[Federal Register Volume 64, Number 145 (Thursday, July 29, 1999)]
[Rules and Regulations]
[Pages 41041-41042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19325]


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FEDERAL MARITIME COMMISSION

46 CFR Part 530

[Docket No. 99-12]


Termination of Dial-Up Service Contract Filing System

AGENCY: Federal Maritime Commission.

ACTION: Final rule.

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SUMMARY: This final rule implements the Federal Maritime Commission's 
full transition to the internet-based service contract filing system 
and removes all references to the dial-up filing system.

DATES: Effective date October 1, 1999.

FOR FURTHER INFORMATION CONTACT:

Austin L. Schmitt, Director, Bureau of Tariffs, Certification and 
Licensing, Federal Maritime Commission, 800 North Capitol Street, NW, 
Washington, DC 20573-0001, (202) 523-5796
Thomas Panebianco, General Counsel, Federal Maritime Commission, 800 
North Capitol Street, NW, Washington, DC 20573-0001, (202) 523-5740

SUPPLEMENTARY INFORMATION: In Docket No. 98-30, Service Contracts 
Subject to the Shipping Act of 1984, the Federal Maritime Commission 
(``FMC'' or ``Commission'') implemented new rules governing the filing 
of service contracts to reflect changes made to the Shipping Act of 
1984, 46 U.S.C. app. sec. 1701 et seq., by the Ocean Shipping Reform 
Act of 1998, Pub. L. 105-258, 112 Stat. 1902. In that rulemaking, the 
Commission adopted an internet-based service contract filing system 
effective May 1, 1999. The Commission also retained its dial-up system 
for service contract filing for a limited time to allow for a smooth 
transition to the internet-based system.
    In the interim final rule in Docket No. 98-30, effective March 1, 
1999, and published in the Federal Register March 8, 1999, the 
Commission stated:

    Interactive internet filing of service contracts with the 
Commission will be provided, and while the dial-up system will be 
available, the Commission expects to phase it out as soon as 
possible, but certainly no later than the end of Fiscal Year 1999.

64 FR 11186, 11195. Accordingly, the purpose of this final rule is to 
implement the anticipated requirement that all service contracts be 
filed through the Commission's internet-based service contract filing 
system no later than October 1, 1999. The dial-up system will be shut 
down and no service contract filings will be accepted in the dial-up 
system after September 30, 1999. Users who currently use the dial-up 
system for filing service contracts must, on a timely basis, submit an 
amendment to their Form FMC-83 (Registration) to obtain the new log-on 
IDs and passwords necessary to file in the internet system.
    Notice and an opportunity for public comment are not necessary 
prior to the issuance of this final rule inasmuch as both were provided 
previously in the course of the rulemaking for Docket No. 98-30. See 
Notice of Proposed Rulemaking, 63 FR 71062 (December 23, 1998); Interim 
Final Rule, 64 FR 11186

[[Page 41042]]

(March 8, 1999); and Final Rule, 64 FR 23782 (May 4, 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. The affected universe of the parties is limited to 
vessel-operating common carriers. The Commission has determined that 
these entities do not come under the programs and policies mandated by 
the Small Business Regulatory Enforcement Fairness Act as they 
typically exceed the threshold figures for number of employees and/or 
annual receipts to qualify as a small entity under Small Business 
Administration guidelines.
    This regulatory action is not a ``major rule'' under 5 U.S.C. 
804(2).

List of Subjects for 46 CFR part 530

    Freight, Maritime carriers, Reporting and recordkeeping 
requirements.

    Accordingly, the FMC amends 46 CFR part 530 as follows:

PART 530--SERVICE CONTRACTS

    1. The authority citation for part 530 continues to read as 
follows:

    Authority: 5 U.S.C. App. 1704, 1705, 1707, 1716.

    2. Amend Sec. 530.3 to revise paragraph (k) as follows:


Sec. 530.3  Definitions.

* * * * *
    (k) File or filing (of service contracts or amendments thereto) 
means the use of the Commission's electronic filing system for receipt 
of a service contract or an amendment thereto by the Commission, 
consistent with the method set forth in Appendix A of this part, and 
the recording of its receipt by the Commission.
* * * * *
    3. Amend Sec. 530.5 to revise paragraph (c)(1) and remove 
paragraphs (c)(3), (c)(4) and (c)(5) to read as follows:


Sec. 530.5  Duty to file.

* * * * *
    (c) Registration. (1) Application. Authority to file or delegate 
the authority to file must be requested by a responsible official of 
the service contract carrier in writing by submitting to BTCL the 
Registration Form (FMC-83) in Exhibit 1 to this part.
* * * * *
    4. Amend Sec. 530.8 to revise paragraphs (a) and (c) to read as 
follows:


Sec. 530.8  Service contracts.

    (a) Authorized persons shall file with BTCL, in the manner set 
forth in Appendix A of this part, a true and complete copy of every 
service contract or amendment to a filed service contract before any 
cargo moves pursuant to that service contract or amendment.
* * * * *
    (c) Certainty of terms. The terms described in paragraph (b) of 
this section may not:
    (1) Be uncertain, vague or ambiguous; or
    (2) Make reference to terms not explicitly contained in the service 
contract itself unless those terms are contained in a publication 
widely available to the public and well known within the industry.
* * * * *


Sec. 530.11  [Removed and Reserved]

    5. Remove and reserve Sec. 530.11.
    6. Revise Appendix A to part 530 to read as follows:

Appendix A to Part 530--Instructions for the Filing of Service 
Contracts

    Service contracts shall be filed in accordance with the 
instructions found on the Commission's home page, http://
www.fmc.gov.

A. Registration, Log-on ID and Password

    To register for filing, a carrier, conference, agreement or 
publisher must submit the Service Contract Registration Form (Form 
FMC-83) to BTCL. A separate Service Contract Registration Form is 
required for each individual that will file service contracts. BTCL 
will direct OIRM to provide approved filers with a log-on ID and 
password. Filers who wish a third party (publisher) to file their 
service contracts must so indicate on Form FMC-83. Authority for 
organizational filing can be transferred by submitting an amended 
registration form requesting the assignment of a new log-on ID and 
password. The original log-on ID will be canceled when a replacement 
log-on ID is issued. Log-on IDs and passwords may not be shared 
with, loaned to or used by any individual other than the individual 
registrant. The Commission reserves the right to disable any log-on 
ID that is shared with, loaned to or used by parties other than the 
registrant.

B. Filing

    After receiving a log-on ID and a password, a filer may log-on 
to the service contract filing area on the Commission's home page 
and file service contracts. The filing screen will request such 
information as: filer name, Registered Persons Index (``RPI'') 
number and carrier RPI number (if different); Service Contract and 
amendment number; and effective date. The filer will attach the 
entire service contract file and submit it into the system. When the 
service contract has been submitted for filing, the system will 
assign a filing date and an FMC control number, both of which will 
be included in the acknowledgment/confirmation message.
    By the Commission.
Bryant L. VanBrakle,
Secretary.
[FR Doc. 99-19325 Filed 7-28-99; 8:45 am]
BILLING CODE 6730-01-P