Page:United States Statutes at Large Volume 106 Part 6.djvu/353

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PUBLIC LAW 102-582—NOV. 2, 1992 106 STAT. 4911 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 (46 App. U.S.C. 843 et seq.). (2) AVAILABILITY OF INFORMATION. —The Commission shall make available electronically to any person, without time, quantity, or other limitation, both at the Commission headqusurters 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 essentisd 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 1^3, 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 fix>m 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 exemptfi^mpaying a fee under this subsection. (e) ENFORCEMENT. —The Commission shall use systems controls or other appropriate methods to enforce subsection (d). (f) PENALTIES.— (1) CIVIL PENALTIES.—A person failing to pay a fee established under subsection (d) 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) 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 59-194 O—93 12:QL 3 (Pt. 6)