[Federal Register Volume 59, Number 198 (Friday, October 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25438]


[[Page Unknown]]

[Federal Register: October 14, 1994]


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FEDERAL MARITIME COMMISSION

[Docket No. 94-20]

 

Cancellation of Tariffs for Failure To Comply With Automated 
Tariff Filing and Information System (``ATFI'') Filing Requirements; 
Order To Show Cause

    Section 8 of the Shipping Act of 1984 (``1984 Act''), 46 U.S.C. 
app. 1707, and section 18(a) of the Shipping Act, 1916, (``1916 Act''), 
46 U.S.C. app. 817, and section 2 of the Intercoastal Shipping Act of 
1933 (``1933 Act''), 46 U.S.C. app. 844, require common carriers in the 
United States foreign commerce and domestic offshore commerce, 
respectively, to file tariffs with the Commission. The 1984 Act also 
directs carriers and conferences that offer service contracts to 
publish the essential terms of those contracts in an ETP. Marine 
terminal operators operating in both the foreign and/or domestic 
offshore commerce of the United States are required by Commission 
regulations to file tariffs with the Commission. (46 CFR part 514)
    Section 17 of the 1984 Act, 46 U.S.C. app. 1716, section 43 of the 
1916, 46 U.S.C. 841a, and section 2 of the 1933 Act empower the 
Commission to prescribe rules and regulations necessary to carry out 
the provisions of the corresponding statutes. Pursuant to this 
authority, the Commission instituted Docket No. 90-23, Automated Tariff 
Filing and Information System (``ATFI''), to establish regulations 
governing the conversion of tariff filing to an electronic system. 
Proposed Rules were issued on September 9, 1991 (56 FR 46,044) and 
Interim Rules were issued on August 12, 1992 (57 FR 36,248) and January 
4, 1993 (58 FR 25). The rules issued in Docket No. 90-23 are codified 
in 46 CFR part 514. This new part modifies and combines all non-
obsolete tariff regulations of 46 CFR parts 515, 550, 580 and 581, and 
establishes regulations to facilitate and implement the conversion of 
tariffs to ATFI.\1\
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    \1\Section 502(b)(1) of Pub. L. No. 102-582 requires all tariffs 
and essential terms of service contracts to be filed electronically 
with the Commission. 106 Stat. 4900, 4910-11.
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    On December 17, 1992, the Commission issued Supplemental Report No. 
3 and Notice (``Supplemental Report No. 3'') (57 FR 59,999) in Docket 
No. 90-23. Supplemental Report No. 3 prescribed the schedule by which 
entities serving specific trades must convert tariff data into ATFI, 
and defined the geographic areas subject to each ATFI filing time frame 
(``window''). It also provided that tariffs which are not filed in ATFI 
by the close of the applicable filing window are subject to 
cancellation by order of the Commission in a show-cause proceeding, 
unless temporarily exempted.
    In January, 1993, the Commission's Bureau of Tariffs, Certification 
and Licensing (``BTCL'') mailed Information Bulletin No. IB 4-93 to 
over 4,000 firms. This Bulletin included the schedule of filing windows 
and a statement regarding cancellation of unconverted tariffs by show-
cause order. Supplemental Report No. 4 in Docket No. 90-23, issued in 
June, 1993, again advised the public of the filing schedule and that 
failure to file in ATFI would subject entities to a proceeding for the 
cancellation of tariffs.
    The Commission has issued three show cause orders cancelling the 
tariffs or portions thereof of carriers that failed to register and 
file in an electronic format by the required date.\2\ The 243 carriers 
listed on the Attachment to this Order represent those carriers and 
conferences that have not filed their ATFI tariffs for the remaining 
filing windows, i.e., European,\3\ African/Mid Eastern, North American/
Caribbean, Central/South American, and the domestic-offshore trades. 
Also included are marine terminal operators and carriers with essential 
terms publications on file with the Commission that have failed to file 
their marine terminal tariffs in the ATFI system, failed to file an 
ATFI essential terms publication or failed to cancel its paper ETP.\4\ 
Also included are approximately 20 carriers whose rate tariffs have 
been cancelled for various reasons but whose ETP's remain on file.
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    \2\Docket No. 93-19--Cancellation of Tariffs for Failure to 
Comply with Automated Tariff Filing and Information System 
(``ATFI'') Filing Requirements. By order issued January 12, 1994 (59 
FR 1737), the paper tariffs or portions thereof of 67 carriers were 
cancelled for failure to register and file; 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 issued May 5, 1994 (59 FR 24430), the 
paper tariffs or portions thereof of 19 carriers were cancelled for 
failure to register and file; and Docket No. 94-04--Cancellation of 
Tariffs for Failure to Comply with Automated Tariff Filing and 
Information System (``ATFI'') Filing Requirements. By order issued 
July 29, 1994 (59 FR 38605), the tariffs or portion thereof of 37 
carriers were cancelled for failure to file.
    \3\The order issued in Docket No. 93-25 included only those 
persons in the European Trade that did not register and file by the 
required date. The Order to Show Cause issued this date includes 
those carriers that have registered in ATFI but have failed to file 
a tariff in electronic format.
    \4\Certain carriers have paper ETP's on file with the Commission 
as well as an effective ATFI filed ETP. These paper ETP's are being 
made the subject of this show cause proceeding except to the extent 
that they continue to have application with respect to essential 
terms and service contracts that were filed prior to ATFI's 
implementation. The Commission is not allowing new essential terms 
and service contracts to be filed in paper format. Accordingly, 
paper ETP's, not having been voluntarily cancelled by the carriers 
on even a limited basis must now be cancelled by the Commission.
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    Now therefore, it is ordered that pursuant to section 11 of the 
1984 Act, 46 U.S.C. 1710, the entities listed in the Attachment to this 
Order are directed to show cause, within 45 days after the publication 
of this Order in the Federal Register, why the Commission should not 
cancel their tariffs for failure to conform to the requirements of 
section 8 of the 1984 Act, 46 CFR part 514, and Supplemental Reports 
Nos. 2, 3, and 4 issued in Docket No. 90-23;
    It is further ordered, that a copy of this Order be sent by 
certified mail to the last known address of the entities listed in the 
Attachment;
    It is further ordered, that this order be published in the Federal 
Register.

    By the Commission.
Ronald D. Murphy,
Assistant Secretary.

Attachment

A/S Dampskibsselskabet Torm
Able Warehousing
Adm/Growmark River System, Inc.
Aegis Logistic System, Inc.
Agrex Incorporated
Air & Sea Inc.
Airport Brokers Corporation
Alaska Cargo Transport, Inc.
Alliance Navigation Line Inc.
Allied Pickfords U.S.A., Inc.
Amazon Lines Limited
America Africa Europe Line GMBH
America Russia Turkey Ocean Navigation Shipping Lines
American Automar, Inc.
American Container Transport, Inc.
American Contract Freight Line, Ltd.
American Transport Line, Ltd.
American Transport Lines, Inc.
Anchor Container Services Company
Aremar C.I.F.S.A.
Arpin International Group
Arrowpac, Inc.
Associated Container Transportation (Australia) Limited
Atlantic Land and Improvement Company, The
Atlantik Express Linie Thien & Heyenga Schiffaharts GMBH & Co.
Australia-Eastern U.S.A. Shipping Conference
Australia-Pacific Coast Rate Agreement
B.C.R. Line
Baltimore Forest Products Terminals
Bangladesh Shipping Corporation
BCSL-U.S. Med Line Limited
Ben Federico Freight Consolidator, Inc.
Bernuth Lines Ltd.
Bim Enterprises, Ltd.
Binkley Company, The
Blue Caribe Line, Ltd.
Blue Star Line Ltd.
Bluefields Marine Ltd.
Boston Docks Services Association
Bulkstar Shipping Corporation
Capital Maritime Terminal
Central America Shippers, Inc.
Central American Container Line
Centroline, Inc.
Char Ching Marine Company, Ltd.
Charles, Willmore A.
Chickasaw Terminal Corporation
Chipman Corporation
City Marine Terminal, Inc.
Coastal Stevedoring Company
Columbus River Transportation Center
Compagnie Maritime Marfret
Companhia De Navegacao Lloyd Brasileiro
Compania Transatlantica Espanola, S.A.
Concorde Line Central American Service
Connecticut Terminal Company, Inc.
Consorcio Naviero Del Occidente, C.A.
Container Express Lines, Inc.
Container Management, Inc.
Container Services of Washington, Inc.
Container Services, Inc.
Continental North Atlantic Westbound Freight Conference
Contract Marine Carriers, Inc.
Convoy Intercontinental Container Transport GMBH & Co. KG
Cool Carriers (SVENSKA) AB
Costa Container Lines
Cottman Company, The
Crescent Western Warehouse Company
CSX/SEA-Land Logistics, Inc.
D.B. Turkish Cargo Lines
Distribution-Warehousing, Inc.
Dole Fresh Fruit Company
Dorick Navigation, S.A.
Empresa Maritima, S.A.--Chile
Empresa Naviera Santa, S.A.
Energy Resources-Imports & Exports, Inc.
Euro-Gulf International, Inc.
Family Islands Shipping Company Ltd.
Fednav (USA) Inc.
Fednav Lakes Services, Inc.
Flagship Container Line, Inc.
Forward Marine, Inc.
Fourchon Int'l Shipping, Inc.
Frata Container Lines Pte. Ltd.
Gateway Service Center, Inc.
Gateways International, Inc.
Gearbulk Container Services
Gearbulk Ltd.
Georgia-Pacific Corporation
Godchaux-Henderson Terminal
Great Lakes Transcaribbean Line Limited
Great Western Unifreight System
Greece Westbound Conference
Guarani Line Limited
Gulf & Mexico Shipping Lines, Inc.
Gulf European Freight Association
Gulf Florida Terminal Company
Gulf Motorships, Inc.
H & A Trading Company, Inc.
Hale Shipping Corporation
Hapag-Lloyd, A.G.
Heide Warehouse Company
Horizons Shipping and Trading Ltd., Inc.
Hugo Stinnes Schiffahrt GMBH
Imex Shipping Group, Inc.
IML Freight, Inc.
Inagua Lines, Inc.
Incotrans BV
The Inter-American Freight Conference--Pacific Coast Area
Inter-Shipping Chartering Co.
Iowa Trader L.P.
Island Shipping and Trading, Ltd.
Jackson Shipping, Inc.
Jacksonville Caribbean Broker Services, Inc.
Jebsen New Zealand Line
Jet Pac Corporation
Johnson Scanstar
Johnson Shipping Agency, Inc.
Kimberly Navigation Company Ltd.
KKL (Kangaroo Line) Pty., Ltd.
Knik Construction Co., Inc.
Land Link, Ltd.
Lauritzen Reefers A/S
Lineas Navieras Bolivianas S.A.M. (LINABOL)
Little Rock Terminal Company
Malaysia Pacific Rate Agreement
Manufacturers Export Service, Inc.
Marcella Shipping Company
Mares Transport
Maritima Aragua, S.A.
MB Canadian Tropic Line
Mediterranean Shipping Company S.A.
MFP St. Elmo and Myrtle Grove Terminal Elevators
Miami International Container Freight Station
Miami Marine Terminal Corporation
Midwest Machinery Movers, Inc.
Mobile River Terminal Company
Naviera Del Pacifico C.A.
Naviera Lavinel C.A.
Naviera Mercante C.A.
Naviera Neptuno, S.A.
Naviera Universal, S.A. (Uniline)
Naviera Venline C.A.
Navieros Interamericanos, S.A.
Nedlloyd Lijnen B.V.
Nexos Line, Inc.
Nichiro Corporation
Nissui Shipping Corporation
North Atlantic Westbound Freight Association
Northern Shipping Company
Ocean Express Lines, Inc.
Ocean Steamship (Nigeria) Ltd.
Ocean Trading & Marine Terminals S.A.
Omega Shipping (CA), Inc.
Osborne Truck Line, Inc.
P.T. Moges Shipping Co. Ltd.
Pacific Commerce Line Inc.
Pacific Europe Express
Pacific Great Lakes Transport
Pacific Ocean Express, Inc.
Pan Caribbean Freight Consolidators, Inc.
Parker Warehouses, Inc.
Parr Terminal Railroad
Pegasus (N.Y.) Inc.
Pier Haulage, Inc.
Pioneer Shipping, Inc.
Port Covington Grain Elevator
Port of Galena Park Corporation
Portuguese American Export Line, Inc.
Prairie Maritime Corporation
Principal Lines, Ltd.
Prudential Lines, Inc.
Rainier Overseas Movers, Inc.
Ranvar Corporation
Reserve Elevator Corporation
Rokuchu Marine Corporation
Ryder/Pie Nationwide Inc.
S.T.S. Inc.
Salem Marine Terminal Corporation
Salt Lake Container Freight Station
Savannah Sound Maritime Company Limited
Scandinavia Baltic U.S. North Atlantic Freight Conference
Sea Terminals Inc.
Sea-Alaska Terminal, Inc.
Sea-Barge, Inc.
Seaboard Caribe Ltd.
Seaport of Chicago
Sentry Household Shipping, Inc.
Sesko Marine Trailers, Inc.
Seth Shipping Corp.
Shawneetown, Illinois, Port of
Societe Ivoirienne De Transport Maritime (SITRAM)
Societe Navale Et Commerciale Delmas-Vieljeux and America-Africa 
Europe Line GMBH, Joint Service
South and East Africa/USA Conference
South River Terminal Company
Southern Freight Tariff Bureau
Southern Oceans Container Line Limited
Southwest Forest Industries
Southwestern Freight Bureau, Agent
St. Joe Stevedoring Company
St. Lucie Terminal Company, Inc.
Staten Island Operating, Inc.
Stockton Elevators
Stolt Terminals (Chicago) Inc.
Strachan Shipping Company
Sunshine Express Line, Inc.
Sunshine Express, Inc.
Superior Assembly & Distribution Center, Inc.
Surinam Navigation Co.
SWF Gulf Coast, Inc.
Sylvan Shipping Company, Inc.
Tampa Bay Shipping Ltd.
Tangi Trans-Port, Inc.
Tecomar, S.A.
Thames Shipping, Ltd.
Thriftcargo Florida, Inc.
Tientsin Marine Shipping Company
Top Freight Systems, Inc.
Traffic Executive Assoc.--Eastern Railroads
Trailer Marine Transport Corporation
Trans Caribbean Terminal Co.
Trans Pacific Freight Conference of Hong Kong
Trans-Atlantic American Flag Liner Operators
Transocean Marine, Inc.
Tri-Seas Marine Terminal, Inc.
U.S. Atlantic/Italy, France & Spain Freight Conference
United States/Colombia Conference
Unico Shipping Company
United Arab Shipping Company (S.A.G.)
United Grain Corporation
Universal Alco Ltd.
Universal Shipping Terminal, Inc.
V.I. Ferries Incorporated
Vencaribe C.A.
Venezuela Transport Line, Incorporated
Victoria Shipping Line, Inc.
Volkswagen of America, Inc.
Westlake Harbor Terminals, Inc.
Westvaco Corporation
Wolfgang Jobmann GMBH
Y II Shipping Company Limited
Zim Isreal Navigation Co., Ltd.

[FR Doc. 94-25438 Filed 10-13-94; 8:45 am]
BILLING CODE 6730-01-M