INDUSTRY FAVORABLE ON ELECTRONIC FILING OF FMC DOCUMENTATION
The U.S. Federal Maritime Commission’s notice of inquiry concerning the automated filing of documentation and providing electronic signatures to the agency has received favorable feedback from the shipping industry.
“In a commercial setting, the electronic transmission of information generally reduces the time and expense associated with the assembly and transmission of that information,” said Salvador Bruno of Lykes Lines Ltd. in Tampa, Fla., in response to the inquiry. “Lykes believes that using technology to facilitate such transmission in a regulatory setting would likely result in economics for both the regulatory agency and those it regulates.”
Under the Government Paperwork Elimination Act (and the Electronic Signatures in Global and National Commerce Act), federal agencies are required to provide an option for electronic maintenance of information and electronic signatures by Oct. 21, 2003.
Other companies and industry groups that approve of providing more information to the FMC electronically are the National Customs Brokers and Forwarders Association of America, Marathon Ashland Petroleum and Marathon Oil Co., the U.S. Southern African Conference, the Trans-Atlantic American Flag Liner Operators and Trans-Pacific American Flag Berth Operators, and Solvay Polymers.
The FMC forms covered in the inquiry are:
* Organization information (Form FMC-1).
* Application for a license as an ocean transportation intermediary (Form FMC-18).
* Ocean transportation intermediary bond (Form FMC-48)
* Ocean transportation intermediary insurance form (Form FMC-67).
* Ocean transportation intermediary guaranty form (Form FMC-68).
* Ocean transportation intermediary group bond form (Form FMC-69).
* Service contracts user registration form (Form FMC-83)
* Application for certificate of financial responsibility (Form FMC-131).
* Passenger vessel surety bond (Form FMC-132A).
* Passenger vessel surety bond (Form FMC-132B).
* FMC guaranty in respect of liability for nonperformance section 3 of the Act Pub. L. 89-777 (Form FMC-133).
* FMC guaranty in respect of liability for death or injury section 2 of the Act Pub. L. 89-777 (Form FMC-133B).
* Information for Class A/B agreements and instructions (Form FMC-150).
* Monitoring reports for Class A agreements (Form FMC-152A).
* Monitoring reports for Class B agreements (Form FMC-152B).
* Monitoring reports for Class C agreements (Form FMC-152C).
* Information for Class C agreements and instructions (Form FMC-151).
The FMC already has procedures in place to receive electronic filings of confidential service contracts.
“Under those procedures, the commission has wisely done away, altogether, with the submission of signatures, developed simplified user friendly software to facilitate filings and provided for immediate electronic notice of receipt of filings,” said H.A. Levy, administrator and counsel for the U.S. Southern African Conference. “This is precisely what the doctor ordered.”
Industry respondents, however, believe that the FMC must build safeguards in its future filing system to protect proprietary information.
The FMC said it will continue to receive comments from the industry about the inquiry through Sept. 17. For more information about the inquiry, access http://www.fmc.gov/Dockets/01-08Inquiry.htm .