[Federal Register: May 17, 2002 (Volume 67, Number 96)]
[Notices]
[Page 35112-35113]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17my02-58]
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FEDERAL MARITIME COMMISSION
[Petition No. P1-02]
Petition of the National Customs Brokers and Forwarders
Association of America, Inc. and the International Association of
NVOCCS, Inc. for an Investigation of the Contracting Practices of the
Transpacific Stabilization Agreement; Notice of Filing and Request for
Comments
Notice is hereby given that the National Customs Brokers and
Forwarders Association of America, Inc. and the International
Association of NVOCCs, Inc. (collectively, ``Petitioners'') have
petitioned the Commission for an investigation under section 11(c) of
the Shipping Act of 1984 (``Shipping Act'') of certain activities by
the members of the Transpacific Stabilization Agreement (``TSA'').
In particular, Petitioners request that the Commission determine
whether TSA's members have violated the Shipping Act through
discriminatory service contracting practices with regard to traffic
moving in the eastbound transpacific trades that intentionally
discriminate against Ocean Transportation Intermediaries (``OTIs'') in
violation of sections 10(c)(7) and 10(c)(8) of the Shipping Act.
In support of this contention, Petitioners claim that TSA's members
have refused to negotiate with OTIs or shippers' associations
representing OTIs until such time as they completed negotiations and
signed contracts with proprietary shippers. Petitioners also claim that
TSA's members have agreed to charge OTIs substantially higher rates
than are being assessed against proprietary shippers for exactly the
same services, regardless of volume or other lawful transportation
factors. Petitioners state that this is being done through a General
Rate Increase (``GRI'') and Peak Season Surcharge (``PSS'') that are
mandatory for OTI service contracts, but waived for contracts with
beneficial cargo owners.
Petitioners further assert that TSA members' refusal to negotiate
or enter into service contracts with OTIs at the same time as
proprietary shippers constitutes an unreasonable refusal to deal in
violation of section 10(c)(1) of the Shipping Act. Petitioners also
request that the Commission determine whether these practices are
causing unreasonable increases in transportation cost for OTIs, their
customers and the shipping public within the meaning of section 6(g) of
the Shipping Act.
Petitioners also contend that TSA and its members appear to be
abusing the ``voluntary guidelines'' authorized by section 5(c) of the
Shipping Act by failing to file their true agreements with the
Commission, and are thus operating under an unfiled agreement in
violation of section 10(a)(3) of the Shipping Act.
If the Commission's investigation concludes that Shipping Act
violations have occurred, Petitioners urge the Commission to: (1) Issue
sanctions against TSA and its members pursuant to section 13 of the
Shipping Act for violations found; (2) require TSA member lines to pay
reparations pursuant to section 11(g) of the Shipping Act to those OTIs
who have been damaged; and (3) seek appropriate injunctive relief to
enjoin further operation of TSA pursuant to sections 6(g) and (h) of
the Shipping Act.
The Petition was filed under Rule 69 of the Commission's Rules of
Practice and Procedure, 46 CFR 502.69, and states that it was served
upon counsel for TSA. Replies to the petition, as provided by Rule 69
and Rule 74, 46 CFR 502.74, are due May 28, 2002. In order for the
Commission to make a thorough evaluation of the petition, the
Commission is also inviting interested persons to submit their comments
on the petition no later than May 28, 2002. Comments shall consist of
an original and 15 copies, or, if e-mailed, as an attachment in
WordPerfect 8, Microsoft Word 97, or earlier versions of these
applications; be directed to the Secretary, Federal Maritime
[[Page 35113]]
Commission, 800 North Capitol Street, NW, Washington, DC 20573-0001 (e-
mail to: Secretary@fmc.gov); and be served on Petitioners' counsel:
David P. Street and Edward D. Greenberg, Galland, Kharasch, Greenberg,
Fellman & Swirsky, P.C., 1054 Thirty-First Street, NW, Washington, DC
20007-4492; and on counsel for TSA, Stanley Sher, Sher & Blackwell,
1850 M Street, NW, Suite 900, Washington, DC 20036.
Copies of the petition are available at the Office of the Secretary
of the Commission, 800 N. Capitol Street, NW., Room 1046, by telephone
request at 202-523-5725 or through email request directed to
Secretary@fmc.gov.
Parties participating in this proceeding may elect to receive
service of the Commission's issuances in this proceeding through e-mail
in lieu of service by U.S. mail. A party opting for electronic service
shall advise the Office of the Secretary in writing and provide an e-
mail address where service can be made.
Bryant L. VanBrakle,
Secretary.
[FR Doc. 02-12440 Filed 5-16-02; 8:45 am]
BILLING CODE 6730-01-P