Federal Register, Volume 59 Issue 90 (Wednesday, May 11, 1994)

[Federal Register Volume 59, Number 90 (Wednesday, May 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11329]


[[Page Unknown]]

[Federal Register: May 11, 1994]


-----------------------------------------------------------------------

FEDERAL MARITIME COMMISSION
[Docket No. 93-25]

 

Cancellation of Tariffs for Failure To Comply With Automated 
Tariff Filing and Information System (``ATFI'') Filing Requirements 
(European Trade)

    By Order published in the Federal Register (58 FR 69,365) on 
December 30, 1993 (``December Order''), the Commission directed 35 
carriers with tariffs on file in the European trade areas to show cause 
why their paper tariffs should not be cancelled for failure to register 
and file a tariff in ATFI by the required data (i.e., August 27, 1993). 
This action was taken pursuant to section 8 of the Shipping Act of 1984 
(46 U.S.C. app. 1707), the Commission's regulations implementing ATFI 
at 46 CFR Part 514 and Supplemental Report Nos. 2, 3 and 4 issued in 
Docket No. 90-23, Notice of Inquiry on Ocean Freight Tariffs in Foreign 
and Domestic Offshore Commerce (Automated Tariff Filing and Information 
System).\1\
---------------------------------------------------------------------------

    \1\Supplemental Report No. 2, served August 4, 1992, 
Supplemental Report No. 3 issued on December 17, 1992 (57 FR 59,999) 
and Supplemental Report No. 4 issued on June 3, 1993 (58 FR 31,522) 
advised the public that failure to convert tariffs to ATFI format by 
scheduled filing dates would subject the carrier's tariff to 
possible cancellation through a show cause proceeding.
    Sec. 502(b)(1) of Public Law 102-582 (``Pub. L. 102-582'') 
requires all tariffs and essential terms of service contracts filed 
with the Commission to be in electronic format.
---------------------------------------------------------------------------

    Formal responses were filed on behalf of CarAmerica S.R.L. 
(``CarAmerica''), Hermann Ludwig GMBH & Co. (``Hermann Ludwig''), and 
Compania Trasatlantica Espanola, S.A. (``CTE''). CarAmerica requested 
that the Commission refrain from cancelling its paper tariff until its 
ATFI tariff becomes effective. Hermann Ludwig stated it was not serving 
the United States trade and was reorganizing the company. It requested 
the Commission to refrain from cancelling its paper tariff since it 
intended to register and file a tariff in ATFI under its new name. CTE 
requested that the Commission cancel its tariffs since it no longer 
serves the United States.
    CarAmerica's ATFI Tariff No. 001 was filed and became effective on 
March 12, 1994, so this firm will be dismissed from the proceeding.
    The Commission believes that Hermann Ludwig was given adequate 
notice of the AFTI filing time frames and therefore should not be 
granted any further extension. Moreover, as noted above, it is no 
longer serving the United States trades nor has it evidenced its intent 
to do so by registering to file an ATFI tariff under its new corporate 
name. Accordingly, its tariff will be cancelled.
    CTE has not filed an ATFI tariff and moreover has asked that its 
tariff be cancelled. The Commission will grant CTE's request.
    The Commission did not receive responses from 17 of the 
respondents. None of these respondents have registered in ATFI or filed 
an ATFI tariff. They will have their tariffs or portions of tariffs 
applicable to the European trade cancelled.
    The 15 remaining carriers have filed their tariffs in ATFI or 
cancelled their paper tariffs, and will be dismissed from the 
proceeding, along with CarAmerica.
    Therefore, It is Ordered that the tariffs or portions of tariffs 
currently on file with the Commission with European scope of the 
carriers identified in Appendix A to this Order be cancelled effective 
five days from publication of this Order in the Federal Register.
    It is Further Ordered, That the parties listed in Appendix B to 
this order are dismissed from this proceeding.

    By the Commission.
Joseph C. Polking,
Secretary.

Appendix A

Air-Mar Shipping, Inc.
American Contract Freight Line, Ltd.
Arrow-Service
Cargo America Corp.
Cargo Overseas Limited
CMB Transport NV
Compania Transatlantica Espanola, S.A.
Euro-Gulf International, Inc.
Hermann Ludwig GMBH & Co.
Intersped Systems Inc.
Irano Misr Shipping Co.
Maritime Consolidators Holland (MCH) B.V.
Mineral Shipping (PTE.) Ltd.
Multimodal Shipping, Ltd.
Nordisk Transport and Spedition AB
Rotterdam Waterway
Sagatrans S.A\1\
---------------------------------------------------------------------------

    \1\Sagatrans S.A. is changing the name on its tariffs to Saga 
(USA) Inc. Saga (USA) Inc. has registered for the ATFI system but at 
the time of this Order has not filed a tariff. The paper tariff 
remains in the name Sagatrans S.A.
---------------------------------------------------------------------------

Surinam Navigation Co.
Unsworth International Container Line

Appendix B

Bangladesh Shipping Corporation
Caramerica S.R.L.
Combimar & Agemar S.R.L.
DFDS Chelmer, Inc.
EOL (UK) Ltd.

Harbour-Link International Inc.
Henry Johnson Sons & Co., Ltd.
Lane Shipping Company
Maritima Euroship, S.A.
Maromar Inc.
Nichiro Corp.
Ralex International Corp.
Rokuchu Marine Corporation
Shenk, David W.
Van Ommeren Bulk Shipping BV
Webster Miller Freight Services Ltd.
[FR Doc. 94-11329 Filed 5-10-94; 8:45 am]
BILLING CODE 6730-01-M