§1707a. Automated Tariff Filing and Information System

(a) Definitions

In this section, the following definitions apply:

(1) Commission

The term "Commission" means the Federal Maritime Commission.

(2) Common carrier

The term "common carrier" means a common carrier under section 3 of the Shipping Act of 1984 (46 App. U.S.C. 1702), a common carrier by water in interstate commerce under the Shipping Act, 1916 (46 App. U.S.C. 801 et seq.), or a common carrier by water in intercoastal commerce under the Intercoastal Shipping Act, 1933.¹

(3) Conference

The term "conference" has the meaning given that term under section 3 of the Shipping Act of 1984 (46 App. U.S.C. 1702).

(4) Essential terms of service contracts

The term "essential terms of service contracts" means the essential terms that are required to be filed with the Commission and made available under section 8(c) of the Shipping Act of 1984 (46 App. U.S.C. 1707(c)).

(5) Tariff

The term "tariff" means a tariff of rates, charges, classifications, rules, and practices required to be filed by a common carrier or conference under section 8 of the Shipping Act of 1984 (46 App. U.S.C. 1707), or a rate, fare, charge, classification, rule, or regulation required to be filed by a common carrier or conference under the Shipping Act, 1916 (46 U.S.C. 801 et seq.), or the Intercoastal Shipping Act, 1933.¹

(b) Tariff form and availability

(1) Requirement to file

Notwithstanding any other law, each common carrier and conference shall, in accordance with subsection (c) of this section, file electronically with the Commission all tariffs, and all essential terms of service contracts, required to be filed by that common carrier or conference under the Shipping Act of 1984 (46 App. U.S.C. 1701 et seq.), the Shipping Act, 1916 (46 App. U.S.C. 801 et seq.), and the Intercoastal Shipping Act, 1933.¹

(2) Availability of information

The Commission shall make available electronically to any person, without time, quantity, or other limitation, both at the Commission headquarters and through appropriate access from remote terminals-

(A) all tariff information, and all essential terms of service contracts, filed in the Commission's Automated Tariff Filing and Information System database; and

(B) all tariff information in the System enhanced electronically by the Commission at any time.

(c) Filing schedule

New tariffs and new essential terms of service contracts shall be filed electronically not later than July 1, 1992. All other tariffs, amendments to tariffs, and essential terms of service contracts shall be filed not later than September 1, 1992.

(d) Fees

(1) Amount of fee

The Commission shall charge, beginning July 1 of fiscal year 1992 and in fiscal years 1993, 1994, and 1995-

(A) a fee of 46 cents for each minute of remote computer access by any individual of the information available electronically under this section; and

(B)(i) for electronic copies of the Automated Tariff Filing and Information System database (in bulk), or any portion of the database, a fee reflecting the cost of providing those copies, including the cost of duplication, distribution, and user-dedicated equipment; and

(ii) for a person operating or maintaining information in a database that has multiple tariff or service contract information obtained directly or indirectly from the Commission, a fee of 46 cents for each minute that database is subsequently accessed by computer by any individual.

(2) Exemption for Federal agencies

A Federal agency is exempt from paying a fee under this subsection.

(e) Enforcement

The Commission shall use systems controls or other appropriate methods to enforce subsection (d) of this section.

(f) Penalties

(1) Civil penalties

A person failing to pay a fee established under subsection (d) of this section is liable to the United States Government for a civil penalty of not more than $5,000 for each violation.

(2) Criminal penalties

A person that willfully fails to pay a fee established under subsection (d) of this section commits a class A misdemeanor.

(g) Automatic filing implementation

(1) Certification of software

Software that provides for the electronic filing of data in the Automated Tariff Filing and Information System shall be submitted to the Commission for certification. Not later than fourteen days after a person submits software to the Commission for certification, the Commission shall-

(A) certify the software if it provides for the electronic filing of data; and

(B) publish in the Federal Register notice of that certification.

(2) Repayable advance

(A) Availability and use of advance

Upon November 2, 1992, the Secretary of the Treasury shall make available to the Commission, as a repayable advance, not more than $4,000,000, to remain available until expended. The Commission shall spend these funds to complete and upgrade the capacity of the Automated Tariff Filing and Information System to provide access to information under this section.

(B) Requirement to repay

(i) In general

Any advance made to the Commission under subparagraph (A) shall be repaid, with interest, to the general fund of the Treasury not later than September 30, 1995.

(ii) Interest

Interest on any advance made to the Commission under subparagraph (A)-

(I) shall be at a rate determined by the Secretary of the Treasury, as of the close of the calendar month preceding the month in which the advance is made, to be equal to the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the anticipated period during which the advance will be outstanding; and

(II) shall be compounded annually.

(3) Use of retained amounts

Out of amounts collected by the Commission under this section, amounts shall be retained and expended by the Commission for each fiscal year, without fiscal year limitation, to carry out this section and pay back the Secretary of the Treasury for the advance made available under paragraph (2).

(4) Deposit in Treasury

Except for the amounts retained by the Commission under paragraph (3), fees collected under this section shall be deposited in the general fund of the Treasury as offsetting receipts.

(h) Restriction

No fee may be collected under this section after fiscal year 1995.

( Pub. L. 102–582, title V, §502, Nov. 2, 1992, 106 Stat. 4910 .)

References in Text

The Shipping Act, 1916, referred to in subsecs. (a)(2), (5) and (b)(1), is act Sept. 7, 1916, ch. 451, 39 Stat. 728 , as amended, which is classified generally to chapter 23 (§801 et seq.) of this Appendix. For complete classification of this Act to the Code, see section 842 of this Appendix and Tables.

The Intercoastal Shipping Act, 1933, referred to in subsecs. (a)(2), (5) and (b)(1), is act Mar. 3, 1933, ch. 199, 47 Stat. 1425 , as amended, which was classified generally to chapter 23A (§843 et seq.) of this Appendix, prior to repeal by Pub. L. 104–88, title III, §335(a), Dec. 29, 1995, 109 Stat. 953 , effective Sept. 30, 1996. For complete classification of this Act to the Code, see Tables.

The Shipping Act of 1984, referred to in subsec. (b)(1), is Pub. L. 98–237, Mar. 20, 1984, 98 Stat. 67 , as amended, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of this Appendix and Tables.

Codification

Section was enacted as part of the High Seas Driftnet Fisheries Enforcement Act, and not as part of the Shipping Act of 1984 which comprises this chapter.

Section is comprised of section 502 of Pub. L. 102–582. Subsec. (i) of section 502 of Pub. L. 102–582 repealed section 1111c of this Appendix.

¹ See References in Text note below.