95-3444. Cancellation of Tariffs for Failure To Comply With Automated Tariff Filing and Information System (``ATFI'') Filing Requirements  

  • [Federal Register Volume 60, Number 29 (Monday, February 13, 1995)]
    [Notices]
    [Pages 8233-8235]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-3444]
    
    
    
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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
    
        By Order published in the Federal Register (59 F.R. 52165) on 
    October 14, 1994, (``October Order''), the Commission directed 243 
    carriers, conferences and marine terminal operators to show cause why 
    the Commission should not cancel their tariffs or essential terms 
    publications on file in paper format. The parties named as respondents 
    to his proceeding had failed to cancel their essential terms 
    publication and/or failed to convert their tariffs to ATFI format. This 
    action was taken pursuant to section 8 of the Shipping Act of 1984, 46 
    U.S.C. app Sec. 1707, the Commission's regulations implementing ATFI at 
    46 C.F.R. Part 514, and Supplemental Reports Nos. 2, 3 and 4\1\ issued 
    in Docket No. 90-23, Notice of Inquiry on Ocean Freight Tariffs in 
    Foreign and Domestic Offshore Commerce (Automated Tariff Filing and 
    Information System).
    
        \1\Supplemental Report No. 2, served August 4, 1992; 
    Supplemental Report No. 3 (57 Fed. Reg. 59,999) and Supplemental 
    Report No. 4 (58 Fed. Reg. 31,522) advised carriers that failure to 
    convert tariffs to ATFI format by the scheduled filing dates would 
    subject them to show cause proceedings.
        Moreover, section 502(b)(1) of Public Law 102-582 (``P.L. 102-
    582'') requires all tariffs and essential terms of service contracts 
    filed with the Commission to be in electronic format.
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        Written responses were received from or on behalf of 45 parties. 
    The responses of 24 carriers, conferences or marine terminal operators 
    requested that the tariffs or essential terms publications subject to 
    the October Order be cancelled or stated that cancellations had been 
    issued.\2\ The responses of 13 [[Page 8234]] carriers and marine 
    terminal operators stated that ATFI tariffs had been filed prior to the 
    issuance of the October Order.\3\ Commission records conform that ATFI 
    tariffs are now on file for these parties. Nine other carriers and 
    marine terminal operators filed ATFI tariffs subsequent to the issuance 
    of the October Order.\4\ Five respondents cancelled their tariffs 
    without otherwise submitting written responses in this proceeding.\5\ 
    One carrier's tariff was cancelled for failure to maintain active 
    evidence of non-vessel-operating common carrier financial 
    responsibility.\6\ These carriers, conferences and marine terminal 
    operators will be dismissed from this proceeding.
    
        \2\These are: ADM/Growmark River System, Inc.; American Africa 
    Europe Line GmBH; Australia-Eastern U.S.A. Shipping Conference; 
    Baltimore Forest Products Terminals, Concorde Line Central American 
    Service; Continental North Atlantic Westbound Freight Conference; 
    Cool Carriers (Svenska) AB; D.B. Turkish Cargo Lines; Dole fresh 
    Fruit Company which has been renamed Dole Ocean Liner Express; 
    Gateways International, Inc.; Hapag-Lloyd, A.G.; Lauritzen Reefers 
    A./S; Mares Transport; Navieros Interamericanos, S.A.; Mobile River 
    Terminal Company; Nissui Shipping Corporation; North Atlantic 
    Westbound Freight Association; Pacific Ocean Express, Inc; 
    Scandinavia Baltic U.S. North Atlantic Freight Conference; South and 
    East Africa/USA Conference; Southern Freight Tariff Bureau; Traffic 
    Executive Assoc.--Eastern Railroad; United Arab Shipping Company 
    (S.A.G.); and Wolfgang Jobmann GmBH.
        \3\These are: Air & Sea Inc.; Ben Federico Freight Consolidator, 
    Inc.; Container Management, Inc.; Dorick Navigation, S.A.; Inter-
    Shipping Chartering Co.; Island Shipping and Trading Ltd.; Jackson 
    Shipping, Inc.; Portuguese American Export Line, Inc.; Sea-Barge 
    Inc.; Sunshine Express Line Inc.; Top Freight Systems, Inc,.; 
    Universal Alco Ltd.; and Y II Shipping Company Limited.
        \4\These are: Alaska Cargo Transport, Inc.; Centroline, Inc.; 
    Imex Shipping Group, Inc.; Jacksonville Caribbean Broker Services, 
    Inc.; Omega Shipping (CA), Inc.; Savannah Sound Maritime Company 
    Limited; Sesko Marine Trailers, Inc.; Tientsin Marine Shipping 
    Company and Westvaco Corporation.
        \5\These are: Midwest Machinery Movers, Inc.; Trans-Atlantic 
    American Flag Liner Operators; Seth Shipping Corp.; Southern Oceans 
    Container Line Limited; and Compagnie Maritime Marfret.
        \6\This is: Frata Container Lines Pte. Ltd.
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        Other responses to the October Order merely provided further 
    information but did not cancel their paper-format tariffs or essential 
    terms. Distribution Publications, Inc. responded on behalf of Parr 
    Terminal Railroad and stated that this firm is not a marine terminal 
    operator subject to the Commission's tariff filing requirements and 
    that the tariff had been filed for informational purposes only.
        South Europe American Conference Responded on behalf of the Greece 
    Westbound Conference stating that it believed the October Order 
    referred to the Greece/USA Rate Agreement which had been disbanded. 
    This does not appear to be correct. The Commission has on file an 
    essential terms publication published on behalf of Agreement No. 202-
    009238, the assigned agreement number for the Greece Westbound 
    Conference.
        Transportaton Services, Inc. named four carriers that it previously 
    represented and stated that it believed that these firms are out of 
    business.\7\ The name carriers did not otherwise respond to the October 
    order.
    
        \7\These are: Empresa Naviera Santa, S.A.; Guarani Line Limited; 
    Principal Lines, Ltd. and Vencaribe, C.A.
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        One response was received from a person maintaining the post office 
    box of one of the respondents, Osborne Truck Line, Inc. and stated that 
    the respondent is no longer at that address and could not be located. 
    Another response was received from a firm stating that it had 
    unsuccessfully attempted to forward the October Order to Container 
    Express Lines Inc., but was unable to locate its current address.
        None of the carriers, conferences and marine terminal operators 
    referred to above have shown good cause why their paper-format tariffs 
    or essential terms publications should not be cancelled. Accordingly 
    the tariffs published by these carriers will be cancelled.
        The 191 carriers, conferences and marine terminals listed in 
    Appendix A that did not respond to the October Order and that did not 
    comply with ATFI tariff filing requirements also will have their paper 
    tariffs or essential terms publications cancelled.
        The 52 carriers, conferences and maine terminal operators listed in 
    Appendix B that have complied with the filing requirements or that have 
    cancelled their tariffs will be dismissed from this proceeding.
        Therefore, it is ordered that the paper tariffs or essential terms 
    publications for the carriers, conferences or marine terminal operators 
    identified in Appendix A to this Order are cancelled effective five 
    days from publication of this Order in the Federal Register.
        It is further ordered, that the parties listed in Appendix B to 
    this Order are dismissed from this proceeding.
    
        By the Commission.
    Joseph C. Polking,
    Secretary.
    
    Appendix A
    
    A/S Dampskibsselskabet Torm
    Able Warehousing
    Aegis Logistic System, Inc.
    Agrex Incorporated
    Airport Brokers Corporation
    Alliance Navigation Line Inc.
    Allied Pickfords U.S.A., Inc.
    Amazon Lines Limited
    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-Pacific Coast Rate Agreement
    B.C.R. Line
    Bangladesh Shipping Corporation
    CBSL-U.S. Med Line Limited
    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
    Char Ching Marine Company, Ltd.
    Charles, Willmore A.
    Chicksaw Terminal Corporation
    Chipman Corporation
    City Marine Terminal, Inc.
    Coastal Stevedoring Company
    Columbus River Transportation Center
    Companhia De Navegacao Lloyd Brasileiro
    Compania Trasatlantica Espanola, S.A.
    Connecticut Terminal Company, Inc.
    Consorcio Naviero Del Occidente, C.A.
    Container Express Lines Inc.
    Container Services of Washington, Inc.
    Container Services, Inc.
    Contract Marine Carriers, Inc.
    Convoy Intercontinental Container Transport GmbH & Co., KG
    Costa Container Lines
    Cottman Company, the
    Crescent Western Warehouse Company
    CSX/Sea-Land Logistics, Inc.
    Distribution-Warehousing, Inc.
    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.
    Gateway Service Center, 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
    Heide Warehouse Company
    Horizons Shipping and Trading Ltd. Inc.
    Hugo Stinnes Schiffahrt GmbH
    IML Freight, Inc. [[Page 8235]] 
    Inagua Lines Inc.
    Incotrans BV
    The Inter-American Freight Conference--Pacific Coast Area
    Iowa Trader L.P.
    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.
    Lineas Navieras Bolivianas S.A.M. (LINABOL)
    Little Rock Terminal Company
    Malaysia Pacific Rate Agreement
    Manufacturers Export Service, Inc.
    Marcella Shipping Company
    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
    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.
    Nedlloyd Lijnen B.V.
    Nexos Line, Inc.
    Nichiro Corporation
    Northern Shipping Company
    Ocean Express Lines, Inc.
    Ocean Steamship (Nigeria) Ltd.
    Ocean Trading & Marine Terminals S.A.
    Osborne Truck Line, Inc.
    P.T. Moges Shipping Co. Ltd.
    Pacific Commerce Lines Inc.
    Pacific Europe Express
    Pacific Great Lakes Transport
    Pan Caribbean Freight Consolidators, Inc.
    Parker Warehouse, Inc.
    Parr Terminal Railroad
    Pegasus (N.Y.) Inc.
    Pier Haulage, Inc.
    Pioneer Shipping, Inc.
    Port Covington Grain Elevator
    Port of Galena Park Corporation
    Prairie Maritime Corporation
    Principal Lines, Ltd.
    Prudential Lines, Inc.
    Rainier Overseas Movers, Inc.
    Ranvar Corporation
    Reserve Elevator Corporation
    Rokuchu Marine Corporation
    Ryder/PE Nationwide Inc.
    S.T.S. Inc.
    Salem Marine Terminal Corporation
    Salt Lake Container Freight Station
    Sea Terminal Inc.
    Sea-Alaska Terminal, Inc.
    Seaboard Caribe Ltd.
    Seaport of Chicago
    Sentry Household Shipping, Inc.
    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 River Terminal Company
    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.
    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.
    Trailer Marine Transport Corporation
    Trans Caribbean Terminal, Co.
    Trans Pacific Freight Conference of Hong Kong
    Transocean Marine, Inc.
    Tri-Seas Marine Terminal, Inc.
    U.S. Atlantic/Italy, France & Spain Freight Conference
    United States/Colombia Conference
    Unico Shipping Company
    United Grain Corporation
    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.
    Zim Isreal Navigation Co., Ltd.
    
    Appendix B
    
    ADM/Growmark River System, Inc.
    Air & Sea Inc.
    Alaska Cargo Transport, Inc.
    America Africa Europe Line GmbH
    Australia-Eastern U.S.A. Shipping Conference
    Baltimore Forest Products Terminals
    Ben Federico Freight Consolidator, Inc.
    Gentroline, Inc.
    Compagnie Maritime Marfret
    Concorde Line Central American Service
    Container Management, Inc.
    Continental North Atlantic Westbound Freight Conference
    Cool Carriers (Svenska) AB
    D.B. Turkish Cargo Lines
    Dole Fresh Fruit Company
    Dorick Navigation, S.A.
    Frata Container Liner PTE. LTD.
    Gateways International, Inc.
    Hapag-Lloyd, A.G.
    Imex Shipping Group, Inc.
    Inter-Shipping Chartering Co.
    Island Shipping and Trading, Inc.
    Jackson Shipping, Inc.
    Jacksonville Caribbean Broker Services, Inc.
    Lauritzen Reefers A/S
    Mares Transport
    Midwest Machinery Movers, Inc.
    Mobile River Terminal Company
    Navieros Interamericanos, S.A.
    Nissui Shipping Corporation
    North Atlantic Westbound Freight Association
    Omega Shipping (CA), Inc.
    Pacific Ocean Express, Inc.
    Portuguese American Export Line, Inc.
    Savannah Sound Maritime Company Limited
    Scandinavia Baltic U.S. North Atlantic Freight Conference
    Sea-Barge, Inc.
    Sesko Marine Trailers, Inc.
    Seth Shipping Corp.
    South and East Africa/USA Conference
    Southern Freight Tariff Bureau
    Southern Oceans Container Line Limited
    Sunshine Express, Inc.
    Tientsin Marine Shipping Company
    Top Freight Systems, Inc.
    Traffic Executive Assoc.--Eastern Railroads
    Trans-Atlantic American Flag Liner Operators
    United ARAB Shipping Company (S.A.G.)
    Universal ALCO LTD.
    Westvaco Corporation
    Wolfgang Jobmann GmbH
    Y II Shipping Company Limited
    
    [FR Doc. 95-3444 Filed 2-10-95; 8:45 am]
    BILLING CODE 6730-01-M
    
    

Document Information

Published:
02/13/1995
Department:
Federal Maritime Commission
Entry Type:
Notice
Document Number:
95-3444
Pages:
8233-8235 (3 pages)
Docket Numbers:
Docket No 94-20
PDF File:
95-3444.pdf