[Federal Register Volume 61, Number 30 (Tuesday, February 13, 1996)]
[Notices]
[Pages 5559-5560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3075]
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FEDERAL MARITIME COMMISSION
[Docket No. 96-03]
F&D Loadline Corporation Possible Violations of Section 10(b)(1)
of the Shipping Act of 1984; Order of Investigation
F&D Loadline Corp. (``F&D''), a non-vessel-operating common carrier
(``NVOCC''), has a tariff on file \1\ at the Federal Maritime
Commission (``Commission'') which provides for ocean transportation
services between the United States, including the U.S. Virgin Islands
and Puerto Rico, and Asia, including Bangladesh, China, Hong Kong,
Indonesia, Japan, Korea, Malaysia, Philippines, Singapore, Taiwan, and
Thailand. F&D's principal place of business is located at 2f, 145, Fu
Sheng N. Road, Taipei, Taiwan. Its resident agent in the United States
is Washington International Insurance Company (``Washington
Insurance''), located at 1930 Thoreau Drive, Suite 1101, Schaumberg, IL
60173. Washington Insurance also issued to
[[Page 5560]]
F&D a $50,000 NVOCC surety bond, No. 8941199, effective June 12, 1994.
\1\ On January 18, 1996, the Commission's Bureau of Tariffs,
Certification and Licensing received notice that F&D's NVOCC bond
will be canceled, effective March 17, 1996. In accordance with
section 583.6(a) of the Commission's rules and regulations, 46
C.F.R. 583.6(a), F&D's tariff also will be canceled, effective March
17, 1996.
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According to information developed by the Commission's Bureau of
Enforcement, F&D appears to have transported at least 32 shipments from
Taiwan to the United States between June 30, 1994 and March 1, 1995 at
rates other than those set forth in its tariff on file with the
Commission.
The Shipping Act of 1984 (``1984 Act''), provides that pursuant to
section 10(b)(1), 46 U.S.C. app. 1709(b)(1), a common carrier is
prohibited from charging, demanding, collecting, or receiving greater,
less, or different compensation for transportation of property than the
rates shown in its tariffs or service contracts. Section 11 of the 1984
Act, 46 U.S.C. app. 1710, sets forth the Commission's authority to
investigate violations of the 1984 Act. In the event violations are
found, section 13 of the 1984 Act, 46 U.S.C. app. 1712, provides that
the Commission may assess civil penalties and suspend tariffs as
remedies for violations of section 10(b)(1). Section 14(a) of the 1984
Act, 46 U.S.C. app. 1713(a), empowers the Commission to issue orders
relating to violations of the 1984 Act.
Now therefore it is ordered, That pursuant to sections 10(b)(1),
11, 13 and 14(a), of the 1984 Act, an investigation is hereby
instituted to determine:
1. Whether F&D violated section 10(b)(1) of the 1984 Act by
transporting shipments at rates lower than those filed in its tariff;
2. Whether, in the event F&D is found to have violated section
10(b)(1) of the 1984 Act, civil penalties should be assessed against
F&D and, if so, the amount of such penalties;
3. Whether, in the event F&D is found to have violated section
10(b)(1) of the 1984 Act, a cease and desist order should be issued;
and
4. Whether, in the event F&D is found to have violated section
10(b)(1) of the 1984 Act, its tariff should be suspended pursuant to
section 13 of the 1984 Act.
It is further ordered, That a public hearing be held in this
proceeding and that this matter be assigned for hearing before an
Administrative Law Judge of the Commission's Office of Administrative
Law Judges at a date and place to be hereafter determined by the
Administrative Law Judge in compliance with Rule 61 of the Commission's
Rules of Practice and Procedure, 46 C.F.R. 502.61. The hearing shall
include oral testimony and cross-examination at the discretion of the
Presiding Officer only after consideration has been given by the
parties and the Predsiding Officer to the use of alternative forms of
dispute resolution, and upon proper showing that there are genuine
issues of material fact that cannot be resolved on the basis of sworn
statements, affidavits, depositions, or other documents or that the
nature of the matter in issue is such that an oral hearing and cross-
examination are necessary for the development of an adequate record.
It is further ordered, That F&D Loadline Corporation is named
Respondent in this proceeding;
It is further ordered, That the Commission's Bureau of Enforcement
is designated a party to this proceeding;
It is further ordered, That notice of this Order be published in
the Federal Register, and a copy be served on parties of record;
It is further ordered, That other persons having an interest in
participating in this proceeding may file petitions for leave to
intervene in accordance with Rule 72 of the Commission's Rules of
Practice and Procedure, 46 C.F.R. 502.72;
It is further ordered, That all further notices, orders, and/or
decisions issued by or on behalf of the Commission in this proceeding,
including notice of the time and place of hearing or prehearing
conference, shall be served on parties of record;
It is further ordered, That all documents submitted by any party of
record in this proceeding shall be directed to the Secretary, Federal
Maritime Commission, Washington, DC. 20573, and comply with Subpart H
of the Commission's Rules of Practice and Procedure, 46 C.F.R. 502.111-
119, and shall be served on parties of record; and
It is further ordered, That in accordance with Rule 61 of the
Commission's Rules of Practice and Procedure, 46 C.F.R. 502.61, the
initial decision of the Administrative Law Judge shall be issued by
February 7, 1997, and the final decision of the Commission shall be
issued by June 9, 1997.
By the Commission.
Joseph C. Polking,
Secretary.
[FR Doc. 96-3075 Filed 2-12-96; 8:45 am]
BILLING CODE 6730-01-M
