[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