
the filing of the tariff in question.
(2) Any tariff matter submitted for filing, including service
contracts and their essential terms, which fails in any respect to
conform with the applicable shipping statutes, with the provisions of
this part, or with a Commission Order, is subject to rejection or
partial rejection after filing.
* * * * *
Sec. 514.2 [Amended]
19. In Sec. 514.2, the definition of conference is amended by
removing ``Sec. 560.307(b) and''; the definition of marine terminal
services agreement is amended by removing ``Sec. 560.308(a) or''; the
definition of round trip excursion voyage is removed; and the text of
the definition of through transportation (domestic offshore commerce)
is amended by removing the last two sentences.
20. In Sec. 514.3, the first sentence of paragraph (a)(1) is
revised to read as follows; paragraphs (a)(3), (a)(5) and (a)(6) are
removed and reserved; the introductory text of paragraph (a)(7) is
revised to read as follows; paragraph
[[Page 66618]]
(a)(8)(ii) is amended by removing ``Sec. 560.308(a) or'' and
``Sec. 560.307(b) and'; paragraph (a)(10) is removed and reserved; the
text of paragraphs (b)(3) and (b)(5) is revised to read as follows; and
paragraph (e) is amended by removing the words ``under parts 515, 550,
580 and/or 581 of this chapter''.
Sec. 514.3 Exemptions and exclusions.
* * * * *
(a) * * *
(1) * * * Equipment-interchange agreements between common carriers
subject to this part and inland carriers, where such agreements are not
referred to in the carriers' tariffs and do not affect the tariff
rates, charges or practices of the carriers, are exempt from the tariff
filing requirements of the 1984 Act and the rules of this part. * * *
* * * * *
(7) Terminal barge operators in Pacific Slope States.
Transportation provided by terminal barge operators in Pacific Slope
States barging containers and containerized cargo by barge between
points in the United States are exempt from the tariff filing
requirements of 1984 Act and the rules of this part, where:
* * * * *
(b) * * *
(3) * * * Transportation of used military household goods and
personal effects by non-vessel-operating common carriers is exempt from
the filing requirements of the 1984 Act and the rules of this part.
* * * * *
(5) * * * Transportation of used military household goods and
personal effects by non-vessel-operating common carriers shipped by
federal civilian executive agencies under the International Household
Goods Program administered by the General Services Administration is
exempt from the filing requirements of the 1984 Act and the rules of
this part.
* * * * *
21. In Sec. 514.9, paragraph (b)(1)(i)(A) is redesignated as
paragraph (b)(1)(i), and paragraph (b)(1)(i)(B) is removed; the text of
paragraph (b)(7) is revised to read as follows; paragraph (b)(9)(i)(A)
is redesignated as paragraph (b)(9)(i), and paragraph (b)(9)(i)(B) is
removed; and paragraph (b)(24)(ii)(B) is removed and reserved.
Sec. 514.9 Filing/Amendment codes and required notice periods.
* * * * *
(b) * * *
(7) * * * Amendments of domestic offshore tariffs which change
rates, fares, charges, Tariff Rules, or other tariff provisions and
which constitute a general increase or decrease in rates, shall be
filed at least 60 days prior to their effective date and shall use the
symbol ``G.''
* * * * *
PART 552--[REMOVED]
22. Part 552 is removed.
PART 560--[REMOVED]
23. Part 560 is removed.
By the Commission.
Joseph C. Polking,
Secretary.
[FR Doc. 96-32064 Filed 12-17-96; 8:45 am]
BILLING CODE 6730-01-P