[Federal Register Volume 68, Number 184 (Tuesday, September 23, 2003)]
[Notices]
[Pages 55245-55246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24183]


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FEDERAL MARITIME COMMISSION

[Petition No. P7-03]


Petition of Ocean World Lines, Inc., for a Rulemaking To Amend 
and Expand the Definition and Scope of ``Special Contracts'' To Include 
All Ocean Transportation Intermediaries; Notice of Filing

    Notice is hereby given that Ocean World Lines, Inc. 
(``Petitioner'') has petitioned for the issuance of a rulemaking 
pursuant to 46 CFR 502.51. Petitioner seeks a rulemaking to address and 
evaluate the impact of the Commission's rules governing Ocean 
Transportation Intermediaries (``OTIs''). Specifically, Petitioner 
seeks a rulemaking that would expand the definition and scope of the 
term ``special contracts'' to include all OTIs in the same manner as 
currently applied to ocean freight forwarders (46 CFR 515.41(c)). 
Petitioner advises that it filed its Petition in response to petitions 
P3-03, Petition of United Parcel Service, Inc. for Exemption Pursuant 
to Section 16 of the Shipping Act of 1984 to Permit Negotiation, Entry 
and Performance of Service Contracts, and P5-03, Petition of National 
Customs Brokers and Forwarders Association of America, Inc., for 
Limited Exemption from Certain Tariff Requirements of the Shipping Act 
of 1984. Petitioner asserts that its Petition will

    Provide the Commission with the regulatory ability to act on the 
issue of shielding some non-vessel-operating common carrier 
(``NVOCC'') rates even if it determines that its statutory exemption 
authority does not extend to those elements of the statutory regime 
that Congress addressed directly in the Ocean Shipping Reform Act of 
1998; and in so doing, provide NVOCCs with the ability to enter into 
rate agreements that are shielded from public

[[Page 55246]]

view by their competitors without recourse to service contracts or a 
broad-ranging tariff exemption and to ameliorate the marketplace 
dysfunction caused by the transparent/opaque rate dichotomy that 
exists in the trade today.

    In order for the Commission to make a thorough evaluation of the 
Petition, interested persons are requested to submit views or arguments 
in reply to the petition no later than October 10, 2003. Replies shall 
consist of an original and 15 copies, be directed to the Secretary, 
Federal Maritime Commission, 800 North Capitol Street, NW., Washington, 
DC 20573-0001, and be served on Petitioner's counsel Leonard L. 
Fleisig, Esq., Troutman Sanders LLP, 401 Ninth Street, NW., Suite 1000, 
Washington, DC 20004. It is also requested that a copy of the reply be 
submitted in electronic form (WordPerfect, Word or ASCII) on diskette 
or e-mailed to [email protected]. The Petition will be posted on the 
Commission's Home page at http://www.fmc.gov/Docket%20Log/Docket%20Log%20Index.htm. All replies filed in response to the Petition 
will also be posted on the Commission's Home page at this location.\1\ 
Copies of the Petition also may be obtained by sending a request to the 
Office of the Secretary, Room 1046, or by calling (202) 523-5725. 
Parties participating in this proceeding may elect to receive service 
of the Commission's issuances in this proceeding through e-mail in lieu 
of service by U.S. mail. A party opting for electronic service shall 
advise the Office of the Secretary in writing and provide an e-mail 
address where service can be made. Such request should be directed to 
[email protected].
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    \1\ Copies of replies to Petition Nos. P3-03, P5-03, P8-03, and 
P9-03 are also available on the Commission's homepage at the address 
listed above.

Bryant L. VanBrakle,
Secretary.
[FR Doc. 03-24183 Filed 9-22-03; 8:45 am]
BILLING CODE 6730-01-P