[Federal Register Volume 64, Number 44 (Monday, March 8, 1999)]
[Rules and Regulations]
[Pages 11218-11234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5293]



[[Page 11217]]

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Part V





Federal Maritime Commission





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46 CFR Part 520



Carrier Automated Tariff Systems; Final and Interim Rule

  Federal Register / Vol. 64, No. 44 / Monday, March 8, 1999 / Rules 
and Regulations  

[[Page 11218]]



FEDERAL MARITIME COMMISSION

46 CFR Part 520

[Docket No. 98-29]


Carrier Automated Tariff Systems

AGENCY: Federal Maritime Commission.

ACTION: Final rule and interim final rule.

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SUMMARY: The Federal Maritime Commission adds new regulations 
establishing the requirements for carrier automated tariff systems in 
accordance with the Shipping Act of 1984, as modified by Ocean Shipping 
Reform Act of 1998 and section 424 of the Coast Guard Authorization Act 
of 1998. As part of these rules, we are adopting as an interim final 
rule the definition of motor vehicle which was not included in the 
proposed rule.

DATES: This rule is effective May 1, 1999.
    Comments on the interim final rule portion are due March 23, 1999.

ADDRESSES:Send comments on interim final rule portion to: Bryant L. 
VanBrakle, Secretary, Federal Maritime Commission, 800 North Capitol 
Street, N.W., Room 1046, Washington, D.C. 20573, (202) 523-5725.

FOR FURTHER INFORMATION CONTACT:

Austin L. Schmitt, Director, Bureau of Tariffs, Certification and 
Licensing, Federal Maritime Commission, 800 North Capitol Street, N.W., 
Room 940, Washington, D.C. 20573, (202) 523-5796.
Thomas Panebianco, General Counsel, Federal Maritime Commission, 800 
North Capitol Street, N.W., Room 1018, Washington, D.C. 20573, (202) 
523-5740.

SUPPLEMENTARY INFORMATION: On December 21, 1998, the Federal Maritime 
Commission (``FMC'' or ``Commission'') published a Notice of Proposed 
Rulemaking in the Federal Register (63 FR 70368), proposing new 
regulations to implement the changes made in the area of common carrier 
tariffs by enactment of the Ocean Shipping Reform Act of 1998 
(``OSRA''), Public Law 105-258, 112 Stat. 1902. OSRA amended the 
Shipping Act of 1984 (``1984 Act''), 46 U.S.C. app. Sec. 1702 et seq., 
in several significant respects. Previously, common carriers and 
conferences had to file their tariffs (i.e., the schedules of their 
rates and charges) with the FMC's Automated Tariff Filing and 
Information System (``ATFI''). Under OSRA, carriers no longer have to 
file with the Commission, but are required to publish their rates in 
private, automated tariff systems. (Section 8(a)(1) of OSRA). These 
tariffs must be made available electronically to any person, without 
limits on time, quantity, or other such limitation, through appropriate 
access from remote locations, and a reasonable charge may be assessed 
for such access, except for Federal agencies. (Section 8(a)(2)). In 
addition, the Commission is charged with prescribing the requirements 
for the ``accessibility and accuracy'' of these automated tariff 
systems. The Commission also can prohibit the use of such systems, if 
they fail to meet the requirements it establishes. (Section 8(g)).
    The Commission received twenty-two comments on the Proposed Rule. 
Commenters were: Cargo Brokers International, Inc. (``CBI''); Household 
Goods Forwarders Association of America, Inc. (``HHGFAA''); China Ocean 
Shipping (Group) Company (``COSCO''); Fruit Shippers Ltd.; Pacific 
Coast Tariff Bureau (``PCTB''); Japan-United States Eastbound Freight 
Conference (``JUSEFC''); Council of European & Japanese National 
Shipowners' Associations (``CENSA''); Trans-Atlantic Conference 
Agreement (``TACA''); North American Van Lines, Inc. (``NAI''); Matson 
Navigation Company, Inc. (``Matson''); P&O Nedlloyd Limited (``P&O''); 
National Industrial Transportation League (``NITL''); Bicycle Shippers' 
Association, Inc. (``BSA''); Effective Tariff Management Corporation 
(``ETM''); Ocean Carrier Working Group Agreement (``OCWG''); National 
Association of Transportation Intermediaries (``NATI''); National 
Customs Brokers & Forwarders Association of America, Inc. (``NCBFAA''); 
American International Freight Association & Transportation 
Intermediaries Association (``AIFA''); Plus Integration and World 
Tariff Services (``WTS''); The Associated India/Pakistan Conferences 
(``India Conferences''); Direct Container Line, Inc. (``DCL''); and 
Transportation Tariff Publishers, Inc. (``TTP'').

General Comments

    As a general matter, many commenters believe that the proposed rule 
goes far beyond what is necessary to implement the prescriptions of 
OSRA. CENSA contends that the rule imposes ``form and manner'' 
requirements, rather than requirements concerning the ``accessibility 
and accuracy'' of tariffs. It believes that the rule will result in 
elaborate and costly systems not warranted by the limited role tariffs 
will play in the post-OSRA era and states that how a carrier chooses to 
present its rates and terms of service should be dictated by market 
demands and customer requirements. NAI likewise believes the proposed 
rule far exceeds any requirements relating to accuracy and 
accessibility and suggests that the Commission eliminate all portions 
of the rule relating to tariff contents and format. Matson contends 
that the cost and complexity of the rule goes beyond what is reasonable 
and continues many ATFI requirements.
    NITL notes that the Commission's role in overseeing new private 
tariff systems has been significantly reduced and submits that the 
Commission must eschew ``command and control'' type regulation and 
instead rely on broad standards that seek general results. It believes 
that a competitive market will achieve the desired result of accuracy 
and accessibility.
    OCWG also notes that the role of tariffs under OSRA will be reduced 
in that the large majority of cargo will move under service contracts. 
It contends that the maximum use of tariffs will occur only through a 
minimum degree of regulation. OCWG suggests that there are two 
components of accessibility: (1) can a user find and gain access to a 
particular tariff; and (2) once in a tariff, can the user locate 
specific tariff matter? It claims that the Commission's rule largely 
perpetuates ATFI, even though many aspects of ATFI have been rendered 
obsolete. Lastly, OCWG alleges that carriers will be forced to rely on 
outside vendors to design and maintain tariffs and that a system to 
meet the proposed requirements would cost $500,000 or more.
    The Commission is not insensitive to many of these general concerns 
raised by these commenters. It has accordingly kept them in mind while 
addressing other, more specific comments in the proposed rule.

Section 520.2  Definitions

    ``Co-loading''--P&O contends that this definition should include a 
provision that when an NVOCC tenders a co-loaded container to an ocean 
common carrier it certify that all NVOCCs whose cargoes are co-loaded 
have met all license, tariff and bonding requirements. P&O's concerns 
are met by Sec. 515.27, which provides that no common carrier (e.g., an 
NVOCC) may transport cargo for a shipper known to be an NVOCC unless 
the carrier has determined that the NVOCC has a tariff and financial 
responsibility required by sections 8 and 19 of the Act.
    ``Combination rate''--P&O suggests changing this term to ``multi-
factor through rate'' because combination rate is allegedly not a term 
in general industry usage. We decline to adopt

[[Page 11219]]

P&O's suggestion, as the term ``combination rate'' has been defined and 
is widely used in current tariffs. In light of the fact that many 
carriers will simply carry over their current tariffs in their 
automated systems, this may not be the appropriate time to change the 
term.
    ``Commodity description''--P&O avers that the definition appears to 
require the inclusion of all applicable assessorials, which would 
undermine the ability of carriers to apply assessorials by rule without 
notation to a specific TRI. ETM also contends that the requirement to 
show all assessorials should be removed and that the requirement to 
show commodity index entries is also redundant. The Commission has 
adopted these suggestions and deleted the references to assessorials 
and commodity index entries.
    ``Common carrier''--Fruit Shippers suggests that this definition 
should be amended to include changes made by the Coast Guard 
Authorization Act of 1998, Pub. L. 105-383. Inasmuch as the proposed 
rule included this change, there is no need to amend this definition in 
the final rule.
    ``Conference''--JUSEFC submits that the current definition of 
conference should be retained since it substantially tracks the 
definition in the 1984 Act. It further notes that the Commission did 
not explain the reasons for the change, thereby making comment on it a 
matter of speculation. P&O and OCWG also argue that the definition 
should not be revised. The Commission will implement the definition as 
proposed to comport with the definitions in parts 530 (service 
contracts) and 535 (agreements). In that latter proceeding, the reasons 
for proposing such a change were fully explicated.
    ``Forest products''--PCTB concedes that this definition reflects 
Congressional intent. It nonetheless maintains that it needs some 
examples or the Harmonized Codes for the new additions. The Commission 
declines to adopt this suggestion. Examples or Harmonized Code 
references are not provided elsewhere in the definitions, and would not 
seem appropriate here.
    ``Harmonized system''--PCTB and WTS note that this definition only 
refers to the codes for imports and that language should be added for 
Schedule B, which applies to exports. The Commission agrees and has 
modified the definition accordingly.
    ``Intermodal transportation''--P&O suggests that the word 
``through'' be inserted between the words ``continuous'' and 
``transportation.'' The Commission has incorporated this change in the 
final rule.
    ``Joint rates''--P&O would change the term to ``joint through 
rates'' to properly reflect how the cargo is moving. However, joint 
rates involve ocean transportation over combined routes of two or more 
common carriers, and could involve combination rates or through rates. 
Moreover, the term is currently used widely in tariffs and will likely 
be carried over to automated systems. It would also benefit from notice 
and comment, and is not, therefore, adopted.
    ``Local rates''--P&O suggests that this term be changed to ``port 
to port rates'' as better describing the service. However, we decline 
to adopt this suggestion as port to port rates can be proportional 
rates which are based on prior or subsequent movements, contrary to the 
specific language of the definition, which states that local rates are 
not contingent on prior or subsequent movements.
    ``Loyalty contract''--ETM contends that this definition should not 
be restricted to deferred rebate arrangements, but should also include 
special specific rates or discount provisions. However, the definition 
in the proposed rule is consistent with the changes in the statutory 
definition made by OSRA and will therefore remain unchanged.
    ``Motor vehicle''--The proposed rule did not contain a definition 
for ``motor vehicle.'' However, OSRA's use of this term in section 8(a) 
of the 1984 Act may have created some confusion in the industry. The 
Commission has thus defined the term to include not only automobiles 
but also trucks, vans and other motor vehicles used for the 
transportation of passengers and cargo, but does not include equipment 
such as farm or road equipment which has wheels but whose primary 
purpose is other than transportation. This definition appears 
consistent with the discussion in the Senate Report on S. 414. S. Rep. 
No. 61, 105th Cong., 1st Sess. 22 (1997). Because this definition was 
not included in the proposed rule, however, it will go into effect as 
an interim final rule and interested parties will have an opportunity 
to comment.
    ``Ocean common carrier''--PCTB notes that this definition is not 
consistent with proposed Secs. 535.104(u) and 530.3(j). WTS also 
suggests that the terms should be consistently applied throughout. The 
Commission has retained the definition in the proposed rule, but 
amended the service contract and agreement rules to achieve 
consistency.
    ``Person''--P&O would like the Commission to make it clear that the 
term ``person'' includes not only shippers, forwarders and the FMC, but 
ocean common carriers as well. This suggestion does not appear to be 
necessary. Ocean common carriers would fit within the ambit of the term 
as it is currently defined.
    ``Single factor rate''--P&O would add a definition of ``single 
factor rate'' to read ``the single amount charged by a common carrier 
in connection with through transportation involving more than one mode 
of service.'' This is essentially what the current definitions of 
``through rate'' and ``through transportation'' do and is not, 
therefore, necessary.
    ``Through rate''--P&O would amend this definition to read ``the 
total amount charged by a common carrier in connection with multi-
factor or single-factor through transportation.'' This change is 
unnecessary given that the Commission is not adopting P&O's other 
suggested definitional changes relating to intermodal transportation.
    ``Thru date''--ETM suggests that this definition should be removed, 
because all tariff changes can be accomplished with amendments without 
the use of a thru date. While we agree that tariff changes may be 
accomplished without the use of thru dates, there may be system reasons 
for using them. The term will accordingly remain defined for any 
carrier that chooses to use it.
    P&O also suggests that definitions for ``demurrage,'' ``detention'' 
and ``free time'' should be added and suggests the definitions 
appearing in the ANERA tariff. These terms presently appear to vary 
considerably from carrier to carrier and can apply to either carrier 
equipment or the cargo. We believe that they should continue to be 
defined in the individual carrier's tariff and are unable to adopt 
these suggestions at this time. At a minimum, they would warrant 
additional notice and comment.

Section 520.3  Publication Responsibilities

    JUSEFC and OCWG both contend that conference members should 
continue to have the option of publishing their open rates either in a 
conference tariff or their own tariffs. P&O further contends that 
individual carriers should be permitted to publish their own 
independent action rates and open rates.
    Independent action rates are not presently permitted to be 
published in individual carrier tariffs, unlike open rates. The 
Commission believes that independent action rates should continue to be 
published in a common conference tariff. Independent action

[[Page 11220]]

items change frequently and would be difficult to follow if they were 
published in several different independent tariffs. Open rates, on the 
other hand, are rates for commodities over which a conference has 
relinquished ratemaking authority and thus more properly appear in 
independent tariffs. The Commission is accordingly amending paragraph 
(b) to indicate that conferences ``may'' publish open rates of their 
members, and that alternatively, open rates may be published in 
individual tariffs of conference members.
    COSCO supports the Commission's publication on its website of the 
locations of carriers' tariffs. PCTB likewise supports such a listing, 
but suggests that the Commission adopt a specific, frequent periodic 
basis for updates, e.g., weekly. While the Commission believes that it 
may be possible to update this listing on a frequent basis, it is 
reluctant to impose any such requirement by rule.
    ETM submits that the Commission should clarify that the 
notification required by paragraph (d) may be by mail, courier, or 
facsimile. It further suggests that Form FMC-1 should appear on the 
Commission's website as soon as possible and supports no fee for the 
submission of the form. The Commission is amending paragraph (d) to 
indicate that Form FMC-1 be submitted electronically via the 
Commission's website. The Commission will design an interactive form by 
which carriers can submit the requisite information.1 This 
approach is consistent with our treatment of marine terminal operator 
schedules. To the extent any carrier is unable to file pursuant to this 
process, it can seek a waiver from the Director, Bureau of Tariffs, 
Certification and Licensing (``BTCL'') to file by alternate means. In 
addition, the Commission notes that existing entities operating as 
common carriers or conferences may continue to use their current 
organization numbers.
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    \1\ Form FMC-1 will be operational by April 1, 1999. This 
provides sufficient time for carriers to comply by May 1, 1999.
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    BSA is concerned that the Commission may not be able to ensure that 
carrier tariff homepages are properly updated and the validity of all 
common carrier automated tariff systems. It asserts that more 
definitive regulations addressing webpage security requirements are 
needed to preserve the security and integrity of the tariff system as a 
whole. The Commission appreciates these concerns. However, once 
carriers have begun to operate under the new requirements, the 
Commission will be in a better position to address these issues.

Section 520.4  Tariff Contents

    PCTB supports the use of specific titles in paragraph (d) to 
identify common rules appearing in most tariffs. It requests 
clarification, however, that the Commission is not requiring the 
numbering sequence used to display the rule titles in that paragraph. 
ETM recommends that the ordering or numbering of the nineteen (19) 
items should be at the option of the ``filer.'' WTS asserts that a 
significant number of retrievers use standard rule numbers to retrieve 
certain rules and contends that rule numbers should be mandated.
    On the other hand, JUSEFC maintains that the required 19 rule 
titles are rigid and deprive publishers of needed flexibility. It 
suggests that a violation could occur from the omission of a single, 
non-essential word and that publishers would be prohibited from 
separating or consolidating tariff matter. JUSEFC further avers that 
tariff publishers are in the best position to determine the most 
effective way to present their tariff information. It concludes by 
suggesting that tariff titles be recommended rather than mandatory.
    JUSEFC's views have merit and, as a result, the Commission is 
substantially amending paragraph (d). The nineteen subject areas for 
which specific rule titles were required have been deleted. Carriers 
simply have to publish any rule that affects the application of their 
tariffs, but they are free to use any appropriate titles for their 
rules.
    NCBFAA states that the decision to encourage the use of the U.S. 
Harmonized Tariff Schedule (``HTS'') is very helpful, and promotes 
international acceptance of a common language. While supporting the 
general content requirements for all tariffs, BSA also strongly 
supports the FMC's encouraging the use of the U.S. HTS. DCL, on the 
other hand, believes that listing commodities exclusively through the 
U.S. HTS would be burdensome for NVOCCs. The Commission continues to 
believe that use of the U.S. HTS would be beneficial to trade in 
general. The proposed rule did not mandate use of the U.S. HTS. It 
simply stated that carriers should use the U.S. HTS ``to the maximum 
extent possible.'' However, in view of the comments, the final rule has 
been reworded to indicate that, if carriers use numeric codes for 
commodities, they are encouraged to use the U.S. HTS.
    JUSEFC opposes the requirement in paragraph (e) that commodity 
descriptions have a distinct 10-digit numeric code. It considers such a 
requirement to be a carryover from ATFI, with no technological 
justification, given the wide variety of software allegedly available. 
Moreover, it contends that even under ATFI, 10-digit commodity 
numbering was not necessary. Matson notes that it does not use a 10-
digit numbering system internally, and argues that it should be able to 
use its internal numbering system which interacts with its other 
systems. NITL opines that if a tariff uses a numeric code to identify a 
commodity, there is no reason to require only a 10-digit code. As long 
as a system permits a user to locate covered commodities, NITL sees no 
reason for numeric codes at all. AIFA notes that NVOCCs often offer 
rates for classes of commodities on a cubic meter basis, and that 10-
digit codes add a needless layer of complexity.
    The carrier members of OCWG also oppose 10-digit codes for 
commodities. They contend that any numeric code is not an indispensable 
requisite for a tariff and that it is unclear how such codes would 
assist users in locating specific tariff matter. They further suggest 
that very few shippers will know the code, particularly when carriers 
are free to use any system they wish.
    In light of the above comments, the Commission is deleting the 
requirement that a distinct 10-digit numeric code must be used for each 
separate commodity in a tariff. Instead, the final rule will state that 
numeric codes ``may'' be used, and that publishers are encouraged to 
use the U.S. HTS. In addition, the definitions of ``commodity 
description number'' and ``TRI number'' in Sec. 520.2 have been 
modified to reflect this change.
    P&O suggests that the very detailed requirements of what must be 
included in a TRI are more detailed and complex than need be. In 
particular, it points to item nine (9) in paragraph (f) as being 
unclear and raises several questions about it. OCWG further submits 
that item two (2) in paragraph (f) should be revised by adding the word 
``(optional).'' The Commission has adopted these suggestions in the 
final rule. Item 9 has been deleted, item seven (7) combined with item 
six (6) (``rate and rate basis'') and item 2 has been modified to point 
out that TRI numbers are optional.
    COSCO has requested that the Commission clarify how 
Sec. 520.4(e)(1) (commodity descriptions) would apply to a class rather 
than a commodity tariff. The Commission notes that this issue was not 
addressed under the ATFI rules, and that it was up to carriers and 
conferences to develop their own rules

[[Page 11221]]

and practices under those circumstances. The Commission discerns no 
reason to alter this situation under OSRA.
    JUSEFC contends that Sec. 520.4(e)(3)(ii) will result in complex 
additional programming to generate the list of TRIs applicable to every 
indexed item as required separately by Sec. 520.6(c). It states that 
the requirement appears to apply to ``viz'' lists, resulting in 
thousands of unnecessary index entries. The Commission does not 
consider it burdensome to require index entries for every commodity 
listed in a commodity description. This should not preclude tariff 
publishers from using commodity descriptions which are commercially 
developed; if they include more than one commodity within a commodity 
description, they simply have to show those commodities in the index.

Section 520.5  Standard Tariff Terminology

    BSA supports the use of standardized codes as being consistent with 
Congressional intent that tariff information and tariff publishing 
systems be simplified and standardized. Further, BSA asserts that these 
codes must be enforced by the Commission for all common carriers, 
conferences and filing parties. NAI suggests two additional codes to 
the ``packaging codes'': ``Knockdown Wood Crates (KWC)'' and ``Wood 
Crates (WC).'' NITL, on the other hand, does not believe that standard 
codes should be adopted, as they are likely to become quickly outdated. 
JUSEFC maintains that there should be no prior approval for the use of 
a code not on the list. OCWG argues that approved codes are a form and 
manner requirement of the type the Commission no longer has authority 
to issue. It further contends that the proposed terminology is not 
commonly used in the industry by either shippers or carriers and that 
standard codes only make sense when all tariffs are filed in the same 
database.
    The Commission continues to believe that the codes contained in the 
Appendix are the types of standardization envisioned by Congress. 
Moreover, we seriously doubt that the majority of codes will become 
quickly outdated or are not used in the industry today. Nonetheless, in 
light of the comments, the Commission has made several changes to 
paragraph (a). References to ``approved codes'' have been deleted and 
it has been clarified that the codes are intended to provide a 
standard, terminology baseline. But, rather than have the Commission 
consider additions to the Appendix on a case-by-case basis, the final 
rule provides that tariff publishers may use additional codes, if they 
are clearly defined in their tariffs.
    PCTB notes that the National Imagery and Mapping Agency (``NIMA'') 
gazeteer only covers foreign locations. It suggests the use of the 
Geographic Names Information System (``GNIS'') for U.S. locations. The 
Commission has adopted this suggestion in the final rule.
    The majority of the commenters objected to the requirement that 
locations in a tariff must appear in the NIMA gazeteer and ports in the 
World Port Index (``WPI''). COSCO suggests that the Commission should 
permit the use of new place names, if a carrier can demonstrate that 
they are in current usage. CENSA would eliminate entirely the 
requirement that foreign locations be identified with a relevant 
gazeteer. This would purportedly enable carriers to use simpler tariff 
structures. Matson likewise believes that NIMA geographic locations 
should be eliminated, while P&O further objects to the WPI. NITL avers 
that publishers should be free to use common, everyday names for ports 
and locations, as long as they are clear. OCWG expresses similar 
sentiments, questioning the need for standard location names in systems 
that are all different, unlike ATFI. Moreover, it claims that the use 
of standardized geographic names was required in ATFI because it was a 
government database.
    In light of these comments, the Commission has amended paragraph 
(b) to make the use of NIMA, GNIS, or WPI advisory, rather than 
mandatory. In addition, the rule has been clarified to permit 
publishers to use geographic names that are currently in use but not 
yet included in these publications.

Section 520.6  Retrieval of Information

    BSA supports the proposed rule's requirement that tariffs provide 
users with the ability to search for commodities by text or number 
search. It further suggests that the Commission could require tariff 
systems to search for various commodities by U.S. HTS or by a simple 
description of the commodity in question. ETM suggests that paragraph 
(a) be clarified to require a ``method of tariff selection.'' CENSA, on 
the other hand, believes that the complex tariff searching mechanisms 
are a burden. NITL also submits that the extensive search requirements 
may not be necessary. It suggests that a comprehensive text search 
capability, linked to a reference to the applicable basic ocean freight 
rate and any applicable assessorials would meet shippers' needs for 
accuracy and accountability. OCWG also asserts that the extensive 
search requirements will require carriers to expend significant sums of 
money and contends that tariffs can be searched by a much simpler 
mechanism--a text search capability. It concludes that commodities and 
rules could be located easily and quickly through ``key word'' searches 
of a tariff. OCWG also notes that, without a requirement for numeric 
commodity coding, there is no need for searches based on a 14-digit 
TRI.
    After further review, we believe that the capability to search for 
tariff matter by text search appears to provide a sufficient degree of 
accessibility to tariff users at this time. As a result, paragraphs 
(a), (b), (c), and (d) have been amended in several aspects. Paragraph 
(a) sets forth general search requirements for tariff systems as a 
whole, while paragraph (b) limits searches for tariff matter to non-
case sensitive text searches. The requirement for direct rate search by 
TRI number has been deleted. Paragraph (c) states that retriever 
selection of a specific commodity from a commodity index list will 
provide an option for searching for a rate. Lastly, paragraph (d) 
provides a text search mechanism to locate objects within an object 
group.
    Paragraph (e) of the proposed rule required a minimum rate 
calculation capability for tariffs--the basic ocean freight (to include 
any adjustments to the basic ocean freight and inland rates for 
combination rates) and a list of all applicable assessorial charges, by 
rule number and charge title. NCBFAA supports this proposal, noting 
that people accessing a tariff should be able to find the ``all-in'' 
cost by making a single inquiry. They further contend that this would 
not require enormous programming expertise. NITL also supports the 
proposal, stating that it is important that a tariff reveal a 
calculated basic ocean freight rate and at least a list of all 
applicable assessorial charges. It views this as the ``bottom-line'' 
requirement for tariff accuracy that the statute requires. BSA would 
continue the ``bottom-line'' calculation capability currently found in 
ATFI.
    On the other hand, COSCO asserts that the minimum rate calculation 
capability required by the proposed rule is just short of a bottom-line 
calculation and would require a considerable investment in software. 
Matson likewise believes that this capability would require a 
substantial programming effort and would cost it at least $1.6 million 
to develop. JUSEFC argues that the calculated basic ocean freight is 
contrary to OSRA and should be deleted or made a recommended feature. 
It questions why the Commission deems tariff users capable of reading 
and

[[Page 11222]]

calculating all assessorials, but finds them unable to read and apply 
rules pertaining to minimum quantities and quantity discounts. OCWG 
asserts that the proposed rate calculation capability requires all the 
functions of ATFI, except reaching a bottom-line rate, and would 
require ATFI-like algorithms in private systems. The carriers further 
contend that writing such algorithms and linking them to TRIs would be 
complex, time-consuming and expensive and would require the use of 
third party vendors. OCWG concludes by arguing that carriers should be 
able to provide tariff users with the charges that apply without the 
use of links or algorithms--by simply listing the charges that apply to 
all shipments in text format.
    Upon reconsideration, the Commission has amended paragraph (e) by 
deleting the requirement for a calculated basic ocean freight and 
instead will require a display of the basic ocean freight rate and a 
list of all applicable assessorial charges. This will significantly 
reduce the burdens for publishers while still satisfying the 
requirements of OSRA. This paragraph further states that if other rules 
or charges may be applicable to a shipment under certain circumstances, 
the tariff shall so indicate. This approach should still enable a 
shipper to ascertain all of the charges that will be applicable to a 
particular shipment, without requiring carriers to engage in the 
calculations necessary to arrive at a calculated basic ocean freight 
rate.
    OCWG has also proposed that the Commission eliminate the 
requirement in paragraph (f) that all tariff matter display the 
publication date and effective date. They argue that in a system with 
no ``access-date capacity,'' these dates do not provide any useful 
information. They further contend that matter appearing in a tariff as 
accessed would by definition be effective and applicable and that only 
newly filed tariff matter that has not yet become effective should show 
an effective date.
    The Commission declines to accept this suggestion. Under the final 
rule, tariff systems will still have to provide access date capability 
to retrievers. This means that tariff users will have access to data in 
effect on a given date in the past and publication dates and effective 
dates may be of interest to them. Moreover, a tariff system without 
such information would make it virtually impossible for a shipper to 
audit its transportation costs or for the Commission to ascertain 
compliance with the requirements of the 1984 Act.

Section 520.7  Tariff Limitations

    P&O suggests that the Commission should continue the existing 
practice of permitting ninety (90) days for transition from an 
individual tariff to a conference tariff. OCWG likewise states that new 
conferences and new members of conferences should have 90 days to 
publish their tariffs or begin participating in the conference tariff. 
The Commission agrees and has amended paragraph (g) accordingly. In 
addition, the Commission has added new language to indicate that 
individual conference members may still publish their own separate 
tariffs on open rates.
    Proposed subsection (a)(3) prohibited cross-references to any other 
tariffs, except a tariff of general applicability maintained by that 
same carrier or conference. COSCO suggests that the Commission 
reconsider this prohibition, and permit cross-referencing as long as 
the other tariff is also available on-line. PCTB maintains that the 
Commission should allow reference to general reference tariffs (e.g., 
IMO Dangerous Goods Code, Bureau of Explosives Tariffs), as is 
currently permitted, if information is provided as to where such 
tariffs are available for inspection. P&O also questions the reasons 
for the prohibition and suggests that cross-referencing should be 
allowed to ``another tariff to which the tariff's publisher is also the 
publisher or a participating carrier.'' OCWG submits that the 
prohibition should be eliminated or modified. It notes that in an 
electronic environment, moving from one tariff to another is much 
easier. At the least, it contends that cross-referencing for time/
volume rates should be allowed.
    The Commission agrees with the general thrust of these comments. As 
an initial matter, the cross-referencing prohibition has been limited 
to ``rate'' tariffs. As a result, carriers can reference other 
publications that are commonly used in the industry, such as general 
reference tariffs. In addition, the exceptions to the prohibition have 
been expanded to permit necessary cross-references occasioned by time/
volume rate situations.
    In its general comments, OCWG noted that the proposed rule is 
silent on how the Commission intends to deal with tariff matter that it 
considers deficient. It believes that ground rules would be beneficial 
for both the industry and the Commission's staff, and has suggested a 
provision which would require the Commission to seek voluntary 
correction of allegedly deficient tariff matter. The Commission has not 
adopted this suggestion in the final rule. The Commission anticipates 
that it will seek, under OSRA, voluntary correction of tariff matter 
that is unclear, incomplete or not in accordance with applicable 
statutory and regulatory requirements. However, the Commission does not 
want to hold itself to such rigid requirement in all instances.

Section 520.8  Effective Dates

    COSCO, a controlled carrier, claims that the 30-day advance notice 
requirement for rate reductions in the bilateral trades will 
disadvantage it, as it will be unable to offer short-notice rate 
reductions to its customers, many of whom book small amounts of 
containers at a time. It further contends that the Commission's 
exemption in Petition No. P1-98 will not give it sufficient 
flexibility, since it only allows COSCO to meet competitors' published 
rates. COSCO thus urges the Commission to consider steps to mitigate 
the damaging effects of the 30-day notice requirement.
    The Commission is unable to take any measures in this rulemaking 
proceeding to mitigate the effects of the 30-day notice requirement for 
rate reductions by controlled carriers in the bilateral trades, since 
such relief is outside the scope of this proceeding. Moreover, the 
Commission questions the appropriateness of such relief, given the fact 
that Congress consciously repealed the bilateral trade exemption when 
passing OSRA.
    BSA suggests that the Commission should require the effective date 
of tariffs to be clearly stated on all published tariffs. While there 
is nothing inherently wrong with such a requirement, its need may be 
obviated by the fact that Sec. 520.6(f) requires all displays of 
individual tariff matter to include an effective date. The Commission 
declines at this time to adopt BSA's suggestion.
    PCTB questions the omission of the word ``charge'' from paragraph 
(a). It also requests clarification on whether a carrier introducing a 
new service which has a charge, e.g., new outports subject to an 
arbitrary charge, can do so without a 30-day delay. The Commission has 
amended paragraph (a) to include the word ``charge.'' The Commission is 
reluctant to conclude that the introduction of such a new service 
should warrant across-the-board relief from the 30 days' notice 
requirement. Carriers desiring relief can always seek special 
permission pursuant to Sec. 520.14.

Section 520.9  Access to Tariffs

    CENSA supports the access requirements via dial-up or the internet. 
NATI, however, suggests that other

[[Page 11223]]

methods of access should be permitted, subject to Commission approval. 
ETM claims that a static internet address limits a carrier's ability to 
change systems or agents. ETM also suggests that proposed 
Sec. 520.9(e)(3) should be amended to reflect that some carriers and 
conferences will use systems of their agents. ETM also questions what a 
reasonable fee should be and asks for confirmation that pricing 
matrices will be acceptable. P&O again asks clarification that 
``person'' includes ocean common carriers. It also raises the specter 
of a large number of persons accessing a tariff slowing a site or 
making it unaccessible to others. P&O suggests that publishers should 
be free to terminate a connection that has not been active for 10 
minutes. P&O also believes that the Commission should clarify that 
carriers can provide access without user names or passwords, and at no 
cost.
    BSA expresses concern that the rules do not address the 
unauthorized tampering of websites, resulting in misinformation, and 
recommends that the FMC initiate an industry-wide forum to discuss and 
address tariff security and integrity issues. It further recommends the 
Commission adopt regulations aimed at persons who knowingly access and 
tamper with the security and integrity of a tariff.
    The Commission shares BSA's concerns about tariff security and 
integrity. However, this rulemaking proceeding is not the proper forum 
within which to address such issues. Integrity issues can be revisited 
once the rules implementing OSRA have been in place and we have 
experience under them. The Commission also notes that anyone seeking to 
provide another method of access to tariffs could petition for a 
rulemaking or an exemption. The Commission does not perceive a need to 
adopt specific rules regarding the length of access-time that is 
reasonable. We note, however, that in a situation when other potential 
users are being denied access, it would not be unreasonable to 
terminate inactive connections. There is no need to indicate that 
carriers can provide access at no cost since they ``may'' assess a 
reasonable fee. The Commission further notes that there is nothing 
inherently suspect about pricing matrices. Lastly, the Commission has 
amended paragraph (g) so that user identification and passwords must be 
provided to the Commission only if the publisher requires them.

Section 520.10  Integrity of Tariffs

    NCBFAA asserts that the five (5)-year data retention requirement in 
paragraph (a) is critically important to parties who need it to recall, 
track, and memorialize tariff information. COSCO accepts a requirement 
for storing historical data for 5 years, but opposes on-line storage. 
COSCO and Matson would like the ability to store historical data on 
hard copies. Matson maintains that keeping tariffs available on-line is 
beyond its current capabilities and that historical data is rarely 
required by its customers. P&O suggests that data be maintained on-line 
for one year, with back-up tapes or other acceptable storage medium for 
four (4) years. NITL also finds the 5-year requirement overly 
burdensome. It submits that a requirement that carriers furnish 
historical data for 5 years without charge to a shipper upon request 
should be sufficient. AIFA contends that the retention requirement will 
present particular problems for NVOCCs, all of whose shipments will 
move under tariff rates that will change often. DCL raises similar 
concerns. OCWG asserts that there is nothing about retaining historical 
data on-line that makes past or current data any more or less accurate. 
They maintain that the Commission and shippers can gain access to 
historical data off-line, by submitting a written request.
    The Commission is pleased to see that all carriers accept the fact 
that there is a need to maintain historical tariff data for 5 years. 
The only issues are whether data can be stored off-line in some other 
form and, if so, for how long. After fully weighing the comments, the 
Commission concludes that a two (2)-year on-line access requirement 
will meet its needs and those of the shipping public while the 
remaining three (3) years may be kept off-line. The final rule has been 
so modified. In addition, if data is retained in some other electronic 
form, such data shall be made available to any person or the Commission 
within a reasonable time. The Commission is not going to define 
reasonable period of time at this moment, but expects carriers to 
respond to all requests with due diligence. In addition, carriers will 
be permitted to charge a reasonable fee for the provision of historical 
data, not to exceed the fees for obtaining such data on-line, but 
cannot charge any fees to federal agencies.
    JUSEFC suggests that the written certification required by 
paragraph (e) should be deleted as unnecessary. It contends that 
carriers and conferences are sufficiently made responsible for the 
content of their tariffs by the 1984 Act and other tariff regulations. 
OCWG likewise contends that the certification serves no useful purpose.
    The Commission nonetheless concludes that a certification 
requirement serves a useful purpose under the 1984 Act, as amended by 
OSRA. At the very least it serves as notice to a carrier or conference 
that the information in its tariffs must be correct and remain 
unaltered. Indeed, given the decision to permit off-line data 
retention, this certification may take on even greater significance. 
However, the Commission concludes that a written certification by an 
officer filed with it may not be necessary. Instead, the purposes of 
the proposed requirement can be met by publishing a similar statement 
with the carrier's tariff record. Accordingly, Sec. 520.4(c) has been 
amended to include the requisite statement.
    ETM notes that paragraph (d) of the proposed rule requires carriers 
to provide the Commission ``reasonable access'' to their automated 
systems. It states, however, that systems will require periodic routine 
maintenance, software upgrades and other actions that may affect 
accessibility, and, as such, requests that the Commission define 
``reasonable access.'' The Commission recognizes that publication 
systems may require some down-time for the types of activities 
envisioned by ETM. However, we do not believe that ``reasonable 
access'' needs to be further limited or defined, at this point in time. 
If problems arise during practice, the Commission can address them in a 
subsequent rulemaking proceeding.

Section 520.11  Non-Vessel-Operating Common Carriers

    CBI maintains that the requirement for cross-referencing on NVOCC 
bills of lading under carrier-to-carrier agreements should be 
eliminated, because there is no value-added service and it complicates 
OTI operations. However, the Commission is unable to make such a change 
at this time. The issue may be more appropriately raised in any overall 
review of the co-loading rules that may occur once OSRA's implementing 
regulations are complete.
    AIFA asserts that NVOCCs need flexibility to publish extremely 
simple electronic tariffs in a format best suited to their individual 
operations. It suggests further that the Commission should conduct a 
rulemaking to determine whether a full or partial exemption from tariff 
filing is warranted for NVOCCs. DCL likewise contends that the true 
solution is an NVOCC exemption from tariff filing. The Commission 
believes that any such exemption is beyond the scope of this rulemaking 
proceeding. To the extent that AIFA or others seek to invoke the 
exemption authority under section 16 of the 1984 Act, as modified by 
OSRA,

[[Page 11224]]

they should file a petition for exemption with appropriate 
justification.

Section 520.12  Time/Volume Rates

    OCWG endorses the proposed changes in Secs. 520.12(c) and (e), as 
codifying existing Commission practice. It suggests, however, that 
language should be added to paragraph (e) to clarify that carriers are 
not precluded from rerating cargo in the event a shipper fails to 
fulfill the minimum volume requirement of a time/volume rate. The 
Commission agrees, and has added appropriate language to paragraph (e).

Section 520.13  Exemptions

    HHGFAA points out an apparent clerical error in Sec. 520.13(c)(5), 
that perpetuates a similar error in 46 C.F.R. Sec. 514.3(b)(5). It 
notes that the intent of the exemption was to exempt ``civilian'' 
household goods moving under the International Household Goods Program 
administered by the General Services Administration, and, therefore, 
the adjective ``military'' should be deleted. The Commission agrees 
with this suggestion and has accordingly amended Sec. 520.13(c)(5) in a 
manner consistent with HHGFAA's comment.
    NAI requests that the Commission clarify that the exemption in 
Sec. 520.13(c)(3) only applies to rates filed with the Military Traffic 
Management Command (``MTMC'') for shipments of used military household 
goods and personal effects for the account of the Department of Defense 
(``DOD''). NAI avers that this ``clarification'' is consistent with the 
Commission's intent when it originally adopted the exemption in 1981. 
Regardless of the merit to NAI's position in this matter, the 
Commission could not make such a change without first according an 
opportunity for comment to all potentially affected parties, including 
DOD.

Section 520.14  Special Permission

    ETM suggests that the Commission should define the terms 
``reasonable promptness'' in paragraph (b) and ``prompt'' in paragraph 
(d). The Commission does not agree. We need a certain degree of 
flexibility in addressing special permission applications. The 
Commission generally allows two weeks as reasonable, but does not wish 
to be constrained by a prescribed time limit.

European Inland Movements

    Another issue raised by the notice of proposed rulemaking was the 
treatment of inland portions of through movements to Europe. The 
Commission noted that the European Commission (``E.C.'') prohibited 
conference tariffs which cover the movement of cargo to inland points 
in Europe and questioned whether individual tariffs of conference 
members covering European inland transport for the same customer 
utilizing a conference tariff for the U.S.-Europe ocean movement, must 
be published under the Act. The Commission noted that such publishing 
would appear consistent with the statutory requirements of the Act, to 
the extent they establish the European inland portion of a through rate 
charged by a carrier in a U.S.-Europe intermodal movement.
    CENSA believes that the elimination of many of the onerous 
requirements in the proposed rule would reduce the burdens on carriers 
publishing foreign inland rates. Alternatively, it suggests that the 
Commission exempt foreign inland rates from these requirements. OCWG 
likewise believes that if its proposals are adopted, they would 
substantially reduce the burden of filing foreign inland rates. If its 
recommendations are not adopted as a whole, OCWG suggests that the 
Commission adopt one or more with respect to foreign inland rates, 
e.g., exempt them from the 5-year on-line history requirement or 
eliminate the requirement that foreign locations appear in gazetteers.
    P&O suggests that the issue more appropriately should be whether 
the FMC should continue to require the publication of inland rates 
outside of the United States. Nonetheless, it agrees with the 
Commission that a carrier's inland rates to/from points in Europe are 
required to be published under the Act. It notes that under E.C. 
requirements, carriers will be required to make inland rate tariffs 
available to shippers and presumes that they will have to maintain 
schedules of such charges. P&O concludes that the publication of 
European inland rates would not appear to be overly burdensome or 
expensive and urges the Commission not to consider any exemption as 
part of this rulemaking.
    TACA notes that the E.C. ``obligation'' (to make tariffs available 
on request to transport users at reasonable cost or available for 
examination at offices of shipping lines) applies only to vessel-
operating carrier members of liner conferences. It also notes that the 
failure of a single member of a conference to comply with the 
obligation could result in the withdrawal of the block exemption 
afforded the conference as a whole. TACA further suggests that the 
public tariff availability requirements of the obligation are similar 
to the requirements imposed by the 1961 amendments to the Shipping Act, 
1916 (P.L. 87-346, 75 Stat. 762).
    TACA proposes, therefore, that the Commission should adopt the 
identical requirements of the obligation with respect to public access 
to tariff matter covering European inland transport of shipments, with 
a prior or subsequent movement by sea between ports in Europe and the 
U.S. It asserts that this would completely harmonize E.C. and U.S. 
regulatory requirements, ensure unfettered public access to complete 
and accurate relevant tariff material, and would substantially ease the 
burdens and expenses of the proposed rules.
    TACA's suggestion that the Commission accept tariff publication for 
European inland movements in the same manner as required under the E.C. 
obligation (i.e., available on request or at the offices of a carrier) 
is a substantial deviation from the tariff publishing requirements 
under the 1984 Act, as amended by OSRA. At the very least, such a 
procedure could only be adopted after a full and complete exemption 
hearing pursuant to section 16 of the 1984 Act. It would further appear 
that the many substantive changes made to the proposed rule will 
alleviate many of TACA's concerns with respect to the burdens of tariff 
publishing for these particular movements. In addition, the Commission 
has recently granted TACA and the U.S. South Europe Conference special 
permission to cross-reference the tariffs of its individual members for 
European inland movements, and the Commission will continue this 
practice after May 1, 1999.

Transition Problems

    Another issue that has been raised by several commenters is their 
ability to implement new private automated tariff systems by May 1, 
1999. P&O notes that it is unclear whether the transition from ATFI to 
private systems can take effect without thirty (30) days advance 
publication of the system and contends that, as a result, carriers 
would in effect have 30 days to put their tariffs in place. OCWG raises 
similar concerns and notes that a waiver of the 30 days' notice 
requirement would only provide one additional month in which to design, 
develop, test and populate automated systems. CENSA avers that only a 
substantial reduction in the requirements will allow carriers to have 
their systems in place by May 1, 1999.
    In light of these concerns, commenters have suggested that the 
Commission keep ATFI in place for various time periods, to permit a 
smooth transition to private systems. COSCO and P&O suggest sixty (60) 
days; OCWG

[[Page 11225]]

would extend ATFI until December 31, 1999; and ETM would have ATFI 
continue until such time as the new systems are ready.
    The Commission declines to accept this invitation to extend ATFI. 
In this regard, we note that the various changes made to the proposed 
rule should make the transition to private tariff systems considerably 
easier. In addition, the Commission will give carriers an additional 30 
days to meet the requirements of the rule by issuing blanket special 
permission for new tariffs with no increases to go into effect without 
the 30 days' advance notice requirement. Carriers should thus be able 
to meet the reduced burdens occasioned by the rule by May 1, 1999.
    In accordance with the Regulatory Flexibility Act, 5 U.S.C. 601 et 
seq., the Chairman of the Federal Maritime Commission has certified to 
the Chief Counsel for Advocacy, Small Business Administration, that the 
rule will not have a significant impact on a substantial number of 
small entities. In its Notice of Proposed Rulemaking, the Commission 
stated its intention to certify this rulemaking because the amendments 
will either have no affect on small entities, or in the case where the 
amendments are likely to impact small entities, the economic impact 
will be de minimis. The comments received did not dispute the 
Commission's intention to so certify, and, therefore, the certification 
is continued.
    This regulatory action is not a ``major'' rule under 5 U.S.C. 
804(2).
    The Commission has received OMB approval for this collection of 
information pursuant to the Paperwork Reduction Act of 1995, as 
amended. In accordance with the Act, agencies are required to display a 
currently valid control number. The valid control number for this 
collection of information is 3072-0064.

List of Subjects in 46 CFR Part 520

    Common carrier; Freight; Intermodal transportation; Maritime 
carrier; Reporting and recordkeeping requirements.

    For the reasons discussed in the preamble, the Federal Maritime 
Commission adds Part 520 to Subchapter B, Chapter IV of 46 CFR as 
follows:
    Add part 520 to read as follows:

PART 520--CARRIER AUTOMATED TARIFFS

Sec.
520.1  Scope and purpose.
520.2  Definitions.
520.3  Publication responsibilities.
520.4  Tariff contents.
520.5  Standard tariff terminology.
520.6  Retrieval of information.
520.7  Tariff limitations.
520.8  Effective dates.
520.9  Access to tariffs.
520.10  Integrity of tariffs.
520.11  Non-vessel-operating common carriers.
520.12  Time/Volume rates.
520.13  Exemptions and exceptions.
520.14  Special permission.
520.91  OMB control number assigned pursuant to the Paperwork 
Reduction Act.

Appendix A to Part 520--Standard Terminology and Codes

    Authority: 5 U.S.C. 553; 46 U.S.C. app. 1701-1702, 1707-1709, 
1712, 1716; and sec. 424 of Pub. L. 105-383, 112 Stat. 3411.


Sec. 520.1  Scope and purpose.

    (a) Scope. The regulations of this part govern the publication of 
tariffs in automated systems by common carriers and conferences in the 
waterborne foreign commerce of the United States. They cover the 
transportation of property by such carriers, including through 
transportation with inland carriers. They implement the tariff 
publication requirements of section 8 of the Shipping Act of 1984 
(``Act''), as modified by the Ocean Shipping Reform Act of 1998 and 
section 424 of Public Law 105-258.
    (b) Purpose. The requirements of this part are intended to permit:
    (1) Shippers and other members of the public to obtain reliable and 
useful information concerning the rates and charges that will be 
assessed by common carriers and conferences for their transportation 
services;
    (2) Carriers and conferences to meet their publication requirements 
pursuant to section 8 of the Act;
    (3) The Commission to ensure that carrier tariff publications are 
accurate and accessible and to protect the public from violations by 
carriers of section 10 of the Act; and
    (4) The Commission to review and monitor the activities of 
controlled carriers pursuant to section 9 of the Act.


Sec. 520.2  Definitions.

    The following definitions shall apply to this part:
    Act means the Shipping Act of 1984, as amended by the Ocean 
Shipping Reform Act of 1998.
    Amendment means any change, alteration, correction or modification 
of an existing tariff.
    Assessorial charge means the amount that is added to the basic 
ocean freight rate.
    BTCL means the Commission's Bureau of Tariffs, Certification and 
Licensing or its successor bureau.
    Bulk cargo means cargo that is loaded and carried in bulk without 
mark or count in a loose unpackaged form, having homogeneous 
characteristics. Bulk cargo loaded into intermodal equipment, except 
LASH or Seabee barges, is subject to mark and count and is, therefore, 
subject to the requirements of this part.
    Co-loading means the combining of cargo by two or more NVOCCs for 
tendering to an ocean common carrier under the name of one or more of 
the NVOCCs.
    Combination rate means a rate for a shipment moving under 
intermodal transportation which is computed by the addition of a TRI, 
and an inland rate applicable from/to inland points not covered by the 
TRI.
    Commission means the Federal Maritime Commission.
    Commodity description means a comprehensive description of a 
commodity listed in a tariff, including a brief definition of the 
commodity.
    Commodity description number means a number that may be used to 
identify a commodity description.
    Commodity index means an index of the commodity descriptions 
contained in a tariff.
    Commodity rate means a rate for shipping to or from specific 
locations a commodity or commodities specifically named or described in 
the tariff in which the rate or rates are published.
    Common carrier means a person holding itself out to the general 
public to provide transportation by water of cargo between the United 
States and a foreign country for compensation that:
    (1) Assumes responsibility for the transportation from port or 
point of receipt to the port or point of destination; and
    (2) Utilizes, for all or part of that transportation, a vessel 
operating on the high seas or the Great Lakes between a port in the 
United States and a port in a foreign country, except that the term 
does not include a common carrier engaged in ocean transportation by 
ferry boat, ocean tramp, or chemical parcel tanker or by a vessel when 
primarily engaged in the carriage of perishable agricultural 
commodities:
    (i) If the common carrier and the owner of those commodities are 
wholly-owned, directly or indirectly, by a person primarily engaged in 
the marketing and distribution of those commodities and
    (ii) Only with respect to the carriage of those commodities.
    Conference means an agreement between or among two or more ocean 
common carriers which provides for the fixing of and adherence to 
uniform tariff

[[Page 11226]]

rates, charges, practices and conditions of service relating to the 
receipt, carriage, handling and/or delivery of passengers or cargo for 
all members, but the term does not include joint service, consortium, 
pooling, sailing, or transshipment agreements.
    Consignee means the recipient of cargo from a shipper; the person 
to whom a transported commodity is to be delivered.
    Container means a demountable and reusable freight-carrying unit 
designed to be transported by different modes of transportation and 
having construction, fittings, and fastenings able to withstand, 
without permanent distortion or additional exterior packaging or 
containment, the normal stresses that apply on continuous all-water and 
intermodal transportation. The term includes dry cargo, ventilated, 
insulated, refrigerated, flat rack, vehicle rack, liquid tank, and 
open-top containers without chassis, but does not include crates, boxes 
or pallets.
    Controlled carrier means an ocean common carrier that is, or whose 
operating assets are, directly or indirectly owned or controlled by a 
government; ownership or control by a government shall be deemed to 
exist with respect to any common carrier if:
    (1) A majority portion of the interest in the common carrier is 
owned or controlled in any manner by that government, by an agency 
thereof, or by any public or private person controlled in any manner by 
that government, by any agency thereof, or by any public or private 
person controlled by that government; or
    (2) That government has the right to appoint or disapprove the 
appointment of a majority of the directors, the chief operating officer 
or the chief executive officer of the common carrier.
    Effective date means the date upon which a published tariff or 
tariff element is scheduled to go into effect. Where there are multiple 
publications to a tariff element on the same day, the last element 
published with the same effective date is the one effective for that 
day.
    Expiration date means the last day after which the entire tariff or 
tariff element is no longer in effect.
    Foreign commerce means that commerce under the jurisdiction of the 
Act.
    Forest products means forest products including, but not limited 
to, lumber in bundles, rough timber, ties, poles, piling, laminated 
beams, bundled siding, bundled plywood, bundled core stock or veneers, 
bundled particle or fiber boards, bundled hardwood, wood pulp in rolls, 
wood pulp in unitized bales, paper and paper board in rolls or in 
pallet or skid-sized sheets, liquid or granular by-products derived 
from pulping and papermaking, and engineered wood products.
    Harmonized Code means the coding provisions of the Harmonized 
System.
    Harmonized System means the Harmonized Tariff Schedule of the 
United States (``U.S. HTS''), based on the international Harmonized 
System, administered by the U.S. Customs Service for the U.S. 
International Trade Commission, and Schedule B, administered by the 
U.S. Census Bureau.
    Inland point means any city and associated state/province, country, 
U.S. ZIP code, or U.S. ZIP code range, which lies beyond port terminal 
areas. (A city may share the name of a port: the immediate ship-side 
and terminal area is the port, but the rest of the city is considered 
an inland point.)
    Inland rate means a rate specified from/to an ocean port to/from an 
inland point, for specified modes of overland transportation.
    Inland rate table means a structured matrix of geographic inland 
locations (points, postal codes/postal code ranges, etc.) on one axis 
and transportation modes (truck, rail, etc.) on the other axis, with 
the inland rates specified at the matrix row and column intersections.
    Intermodal transportation means continuous through transportation 
involving more than one mode of service (e.g., ship, rail, motor, air), 
for pickup and/or delivery at a point beyond the area of the port at 
which the vessel calls. The term ``intermodal transportation'' can 
apply to ``through transportation (at through rates)'' or 
transportation on through routes using combination rates.
    Joint rates means rates or charges established by two or more 
common carriers for ocean transportation over the combined routes of 
such common carriers.
    Local rates means rates or charges for transportation over the 
route of a single common carrier (or any one common carrier 
participating in a conference tariff), the application of which is not 
contingent upon a prior or subsequent movement.
    Location group means a logical collection of geographic points, 
ports, states/provinces, countries, or combinations thereof, which is 
primarily used to identify, by location group name, a group that may 
represent tariff origin and/or destination scope and TRI origin and/or 
destination.
    Motor vehicle means an automobile, truck, van, or other motor 
vehicle used for the transportation of passengers and cargo; but does 
not include equipment such as farm or road equipment which has wheels, 
but whose primary purpose is other than transportation.
    Loyalty contract means a contract with an ocean common carrier or 
agreement by which a shipper obtains lower rates by committing all or a 
fixed portion of its cargo to that carrier or agreement and the 
contract provides for a deferred rebate arrangement.
    Ocean common carrier means a vessel-operating common carrier.
    Ocean transportation intermediary means an ocean freight forwarder 
or a non-vessel-operating common carrier. For purposes of this part,
    (1) Ocean freight forwarder means a person that--
    (i) In the United States, dispatches shipments from the United 
States via a common carrier and books or otherwise arranges space for 
those shipments on behalf of shippers; and
    (ii) Processes the documentation or performs related activities 
incident to those shipments; and
    (2) Non-vessel-operating common carrier (``NVOCC'') means a common 
carrier that does not operate the vessels by which the ocean 
transportation is provided, and is a shipper in its relationship with 
an ocean common carrier.
    Open rate means a rate on a specified commodity or commodities over 
which a conference relinquishes or suspends its ratemaking authority in 
whole or in part, thereby permitting each individual ocean common 
carrier member of the conference to fix its own rate on such commodity 
or commodities.
    Organization name means an entity's name on file with the 
Commission and for which the Commission assigns an organization number.
    Organization record means information regarding an entity, 
including its name, address, and organization type.
    Origin scope means a location group defining the geographic range 
of cargo origins covered by a tariff.
    Person includes individuals, firms, partnerships, associations, 
companies, corporations, joint stock associations, trustees, receivers, 
agents, assignees and personal representatives.
    Point of rest means that area on the terminal facility which is 
assigned for the receipt of inbound cargo from the ship and from which 
inbound cargo may be delivered to the consignee, and that area which is 
assigned for the receipt of outbound cargo from shippers for vessel 
loading.
    Port means a place at which a common carrier originates or 
terminates

[[Page 11227]]

(by transshipment or otherwise) its actual ocean carriage of cargo or 
passengers as to any particular transportation movement.
    Project rates means rates applicable to the transportation of 
materials and equipment to be employed in the construction or 
development of a named facility used for a major governmental, 
charitable, manufacturing, resource exploitation and public utility or 
public service purpose, including disaster relief projects.
    Proportional rates means rates or charges assessed by a common 
carrier for transportation services, the application of which is 
conditioned upon a prior or subsequent movement.
    Publication date means the date a tariff or tariff element is 
published in a carrier's or conference's tariff.
    Publisher means an organization authorized to publish or amend 
tariff information.
    Rate means a price stated in a tariff for providing a specified 
level of transportation service for a stated cargo quantity, from 
origin to destination, on and after a stated effective date or within a 
defined time frame.
    Retrieval means the process by which a person accesses a tariff via 
dial-up telecommunications or a network link and interacts with the 
carrier's or publisher's system on a transaction-by-transaction basis 
to retrieve published tariff matter.
    Rules means the stated terms and conditions set by the tariff owner 
which govern the application of tariff rates, charges and other 
matters.
    Scope means the location group(s) (geographic groupings(s)) listing 
the ports or ranges of ports to and from which the tariff's rates 
apply.
    Shipment means all of the cargo carried under the terms of a single 
bill of lading.
    Shipper means:
    (1) A cargo owner;
    (2) The person for whose account the ocean transportation is 
provided;
    (3) The person to whom delivery is to be made;
    (4) A shipper's association; or
    (5) An NVOCC that accepts responsibility for payment of all charges 
applicable under the tariff or service contract.
    Shippers' association means a group of shippers that consolidates 
or distributes freight on a nonprofit basis for the members of the 
group in order to secure carload, truckload, or other volume rates or 
service contracts.
    Special permission means permission, authorized by the Commission, 
for certain tariff publications that do not conform with applicable 
regulations, usually involving effectiveness on less than statutory 
notice.
    Tariff means a publication containing the actual rates, charges, 
classifications, rules, regulations and practices of a common carrier 
or a conference of common carriers. The term ``practices'' refers to 
those usages, customs or modes of operation which in any way affect, 
determine or change the transportation rates, charges or services 
provided by a common carrier or conference and, in the case of 
conferences, must be restricted to activities authorized by the basic 
conference agreement.
    Tariff number means a unique 3-digit number assigned by the 
publisher to distinguish it from other tariffs. Tariffs may be 
identified by the 6-digit organization number plus the user-assigned 
tariff number (e.g., 999999-001) or a Standard Carrier Alpha Code 
(``SCAC'') plus the user-assigned tariff number.
    Tariff rate item (``TRI'') means a single freight rate, in effect 
on and after a specific date or for a specific time period, for the 
transportation of a stated cargo quantity, which may move from origin 
to destination under a single specified set of transportation 
conditions, such as container size or temperature.
    TRI number means a number that consists of the numeric commodity 
code, if any, and a unique numeric suffix used to differentiate TRIs 
within the same commodity description. TRI numbers are not required in 
systems that do not use numeric commodity coding.
    Through rate means the single amount charged by a common carrier in 
connection with through transportation.
    Through transportation means continuous transportation between 
points of origin and destination, either or both of which lie beyond 
port terminal areas, for which a through rate is assessed and which is 
offered or performed by one or more carriers, at least one of which is 
a common carrier, between a United States point or port and a foreign 
point or port.
    Thru date means the date after which an amendment to a tariff 
element is designated by the publisher to be unavailable for use and 
the previously effective tariff element automatically goes back into 
effect.
    Time/volume rate means a rate published in a tariff which is 
conditioned upon receipt of a specified aggregate volume of cargo or 
aggregate freight revenue over a specified period of time.
    Trade name means a name used for conducting business, but which is 
not necessarily its legal name. This is also known as a ``d/b/a'' 
(doing business as) name.
    Transshipment means the physical transfer of cargo from a vessel of 
one carrier to a vessel of another in the course of all-water or 
through transportation, where at least one of the exchanging carriers 
is an ocean common carrier subject to the Commission's jurisdiction.


Sec. 520.3  Publication responsibilities.

    (a) General. Unless otherwise exempted by Sec. 520.13, all common 
carriers and conferences shall keep open for public inspection, in 
automated tariff systems, tariffs showing all rates, charges, 
classifications, rules, and practices between all points or ports on 
their own routes and on any through transportation route that has been 
established.
    (b) Conferences. Conferences shall publish, in their automated 
tariff systems, rates offered pursuant to independent action by their 
members and may publish any open rates offered by their members. 
Alternatively, open rates may be published in individual tariffs of 
conference members.
    (c) Agents. Common carriers or conferences may use agents to meet 
their publication requirements under this part.
    (d) Notification. Each common carrier and conference shall notify 
BTCL, prior to the commencement of common carrier service pursuant to a 
published tariff, of its organization name, organization number, home 
office address, name and telephone number of firm's representative, the 
location of its tariffs, and the publisher, if any, used to maintain 
its tariffs, by electronically submitting Form FMC-1 via the 
Commission's website at www.fmc.gov. Any changes to the above 
information shall be immediately transmitted to BTCL. The Commission 
will provide a unique organization number to new entities operating as 
common carriers or conferences in the U.S. foreign commerce.
    (e) Location of tariffs. The Commission will publish on its 
website, www.fmc.gov, a list of the locations of all carrier and 
conference tariffs. The Commission will update this list on a periodic 
basis.


Sec. 520.4  Tariff contents.

    (a) General. Tariffs published pursuant to this part shall:
    (1) State the places between which cargo will be carried;
    (2) List each classification of cargo in use;
    (3) State the level of ocean transportation intermediary, as 
defined

[[Page 11228]]

by section 3(17)(A) of the Act, compensation, if any, to be paid by a 
carrier or conference;
    (4) State separately each terminal or other charge, privilege, or 
facility under the control of the carrier or conference and any rules 
or regulations that in any way change, affect, or determine any part of 
the aggregate of the rates or charges;
    (5) Include sample copies of any bill of lading, contract of 
affreightment or other document evidencing the transportation 
agreement;
    (6) Include copies of any loyalty contract, omitting the shipper's 
name;
    (7) Contain an organization record, tariff record, and tariff 
rules; and
    (8) For commodity tariffs, also contain commodity descriptions and 
tariff rate items.
    (b) Organization record. Common carriers' and conferences' 
organization records shall include:
    (1) Organization name;
    (2) Organization number assigned by the Commission;
    (3) Agreement number, where applicable;
    (4) Organization type (e.g., ocean common carrier (VOCC), 
conference (CONF), non-vessel-operating common carrier (NVOCC) or 
agent);
    (5) Home office address and telephone number of firm's 
representative;
    (6) Names and organization numbers of all affiliates to conferences 
or agreements, including trade names; and
    (7) The publisher, if any, used to maintain the organization's 
tariffs.
    (c) Tariff record. The tariff record for each tariff shall include:
    (1) Organization number and name, including any trade name;
    (2) Tariff number;
    (3) Tariff title;
    (4) Tariff type (e.g., commodity, rules, equipment interchange, or 
bill of lading);
    (5) Contact person and address;
    (6) Default measurement and currency units;
    (7) Origination and destination scope; and
    (8) A statement certifying that all information contained in the 
tariff is true and accurate and no unlawful alterations will be 
permitted.
    (d) Tariff rules. Carriers and conferences shall publish in their 
tariffs any rule that affects the application of the tariff.
    (e) Commodity descriptions. (1) For each separate commodity in a 
tariff, a distinct numeric code may be used. Tariff publishers are not 
required to use any numeric code to identify commodities, but should 
they choose to do so, they are encouraged to use the U.S. Harmonized 
Tariff Schedule (``U.S. HTS'') for both the commodity coding and 
associated terminology (definitions).
    (2) If a tariff publisher uses a numeric code to identify 
commodities, the following commodity types shall be preceded by their 
associated 2-digit prefixes, with the remaining digits at the 
publisher's option:
    (i) Mixed commodities--``99'';
    (ii) Projects--``98''; and
    (iii) non-commodities, e.g., ``cargo, n.o.s.,'' ``general cargo,'' 
or ``freight-all kinds''--``00''.
    (3) Commodity index. (i) Each commodity description created under 
this section shall have at least one similar index entry which will 
logically represent the commodity within the alphabetical index. 
Publishers are encouraged, however, to create multiple entries in the 
index for articles with equally valid common use names, such as, 
``Sodium Chloride,'' ``Salt, common,'' etc.
    (ii) If a commodity description includes two or more commodities, 
each included commodity shall be shown in the index.
    (iii) Items, such as ``mixed commodities,'' ``projects'' or 
``project rates,'' ``n.o.s.'' descriptions, and ``FAK,'' shall be 
included in the commodity index.
    (f) Tariff rate items. A tariff rate item (``TRI'') is the single 
freight rate in effect for the transportation of cargo under a 
specified set of transportation conditions. TRIs must contain the 
following:
    (1) Brief commodity description;
    (2) TRI number (optional);
    (3) Publication date;
    (4) Effective date;
    (5) Origin and destination locations or location groups;
    (6) Rate and rate basis; and
    (7) Service code.
    (g) Location groups. In the primary tariff, or in a governing 
tariff, a publisher may define and create groups of cities, states, 
provinces and countries (e.g., location groups) or groups of ports 
(e.g., port groups), which may be used in the construction of TRIs and 
other tariff objects, in lieu of specifying particular place names in 
each tariff item, or creating multiple tariff items which are identical 
in all ways except for place names.
    (h) Inland rate tables. If a carrier or conference desires to 
provide intermodal transportation to or from named points/postal 
regions at combination rates, it shall clearly and accurately set forth 
the applicable charges in an ``Inland Rate Tables'' section. An inland 
rate table may be constructed to provide an inland distance which is 
applied to a per mile rate to calculate the inland rate.
    (i) Shipper requests. Conference tariffs shall contain clear and 
complete instructions, in accordance with the agreement's provisions, 
stating where and by what method shippers may file requests and 
complaints and how they may engage in consultation pursuant to section 
5(b)(6) of the Act, together with a sample rate request form or a 
description of the information necessary for processing the request or 
complaint.
    (j) Inland divisions. Common carriers are not required to state 
separately or otherwise reveal in tariffs the inland division of a 
through rate.


Sec. 520.5  Standard tariff terminology.

    (a) Approved codes. The Standard Terminology Appendix contains 
codes for rate bases, container sizes, service, etc., and units for 
weight, measure and distance. They are intended to provide a standard 
terminology baseline for tariffs to facilitate retriever efficiency. 
Tariff publishers may use additional codes, if they are clearly defined 
in their tariffs.
    (b) Geographic names. Tariffs should employ locations (points) that 
are published in the National Imagery and Mapping Agency (``NIMA'') 
gazetteer or the Geographic Names Information System (``GNIS'') 
developed by the U.S. Geological Survey. Ports published or approved 
for publication in the World Port Index (Pub. No. 150) should also be 
used in tariffs. Tariff publishers may use geographic names that are 
currently in use and have not yet been included in these publications.


Sec. 520.6  Retrieval of information.

    (a) General. Tariffs systems shall present retrievers with the 
ability to:
    (1) Search for commonly understood tariff objects (e.g., 
commodities, origins, destinations, etc.) without restricting such 
search to a specific tariff;
    (2) Search a tariff for a rate on the basis of origin, destination 
and commodity;
    (3) Employ a tariff selection option; or
    (4) Select an object group (e.g., rules, locations, groups, etc.) 
within a particular tariff.
    (b) Search capability. Tariffs shall provide the capability to 
search for tariff matter by non-case sensitive text search. Text search 
matches for commodity descriptions should result in a commodity or 
commodity index list.
    (c) Commodities and TRIs. Retriever selection of a specific 
commodity from a commodity index list shall display the commodity 
description and provide an option for searching for a rate (e.g., on

[[Page 11229]]

the basis of origin/destination) or a TRI list, if multiple TRIs are in 
effect for the commodity.
    (d) Object groups. Retriever selection of a specific object group 
shall result in a list of the objects within the group or present a 
text search mechanism to allow location of an object within the group. 
For example, selection of the rules object group would present a list 
of the rules or a text search mechanism for locating specific terms or 
phrases within the rules.
    (e) Basic ocean freight. The minimum rate display for tariffs shall 
consist of the basic ocean freight rate and a list of all assessorial 
charges that apply for the retriever-entered shipment parameters. If 
other rules or charges may be applicable to a shipment under certain 
circumstances, the tariff shall so indicate.
    (f) Displays. All displays of individual tariff matter shall 
include the publication date, effective date, amendment code (as 
contained in Appendix A of this part) and object name or number. When 
applicable, a thru date or expiration date shall also be displayed. Use 
of ``S'' as an amendment code shall be accompanied by a Commission 
issued special use number.


Sec. 520.7  Tariff limitations.

    (a) General. Tariffs published pursuant to this part shall:
    (1) Be clear and definite;
    (2) Use English as the primary textual language;
    (3) Not contain cross-references to any other rate tariffs, except:
    (i) A tariff of general applicability maintained by that same 
carrier or conference,
    (ii) The individual tariffs of members of a non-conference 
agreement to enter into time/volume rates may cross-reference the 
tariffs of other members for purposes of said time/volume rates, and
    (iii) Multiple common tariffs of a conference agreement to enter 
into time/volume rates may cross-reference their own multiple 
conference tariffs for purposes of said time/volume rates; and
    (4) Not duplicate or conflict with any other tariff publication.
    (b) Notice of cancelation. Carriers and conferences shall inform 
BTCL, in writing, whenever a tariff is canceled and the effective date 
of that cancelation.
    (c) Applicable rates. The rates, charges, and rules applicable to 
any given shipment shall be those in effect on the date the cargo is 
received by the common carrier or its agent including originating 
carriers in the case of rates for through transportation.
    (d) Minimum quantity rates. When two or more TRIs are stated for 
the same commodity over the same route and under similar conditions, 
and the application is dependent upon the quantity of the commodity 
shipped, the total freight charges assessed against the shipment may 
not exceed the total charges computed for a larger quantity, if the TRI 
specifying a required minimum quantity (either weight or measurement; 
per container or in containers) will be applicable to the contents of 
the container(s), and if the minimum set forth is met or exceeded. At 
the shipper's option, a quantity less than the minimum level may be 
freighted at the lower TRI if the weight or measurement declared for 
rating purposes is increased to the minimum level.
    (e) Green salted hides. The shipping weight for green salted hides 
shall be either a scale weight or a scale weight minus a deduction, 
which amount and method of computation are specified in the commodity 
description. The shipper must furnish the carrier a weight certificate 
or dock receipt from an inland common carrier for each shipment at or 
before the time the shipment is tendered for ocean transportation.
    (f) Conference situations. (1) New members of a conference shall 
cancel any independent tariffs applicable to the trades served by the 
conference, within ninety (90) days of membership in the conference. 
Individual conference members may publish their own separate open rate 
tariffs. Admission to the conference may be effective on the date 
notice is published in the conference tariff.
    (2) New conference agreements have ninety (90) days within which to 
publish a new tariff.
    (g) Overcharge claims. (1) No tariff may limit the filing of 
overcharge claims with a common carrier to a period of less than three 
(3) years from the accrual of the cause of action.
    (2) The acceptance of any overcharge claim may not be conditioned 
upon the payment of a fee or charge.
    (3) No tariff may require that overcharge claims based on alleged 
errors in weight, measurement or description of cargo be filed before 
the cargo has left the custody of the common carrier.
    (h) Returned cargo. When a carrier or conference offers the return 
shipment of refused, damaged or rejected shipments, or exhibits at 
trade fairs, shows or expositions, to port of origin at the TRI 
assessed on the original movement, and such TRI is lower than the 
prevailing TRI:
    (1) The return shipment must occur within one (1) year;
    (2) The return movement must be made over the line of the same 
common carrier performing the original movement, except in the use of a 
conference tariff, where return may be made by any member line when the 
original shipment was carried under the conference tariff; and
    (3) A copy of the original bill of lading showing the rate assessed 
must be presented to the return common carrier.


Sec. 520.8  Effective dates.

    (a) General. (1) No new or initial rate, charge, or change in an 
existing rate, that results in an increased cost to a shipper may 
become effective earlier than thirty (30) calendar days after 
publication.
    (2) An amendment which deletes a specific commodity and applicable 
rate from a tariff, thereby resulting in a higher ``cargo n.o.s.'' or 
similar general cargo rate, is a rate increase requiring a 30-day 
notice period.
    (3) Rates for the transportation of cargo for the U.S. Department 
of Defense may be effective upon publication.
    (4) Changes in rates, charges, rules, regulations or other tariff 
provisions resulting in a decrease in cost to a shipper may become 
effective upon publication.
    (b) Amendments. The following amendments may take effect upon 
publication:
    (1) Those resulting in no change in cost to a shipper;
    (2) The canceling of a tariff due to cessation of all service by 
the carrier between the ports or points covered by the tariff;
    (3) The addition of a port or point to a previously existing origin 
or destination grouping; or
    (4) Changes in charges for terminal services, canal tolls, 
additional charges, or other provisions not under the control of the 
common carriers or conferences, which merely acts as a collection agent 
for such charges and the agency making such changes does so without 
notifying the tariff owner.
    (c) Controlled carriers. Published rates by or for controlled 
carriers shall be governed by the procedures set forth in part 565 of 
this chapter.


Sec. 520.9  Access to tariffs.

    (a) Methods to access. Carriers and conferences shall provide 
access to their published tariffs, via a personal computer (``PC''), 
by:
    (1) Dial-up connection via public switched telephone networks 
(``PSTN''); or
    (2) The Internet (Web) by:

[[Page 11230]]

    (i) Web browser; or
    (ii) Telnet session.
    (b) Dial-up connection via PSTN. (1) This connection option 
requires that tariffs provide:
    (i) A minimum of a 14.4Kbps modem capable of receiving incoming 
calls;
    (ii) Smart terminal capability for VT-100 terminal or terminal 
emulation access; and
    (iii) Telephone line quality for data transmission.
    (2) The modem may be included in a collection (bank) of modems as 
long as all modems in the bank meet the minimum speed.
    (c) Internet connection. (1) This connection option requires that 
systems provide:
    (i) A universal resource locator (``URL'') Internet address (e.g., 
http://www.tariffsrus.com or http://1.2.3.4); and/or
    (ii) A URL Internet address (e.g., telnet://tariffsrus or telnet://
1.2.3.4), for Telnet session access over the Internet.
    (2) Carriers or conferences shall ensure that their Internet 
service providers provide static Internet addresses.
    (d) Commission access. Commission telecommunications access to 
systems must include connectivity via a dial-up connection over PSTNs 
or a connection over the Internet. Connectivity will be provided at the 
expense of the publishers. Any recurring connection fees, hardware 
rental fees, usage fees or any other charges associated with the 
availability of the system are the responsibility of the publisher. The 
Commission shall only be responsible for the long-haul charges for PSTN 
calls to a tariff initiated by the FMC.
    (e) Limitations. (1) Tariffs must be made available to any person 
without time, quantity, or other limitations.
    (2) Carriers are not required to provide remote terminals for 
access under this section.
    (3) Carriers and conferences may assess a reasonable fee for access 
to their tariff publication systems and such fees shall not be 
discriminatory.
    (4) Tariff publication systems shall provide user instructions for 
access to tariff information.
    (f) Federal agencies. Carriers and conferences may not assess any 
access charges against the Commission or any other Federal agency.
    (g) User identifications. Carriers and conferences shall provide 
the Commission with the documentation it requires and the number of 
user identifications and passwords it requests to facilitate the 
Commission's access to their systems, if they require such 
identifications and passwords.


Sec. 520.10  Integrity of tariffs.

    (a) Historical data. Carriers and conferences shall maintain the 
data that appeared in their tariff publication systems for a period of 
five (5) years from the date such information is superseded, canceled 
or withdrawn, and shall provide on-line access to such data for two (2) 
years. After two (2) years, such data may be retained on-line or in 
other electronic form, and shall be made available to any person or the 
Commission upon request in a reasonable period of time. Carriers and 
conferences may charge a reasonable fee for the provision of historical 
data, not to exceed the fees for obtaining such data on-line. No fee 
shall apply to federal agencies.
    (b) Access date capability. Each tariff shall provide the 
capability for a retriever to enter an access date, i.e., a specific 
date for the retrieval of tariff data, so that only data in effect on 
that date would be directly retrievable. This capability would also 
align any rate adjustments and assessorial charges that were effective 
on the access date for rate calculations and designation of applicable 
surcharges. The access date shall also apply to the alignment of tariff 
objects for any governing tariffs.
    (c) Periodic review. The Commission will periodically review 
published tariff systems and will prohibit the use of any system that 
fails to meet the requirements of this part.
    (d) Access to systems. Carriers and conferences shall provide the 
Commission reasonable access to their automated systems and records in 
order to conduct reviews.


Sec. 520.11  Non-vessel-operating common carriers.

    (a) Financial responsibility. An ocean transportation intermediary 
that operates as a non-vessel-operating common carrier shall state in 
its tariff publication:
    (1) That it has furnished the Commission proof of its financial 
responsibility in the manner and amount required by part 515 of this 
chapter;
    (2) The manner of its financial responsibility;
    (3) Whether it is relying on coverage provided by a group or 
association to which it is a member;
    (4) The name and address of the surety company, insurance company 
or guarantor issuing the bond, insurance policy, or guaranty;
    (5) The number of the bond, insurance policy or guaranty; and
    (6) Where applicable, the name and address of the group or 
association providing coverage.
    (b) Agent for service. Every NVOCC not in the United States shall 
state the name and address of the person in the United States 
designated under part 515 of this chapter as its legal agent for 
service of process, including subpoenas. The NVOCC shall further state 
that in any instance in which the designated legal agent cannot be 
served because of death, disability or unavailability, the Commission's 
Secretary will be deemed to be its legal agent for service of process.
    (c) Co-Loading. (1) NVOCCs shall address the following situations 
in their tariffs:
    (i) If an NVOCC does not tender cargo for co-loading, this shall be 
noted in its tariff.
    (ii) If two or more NVOCCs enter into an agreement which 
establishes a carrier-to-carrier relationship for the co-loading of 
cargo, then the existence of such agreement shall be noted in the 
tariff.
    (iii) If two NVOCCs enter into a co-loading arrangement which 
results in a shipper-to-carrier relationship, the tendering NVOCC shall 
describe its co-loading practices and specify its responsibility to pay 
any charges for the transportation of the cargo. A shipper-to-carrier 
relationship shall be presumed to exist where the receiving NVOCC 
issues a bill of lading to the tendering NVOCC for carriage of the co-
loaded cargo.
    (2) Documentation requirements. An NVOCC which tenders cargo to 
another NVOCC for co-loading, whether under a shipper-to-carrier or 
carrier-to-carrier relationship, shall annotate each applicable bill of 
lading with the identity of any other NVOCC to which the shipment has 
been tendered for co-loading. Such annotation shall be shown on the 
face of the bill of lading in a clear and legible manner.
    (3) Co-loading rates. No NVOCC may offer special co-loading rates 
for the exclusive use of other NVOCCs. If cargo is accepted by an NVOCC 
from another NVOCC which tenders that cargo in the capacity of a 
shipper, it must be rated and carried under tariff provisions which are 
available to all shippers.


Sec. 520.12  Time/Volume rates.

    (a) General. Common carriers or conferences may publish in their 
tariffs rates which are conditioned upon the receipt of a specified 
aggregate volume of cargo or aggregate freight revenue over a specified 
period of time.
    (b) Publication requirements. (1) All rates, charges, 
classifications rules and practices concerning time/volume rates must 
be set forth in the carrier's or conference's tariff.

[[Page 11231]]

    (2) The tariff shall identify:
    (i) The shipment records that will be maintained to support the 
rate; and
    (ii) The method to be used by shippers giving notice of their 
intention to use a time/volume rate prior to tendering any shipments 
under the time/volume arrangement.
    (c) Accepted rates. Once a time/volume rate is accepted by one 
shipper, it shall remain in effect for the time specified, without 
amendment. If no shipper gives notice within 30 days of publication, 
the time/volume rate may be canceled.
    (d) Records. Shipper notices and shipment records supporting a 
time/volume rate shall be maintained by the offering carrier or 
conference for at least 5 years after a shipper's use of a time/volume 
rate has ended.
    (e) Liquidated damages. Time/volume rates may not impose or attempt 
to impose liquidated damages on any shipper that moves cargo under the 
rate. Carriers and agreements shall rerate cargo moved at the 
applicable tariff rate, if a shipper fails to meet the requirements of 
the time/volume offer.


Sec. 520.13  Exemptions and exceptions.

    (a) General. Exemptions from the requirements of this part are 
governed by section 16 of the Act and Rule 67 of the Commission's Rules 
of Practice and Procedure, Sec. 502.67 of this chapter.
    (b) Services. The following services are exempt from the 
requirements of this part:
    (1) Equipment interchange agreements. 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.
    (2) Controlled carriers in foreign commerce. A controlled common 
carrier shall be exempt from the provisions of this part exclusively 
applicable to controlled carriers when:
    (i) The vessels of the controlling state are entitled by a treaty 
of the United States to receive national or most-favored-nation 
treatment; or
    (ii) The controlled carrier operates in a trade served exclusively 
by controlled carriers.
    (3) 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 publication 
requirements of Act and the rules of this part, where:
    (i) The cargo is moving between a point in a foreign country or a 
non-contiguous State, territory, or possession and a point in the 
United States;
    (ii) The transportation by barge between points in the United 
States is furnished by a terminal operator as a service substitute in 
lieu of a direct vessel call by the common carrier by water 
transporting the containers or containerized cargo under a through bill 
of lading; and
    (iii) Such terminal operator is a Pacific Slope state, 
municipality, or other public body or agency subject to the 
jurisdiction of the Commission, and the only one furnishing the 
particular circumscribed barge service in question as of January 2, 
1975.
    (c) Cargo types. The following cargo types are not subject to the 
requirements of this part:
    (1) Bulk cargo, forest products, etc. This part does not apply to 
bulk cargo, forest products, recycled metal scrap, new assembled motor 
vehicles, waste paper and paper waste. Carriers or conferences which 
voluntarily publish tariff provisions covering otherwise exempt 
transportation thereby subject themselves to the requirements of this 
part, including the requirement to adhere to the tariff provisions.
    (2) Mail in foreign commerce. Transportation of mail between the 
United States and foreign countries.
    (3) Used military household goods. Transportation of used military 
household goods and personal effects by ocean transportation 
intermediaries.
    (4) Department of Defense cargo. Transportation of U.S. Department 
of Defense cargo moving in foreign commerce under terms and conditions 
negotiated and approved by the Military Transportation Management 
Command (``MTMC'') and published in a universal service contract. An 
exact copy of the universal service contract, including any amendments 
thereto, shall be filed in paper format with the Commission as soon as 
it becomes available.
    (5) Used household goods--General Services Administration. 
Transportation of used household goods and personal effects by ocean 
transportation intermediaries shipped for federal civilian executive 
agencies under the International Household Goods Program administered 
by the General Services Administration.
    (d) Services involving foreign countries. The following 
transportation services involving foreign countries are not subject to 
the requirements of this part:
    (1) Between foreign countries. This part does not apply to 
transportation of cargo between foreign countries, including that which 
is transshipped from one ocean common carrier to another (or between 
vessels of the same common carrier) at a U.S. port or transferred 
between an ocean common carrier and another transportation mode at a 
U.S. port for overland carriage through the United States, where the 
ocean common carrier accepts custody of the cargo in a foreign country 
and issues a through bill of lading covering its transportation to a 
foreign point of destination.
    (2) Between Canada and U.S. The following services are exempt from 
the filing requirements of the Act and the rules of this part:
    (i) Prince Rupert and Alaska. (A) Vehicles. Transportation by 
vessels operated by the State of Alaska between Prince Rupert, Canada 
and ports in southeastern Alaska, if all the following conditions are 
met:
    (1) Carriage of property is limited to vehicles;
    (2) Tolls levied for vehicles are based solely on space utilized 
rather than the weight or contents of the vehicle and are the same 
whether the vehicle is loaded or empty;
    (3) The vessel operator does not move the vehicles on or off the 
ship; and
    (4) The common carrier does not participate in any joint rate 
establishing through routes or in any other type of agreement with any 
other common carrier.
    (B) Passengers. Transportation of passengers, commercial buses 
carrying passengers, personal vehicles and personal effects by vessels 
operated by the State of Alaska between Seattle, Washington and Prince 
Rupert, Canada, only if such vehicles and personal effects are the 
accompanying personal property of the passengers and are not 
transported for the purpose of sale.
    (ii) British Columbia and Puget Sound Ports; rail cars.(A) Through 
rates. Transportation by water of cargo moving in rail cars between 
British Columbia, Canada and United States ports on Puget Sound, and 
between British Columbia, Canada and ports or points in Alaska, only if 
the cargo does not originate in or is not destined to foreign countries 
other than Canada, but only if:
    (1) The through rates are filed with the Surface Transportation 
Board and/or the Canadian Transport Commission; and
    (2) Certified copies of the rate divisions and of all agreements, 
arrangements or concurrences, entered into in connection with the 
transportation of such cargo, are filed with the Commission within 30 
days of the effectiveness of such rate divisions, agreements, 
arrangements or concurrences.

[[Page 11232]]

    (B) Bulk; port-to-port. Transportation by water of cargo moving in 
bulk without mark or count in rail cars on a local port-to-port rate 
basis between ports in British Columbia, Canada and United States ports 
on Puget Sound, only if the rates charged for any particular bulk type 
commodity on any one sailing are identical for all shippers, except 
that:
    (1) This exemption shall not apply to cargo originating in or 
destined to foreign countries other than Canada; and
    (2) The carrier will remain subject to all other provisions of the 
Act.
    (iii) Incan Superior, Ltd. Transportation by Incan Superior, Ltd. 
of cargo moving in railroad cars between Thunder Bay, Ontario, and 
Superior, Wisconsin, only if the cargo does not originate in or is not 
destined to foreign countries other than Canada, and if:
    (A) The through rates are filed with the Surface Transportation 
Board and/or the Canadian Transport Commission; and
    (B) Certified copies of the rate divisions and all agreements, 
arrangements or concurrences entered into in connection with the 
transportation of such cargo are filed with the Commission within 30 
days of the effectiveness of such rate divisions, agreements, 
arrangements or concurrences.


Sec. 520.14  Special permission.

    (a) General. Section 8(d) of the Act authorizes the Commission, in 
its discretion and for good cause shown, to permit increases or 
decreases in rates, or the issuance of new or initial rates, on less 
than the statutory notice. Section 9(c) of the Act authorizes the 
Commission to permit a controlled carrier's rates, charges, 
classifications, rules or regulations to become effective on less than 
30 days' notice. The Commission may also in its discretion and for good 
cause shown, permit departures from the requirements of this part.
    (b) Clerical errors. Typographical and/or clerical errors 
constitute good cause for the exercise of special permission authority 
but every application based thereon must plainly specify the error and 
present clear evidence of its existence, together with a full statement 
of the attending circumstances, and shall be submitted with reasonable 
promptness after publishing the defective tariff material.
    (c) Application. (1) Applications for special permission to 
establish rate increases or decreases on less than statutory notice or 
for waiver of the provisions of this part, shall be made by the common 
carrier, conference or agent for publishing. Every such application 
shall be submitted to BTCL and be accompanied by a filing fee of $179.
    (2) Applications for special permission shall be made only by 
letter, except that in emergency situations, application may be made by 
telephone or facsimile if the communication is promptly followed by a 
letter and the filing fee.
    (3) Applications for special permission shall contain the following 
information:
    (i) Organization name, number and trade name of the conference or 
carrier;
    (ii) Tariff number and title; and
    (iii) The rate, commodity, or rules related to the application, and 
the special circumstances which the applicant believes constitute good 
cause to depart from the requirements of this part or to warrant a 
tariff change upon less than the statutory notice period.
    (d) Implementation. The authority granted by the Commission shall 
be used in its entirety, including the prompt publishing of the 
material for which permission was requested. Applicants shall use the 
special case number assigned by the Commission with the symbol ``S''.


Sec. 520.91  OMB control number assigned pursuant to the Paperwork 
Reduction Act.

    The Commission has received OMB approval for this collection of 
information pursuant to the Paperwork Reduction Act of 1995, as 
amended. In accordance with the Act, agencies are required to display a 
currently valid control number. The valid control number for this 
collection of information is 3072-0064.

Appendix A to Part 520--Standard Terminology and Codes

                   I.--Publishing/Amendment Type Codes
------------------------------------------------------------------------
             Code                              Definition
------------------------------------------------------------------------
A............................  Increase.
C............................  Change resulting in neither increase nor
                                decrease in rate or charges.
E............................  Expiration (also use ``A'' if the
                                deletion results in the application of a
                                higher ``cargo, n.o.s.'' or similar
                                rate).
I............................  New or initial matter.
K............................  Rate or change filed by a controlled
                                common carrier member of a conference
                                under independent action.
M............................  Transportation of U.S. Department of
                                Defense cargo by American-flag common
                                carriers.
P............................  Addition of a port or point.
R............................  Reduction.
S............................  Special Case matter filed pursuant to
                                Special Permission, Special Docket or
                                other Commission direction, including
                                filing of tariff data after suspension,
                                such as for controlled carriers.
                                Requires ``Special Case Number.''
T............................  Terminal Rates, charges or provisions or
                                canal tolls over which the carrier has
                                no control.
W............................  Withdrawal of an erroneous publication on
                                the same publication date.
X............................  Exemption for controlled carrier data in
                                trades served exclusively by controlled
                                carriers or by controlled carriers of
                                states receiving most-favored-nation
                                treatment.
------------------------------------------------------------------------


                             II.--Unit Codes
------------------------------------------------------------------------
 
------------------------------------------------------------------------
A. Weight Units:
  Kilograms..................................  KGS
  1000 Kgs (Metric Ton)......................  KT
  Pounds.....................................  LBS
  Long Ton (2240 LBS)........................  LT
  Short Ton (2000 LBS).......................  ST
B. Volume Units:
  Cubic meter................................  CBM
  Cubic feet.................................  CFT
C. Length Units:
  Centimeters................................  CM
  Feet.......................................  FT
  Inches.....................................  IN
  Meters.....................................  M
D. Measure Board Feet:
  Thousand Board Feet........................  MBF
E. Distance Units:
  Kilometers.................................  KM
  Miles......................................  MI
F. Rate Basis:
  Ad Valorem.................................  AV
  Each.......................................  EA
  Lump Sum...................................  LS
  Measure....................................  M
  Thousand Board Feet........................  MBF
  Per Container..............................  PC
  Weight.....................................  W
  Weight/Measure.............................  WM
G. Container Size Codes:
  Not Applicable.............................  N/A
  Less Than Load.............................  LTL
  10 FT Any Height...........................  10X
  20 FT 8'6''................................  20
  20 FT 9'0'' High Cube......................  20A
  20 FT 9'6'' High Cube......................  20B
  20 FT 8'0''................................  20S
  20 FT Any Height...........................  20X
  24 FT 8'6''................................  24
  24 FT 9'0'' High Cube......................  24A
  24 FT 9'6'' High Cube......................  24B
  24 FT 8'0''................................  24S
  24 FT Any Height...........................  24X
  35 FT 8'6''................................  35
  35 FT 9'0'' High Cube......................  35A
  35 FT 9'6'' High Cube......................  35B
  35 FT 8'0''................................  35S
  35 FT Any Height...........................  35X
  40 FT 8'6''................................  40

[[Page 11233]]

 
  40 FT 9'0'' High Cube......................  40A
  40 FT 9'6'' High Cube......................  40B
  40 FT 8'0''................................  40S
  40 FT Any Height...........................  40X
  42 FT 8'6''................................  42
  42 FT 9'0'' High Cube......................  42A
  42 FT 9'6'' High Cube......................  42B
  42 FT 8'0''................................  42S
  42 FT Any Height...........................  42X
  43 FT 8'6''................................  43
  43 FT 9'0'' High Cube......................  43A
  43 FT 9'6'' High Cube......................  43B
  43 FT 8'0''................................  43S
  43 FT Any Height...........................  43X
  45 FT 8'6''................................  45
  45 FT 9'0'' High Cube......................  45A
  45 FT 9'6'' High Cube......................  45B
  45 FT 8'0''................................  45S
  45 FT Any Height...........................  45X
  48 FT 8'6''................................  48
  48 FT 9'0'' High Cube......................  48A
  48 FT 9'6'' High Cube......................  48B
  48 FT 8'0''................................  48S
  48 FT Any Height...........................  48X
  53 FT 8'6''................................  53
  53 FT 9'0'' High Cube......................  53A
  53 FT 9'6'' High Cube......................  53B
  53 FT 8'0''................................  53S
  53 FT Any Height...........................  53X
H. Container Type Codes:
  Not Applicable.............................  N/A
  Atmosphere Control.........................  AC
  Collapsible Flatrack.......................  CF
  Drop Frame.................................  DF
  Flat Bed...................................  FB
  Flat Rack..................................  FR
  Garment Container..........................  GC
  Half-Height................................  HH
  Hardtop....................................  HT
  Insulated..................................  IN
  Open Top...................................  OT
  Dry........................................  PC
  Platform...................................  PL
  Reefer.....................................  RE
  Tank.......................................  TC
  Top Loader.................................  TL
  Trailer....................................  TR
  Vehicle Racks..............................  VR
I. Container Temperature Codes:
  Not Appl/Operating.........................  N/A
  Artificial Atmo Ctrl.......................  AC
  Chilled....................................  CLD
  Frozen.....................................  FRZ
  Heated.....................................  HTD
  Refrigerated...............................  RE
  Ventilated.................................  VEN
J. Packaging Codes:
  Bag........................................  BAG
  Bale.......................................  BAL
  Bar........................................  BAR
  Barrel.....................................  BBL
  Bundle.....................................  BDL
  Beam.......................................  BEM
  Bing Chest.................................  BIC
  Bin........................................  BIN
  Bulk.......................................  BLK
  Bobbin.....................................  BOB
  Box........................................  BOX
  Barge......................................  BRG
  Basket/Hamper..............................  BSK
  Bushel.....................................  BUS
  Box, with Inner Cntn.......................  BXI
  Bucket.....................................  BXT
  Cabinet....................................  CAB
  Cage.......................................  CAG
  Can........................................  CAN
  Carrier....................................  CAR
  Case.......................................  CAS
  Cntnrs of Bulk Cargo.......................  CBC
  Carboy.....................................  CBY
  Can Case...................................  CCS
  Cheeses....................................  CHE
  Core.......................................  COR
  Cradle.....................................  CRD
  Crate......................................  CRT
  Cask.......................................  CSK
  Carton.....................................  CTN
  Cylinder...................................  CYL
  Dry Bulk...................................  DBK
  Double-length Rack.........................  DRK
  Drum.......................................  DRM
  Double-length Skid.........................  DSK
  Double-length..............................  DTB
  Firkin.....................................  FIR
  Flo-Bin....................................  FLO
  Frame......................................  FRM
  Flask......................................  FSK
  Forward Reel...............................  FWR
  Garment on Hanger..........................  GOH
  Heads of Beef..............................  HED
  Hogshead...................................  HGH
  Hopper Car.................................  HPC
  Hopper Truck...............................  HPT
  On Hanger/Rack in bx.......................  HRB
  Half-Standard Rack.........................  HRK
  Half-Stand. Tote Bin.......................  HTB
  Jar........................................  JAR
  Keg........................................  KEG
  Kit........................................  KIT
  Knockdown Rack.............................  KRK
  Knockdown Wood Crates......................  KWC
  Knockdown Tote Bin.........................  KTB
  Liquid Bulk................................  LBK
  Lifts......................................  LIF
  Log........................................  LOG
  Loose......................................  LSE
  Lug........................................  LUG
  Lift Van...................................  LVN
  Multi-roll Pak.............................  MRP
  Noil.......................................  NOL
  Nested.....................................  NST
  Pail.......................................  PAL
  Packed--NOS................................  PCK
  Pieces.....................................  PCS
  Pirns......................................  PIR
  Package....................................  PKG
  Platform...................................  PLF
  Pipe Line..................................  PLN
  Pallet.....................................  PLT
  Private Vehicle............................  POV
  Pipe Rack..................................  PRK
  Quarters of Beef...........................  QTR
  Rail (semiconductor).......................  RAL
  Rack.......................................  RCK
  Reel.......................................  REL
  Roll.......................................  ROL
  Reverse Reel...............................  RVR
  Sack.......................................  SAK
  Shook......................................  SHK
  Sides of Beef..............................  SID
  Skid.......................................  SKD
  Skid, Elev, Lift Trk.......................  SKE
  Sleeve.....................................  SLV
  Spin Cylinders.............................  SPI
  Spool......................................  SPL
  Tube.......................................  TBE
  Tote Bin...................................  TBN
  Tank Car Rail..............................  TKR
  Tank Truck.................................  TKT
  Intermdl Trlr/Cntnr........................  TLD
  Tank.......................................  TNK
  Tierce.....................................  TRC
  Trunk and Chest............................  TRK
  Tray.......................................  TRY
  Trunk, Salesmen Samp.......................  TSS
  Tub........................................  TUB
  Unpacked...................................  UNP
  Unit.......................................  UNT
  Vehicles...................................  VEH
  Van Pack...................................  VPK
  On Own Wheels..............................  WHE
  Wheeled Carrier............................  WLC
  Wood Crates................................  WC
  Wrapped....................................  WRP
  Not Applicable.............................  N/A
K. Shipment Stowage Location Codes:
  Not Applicable.............................  N/A
  On Deck....................................  OD
  Bottom Stowage.............................  BS
L. Hazard Codes:
  Not Applicable.............................  N/A
  IMD Stow Category A........................  A
  IMD Stow Category B........................  B
  IMD Stow Category C........................  C
  IMD Stow Category D........................  D
  IMD Stow Category E........................  E
  Hazardous..................................  HAZ
  Non-Hazardous..............................  NHZ
M. Stuffing/Stripping Modes:
  Not Applicable.............................  N/A
  Mechanical.................................  MECH
  Hand Loading...............................  HAND
N. Inland Transportation Modes:
  Not Applicable.............................  N/A
  Motor......................................  M
  Rail.......................................  R
  Barge......................................  B
  Motor/Rail.................................  MR
  Rail/Motor.................................  RM
  Motor/Barge................................  MB
  Barge/Motor................................  BM
  Rail/Barge.................................  RB
  Barge/Rail.................................  BR
O. Shipment Service Types:
  Barge......................................  B
  Door.......................................  D
  House......................................  H
  Motor......................................  M
  Ocean Port.................................  O
  Pier.......................................  P
  Rail Yard..................................  R
  Container Station..........................  S
  Terminal...................................  T
  Container Yard.............................  Y
  Rail Siding................................  U
  Team Tracks................................  X
P. Freight Forwarder/Broker Type Codes:
  Not Applicable.............................  N/A
  Freight Forwarder..........................  FF
  Customs House Broker.......................  CB
  Other......................................  OTH
Q. Tariff Type Codes:
   Bill of Lading Tariff.....................  BL
  Equipment Interchange Agreement Tariff.....  EI

[[Page 11234]]

 
  Essential Terms Publication................  ET
  Foreign Commodity Tariff...................  FC
  Foreign Rules Tariff.......................  FR
  Terminal Tariff............................  TM
  Service Contracts..........................  SC
------------------------------------------------------------------------

    By the Commission.*
---------------------------------------------------------------------------

    * Commissioner Moran voted nay on section 520.4(c)(8).
---------------------------------------------------------------------------

Bryant L. VanBrakle,
Secretary.
[FR Doc. 99-5293 Filed 3-5-99; 8:45 am]
BILLING CODE 6730-01-P