FEDERAL MARITIME COMMISSION [46 CFR PART 572] DOCKET NO. 84-26 RULES GOVERNING AGREEMENTS BY OCEAN COMMON ACTION: DATE: SUSPENSION OF REPORTING REQUIREMENTS September 11, 1984 Interim Rules. The Commission amends its Interim Rules governing SUPPLEMENTARY INFORMATION: The Shipping Act of 1984 (1984 Act), Public Law 98-237, 98 Stat. 67, 46 U.S.C. app. 1701-1720 became effective on June 18, 1984. Section 17(b) of the 1984 Act authorizes the Commission to prescribe interim rules without adhering to the normal notice and comment procedures under the Administrative Procedure Act (5 U.S.C. 553). On May 29, 1984, the Commission published an Interim Rule and Request for Comments implementing those provisions of the Act which govern agreements by ocean common carriers and other persons subject to the 1984 Act (26 F.M.C. 681). This Interim Rule became effective on June 18, 1984. Interested persons were given 90 days from the date of publication in the Federal Register in which to comment on the interim rules. The Commission has now been requested by certain conferences to immediately suspend the requirement in section 572.704 that conferences maintain and file with the Commission an index of documents, and the related requirement in section 572.703(b) that meeting reports: . . shall specify any documents distributed by the conference or other agreement to inform or assist the members on such matters. . . . CARRIERS SUBJECT TO THE SHIPPING ACT OF 1984 occurring within the scope of the agreement and which are being discussed or considered by the membership..* Section 704 of the Interim Rule provides: "(a) Each agreement required to file minutes pursuant to § 572.703 "(b) Each index required by paragraph (a) of this section shall Upon consideration of the emergency comments, we have determined to grant the interim relief requested, and defer implementation of these requirements pending issuance of a Final Rule. This action is not a determination on the ultimate merit of these comments which will be considered in connection with the issuance of a final rule. Accordingly, section 572.704 is being amended to provide that for the index of documents the first period to be reported is that ending "March 31, 1985" rather than "September 30, 1984." Also, section 572.703 is amended to provide that minutes need not specify documents which are distributed until January 1, 1985. List of Subjects in 46 CFR Part 572. Antitrust, Contracts, Maritime carriers, Administrative practice and Therefore, pursuant to 5 U.S.C. 553, and sections 5, 6, and 17 of the Shipping Act of 1984 (46 U.S.C. app. 1704, 1705 and 1716), the Commission amends Title 46, Code of Federal Regulations, Part 572, Subpart G, as follows: 1. In § 572.703 revise paragraph (b) to read as follows: § 572.703 Filing of minutes * (b) Content of Minutes. Conferences, interconference agreements, agreements between a conference and one or more ocean common carriers, pooling agreements, equal access agreements, discussion agreements, marine terminal conferences, and marine terminal rate fixing agreements shall, through a designated official, file with the Commission a report of each meeting describing all matters within the scope In addition to the comments seeking immediate relief, numerous other comments have been filed regarding the Interim Rule. These other comments require no immediate attention and are not addressed in this notice. They will be considered at a later date. of the agreement which are discussed or considered at any such meeting, shall specify any documents distributed by the conference or other agreement to inform or assist the members on such matters, and shall indicate the action taken. These reports need not disclose the identity of parties that participated in discussions, or the votes taken. Reports of meetings filed with the Commission in accordance with this requirement need not specify documents that were distributed until January 1, 1985. 2. In §572.704, Index of Documents, in paragraph (b), remove "September 30, 1984" and insert "March 31, 1985." By the Commission. (S) FRANCIS C. HURNEY Secretary [46 CFR PART 582] DOCKET NO. 84-25 CERTIFICATION OF COMPANY POLICIES AND EFFORTS TO COMBAT REBATING IN THE FOREIGN COMMERCE OF THE UNITED STATES ACTION: DATES: September 17, 1984 Final Rules. These Final Rules modify the Commission's regulations requiring the filing of certifications of company practices to combat rebating in the foreign commerce of the United States to bring them into conformity with the Shipping Act of 1984 which expands the application of the annual certification requirement from vessel operating common carriers to all common carriers. Final Rules effective October 22, 1984, except Section 582.3 which will become effective December 15, 1984. SUPPLEMENTARY INFORMATION: The Shipping Act of 1984 (1984 Act) (46 U.S.C. app. 1701-1720) was enacted on March 20, 1984 and became effective on June 18, 1984. Section 15(b) of the 1984 Act (46 U.S.C. app. 1714(b)) makes substantive changes to the previous requirements of section 21(b) of the Shipping Act, 1916 (1916 Act) (46 U.S.C. app. 820(b)), regarding the certification of company policies and efforts to combat rebating in the foreign commerce of the United States. The fundamental change is the expansion of the certification requirements to all common carriers from the former limited application to vessel operating common carriers only. On May 29, 1984, the Commission published in the Federal Register, 49 FR 22294 (26 F.M.C. 676) an Interim Rule and Request for Comments which implements the 1984 Act's certification requirements. The Interim Rule reflected changes in definitions and application contained in the 1984 Act, particularly the requirement that every non-vessel-operating common carrier (NVO), as well as every vessel operating common carrier, in the foreign commerce file an annual anti-rebating certification. The Interim Rule also reflected the altered statutory scheme of the 1984 Act under section 15(b) which permits the Commission to require certification from "any shipper, shippers' association, marine terminal operator, ocean freight forwarder or broker." The Interim Rule did not require periodic certifications from entities other than those mandated by statute, but |