94-6613. Section 6(g) of the Shipping Act of 1984; Anticompetitive Agreements  

  • [Federal Register Volume 59, Number 55 (Tuesday, March 22, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-6613]
    
    
    [[Page Unknown]]
    
    [Federal Register: March 22, 1994]
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    FEDERAL MARITIME COMMISSION
    
    46 CFR Parts 571 and 572
    
    [Docket No. 93-23]
    
     
    
    Section 6(g) of the Shipping Act of 1984; Anticompetitive 
    Agreements
    
    AGENCY: Federal Maritime Commission.
    
    ACTION: Advance notice of proposed rulemaking; replies.
    
    -----------------------------------------------------------------------
    
    SUMMARY: On November 29, 1993, the Commission published an Advanced 
    Notice of Proposed Rulemaking (``ANPR'') (58 FR 62616), seeking 
    comments regarding the possible issuance of regulations or guidelines 
    describing the Commission's enforcement policy with respect to section 
    6(g) of the Shipping Act of 1984. Section 6(g) sets forth the standard 
    under which the Commission may seek an injunction against a 
    substantially anticompetitive agreement. Fifteen comments have been 
    filed pursuant to the ANPR.
        The Commission believes that a reply round of comments would be 
    helpful for its consideration of the issues in this proceeding. The 
    comments received reflect an exceptionally broad range of opinions 
    regarding the form, content, and desirability of the possible 
    guidelines. Moreover, several commenters have suggested extensive 
    substantive changes or additions to the ANPR's possible guideline. As 
    the comments present several issues, options, and recommendations not 
    initially addressed in the ANPR, the Commission has decided to permit 
    interested parties to respond to the commenters' arguments and 
    suggestions.
        The Commission will permit replies to be filed by any interested 
    person, not just the current commenters. Those parties who filed 
    comments are on the attached list. All current commenters are directed 
    to provide copies of their comments to anyone upon request, so as to 
    facilitate timely replies. Alternatively, comments are available for 
    inspection and copying at the Commission's Office of the Secretary. 
    Pursuant to Commission Rule 53, 46 CFR 502.53, reply comments shall be 
    served on initial round participants.
    
    DATES: Reply comments (original and 15 copies) due on or before May 6, 
    1994.
    
    ADDRESSES: Comments are to be submitted to: Joseph C. Polking, 
    Secretary, Federal Maritime Commission, 800 N. Capitol Street NW., 
    Washington, DC 20573-0001, (202) 523-5725.
    
    FOR FURTHER INFORMATION CONTACT:
    Austin L. Schmitt, Director, Bureau of Trade Monitoring and Analysis, 
    Federal Maritime Commission, 800 N. Capitol Street NW., Washington, DC 
    20573-0001, (202) 523-5787.
    Robert D. Bourgoin, General Counsel, Federal Maritime Commission, 800 
    N. Capitol Street NW., Washington, DC 20573-0001, (202) 523-5740.
    
        By the Commission.
    Joseph C. Polking,
    Secretary.
    
    Docket No. 93-23
    
    Roger W. Fones, Chief, Transportation, Energy, and Agriculture 
    Section, Antitrust Division, U.S. Department of Justice, 555 4th 
    Street NW., Room 9104, Washington, D.C. 20001
    Martin F. Fitzpatrick, Jr., Director, Transportation and Marketing 
    Division, Agriculture Marketing Service, U.S. Department of 
    Agriculture, P.O. Box 96456, Washington, D.C. 20090-6456
    William A. McCurdy, Jr., Logistics and Commerce Counsel, E.I. du 
    Pont de Nemours & Company, Post Office Box 80036, Wilmington, DE 
    19880-0036
    Lynne J. Omlie, General Counsel, Distilled Spirits Council, of the 
    United States, 1250 Eye Street NW., Suite 900, Washington, D.C. 
    20005-3998
    Peter G. Sandlund, Washington Representative, Council of European & 
    Japanese National Shipowner's Associations 1730 M Street, NW., 
    Washington, D.C.
    Robert A. Peavy, Morgan, Lewis & Bockius, 1800 M Street NW., 
    Washington, D.C. 20036 (Counsel for Transpacific Stabilization 
    Agreement)
    Howard A. Levy, Suite 2020, 90 West Street, New York, NW 10006 
    (Counsel for Trans-Atlantic Agreement)
    Mark J. Fink, John W. Butler, Sher & Blackwell, 2000 L Street, NW., 
    Suite 612, Washington, D.C. 20036 (Counsel for Conferences of Ocean 
    Carriers)
    Nicholas J. DiMichael, Karyn A. Booth, Donelan, Cleary, Wood & 
    Maser, P.C., 1275 K Street NW., Suite 850, Washington, D.C. 20005 
    (Counsel for the National Industrial Transportation League)
    Martin W. Bercovici, Carol Moors Toth, Keller and Heckman, 1001 G 
    Street NW., Suite 500 W, Washington, D.C. 20001 (Counsel for Rubber 
    Manufacturers Association, and for The Society of the Plastics 
    Industry, Inc.)
    Edward D. Greenberg, Galland, Kharasch, Morse & Garfinkle, 1054 31st 
    Street NW., Washington, D.C. 20007-4492 (Counsel to National Customs 
    Brokers and Forwarders Association of America, Inc.)
    Peter Friedmann, Lindsay, Hart, Neil & Weigler, 1250 24th Street 
    NW., 7th Floor, Washington, D.C. 20037 (Counsel to Agriculture Ocean 
    Transportation Coalition, and to American Forest and Paper 
    Association)
    Charles F. Warren, George A. Quadrino, Warren & Associates, P.C., 
    1100 Connecticut Avenue NW., Washington, D.C. 20036 (Counsel for the 
    Trans-Pacific Freight Conference of Japan and Japan-Atlantic and 
    Gulf Freight Conference)
    
    [FR Doc. 94-6613 Filed 3-21-94; 8:45 am]
    BILLING CODE 6730-01-M
    
    
    

Document Information

Published:
03/22/1994
Department:
Federal Maritime Commission
Entry Type:
Uncategorized Document
Action:
Advance notice of proposed rulemaking; replies.
Document Number:
94-6613
Dates:
Reply comments (original and 15 copies) due on or before May 6, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: March 22, 1994, Docket No. 93-23
CFR: (2)
46 CFR 571
46 CFR 572