[Federal Register Volume 61, Number 96 (Thursday, May 16, 1996)]
[Notices]
[Page 24795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12230]
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FEDERAL MARITIME COMMISSION
[Docket No. 96-10]
Seair Cargo Agency Inc. d/b/a Seair International Line; Possible
Violations of Section 10(b)(1) of the Shipping Act of 1984; Order of
Investigation
Seair Cargo Agency Ltd. d/b/a Seair International Line (``Seair'')
is a non-vessel-operating common carrier located in Hong Kong. Seair
maintains a tariff on file with the Commission which provides for
service between World Ports and the United States.
A review of Seair's tariff by the Commission's Bureau of
Enforcement showed that the tariff contained only Cargo, N.O.S. rates.
A review of shipping documents for shipments moving under Seair bills
of lading from February 4, 1994 through January 28, 1995, and from
December, 1995 through January, 1996, indicated that Seair was not
charging its customers the Cargo N.O.S. rates contained in its tariff.
To date, Seair has not populated its tariff with commodity rates.
Section 10(b)(1) of the Shipping Act of 1984 (``1984 Act''), 46
U.S.C. app. 1709, provides that no common carrier may charge, demand,
collect, or receive greater, less, or different compensation for the
transportation of property or for any service in connection therewith
than the rates and charges in its tariffs.
Evidence provided by the Bureau of Enforcement with regard to the
activities of Seair indicates that Seair charged rates different from
those contained in its applicable tariff for the transportation of at
least 14 shipments between February 4, 1994 and January 28, 1995, and
at least twelve additional shipments during the period December, 1995
through January, 1996.
Now therefore it is ordered, That pursuant to sections 10, 11, and
13 of the 1984 Act, 46 U.S.C. app. 1709, 1710, and 1712, an
investigation is hereby instituted to determine:
1. Whether Seair violated section 10(b)(1) of the 1984 Act by
charging, demanding, collecting, or receiving greater, less, or
different compensation for the transportation of property or for any
service in connection therewith than the rates and charges that are
shown in its tariffs;
2. Whether, in the event Seair violated the 1984 Act, civil
penalties should be assessed against Seair and, if so, the amount of
such penalties;
3. Whether, in the event violations are found, an appropriate cease
and desist order should be issued; and
4. Whether, in the event violations are found, Seair's tariff
should be suspended for a period of time not to exceed 12 months.
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 (``Presiding Officer'') of the Commission's
Office of Administrative Law Judges at a date and place to be hereafter
determined by the Presiding Officer in compliance with Rule 61 of the
Commission's Rules of Practice and Procedure, 46 CFR 502.61. The
Hearing shall include oral testimony and cross-examination in the
discretion of the Presiding Officer only after consideration has been
given by the parties and the Presiding 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 Seair Cargo Agency Ltd. d/b/a Seair
International Line 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 CFR 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, D.C. 20573, and comply with Subpart H
of the Commission's Rules of Practice and Procedure, 46 CFR 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 CFR 502.61, the
initial decision of the Administrative Law Judge shall be issued by
January 10, 1997, and the final decision of the Commission shall be
issued by May 12, 1997.
By the Commission.
Joseph C. Polking,
Secretary.
[FR Doc. 96-12230 Filed 5-15-96; 8:45 am]
BILLING CODE 6730-01-M
