TO: ALL COMMON CARRIERS, CONFERENCES OF COMMON CARRIERS AND PUBLISHERS OF CARRIER/CONFERENCE AUTOMATED TARIFF SYSTEMS

SUBJECT: CHARGES ASSESSED FOR ACCESS TO TARIFFS AND TARIFF SYSTEMS

Effective May 1, 1999, the Ocean Shipping Reform Act of 1998 (“OSRA”) modified the Shipping Act of 1984 (“1984 Act”) to require carriers and conferences to publish their rates in private, automated tariff systems. OSRA requires these tariffs to be made available electronically to any person, without limits on time, quantity, or other such limitation, through appropriate access from remote locations, and authorizes that “a reasonable charge” may be assessed for access. See 46 U.S.C. app. § 1707(a)(2).

OSRA charges the Federal Maritime Commission (“Commission”) with prescribing requirements for the “accessibility and accuracy” of these systems; the periodic review of these systems; and the prohibition of the use of systems that fail to meet the Commission’s requirements. 46 U.S.C. app. § 1707(g). The Commission has implemented requirements intended to permit shippers and other members of the public to obtain reliable and useful tariff information. 46 C.F.R. Part 520.

With the advent of internet technology as a primary means of distributing information, the Commission anticipated that carriers’ tariffs would, if anything, become more accessible to the shipping public than they had been under the Commission’s former Automated Tariff Filing and Information System. In several instances, however, review of carrier accessibility and fee requirements, as well as comments from users, identified systems whose charges appear to be in apparent contravention of OSRA’s provisions permitting assessment of a “reasonable” access charge.

This circular letter serves to provide guidance to carriers, conferences, and tariff publishers with respect to the issue of reasonable fees. Those involved in publishing carrier tariff systems are encouraged to utilize this guidance to ensure that published tariffs are the information tools envisioned by OSRA. While the Commission will work with the industry to ensure reasonable fees for public access to tariffs, Commission action may be initiated to address statutory or regulatory deficiencies not voluntarily resolved.

The Commission has not promulgated regulations governing tariff access charges. However, it appears that “a reasonable charge” for access should recover only costs and expenses incurred by carriers in making their tariffs accessible to the public, and should not recover the costs and expenses associated with:

(1) developing or publishing a tariff/essential terms publication;

(2) providing access to federal agencies;

(3) providing access to the publishing carrier’s employees or agents or to a publishing conference’s employees or its members’ employees or agents; or

(4) developing any other function or service for possible use by a carrier’s or conference’s employees or agents, as the case may be.

Any subscription fees assessed should also be consistent with these criteria.

It is intended that voluntary adherence to these tariff access guidelines will obviate the need for further Commission action on these issues.

Bruce A. Dombrowski
Executive Director

Dated: October 6, 2000