[Federal Register Volume 59, Number 113 (Tuesday, June 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14459]


[[Page Unknown]]

[Federal Register: June 14, 1994]


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FEDERAL MARITIME COMMISSION

[Docket No. 94-11]

 

Trans Ocean-Pacific Forwarding, Inc., Possible Violations of 
Section 10(b)(1) of the Shipping Act of 1984; Order of Investigation

    Trans Ocean-Pacific Forwarding, Inc. (``TOP'') is a non-vessel-
operating common carrier (``NVOCC'') which has a tariff on file at the 
Federal Maritime Commission (``Commission''). TOP transports property 
between United States Atlantic and Pacific Coast ports and ports in the 
Far East, Southeast and Southwest Asia, Europe, the Mediterranean, 
Australia, New Zealand and Oceania.
    Section 10(b)(1) of the Shipping Act of 1984 (``1984 Act''), 46 
U.S.C. app. 1709(b)(1), prohibits a common carrier from charging, 
demanding, collecting or receiving greater, less or different 
compensation for transportation of property than the rates shown in its 
tariffs or service contracts. TOP appears to have violated section 
10(b)(1) of the 1984 Act by transporting shipments subsequent to 
September 30, 1990 at rates less than the applicable rates filed in its 
tariff.
    Now therefore it is ordered, That pursuant to sections 10, 11, and 
13 of the 1984 Act, 46 U.S.C. app. 1709, 1710 and 1712, an 
investigation is hereby instituted to determine:
    1. Whether TOP violated section 10(b)(1) of the 1984 Act by 
transporting shipments in connection with which it charged rates less 
than those filed in its tariff; and
    2. Whether, in the event TOP violated section 10(b)(1) of the 1984 
Act, civil penalties should be assessed against TOP and, if so, the 
amount of such penalties; whether a cease and desist order should be 
issued; or whether TOP's tariff should be suspended;
    It is further ordered, That a public hearing will be held in this 
proceeding and that this matter be assigned for hearing before an 
Administrative Law Judge (``ALJ'') of the Commission's Office of 
Administrative Law Judges at a date and place to be hereafter 
determined by the ALJ in compliance with Rule 61 of the Commission's 
Rules of Practice and Procedure, 46 CFR 502.61. The hearing shall 
include oral testimony and cross-examination in the discretion of the 
ALJ only after consideration has been given by the parties and the ALJ 
to the use of alternative forms of dispute resolution, and upon proper 
showing that there are genuine issues of material fact that cannot be 
resolved on the basis of sworn statements, affidavits, depositions, or 
other documents, or that the nature of the matter in issue is such that 
an oral hearing and cross-examination are necessary for the development 
of an adequate record;
    It is further ordered, That Trans Ocean-Pacific Forwarding, Inc. be 
named a Respondent in this proceeding;
    It is further ordered, That the Commission's Bureau of Hearing 
Counsel is designated a party to this proceeding;
    It is further ordered, That notice of this Order be published in 
the Federal Register, and a copy be served on parties of record;
    It is further ordered, That other persons having an interest in 
participating in this proceeding may file petitions for leave to 
intervene in accordance with Rule 72 of the Commission's Rules of 
Practice and Procedure, 46 CFR 502.72;
    It is further ordered, That all further notices, orders, and/or 
decisions issued by or on behalf of the Commission in this proceeding, 
including notice of the time and place of hearing or prehearing 
conference, shall be served on parties of record;
    It is further ordered, That all documents submitted by any party of 
record in this proceeding shall be directed to the Secretary, Federal 
Maritime Commission, Washington, DC 20573, shall comply with Subpart H 
of the Commission's Rules of Practice and Procedure, 46 CFR 502.111-
119, and shall be served on parties of record; and
    It is further ordered, That in accordance with Rule 61 of the 
Commission's Rules of Practice and Procedure, 46 CFR 502.61, the 
initial decision of the ALJ shall be issued by June 9, 1995, and the 
final decision of the Commission shall be issued by October 9, 1995.

    By the Commission.
Joseph C. Polking,
Secretary.
[FR Doc. 94-14459 Filed 6-13-94; 8:45 am]
BILLING CODE 6730-01-M