[Federal Register Volume 65, Number 188 (Wednesday, September 27, 2000)]
[Notices]
[Pages 58086-58087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24808]


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FEDERAL MARITIME COMMISSION


Controlled Carriers Under the Shipping Act of 1984

AGENCY: Federal Maritime Commission.

ACTION: Notice.

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SUMMARY: The Federal Maritime Commission is publishing an updated list 
of controlled carriers, i.e., ocean common carriers operating in U.S.-
foreign trades that are owned or controlled by foreign governments. 
Such carriers are subject to special regulatory oversight by the 
Commission under the Shipping Act of 1984.

FOR FURTHER INFORMATION CONTACT:  Thomas Panebianco, General Counsel, 
Federal Maritime Commission, 800 North Capitol Street, N.W., 
Washington, D.C. 20573, (202) 523-5740.

SUPPLEMENTARY INFORMATION: The Federal Maritime Commission is 
publishing an updated list of controlled carriers. Section 3(8) of the 
Shipping Act of 1984, 46 U.S.C. app. 1702(3), defines a ``controlled 
carrier'' as:

an ocean common carrier that is, or whose operating assets are, 
directly or indirectly, owned or controlled by a government; 
ownership or control by a government shall be deemed to exist with 
respect to any carrier if--
    (A) a majority portion of the interest in the carrier is owned 
or controlled in any manner by that government, by any agency 
thereof, or by any public or private person controlled by that 
government; or
    (B) that government has the right to appoint or disapprove the 
appointment of a majority of the directors, the chief operating 
officer, or the chief executive officer of the carrier.

    Under the Shipping Act, controlled carriers are subject to special 
oversight by the Commission. Section 9(a) of the Act, 46 U.S.C. app. 
1708(a), states, in part:

    No controlled carrier subject to this section may maintain rates 
or charges in its tariffs or service contracts, or charge or assess 
rates, that are below a level that is just and reasonable, nor may 
any such carrier establish, maintain, or enforce unjust or 
unreasonable classifications, rules, or regulations in those tariffs 
or service contracts. An unjust or unreasonable classification, 
rule, or regulation means one that results or is likely to result in 
the carriage or handling of cargo at rates or charges that are below 
a just and reasonable level. The Commission may, at any time after 
notice and hearing, prohibit the publication or use of any rates, 
charges, classifications, rules, or regulations that the controlled 
carrier has failed to demonstrate to be just and reasonable.

    Congress enacted these protections to ensure that controlled 
carriers, whose marketplace decisionmaking can be influenced by foreign 
governmental priorities or by their access to non-market sources of 
capital, do not engage in unreasonable below-market pricing practices 
which could disrupt trade or harm privately-owned shipping companies.
    The controlled carrier list is not a comprehensive list of foreign-
owned  or -controlled ships or shipowners; rather, it is only a list of 
ocean common carriers (as defined in section 3(16) of the Shipping Act) 
that are owned or controlled by governments. Thus, tramp operators and 
other non-common carriers are not included, regardless of their 
ownership status.
    A number of carriers have been deleted from the list since its last 
republication in August 1994 (59 FR 44988), because they have ceased 
operating as an ocean common carrier in the U.S. trades or have gone 
out of existence altogether. In addition, some of the deleted carriers 
have been privatized and are no longer government-owned or -controlled. 
Recent additions to the list are China Shipping Container Lines Co. 
Ltd. and China National Foreign Trade Transportation (Group) Corp. 
(SINOTRANS).
    Any new controlled carriers in U.S. trades are required to notify 
the Commission of their status in accordance with 46 CFR 565.4. It is 
requested that any other information regarding possible omissions or 
inaccuracies in this list be provided to the Commission's Office of the 
General Counsel. The amended list is set forth below:

(1) Black Sea Shipping Company--Ukraine
(2) Ceylon Shipping Corporation--Sri Lanka
(3) China National Foreign Trade Transportation (Group) Corp. 
(SINOTRANS)--People's Republic of China
(4) China Ocean Shipping Company--People's Republic of China
(5) China Shipping Container Lines Co. Ltd.--People's Republic of China
(6) Compagnie Nationale Algerienne de Navigation--Algeria
(7) Egyptian National Line--Egypt
(8) International Transport Enterprise Co. (GETDD) Ltd.--People's 
Republic of China
(9) Pakistan National Shipping Corporation--Pakistan

[[Page 58087]]

(10) POL-America, Inc.--Poland
(11) Polish Ocean Lines--Poland
(12) Shipping Corporation of India--India
(13) Tientsin Marine Shipping Company--People's Republic of China.

Theodore A. Zook,
Assistant Secretary.
[FR Doc. 00-24808 Filed 9-26-00; 8:45 am]
BILLING CODE 6730-01-P