[Federal Register Volume 63, Number 61 (Tuesday, March 31, 1998)]
[Notices]
[Pages 15419-15420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8353]


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FEDERAL MARITIME COMMISSION

[Docket No. 98-05]


China National Foreign Trade Transportation Corp. dba Sinotrans; 
Order To Show Cause

    This proceeding is instituted pursuant to section 8, 11 and 13 of 
the Shipping Act of 1984 (``1984 Act''), 46 U.S.C. app. sections 1707, 
1710 and 1712, and the Commission's regulations governing the the 
filing of tariffs and service contracts, 46 C.F.R. Part 514.
    China National Foreign Trade Transportation Corp. is a tariffed 
vessel-operating common carrier doing business as SINOTRANS. SINOTRANS 
maintains offices at the Jiuling Building, No. 21 Xi San Huan Beilu, 
Beijing, People's Republic of China. According to records filed in the 
Commission's Automated Tariff Filing and Information System (``ATFI'') 
Liu Fu Lin is President of SINOTRANS.
    As relevant herein, SINOTRANS maintains in ATFI an Essential Terms 
Publication No. 3, FMC No. 000747-003. Pursuant to the Commission's 
regulations governing the filing and publication by ocean common 
carriers of the essential terms of service contracts, SINOTRANS has 
filed with the Commission the terms of service contract No. 96-11 
between SINOTRANS and Sino-Am Marine Co. Inc., a tariffed and bonded 
non-vessel-operating common carrier based in New York City.
    By letter dated November 7, 1997, the Commission's Bureau of 
Enforcement requested, pursuant to 46 C.F.R. 514.7(m), that the 
Commission be furnished with service contract records relating to 
SINOTRANS service contract No. 96-11. Under provisions of 
Sec. 514.7(m)(3), such records must be furnished within thirty (30) 
days from the date of the request.
    By supplemental letter dated February 6, 1998, the Bureau of 
Enforcement advised SINOTRANS' custodian of records, Norton Lilly 
International Inc. (``Norton Lilly''), that the above records had not 
been provided. The Bureau of Enforcement again requested that all 
subject service contract records be furnished by SINOTRANS on or before 
February 20. By fax dated February 12, 1998, the Pricing Manager of 
Norton Lilly advised that all requested records would be provided by 
February 20. According to the Bureau of Enforcement, no responsive 
records have been furnished by SINOTRANS to date.
    The Commission's regulations governing tariffs and service 
contracts, 46 C.F.R. Part 514, provide unambiguously that every common 
carrier shall submit requested service contract records within thirty 
(30) days from the date of the request. 46 C.F.R. 514.7(m)(3). In turn, 
section 13(a) of the 1984 Act, 46 U.S.C. app. section 1712(a), provides 
that whoever violates a provision of the 1984 Act, a regulation issued 
thereunder, or an order of the Commission is liable to the United 
States for a civil penalty. Each day of a continuing violation 
constitutes a separate offense.
    Now therefore, it is ordered That, pursuant to section 11 of the 
Shipping Act of 1984, China National Foreign Trade Transportation 
Corp., doing business as SINOTRANS, show cause why it should not be 
found to have violated the Commission's regulations at 46 CFR 
514.7(m)(3), by failing to furnish requested service contract records 
with respect to service contract No. 96-11 within thirty (30) days of a 
written request therefor;
    It is further ordered That, China National Foreign Trade 
Transportation Corp., doing business as SINOTRANS, show cause why civil 
penalties should be not be assessed for each day in which SINOTRANS has 
failed to comply with the requirements of 46 CFR 514.7(m)(3), such 
penalties to being accruing on and after February 21, 1998;
    It is further ordered That this proceeding is limited to the 
submission of facts and memoranda of law;
    It is further ordered That any person having an interest and 
desiring to intervene in this proceeding shall file a petition for 
leave to intervene in accordance with Rule 72 of the Commission's Rules 
of Practice and

[[Page 15420]]

Procedure, 46 CFR 502.72. Such petition shall be accompanied by the 
petitioner's memorandum of law and affidavits of fact, if any, and 
shall be filed no later than the day fixed below;
    It is further ordered That China National Foreign Trade 
Transportation Corp., doing business as SINOTRANS, is named a 
Respondent in this proceeding. Affidavits of fact and memoranda of law 
shall be filed by Respondent and any intervenors in support of 
Respondent no later than April 27, 1998;
    It is further ordered That the Commission's Bureau of Enforcement 
be made a party to this proceeding;
    It is further ordered That reply affidavits and memoranda of law 
shall be filed by the Bureau of Enforcement and any intervenors in 
opposition to Respondent no later than May 12, 1998;
    It is further ordered That rebuttal memoranda of law shall be filed 
by Respondent and any intervenors in support of Respondent no later 
than May 27, 1998;
    It is further ordered That:
    (a) Should any party believe that an evidentiary hearing is 
required, that party must submit a request for such hearing together 
with a statement setting forth in detail the facts to be proved, the 
relevance of those facts to the issues in this proceeding, a 
description of the evidence which would be adduced, and why such 
evidence cannot be submitted by affidavit;
    (b) Should any party believe that an oral argument is required, 
that party must submit a request specifying the reasons therefor and 
why argument by memorandum is inadequate to present the party's case; 
and
    (c) Any request for evidentiary hearing or oral argument shall be 
filed no later than May 27, 1998;
    It is further ordered That notice of this Order to Show Cause be 
published in the Federal Register, and that a copy thereof be served 
upon Respondent;
    It is further ordered That all documents submitted by any party of 
record in this proceeding shall be filed in accordance with Rule 118 of 
the Commission's Rules of Practice and Procedure, 46 CFR 502.118, as 
well as being mailed directly to all parties of record;
    Finally, it is ordered That pursuant to the terms of Rule 61 of the 
Commission's Rules of Practice and Procedure, 46 CFR 502.61, the final 
decision of the Commission in this proceeding shall be issued by 
November 30, 1998.

    By the Commission.
Joseph C. Polking,
Secretary.
[FR Doc. 98-8353 Filed 3-30-98; 8:45 am]
BILLING CODE 6730-01-M