TABLE O

LETTER OF TRANSMITTAL 

MEMBERS OF COMMISSION 

SENIOR COMMISSION OFFIC

I THE COMMISSION

A History 

B Functions 

C Organization 

II THE YEAR IN REVIEW 

A Tariff Automation 

B Trade Developments 

C Restrictive Trade Pra

D Enforcement 

E Surveillance 

III SURVEILLANCE AND ENF

A Surveillance 

B Enforcement 

IV DEVELOPMENTS IN MAJO

A Transatlantic 

B Mediterranean 

C Middle East 

D Africa 

E Latin America and th

F Transpacific 

G Worldwide 

V AUTOMATED TARIFF FILI

A Introduction and Bac

B Early Studies on Tar

C First Step in Tariff A

D The Shipping Act of 

E The Tariff Automatio

F ATFI Feasibility Stu

The ATFI Advisory 

G Benefit Cost Analysis 

Procurement Auth

H Inquiry on the Funct

Presolicitation Con

I Remote Retrieval 
J Contract Award 

K Docket No 902

L Batch Filing Gu

M Miscellaneous M

N Update on Rem

VI THE FOREIGN SHIPPI

A The Statute 

B Actions Taken 

C Top Twenty US

Trading Partn

VII SIGNIFICANT OPERAT

ORGANIZATIONAL U

A Office of the Se

B Office of Admin

C Office of the Ge

D Office of Equal 

E Office of Inspec

F Office of the Ma

G Bureau of Trad

H Bureau of Tarif

I Bureau of Hear

J Bureau of Inves

K Bureau of Adm

APPENDIXES

A Organization C

B Commission Pr

C Carrier Agreem

D Tariff and Term

E Civil Penalties C

F Investigations 

G Statement of A

and Receipts 


FEDERAL MAR

WASHING

To the United State

Representatives

Pursuant to sectio

Plan No 7 of 1961 and 

Marine Act 1936 as ame

the thirtysecond annual 

Federal Maritime Comm

Additionally sectio

an Update on Remote 

comply with the reque

informed on developmen

on remote access to th

Tariff Filing and Informat

MEMBERS OF 

Francis J lvancie

Commissioner

Appointed 1985

Term Expired June 30 1992

Holding Over

William D 

C

Appo

Term Expir

2 Vacancies as of Septe

William D Hathaway a

1993 His term expired on June 3

President has nominated him for 

confirmation is pending in the Se

SENIOR COMM

Secretary 

Chief Administrative Law 

General Counsel 

Director Office of

Equal Employment Opp

Inspector General 

Managing Director 

Deputy Managing Directo

Deputy Managing Directo

Director Bureau of

Trade Monitoring

and Analysis 

Director Bureau of

Tariffs Certification

and Licensing 

Director Bureau of

Hearing Counsel 

Director Bureau of

Investigations 

Director Bureau of

Administration 

THE CO

A 

The Federal Maritim

FMC was established as a

Reorganization Plan No 7 

that time the Federal Marit

the regulation of ocean co

United States US M

reorganization plan the 

separated into two categor

The responsibilities associa

and efficient US Mercha

Maritime Administration n

of Transportation DOT 

charged with the administra

the shipping laws

The Commission is no

oceanborne transportation 

domestic offshore trade o

Shipping Act of 1984 brou

regulatory regime facing sh

foreign commerce of the US

B F

The principal statutes 

statutes administered by th

of 1984 1984 Act the S

Intercoastal Shipping Act 

Shipping Practices Act of 19

Merchant Marine Act 1920 
During 1990 the 19

the bonding of non vessel

VesselOperating Commo

1990 Amendments an

amended to provide for 

authorities

The Commission sre

Protecting ship

foreign comme

non marketori

governments a

carriers that 

commerce of th

Protecting th

companies to t

oceanborne an

Reviewing and 

carriers and o

foreign comm

conference po

agreements

Receipt and re

regulation of 

engaged in the 

Regulating ra

regulations an

ensure that su
Regulating rate

and tariffs of 

domestic offshor

Licensing intern

Bonding of non 

NVOCCs

Issuing passeng

financial resp

charterers to pa

death or to repa

voyage or cruise

Investigating 

classifications 

carriers termina

operating in the 

commerce of the 

The Commission is au

the 1920 Act and section 

action to ensure that the fo

burdened by nonmarket 

Commission may take 

unfavorable shipping condi

may impose penalties to ad

governments that adversely 

in the USforeign oceanbo

USflag vessels to ocean t

The 1984 Act is appli

carriers and other persons 

It exempts agreements tha

Act from the USantitrust 
and Clayton Acts The 

agreements to ensure tha

antitrust immunity and 

otherwise violate the 198

increase in transportation 

service

In addition to monito

Commission is also respo

carriers as well as those 

concert fairly treat shipper

public The 1984 Ac

discriminating among sh

shipping public The 1984 

their rates charges and p

that must be on file with 

assess the rates and charg

Commission The Comm

authority to approve or d

individual commodity rate 

except with regard to 

carriers

The 1916 and 1933 A

carriers and other person

trades of the US In gen

protect against unduly di

similar to the 1984 Act In 

a more comprehensive sch

minimum and maximum ra

in the domestic offshore t

The Commission car

by conducting informal an

hearings considers eviden

appropriate orders and 
Commission also adjudicat

community the general s

individuals or interest grou

C OR

The Commission is 

appointed for fiveyear term

and consent of the Senate 

the Commission may belo

President designates one 

Chairman The Chairm

administrative officer of th

The Commission sor

of the Managing Director 

General Counsel Office o

of Equal Employment Op

General Bureau of Trade 

Tariffs Certification and Lic

Bureau of Administration 

Managing Director assists t

and administrative directio

Bureaus These Offices a

Commission sregulatory p

support

In fiscal year 1993 the 

of 229 fulltime equiva

appropriation

personnel are

of

located

18300 0

in W

New York San Francisco 

Houston and Hato Rey P

from the Bureau of Invest

THE YEA

The Commission s

challenges in fiscal year 199

implementation of our Auto

System ATFI or System 

consultation with the Systes

The Commission con

section 19 and the FSPA t

foreign governments The C

surveillance of trade activi

trends that may adversely 

enforcement program fo

programs that could op

intervention And agreem

were analyzed and monitor

USforeign trade

This Annual Report e

byoffice basis and contains 

and accomplishments Spec

particular concern This 

summary of the Coms 

accomplishments during the 
A TARIF

After extensive analy

collaboration with all 

operational when the Co

electronic tariff filings in 

signed Pub L No 102582 

the electronic filing of tar

on public retrieval and im

direct remote access an

commercial tariff services 

in May 1993 which impl

required thirdparty vendo

for collecting secondause 

issued amendments to its 

permitting essential terms 

fulltext format Two 

interim rules addressed tec

continue to be review

instructional materials w

developed to assist all fi

filing and minimizing erro

To ensure an ord

environment the Commis

schedule for the convers

areas and operations Sev

the last closing Decembe

tariff data began slow

capability and willingness 

requirements Those who 

the Commission for temp

filing requirements The 

75 petitions representing 

which were granted Dur
were filed electronically U

3500 tariffs to be in the AT

The last optional ph

expires towards the end of 

has begun preparation for th

ensure the continued opera

system

B TRADE 

Various trends identif

the major US ocean trades 

Carriers in the transa

continual overcapacity 

rationalization agreements 

vessels deployed space cha

calls The major focus in 

Atlantic Agreement or TA

carriers operating between 

TAA was filed in April 19

effective in August 1992 afte

and corrections to agreemen

offending Due to its marke

received continuous Comm

carriers did not increase 

unreasonable manner Add

has voiced objections conc

rates capacity managemen

actions European shippers 

European Commission whi

In the Mideast trade

initiated to the Arabian 

anticipation of a reconstruc
Despite a significant incre

construction equipment t

Rationalization agreemen

to operate more effective

formed involving most ma

conference Similarly 

witnessed a host of new e

market The Med con

crossroad to Europe Af

adjusted their service pat

serve this trade Rati

implemented throughout 

The transpacific saw 

expand their networks a

carriers to take advantage 

and cargo solicitation 

Agreement and the Asia 

Agreement initiated numer

in attempts to win major 

initiated rate and service 

service changes enabling t

share both inbound and o

Certain government

implemented policies to 

either added tonnage or 

1993 This added to the 

additions of tonnage in 19

space charter or coopera

as carriers sought the mos

services
C RESTRICTIVE 

The Commission has b

years in using its authority u

the FSPA to combat foreig

commerce or unduly harm 

The Commission pre

proceedings to address the 

and regulations that were 

carriers and precluding US 

business in the ROK F

proceeding implementing co

to the ROK restrictive pract

effective date of each in lig

eliminate the offending rest

consolidators was discontin

actions by the ROK to im

trade to US freight forwar

date of the rule involving c

delayed pending assessment 

to be received from the inv

The Commission also 

imposed by the Peoples Re

FSPA In discontinuing its 

the PRC the Commission n

commitments made by the 

practices under scrutiny in t

determined to monitor deve

and tariff recognition by P

talks between the US and 

Further talks are scheduled 

closely
The Commission c

various restrictions that w

in the trade with Taiwan 

progress being made to am

US carriers to move the

own trucking services Ta

market to UScarriers re

D EN

The Commission s

place a major emphasis o

means of enhancing fai

commerce Specific enforc

penalties naturally do not 

2063 436 in civil penaltie

although sizable does not 

the past few years We 

effects of our recent enforc

self policing have reduce

malpractices are identified 

the appropriate enforceme

Regarding self polic

transatlantic trade remain

effort continued to opera

newlyfiled agreement Th

the neutral body and the in

that this initiative has ha

community The Commi

neutralbody self policing 

Med and CentralSout

compliance type agreemen

our efforts in that trade w

monetary payments and n

activity The Commission 
transpacific self policing pro

believe we have made subs

and hope to see an effective 

that trade early in fisca

CentralSouth America are 

Commission holds out hope 

agreement can be establishe

The Commission senf

was a joint effort involvi

transportation specialists an

Commission sATFI system 

groundwork and data analys

have continued our liaison 

agencies Of particular imp

US Customs Service Cu

regularly on matters of mutu

Customs automated systems 

uncover and deter malpract

E SUR

In fiscal year 1993 a

worked to upgrade the e

monitoring of trade condit

various monitoring projects 

Commission in identifying p

practices and support its en

Commission monitorin

dominated by efforts to rese

going impact of TAA The 

service contracts instituted b

about whether the Agreeme

section 6g general s

anticompetitive agreements 
impact the Commission a

filed by TAA trade volum

increases under the section 

focused on the effect TAA 

In addition to monit

and monitoring efforts inc

filed with the Commissio

Agreement TSA and 

revenue through the end 

activities of controlled 

Commission developmen

analysis of carrier reports 

Japan Harbor Managem

Department and the M

market share and major 

ROK Taiwan and PRC 

impact of a joint service a

and Solomon Islands trad

data for various trades
SURVEILLANCE 

A SU

An integral part of 

under the 1916 Act and 

surveillance of carrier activ

of Commission surveillance 

operating in the UStrades 

of the applicable Acts and 

rules To that end the 

Analysis BTMA adminis

designed to apprise the Com

keep abreast of emerging 

and maintain effective over

activities

The 1984 Act provides 

statutory authority agreeme

become effective on the 45

after notice in the Fede

Agreements can be rejected 

to include statutory provision

the Commission may extend 

additional 45 days if that is 

information and docume

Commission determines th

anticompetitive in possible 

Act it may seek appropriate 

the US District Court for 

previous

provisions

broad

however

discretion

represe

to 
As a consequence o

agreements from taking e

a systematic trade monito

actions by carriers in t

prohibited act restriction

anticompetitive as to re

transportation service 

transportation costs Un

monitoring post implemen

much more important a

been reviewed continuous

and effectiveness The 

examination of carrier com

entry conditions rates 

trends service contract a

and service conditions es

management programs

In fiscal year 199

production of a variety of 

carrier behavior in the 

analysis of the periodic r

the Trans Atlantic Agree

in the North Atlantic 2 

rate increases under t

3 development of trade 

in the transpacific and tr

Commission briefings up

report on the activities 

carriers 6 an analysis o

Chinese carriers 7 an a

payment of fees to the 

8 the development of 

Investigations BOP 

conducted as part of BTs

analysis of the effects 
Zealand conferences to 

comments and questions re

the Japan trade 12 an an

joint service agreement in th

Islands trades 13 an analy

Commission by the Tran

TSA 14 an update o

through the end of 1992 1

State and the Maritime Adm

and major commodities in t

trades 16 a semiannua

Commission sfiling exemp

service agreements 17 the 

for major US trades 18 

developments concerning sh

activities of the Inter Ame

20 the collection of marke

During fiscal year 1993 

Program This program 

understanding of industry p

areas of review included 

specifically aimed at the ha

and full containerload cargo 

by between and among NV

recommendation that the Co

proceeding to deal with the 

the coloading of ocean ship
B EN

Under the 1984 A

regulatory emphasis on en

the predecessor statute 

performed primarily by th

Counsel and BOI See P

The Transpacific Ma

longterm program initiate

of this program is twofol

1984 Act and 2 to esta

for carriers shippers an

transpacific trades The 

informal and formal inves

These investigations alre

comprehensive settlemen

operating common carrie

these entities provided 

violations The transpaci

important impact on the 

Another longterm 

enforcement initiative wh

fiscal year 1993 Neutral b

result of the program co

trade under a newlyfile

Commission staff meet re

body and annually with th

has been advised that t

beneficial impact on the 

Commission liaison 

cooperation and coordina

A joint support program b

has resulted in interagenc
mutual concern This progra

1993 to provide online acces

ACS Access to Customs A

Commission scapability 

malpractices

In fiscal year 1994 th

significantly this interagenc

include access to its Autom

further increase the amount 

will be able to review in con

transactions

The expanded access t

with online access to the Cs

increase significantly the amo

groundwork that we will 

electronic database manipul

BOI has initiated a ne

the Strategic Tariff Enforce

designed to involve both inv

adherence practices of comm

shipper practices such as m

misdeclaration of measurem

The Commission senf

resulted

2

in the collection of 

063 436 See Appendix E 

enforcement activity will have 

malpractices in the shipping 

DEVELOPME

USFORE

A TRA

The transatlantic trade 

shipowners to operate in b

fierce competition and de

conference carriers opera

reported collective losses of 

to continued low vessel c

freight rates These same 

150 million in 1993 Durin

carriers withdrew from the 

difficulties while two other n

the trade but later terminate

During fiscal year 

generally improved in the i

trade continued to experienc

initial improvement during 

trade volumes declined thro

percent overall for the year 

third quarter of 1993 with c

The improvements in cargo v

trade early in 1992 were sus

with overall liner cargo volu

the third quarter of 1993 ca

9 percent This trade imbala

slump in the demand for 

European recession and the 
European currencies the

attractive in the US

In an effort to resto

trade formed a new agre

TAA No 202 011375 

carriers in the trade betwe

replaced two former confe

eastbound and westbound 

Europe Rate Agreement N

USA Rate Agreement No 

As originally filed w

TAA was deficient in form 

withdrawn and a correcte

To analyze thoroughly Ts

issued a formal Request f

1992 After an analy

Commission informed TA

order enjoining certain re

contracts and membersh

offending provisions an

action to prevent it from 

1992

TAA permits the ca

charges and conditions 

includes a unique mem

between carriers that are 

those that are nonrate c

are eight rate committe

Maersk Line Maersk 

Lloyd AG Hapag Lloy

Nippon Yusen Kaisha 

Container LineUKLt

PO Containers and 
Seven other carriers are non

and include DSRSenator 

Co Mediterranean Shippin

Orient Lines Ltd NOL 

Mexican Line TMM 

Tecomar

TAA also permits the 

management program CMP 

amount of conference vesse

percent TAA further perm

arrangements among thems

rationalization of service a

cargo consignments

Because of TAA smar

the Commission subjected 

when it was initially filed a

closely than most other ag

under an intensive and cont

designed to ensure that it re

6g and other provisions of 

TAA must submit qua

activities capacity utilizatio

other data relevant to the re

Commission monitors this i

assess the impact of TAA 

transatlantic trade

The TAA CMP curre

trade ie Europe to the 

amount significantly less 

allowable

monitoring

under

information

the agreem

th

capacity utilization without s
carriers increased their 

downsize or permanently 

the trade Capacity redu

year do not appear to ha

space in either trade

While TAA carrie

increases implemented e

substantial market share

Notwithstanding the 

Directorate General of C

Commission challenged t

believes that TAA fails to 

conferences are granted 

laws of the European Un

conference should have 

two different types of c

common rates and service 

who can quote different 

contracts DG IV also 

operated in conjunction 

agreement and stated 

activity for a conference 

Moreover DG IV o

member lines to agree o

Europe submitting that th

competition laws is limite

most recent reports indica

not found sufficient groun

important goal of Euro

alleged harm that TAA 

businesses However 

reviewing TAA and has 
whether it should be gran

competition laws

Carriers in the transat

in service rationalization a

space and thereby increasing 

capital investment or the de

During fiscal year 1993 a 

agreements became effect

toward greater rationalizatio

the liner trades These agre

TMMecomar Space 

232 011391 permits the part

vessels coordinate sailing

services and supplies and p

other in the trade between 

points and ports and points 

Scandinavian United King

ports

Orient Overseas Conta

Party Space Charter and Sa

permits the parties to chart

themselves to agree on 

deployment and to volunt

contracts between US At

inland points via those por

Europe

AP Moller Maersk Lin

and SailingAgreement No 2

VSA Party SeaLand PO 

upon terms and conditions 

aboard its vessels available 

for their use and for subch
permits the parties to agre

Maersk svessels sailing s

and to agree on a vo

contracts in the trade betw

ports and points via those 

Europe

Maersk OOCL VSA 

203 011396 permits the 

matters involving deploy

charter arrangements am

calls terminal use and to 

and service contracts in 

Gulf Coast ports and p

points in Northern Euro

Nippon Yusen Kais

Orient Lines Ltd Far EU

Charter and Sailing Agre

parties to charter and 

coordinate sailings and a

service contracts in the t

Far East and North Eur

Atlantic Gulf and Pacifi

TMMHL Space C

203 011401 permits TM

on each other svessels a

between the USAtlantic 

Mexico and Europe

MSCPOL Space 

232 011415 permits Med 

to one another and agre

call in the trade betwee

points via such ports an
B MEDIT

The two major confere

trades hold dominant marke

served by the South E

SEUSA Agreement No 

is served by the US Atlanti

Rate Agreement AGWM 

agreement alongside AGW

Agreement No 21201123

revenue and to cross chart

trades are served by the M

Conference No 202 008090 

directions

The major eastbound a

USand Europe experienced 

resulting from a gradual 

However rates and profits 

widespread recession and 

Continuing losses forced 

operations or to drop out o

trade was again subjected 

entrance of newcomers dur

pressure was exerted on rate

eastbound and westbound d

regional containership lines h

a traditionally overcrowded 

SeaLand NYK Line NOL 

companies reportedly view 

to Europe Africa and Asia 

their round the world or t

cargoes at such transshipme

to destination markets in No

the Far East These carrie

utilization and to balance eq
cargoes without becom

Moreover they can use 

aimed at USand Europ

Suez Canal The Med 

emerging markets in E

republics and the Middl

reportedly dropped out 

persistent pricecutting p

the conference would ado

to Farrell

Competition becam

some carriers could not 

rising costs of improved s

in Southern Europe incl

Italy and Spain scaled 

recession budgetary def

situation reportedly h

privately owned Europea

vessels in the Med trade 

of their service to the ra

Middle East Followin

Maritime and Compan

Line curtailment of its 

and PO Containers 

containership services be

the Middle East and Ind

calls in the Med Red S

Japanese and Korean 

likely to add stopov

EastEuropeUS servi

intense competition in th

about 64 percent of the 

joined

control

SEUSA

over the

in

Med

the spr

tra

its shipping services prim
and its liner services to se

including Adriatic ports 

particularly competitive reg

carrier like SeaLand with 

competition

US exports to Italy 

suffered due to recession

recently from dollar appre

products out of the marke

Conference reportedly is d

1992 Med markets are cha

times but the AGWM Conf

trade volume still approa

westbound counterpart app

generally weak market 

separately but have ident

members of AGWM and SE

Containers Maersk Italian L

Lykes Bros Steamship Co 

of the eight members exce

are involved in a vessel sha

joined both conferences an

trade in the spring of 1993

It should be noted th

same participants in the Med 

from inland European points 

TAA or Med carriers M

making rate increases stick 

Med areas The Med confe

contracts but independent a

The Med trade is describe

conference carriers due to 

conference carriers This 

carriers operating to or fro
load cargoes in the Med 

fortunes of the Middle E

Rationalization of s

underlying the types of 

during the year These 

and Sailing Agreement N

above and the Western 

Charter Agreement No 2

charter space from th

Containers and Nedlloy

Coast ports and the Med

the West Coast of Italy

C M

Several carriers initia

to the Arabian Peninsula 

of a reconstruction boom 

the conflict there was a g

and construction equipme

in the region has not ful

rate declines of almost 30 

Prompted by extens

the USMiddle East tra

agreement as a prepa

conference in the trade T

discuss rates capacity an

trade These lines repor

traffic and include all of 

lines in the trade The fili

Shipping Co National S

Containers Maersk Sena

Corp American Presiden

AS which later dropped 
Line Subsequently the disc

include the 8900 Lines Ra

CoastMiddle East trade 

Agreement The stated 

conference will be to raise 

trade an arrangement based 

Other trade developme

announcement of a cooper

US Middle East and the In

by SeaLand PO Containe

regularly scheduled service i

reportedly plans to transship 

cargo through Northern Eur

a discussion agreement wit

1993 to explore the possib

between the two carriers in 

encompass ports and points 

Middle East

The trend toward ra

shipping services was also a

USArabian GulfAgreemen

PO Containers and SeaL

and to rationalize sailings 

Atlantic and Gulf and the R

Arabian Gulf and the Go

Subcontinent The agreem

authority and the withdrawa

trade

The Red SeaArabian G

Agreement No 203 01140

discuss and exchange infor

items and other matters in 
the USto ports and poi

Subcontinent

The Middle East 

Agreement No 203 0114

from SeaLand in the tra

and inland US points 

Mediterranean Sea the 

on the Arabian Gulf and 

discuss and agree upon ra

the trade

The APL TMM Dis

permits the parties to dis

matters of mutual conce

between ports and points 

Middle East and ports a

The Global Con

Agreement No 203 011

space to or from each ot

charges service items 

transportation of cargo in 

the US and ports and 

Central and South Ameri

Sri Lanka Singapore Ind

D 

Liner shipping com

during fiscal year 1993 i

trade especially with S

hinged on expected high 

Africa South Africa fo

sanctions South Africa 

point for trade with Nam
a former South African p

resources is also expected 

growth

Lykes increased its s

Africa following a 17 perce

in 1992 The company op

replace its agency status i

available cargo capacity th

Together they operate eigh

Lykes and Safbank Line plan 

the total to twelve and they 

Four other carriers inc

to South Africa during 1993 

carrier in the West Africa tra

and Durban with three 

Wilhelmsen Line gained mu

lowvalued commodities to S

to 10 percent lower than oth

of Baltic Shipping Co upg

service by adding a t

arrival departure schedule 

China Ocean Shipping Com

four multipurpose ships m

Elizabeth Hoegh Ugland 

relaying cargo between Nort

Havre France The com

fortnightly service Also 

provided the most freque

arrivaldeparture Med Ship

a slot charter agreement with 

carriers serving this sector 

Lines Maersk PO Conta

Africa Line and Evergreen
The East African re

Malawi Mozambique Ru

much less trade than the 

East African region is serv

and subsidiaries of large 

Containers and Mitsui OS

1993 trade was very de

StatesSouthern and Easte

implemented a general 

conference claimed that 

increase because of highe

increased vessel operatin

The major agreem

trade in fiscal year 1993 

Islands and West Africa C

011393 the Global C

Agreement No 203 0

USASouthern and Eas

203 011233 005 which ad

scope The TransPac

Agreement No 202 0084

among other things Afri

Sea

E LATIN AMER

Latin America an

economic growth in fisca

than in 1991 and 1992 

growth rates of 104 perc

respectively achieved a 

countries rates averaged 

economy in the region a

in coffee prices was an 

growth rates Overpro
agreement with quotas exe

prices

US trade with th

continued to grow In fisca

exports to Brazil increased 

increased trade was due ma

instituted by Brazil in 1992 

increased government spen

and a reduction of import d

Administration reported th

percent increase in Brazs 

896 billion

Signs of protectionis

towards the end of fiscal 1

preference laws using the 

for both conference and l

Brazilian Congress How

support

Other regional develo

a free trade agreement 

Venezuela b adoption of 

which following a change o

private enterprise instead o

of the bilateral maritime 

Venezuela for eighteen mo

During fiscal year 199

Volumes moving south 

northbound volumes H

growing at a faster rate

The trade was plagued 

the large increases in ship
carriers responded to fa

vessels Maersk was one n

four vessels in a weekly 

and Panama Colombia 

sector Zim Navigation a

three vessels between th

Brazil Paraguay and Urug

initiated a new weekly c

ports and Tuxpan Mexi

company plans to add mo

Companies leaving 

significantly alleviate the o

NYK Line both withdre

Empresa Naviera Santa 

overall the increase in ca

rates

Crowley American 

by doubling its sailing t

between Puerto Rico and 

Independent Line adde

CoastArgentina Brazil 

service National Line 

addition of two ships a

Crowley Ivaran Line re

larger ones and added tw

and Argentina Brazil Pa

the BrazilUS East Co

added one vessel to its s

New agreements im

Islands Agreement No 

Charter and Sailing 

ErnpremarCTE Joint S

TMMHL Space Cha
203 011402 Sea LandCA

232 011413 The Bermu

203 011418 ThompsonCIS 

LykesLinabol Cooperative 

West Coast of South Am

203 011426 and the Agree

Release of Claims Between 

the BrazilUS Gulf Pool A

No 203 011430

F TR

In the Pacific fiscal ye

and vessel utilization east

rates westbound By the fal

stabilized and fallen yieldi

westbound had fallen 

strengthening USeconomy 

in Japan

The commodity mix o

mostly of primary materials 

finished goods Thus pape

cotton chemicals and lum

exports USimports tend t

toys electronic equipmen

sporting goods Imported 

valued than exported good

In the eastbound trad

summer of 1992 lasted into 

and resumed again in the s

1993 a space shortage thre

manufacturers began stock

Many carriers especially low

to juggle ship sizes and 
demand Several carriers c

faster direct service from 

West Coast

In response to the 

eastbound carriers makin

Agreement TSA No 2

foot container rate increa

conference competition h

and auto parts began to fa

higher rates for footwear 

able to obtain favorable 

footwear for small and m

until shortly after the servi

contracts are typically nego

conference carriers beg

Kawasaki Kisen Kaisha Lt

were identified as being p

The Asia North Am

ANERA No 202 010

a twoyear service contra

ANERA also targeted th

department store merch

patronizing independent l

maintain the 200 rate in

contracts with many of th

contracts containing large

Total westbound win

Wastepaper cargo volum

because of the economic 

oversupply in some areas 

sources of supply Thi

dramatically Similarly fo

resin exports and conseq
fell when shipments booked 

of the cotton expected to b

The filing of lower rates by 

several other carriers with 

for all carriers dropped

It is common on the 

drop during the summer w

reduce their purchases of 

then usually picks up in t

picks up This cycle hel

conditions in some Asi

worsened causing lower

cargo However despite th

Trans Pacific Westbound 

202 010689 reported bei

capacity utilization rate

In July anticipating 

demand the TWRA carrie

and proposed rate increase

the end of August many 

largely eroded through 

response to this weakne

September meeting the TS

are also TSA members m

from 8 percent to 10 pe

increases could not he reac

announced

Changes in the westb

service responses by TWR

lost by the decrease in 

moving TWRA made a 

service contract to lumber 

These shippers had been 
tariff rates TWRA als

lowering the bunker fuel 

maintaining the currency s

and increasing the Japanes

times throughout the year

The overall trade pic

the highervalued eastboun

transpacific trades Pacific 

times The trend has been 

from Southeast and Central 

another string of ships aim

Singapore to the US Wes

Kong in 12 days This rep

countries of Korea and Jap

of highvalue goods deman

Asia countries whose lowe

have been enticing produce

Carriers have increas

different ways The NYK 

joint service from Asia to 

shippers a through service 

through the Panama Canal 

to Europe K Line on the 

from Singapore Hong Ko

Coast skipping the traditio

comes in part because of th

the growing allure of Singa

Taiwan as transport hub fo

Southeast Asia and China

Despite the relative 

container volume both 

increased in 1993 The US

SeaLand carried almost t
export containers in the US

and household goods whi

carriers like Evergreen and 

fiftyfifty According to r

Reporting Service a serv

comparing the spring of 199

growing the fastest were 

percent and Yangming M

Land Evergreen Maersk 

their standing as the top five 

quarter imports and export

Shipping showed the bigges

over the second quarter 

Maersk 5 percent SeaLan

The share of cargo moved b

01 percent to 53 percent o

percent inbound Shippers 

service offered by non con

Merchant Marine Hanjin 

independents increased ma

lower rates notwithstanding 

carriers because of their mu

Even the smaller tra

growth Trial voyages by Fa

between Tacoma Washingt

out profitably enough for F

scheduled service on the ro

the service with a pair of l

also move container traffic 

commercial service to and f

to the Russian Far East 

equipment for processing 

materials and food products 

include Lumber and seafood
Carriers are meeting 

by expanding their netwo

other carriers to be able 

scope and scale in marke

Lloyd joined TSA in Janua

TSA No 202 011223 00

submitted an amendment 

service contracts in the Ind

Far East An amendmen

expands the geographic s

include US Atlantic and 

Trade between Asia 

Mexico subsidiary APC d

helped the company ca

transportation business s

expand its access to Mexic

announced the establishm

agreement the APLT

203 011428 permits the p

and other matters of mut

subtrades between ports 

Subcontinent Middle Ea

Adherence is voluntary

Mexican Line and E

filed an agreement No 

charter space to one anot

services in the trade betw

points via such ports an

including other Pacific Ba

Other agreements o

NGPL Joint Service Ag

October 1992 This agre

between Papua New Gu
Asian ports and ports in 

possessions via transshipme

Yusen Kaisha Hapag Lloy

Ltd Far East United State

Sailing Agreement No 20

parties to charter and su

coordinate sailings and agr

service contracts in the tra

Far East and North Europ

Atlantic Gulf and Pacific 

The domestic ca

international by expanding 

carriers HapagLloydMats

No 203 011414 establis

between the parties for 

Washington and Orego

transshipment in Californi

agree upon rates terms an

Finally national flag 

the Pacific with both th

meeting to discuss items o

the USFlag Far East 

010050009 and JapaneseF

Agreement No 203 01090

agreements to meet discuss 

another Japanese Unite

Agreement No 20301142

No 203010050 and 203 01

mutual interest which are 

respective discussion agree
G W

The trends identified 

shipping markets have co

traffic flows in major trade

recessions currency fluctu

result many operators cont

This in turn continues 

restructuring of shipper se

Cooperation among 

electronic data interchange 

agreements with worldwid

ATFI Working Group Agre

an advisory group of comm

agreements to pursue com

the Commission simpleme

USworldwide trades 

Agreement No 203 01

development program inte

that will facilitate custom

freight transportation serv

The refrigerated carg

of the worldwide liner ship

during the past year This 

increased demand for fresh 

year by consumers in th

markets in Eastern Europe 

provided some expansion o

innovation has allowed 

previously moved exclusiv

transit times by sea
AUTOMATED T

INFORMATIO

A INTRODUCTIO

The Commission adm

the 1984 Act which apply to 

between the mainland and 

foreign commerce respectiv

waterborne transportation 

carriers by water in these t

inspection their tariffs 

service contracts be filed and 

available to the public in 

H 817 and 1707

A freight tariff filed 

of a carrier or conference 

charges and rules applicable 

service contract is a special 

carrier sthat applies in l

commitments are made in a 

guaranteeing the carrier a 

period of time in conside

carrier to a certain rate and 

Additionally terminal 

persons engaged in carryin

wharfage dock warehouse 

A Customs tariff is a pub

schedule of Customs duties
connection with a comm

domestic offshore comme

The statutes and im

Commission to ensure 

standards before tariff m

example a tariff or an 

unclear or indefinite and 

other tariff provisions alre

contain effective date prov

eg a minimum of 30 da

filing is defective in any o

filer must file again in th

go into effect Similarly 

the Commission if they 

regulatory requirements 

581

In order to facilitate 

substantial penalties for n

adhering to the provisions 

a service contract See eg 

1708 and 1709

In addition to enfor

uses the filed tariff and s

and investigatory purpose

related issues raised by 

proceedings as well as in 

contract provision on file 

official evidence of the ap

certified by the Commis

information is used for 

scheme is primarily design

shipping public to promo
flow of US exports and im

with and maintained at the 

While the first US 

established in 1916 it was 

USforeign commerce wer

all the rates charges and ru

In the ensuing years the 

million pages per year In 

received as well as 6445 

numbers could have been 

implemented its ATFI syste

It was because of the e

Commission had to process 

that led it to consider m

alleviating the paperwork bu

the shipping industry A sy

area by the Commission co

B EARLY ST

In 1981 the Commiss

the validity of the premi

requirements of the 1961 a

based The study contained 

The first part concern

the effectuation of nonta

formal decisions enforceme

October 1 1981 was based u

It concluded that tariffs a

2 A relatively small numb

commerce have been required to 

Act
Commission statutory fun

effectively used if the dat

The second part of 

1981 evaluated the impac

users shippers and fre

interviews with 25 impo

forwarders It revealed th

that publicly available ta

maintained at the Com

however agreed that the 

could be simplified by imp

system of rates compute

upon the US Foreign Trad

of Domestic and Foreign C

States Schedule B

The third part of th

focused upon ten liner o

segment of the maritime 

publicly available and ma

those interviewed for the 

carriers and conferences s

the contents of tariffs A 

of tariffs might be a neces

that any program to sim

tariff automation

The overall conclus

retention of the requirem

support in the maritime 

need of modernizatio

computerization

While conducting th

also began an internal stud
the Commission itself The 

a six month period JulyD

permanent filings were rece

of several hundred filers ac

volume The internal study 

quarter fiscal year 1982 act

cost of examining and main

major filers was 158 000

With the results of 

Commission explored the 

particular interest to the Co

on the feasibility of possible 

of an automated tariff syste

interviewed seven carrier

forwarders twelve shipper

firms

The report of this surv

revealed the overall belief o

the tariff system he automa

automated system was ove

that there was a likelihood 

system if it were more effic

to he less costly than the ex

The various responde

stages of automation A fe

and a number of conferences 

commitments to automatio

automated to some degree 

tariffs would fit well into th
C FIRST STEP 

Recognizing that th

support for tariff automa

to determine if any part

appropriate system On 

published in the Comme

entitled Sources Sough

Commission Electronic F

Tariffs Of the 31 replie

responsive or partly res

interest in being conside

system andor described 

also raised questions of 

needed to be resolved bef

leading to the eventual a

The major questions rais

1 Does the filing 

a private contractor off C

statutory requirement tha

2 Can the Comm

compliance with electron

3 What is an ap

vendor developed softwa

database requirements

4 What copyrigh

5 What will be 

filing the data electroni

either filed or produced f
storage be required To w

be required

6 Will the contrac

use of the tariff informatio

7 What will be th

carriers and other firms th

8 What is the min

with an appointed outside 

9 What is the e

Commission as a free syste

10 What will be th

will be ultimately selected

11 What will be Cs

on the contractor

12 To what extent 

tariff data into the electron

data

13 How will a syst

14 To what extent 

with other format standard

D THE SHIP

On March 20 1984 

though the continued need 

been questioned by certain 

private sector during hearin
the requirements to file an

were authorized as an alt

contracts were required 

Commission their essent

Commission in tariff form

public

E THE TARIFF AU

In August 1984 Com

appointed Vice Chairman 

Tariff Automation Task 

additional information and 

to 17 ocean carriers 10 Ns

forwarders and 20 shipper

use of tariff data and sugge

three entities responded S

are synthesized as follows

Tariffs were us

basis and mos

Most with the 

with the curre

indicated a de

Most of the 

commercial t

carrierconfere

predominant u

large number 

shippers we

representatives 

indicated that 

however those 
favored automa

timely and accu

A majority of 

available standa

eg ScheduleA 

Annotated S

Classification 

Transportation C

did not use stand

nor did they see 

Freight forwarde

the greatest deg

one type of codi

Practically all 

respondents beli

to file data with 

fashion The NV

be too expensive

At about the same tim

inhouse survey was conduc

its needs for tariff autom

concept The survey results 

Most responden

bureaus felt tha

the quality of 

productivity

Sixtytwo percen

copy was unnece

machine readabl

copies were the 
for enforcemen

case of comput

Forty percent 

classification 

efficiency and q

21 percent resp

their efficiency 

Responses wer

geographic cod

In August 1985 the 

Tariff Automation A Fu

describing the results of the 

the report described the pr

review and the Commisss

retrieval of tariff data Th

were described to be as fo

The automated 

sector to the ex

The system will 

the assessment 

information

Access by the C

The integrity o

Commission 

ownership of s

the system

A means will 

monopolistic c

the system and 
existing satelli

dissemination o

Contractual arr

not curtail the a

tariff document

document room

The report recommen

which would evaluate the 

their costs including a mar

information and the likeli

could be recaptured The 

primary options to be eval

1 Multiple priva

require Commission con

acceptance of tariff filing 

prevent tampering with t

information in the databa

public through the Coms

Tariff Control Center 

certification process This 

least cost to the Comm

involvement but legislative 

implement it

2 Single databas

operates a single database 

review and acceptance of 

then be made available to 

would offset the cost of 

Rather than grant the con

information however the 

more advisable for the con

perhaps on a subscription 
would save on input costs 

access to the information 

Each purchaser could purc

software for providing the 

data to other users Hard 

also be made available for 

The report concluded 

the technical expertise the 

out

Because the Commis

future studies were unbias

an industry consultant in A

The contract provided t

independent of the feasib

become the contractor for 

F ATFI FEA

TARIFF A

THE ATFI AD

The Commission ne

Administration GSA fo

and entered into an interag

with GSA on August 1 198

were transferred to a GSA 

the development of a feas

a contract for this task wit

Early in 1985 the Co

importance of not only s

public arena the opinions 

by the automation of ta

pursuant to the provisions 
Act 5 USC app I 1 15 

Advisory Committee was e

The Commission sfi

Advisory Committee was to 

GSA Advisory Committee 

the need for the Committ

obtain a balanced memb

membership on the Com

Register notice of April 

Nominees were required 

services and acknowledge th

procurement solicitations 

Committee

On November 11 198

Federal Register 50 Fed 

Formation of the ATFI Adv

first meeting on December 

Commissioner Edward J P

the Committee The ninet

three ocean carriers th

NVOCCs three freight for

Brokers and Forwarders 

California Association of P

importers and the Americ

Importers two information 

Industry Association

FMC Chairman Edwa

Advisory Committee meetin

guidance on the following p

automated system
Is it desirable 

Can it be stru

sufficient throu

for access to th

Is it possible 

system for the 

Can the integr

Commission 

ownership of s

the system

What means 

possibility of 

company that 

minimize inte

commercial co

dissemination 

or Can the system 

public access 

made availabl

otherwise

Can system op

public access 

Act

Can a system 

imposed upon 

technical requ

automated sys
Chairman Hickey explained 

assure the integrity of the C

The Commission 

filings that do no

and is to dete

information p

Information Act 

The system m

historical record

and reproduced 

to comply with 

government reco

The system must 

or tampering wi

and authorized 

All fees for the u

data reproduct

prevent deter o

The critical objectives o

established as follows

To allow each s

formulate and 

process of autom

To educate each 

about the needs 

such a process
To investigate 

and foreseea

technology to a

Then if feas

compromises 

industry segm

acceptable and 

The Commission di

make an indepth and criti

theATFI Feasibility Study 

implementation plan which 

of the ATFI Feasibility Stu

The ATFI Advisory 

sessions from January to 

provided input to and rev

Study Contractor The fin

Comprehensive Study of th

System Federal Maritime C

the basic functionality fo

assumptions the concept 

operation policy assumpt

funding This report was a

Committee with a few su

tariff automation requirem

were

1 Key Tariff Filing 

a Electronically 

Commission

b Provide faultto
c Provide compat

extent possible

2 Key Commission T

a Accept electron

essential terms amendmen

b Provide tickler ca

on a letter of criticism

c Perform comput

filings egsyntactic valid

d Provide workloa

status of new tariff filings

e Generate Comm

of rejection

f Route tariff filin

g Collect workloa

tariffs filed in a week

3 Key Tariff Retrieva

a It is expected tha

this system will he for Coms

Thirdparty vendors will p

public

b Retrieve curren

keys egorigin and destin
c Retrieve histor

keys egcommodity cod

d Link tariff infor

e Retrieve curre

formats egpage

f

Retrieve histor

formats egentire tariff

g Provide compu

egsubscription service

h Retrieve tariff 

egrerating

i

indices

Retrieve tariffs 

4 Key Functionality 

a Accuracy eg

the database

b Timeliness eg 

rates

c Security egu

d Special analyse

5 Key Policy Assum

a Commission w

via terminals in a public 
Commission will make copie

party vendors who could t

services on a retail basis

b Commission wo

valueadded services directl

provided by third party se

provided by the system wou

users egfor enforcemen

c Commission wo

rights to the database as a 

The functions and 

identified in the study have 

backbone of subsequent e

The system concept deve

Commission by the Contra

73 million and an estimat

months The cost estima

calculation for the fiveyea

time frame consisted of d

including training data c

estimates were considered 

were the costs for complet

scratch Some of the co

existing systems which cou

the functional requirement

The Feasibility Study 

Tariff automation ap

the maritime indust

automation appears 

potential costs of tar

the reasonable range 
that would accrue and 

process

The ATFI Advisor

Feasibility Study in 

recommendations which th

First the Com

automation as d

Second the 

costbenefit stu

the perceived b

costs of the imp

G BENEFIT 

PROCURE

In October 1987 a Be

a commercial contractor 

feasibility of the project 

Office of Management and 

In December 1987 a 

for the project was obtaine

H INQUIRY ON THE 

and PRESOLICIT

In December 1987 t

draft request for proposals 

from the vendor communit

the Commission sought 

functionality of the system 
The purpose of this ou

the regulated community a

fully aware of the Comms

Comments were requested f

the basic functionality of 

functionality as set forth in 

constant throughout the pr

The electronic 

Commission is seekin

the contractor sce

terminals at the Comm

and retrieval Th

electronically filed is b

the industry Transport

and will emphasize ta

as under the presen

basically equivalent t

paper tariffs and can b

to issue an entire rev

As recommende

Committee standardiz

will not be mandated 

must have the capabi

the appropriate time 

essential terms of ser

Full implementa

to allow commercial f

Exemptions at least 

types of tariff filers wh

the electronic system

The system will 

existing computer equ
for full connectibility 

primarily by using 

microcomputers dialing 

Commission sdatabase T

online edit checks to ensu

correct and that basic sta

with before the tariff can 

checks for example will b

improper effective dates 

than 30days notice Othe

is warranted such as 

provisions will still have 

staff and if necessary res

The system computer cap

this process also

The ATFI system w

mechanisms to protect the 

Tariff filers will be 

tariff materials by remot

system by carriers or confe

The carrier or conference 

tariff so that the approp

Commercial tariff services 

carriers and conferences 

into the database after cre

their clients or transfor

electronic form The 

commercial tariff services 

find it difficult to file elec

Once the tariff da

Commission will downloa

files formatted onto com

to any person at the relat

6
of

statutory

dissemination

duty of prov

T

charge In order to k

rapidly changing frei

however interested p

database tapes freq

subscription service to 

The Commissio

processing of the tarif

in competition with 

expected that those se

tapes to facilitate t

Commission must h

tariff data internally fo

purposes and will co

available valueadded 

for this purpose

In order to carr

making tariffs and e

available for public 

continue to have a 

headquarters in Wa

persons can access a t

particular tariff will 

scanned to find the 

copies of tariff data 

request especially fo

tribunals for proceedin

tariff rates Inquiry on 

1987 52 Fed Reg 45

Explained in the Noti

draft RFP was remote acce
modem almost any time 

information by any interes

October 28 1986 Feasibil

b Retrieval an

Commission wou

a member of the 

automated tariff sy

example the system 

Coast to retrieve da

using a terminal or m

ie a modem to 

public telephone line

However mem

be able to perform r

essentially no analysi

of the public would 

a time in its full for

user would have t

particular carrier tha

not be able to se

community

Commission ha

a careful analysis 

precedents Commis

thirdparty services 

retrieval and analysis 

and others in the pr

tariff automation e 

make available copie

only if they can spe

user fee is assessed 

not expand these 
implemented 

ensure that thirdparty 

Pages IV8 and 9

While the Commissio

the proposed features and 

system a draft RFP was 

Firms and individuals on 

submit their questions on th

and to attend a presolicitatio

facetoface questioning

In April 1988 the Co

Automation Inquiry 53 F

rationale for the features an

I REMO

While the Commissio

RFP it became aware of 

Subcommittee on Informat

OMB Their concerns re

remote retrieval As note

to allow the shipping public 

to an individual tariff of a 

access to one tariff at a 

sophisticated searches Que

on an apparent perception 

with existing or intended va

sector firms In June 1988 

commitment to tariff autom

of the system on hold to re

53 Fed Reg 22048

During the period Ju

reassessed the functionality 
the area of remote retriev

with officials of Congress a

revisions were made to 

exigencies and legal req

Commission issued to som

draft RFP for comment on 

the Commission remained 

remote retrieval and stated 

draft RFP

The remote retrieval 

Accordingly this dra

retrieval question stil

the final RFP

After much analysis a

decided in December 198

system with remote retrie

Automation Inquiry the Co

The controllin

functionality of its A

properly considered 

such as 1 the syst

other members of the 

role of privatesec

Commission believes 

In October 19

heard of any comp

privatesector contrac

of the Feasibility of 

report accurately des

the ATFI system in t

sector firms to full

submitting proposals 
and discussed by the 

Committee at the tim

remote retrieval

More importan

Commission and the A

Study Report subop

functions as an a

information firms

Commission doe

party services for the 

and analysis of tariff d

in the private market 

Accordingly the 

allow the general p

rudimentary retrievals 

of the data

In consideration 

Commission and the a

to properly perfor

accommodation appea

The shipping pu

modern technology by 

tariff data on a limite

services the utilizatio

filing and retrieval c

efficient tariff filing a

fair competition and f

Accordingly an

Commission believes t

policies and conflicting 
system and has struc

functionality of AT

Feasibility Study an

December 23 1988 

With respect to retrie

No 102582 46 USCap

established new criteria fo

Section N Update on Rem

J CONTRACT AWA

After receiving many 

RFPs and after resolving 

Commission issued a fina

potential offerors on the 

received in March 1989 an

cost effectiveness

On August 8 1989 

Phase I System Con

requirements and Phas

Research Corporation PR

Virginia teaming with Dat

Pittsburgh Pennsylvania w

as the best cost proposal

The contract for the 

options for each subseq

Testing Prototype Oper

Operation If all options 

worth approximately 7M

Work on Phase I beg

fiscal year 1990 the Contra

as Phase III Developme
year Commissioner Donal

charge of the Commissios

Processing ADP Committ

The system Prototyp

1990 As required by Clau

contract the Contractor r

developed by private indust

be incorporated into the A

The survey identified only 

being developed by D

requirements of the system 

that it would be a decided 

At about the same tim

the contract the Contract

some other changes mostl

improve the system One 

substitution of a new mod

planned mainframe compu

sufficient capacity but signif

interface screen navigation 

submitted a proposed mo

changes and Delegation of P

from GSA for the modifica

Since DXI contemplat

for its proprietary software 

donate the software to the 

agree to a cosponsor appro

Regulation FAR at 48 C

its enhancement and relin

Commission Thus the ne

protect DXI s rights in th

escrow arrangements The 

one year warranty after it 
complete access to the und

thereafter

Under the license a

copyright notice as fol

International Inc Unpub

copyright laws of the Unite

and 5222714 The Comm

this or any other commerc

prime contract requires 

performed by an affiliate 

separate from contract 

cosponsored approach al

27408 and as implem

arrangements complied w

101st Cong 1st Sess 56 1

in establishing the ATFI 

steps to ensure that the p

gaining an unfair advantag

provision of valueadded 

contract was modified to 

The last optional ph

towards the end of fiscal 

seek proposals on a new 

maintenance of the ATF

intends to explore adding 

making ATFI more e

enhancements resulting fr

K DO

On August 1 1990 t

9023 in which it issued 

NOI Advanced Notice 

further public comment o
considered for ATFI and ho

tariff practices

On September 5 199

system was held After be

seeing the system public com

by 22 firms in October 1990 

On December 26 1990 the 

Report First Interim R

comments and resolved the 

On March 25 1991 t

Interim Report Second In

concerns of four Electronic 

raised in their testimony at 

authorization hearing held 

Subcommittee on Merchant 

on Merchant Marine and Fis

to the Commission on Mar

Report clarified the matters 

the extent possible and r

Guide is all that any pe

development of its own hatc

The Commission sThir

Report in this proceeding 

notice of availability appea

35847 and finalized most o

August 1990 NOI so that a 

could he issued The addition

commenters in this proceed

comments were invited on th

modified approach to the Har

transition plan
The proposed rule 

Contracts was issued on 

46044 as a new Part 51

for comments being Oc

information to the propos

the Commission sreport

policy issues listed in the 

CFR of portions of pr

established and all tarif

format Part 514 will b

covering tariffs and serv

currently governing var

contracts will be remove

550 580 and 581

The proposed new 

traditional regulatory pol

new electronic system 

functionality the propose

features

The Harmoniz

modified for A

and codifying 

The essential 

tariffs themsel

database form

Assessorial c

algorithm ma

In order that the pu

of ATFI for filing ando

important materials the 

portions of the proposed 
1991 56 Fed Reg 61164 

comments to the entire prop

As suggested by the 

comments were invited an

conducted by the full Comm

consideration of all the comm

proposed rule in an interim 

Reg 36248 The interim 

issues as follows

The Harmonized 

was changed fro

preferred withou

As suggested by th

of service contrac

vis the database 

some degree of st

and with the fin

another round of 

Algorithms need 

possible assessor

pre determinable 

algorithm require

for linking textu

TLI ie the 

linkage Under 

terms no algorith

Further comments we

publication especially on s

essential terms As a result o

ATFI Amendments were iss

Reg 25 effective on Februa
rounds of comments in 

Interim ATFI Amendm

electronically filing essen

in fulltext format 

retained such as the nu

required terms the new 

flexibility in filing and the

file On the other han

retrieval more difficult fo

decision may have to be 

The two 1993 round

rules addressed almost 

rather technical or opera

addressed and resolved t

L BATC

The proposed refin

issues contained in the f

also required revision of 

Reference Tables Transa

1990 The NOI in Dock

Commission would not ma

software but would distr

reference tables in a batc

and transfer of tariff data 

the development of their 

Accordingly the Fir

in Docket No 9023 appe

containing inter alia tran

dictionary and code refe

the Batch Filing Guide 

reflect major system imp

attempting to provide the 
of such changes as possible 

Guides such as the ATFI F

revised when necessary a

subscribers This process is 

the life of the system

M MISCELLAN

Information Bulletins 

containing Technical Questi

April 10 1991 and Septemb

1991 technical meeting for 

year 1992 three more techni

0692 and 0792

Upon the resignation 

Quartel in early fiscal year 

was appointed by Chairma

charge of the Commission s

project

Certifications of firms 

late fiscal year 1992 There 

firms many of which are as

convert their tariff matter to 

On February 11 1992 

implementation previously 

have to he postponed as a re

of FMC headquarters Wh

would take place in August 

and Order in Docket 9023 is

a new implementation sched

in by tradeareasoperations 

1993
The implementat

December 17 1992 at 

republished on May 28 

schedule provided that th

at different times in cale

conferences operating in 

trades then those in the 

trades the North 

CentralSouth America tr

trades Finally the sched

electronic filing of all ess

Many filers were not re

time Others have not me

themselves named in or

should not be canceled fo

Even with the ex

continued to target Dece

which all filers should be 

Meanwhile new Pa

established by the rulem

sufficiently finalized to 

especially the new filers 

ATFI User Guides Batc

and ATFI System News 

change involves the addit

locations

Additionally 46 CF

tariffs and service con

implementation of ATFI 

nonATFI related purpos

AntiRebate Certification

not directly involving elec

of Part 514 include Dock
Contracts 57 Fed Reg 4631

Regulations Exemption Und

1916 57 Fed Reg 4469

Requirement for Tariff Increas

Exemption Under Section 35 

Reg 44504 and 9237 Fina

Operating Common Carriers 

New rules directly re

requirements are the Electron

No 93 01 of May 17 199

Implementation of Section 50

No 9303 of May 27 1993 

more detailed analysis of the 

N UPDATE ON 

DECEM

Since the 1986 Feasibil

above the Commission sA

accommodate remote filing 

modems to and from the offs

However to avoid compe

services the design origina

remote retrieval such as the 

information one tarifat tim

A similar restriction wa

No 101 92
The Commiss

on the system to l

person

Congress explained this 

Concern has 

accessibility of the 

In particular the re

public to dial into 

particular carrier s

given trade

At the prese

reasonable contro

offered because the 

implemented Ho

possibilities are rea

could be limited to 

full format and the 

tariff of the partic

alternative specific 

imposed and autom

3 Additionally subsection

August 16 1989 46 App USC 

Federal Maritime Commissio

electronic copies of the Autom

are made available in bulk in 

the Commission shall assess re

section 552 of title 5 United St

shall provide that any inform

Information System that is ma

or disseminated by any person 

additional fees or royalties
limitation or a combi

requirement discussed 

101st Cong 1st Sess

While the ATFI 

developed the Comm

built into the design T

of a limitation on acce

the total amount of tim

logoff feature Som

assist in preventing 

features and prevent a 

single entity S Rep 

Both the House Merch

Committees also requeste

developments on reasonab

Update on Remote Acc

Commission s28th Annual 

and the practice has continu

In addition to the f

contained in HR Rep 173 

162 the Commission sfisca

In implementing th

the Commission to de

December

The Update

1990 Interim

on Remote

Report

Retri

in 

Ocean Freight Tariffs in Foreign and 

ATFI Notice of Inquiry with app

1991 through 1993 the Commission 

public comment as well as public 

Prototype Phase
that ATFI will not 

of information se

Feasibility Study r

system should be 

analysis of the d

governing the system 

to access the system 

automatic logoff

S Rep N

added the wor

language is id

The ATFI Contr

staff had developed r

governing remote acces

Congress as described a

further modification as r

after experience during 

regulatory requirements 

enactment of Pub L No 

below

It is still intended 

off for any kind of mode

inactivity This is similar 

access services

For remote retriev

specification by the user 

accessed after consulting 

identify the soughtafter 

functions such as comm

item on the screen
Because tariffs will co

sections governing the applic

the same tariff also may be 

tariff filer has a separate 

instead of an allinclusive s

types of governing tariffs als

the same session There is no 

atatime other than that di

the system itself

The original design had 

automatically loggedoff a se

as 30 minutes The period 

sufficient exploration of all 

another TLI if there was a 

After experience it was inten

adjusted upward or downwa

Software and instructio

to assist in correcting as m

tariffs are filed This should 

order that a carrier can deter

successful however it will b

own filing and to consult a 

for this purpose The fewer 

concerned

The ATFI system de

identification and monitoring 

taken to prevent access abus

The Commission sinte

1992 and January 4 1993 in 

Contracts have addressed rem

submitted by the public
On November 2 

Pub L No 102 582 se

1707a repeals section 2 o

USC 1111c see ab

restrictions on public retr

the ATFI system

Accordingly on Feb

a notice of proposed 

Implementation of Sectio

public comments were su

was issued on May 27 1

1993 In addition to r

retrieval the new law 

contained the following m

Electronic fili

September 1 

The Commiss

data electron

quantity or o

A fee of 46 ce

1 Direct 

the lowe

of 50 cen

5 The original ATFI d

automatically logged off a sess

The period of time established 

applicable rules and perhaps a

the first TLI After experience 

adjusted upward or downward 

not allow such a limitation
2 Subseque

of ATFI d

tariff servic

Commissis

thirdparty 

ATFI data

approval a 

fee from th

monthly to 

1993 three 

accountingc

Because no

effective b

however th

access to 

otherwise

The statutory 

automatically on 

The Commission will c

on the issue of remote retri

T

FOREIGN SHIPP

O

A TH

The Omnibus Trade a

enacted by Congress and eff

on August 23 1988 contains 

Shipping Practices Act of 19

The FSPA directs the 

conditions affecting US ca

trades which conditions do 

USeither under US law o

or others providing maritime 

US

B ACTION

The Commission did n

FSPA in fiscal year 1993 Alt

proceedings in 1992 the Co

carriers to file periodic status 

in the Japan Taiwan and PR

Other actions 

restrictive foreign trade pract

the 1920 Act and are 

part Significant Operating 

Office of the General Couns
the Commission is mon

commitments to resolve 

can institute new proceed

it determines that suffic

address any outstanding 

operations overseas

In the Japan trade 

reports regarding the ter

Fund The Commission is 

fund to ensure that mon

projects from which US 

some benefit

Throughout the fis

reports from US an

developments on liberali

The Commission is mo

amend Taiwan shighway 

their ocean containers in

Legislation has been intro

At year s end legislation 

carriers remained pendin

In discontinuing its 

PRC the Commission 

concessions and commitm

number of the practices u

Commission however r

matter of inland trucking 

monitor developments d

carrier reported that it 

trucking service in the P

Notwithstanding the pro

US carriers again rais

concerning tariff recogn
US and PRC held interg

renewal of the USPRC bil

expires December 15 1993 

were the trucking and tariff 

the issues was made at the 

scheduled for later in the 

following closely the progr

during the second round of 

C TOP TWENTY 

TRADING 

Section 10002 g 

Competitiveness Act of 1988 

annual report to Congress a 

which generated the largest 

for the most recent calenda

United States

The data used to der

twenty partners were furnish

Census The Census data 

tanker and dry cargo servic

that type of service offered b

on berth The itineraries a

liner service are predetermin

to the Commission by Censu

liner shipments in accordanc

The export data are c

Export Declarations the im

import entry and warehouse 

documents are required to be 

These data are subsequently 

and import statistics exc

possessions shipments of m
imports of vessels thems

military household good

supplies intransit shipme

The most recent 

available to the Commiss

on the next page indicate

generated the largest vo

bilateral trade with the 

represent each country s

thousands of long tons
Top Twe

Trad

Rank Country 

1 Japan 

2 Taiwan 

3 China PRC 

4 Republic of Kor

5 Germany 

6 United Kingdom 

7 Hong Kong 

8 The Netherland

9 Italy 

10 France 

11 Thailand 

12 Belgium 

13 Brazil 

14 Indonesia 

15 Australia 

16 Spain 

17 Venezuela 

18 Philippines 

19 Malaysia 

20 Singapore 

Source US Depart

Figures listed above 

Census and are sub
The same countri

cargo trading partners i

Taiwan ranked first and 

continued its ascent by o

become the third larg

Rounding out the change

position ascent by the N

descent by Italy 8th to 9

Of the remaining 

partners only Brazil and 

in 1992 In positions 1

changed places in 199

Belgium while Indonesia 

in positions 14 and 15 T

places in positions 17 an

position in 1992 Malay

time in 1992 replacing S
SIGN

OPE

ACT

ORGANIZA

A OFFICE OF 

1 General

The Office of the Secre

all matters submitted to and 

the Commission According

preparing and submitting re

matters for consideration by th

maintaining the minutes of ac

these items receiving and 

complaints involving violatio

other applicable laws receivi

applications and applicati

administrative errors in serv

notices of actions of the Com

and records of all form

communications petitions n

legal instruments in administ

served on the Commission or 

administering the Freedom o

Sunshine and Privacy Acts re

from the Commission staff m

issuing publications and 

documents of the Commission 

volumes of Commission de

copies of the Commission s

responsible for approving or 

The Secretary s Offi

development of rules desig

complexity of formal proce

implementation of legislative 

During fiscal year 1993
The Commiss

decisions co

Another 23 fo

dismissed wit

of an Ad

administrativ

The Commiss

applications 

claims sough

During the s

final rules in 

Six rulemakin

were pending 

the year F

anticipated in 

Special Dock

proceedings d

2 Office of Inform

Informal Docket

This Office coordin

system throughout the Co

and information request

Recoveries to the gener

other savings attributable 

amounted to 156 282 

complainants recover ov

The Office coord

industry representatives a

materials and informatio

During fiscal year 1993 

telephone requests and in
with members of the Preside

s

which it participated through

In addition the Office 

adjudication of reparation cla

shippers against common ca

foreign and domestic offshor

claims must be predicated up

1984 Act or the 1933 Act M

this program constitute s

adjustments arising from alleg

a significant number pertain 

effects shipments During fisc

while 12 pending cases were 

year During the same perio

concluded by the Office while 

There were 10 pending cases 

During fiscal year 1993

The Office particip

discussion and wo

federal consume

exchange inform

techniques and 

information proce

The Office succes

claims involving s

an untariffed 

transport The 

inflicted serious 

individual shippe
The Office pa

congressional 

years to inf

available com
B OF

ADMINISTRAT

1 General

Administrative Law Jud

the receipt of a complaint or 

Commission sown motion

Administrative Law 

administer oaths and affirm

offers of proof and receive 

depositions to be taken when

served thereby regulate th

conferences for the settlemen

consent of the parties dispos

matters make decisions or re

other action authorized by 

Administrative Procedure A

At the beginning of fisc

pending before Administrativ

twenty cases were added 

remanded to Administrat

proceedings The judges held 

38 days of oral hearing in pha

No 8926 formally settled 

discontinued sixteen proceedi

in formal proceedings and o

docket
2 Commission Act

The Commission rev

eight formal decisions 

administratively final

3 Decisions of A

proceedings not 

Save On Shipping Inc 

Authority Docket No 

This proceeding co

Alternate Port Service 

No 2 FMCF No 9 

withheld

The subject com

including two from the M

to Jacksonville Florida 

PRMSA to Puerto Ric

Texas moved overland t

by water PRMSA to P

As to any reparat

times these seven shipme

by the Commission Thu

future practices of respo

PRMSA did not of

any direct service from 

PRMSA did not offer a

Houston to Puerto Ric

service to Puerto Rico f

Orleans
The limited record larg

Miami These two shipment

from

terminal

the

at

dock

Miami

and

but

not

from

fro

Florida East Coast Railroad 

In PRMSA stariff Alt

in part to be

a From a port within 

which cargo is tendered 

this Tariff where Carr

call

The initial decision fo

service must not allow a wat

not to provide such indir

shippers This decision did 

could be an alternate se

service

It was concluded that t

so as to avoid the possibility 

among similarly situated sh

the PRMSA Alternate Port 

unlawful

4 Pending Proceeding

At the close of fiscal y

proceedings of which 2 we

Commission The remaining 

filing of complaints or app

water shippers conference

terminal operators trade as

C OF

THE GENE

The General Counse

Commission This includes 

recommendations for Comm

rules to implement Commis

decisions orders and regula

In addition the Office of the 

or oral legal opinions to t

general public in appropria

detail below the Genera

Commission before the court

Commission sinternational 

1 Decisions and Rule

The following are 

Office

representative of matters pr

Motor Vehicle Manufactu

States Inc and Walle

Application for Exemption 

the Shipping Act of 1984 

of Passenger Vehicles P

1002 July 8 1993

The Commission receiv

from the requirements of se

essential terms of service co

available in tariff format a

situated shipments The pe

the carriage of 5000 or mo
the original manufactur

vessels The Commissio

their burden of demons

criteria had been met and 

found that a fuller ex

warranted and referred 

judge for an evidentiary 

Petition ofEvergreen M

and Worldlink Logist

Petition No P692 

The Commission de

order concerning the enfo

provision The Commiss

intended to provide guida

and who desire an opinio

instant case the carrier h

was seeking a ruling on t

Actions to Adjust or 

Shipping in the United 

9242 58 Fed Reg 5

In response to a 

DCL a California NV

of the 1920 Act the Co

meet or adjust conditions 

in the USROK trade 

firms were prevented fro

forwarders in the ROK 

Transportation Business A

in the ROK of a maritim

NVOCC or freight forw

owned by ROK citizens o
citizen The Commission 

existence of conditions unfavo

ROK Act The rule would h

freight forwarder which is m

citizens the tariff of each N

business is in the ROK 

USROK trade from payin

or brokerage on shipment

However based on com

Government in bilateral sh

remove nationalitybased re

US forwarders and NVOCC

the Commission delayed the 

imposed in the final rule 

subsequently further delayed 

1993 The proceeding was dis

based on actions by the ROK 

open the trade to US freigh

Financial Responsibility 

Common Carriers Dock

January 22 1993

The Commission issue

Non VesselOperating Comm

specifies the conditions under 

insurance and guaranties as e

responsibility

Notice ofInquiry Concern

Docket No 92 35 26 SR

and 26 SR632 Novem

Pursuant to a Notice of 

public comment on six issues 
contracts The Commiss

of these issues deciding 

filing of tariffs and s

commodities retain curre

of the statements of ess

define by rule the term 

require conferences to ha

The remaining issue 

initiate a rulemaking to p

a percentage of a ships

comments the Commis

proceeding primarily bec

requires a shipper comm

of cargo The Comm

changes should assist sm

Amendments to Servic

26 SR553 Octob

On October 8 1992 

to allow the parties to a 

contract sessential term

the carrier and the 

commitment The intent 

service contract system 

more like ordinary co

similarly situated third

provisions in the rule stat

had accessed the contra

option of either contin

accessing the amended 

shippers who had not p

access the amended c

minimum cargo volume 

to the duration of the a
Actions to Address Advers

States Carriers in the Unit

China Trade Docket 

February 19 1992

The Commission initi

FSPA into certain conditions 

operations of US carriers in 

were full branch office sta

PRC recognition of US c

intermodal and related ser

Subsequent to the issuance 

commercial and intergovernm

resulted in apparent resoluti

for trucking rights The US

termination of the proceedi

prior complaints about truck

terminated the investigation 

information pursuant to the 

unresolved matters and the i

the commitments and libe

Commission continues to mo

Actions to Address Advers

States Carriers That Do N

the United StatesJapan 

Order Discontinuing 

Reporting 25 SR15

Based on carrier resp

information concerning char

Japanese ports in the USJa

a fund known as the Japan Ha

the Commission initiated a 

FSPA The proceeding was 
based on the US ca

agreement had been reac

adverse effect of the Fu

Japanese Minister of T

discontinued after March 

continues to receive filed 

of the Fund and continu

practices in Japan

Consumer Electronics 

North America Eastbou

91 17 26 SR766 

In a complaint pro

shippers association the C

conference sfailure to of

with the exact terms desir

of sections 10b2or 

Seacon Terminals Inc 

No 9016 26 SR

This proceeding wa

filed by Seacon Termina

Seattle Port alleging 

Seacon from the Port 

discriminated against Se

favorable lease terms all 

administrative law judge 

finding that Seacon fai

dismissing the complain

Commission On April 

Report and Order adopt
Memphis Forwarding Com

ofSection 19d4ofthe 

No 9013 26 SR83

The Commission institu

whether Memphis Forwardi

licensed freight forwarder r

of section 19d4of the 1

having a beneficial interest in 

for which service it collected 

law judge found in his ID 

violations to have occurre

Commission adopted the ID 

to have occurred but revers

light of the existence of mit

2 Litigation

The General Counse

litigation before courts an

Although the litigation work 

Commission upon petition fo

US Courts of Appeals the 

in actions for injunctions e

actions to collect civil pen

Commission sinterest may b

The following are rep

the Office

United States v Merritt a

No 92 6123 2nd Cir J

Martyn Merritt appeale

District Court for the Southe
the Commission sdecis

Commission had assessed 

Merritt individually joint

Group Inc and othe

companies charged with m

1916 Act The US Cou

affirmed the District Cous

the Commission sorder co

to the US Courts of Ap

Court of Appeals affirme

the Commission that subs

in defense of an action to 

under the 1984 Act In th

continuing orders of garn

assets were entered on Ju

FMC v Wilfredo Garc

W Garcia Forwardin

District Court Middle 

Action Number 3 CV

On December 7 19

seeking a preliminary inju

violations of the 1984 

Commission administrative 

The defendants violated 

deceit and other unlawful 

booking or attempting t

carriers and NVOCCs u

forwarders without their 

financial gain from their 

fictitious names to conce

District Court granted th

information that defendan

Commission filed a Mot

Alleged Contempt for V
District Court entered a Stip

among other things prohib

provisions of the 1984 Ac

enjoins defendants from e

transportationrelated activ

injured shippers and term

telephone numbers Defenda

allegations and violations in 

3 Legislative Activitie

interests

The

in

General

all matters

Couns

b

commenting on proposed 

preparing testimony for Com

to Congressional requests fo

On November 2 1992 

Driftnet Fisheries Enforcem

Section 502 of this Act req

terms of service contracts 

electronic form and establ

minute of computer access 

and an additional 46cent ch

ATFIderived data maintaine

4 Significant Ongoing 

Actions to Adjust or Me

Shipping in the United Sta

91 24 26 SR585 No

The Commission dete

proceeding to address cert

operations in the USRO
operation of ROK law S

from engaging in truckin

directly contracting with 

commitments made by the 

resolve most of the issu

1991 suspended further a

additional comments fro

May 1992 Additional c

solicited to address inter 

the summer The Comm

comments that unfavorab

US carrier trucking op

accordingly issued a fina

voyage on ROKflag ve

sanctions were suspended 

of ROK Government com

restrictions US and R

periodic reports advising 

liberalizing ROK restricti

Actions to Address Adv

States Carriers in the 

Docket No 9144 2

This proceeding un

Commission to investig

unfavorable to shipping in 

Taiwan Authorities restr

Specifically the proceedin

operate offdock containe

register chassis lease emp

agency in Taiwan

Substantial concessio

during the course of the pr

of the container leasing sh
terminal issues The rem

resolved at the close of the s

investigation was the lack of 

Accordingly the Commiss

constituted an adverse cond

to impose sanctions in reach

noted that legislation to 

introduced by the Taiwan 

Yuan that the majority of t

were satisfactorily resolve

themselves requested that n

The Commission orde

serving the trade to report 

resolving this issue by Nove

After reviewing the c

noted that the anticipated 

restrictions has not been ena

schedule for passage of such 

directed the US and Taiw

further reports to the Com

legislation to liberalize Taiws

pending

5 Foreign Shipping R

Matters

The Commission has t

foreign shipping practices un

the FSPA These statutory 

make rules and regulations g

to adjust or meet condition

address adverse conditions 

trade which conditions do n

US
During fiscal yea

submitted several report

Commission on matters 

trade See Docket N

Commission discontinued 

rule regarding ROK res

from establishing forward

The Commission found 

and regulations to open t

foreign investment The r

the Commission in the RO

companies ability to own 

in the ROK Also a f

Commission for relief u

efforts by the ROK Gove

operation in the US wou

Korean freight forwarders 

US and doing business w

Although the Com

proceedings last year on

91 19 one in the PRC t

the Taiwan trade Docket 

certain named carriers 

conditions in those tra

Commission is monitoring 

to resolve outstanding iss

new proceedings regardin

that sufficient progress 

outstanding issues advers

overseas

The Office also pa

international maritime d

advisors to the Interagency 

members include represe
Transportation State Com

of the USTrade Represen

and participated in briefin

European Commission offic

Another responsibility 

and verification of controll

1984 Act Common carrier

foreign governments are re

filing requirements under th

and makes appropriate rec

regarding the status of poten

in conjunction with othe

monitors the activities of 

1993 the Office reviewed d

to the controlled carrier s

recommended that the Co

controlled carriers

D O

EQUAL EMPLOY

The Office of Equal 

applies knowledge of Feder

concepts procedures and re

comprehensive program of e

Office works independen

Chairman to provide advice 

in improving and carrying o

discrimination and affirmat

The Office is resp

planning special emphas

processing and adjudication 

assigned EEO counselors 

Coordinator

The Office works clos

Personnel managers and su

Improve recruitm

minorities and 

conditions in the 

Provide adequat

Facilitate early 

problems

Develop program 
The Director Office 

employees who raise alleg

the investigation hearin

resolution of such comp

rejects formal complaints 

decisions for resolution of 

evaluates the program sim

Significant accomplis

following

1 Continued to provid

2 Planned developed 

and external special emp

participation

3 Provided briefings to 

the Civil Rights Act of 19

4 Resolved all inform

resolution program which 

settlement costs

5 Provided extensive 

supervisors and employee

6 Continued to utilize 

the agency to upgrade the 

administrative staff and E

7 Assisted the Directo

conduct of management re
8 Developed workshop 

executives district directo

Counselors

9 Resolved several sensit

the Commission

10 Began the developme

administrative dispute reso

planning groups across gov

11 Continued to improve 

Federal agencies and the co

programs in the special e

community groups

During fiscal years 199

its existing programs and ini

management and employee 

and responsibilities

E OFFICE OF IN

The Office of Insp

Commission was established 

Act of 1978 which was a

additional statutory inspect

entities including the Comm

It is the duty and resp

Provide policy 

supervise and co

relating to the 

operations

Review existing 

regulations relat

and operations 

concerning the 

regulations on t

the prevention a

the administratio

and operations

Recommend poli

or coordinate 

financed by the 

promoting eco

administration o

and abuse in 

operations

Recommend polic

or coordinate rela

and other Fed

governmental a
agencies with r

promotion of 

administration 

of fraud and 

administered o

the identificatio

any fraud or a

Keep the Cha

currently infor

other reports c

problems abus

administration 

administered 

recommend c

problems abus

the progress m

action

In fiscal year 1993 th

two operations reviews 

Bureau of Hearing Couns

New York the Commisss

security features incorpo

addition the 010 comple

activity without initiating a

formal investigations were 

Two of the audits 

scope

Bureau

and

of Hearing

impact

Counse

The 

with the receipt review a

involving violations of the 

the Commission The AT

features built into the s

recently went online at th
In fiscal year 1993 the 

with management to imp

operations This aspect o

increased emphasis in fiscal 

the various initiatives set f

Review NPR

As required by the G

peer review of the Commisss

fiscal year with satisfactory 

The Inspector Genera

of the Executive Council on 

and serves on a number of c

In fiscal year 1994 the 

of significant audits as well 

followup reviews Inves

necessary The NPR recomm

on the type of work that is c

this work is conducted Th

will continue his participati

forum for the exchange o

community

F OFF

MANAGIN

The Managing Dire

responsible to the Cha

coordination of Commissio

Bureau of Trad

Bureau of Tari

Bureau of Hear

Bureau of Inve

Bureau of Adm

and thereby implements 

Commission and the adm

the Chairman

Also the Managing 

guidance to the

Office of the Se

Office of the Ge

Office of Admin

and administrative assistan

Office of Equal 

Office of the Ins

This has been establis

achievement of Commissio

In addition the Mana

and Management Inter

Commission and the Offi
Managing Director is t

Executive its Designate

Management Official and 

Officer

A Deputy Managing 

Managing Director superv

as Contracting Officer fo

ATFI is coordinated by the 

by a member of the Com

recommendations to the 

forwarding to the Chairma

A significant achieve

1993 was the continued 

enforcement program invo

preliminary investigative cy

were implemented The O

of the review and updating 

In fiscal year 1993 the 

ATFI began accepting elec

scope on a staggered sche

all tariffs are to be filed 

calendar year 1993

The Office is curren

1 Guiding the impleme

under Commissioner Hsu s

2 Managing the Com

s

President sdirectives and 

government and managem
3

enhanced

Continuing

enforcement

its

prog

coo

4 Directing all staff eff

practices of foreign governm

5 Coordinating the revie

orders

The Office skey objec

are the continued coordina

implementation of ATFI in

process for a new ATFI con

efforts to address restrictive 

and the enhanced enforcem

action to implement Presi

streamlining and manageme

efforts with respect to t

regulations

G BUREAU OF T

AND 

1 General

The primary function 

and Analysis is to plan d

related to the oversight of co

by water under the standar

The Bureau smajor progra

Administering 

programs to iden

commercial and 

UStrade in ord

staff apprised of 

trends and r

waterborne liner 

Conducting sys

activity

administration

in area

o

Developing eco

support of 

responsibilities

Processing and 

marine terminal 

Providing expert 

formal proceedi

foreign shipping 

rateofreturn ca
2 Surveillance

An integral part of t

1916 Act and the 1984 A

carrier activity and trad

surveillance activities is to 

US trades comply wit

applicable Acts and the re

that end the Bureau a

projects designed to appr

conditions keep abreast o

industry and maintain effe

pricing activities

For a description of 

fiscal year 1993 see the S

3 General Economi

In addition to resear

to its monitoring projec

expertise for a variety 

economists prepare testim

and FSPA cases They als

Commission rulemakings 

for senior agency staff

Projects the Bureau 

1993 included 1 a rateo

the Hawaii trade 2 an 

section 15 order regard

cooperative working agree

3 monthly reports on the 

regulatory analysis of the i

ATFI system in terms of m

analysis and whether ATF
impact on a substantial num

analysis of the impact of 

system including the added 

section 502 of Pub L No 

Commission stariff review 

a variety of inquiries and co

and shippers on a wide rang

antitrust issues the level 

accessorial charges rate di

regions service contract issu

and advisory comment on 

estimates 9 a report to co

ofreturn methodology in t

10 research for and prepa

senior Commission officials

4 Types of Agreemen

a Conference and 

Conference agreeme

discussion agreement and e

and practices by groups of 

are Limited to a geog

Interconference agreement

conferences

During fiscal year 

processed 111 conference 

including modifications to e

Act There were 66 

interconference agreements 

year
b Pooling and Eq

Pooling agreements a

carriers in given trades 

apportionment of cargo 

increased efficiencies throu

These agreements often se

requirements aimed at i

Equal access agreements s

access to cargo that is 

reciprocal trading partners 

quotas or other restrictio

Twelve pooling and

amendments to existing a

1993 and there were 21 a

end of the fiscal year

c Space Charter 

Space charter agree

crosschartering of vesse

among vessel operators 

agreements are to facili

trades routes beyond that 

to facilitate the rationaliz

to reduce excess vessel 

agreements also genera

sailings and to exchange e

conferences and discussi

charter and sailing aut

agreements

During fiscal year 

agreements and modifica

and 133 were in effect at 
d Joint Service Ag

Joint service agreeme

agreements generally esta

service to be operated by o

a joint venture in a given tr

a single carrier establishes 

tariffs and issues its own 

strictly confined to the au

underlying agreement

Four joint service agre

during fiscal year 1993 and 

effect at the conclusion of t

e Cooperative Wo

Cooperative working a

from discussion agreements 

discuss competitivelysensit

inter carrier operational un

arrangements that do not 

mentioned This category a

agreements One hundred 

existing CWAs were filed in 

CWAs in effect at the end o

0 Marine Termina

Marine terminals ope

entities provide facilities 

interchange of cargo and pa

carriers and for the receipt a

and consignees The Bureau 

processing of certain agreem

industry
During fiscal year 

agreements and agreeme

marine terminal services a

became effective upon 

exempt certain classes of 

waiting period requireme

requirements of the 1916 

Commission sexemption 

applicable statutory req

considered not subject to 

end of the fiscal year 929 

5 Future Plans and 

The Bureau soveral

focus on systematic overs

an emphasis on developin

methods to enhance t

administering the 1984 Ac

The Bureau will co

issues facing the industry 

trades and to analyze fore

of sections 5 6g and 

agreements under the pub

The Bureau will con

share data in key confere

Bureau will track trends i

areas ripe for closer scrut

The Bureau plans to 

program by refining the cu

This program will there

anticompetitiveness genera
of their commercial environm

containing capacity managem

The Bureau anticipates 

will continue in 1994 Dur

participated in monitoring co

the PRC and Taiwan trades 

trade

The Bureau plans to co

developments relative to the 

program The Bureau will co

all controlled carriers in sup

section 9 of the 1984 Act

The Bureau anticip

rulemakings during fiscal ye

the Commission promulgated 

financial information filing r

carriers conference restric

independent action exempti

agreements and rules allowi

financial responsibility of N

The Bureau will cont

newlyfiled agreements to de

raise issues and specific ques

of the 1984 Act or raise gen

will continue to prepare rec

on more complex agreemen

agreement matters unde

Commission
The Bureau will co

agreement filings under 

1916 Act and make ap

Commission for approval 

In support of its m

continue to maintain the 

Process System and the R

develop new programs for 

Bureau will continue to 

Filing of Agreements and 
H BUREAU 

CERTIFICATIO

1 General

The Bureau of Tariffs 

develops administers and a

connection with pricing 

conferences of such carriers 

the foreign and domestic 

reviews and maintains both 

regulations

rejecting those

approves

which fail

or

applications involving reques

administers the NVOCC fi

setting policies and guid

instruments that evidence 

service contracts and essentia

common carriers and conf

notices of intent to reject serv

which fail to conform to C

recommendations on req

administrative errors in the e

and initiates recommendat

offices of the Commission as 

proceedings by the Commiss

The Bureau is also res

freight forwarders under the 

Act and under Pub L No 

and operators of passenger v

to the financial responsibility 

satisfy any Liability incurred 

death or injury to passengers 

Bureau assists in the planni
primary responsibility for 

Commission sATFI syste

Thus the Bureau i

common carriers and m

responsibility for NVOCC

ocean freight forwarders 

operators of passenger ve

The Bureau develo

policies and standards a

to its program activities T

Commission components 

Commission sregulatory 

2 Foreign Commer

a Service Contra

The 1984 Act pe

conferences of such carrie

of the USto enter into s

shippers associations A 

Act as

A contract betwe

carrier or conferen

commitment to pro

cargo over a fixed 

carrier or conferen

schedule as well a

assured space tra

service features the 

in the event of no

party
Each contract entered 

Act must be filed confident

the same time a concise sta

be filed with the Commission 

public in tariff format The 

all similarly situated shipper

The essential terms of 

The origin and d

geographic area

The commodity i

The minimum vo

The linehaul rat

The duration

Service commitm

Liquidated damag

The variables which ca

are almost infinite thereb

significant freedom to ta

suitable to their commercia

1993 the Commission re

amendment of service contra

Service contracts filed w

necessary statutory and regu

service contracts which fait t

and cargo commitments 

liquidated damages provisio
Shippers association

under the 1984 Act a

transportation They are 

shippers which on a non

to secure volume rates o

1984 Act expressly requ

negotiate with shippers 

associations can enter int

members Shippers as

antitrust immunity under 

Report of the Investigative 

No 20 Service Contract N

and Non Vessel Operating 

for a rulemaking proceedin

obligations with respect 

shippers associations and 

65 service contracts we

associations

In fiscal year 1993 

contracts and 2555 servic

entire scope of the US f

outbound Beginning on 

ceased accepting the ess

paper format After tha

terms must be filed in ATF

to the Bureau Director 

correct clerical or adminis

service contracts Based 

Commission denied one 

error in a service contrac

b Controlled Ca

A controlled carrier 

operating assets are direc
by the government under w

common carrier are operate

USC app 1708 provides 

maintain rates or charges in i

that are below a level that is 

such carrier establish or m

classifications rules or regula

such rates charges classifi

controlled carrier may not 

Commission become effecti

the date of filing with the C

proscriptions include rates 

whose vessels are entitled b

most favored nation treatme

The Bureau monitors 

carriers to assure that the req

decreases is given The Bure

application filed by controlle

c Common Carrier 

Every common carrier 

of the USand licensed oce

section 15b of the 1984 

46 CFR Part 582 to file a 

Policies and Efforts to Comba

of the United States This c

Secretary of the Commission 

even numbered calendar ye

Executive Officer of the c

forwarder Section 15bof 

provide that failure to file th

in a civil penalty of5000 fo

In

regulations

addition

provide

to the civil

upon

pe

4
of the tariffs of those 

licenses of those ocean 

certification Furthermo

forwarder license or initia

anti rebate certification 

rejected

A program supporte

is in place to ensure 

forwarders file their certi

December 31 1992 app

filed The tariffs of 61 co

licenses of three freight f

to file the required certif

d Foreign Tariff

Section 8 of the 198

the filing of tariffs by a

foreign waterborne comm

During fiscal year 19

received and reviewed T

In addition approximate

paper tariffs were review

certain database format a

ATFI system The Bure

permission applications C

active tariffs were prepar

Effective on Februa

tariff filings to be in ATFI 

six phases based upon 

tariffs were to be convert

phase which began on Fe

1993 all tariffs applicabl
Pacific trades were to be con

phases applicable to the Eu

AmericanCaribbean and 

opened and closed on a stag

of calendar year 1993

e NVOCC Bonding

During fiscal year 199

the 1984 Act imposing a b

operating in the foreign 

Commission issued regulatio

bond in the amount of 500

the foreign waterborne com

During fiscal year 19

regulations in response to th

Carrier Act of 1991 1991 

amended section 23 of the 

permit the Commission t

insurance or other surety a

responsibility The amended 

coverage

Evidence of financial 

this requirement will be u

transportationrelated activ

Commission pursuant to sec

program approximately 190

are on file
3 Domestic Comme

a Domestic Tarif

Common carriers op

commerce are required p

Act 46 USC app 81

46 USCapp 844 to fi

with the Commission T

tariffs comply with appli

Commission sregulations 

reports of financial and 

common carriers in the do

During fiscal year 1

tariffs were received and r

In addition four domestic 

processed The Bureau a

tariff pages amending ex

which were in a certain 

prototype testing for the C

The Commission cea

effective December 31 1

and existing paper tariffs 

form into the Commissios

b Financial Anal

The Bureau provides 

help ensure the reasonabl

of cargo and other services 

domestic offshore waterb

Bureau also provides tech

within the Commission
The Bureau also mon

domestic offshore commer

the receipt and review of fin

in compliance with 46 CFR 

During the year the B

in rates for the transportatio

Coast and Hawaii Financ

respect to the passenger ve

4 Marine Terminal A

Marine terminals op

entities provide facilitie

interchange of cargo and p

carriers and for the receipt 

and consignees The Comm

of tariffs related to the ma

The Bureau carried o

marine terminal tariffs b

terminal tariff pages filed d

of the fiscal year 511 term

Commission

The Commission ceas

tariffs effective December 

tariffs and existing paper 

electronic form into the Cos

5 Freight Forwarders

The ocean freight fo

persons who in effect hold 

departments for hire Ocea

foreign commerce of the 
transportation of cargo by 

the paperwork legal requ

other incidentals related 

freight forwarders receive 

an export shipment as we

carrier whose vessel is sele

During fiscal year 1

applications were received 

approved 267 application

returned because of variou

a license were withdraw

applications were on han

One hundred sixtyone lice

had their licenses revoke

maintain a valid surety bo

the end of the fiscal ye

operating under the Comms

Onsite compliance in

the Commission seffort to 

forwarders comply with th

and the Commission sre

investigative reports were 

these reports resulted in 

licensees or referral to the 

assessment of appropriate 

were determined to requi

balance were pending rev

6 Passenger Vessel 

The Commission 

sections 2 and 3 of Pub 

817e

regulations

which

found

have

in

been

46 C
the Public Owners chartere

foreign vessels having berth o

fifty or more passengers and e

must establish financial respo

incurred for death or injury t

voyages to or from USports 

for nonperformance of trans

entitled under ticket contrac

Upon submission of evi

accordance with Subpart A o

issue a Certificate of Financia

of Passengers for Nonperforma

submission of similar evidenc

46 CFR 540 the Commission 

Responsibility to Meet Liabili

Passengers or Other Persons on 

amount with respect to no

except for selfinsurers is 15 

to self insurers could be gre

During fiscal year 19

applications for passenger ve

1993 41 casualty certificates 

were approved and issued 

Holders of Pub L No 89 777 

on file with the Commission 

in excess of 330 million for 

casualty

During fiscal year 19

passenger vessel operator 

provide that operators dem

of operation in the US trad

of any claims for nonperform

only net worth standards 
operators qualifying for s

scale provisions of Part 

Certificate Docket N

Requirements for Nonperfo

Self Insurance Qualificatio

7 Automated Datab

The Bureau main

systems These are 

2 Regulated Persons 

4 Ocean Freight Forwa

System contains certain 

geographies and shipper 

The Regulated Persons In

person the Commission 

telephone number and 

Microfiche System provid

which have been microfi

System contains certain 

including surety bond inf

8 ATFI

The Bureau has als

development and implem

ATFI system is a comp

filing processing and retr

transportation of cargo b

and domestic commerce 

in addition to tariff m

electronic filing process

of service contracts Bu

the acceptance testing a

elements of the ATFI sy
The Commission 

February 22 1993 The sys

for the electronic filing pro

domestic tariffs service 

amendments thereto Info

available to any interested 

When ATFI is complete th

to tariffs service contract e

either

To ensure an orderly t

to an electronic form 

implementation schedule f

based on trade areas and o

specified time frame wind

to file There are seven wi

December 31 1993 A num

that they could not conver

contract essential terms by 

carriersconferences filed a 

temporary exemption fr

requirements and requested 

the period of extensio

approximately 75 petitions 

carriers conferences during 

granted all of the petitions

A number of carriers w

June 4 1993 the close of the 

file their tariff sin electro

the Commission issued a

Worldwide Asian and Sout

why their paper tariffs sho

register and file a tariff in A

these companies filed a pet

the Commission The Com
additional show cause pro

convert their paper tariffs 

During fiscal year 1

commodity descriptions a

in ATFI The Bureau also 

registration forms

9 Support Activities

The Bureau acts as 

data sources for other Co

Investigative activitie

and supporting documen

staff Automated databa

Index and the Service Co

data identification purpo

material is retrieved a

Investigations and or the 

The Commission sf

general data lists of regula

office jurisdictions Info

licensed ocean freight 

passenger vessel ownerop

offices This data assists n

serves public needs for in

regulated entities

10 Rulemaking and 

The Bureau initiates 

Commission docketed proc

Bureau participated in de

matters
Amendments to Servic

Commission proposed and 

terms in service contracts t

Free Time and Demu

the Port of New York Truc

Docket No 9229 The Com

the requirements of Part 5

Financial Responsibili

of Transportation Revisio

Standards Docket No 92 5

adopted a rule to allow pas

selfinsurers for performanc

worth

Motor Vehicle Manuf

States Inc and Wallenius 

Exemption From Certain R

1984 for Certain Limited 

Petition No P792 The C

denied petition to exemp

vehicles from the filing req

Act

Service Contract Neg

and Non Vessel Operating 

Investigation No 20 

nonadjudicatory investigatio

service contract negotiatio

experiences of shippers as

to negotiate and execute se

I BU

HEARIN

The Bureau of Hea

counsel in formal adju

non adjudicatory investiga

designated by Commissio

initiated by the Commissio

attorneys where interventi

formal complaint proceedin

1916 Act 46 USC app 

46 USCapp 1710 and 

FSPA 46 USCapp 17

designated Investigative O

proceedings In addition to 

Bureau participates as a p

formal proceedings in ord

affecting the shipping indu

distinguished from issues de

the litigating parties are a

also participates in an advi

Commission rules and reg

may participate in court litig

On request the Burea

Bureau attorneys provide 

Investigations during fi

enforcement reports com

appropriate the Bureau 

violations of the shipping st

compromise and settle civi

those violations If settlem

as prosecutor in formal Com

in the assessment of c

participates in conjunctio
enforcement initiatives suc

Initiative and the Transpa

At the beginning of fi

were pending final resoluti

year 16 new civil penalty 

investigative activity of th

Commission sformal fact 

cases were compromised an

referred for formal procee

were pending resolution o

At the start of fiscal 

eleven formal proceedings 

participated in three n

proceedings in which the B

Accordingly the Bureau 

proceedings at the end of 

At the beginning o

requests for legal advice 

requests for legal advice w

and 73 legal advice projec

legal advice matters w

September 30 1993

As a result of enfo

collected 2063 436 in c

Settlements were reached 

industry eg carriers sh

USforeign trades

In fiscal years 1987 a

two non adjudicatory proc

other rate malpractices 

the North Atlantic trades a
in the transpacific trade

Investigation No 16 was in

North Atlantic amnesty agre

establishment of an ongoing 

North Atlantic trades Fact 

instrumental in achieving si

Pacific cargo interests and N

Additional settlements with 

were achieved in fiscal year 

settlements virtually all of th

have agreed to participate in 

The establishment of tradesw

continues to be an importan

program and for other US

In fiscal years 1994 and 

pursue violations of the sh

advice and support to the C

J BUREAU OF 

The Bureau of Inves

and conducts investigation

common carriers NVOCCs 

and terminals and other pe

statutes and regulations ad

The Bureau maint

Washington DCand distr

New York Miami Hato R

Angeles and San Francisc

surveillance functions ea

Commission within its jurisd

Commission and the maritim

collects and analyzes intellig

assesses industry wide cond

The Bureau investigat

pursuant to major Commiss

In addition the Bureau inve

a local level These activ

conjunction with fact findin

The following prac

investigations conducted by 

Illegal rebating 

rebates by shi

associations

Misdescriptions 

other malpractice

and other person
Activities of oce

to agreements 

agreements a

implemented p

are being carri

acts

Failure by co

tariffs covering 

rates that are 

Commission

s Operating as a

license issued 

statute or regu

The Bureau ssurvei

Review of servic

with statute an

Audits of NVO

Post licensing 

licensed freigh

their operat

requirements

Audits of pass

financial prote

Bureau liaison a

coordination with other 

regulatory information an

shipping industry and t

complaints within a distri
The Bureau assists t

formal proceedings before 

and surveys for use in pr

revision reports trade infor

action

During fiscal year 1

effort to investigate malprac

This initiative involves 

comprehensive review of sh

southbound trades to and 

America The Bureau 

malpractices in the other 

transatlantic transpacific 

and Caribbean trades as we

number of targeted invest

while assessing the efforts 

tradewide self policing me

continues to monitor and i

Atlantic trades as part o

Initiative that began in 198

The Bureau conducte

inquiries including service 

audits of NVOCCs and 

summarizes the Bureau of 

23 investigations were forw

Counsel for enforcement a

During fiscal year 199

review of the tarifffiling an

operating in the US trade

statutory requirements and 

fair competition among NV

district offices are auditing 

were selected for tariff comp
its effort to combat malpra

billoflading information 

ocean freight reductions 

investigated include 

misdeclaration of weight 

service contracts and 

allowances

Coordination betwee

and US Customs regiona

as a part of the Memoran

agencies for the exchange 

fiscal year 1993 the distri

of information retrieval a

activity was facilitated by t

software in the district offic

with Customs regional off

This exchange of investiga

increase in fiscal years 199

in automation and promo

information

During fiscal year 19

its staff with training in 

system An intensive tr

examination was provided 

personnel from the distr

Bureau personnel also c

Customs in the use of t

information Training act

will focus on management 

skills and the enhanceme

Bureau personnel The Bu

of participation in the F

Center s advanced train
supervisory and manageme

personnel

Bureau resources in 

continue to be directed to

major trade routes and the 

unlawful shipping practices 

numerous surveillance ac

audits passenger vessel au

checks NVOCC tariff audit

collection and analysis of in

The Bureau svariou

activities include a series 

intelligence which will as

competitive practices of o

ocean freight forwarders 

authorities Such informatio

problems and the effectiven

The Bureau senhanc

analysis of intelligence p

efficient programs to u

sophisticated and disguised 

continue to seek to enhance 

in the increasingly automa

industry

K BUREAU OF 

Office o

The Bureau of Adm

support to the program op

Bureau interprets governm

administers these in a 

guidelines including those 

procurement financial ma

Bureau initiates recomme

elements of the Commission 

new or revised policies 

regulations with respect to i

Bureau of Administration B

administration and coordina

it Office of Admin

Office of Budget 

Office of Inform

Office of Person

Many of the functions 

reflected in the narratives f

The Chairman has des

as the Commission sInfo

Information Security Office

administering the Commisss

which includes an active 

program to ensure effective 

12356 The Director is 

Advocate as well as the 

Principal Management Offi

SAC and is a member of 

FMC training and developm
within the Office The 

development assistance a

agency provides technical 

Board and coordinates t

Service SES Candid

Training Officer also serv

Committee During the p

of costfree training oppo

and the Department of J

1 Office of Adminis

a General Office 

The Office of Ad

administers a variety of 

principally provide admi

program operations of th

Office is the Commissios

The Office ssuppor

telecommunications proc

services property manage

copying management ma

graphic designs facilities 

transportation The Offics

furnish all necessary supp

in support of the Comms

regulations policies proce

and provision of these sup

FAR the Federal Pr

FPMR the Federal I

Regulation FIRMR 

guidelines
b Objectives

The objectives of the 

Develop execu

procurement act

Government to a

utilization

Control and

main

of property

Develop and co

telecommunicatio

locations to inc

of telecommunic

Plan and admin

the workplace 

utilization opera

including the a

provision of offic

Manage the rece

of all supplies f

support of Comm

Coordinate and 

copying and grap

Regulate the rece

mail

Coordinate the 

facilities with res

parking
Arrange transp

locations

Conduct safet

Commission s

plan

Manage the tr

records

Direct the Coms

and goal settin

Act

c Achievements

During fiscal year 1

Completed pro

offices to acces

Implemented 

program

Coordinated w

additional spa

space to accom

the New Orlea

Completed sp

possible reloca

Office due to t

April 1994 and 

Office due to 

November 199
Negotiated with 

owners concern

alteration requ

accomplished si

Completed the f

Developed and 

plan for the Cos

Established a pro

in accordance 

Procurement Po

Coordinated wit

concerning the i

new guard servic

d Future Plans

In fiscal year 1994 t

following complete the de

concerning outstanding co

contracts for court reporting 

data and ADP equipment 

development and revision of 

all Office program areas 

procurement activities in t

retention restructure the Cs

system and conduct acquis

accordance with the newly 

on procurement
2 Office of Budget a

a General Office 

The Office of Bu

administers the Commisss

including fiscal account

collections and payments 

and expenditures of appr

annual budget justification

OMB develops and admi

provide accountability f

Commission stravel and c

the Commission sImpres

official passports and as

levels of user fees T

Commission sChief Finan

b Objectives

The objectives of the 

Submit annua

to OMB and t

Execute the b

are properly e

Prepare reg

management d

Administer th

employment

Collect all fees 
Process paymen

accordance with 

Process travel 

established time 

Federal Travel R

Administer the 

program and m

management pro

Ensure resources 

waste error and 

is Continually revie

procedures to en

regulations and 

deficiencies

c Achievements

During fiscal year 1993 

Collected and de

fines and penalt

forwarder license 

certification fees 

to routine ATFI 

collected under s

Coordinated and 

estimates for the 

budget and the fi

Participated in 

hearings
Provided the 

Department of 

the agency s p

transfer of emp

well as the ages

Credit Card S

Assisted in t

Industry Asses

Office prepar

as the Civil M

the report on 

Technology Sys

Report Office 

the Annual R

Health Program 

on Financial 

Financial Mana

Annual Promp

on Workyears 

Report on Cash 

Provided mana

on workyears 

Managed the 

management p

Finalized C

Management 

Overtime and C

Order 107 Off

Prepared proc

receipts
Prepared fiscal 

for OMB

Provided trainin

candidates who 

part of their i

plans

Worked with OM

develop proced

Treasury for fisc

design and rei

collections as au

Pub L No 1025

d Future Plans

During fiscal years 199

to update financial contro

management system improv

OMB and Congressional 

Automated Teller Machine 

user fees pursue initiatives 

in budget and financial ope

automating official and loca

3 Office of Informati

a General Office R

The major function 

Resources Management 

information resources m

Paperwork Reduction A

management studi

telecommunications databas
development records 

administration and develo

clearances for submissio

responsible for the comp

management programs T

Contracting Officer sTec

Project IRM Manager 

Security Officer Records 

Coordinator for the ADP 

b Achievements

During fiscal year 19

On ATFI cont

software funct

McLean Virgi

headquarters 

computer loca

accordance wit

FMC and the s

code validatio

requirements c

software accep

of deliverables 

employees and 

ATFI demons

agencies and 

coordinated te

security issues 

systems create

Commission c

Committee and 

ATFIrelated r

served as F

contractor spe
security review 

configuration ma

vehicle for decis

approval of ATF

from the industry 

a computerized 

requirements of 

charges associate

implemented pro

accounting system

secondary use of 

provided assistan

and use of ATFI

Developed teste

Interagency Ema

Upgraded the Cs

LAN

Implemented CD

access and use in 

a Continued to fine

established its in

located ATFI hos

enhance the Coms

In accordance w

1987 s requireme

Contingency Pla

Systems upgrade

which serves as b

system host comp
Performed a 

and retrieval 

recommended 

Reevaluated c

ensure all F

network file se

Completed dra

manual and 

Information S

Coordinated 

between the 

fiscal year 199

Customs ACS

Continued to 

guidance for 

Commission s

fully comply w

Reduction Act 

Continued to 

records manag

Provided ext

training in 

application s

records mana

management

Recommended 

upgrade the C

and the windo
c Future Plans

In addition to impleme

providing extensive technica

mentioned above major ini

1995 include finalizing the 

Plan IRM Policy Manual 

conducting inhouse compu

computer security initiating 

performing the GSA IRM 

Internet Interagency EMailf

Commissionwide LANbase

decrease duplication of inform

access to all Commissio

transaction sets to UNEdif

statement of work for use in 

4 Office of Personnel

a General Office R

The Office of Personne

personnel management prog

placement position classif

occupational safety and hea

employee relations workforce 

incentive awards retirement 

b Achievements

During fiscal year 1993 

Provided developm

Commission sSES 

the Office as Actin
Worked with th

Board to im

Candidate De

request

current alloca

to O

1994 and 1995

Conducted a 

investigators f

and filled t

computer pro

positions at h

Worked with 

Coordinator 

provisions o

Workplace Pr

Finalized Com

and revised Co

Identification P

Maintained 

Commission 

significant 

submissions 

assistance as 

Conducted re

necessary in 

with backgrou

personnel issu

Concluded 

Government 

headquarters 
conveniently loca

agreement with 

allows Commissio

attend weeklong 

Administered t

Employment Prog

with the District o

Maintained the Cs

all agencies in 

targeted disabilitie

to clerical employ

York Florida and 

Monitored employ

throughout the c

employees of serv

and distributed 

newsletter to all e

Conducted a Hea

sponsored an an

Federal Employee

Season and cond

Open Seasons

Continued to adv

responsibilities to 

problems and wor

ensure that employ

were accorded the

Continued to ope

transfer program

1
Conducted pe

performance 

Conducted 

Campaign by 

c Future Plans

During 1994 the 

Commission on all maj

maintenance of a sound a

program within the Co

coming year include im

of the Commission sstr

compressed workweek 

OPM that the Commiss

Qualifications Review B

SES and a review of a

intention of reducing 

streamlining guidelines
APPEN

APP

ORGANI

W

Z H

O a WZ

WLS7

U 7 05 F asa W W W

o wo

co

O EH W

0UF7

MWH23

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0O O

W W UW W 0Fat

4 N W

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0
Formal Proceedings

AP

COMMISS

Fi

Decisions 

Discontinuances D

Initial Decisions Not 

Rulemakings Final 

Total 

Special Dockets 

Informal Dockets 

Oral Arguments 
APPE

CARRIER AGREEMEN

Fiscal 

CarrierAgreements Filed in FY 199

includi modifications

Foreign and Domestic Com

Agreements Processing Categories in 

Fortyive Day Review 

Shortened Review 

ExemptEffective Upon Filin

Rejection of Filing 

Formal Extension of Review 

Approved Under Shipping A

Carrier Reports Submitted for Comm

Minutes of Meetings 

Operating and Ad Hoc Rep

Carrier Agreements on File as of Se

Conference 

Interconference 

Pooling Equal Access 

Joint Service 

Sailing Charter 

Cooperative Working Agen

Tenninai Agreements including am

Received 

On Hand 1092 

On Hand 1093 

Includes Terminal Agreements s

Docket No 9232 Amendments 

eliminated the requirement for 

Complaints Consultations and Ind
AP

TARIFF AND TERM

Fis

Tariff Filings Pages

Foreign Filings 

Domestic Filings 

Terminal Filings 

TOTAL 

TariffPublications

Foreign On H

On H

Domestic On H

On H

Terminals On H

On H

Electronic Tariff Filings

Tariffs 

Rules 

Commodity Descriptio

Tariffs Line Items 

Special Permission Application

Total Received Forei

Granted 

Denied 

Withdrawn 

Pending 

Total Received Dom

Granted 

Denied 

Withdrawn 

Domestic Investigation and Su

Completed 

Pending 

Service Contracts Filed 
AP

CIVIL PEN

Fi

Air Sea Transport Inc 

Robert Barry Barry Trans

Carben Inc 

Central American Produce 

Chemical Tankers of America 

China Ocean Shipping Co 

Colonial Beef Company 

Distribution Service Ltd 

Dynamic Network Container 

Freight Forwarders Inc 

Frutech International Inc 

Gulf Atlantic Transp Corp 

Impex Services Inc 

LC Shipping Inc 

Prevor Marketing Intl 

Sunkyong Ltd Amer Inc 

Transpacific Carriers Agreem

Turhana Corporation 

Universal Cargo Management 

Total Civil Penalties Collect
A

INV

F

Investigative Cases O

Investigative Cases C

Reports of Inves

Enforcement Re

Reports Referred for A
APPE

STATEMENT OF 

OBLIGATIONS A

THE FISCA

SEPTEM

APPROPRIATIONS

Public Law 102140 approved No

of the Federal Maritime Commiss

Merchant Marine Act of 1936 as 

services as authorized by 5 USC

authorized by 31 USC1343 b 

authorized by 5 USC5901 5902 

be available for official reception 

OBLIGATIONS AND UNOB

Net obligations for salaries an

September 30 1993 

STATEMENT OF RECEIPT

the Treasury for the Fiscal Year E

Publications and reproductions

Fees and Vessel Certification

and Freight Forwarder Applica

Routine ATFI program fees 

Other ATFIrelated fees 

Fines and penalties 

Total general fund receipts