[Federal Register Volume 62, Number 202 (Monday, October 20, 1997)]
[Rules and Regulations]
[Pages 54396-54397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27668]


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FEDERAL MARITIME COMMISSION

46 CFR Part 586

[Docket No. 96-20]


Port Restrictions and Requirements in the United States/Japan 
Trade

AGENCY: Federal Maritime Commission.

ACTION: Petition for amendment to final rule; denial.

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SUMMARY: The Federal Maritime Commission is denying a request submitted 
by Japanese liner shipping companies that per-voyage fees owed to the 
agency pursuant to the final rule in this proceeding be made payable to 
escrow accounts, rather than to the Commission directly.

ADDRESSES: Requests for publicly available information or additional 
filings should be addressed to: Joseph C. Polking, Secretary, Federal 
Maritime Commission, 800 North Capitol Street, N.W., Washington, D.C. 
20573, (202) 523-5725.

FOR FURTHER INFORMATION CONTACT:
Thomas Panebianco, General Counsel, Federal Maritime Commission, 800 
North Capitol Street, N.W., Washington, D.C. 20573, (202) 523-5740.

SUPPLEMENTARY INFORMATION: The Commission's final rule in this 
proceeding (62 FR 9696, amended 62 FR 18532 and 62 FR 18533) assessing 
per-voyage fees on Japanese liner shipping companies in response to 
longstanding restrictive and unfavorable requirements for the use of 
Japanese ports become effective on September 4, 1997. Under the rule, 
Japanese shipping lines are scheduled to make their first payment of 
fees, covering the month of September, on October 15.
    On October 7, 1997, the Japanese carriers submitted a letter 
requesting that the Commission ``consider alternative ways and means by 
which

[[Page 54397]]

the Carriers could fulfill their payment obligations.'' Specifically, 
the Japanese lines urged that the Commission require that the carriers 
establish escrow accounts and pay the fees into these accounts, rather 
than paying them directly to the Commission. The carriers further 
requested that the Commission take any other steps to ``accomplish the 
objectives of this request.'' As the relief sought by the Japanese 
lines would involve changing the payment procedures set forth in the 
final rule, the Commission has determined to treat the letter as a 
petition for amendment of the final rule, which would have been the 
appropriate pleading in this instance. Copies of the request were 
served on other participants in this proceeding; no comments or 
responses were received from any party.
    In their request for alternative payment arrangements, the Japanese 
carriers have failed to cite any material improvements or reforms in 
the unfavorable Japanese port conditions that are the subject of this 
proceeding. Indeed, the Commission is unaware of any such progress 
since it last suspended the final rule in April. Accordingly, we find 
no basis for altering the collection procedures set forth in the final 
rule to postpone or redirect the payment of the fees. The Commission 
appreciates concerns raised by the Japanese lines regarding the 
complexity of the matters at issue; however, the Government of Japan 
has had ample opportunity to develop and implement necessary 
improvements. It has not, to date, done so.
    The Japanese carriers' request for alternative payment arrangements 
is denied.

    By the Commission.
Joseph C. Polking,
Secretary.
[FR Doc. 97-27668 Filed 10-17-97; 8:45 am]
BILLING CODE 6730-01-M