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(a) Availability of terminal schedules—
(1) Availability to the Commission. A complete and current set of terminal schedules used by a marine terminal operator, or to which it is a party, shall be maintained in its office(s) for a period of five (5) years, whether or not made available to the public, and shall promptly be made available to the Commission upon request.
(2) Availability to the public. Any terminal schedule that is made available to the public shall be available during normal business hours and in electronic form. The public may be assessed a reasonable nondiscriminatory charge for access to the terminal schedules; no charge will be assessed against the Commission.
(b) Access to electronically published schedules. Marine terminal operators shall provide access to their terminal schedules via a personal computer (PC) by:
(1) Dial-up connection via public switched telephone networks (PSTN); or
(2) The Internet (Web) by:
(i) Web browser; or
(ii) Telnet session.
(c) Dial-up connection via PSTN.
(1) This connection option requires that terminal schedules provide:
(i) A minimum of a 14.4Kbps modem capable of receiving incoming calls,
(ii) Smart terminal capability for VT–100 terminal or terminal emulation access, and
(iii) Telephone line(s) quality for data transmission.
(2) The modem may be included in a collection (bank) of modems as long as all modems in the bank meet the minimum speed. Smart terminal emulation provides for features such as bold, blinking, underlining and positioning to specific locations on the display screen.
(d) Internet connection.
(1) This connection option requires that systems provide:
(i) A universal resource locator (URL) Internet address (e.g., http://www.tariffsrus.com or http://22.214.171.124), and/or
(ii) A universal resource locator (URL) Internet address (e.g., telnet://tariffsrus or telnet://126.96.36.199), for Telnet session access over the Internet.
(2) Marine terminal operators shall ensure that their Internet service providers shall provide static Internet addresses.
(e) Commission access. Commission telecommunications access to systems must include connectivity via a dial-up connection over public switched telephone networks (PSTN) or a connection over the Internet. Connectivity will be provided at the expense of the publishers. Any recurring connection fees, hardware rental fees, usage fees or any other charges associated with the availability of the system are the responsibility of the publisher. The Commission shall only be responsible for the long-haul charges for PSTN calls to a terminal schedule initiated by the Commission.
(f) Notification. Each marine terminal operator shall notify the Commission's Bureau of Tariffs, Certification and Licensing (“BTCL”), prior to the commencement of marine terminal operations, of its organization name, organization number, home office address, name and telephone number of firm's representative, the location of its terminal schedule(s), and the publisher, if any, used to maintain its terminal schedule, by electronically submitting Form FMC–1 via the Commission's website at www.fmc.gov. Any changes to the above information shall be immediately transmitted to BTCL. The Commission will publish a list on its website of the location of any terminal schedule made available to the public.
(g) Form and manner. Each terminal schedule made available by a marine terminal operator shall contain an individual identification number, effective date, expiration date, if any, and the complete terminal schedule in full text and/or data format showing all its rates, charges, and regulations relating to or connected with the receiving, handling, storing, and/or delivering of property at its terminal facilities.
Cite this article: FindLaw.com - Code of Federal Regulations Title 46. Shipping § 46.525.3 Availability of marine terminal operator schedules - last updated October 03, 2022 | https://codes.findlaw.com/cfr/title-46-shipping/cfr-sect-46-525-3/
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