Ann

2110tra

Cam

Fiscal Year E

For sale by the Superintendent of 

Washington DC2040
FEDERAL MAR

WASH

Ju

THOMAS E 

JOHN HAEL

AsHTON C 

JA3m V D

JOHN S PA
LETTER O

FEDERAL 

To the Senate and the Ho

Pursuant to section 1e

of 1961 and section 208 

I respectfidly submit the 

time Commission for the 

TABLE 

THE YEAR IN SUMMARY

SCOPE OF AUTHORITY AND 

US FOREIGN COMMERCE

Carrier Agreements

Exclusive Patronage Dual R

Freight Rates

International Relations

DOMESTIC OFFSHORE CARR

Tariff Filings

Carrier Agreements

Special Studies

Noteworthy Developments in 

TERMINAL OPERATORS

FREIGHT FORWARDING

FINANCIAL AND ECONOMIC 

ENFORCEMENT AND COMP

Informal Complaints

Matters Referred by Antitrus

on the Judiciary

Factfinding Proceedings

Field Investigations

Formal Proceedings

PROCEEDINGS BEFORE HEA

Final Decisions of the Commi

Decisions of Hearing Examine

RULEMAKING PROCEEDING

LITIGATION INVOLVING CO

LEGISLATION AND LEGISLA

ADMINISTRATION

A

A Statement of Appropriation and 

June 30 1963

REP

FEDERAL MA

The Ye

The fiscal year 1963 was 

Federal Maritime Commissio

pursuant to Reorganization 

commencement of intensive a

sibilities assigned to the agen

The enactment of these s

Commission in effectively d

subject of a number of pro

carriers serving the US fore

understanding between indus

invited representatives of US 

ciations and steamship confe

informal discussions of their p

These meetings commenci

February 1963 were attended 

7 shipper organizations 19 s

operating foreignflag ships 

United Kingdom Europe Ja

Canada The issues discussed 

rate systems conference sup

ability of foreign carrier shi

regulation of international sh

Through the media of th

shipping attaches and partic

held in Europe the Commiss

solution of regulatory proble

borne commerce

One of the most controve

dual rate contract systems ca

and a reexamination by the 

specific statutory requiremen

meet prescribed standards b

compliance with the Act were 
1962 Amendments so filed b

quently extended to April 3 1

period the Commission was r

approval modification or ca

contract systems were in proc

proceedings as of the close of fi

In other regulatory activit

instituted on its own motion 

provisions of the Shipping A

Act of 1933 issued 34 final de

initiated action to resolve in 

concluded its findings and ac

plaints approved over 200 s

ments and maintained surve

issued 172 freight forwarder 

forwarder agreements partic

courts examined 75000 tar

changes granted 328 and deni

new or increased tariff rates 

concluded in excess of 600 f

shipping statutes and the q

forwarder licenses

Otherwise the Commission 

of its program requirements 

other Federal agencies having 

commerce and transportation 

with the Interstate Commerce 

Board notable progress was m

economic research programs 

merce Department of State a

basis for a coordinated appro

basic transportation data fo

Commission sprogram sphere

Late in the fiscal year the 

gressional Joint Economic C

between export and import fr

of the United States and their 

The Commission sprogram 

effects of the disparities betwe

discussed with the Joint Eco

addition to a formal investig

steel products ordered by the 

mission at the close of the fisc

investigations formal hearin

of developing the reasons for 

effects of such disparities upo

The Commission sfiscal yea

subsequent sections of this rep
Scope of Autho

The Federal Maritime Co

tion Plan No 7 of 1961 effe

objectives of the plan was 

agency the responsibilities fo

gram for the regulation of 

domestic offshore commerce o

The Commission is compo

terms by the President by an

more than three members a

One member is designated b

lie is the chief executive and 

The statutory authorities 

the following principal are

and agreements of common 

gaged in the foreign comme

rejection or disapproval of t

in the foreign commerce 3 

fications tariffs regulations 

water in the domestic offshor

gation of discriminatory rate

the waterborne foreign and 

rendering decisions issuing o

governing and affecting comm

freight forwarders and other 

The broad areas of responsi

the following headings

AgreementsThe Comm

ments filed by common carri

terconference agreements 

between common carriers ter

other persons subject to the 

provisions of law and the 

Commission

PracticesThe Commiss

carriers by water and other p

tic offshore commerce of the 

common carriers in accordanc

statutes and the rules orders 

Tariffs The Commission 

mestic offshore carriers or co

of the United States or con

with the requirements of statu

tions in the domestic offshore 

to set maximum or minimum 

disapproves Special Permiss

offshore carriers or carriers i

718390 442
of such carriers for relief from 

requirement

LicensesThe Commission 

to persons partnerships corp

gage in ocean freight forwardi

Informal ComplaintsTh

the validity of alleged or susp

and rules and regulations of t

water in the domestic offshore 

States terminal operators fre

ject to the provisions of the sh

plaints altar investigation by 

ings referral to the Departme

agreement between the parties

Formal Adjudicatory Proc

mal investigations on its own 

plaints pursuant to the Adm

BulemakingThe Commis

regulations to interpret enforc

ping statutes of common carrie

the statutes

Field Investigation Inspec

scribes and administers progra

visions of the shipping statutes 

without limitation those for a 

reports information and dat

investigation and audit of act

by water in the domestic offsh

the United States conference

freight forwarders and other 

c rate and related financial 

the preparation of reports refl

and nature of competitio

commodity trends

Foreign DiscriminationsT

the Department of State con

of discriminatory practices on 

USflag shipping

US Fo

Carrier Agreements

Section 15 of the Shipping 

all agreements and modific

carriers in the waterborne co

rates control competition po

V
ports or regulate sailings re

wise provide for exclusive 

rangements must be filed w

to effectuation Stich agree

analyzed to determine whe

unfair as between carriers 

between American exporter

they will operate to the detri

and the public interest or w

Act The Commission mus

or institute a hearing to det

lished by said section 15 to 

ments or modifications of ex

Eightyeight new agreem

agreements were approved 

mission surveillance a tota

142 conference and rate ag

pooling agreements 32 sailin

miscellaneous working agree

Exclusive Patronage D

Section 14b of the Shipp

87346 effective October 3 1

with certain specified safeg

ferences of a contract system 

equally which provides low

agrees to give all or a fixed 

or conference Since such 

impact upon the commerce 

every effort be made to ass

shippers and receivers of fre

discriminatory or prejudici

porters and that approval o

public interest

Under Public Law 87346 

prescribed standards became 

pliance with the act were file

Amendments so filed became 

extended to April 3 1964 by 

the Commission is required 

cancellation or modification 

61 amended forms of dual ra

ments highlighting specific c

present these comments for 

Commission published it twop

Rate Contracts and Comme
the comments received The 

in process of hearings under 

of fiscal 1963

Freight Rates

Public Law 87346 radically 

regarding the filing of rates a

offered by common carriers an

in the foreign commerce of t

equality of rates to all shipper

tunity for unjustly discrimina

essence that 1 all rates inbo

tions governing the applicatio

carriers by water in the foreig

be filed with the Commission 

rates must be filed at least 30 

such rates unless the Commiss

permission for the effectiveness 

period of notice rate decrease

no common carrier by water s

less or different compensation 

sion 4 the Commission sha

after hearing it finds to be so 

rimental to the commerce of the 

Of the 71227 tariff filings re

1963 70056 were accepted and 

for failure to comply with se

The volume of special perm

tially in fiscal 1963 A total 

were received of which 229 w

withdrawn prior to final action

Special rate studies and relat

rates to determine the necessit

to govern such rates a study 

and the significance thereof in 

Gulf and Continent and an a

quency of freight rate chan

throughout the various world t

All steamship conferences a

tariffs on file were requested to 

basic information related to t

tariffs shall be made available 

charge may be made therefor 

determine the practices adopt

comply with the intended req

being made for tariffs

Rulemaking proceedings 

Docket No 964 filing of Ta

J
the Foreign Commerce of th

Such Carriers Since the 

from the customs of an old in

tions were received from car

of freight and from a numbe

1963 the comments and sugg

rules were reviewed in ligh

revision of the original rule 

and it is expected that the ne

Preliminary to rulemaking 

commerce were circularized 

handling shippers requests 

whether such procedures ar

quired in compliance with s

amended by Public Law 8734

it is planned in fiscal year 19

Commission sminimum req

maintain constant surveillanc

International Relations

Regulatory activities in t

Public Law 87346 have re

lems with an international 

relations of the United State

in the foreign commerce of 

either through the applicatio

andor orders and regulatio

thereto upon foreignflag s

foreign governments against

The major difficulty arise

shipping philosophies of th

shipping countries of the wo

lated competition in the int

major shipping interests of 

through its various shipping 

late what they believe to be 

that the USregulation of 

merce is an infringement on 

To emphasize the foregoing 

as well as Japan have submi

ment of State Generally 

Law 87346 the Federal M

regulate international shippi

thing that is of concern to m

regulation will inevitably res

and obstruct them in their o

their tariffs in advance of th

an infringement on the sover
to requests for the production 

States

The Commission in fiscal y

shipping attaches in the fore

with foreign shipping official

in two international shippin

Maritime Transport Committ

ment of State carried out the n

to eliminate certain discrimin

againstUSflag shipping

At the present time the for

the USlaw and have filed t

tion of the production of do

the Department of Justice fo

Mitsui Case

Foreign DiscriminaSecti

of 1920 places the responsibi

criminations with the Federa

that the Commission follow c

issued by the governments of 

Iaws contain discriminatory p

USshipping services to those 

is engaged in discussions with 

slipping discriminations in tho

ties of the Transport Commit

Latin America Free Trade Are

several meetings and has reco

tion between LAFTA membe

effective establish a regional 

America and Mexico with th

This would be discriminatory 

lines within this area

LiaisonThe Commission m

ment of State on all types of i

foreign operations and regula

tions international transportat

lems which might affect the op

Commission also maintains lia

handling international shippi

organizations and foreign shipp

Domestic O

The Commission regulates ra

common carriers by water se

United States and Alaska Haw

gin Islands pursuant to the p

Act of 1933 and the Shipping A

8
Tariff Filings

The Intercoastal Shipping A

with the Commission and kee

showing all the rates fares a

transportation between ports 

The Commission accepts susp

ance with the requirements of 

and regulations

In fiscal year 1963 the Com

freight and passenger tariff fi

pages were rejected and the 

instituted 19 formal proceeding

gation andor suspension

Special Permission Applic

tion 2 of the Intercoastal Shi

made in tariff provisions exce

of new tariff schedules Such 

than 30 days after the date of 

upon application of the carrie

and for good cause shown a

less than 30 days The Com

special permission denied 3 

applicants

Carrier Agreements

Agreements between carrie

regulated tinder section 15 of th

Seven carrier agreements we

was examined to determine wh

tory or unfair as between car

ports that it would not oper

of the commerce of the United 

visions of the Shipping Act 

terest One agreement was 

approved after certain condit

in the public interest were im

review

Additionally all existing c

determine whether they were 

Public Law 87346 an amen

Act 1916 A conference agr

compliance and corrective actio

Special Studies

Studies were concluded in 

Part II of the Interstate Comm
pickup and delivery services 

terminal areas 2 the effe

carriers and shippers and 3 

January 1 1962 to March 

1 the effect of the suspens

Act 1920 The Coastwise L

of lumber 2 benefits to th

quiring certification of carr

coastwise laws profit the sh

duction of litigation on rat

conferences 5 solutions to 

control of the socalled no

water and 6 policing rule

rates

Noteworthy Developmen

Tariff Simplification in 

special significance took plac

Steamship Co made conside

fication in the Alaska trade 

all commodities on a weight 

ment basis depending on the 

cation will permit shippers t

the cargo is measured on th

currently is the subject of inv

No 1132 to determine its impa

ContainerizationThe t

through fiscal year 1963 S

Puerto Rico trade introducin

rail cars as soon as termin

Steamship Corp of Puerto R

age operation to a combina

SeaLand Service Inc instit

Coast Puerto Rico trade 

Co and Puget Sound Alask

smaller carriers who operat

carry most of their cargo 

Matson Navigation Co exp

stituted in 1960 and the O

service and introduced a ge

a new rate making concept 

a flat rate per container reg

ventional method of applyin

a container This innovatio

mission to determine its im

general public

10
Termi

The Commission is respon

of marine terminal operators 

pingAct 1916 This entails 

section 15 of the Shipping A

practices under sections 16 and 

In carrying out this respo

1963

1 Held meetings with rep

discuss proposed legislation 

terminal tariffs 30 days in ad

ize the Commission to regula

minal operators and c pro

or suspend tariffs Numerou

interested parties in connectio

2 Instituted factfinding in

mine whether free time demu

are unfair and whether term

in favor of rail traffic Factf

from Hampton Roads Va to 

encompasses South Atlantic 

Hampton Roads Va to Br

progress

3 Amended the proposed 

proceeding to prescribe rules re

and prescribing uniform defin

received from terminal opera

sections of the country are bein

4 Examined 2767 terminal 

were in conformity with the 

or with an approved conferenc

have been a party

5 Reviewed the minutes of 

termine whether any action 

Shipping Act or the provisions 

6 Analyzed 56 terminal ag

subject to section 15 Shippin

formal investigations relative 

review on 16

Terminal agreements are ex

be unjustly discriminatory or 

exporters importers or ports 

ment of the commerce of the 

and that they do not violate 

activities under approved a

surveillance to assure that these 

713 380643 
Freigh

The Commission licenses a

forwarders promulgates and 

proves or disapproves agreem

Shipping Act 1916 as amend

Licensing The law auth

to those independent ocean fr

and able to function as such 

required to conduct sufficien

enable such a finding

At the beginning of fiscal 

cases pending initiation or co

tigations so as not to deprive 

given to new applicants or tho

missed the deadline filing dat

During the fiscal year 172 

continued in process Of the 

conduct freight forwarder o

ating rights conferred by 

applications

It is expected that virtua

fiscal year 1964

AgreementsOcean freig

working agreements or coop

ample a forwarder who co

arrange with a forwarder loc

complete or process one or se

Such agreements are filed fo

tion 15 of the Shipping Act 1

During the fiscal year 196

filed with the Commission 

filed the previous year O

mainder are pending further 

Mules Governing Practices 

Forwarders Ocean Freigh

Carriers were adopted by 

rules establish a code of b

applicable to freight forwa

outset that these rules woul

and would in some instance

came into being through cu

and representatives of the 

time and effort in analyzing 

many complex technical pro

practicable set of rules T

of certain of the rules were 

petitions on May 241963 

peals for the Second Circu

12
from putting into effect 10 

rules Thereafter on Tune 

with the court sorder post

days after final decision of t

General Order 4 amend

on September 27 1962 T

porated but related applic

tion Such revision wa

encountered by affiliated c

areas of liability

General Order 4 amendm

ing requirements applicable 

ing rights was adopted by 

Financial a

In fiscal year 1963 atten

financial data available to th

Heretofore carriers in th

to file semiannual financia

requirement recognized the 

the jurisdiction of either th

Maritime Administration a

Commission adopted the pa

prepared from accounting 

Subsequent experience with 

industry officials indicated 

ments of this hind would s

mission The Commission 

eral Order 3 so that now a

Missing however was mea

other operating data on com

classes of commodities To 

being designed to obtain th

the ratemaking process

The field audit program 

ganized effort on the part o

submitted by carriers

In fiscal year 1964 it is 

with the Interstate Comm

Board will result in fruition 

been agreed to in principle

a Uniform audit 

agencies

b Free interchange 

agency would be utilize

tional interest in the car
c Coordinated audit p

subject to the jurisdiction 

an equitable basis as between 

In the area of economic analys

of rates of return 2 a compil

modities in the foreign comme

with the Departments of Com

USTariff Commission and o

common interests and source m

the development and impleme

of export and import freight rat

Enforcement 

Informal Complaints

On June 30 1962 there were 

ing violations of the shipping s

additional 340 complaints wer

218 cases of which 80 were fou

and 138 were settled by adjust

mainder 15 were found to wa

signed for field investigation 

Justice and 177 were in proces

The subject matter of the 

claims for damages or overchar

protests against rates unjust o

tariff filing violations

Matters Referred by the 

House Committee on the 

Continued attention was dir

shipping statutes developed b

1960 and 1961 Twentyfour 

Department of Justice 50 are 

proceedings corrective measur

items were closed as not warra

statutes of limitation and fina

remainder

Factfinding Proceedings

Through factfinding procee

mission obtains data upon whic

which lnay include 1 form

ceedings or 3 direct referral 

14
Four factfinding procee

concluded 1 Investigati

carriers by water serving p

of findings was sent to the 

with a request for complia

of further complaints alle

Duluth formal investigatio

orders might be issued as wa

2 factfinding proceeding

of the American West Afr

tion after hearings resu

Department of Justice

Factfinding proceedings 

Practices at North Atlantic 

Maine and Terminal Pra

excluding Hampton Roads 

Field Investigations

There were 1019 investig

these cases 912 involved f

the remainder consisted o

shipping laws During th

investigations were comple

to freight forwarder license 

Investigative activity res

lations of the shipping sta

contendere and assessed f

191 710 49 Additionally 

other matters pending c

defendants

Formal Proceedings

The Commission on its 

formal proceedings involv

tices freight forwarder lic

Commission docket in form

Investigations

Section 15 

Sections 14 16 17 

Section 1865 

Dual rate contrac

Freight forwarder licensi

Rate proceedings 

Rulemaking 

Totals 
Proceedings Befo

At the beginning of the fisca

before the hearing examiners a

year 70 cases 2 cases were rema

a total of 165 cases The examin

55 recommended or initial dec

argument in 24 cases and issued 

proceedings Eighteen cases w

the end of fiscal year 1963 there 

for final decision by the Commiss

Final Decisions of the Co

Docket No 854Swift Compan

and South Atlantic Havana Steams

that complainants were entitled to r

to March 8 1959 in accordance with 

1962 Respondents were ordered to pa

Docket No 864International Lat

It was determined that the rates ch

Juan Puerto Rico to Baltimore M

was ordered to pay reparation

Docket No S79 Inthe Matter of 

Exclusive Patronage Contracts It 

entered into or carried out unapprove

Agreements involving FOBPAS tra

Conference Trade in violation of sec

ents construction of Rate Agreeme

unfair as between carriers shippers 

exporters from the United States and 

ments are not in violation of the Sh

detriment of the commerce of the U

public interest It was further dete

lated section 14 Third or section 16 

respect to the application of the confs

ments It was finally determined t

3 1961 87th Congress became a pa

present proceedings and the new stan

not an issue The Commission dec

vestigation in docket No 1007 to dis

Docket No 881 General Increases 

fares and charges of Alaska S C

water in interstate commerce betwee

and ports in the State of Alaska a

increased found to be just reasonable 

Rates fares and charges of Puge

Northern Express Inc Alaska Freig

Division of Consolidated Freightway

by water in interstate commerce be

States and ports in the State of Alas

ner for the taking of further evidence

Docket No 885 Unapproved Sectio

Trade The language of a carrier s

undertaking to abide by a conferen

with the conference together with s

the carrier after it had resigned from 

16
by the conference on rate cha

or understanding between the 

within the meaning of section 

violated section 15 both by fail

by carrying it out absent approv

Docket No 896 Unapproved 

The purpose of this proceedi

carriers had entered into and 

transportation of coal from U

Korea without approval as req

of the respondents to the proc

unlawful agreement

Docket No 901 General Inc

General increases in rates betw

Midway Islands Wake Island 

mercial cargo including ceme

Carriage of military cargoes 

ableness of rates under consid

should be used in determining 

investment standard should be 

devoted to the trade A rate 

the basis of the prudent investm

Docket No 903Pacific Coas

rates between Pacific Coast port

found to be just reasonable and 

as proper and a unit method o

costs on an outofpocket basis t

Docket No 905United State

16 Gondrand Brothers found 

United States Lines Company tra

Range ports to the ports of An

charges which would otherwise 

1959 in violation of section 16 of 

United States Lines Company 

obtain such transportation in v

Docket No 906In the Mat

Practices of the North Atlantic 

mined in denying an appeal fr

motion of hearing counsel for 

alleged to be in the custody and 

Bristol City Line Cunard Ste

Withy Co Irish Shipping L

Co Ltd and United States L

States that an investigation l

common carriers by water in the 

the jurisdiction vested in the Co

fore the hearing examiner was 

was decided by the Commission 

cease and desist from the prac

therefore was discontinued

Docket No 90901tg of San D

pany The Commission has no 

be inaugurated and its authority 

of an established service is at b

tinuance of its San Diego opera

reasonable preference to Los An

San Diego Matson was motivat

the situation Moreover simila

element of undue preference and 

conditions at San Diego and Los A
Docket No 912 Mat8on Navigatio

tariff of Matson Navigation Comp

California to Honolulu Hawaii and 

pickup service in port terminal areas 

station or container freight yard w

not contrary to the provisions of sec

Docket No 924 Unapproved Se

ConferenceDocket No 925Unapp

Atlantic Hamburg Range Freight C

conferences were found not to have 

approved agreement in violation o

tariffs showing certain rates as open 

of FMB General Order 83

Docket Nos 946 950 and 953Gr

et al Skips AS Viking Line V Gra

Act 1920 Investigation of Practices 

ping Act 1916 were found in this p

An agreement to create a carrier is 

equivalent to the use of a fighting sh

subjected complainant to unreasona

violation of section 16 The Comm

19 of the 1920 Act with respect to 

undercutting conference rates un

in a trade

Docket No 952 Investigation of 

Contiguous States of the United St

ceeding was to determine if certa

carriers by water in the trade betw

tariffs with the Board thus violating 

1933 Two carriers were found no

was found to be a common carrier b

statute because it had filed a tariff 

found to be common carriers and re

Docket No 954 Sub 2Investig

or Turbinated in Bags in the Atlan

creased rates on sugar refined or t

and Mayaguez PR to New York Y

found just and reasonable Order of 

tion formula for operating expenses 

of sugar to total cargo carried was 

is required in cost finding is that t

close approximation of the assignabl

or in the public interest to require 

large segment of the cargo it carrie

disproportionately high rates on oth

carrier seconomic position or both

Docket No 967Alcoa Steamship 

de Navegaoion etal Docket No 9I

86401 Between Grace Line Inc an

Covering Pooling in the North AtVe

Grace Line and Cia Anonima Venezo

or unfair as between carriers shippe

from the United States and their fore

not found to be detrimental to the com

Shipping Act or to be contrary to the 

Docket No 974Puget Sound Tug 

Inc Docket No 984 Inthe Matter 

Tug Barge Company and Alaska F

Freight Lines Inc which provides fo

18
of the water transportation bet

Alaska Freight svessels found 

does not prohibit the filing of ra

over a portion of the route

Docket No 976 Agreement 89

Freight Lines and Wagner Tug 

ment between a common carr

operating common carrier engag

transportation by the former o

transportation by the former o

latter stariff rates was approve

was no showing that the agreem

or unfair as between carriers sh

exporters from the United State

the detriment of the commerce 

public interest or to be in violatio

Docket No 977Puget Sound 

Co Wagner Tug Boat Compan

Lines Tandem tow of Foss bar

land barge containing common 

favors carrier acting as both co

Wagner srate on cement and a

facie discriminatory and prefe

mitted 30 days to petition for 

tional evidence in justification 

found to be unreasonably low

Docket No 9877 M Altieri 

of a terminal operator to refun

violation of section 16 since co

between the treatment accorded 

violation of section 18 since th

which refers to other persons s

insofar as terminal operators a

practices relating to or conne

delivery of property intended 

shipping practices

Docket No 989 Inthe Matte

ice Inc Puerto Rican Divisio

water from inland points in Pu

quired to be filed with the Com

charges for the included picku

required

Docket No 990 Alaska Live

Transport Company Ine A ra

the Aleutians to Seattle found n

this rate with a rate in existenc

where it has little or no suppor

of a rate under study with rate

reasonableness of the former b

with the similarity of the circu

carriers Operation at a loss i

not too high and is of some us

on a particular commodity altho

Docket No 994 American Un

Respondent showed that the p

bags from ports in Puerto Rico 

suf by a wide margin to 

operating and financial data for 

compensatory The proposed ra

able maximum rates and are no
Docket No 999 American Gre

ConferenceIn the flatter of Surc

This proceeding was initiated by a 

pursuant to the petition of the Gov

6 of Public Law 87346 It was 

at the Port of Buffalo by responden

bound Freight Conference was unj

aside The Conference was ordere

the surcharge was no longer in eff

to cease and desist from enforcing th

Docket No 1062Agreement 876

Mediterranean Trade An agreem

carriers under which the nonconfe

rates with respect to certain comm

Shipping Act The rate set in the 

Docket No 1065 Aleutian Marin

Between Seattle Washington and 

tween Seattle Washington and 

reasonable

Special Docket No 244Martini 

Permission is granted to Lykes Bro

on shipments transported from Ita

was lower than the legally applicabl

were acting in good faith Permi

discrimination Such a waiver ho

statutory penalties to which they ma

Special Docket No 245Uddo 

Special Docket No 246Domestic E

Docket No 247ASargenti Co 

No 248Hra8dale Foods Inc V Co

Joseph L Sclafani v Concordia L

Sclafani v Concordia Line etc Sp

cordia Line etc Special Docket N

Special Docket No 253 Packer Bro

No 254Daniele Co Inc v Co

Luigi Caso v Concordia Line etc 

Inc V Concordia Line etc Specia

Line etc It was determined in th

be authorized and directed to refu

be permitted to waive collection of u

Special Docket No 258 Jondi In

No 259Uddo Taormina Corp v 

260 XDe Rosa Inc v Hellenic L

como Fell v Hellenic Lines Limite

that Hellenic Line should be perm

transported from Italy to the United 

Special Docket No 262 Lutcher 

that Columbus Line should be perm

freight on certain shipments of Lut

Special Docket No 263United 

luatbus Line HamburgSuedameri

gert Amsinck Voluntary paymen

charges which resulted from omiss

error There was no discrimination 

the only shipper of the type of comm

Special Docket No 264Lykes 

Authority to Refund in Part Freig

Charlotte Lykes from Houston Te

that Lykes Bros Steamship Co In

certain NATO shipments

20
Special Docket No 265Lyke

charges Carrier failed to file 

shipped and this failure led to 

The application to refund the 

will relieve an innocent shippe

file a proper rate

Decisions of Hearing E

Not reviewed by Commission 

Docket No 805 Parsons W

Ilan Johnson Line Docket N

Generale Transatlantique Fren

more Inc v The Blue Star L

Parsons Whittemore Inc v F

No 812Parsons Whittemor

Line Docket No 813 Parson

Olsen Line It was determine

for hearing that the complaina

cargo on nonconference vessels 

subterfuge that the complaina

thereafter and the action of resp

a violation of the Shipping A

arbitration clause does not depri

Docket No 873 Investigatio

ing Travel Agents It was det

of Atlantic Passenger Steams

Steamship Conference as they 

violative of section 15 of the S

in accordance with the recomme

Docket No 936 Hellenic Lin

17 It was determined that r

situated shippers in the green 

Somaliland to New York for th

section 16 of the Shipping Act 

charging and collecting unju

violated section 17 of the Act

Docket No 947 Internation

national Trading Corporation 

It was determined upon furthe

awarded in connection with fre

viously found by the Commissi

17 of the Shipping Act 1916 as a

Docket No 966Reduction 

Co C R Nickerson Agen

between Pacific Coast ports an

and just and reasonable and th

Docket No 969 Ala8ka Stea

the Peninsula and Bering Sea 

Commercial Co River Lines 

of Alaska It was determined 

Pacific Coast ports and ports in 

Washington and points along 

unreasonable to the extent they 

but otherwise they were just and 

Docket No 1070Selden C

Wharves It was determined 

notice of changes in its term

section 17 of the Shipping Ac
establish and observe just and re

nection therewith It was furthe

demurrage charges were not shown to 

Docket No 1081West Coast of 

clusive Patronage Dual Rate C

sion be granted to respondent unde

use the proposed exclusive patrona

vided the form of the contract is 

Docket No 1085AB Atlanttra

Limited et al It was determined 

lawfully required as a condition o

that complainant must become a p

tween conference members and a 

subsidiary of three conference m

from the conference trade and exc

trade to the same destinations so 

up its Canadian service should it 

It was farther determined that s

an unfiled and unapproved agreeme

conditions for admission to confere

15 of the Shipping Act 1916 as amen

Special Docket No 267 Governm

Export Lines Inc It was determ

permitted to waive collection of a 

shipments of dry milk powder fro

Examiners also issued in fiscal y

870 9245 94650953 977 987 

through 265 all described above u

Pending Proceedings

At the close of the fiscal yea

before hearing examiners So

which the Commission must pas

to Public Law 87346 87th C

of numerous shippers the Com

issues from these proceedings 

five hearing examiners This 

litigation on the parties involv

decision and to expedite the 

mentioned deadline

Rulemaki

At the end of the fiscal yea

proceedings were in process

Docket No 875 Filing of Tariff

posed rules were revised to include 

Docket No 964Filing of Tariffs 

Commerce of the United States and 

of initial proposed rules were pub

Docket No 965 Inve8tigation of 

Pacific Coast Terminals in Granting 

and Service Charges

22
Docket No 973 Practice8 of 

Final rules were published in t

requesting reconsideration wer

the United States Court of Appe

the Commission from putting in

stantive rules The rules we

decision

Docket No 981Rules Gove

visions of Steamship Conference 

Docket No 982Rules Gove

ments Proposed final rules we

consideration

Docket No 983Rule8 Gove

merce of the United States 

1963 Comments are under cons

Docket No 1094 supersedin

policing and Self regulatory Sys

encea Revised rules are in pr

There were published in the f

8 and 4Licensing of Indepe

eral Order No 5 Amendments 2 

in Domestic Offshore Trades a

1 Amended Organization an

Litigation Invo

During the fiscal year 1

relating to decisions and o

and practices of common c

commerce of the United S

Thirteen of these cases wer

Several of the more imp

Anglo Canadian Shipping Co

1962 in which the Court enjo

Coast European Conference to 

other outbound conferences tha

States for a conference of car

forwarders or limit the amount 

of freight charges The Court 

findings and supporting reason

remanded to the Commission for 

Hohenberg Bros Co vPHC

the Court upheld the Commisss

to obtain a refund from the car

or unfair device or means un

Court also rejected petitioner s

finding of section 16 violation

American President Linea Ltd 

1963 in which the petitioners 

the Commission of section 14b o

of opening and closing rat

ground that the Commission s

statute does not constitute actio

Alcoa S Co V FMCet a

declined to upset the Commisss
ping Act 1916 that a pooling agreem

Anonium Venezolana de Navegacion 

to the petitioners The Court held 

knowledge necessary to make this f

by substantial evidence The Court 

in an anzicus curiae brief that the 

visions between the United States and 

Carnation Company v Pacific We

Court ND Calif June 25 1963 

under section 15 of the Shipping Act 

Carnation scomplaint based on an a

defendant conferences and that th

violation of the Act Carnation had 

laws The Court s decision has be

States Court of Appeals for the Ninth 

The Commission also referre

consideration 22 cases involving 

and the Intercoastal Shipping 

ment all necessary assistance in c

Legislation and 

The Commission was concerne

the fiscal year The first was P

year the effective date of the pro

Act 1916 as amended by Pub

necessary to afford the Commis

determinations with respect to 

which have been filed with it for 

The second was a proposed a

to eliminate the requirement for 

Legislative Recommendati

recommendations contained in t

1962 were incorporated into dra

clearance within the executive 

that these bills receive the atten

Not submitted as yet are th

under study within the Com

Shipping Act 1916 which wou

with the Commission and keep 

taining all their rates charges r

handling storing or delivering 

would authorize carriers under 

Interstate Commerce Commiss

enter into joint rates and throu

joint board composed of membe

Although the Commission ha

at this time the matter of cla

we administer is under constant 

24
A

Commissioners There 

ship during fiscal year 196

as Chairman The other m

US Navy retired of the 

of Mississippi John S Pa

of Maine

In accordance with its po

Commission on January 3 

Chairman succeeding John 

ment as Commissioner expir

Staff OrganizationTo 

tivee direction of staff acti

was established on March 

Executive Director Res

include administrative dire

and Office of International 

to the Chairman No othe

PersonnelThere were 

an increase of 63 over total e

by quarters are reflected be

Date I Fm

June 30 1962 

October 31 1962 i 

t 218 in Washington office and 33 to field 

Onthejob training and 

manpower input to fully p

A training program for 

in attracting college gradua

velopment in regulatory ex

tariffs freight forwarding 

months intensive onthejo

program areas Upon sati

ployee receives a permanent 

terest Currently there are 

training

1Iajor personnel policy st

erning Equal Employment O

ployee Grievances Pay Re

general

Management ImproSign

ments completed or initiate

quisition of office space at 

employees from initial temp
trative service facilities includin

and communications the estab

ment of a correspondence contr

in unanswered correspondence 

man sregularly scheduled staff 

view and planning issuance o

Federal Maritime Commission 

back to 1947 vol 3 Jan 1947 t

6 are expected to be issued in fis

ment study in conjunction w

Archives Records Service with 

paperwork management in all 

feasibility of automatic data pro

26
Statement of Appropria

Year En

APPROPRIATION

Public Law 87843 87th Co

For necessary expenses of 

including services as auth

August 2 1946 5 USC

exceed 75 per diem hire 

uniforms or allowances th

September 1 1954 as am

Transfer to General Services 

Appropriation availability 

OBLIGATIONS AND UNOBLIGATED 

Net obligations for salaries 

ended June 30 1963 

Unobligated balance withdra

STATEMENT OB RECEIPTS FROM 

FISCAL YEAR ENDED JUNE 3

Duplication of records and o

Freight forwarder license fee

Total receipts from fees a