[Federal Register Volume 59, Number 113 (Tuesday, June 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14459]
[[Page Unknown]]
[Federal Register: June 14, 1994]
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FEDERAL MARITIME COMMISSION
[Docket No. 94-11]
Trans Ocean-Pacific Forwarding, Inc., Possible Violations of
Section 10(b)(1) of the Shipping Act of 1984; Order of Investigation
Trans Ocean-Pacific Forwarding, Inc. (``TOP'') is a non-vessel-
operating common carrier (``NVOCC'') which has a tariff on file at the
Federal Maritime Commission (``Commission''). TOP transports property
between United States Atlantic and Pacific Coast ports and ports in the
Far East, Southeast and Southwest Asia, Europe, the Mediterranean,
Australia, New Zealand and Oceania.
Section 10(b)(1) of the Shipping Act of 1984 (``1984 Act''), 46
U.S.C. app. 1709(b)(1), prohibits a common carrier 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. TOP appears to have violated section
10(b)(1) of the 1984 Act by transporting shipments subsequent to
September 30, 1990 at rates less than the applicable rates filed in its
tariff.
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 TOP violated section 10(b)(1) of the 1984 Act by
transporting shipments in connection with which it charged rates less
than those filed in its tariff; and
2. Whether, in the event TOP violated section 10(b)(1) of the 1984
Act, civil penalties should be assessed against TOP and, if so, the
amount of such penalties; whether a cease and desist order should be
issued; or whether TOP's tariff should be suspended;
It is further ordered, That a public hearing will be held in this
proceeding and that this matter be assigned for hearing before an
Administrative Law Judge (``ALJ'') of the Commission's Office of
Administrative Law Judges at a date and place to be hereafter
determined by the ALJ 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
ALJ only after consideration has been given by the parties and the ALJ
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 Trans Ocean-Pacific Forwarding, Inc. be
named a Respondent in this proceeding;
It is further ordered, That the Commission's Bureau of Hearing
Counsel 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, DC 20573, shall 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 ALJ shall be issued by June 9, 1995, and the
final decision of the Commission shall be issued by October 9, 1995.
By the Commission.
Joseph C. Polking,
Secretary.
[FR Doc. 94-14459 Filed 6-13-94; 8:45 am]
BILLING CODE 6730-01-M
