FEDERA

C

ANNUA

F

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 Restrictive Trade P

B Enforcement 

C Surveillance 

D Tariff Automation 

E Regulatory Overvie

F Section 18 Study 

III SURVEILLANCE AND EN

A Surveillance 

B Enforcement 

IV DEVELOPMENTS IN MAJ

A Transatlantic 

B Mediterranean 

C Africa 

D Transpacific 

E Latin America and 

F Middle East 

G Worldwide 

V AUTOMATED TARIFF FIL

A Introduction and B

B Early Studies on T

C First Step in Tariff 

D The Shipping Act o

E The Tariff Automa

F ATFI Feasibility S

The ATFI Adviso

G Benefit Cost Analys

Procurement Aut

H Inquiry on the Fun

Presolicitation C

I Remote Retrieval 

J Contract Award an

K Update on Remote 
VI SECTION 18 STUDY 

VII THE FOREIGN SHIPPING 

A The Statute 

B Actions Taken 

C Top Twenty USL

Trading Partners 

VIII SIGNIFICANT OPERATIN

ORGANIZATIONAL UNIT

A Office of the Secre

B Office of Administ

C Office of the Gene

D Office of Equal Em

E Office of Inspector 

F Office of the Mana

G Bureau of Trade M

H Bureau of Tariffs 

I Bureau of Hearing 

J Bureau of Investiga

K Bureau of Adminis

APPENDIXES

A Organization Chart 

B Commission Proce

C Carrier Agreement 

D Tariff and Termina

E Civil Penalties Coll

F Field Investigations 

G Statement of Appro

and Receipts 


FEDERAL M

WASH

To the United Sta

Representatives

Pursuant to sec

Plan No 7 of 1961 an

Marine Act 1936 as a

the thirtieth annual r

Federal Maritime Com

Additionally sec

an Update on Remote 

with the request of Co

developments of reas

access to the Commisss

Information System AT

MEMBERS 

Rob Quartel

Commissioner

Appointed 1990

Term Expires 1994

Francis J lvancie

Commissioner

Appointed 1985

Term Expires 1992

Ch

T

SENIOR COMM

Secretary 

Chief Administrative La

General Counsel 

Director Office of

Equal Employment O

Inspector General 

Managing Director 

Deputy Managing Direc

Deputy Managing Direc

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 C

A 

The Federal Maritim

FMC was established as 

Reorganization Plan No 7 

that time the Federal Mar

the regulation of ocean c

US Merchant Marine 

shipping laws of the United 

two categories regula

responsibilities associated 

efficient US Merchant M

Administration now loc

Transportation DOT T

Commission was charged 

regulatory provisions of th

The Commission is n

oceanborne transportation 

domestic offshore trade 

Shipping Act of 1984 bro

regulatory regime facing s

foreign commerce of the S

B F

The principal statute

statutes administered by t

of 1984 1984 Act the S

Intercoastal Shipping Ac

Shipping Practices Act of 1

Merchant Marine Act 192
During 1990 the 198

the bonding of non vesselo

VesselOperating Commo

1990 Amendments and 

amended to provide for 

authorities

The Commission sre

Protecting ship

foreign comme

non market orie

governments a

carriers that 

commerce of th

Protecting the 

companies to tr

oceanborne and 

Reviewing and 

carriers and o

foreign comme

conference poo

agreements

Receipt and re

regulation of 

engaged in the 

Regulating rat

regulations an

ensure that suc

Regulating rate

and tariffs of 

domestic offsho

Licensing inter
Bonding of no

NVOCCs

Issuing passen

financial resp

charterers to pa

death or to rep

a voyage or cru

Investigating 

classifications 

carriers termin

operating in th

commerce of th

The Commission is a

the 1920 Act and section 

action to ensure that the f

burdened by non market 

Commission may take 

unfavorable shipping cond

may impose penalties to a

governments that adversely 

in the USforeign oceanbo

USflag vessels to ocean 

The 1984 Act is appl

carriers and other persons 

It exempts agreements tha

Act from the US antitrus

and Clayton Acts The 

agreements to ensure tha

antitrust immunity and t

otherwise violate the 1984 

increase in transportation 

service
In addition to monitor

Commission is also respo

carriers as well as those 

concert fairly treat shipper

public The 1984 Act 

discriminating among shi

shipping public The 1984 

their rates charges and p

that must be on file with t

assess the rates and charge

Commission The Comm

authority to approve or d

individual commodity rate 

except with regard to c

carriers

The 1916 and 1933 Ac

carriers and other persons 

trades of the US In gene

protect against unduly dis

similar to the 1984 Act In 

a more comprehensive sch

minimum and maximum ra

in the domestic offshore tr

The Commission carr

by conducting informal and 

hearings considers evidenc

appropriate orders and 

Commission also adjudica

community the general s

individuals or interest gro
C OR

The Commission is 

appointed for fiveyear te

and consent of the Senate 

the Commission may belo

President designates one 

Chairman The Chair

administrative officer of t

The Commission so

of the Managing Director 

General Counsel Office o

of Equal Employment O

General Bureau of Trade 

Tariffs Certification an

Counsel Bureau of 

Investigations The Mana

providing executive and 

Commission sOffices and 

are responsible for the C

provide administrative su

In fiscal year 1991 t

of 230 fulltime equiv

appropriation of 1897 

Commission spersonnel 

field offices in New Yor

Orleans Miami Housto

THE YEA

The Commission ad

1991 and continuously t

regulation of the US o

equitable and in step 

Commission was vigorous 

of the 1920 Act to comba

governments Several cas

under these statutes S

proved extremely succ

commercial malpractices 

fair competition

The Commission a

efforts to automate the fil

The system continues to 

level of involvement b

industries and the neces

USgovernment agencie

Additionally the 

existing regulations to ide

clearer and more curren

in support of the statu

Advisory Commission on 

This Annual Repor

byoffice basis and conta

and accomplishments S

particular concern Th

summary of the Commis

the year
A RESTRICTIV

The Commission wa

restrictive trade practices b

actions resulting in unfavo

Information orders were i

section 19 of the 1920 

submissions received and tr

initiated in several trades

In response to a p

conditions unfavorable to sh

Commission issued a Notice 

to section 19 After affecte

commitments were made 

matter was pending the Cs

comments filed and the go

end

The Commission previ

a 50000 pervoyage fee 

Transligra an Ecuadoria

laws and decrees of the G

liquid bulk cargoes for Ec

subsequently advised the Com

an Ecuadorianflag parcel ta

the fee was not enforced H

of the rule filed in Decem

continued to operate in the 

identity The Commiss

Investigation to look into Trs

well as the granting of w

Ecuadorian cargo reservatio

The Commission also 

to address Korean laws th

engaging in trucking operat

contracting with railroad
subsequently were made 

potentially resolve most 

Commission therefore 

rulemaking and required 

comments in February 19

The Commission initi

FSPA after reviewing subm

concerning charges paid 

Harbor Management Fu

discontinued on June 13 

representations that a new 

adverse effect of the Fun

Japanese Minister of Tr

discontinued after March 

are required to report q

through April 1992

Based on responses 

issued to US and Peops

carriers operating in the 

initiated an FSPA investig

Commercial and govern

occurred and the Comms

those negotiations reveale

commitments At the 

Commission extended the 

90 days to February 19 

experience assess and re

its commitments

The Commission re

provide information regar

conduct of the full range o

in Taiwan These restricti

proceeding in 1989 which 

Taiwan that its restrictiv

changed However Com

despite some progress so
Based on the response

the Commission initiated a 

Commission decision is du

B EN

The Commission s

again was aggressive and s

be targeted while major ad 

The Commission also attem

malpractices that were pre

As in the recent pas

collaborative effort of th

economists investigators a

worked together so that ap

properly developed and al

This approach facilitated al

investigation and surveillan

negotiations to subsequ

malpractices do not recur o

The Commission coll

during fiscal year 1991 

appropriated budget Sett

from all segments of the ind

US foreign trades The C

by the overall objectives of 

ensuring equitable trading 

The Commission continues 

a trade in policing its activ

body
C SU

The Commission ssu

a logical and effective ad

Regular monitoring of ind

activities enables the Com

practices contrary to th

surveillance also helps to id

practices by foreign govern

The Commission furt

depth review of selected 

programs integrate a num

operator market share da

levels and histories revie

periodic reports of agreem

malpractices or restriction

Among the major pro

analyses and reports in the 

trades audits of selected 

section 6g of the 1984 

impact of a major capaci

report on controlled carrie

number type and trends i

a paper on the relationship 

the prices of crude oil an

various investigative initia

D TARIF

The Commission ma

reaching its objective of a

Chapter V When the Auto

System ATFI ATFI 

operational tariff inform

electronically which will e
and facilitate the review an

public and the Commissio

As the Commission be

it issued numerous advisor

system and address ques

industry Interim Report

issued periodically covering 

by the Commission for AT

express certain charges an

the ATFI Batch Filing G

issued July 23 1991 fina

paved the way for issuance 

1991 This rule Docke

Contracts proposed a new 

cover tariff and service co

user charges Comments 

filed early in fiscal year 19

implementation of ATFI w

E REGUL

The Commission spe

reviewing its existing regula

or refining was necessary o

outlived their usefulness 

that regulations clearly add

consistent and do not impo

entity involved in US ocea

The Commission init

clarify its rules affecting ma

vessel carriers and do

requirements and continu

intermediaries and variou

domestic offshore trades 

implement the legislation r
In all of these instanc

scale review proposed ac

completed action based 

comments The Comm

suggestions for additional 

and plans to continue a re

regulations during fiscal ye

F SECT

The Commission sub

Shipping Act of 1984 Rep

Commission on Conferen

Commission in Septembe

of a fiveyear study by th

section 18 of the 1984 A

issues that Congress believ

the regulatory reforms em

presented a thorough evalu

and included extensive ana

In fiscal year 1991 t

data and information to u

useful to the Advisory Co

The Commission also pro

support to the Advisory C

provided extensive assista

compiling and analyzing d

and trends

The Advisory Comm

comprehensive study o

concerning conferences 

required to address wheth

by prohibiting conferenc

conferences The Advisor

submitted to the Presiden
SURVEILLANCE 

A SUR

An integral part of th

the shipping statutes is the 

activity and trade condition

with statutory standards 

Commission srules The C

surveillance programs desig

of oversight in these areas

The 1984 Act provide

agreements following a br

agreement is rejected for 

conform with the mandato

in sections 5b and 5c o

contained in section 6g o

becomes effective the 

maintaining surveillance ov

order to ensure compliance 

To fulfill this statutory r

continued to direct its activ

and effectiveness of its mo

As in previous years 

its programs for monitoring 

in US trades These 

surveillance factors includin

tonnages of major moving 

relevant tariff rate levels 

contracts agreementdocu

meetings held by agreem
required by the Commiss

s

existence of possible malp

During fiscal year 19

and Analysis BTMA 

reports and analyses T

recommendations concern

in the Japan Korea Ta

2 6g audits of select

3 an economic analysis 

reduction agreement 4 a

activities 5 a study on 

action is utilized under va

view toward possible rule

agreement reporting requ

modification 7 a report 

trends in agreement filings 

analysis in a domestic rate 

a section 15 order conce

members from competing 

of section 10c6of the 

recommendation concernin

No 9025 and preparati

reflecting Commission ac

regulatory impact analys

implementing the 1990 A

reports submitted by certa

the Japan Harbor Manag

common carrier status of 

relationship between bunk

crude oil 15 an econom

NVOCC Bonding Rule 16 

investigative initiatives 1

services 18 the developm

in various trades 19 a rev

the domestic offshore trade 

filing requirements and 

determine a reasonable rat
an industry circular letter 

trade regarding financial fi

In fiscal year 1991 th

auditing program of agreem

on file are in complianc

regulatory requirements 

major conference agreeme

reports with the Commissi

1991 included the prepara

well as conference profiles 

on the activities of contro

handled a variety of inqu

dealing with a wide range o

these include antitrust iss

other accessorial charges 

coastal regions

B EN

Under the 1984 Ac

regulatory emphasis on en

the predecessor statute 

performed primarily by th

Counsel and Bureau of I

and J

The Transpacific Ma

a longterm program initiat

of this program is twofold 

1984 Act and 2 to estab

for carriers shippers an

transpacific trades The 

informal and formal invest

These investigations alrea

comprehensive settlemen
operating common carrier

these entities provided d

violations In fiscal year 

the Commission sinvestiga

transpacific trades the Com

in civil penalties It is 

enforcement program wi

impact during the next fisc

Another longterm 

enforcement initiative whic

fiscal year 1991 Neutralbo

result of the program con

trade Members of the Co

the participating neutral b

members The Commissi

having a substantial be

community

To meet the needs 

enforcement role the Com

its professional staff Th

provide training for profess

Crime Training Program 

Training Center in Glynco 

investigation of fraud relate

for the exchange of ideas re

techniques utilized by othe

has been provided to enha

essential to the Commissis

A joint support prog

the US Customs Servi

interagency coordination 

concern This program wa

to provide access for Comm

Commercial System ACS 

will enhance the Commiss

deterring malpractices
The Commission s

activity continues to increa

major violations conducted 

civil penalties See App

sustained enforcement acti

effect on malpractices in t

DEVELOPM

USFOR

A TRA

In the transatlantic 

encountered overcapacity 

freight rates Carrier at

stabilize rates generated 

reduced services and hig

Canada European trades 

Kingdom and Continen

conferences entered into a

capacity in the North Atlan

that excess ship capacity 

rates and the general eco

and Europe had made re

service levels According 

Import Export Reportin

container traffic from Euro

rate of 17000 TEUs 17 

quarter of 1991 while US 

Europe was rising at a pa

Europe Rate Agreement U

rates in May 1991 on so

increased eastbound cargo 

of the dollar A few indepe

by introducing rate incre

weakness of European ex

likelihood of rate increases 

on North Atlantic containe

of 1991 between US Eas

indicated that SeaLand 
increased its market shar

HapagLloyd and Atlanti

carried 14 percent of US 

Europe followed by the 

performance by these car

high quality container 

distribution

One of the earliest a

North Atlantic was through 

The Eurocorde 1 Agreeme

agreement with binding r

between the US Atlant

membership includes two c

USA Rate Agreement 

USANE and the indepe

Mediterranean Shipping C

Line OOCL The Euro

No 202 010829 is a 

agreement in the same tra

additional independent op

Bros Steamship Co Inc 

Maersk Maersk to joi

resulted in complaints 

Competition Directorate D

EC The Compet

Community shippers wer

lower level of competition 

decision A final decision 

European Community Shi

the issue of shipping conso

with the Competition Dir

constraints and uncertaint

under pressure due to a d

competition

Despite its market s

appear to have resulted in 

the European trades In g
imbalances in the North A

shippers market where inde

service contracts have large

rate increases imposed by co

Bunker surcharges are no

formula and generally refl

carrier currency adjustment 

with the depreciation of the 

requirements of shippers co

and nonEDA carriers

The twelvemember E

progress toward the establi

by the end of 1992 The Eu

system has necessitated 

transportation network to 

fragmented air trucking a

Europe The European Co

in 1986 based on Articles 8

establish a uniform shippin

to ensure free and non di

European Community shipo

a commercial basis for sh

trades and to eliminate th

foreign carriers and gover

European Community trad

Community shipping regul

foundation for the establi

agency The internal mar

greater access for non na

Community cargoes Non

European Community acce

Conduct for Liner Confere

carriage of European cargo

to conflicts with US shi

Communitywide cabotage 

carriage of cargoes to Euro

other foreign carriers have 

ventures with European C
established in Europe bef

increases competition in th

has entered into a joint 

transportation and distribu

expand its European prese

NYK the most impo

reportedly has also begun 

based at several European 

or transport companies 

European Community for 

The nations of Easte

former Soviet Union em

changes away from centr

market economic systems b

currencies Evidence of th

bilateral trade agreements 

Bloc countries and the Eur

also with the US Durin

Union began to decentraliz

Soviet and East Europea

joint ventures with Wes

modernization programs 

companies also began to 

additional cargoes to m

support of their operatin

development The US 

agreement in June 1990 

favorednation status when 

enters into force A bilate

was also concluded last 

nations to participate in 

1991 Baltic Shipping Com

carrier began operating 

Lakes ports and Northe

between the US Gulf C

planned to expand its US

the East Coast and Northe

Soviet Far Eastern Shippin
planned to begin service b

Pacific Northwest in the ne

It is expected that th

industries in particular thos

will result in less state own

perhaps moderating concern

and other foreign liner 

decisionmaking and applica

ventures should facilitate th

carriers desiring to enter 

Western companies or to 

transformation of shipping 

a loss of competitive advan

companies It has been re

required to make paymen

services involving internatio

pay world market prices fo

serious concerns exist tha

shipping could force these 

foreign markets by undercu

revenues On the other h

to foreign carriers and the 

result in increased foreig

export and import trade 

importance SeaLand 

transportation authorities 

joint venture agreement 

Railway system to deve

competitive alternative to 

and Asia SeaLand als

agreements with both Balti

Moreover as changes in E

lack of modern port facilitie

flow of cargo traffic movin

including Hamburg where 

to increase up to 500 perc
Carriers in the transa

in service rationalization 

competitive trade area car

increasing service frequenc

or the deployment of adde

service rationalization ag

fiscal year 1991 including

Tricontinental Service 

cooperative working arrang

and sailing authority U

Shipping Co Cho Yang 

terminals with Deutsche 

DSR Senator Linie Gm

round theworld service in

and North Europe The 

separately

Information System A

cooperative working agreem

PO Containers Amer

SeaLand and Maersk in th

points and all foreign ports 

TMMACS Space Ch

232 011335 between Trans

de CV and Star Shipping 

space on each other sve

common terminals jointly 

arrangements and interchan

USAtlantic and Gulf ports 

Northern European ports a

WALLNYKJoint Serv

and Cooperative Working A

agreement between the pa

cargoes suitable for carriag

trade from USAtlantic and 
including inland points via 

the United Kingdom Eire 

PO Containers Lim

Service Inc The Shipping 

Space Charter Agreement 

charter space on the Eco

remaining three parties u

the trade between USA

Space Charter Agre

Compagnie General Mariti

Nedlloyd Lijnen BV is a

US North Atlantic ports 

latter three parties are 

203 011171

Several significant jo

effective during the fiscal 

DSRSenator Joint S

between DSR and Senato

carriers to operate betwe

ports or points in Europe 

WALLNYK Eastbou

No 207 011333 between 

agreement utilizing rollon 

and Gulf Coast ports and 

those ports to ports and 

and Continental Europe

American Auto Carr

No 207 011315 is an a

Carriers Inc and Norweg

trade between US Atlan

United Kingdom Eire an
B MED

The United States A

served by two supercon

declining but still domina

trade is served by the Sou

SEUSA No 202 0106

subtrade is served by th

Mediterranean Rate Agreem

and has a companion po

Europe Pool Agreement U

authorizes the parties to 

space The inboundoutb

subtrades continue to be 

Pacific Coast Freight Confe

During the fiscal ye

strength of both SEUSA 

both conferences continu

principal carriers in the 

conference carriers offer r

addition during the fisc

dropped with the withd

Container Line from AG

Both carriers continue to 

independents

The Mediterranean tr

chronic overtonnaging In 

problem of overtonnaging 

Mediterranean trade whic

problem As the continenta

to expand as a result of pro

market and in response 

competition from North Eu

to the Mediterranean mark

Mediterranean is a logical c
attracts a number of ca

destination may be other 

contributing to the cargo s

is also a natural link from 

East thus several worldw

Mediterranean trade ad

overcapacity problem

Evergreen Marine C

its vessels from the joint s

and the Mediterranean 

Compagnie Generale Mari

westbound round theworl

maintain the same amo

remaining in the servic

operational efficiency rat

Currently industry report

vessels and the correspond

westbound Mediterranean 

Mediterranean carriers 

unprofitable assets from t

also means removing the s

eastbound trade possibly r

on eastbound overcapacity

At the conclusion of 

the westbound poolshari

resignation of Farrell Lin

westbound conferences c

future for pooling agree

Mediterranean trades As 

shares and service obligat

indicate that the pool nev

stability to a volatile mark

Due to the nature 

outbound pool has surviv

was formed in 1988 ex

Mediterranean has steadil
has decreased Early f

speculated about the contin

conclusion of the year both 

effect

Significant new agree

include a new conferenc

agreement The Israel T

202 011346 was filed amo

Zim Israel Navigation Co 

agreement authority by the 

will consolidate the two ex

the Israel Eastbound Conf

Conference

The MediterraneanP

Containers filed a 90day 

011342 in the trade from 

Continental Europe to por

parties are authorized to di

rates charges service con

agreement reached betwee

adherence

C 

Trade with Africa rem

West African sector where 

loss of volume in the first 

the prospects for increased 

US repealed the Compre

resumed trade with the R

Other countries which had t

removing them
D TR

During fiscal year 

confronted with imbalance

filling more than 90 perce

space but with U S impo

percent by year end Wh

strong cargo volume gro

improvement in freight rev

of the depressed movemen

into the US Overall car

majority of US export s

which typically move at re

The strong growth in 

was fueled by a relatively lo

conflict which injected la

cargo Meanwhile the 

dampened US demand fo

Conference carriers 

overtonnaged eastbound 

contracts and introduced 

Action IA rates IAs we

1991 through March 199

eight members of the As

Agreement ANERA N

3000 IAs ANERA did 

increase GRI of 200 p

The Transpacific St

203 011223 a cooperativ

parties to three conference

trade and five major inde

manage containership ca

maximum allowed capac

82 percent from 85 perce
trade The impact of the 

1991 was limited since TS

70 percent of their combin

TSA was further m

chartering of vessel capa

needed asavailable basis 

notice This amendment 

In the westbound 

Transpacific Westbound 

202 010689 began a com

in December 1990 system

increasing rates at differe

The system is in contrast to 

commodities are increased 

amounts at one time Sinc

implemented specific incr

8 percent on commoditie

tobacco hay and lumber

It is particularly note

refrains from entering in

entered into a service cont

form of the contract too is 

service schedules and gov

overall contract on an ind

member line not every 

contract Generally con

common rates and service 

a group which identically 

TWRA smembershi

Koreanflag carriers Hanj

Hyundai Merchant Marin

effective January 3 199

transpacific shipping lines 

formation of a new spa

agreement discussed lat
Marine Transport Corp 

member for allwater serv

and the need for more fle

another Koreanflag carr

trade Cho Yang as a ne

competitive rates initially 

Hyundai s departure 

response to the resignatio

twice Hyundai scargo v

Hyundai cited the difficulty 

in the Korean market as 

Hanjin also mentioned t

reason for leaving the con

Cho Yang began se

including the trade betwee

of the Tricontinental Servic

became effective Decemb

Tricontinental Service A

arrangement which perm

authority is the DSRS

DSRSenator a joint s

Senator which became ef

the Tricontinental Service 

and equipment terminals 

world service The partie

In a move described 

to promote stability in the 

independents formed the 

Agreement WTSA No 

carriers to WTSA are Han

Maritima Mexicana SA 

agreement went into effec

parties to exchange infor

and discuss and agree 

westbound cargo The par

adopt common tariffs or s
In a further effort t

their vessels the parties 

Evergreen and Hyundai 

Utilization Agreement T

TSUA the parties are au

other svessels as the need 

Prompted by the dep

in the eastbound trade sev

formed coordinated sailing 

to improve revenues and to 

Rather than reduce overa

agreements are able to pro

realize important operating 

sailing agreements also affo

is becoming an increasing

with many more distinct 

Southeast Asia and the 

region in particular has 

these new arrangements

The American Pres

Container Line Inc Recipr

Sailing Agreement No 203 

OOCL effective Septembe

of this type of agreeme

parties to charter space on 

schedules service freque

agreement makes it feasibl

five weekly sailings to a

Southeast Asia ports 

transpacific sailings a wee

As a second examp

Nippon Liner System Ltd 

Charter and Sailing Agreem

Australasia South West As

Trades No 232 011337 e

Neptune Orient Lines Ltd 
from each other and to c

acquired Nippon Liner Sy

the agreement on Octobe

agreement service which 

of three fixedday weekly 

service for the first time 

Oakland and three sailin

Japanese market Addition

Kong and faster transit tim

provided Other agreeme

The KL MOL and H

Far EastUS Pacific No

authorizes Kawasaki Kisen 

OSKLines Ltd Mitsui 

trade between the Far Eas

agreement effective June 

to charter up to 500 20fo

any of their vessels operat

The Mitsui OSKLin

Ltd Space Charter and Sa

AsiaMid EastUS Pacific 

effective May 5 1991 auth

space from one another a

other space sharing arrang

service improvement rath

agreement involves 21 sh

sharing arrangement on 

Northwest and Pacific So

have been able to elimin

service frequency in Japan 

and to reduce transit time

The MaerskSeaL

232 011321 effective Apr

Land to charter space fr

sailing schedules service 

rotation operation of feed
vessels to be operated 

arrangement utilizes a com

the two carriers to provid

intraAsian feeder service

transpacific Consistent w

capacity in the lowcost 

MaerskSeaLand service 

services out of Singapor

Maersk offered only two t

SeaLand three each carr

week as many as any othe

The Yangming and Ha

Agreement No 232 01131

to cross charter space on ea

schedules and sailings in th

ports in Australia and Eur

Coast ports Under the a

February 9 1991 the part

East service utilizing nine 

York Wilmington North 

The agreement resulted i

capacity on the USEast C

on the overall transpacific 

the two parties simply merg

Coast schedules and redep

US West Coast for the c

AsiaEurope pendulumtyp

E LATIN AMERIC

Despite the overall r

hampered trade worldwide 

the Latin AmericaCaribb

growth in fiscal year 1991 a

economic policies aimed a
hold the promise for addit

extensive gains in liner c

South America which incr

in fiscal year 1991 over 

imports from South Ame

21 percent in the same 

maintain a trade surplu

containerized cargo traffic 

The impressive grow

is largely due to the co

American authorities in t

barriers and governmenta

of more liberal trade poli

administration of Presiden

reducing trade impedim

lessening import tariffs 

practices and also by 

industry Brazilian shippin

discretion as conference 

association with other ca

carriers in the internat

predetermined by the gov

and cocoa exports exc

conference carriers as was 

established in the intern

expand their operations a

USBrazil trade has incre

policies Companhia Mar

only been authorized to o

has expanded its services 

cooperative arrangement 

Navegacao Alianca entere

operating in the trade be

and South American A

Navegacao has formed a 

trade between the USa

Brazil sstate owned carr

service in the US Atla
arrangement with the Norw

Severe financial troubles re

forced Lloyd Brasileiro 

throughout most of fiscal y

regain possession of its vess

agreed to an emergency loa

Along with Brazil oth

taken major steps toward 

advancing liberal trade poli

growth The Peruvian go

cargo reservation laws and 

freedom to make their ow

trade route selection ch

Similarly an agreement rec

Venezuela allows for the une

thirdflag carriers to reserv

between the two nations Th

in

overall

Peru

desire

and Venezuela

to enhance

w

possibility of sanctions levie

of each country in cases 

accordance with its authority 

Fiscal year 1991 not o

trading with South America 

Caribbean as well A renew

stability throughout Centr

growth in the regional trades 

exports to the Central Amer

percent in fiscal year 1991 

containerized imports from 

similar growth with a 153 p

Along with increased 

agreements filed by carriers 

and the Latin AmericaCar

fiscal year 1991 as compare

andor space chartering agre
in the trade and consist

CSAV TNE Reciprocal S

Agreement No 232 0113

Charter Agreement No 2

between Empresa Naveria 

Shippers Inc No 2170

Agreement No 2170113

SeaLand Service Inc a

217 011323 and Thomps

Shipping Ltd Space Char

The following four 

became effective in fiscal 

Working Agreement At

Cooperative Working Ag

CSAVSSI Cooperative W

and ColumbusAlianca 

addition a new pooling 

agreements became e

NeptunoCSAV Service 

EmpremarMSC Agree

TransrollSeaLand Joint 

F M

Two space charter 

conference agreement we

during fiscal year 1991 

Neptune Orient Lines Ltd 

No 217 011345 NOL N

Agreement No 23201

Agreement No 202 0113

Adjustments to esta

were necessary because o

Gulf conflict Saudi Ara
which forced alternative e

and the United Arab Emira

Ali Expansion plans were 

the addition of gantry cra

container freight station fa

closed because of war dam

Saudi Arabia

Carriers serving the re

and changing service in som

Company of Saudi Arabia 

its entire fleet of eight 

USMiddle East trade T

sailings every ten days L

adding a second ship Oth

services

d

to the region includ

Affretement and Joint C

Service is a containercarry

slot charter agreement am

Hapag Lloyd United Ara

Containers

G W

World liner shipping 

trades continued to be som

situation resulted in an 

restructuring of liner servic

was basically a continuation 

the past two years Any si

trades is likely to be largely 

stabilization agreements bu

of economic growth in th

realized

In general the situatio

market remained one of ec
capacity high and dep

transpacific the westbound 

growth while eastbound c

Carrier vessel utilization l

westbound and comparat

Far East liner trade 

unsatisfactory levels of sh

market developments 

rationalization and restru

in the Pacific where seve

TSA and entered into 

mutual slot charter arrang

company operations Sim

liner trades except the M

experience an expected s

in the aftermath of the co

Over the last year c

elimination of some carg

competitiveness of their 

shipping industries In p

liberalizing shipping offs

the same time the Andea

consider removing cargo 

countries as a step towa

their nationalflag shippin

reservation and protectio

government shipping po

increased liberalization 

apparent African coun

unilateral application of c

the United Nations Code 

In fact African countries 

basis of their understandin

review conferences that 

the Code to the entire tra

alone This prospect is 

industrial shipping nation

AUTOMATED T

INFORMATIO

A INTRODUCTI

The Commission adm

the 1984 Act which apply t

between the mainland an

foreign commerce respect

waterborne transportation 

carriers by water in these 

inspection their tariffs 

service contracts be filed a

available to the public in 

817 and 1707

A freight tariff filed 

of a carrier or conference 

charges and rules applica

service contract is a specia

carrier sthat applies in 

commitments are made in 

guaranteeing the carrier a 

period of time in consi

carrier to a certain rate a

Additionally termina

persons engaged in carry

wharfage dock warehou

A Customs tariff is a p

schedule of Customs duties
connection with a common 

domestic offshore commer

The statutes and im

Commission to ensure c

standards before tariff m

example a tariff or an 

unclear or indefinite and 

other tariff provisions alrea

contain effective date pr

statutes ega minimum o

a tariff filing is defective in 

and the filer must file aga

rate can go into effect S

rejected by the Commiss

statutory and regulatory req

550 580 and 581

In order to facilitate 

substantial penalties for no

adhering to the provisions 

a service contract See eg 

1708 and 1709

In addition to enforci

uses the filed tariff and se

and investigatory purposes 

related issues raised by 

proceedings as well as in 

contract provision on file 

official evidence of the app

certified by the Commissi

information is used for r

scheme is primarily designe

shipping public to promote 

flow of United States expor

is filed with and maintain

format
While the first US 

established in 1916 it was 

USforeign commerce we

all the rates charges and 

The number of tariffs 

Commission has steadily g

were 1268 086 tariff pages 

filings in the USforeign 

year there were 6946 

Commission

The enormous amo

limited number of employe

1980s to consider modern 

the paperwork burdens 

shipping industry as well 

Commission regulation A

area by the Commission c

B EARLY ST

In 1981 the Commis

the validity of the prem

requirements of the 1961 

based The study containe

The first part concer

the effectuation of non ta

formal decisions enforcem

October 1 1981 was 

questionnaire It concl

importance to many Comm

they could be more effec

accessible

2 A relatively small num

commerce have been required to 

Act
The second part of t

1981 evaluated the impact 

users shippers and freig

interviews with 25 impo

forwarders It revealed tha

that publicly available tar

maintained at the Comm

however agreed that the 

could be simplified by impl

system of rates computer

upon the US Foreign Trade 

of Domestic and Foreign C

States Schedule B

The third part of th

focused upon ten liner op

segment of the maritime i

publicly available and mai

those interviewed for the e

carriers and conferences st

the contents of tariffs A m

of tariffs might be a necess

that any program to simp

tariff automation

The overall conclusi

retention of the requirem

support in the maritime i

need of modernization 

computerization

While conducting th

also began an internal st

upon the Commission itse

during a six month perio

212 458 permanent filings 

Thirty out of several hundr

the total volume The in

upon first quarter fisca
estimated annual cost of e

filings of the 30 major file

With the results o

Commission explored the 

particular interest to the C

on the feasibility of possib

of an automated tariff sys

interviewed seven carri

forwarders twelve shippe

firms

The report of this su

revealed the overall belief 

the tariff system be autom

automated system was ove

that there was a likelihood 

system if it were more effi

to be less costly than the e

The various respond

stages of automation A f

and a number of confe

substantial commitments t

that were automated to s

automated tariffs would fit 

C FIRST STEP IN 

Recognizing that ther

support for tariff automat

to determine if any partie

appropriate system On N

published in the Commerce 

entitled Sources Sought 

Commission Electronic Filin
Tariffs Of the 31 replies 

responsive or partly respo

interest in being considere

system andor described th

also raised questions of bo

needed to be resolved befor

leading to the eventual ado

The major questions raised 

1 Does the filing a

a private contractor off Co

statutory requirement that t

2 Can the Commis

compliance with electronic 

3 What is an appo

vendor developed software 

database requirements

4 What copyrights 

5 What will be th

filing the data electronica

either filed or produced fro

storage be required To w

to be required

6 Will the contrac

use of the tariff informatio

7 What will be th

carriers and other firms tha

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 selecte

11 What will be C

on the contractor

12 To what extent 

tariff data into the electro

data

13 How will a sys

14 To what extent 

with other format standa

D THE SHI

On March 20 1984 

though the continued need 

been questioned by certa

private sector during hear

the requirements to file an

were authorized as an al

contracts were required 

Commission their essent

Commission in tariff for

public
E THE TARIFF AU

In August 1984 Com

appointed Vice Chairman J

Tariff Automation Task Fo

gathered additional inform

questionnaires to 17 oc

conferences 52 freight fo

questionnaires focused on t

to improve the process Si

of the results of these resp

Tariffs were use

basis and most

Most with the e

with the curren

indicated a des

Most of the 

commercial ta

carrierconferen

predominant us

large number o

shippers went 

representatives 

indicated that 

however those 

favored automat

and accurate da

A majority of 

available standa

eg Sche ul1A 

Annotated S

Classification 

Transportation C
did not use sta

nor did they s

Freight forwar

the greatest de

one type of co

Practically a

respondents be

to file data wi

fashion The N

be too expens

At about the same 

inhouse survey was cond

its needs for tariff auto

concept The survey resu

Most respond

bureaus felt th

the quality 

productivity

Sixtytwo perc

copy was unne

machine reada

copies were the 

for enforceme

case of compu

Forty percent 

classification 

efficiency and 

21 percent res

their efficienc

Responses we

geographic co
In August 1985 the T

Tariff Automation A Fun

describing the results of the 

the report described the pr

review and the Commisss

retrieval of tariff data The 

were described to be as fo

The automated 

sector to the ex

The system will 

the assessment 

information

Access by the C

The integrity of 

Commission t

ownership of so

the system

A means will 

monopolistic co

the system and 

existing satelli

dissemination o

Contractual arr

not curtail the 

to tariff docume

document room

The report recomme

study which would evaluate 

and their costs including a 

tariff

costs could

information

be recaptured

and the 

two primary options to be 
1 Multiple private s

Commission control or ov

tariff filing within the data

with the data and acce

database to the Commiss

Commission spublic refere

This might require some 

option would probably invo

and minimum government 

would likely be required to 

2 Single database 

a single database of tariffs 

and acceptance of the dat

made available to users f

offset the cost of the contra

grant the contractor a tota

however the report indi

advisable for the contrac

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 

contracted 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 ADV

The Commission ne

Administration GSA fo

and entered into an interage

with GSA on August 1 

funds were transferred to 

Work for the developmen

resulting in a contract fo

contractor

Early in 1985 the Co

importance of not only s

public arena the opinions o

by the automation of ta

pursuant to the provisions 

Act 5 USC app I 1 15 

Advisory Committee was e

The Commission sf

Advisory Committee was to 

GSA Advisory Committee 

the need for the Commit

obtain a balanced memb

membership on the Com

Register notice of April 

Nominees were required 

services and acknowledge 

any procurement solicitati

Committee

On November 11 19

Federal Register 50 Fed 

Formation of the ATFI A

the first meeting on Dece

FMC Commissioner Ed
Chairman of the Committ

represented three ocean c

two NVOCCs three fre

Customs Brokers and Forw

the California Association 

and importers and the Am

Importers two information 

Industry Association

FMC Chairman Edw

Advisory Committee meeti

guidance on the following 

automated system

Is it desirable t

Can it be stru

sufficient throu

for access to th

Is it possible 

system for the 

Can the integr

Commission 

ownership of so

the system

What means 

possibility of m

company that 

minimize inter

commercial co

dissemination o

Can the system 

public access t

made available 

otherwise
Can system ope

public access u

Act

Can a system 

imposed upon 

technical requi

automated syste

Chairman Hickey explained 

assure the integrity of the 

The Commission 

filings that do no

and is to dete

information pur

Act and other s

The system m

historical recor

and reproduced 

to comply wit

government rec

The system mus

or tampering w

and authorized 

All fees for the u

data reproduc

prevent deter o

The critical objectives o

established as follows

To allow each s

formulate and 

process of auto
To educate eac

about the needs 

such a process

To investigate 

and foreseeab

technology to a

Then if feas

compromises o

industry segm

acceptable and 

The Commission di

make an indepth and crit

of the ATFI Feasibility Stu

any implementation plan 

completion of the ATFI F

The Advisory Comm

from January to Novembe

input to and review of the 

Contractor The final 

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 requir

Feasibility Study were
1 Key Tariff Filing R

a Electronically c

Commission

b Provide fault tol

c Provide compa

extent possible

2 Key Commission T

a Accept electron

essential terms amendme

b Provide tickler c

on a letter of criticism

c Perform compu

filings e g syntactic valid

d Provide worklo

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 Retrie

a It is expected 

into this system will b

exclusively Thirdparty 

services to the public

b Retrieve curre

keys egorigin and des

c Retrieve histo

keys egcommodity co

d Link tariff info

e Retrieve curr

formats egpage

f Retrieve histo

formats egentire tarif

g Provide compu

egsubscription service

h Retrieve tariff 

egrerating

i Retrieve tariffs 

indices

4 Key Functionality 

a Accuracy eg

the database

b Timeliness eg 

rates
c Security egus

d Special analyses 

5 Key Policy Assump

a Commission will 

via terminals in a public t

Commission will make copie

party vendors who could th

services on a retail basis

b Commission wo

valueadded services direct

be provided by thirdparty 

provided by the system wou

users egfor enforcemen

c Commission wo

rights to the database as a 

The functions and r

identified in the study have 

backbone of subsequent e

The system concept deve

Commission by the Contra

73 million and an estimate

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 requirements 
The ATFI Feasibility 

Tariff automation ap

the maritime indust

automation appears 

potential costs of ta

the reasonable range 

that would accrue and 

process

The Advisory Com

Feasibility Study in 

recommendations which th

First the Com

automation as 

Second the 

costbenefit stu

the perceived 

costs of the imp

G BENEFIT 

PROCURE

In October 1987 a B

a commercial contractor 

feasibility of the project 

Office of Management an

In December 1987 a 

for the project was obtaine
H INQUIRY ON THE 

and PRESOLICI

In December 1987 t

draft request for proposals 

from the vendor communit

the Commission sought 

functionality of the system 

The purpose of this o

the regulated community 

fully aware of the Comms

Comments were requested 

the basic functionality of 

functionality as set forth in 

constant throughout the p

The electronic 

Commission is seekin

the contractor sce

terminals at the Com

and retrieval Th

electronically filed is 

the industry Transpor

and will emphasize 

pages as under the p

basically equivalent 

paper tariffs and can 

to issue an entire rev

As recommend

Committee standardi

will not be mandate

must have the capab

the appropriate time 

essential terms of se
Full implement

to allow commercial 

Exemptions at least 

types of tariff filers w

the electronic system

The system wi

existing computer eq

for full connectibil

primarily by usi

microcomputers di

Commission sdataba

online edit checks to 

correct and that bas

with before the tarif

checks for example 

improper effective d

than 30days notice 

is warranted such 

provisions will still 

staff and if necessa

The system compute

this process also

The ATFI sys

mechanisms to prote

Tariff filers wi

tariff materials by r

system by carriers or 

The carrier or confe

tariff so that the a

Commercial tariff se

by carriers and confe

into the database aft

their clients or tra

electronic form 

commercial tariff se

find it difficult to file 
Once the tari

Commission will do

files formatted onto 

to any person at the 

of

statutory

dissemination

duty of

reasonable charge I

number of rapidly ch

industry however in

updated database tap

a subscription service 

The Commissio

processing of the tari

in competition with 

expected that those s

tapes to facilitate 

Commission must h

tariff data internally f

purposes and will c

available valueadde

for this purpose

In order to car

making tariffs and e

available for public 

continue to have 

headquarters in Wa

persons can access a 

particular tariff will 

scanned to find the 

copies of tariff data 

request especially fo

tribunals for proceedi

tariff rates Inquiry o

1987 52 Fed Reg 45

Explained in the Not

draft RFP was remote acc
modem almost any time 

information by any interes

October 28 1986 Feasibil

b Retrieval a

Commission wou

a member of the 

automated tariff sy

example the system 

Coast to retrieve da

using a terminal o

device Le a mode

over public telephon

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 pri

tariff automation 

e 

make available copie

only if they can spe

user fee is assessed 

not expand these 

implemented 

ensure that thirdpart

Pages IV8 and 91
While the Commissi

on the proposed features 

ATFI system a draft RFP 

Firms and individuals on 

submit their questions on t

and to attend a presolicita

for facetoface questionin

In April 1988 the Co

Automation Inquiry 53 F

rationale for the features 

system

I REMO

While the Commissio

RFP it became aware of 

Subcommittee on Informa

OMB Their concerns re

remote retrieval As not

to allow the shipping publi

to an individual tariff of a 

access to one tariff at a 

sophisticated searches Q

based on an apparent per

compete with existing or in

by private sector firms 

acknowledged its commitm

the development of the sy

retrieval concerns 53 Fed 

During the period Ju

reassessed the functionalit

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 o

the Commission remained 

remote retrieval and stated 

draft RFP

The remote retrieval 

Accordingly this dra

retrieval question sti

in the final RFP

After much analysis a

decided in December 198

system with remote retrie

Automation Inquiry the C

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 contra

of the Feasibility of 

report accurately des

the ATFI system in t

sector firms to full

submitting proposals 

and discussed by th

Committee at the tim

remote retrieval

More importa

Commission and the 
Study Report subo

functions as an 

information firms

Commission do

party services for the 

and analysis of tar

others in the private 

Accordingly th

allow the general 

rudimentary retrieva

analysis of the data

In consideratio

Commission and the 

to properly perfo

accommodation appe

The shipping p

modern technology b

tariff data on a lim

services the utilizati

filing and retrieval 

efficient tariff filing 

fair competition and 

Accordingly a

Commission believes 

policies and conflictin

system and has struc

functionality of AT

Feasibility Study an

December 23 1988 

See also Section K 

1992 below
J CONTRACT 

After receiving many 

RFPs and after resolvin

Commission issued a fina

potential offerors on the 

received in March 1989 an

cost effectiveness

On August 8 1989 

Phase I System Co

requirements and Phas

Research Corporation PR

Virginia teaming with Da

Pittsburgh Pennsylvania 

as the best cost proposal

The contract for the 

options for each subseq

Testing Prototype Oper

Operation the letter of w

year 1992 If all options 

worth approximately 5M

Work on Phase I beg

fiscal year 1990 the Contr

as Phase III Developm

year Commissioner Dona

charge of the Commisss

Processing ADP Comm

The system Prototy

1990 As required by Cla

contract the Contractor 

developed by private ind

could be incorporated 

improve it The surve

package one being d
functionality requirements 

software promised that it w

At about the same tim

the contract the Contracto

some other changes mostly 

improve the system One 

substitution of a new mode

planned mainframe comput

sufficient capacity but signif

interface screen navigation 

submitted a proposed mo

changes and Delegation 

obtained from GSA for the 

Since DXI contemplate

for its proprietary software 

donate the software to the 

agree to a cosponsor appro

Regulation FAR at 48 CF

its enhancement and relin

Commission Thus the new 

protect DXI s rights in thi

escrow arrangements The 

oneyear warranty after it f

complete access to the under

thereafter

Under the license agr

the copyright notice as fo

International Inc Unpublis

copyright

and 52227

laws

14

of

The

the

Commis

United 

this or any other commercia

prime contract requires 

performed by an affiliate of 

separate from contract p

cosponsored approach allow

27408 and as implemente
arrangements complies wi

101st Cong 1st Sess 5 6 1

in establishing the ATFI 

steps to ensure that the p

gaining an unfair advanta

the provision of valueadd

contract was modified to 

On August 1 1990 

No 9023 in which it issu

NOI Advanced Notice 

further public comment o

considered for ATFI and 

tariff practices On Septem

of the system was held

Public comments on 

in October 1990 and a

December 26 1990 the 

Report First Interim Re

and resolved the issues ra

The proposed refine

issues contained in the fi

also required revision of 

Reference Tables Transa

1990 Accordingly the fir

appended the ATFI Batc

transaction sets file trans

reference tables On Fe

the Batch Filing Guide 

form of an Information 

distributed to over 

demonstrations in Wash

Supplement 2 to the 

IB 1191 Supplement 

IB 2091
On March 25 1991 

Interim Report that respon

Tariff Filer Firms which w

Commission sfiscal year 1

February 28 1991 by the S

of the House Committee o

and which were submitted 

1991 The Second Interim 

established a schedule to 

that the Batch Filing Gui

begin immediate developm

IBs 991 and 24 91 b

and answers were issued on 

1991 after a September 1

public respectively

The Commission s 

proceeding was issued on 

availability appearing on Ju

and finalized most of the re

1990 NOI so that a Notice 

issued The additional co

commenters in this procee

comments were invited on t

modified approach to the Ha

transition plan

The proposed rule in 

Contracts was issued on S

46044 as a new Part 514 o

for comments being Octob

information to the proposed 

the Commission sreports a

policy issues listed in the N

CFR of portions of proposed 

indicated that the Batch Fil

by reference
At the end of fisca

analyzing comments to the 

comments to the proposed 

implementation will begin 

In addition to public 

for informal written comm

training information bulle

Commission as noted abo

this proceeding for ident

major policy issues and fo

The interim reports thr

final report provide oppo

issues while the traditio

andor final as here is

implementation of the po

Commission sreasoning a

rounds of voluminous com

issuances should be consu

K UPDATE O

MA

Since the 1986 ATFI 

and I above the Coms

designed to accommodate 

data through modems to 

minicomputer Howeve

The Reports and rulem

the Batch Filing Guide as u

Shipping Regulation

During fiscal year 1

demonstrations of the ATFI sys

training sessions each for app

involved in tariff filing
sector tariff services the 

remote retrieval such 

rudimentary information tt

Such a restriction was e

10192

The Commissio

on the system to lim

person

Congress explained this pr

Concern has b

accessibility of the AT

In particular the remo

public to dial into the 

particular carrier sra

given trade

At the presen

reasonable controls 

offered because the 

or implemented Ho

possibilities are reaso

could be limited to re

full format and the us

tariff of the particula

alternative specific li

imposed and automat

limitation or a com

requirement discusse

101st Cong 1st Sess
While the AT

developed the Com

built into the design 

of a limitation on ac

the total amount of ti

logoff feature So

assist in preventing 

features and prevent 

a single entity S R

Both the House Merc

Committees also reque

developments on reasonab

1990 Update on Remo

Commission s28th Annual 

continues that practice

In addition to the 

contained in HR Rep 

101162 the Commissios

Act

In implementing 

the Commission to 

that ATFI will no

providers

1986 Feasibility

of informa

Stud

system should be o

analysis of the da

governing the system 

5

December

The

1990

Update

Interim

on Remote

Report

Ocean Freight Tariffs in Foreign 

ATFI Notice of Inquiry with a

1991 the Commission provid

comment as well as public dem

Phase
to access the system 

automatic logoff

S Rep No 

added the word 

language is ide

The ATFI Contra

staff has developed rea

governing remote access 

Congress as described abo

to further changes as dev

and even after experience 

It is intended that the

of modem access after five 

similar to many types of e

For remote retrieval 

specification by the user 

accessed after consulting 

identify the soughtafter T

also be various help func

before bringing up the item 

Because tariffs will 

sections governing the app

of the same tariff may also 

tariff filer has a separate 

instead of an allinclusive 

types of governing tariffs m

session In order to be 

applicability of a rate thes

only clarification to the on

When the system firs

that the retriever will be 

after a particular time such 

established should allow 
applicable rules and perh

mistake in selecting the fir

limit can and will be adjus

Software and instruct

to assist in correcting as 

tariffs are filed This sho

In order that a carrier can 

been successful however i

own filing in the non public 

message screen developed 

errors the easier it is for a

The ATFI system 

identification and monitor

be taken to prevent access 

The Commission sru

address remote retrieval iss

public The final or interim 

there are any other contro

access the Commission 

promptly apprised

SECTIO

SECTION 18 

FIVEYEAR 

IMPACT OF THE 

In September 1989 

Report on the Shipping A

and the Advisory Comm

Shipping Advisory Comm

detailed evaluation includi

the impact of the 1984 

industry It was the produ

mandated by Congress in 

addressed a set of specific 

be important in assessing 

the 1984 Act In parti

section 18aof the 1984 

1 increases or decreases 

the frequency or type of c

specific ports or geograp

strength of independent ca

length of time frequency 

regulatory proceedings

Congress also ide

section 18c3of the 198

in its Report 1 the a

tariffs based on volume an

antitrust immunity for port

continuing need for the s

filed with and enforced by 
The Report was also 

Justice DOJ DOT an

The three aforementioned 

analyses on the impact of 

Advisory Commission

In fiscal year 1991 th

update the information co

may be useful to the Adv

study The FMC also pro

Commission

The Advisory Comm

comprehensive study of 

concerning conferences in 

specifically address whethe

by prohibiting conference

conferences The Advisory 

after its establishment sub

a final report containin

conclusions including 

administrative judicial an

advisable The report is d

For more details on 

Reports for previous fiscal 
FOREIGN SHIPP

O

A TH

The Omnibus Trade 

enacted by Congress and e

on August 23 1988 contain

Shipping Practices Act of 

The FSPA directs t

conditions affecting US c

trades which conditions 

countries in the US eith

acts of US carriers or oth

related services in the US

B ACT

In January 1991 the 

demand order pursuant 

restrictions imposed by th

USflag carriers in the US

made in the course of dis

PRC the Commission was 

of progress in easing 

limitations on US car

recognition of US carrie

and inland operations an

applied charges for variou
In July 1991 on the b

demand order issued to US 

in the USPRC trade 

investigation under the F

During the pendency of 

governmental

review of the

consultation

reports f

substantial PRC concession

of the US carriers t

10002 c2of the FSPA a

the investigation 90 days 

parties time to experienc

implementation of its com

On April 15 1991 the 

the FSPA requiring Japan

USJapan trade to provid

imposed on carriers servin

known as the Japan Harbo

Commission subsequently i

the FSPA The proceeding 

based on the US carr

agreement had been reach

adverse effect of the Fund 

Japanese Minister of Tra

discontinued after March 3

are required to report qu

through April 1992

In February 1991 the 

information demand order 

US and Taiwan carriers 

Taiwan restrictions that ap

from conducting a full ra

operations in Taiwan Thes

prior FSPA proceeding in 

assurances by Taiwan that 

would be changed and the 
advocate sanctions Com

despite some progress so

Based on the respons

in October 1991 the Co

investigation A final Com

1992

C TOP TWENT

TRADI

Section 10002 g

Competitiveness Act of 

include in its annual repo

foreign countries which 

oceanborne liner cargo fo

bilateral trade with the U

list of

The

top

data

twenty

which

partners

the s

Census Census The C

tramp tanker and dry c

service as that type of 

operator of vessels on b

schedules of vessels in li

fixed The data supplied 

intended to exclude all no

this definition

Export

The

Declarations

export data

while

are

the import entry and ware

of documents are require

These data are subsequen

and import statistics exc

possessions shipments o

imports of vessels themse
military household goods 

supplies intransit shipment

The most recent ye

available to the Commissio

on the next page indicates 

generated the largest volu

bilateral trade with the US 

represent each country stot

thousands of long tons
Rank Country

Top Twenty 

Trading 

1 Japan 

2 Taiwan 

3 Republic of Korea 

4 Federal Republic of 

5 China PRC 

6 United Kingdom In

7 Italy 

8 The Netherlands Ho

9 France 

10 Hong Kong 

11 Brazil 

12 Belgium 

13 Australia 

14 Spain 

15 Thailand 

16 Indonesia 

17 Philippines 

18 India 

19 Singapore 

20 Sweden 

Source US Department 

Figures listed above are 

Census and are subject to 
The top twenty tra

calendar year 1989 as in 

rankings did change slight

ranked country for 1989 

position In 1988 PRC w

partner with the US in 

Kingdom moved upward to 

seventh in 1988 The rank

reversed in 1989 from wha

year The rankings of the 

moderately between the tw

In 1989 Census sepa

the countries of Belgium 

groups under a new system 

to this point the two coun

three digit country code T

USand Luxembourg amo

ranking

1989 The

among

exclusion

the

of

top

the

position
V

SIGN

OPE

ACT

ORGANIZA

A OFFICE OF 

1 General

The Office of the Se

all matters submitted to an

the Commission Accord

preparing and submitting 

matters for consideration by 

maintaining the minutes o

on these items receiving a

complaints involving violat

other applicable laws rece

applications and applic

administrative errors in se

notices of actions of the Co

and records of all fo

communications petitions 

legal instruments in admin

served on the Commission 

administering the Freedom 

Sunshine and Privacy Acts 

from the Commission staff 

issuing publications and 

documents of the Commiss

volumes of Commission d

copies of the Commission s

The Secretary s O

development of rules des

complexity of formal pro

implementation of legislativ

During fiscal year 1991

The Commissio

proceedings and 

formal proceedi
were discontinu

while fourteen i

Law Judge bec

Commission r

concluded 167 

informal dock

against carrier

applications to 

same period th

four rulemakin

Nine rulemaki

petitions were 

the end of the y

are anticipated 

The office beg

microfiche to sa

in longer storag

2 Office of Informal 

Informal Dockets

This Office coordinat

system throughout the 

complaints and informatio

year 1991 Recoveries to 

refunds and other savin

handling activities amoun

Office has helped complai

The Office coordin

industry representatives an

copies of procedures dock

by the general public D

responded to 910 such tele

Office maintained liaison 
Consumer Affairs Counci

the fiscal year

In addition the O

adjudication of reparation 

filed by shippers against c

the foreign and domestic o

claims must be predicated 

1984 Act or the 1933 Act 

under this program cons

adjustments arising from 

During fiscal year 1991 22 

cases were carried over f

same period 47 informal 

Office while one other be

5 pending cases at the clo

During fiscal year 1991

The Office help

program desig

with compla

Implementatio

that each com

equipped to de

The Office act

series of disput

equipment det

B O

ADMINISTRAT

1 General

Administrative Law J

the receipt of a complaint o

Commission sown motion

Administrative Law 

administer oaths and affirm

offers of proof and receive 

depositions to be taken whe

served thereby regulate 

conferences for the settleme

consent of the parties dispo

matters make decisions or 

other action authorized b

Administrative Procedure A

At the beginning of fis

pending before Administra

242 cases were added whic

to Administrative Law Jud

judges held 14 prehearing 

hearings formally settled 

discontinued 24 proceeding

formal proceedings 1 initial 

and 175 initial decisions in 

2 Commission Action

The Commission ado

formal decision became ad
decisions in 152 proceeding

1 special docket decision w

3 Decisions of Ad

proceedings not ye

Judges also issued 

Nos 1721 1721R 1751 

1854 1858 1859 1864 1

1873 1875 1876 1877 1

1884 1885 1886 1887 1

1894 1895 1896 1897 1

1905 1906 1907 1908 1

1916 1917 1918 1919 1

1926 1927 1928 1929 1

1936 1937 1938 1939 1

1946 1947 1948 1949 1

1956 1957 1958 1959 1

1968 1969 1970 1971 1

1978 1979 1980 1981 

1991 1992 1993 1994 

2001 2003 2004 2005 2

2014 2017 2018 2019 2

2033 2034 2036 2037 2

2050 2051 2052 2053 

Decisions of the Commi
4 Pending Proceedin

At the close of fisca

proceedings of which 4 w

Commission The remain

the filing of complaints or 

water shippers conferen

terminal operators trade a

C O

THE GENE

The General Couns

Commission This includes 

recommendations for Com

rules to implement Comm

decisions orders and regu

In addition the Office of th

or oral legal opinions to 

general public in appropria

represented the Commissio

1 Decisions and Rule

The following are 

representative

Office

of matters p

Appeals of TariffRejecti

90 and P890 25 SR

The Commission gran

ocean carrier conferences s

of split shipments Split s

pieces of cargo received b

shipment under a single bi

an FMC regulation requirin

the rates applicable to a g

and in effect when the ca

granting the conferences p

in the case of split shipmen

and in effect when the fu

received
Petition for Exemption 

Requirements Under th

No P591 SR 

The International 

Associations and 22 indiv

Commission pursuant to 

exemption for NVOCCs f

section 8 of the 1984 Ac

of the filing of the pe

interested persons by N

Commission sconsideratio

also requested to address 

to the issue of NVOC

subsequently extended 

January 21 1992

Petition ofAgriculture O

Rulemaking to Prescribe 

Charge and Other Surc

SR1404 March 1

The Petitioner requ

the carrier practice of 

terminal handling char

Petitioner claimed are un

costs to carriers which 

Petitioner argued that 

relationship to the costs 

assessed and proposed 

inclusion of any profit ma

surcharges The Comm

Petitioner presented an 

issuance of corrective reg

solution was unworkabl

Commission determined t

for the purpose of gatherin
Petition ofEvergreen Ma

Order Petition No P2

1991

Evergreen Marine Cor

proceeding by filing a pet

guidance concerning Globa

attempt to access an Ev

Commission rejected Eves

25 SR 924 without 

Subsequently GIT filed a 

1990 Order and later filed a 

The Commission denied 

Commission found that GI

reconsideration of the 199

Evergreen spetition had be

another docketed procee

questioned whether any of t

have any relevance to the 

improperly denied access to 

In the Matter ofMaritime 

Transportation RulesAffe

United States Petition 

September 20 1991

In this petition the Mi

the Department of Defense 

the Maritime Administrat

regulation affecting shippin

meaning of section 19 of the 

have been subjected to pre im

by the Commission pursuan

Comments in opposition to 

and by four ocean carriers 

constitutional doctrine of se

quasi legislative independen
jurisdiction over rules iss

DOT The Conunission f

agency it was similarly b

between two Executive ag

MSC has filed a pe

pending before the Comm

Actions to Adjust or M

Shipping in the United V

No 9122 56 Fed Re

In response to a 

conditions unfavorable to 

trade between the USan

a Notice of Proposed Rule

1920 Act Affected intere

Rule Subsequently follow

commitments were made 

matter is now pending the 

comments filed and the g

Actions to Address Adv

States Carriers That Do 

the United StatesJapa

Order Discontinuing 

Reporting 25 SR

The Commission i

requiring Japanese and US 

trade to provide informa

carriers serving Japanese 

Japan Harbor Managem

Requiring Information 25

to this order the Commis

investigation under the 

discontinued on June 13 
representations that a new 

substantially removed the 

with a commitment by the 

the Fund would be discont

to the proceeding are requ

to the Fund through April 

Bonding of Non Vess

Docket No 911 25 

On January 15 19

Interim Rule to implem

Interim Rule added a new 

Federal Regulations and a

581 New Part 583 establis

solely to NVOCCs It req

the foreign commerce o

exclusively in transporting 

personal effects obtain a 

NVOCCs not domiciled in 

agent for service of proce

served the Interim Rule 

Secretary of the FMC Th

for the suspension or can

failure to maintain a bond 

Part 583 contained Form 

NVOCCs

The Commission rec

Rule On October 8 199

Rule which contains sever

A provision relating t

used military household go

so that civilian Departmen

clearly included within 

provision was amended to 
subject to other requirem

bonding imposed by DOD

Common carriers tran

have an additional method 

NVOCC is in complianc

requirements of the 1984 A

NVOCCs in compliance th

the Commission The req

common carriers must asce

shipper tendering cargo wa

With respect to service 

Rule prohibits ocean comm

entering into service contr

NVOCC has a tariff and a 

23 of the 1984 Act In ad

contract must certify its st

service contract If this cert

NVOCC the ocean commo

proof that the NVOCC is ta

be obtained by consulting 

published by the Commiss

NVOCC srule 24 The Fin

NVOCC joins a shippers 

service contract that NVOC

the ocean common carrier o

Credit Practices ofSeaL

Linjen BY Docket 

December 20 1990

The Commission dete

extending credit exclusively 

description of traffic is an u

or advantage under sectio

Commission ordered that 

canceled
Definition of Shippe

Commodity Rates Doc

February 19 1991

The Commission disc

which would have amend

required that mixed comm

shippers and shippers 

Commission determined th

its attempt to define wh

Commission also consider

Proposed Rule were addr

Amendments

Inquiry Into Laws R

Government ofEcuado

States Ecuador Trade 

January 16 1990

A petition for enfo

Rule issued January 16 1

December 1990 The F

conditions to exist in the 

certain laws and decree

reserving liquid bulk c

Ecuadorianflag vessels 

50000 per outbound vo

Maritima Transligra SA 

carrier Although Tra

Commission that it had s

tanker it had been oper

enforcement alleged that T

trade with a changed op

instituted a Fact Finding 

larger proceeding to look 

corporate relationships of 
well as the granting of 

Ecuadorian cargo reserv

following promulgation of 

California Shipping Li

Transport Corp Dock

October 19 1990

California Shipping L

against Yangming Marine T

on Yangming sfailure to p

contracts The Commission 

issued by an administrative 

CSL The Commission fo

situated shipper within the 

Act because it did not ade

meet the essential terms o

sought access The Comm

could not be precluded from 

because of their status T

concerned about an acces

essential terms of a service c

bond in lieu of denying an 

also emphasized that a ship

cannot permit other shipp

contract except under very 

2 Litigation

The General Counse

litigation before courts a

Although the litigation work 

Commission upon petition f

US Courts of Appeals the 

in actions for injunctions e

actions to collect civil pen

Commission sinterest may 
The following are re

the Office

ForeigntoForeign Agre

70530 Ninth Cir July 

The Commission held 

1988 24 SR 1448 tha

carriage of US exports 

Mexican ports were not s

antitrust immunity provisio

reconsideration were filed 

that serve USas well as C

that the entire conference 

dealing with USport call

Commission pursuant to 

rejected these arguments 

1989 relying on the 198

common carrier and the 

The Commission sorders w

US Court of Appeals fo

Westbound Rate Agreemen

1991

Puerto Rico Maritime S

Declaratory Order IC

Nov 20 1990

The Puerto Rico Mar

sought a ruling from the 

ICC that a service it p

jointrate throughroute tra

regulation The service con

PRMSA sport terminals in 

port terminals and truck m

terminal areas The F
PRMSA spetition Althou

rule that insidethe fence 

porttoport service into jo

more

truck movements

narrow result

were

urged

par

b

unloading operations rat

accordingly that PRMSA s

exclusive porttoport juris

ASIvarans Rederi v U

Cir 1991

The Commission dete

port service carried by w

vessel at a USAtlantic C

to a US Gulf port and m

a Gulf port as the destina

Atlantic or Gulf reven

modification of the Gulf 

specifically placed revenu

Agreement The US Co

Columbia Circuit in AS 

affirmed the Commission 

question of the interpretat

did not require referen

Commission sdeterminati

United States of Am

Commission v Martyn C 

Civ 6253

The US and the Co

Commission order assess

against Martyn C Merritt 

and controlled by him and 

named corporate defendan

sections 16 Initial paragr
Although

proceeding

the

was

violations

initiated b

cease and desist order was 

Court denied defendants 

ordered the Commission s

United States of Am

Commission v Eddins B 

Ltd et al SD Florida 

TheUSand the Com

of a Commission cease and 

civil penalties assessed by F

Ltd for violations of sectio

Act and predecessor prov

entered a consent judgme

enjoining them from fut

Additionally the consent j

and Marcella to pay the tot

the Commission in the am

3 Significant Ongoin

Actions to Address Adve

States Carriers in the Un

China Trade Docket N

July 22 1991

On the basis of respo

issued to USflag carriers 

the Commission initiated a

PRC restrictions on USca

addressed in the investigat

for US carriers recognit

issues intermodal and rel

costs in the PRC During 
commercial and governme

Commission sreview of t

revealed substantial PRC 

the request of the US 

section 10002 c2of the 

date of the investigation 90 

the parties time to experie

implementation of its com

Actions to Adjust or M

Shipping in the United 

No 91 24 56 Fed Re

The Commission in

address restrictions on 

USKorea ROK ocea

operation of Korean law 

precluded from engaging 

from directly contracting w

commitments made by the 

of the issues the Commiss

further action in this ru

comments from the parties 

Notice of Inquiry Co

Surcharges by Comm

Docket No 9114 

The Commission in

comment on whether the u

conference surcharges war

Questions posed by the 

breaking out of transpor

surcharges obscure the ulti

whether they are calculat

whether their use undermin

the tariff system
The Commission det

meeting that the inform

responses to the inquiry 

rulemaking on the subjec

surcharge practices would b

staff The Commission also 

would resolve many of the 

4 Foreign Shipping 

Matters

Several reports re

prepared and submitted to 

under section 19bof th

and 91 24 above In addit

finding investigation in c

enforcement of its Final R

See Docket No 897 abo

A number of reports 

were prepared and submit

arising under the FSPA an

Commission issued several i

to the FSPA and 1984 A

number of USAsian trad

regulations policies and p

foreign entities which appar

conduct shipping and anci

these countries or otherwi

operations

Prior to the issuance 

Proposed Rule regarding c

the Commission issued an in

US and Korean carriers o

questions on Korean restric
operations and the operatio

The Commission also issue

US and PRC carriers ope

Significant Ongoing Activ

Regulations Policies and P

China Affecting Shipping i

SR 1347 January 29 

received the Commission 

1988 Act See Actions to A

United States Carriers in th

China Trade Notice and O

July 22 1991

The Office of the 

interagency groups and 

particularly as technical a

Policy Group whose other 

DOT DOJ the US De

and the Office of the US

also coordinated and partic

including European Co

Commission

Finally under the 

program several common 

during the fiscal year for 
D O

EQUAL EMPLOY

The Office of Equal 

applies knowledge of Feder

concepts procedures and re

comprehensive program o

The Office works indepen

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 clo

managers and supervisors t

Improve recruitm

minorities and 

conditions in the 

Provide adequat

Facilitate early 

problems

Develop program 

The Director EEO ar

who raise allegations of 

investigation hearing fa

resolution of such compla
rejects formal complaints o

decisions for resolution of f

evaluates the program sim

Significant accomplish

following 1 continued t

employees which results in 

program and employee si

to the program 2 pla

extensive internal and exte

staff participation 3 p

District Director sannual 

technical support and EEO 

concert with the FMC O

Coalition for Small Agenc

developed and initiated 

6 continued to utilize e

training at no cost to the 

complaints 8 developed 

emphasis arena with the 

Department of Veterans 

Securities and Exchange C

Congressional Workshop f

Council and initiated an 

Asian Pacific Americans 

Coalition of Small Ag

information brochures to 

and understanding of the 

utilize the early interventi

has worked exceptionally w

of formal complaints of di

During fiscal years 19

its existing programs and in

management and employe

and responsibilities
E OFFICE OF IN

The Office of Ins

Commission was establishe

Act of 1978 which was 

additional statutory inspec

entities including the Com

It is the duty and res

Provide policy 

supervise and c

relating to th

operations

Review existing 

regulations rela

and operations 

concerning the 

regulations on 

the prevention a

the administrat

and operations

Recommend pol

or coordinate ot

by the Commis

economy and ef

preventing and 

Commission sp

Recommend pol

or coordinate re

and other Fe

governmental 

agencies with re

promotion of 
administration 

of fraud and a

administered o

the identificatio

any fraud or a

Keep the Cha

currently inform

other reports c

problems abus

administration 

administered 

recommend co

problems abus

the progress ma

action

Significant accomplis

the following

1 Completed a major 

local area network LAN 

2 Conducted an audit 

Inspector General at the 

OPM to determine the 

insurer against the US G

3 Completed a num

Commission functions as 

and various informal inqu

4 Finalized internal g

and investigations In ad

all employees outlining th

The circular sets forth p

investigations the types o

responsibility of employe

Commissionwide effort to 
orders a revised Commiss

General function at the C

5 Participated as an a

Conference of the Press 

Efficiency PCIE The 

number of committees est

In fiscal year 1992 

significant audits will be is

up reviews Investigations 

part of the Office songoin

ways to improve the efficien

as well as combat waste 

activities informational cir

be issued The Commisss

his participation in the PC

provides a forum for the e

general community

F OFF

MANAGIN

The Office of the M

various Commission Order

authorizations is responsi

administration and coordin

and programs This has be

and proper achievement o

The Office provides 

supervision to the

Bureau of Trade 

Bureau of Tarif

Bureau of Hear

Bureau of Inves

Bureau of Adm

Additionally the O

furnishes administrative dir

Office of the Se

Office of the Ge

Office of Admin

Office of Equal 

The Office also provid

Office of the Ins

The Office of the Ma

for the Commission prog

Management Internal Con

and updating of all Commis

transferred to the Office of 

a Commission reorganizatio
A significant achieve

1991 was the continue

enforcement program inv

highlight of this program 

agreement with thirtyfive 

trades The settlement in

Commission of 18964 857 

questionable trade practic

the Commission scontinui

transpacific trades Plan

investigations based on d

and the preliminary inves

programs were implemen

Additionally the O

emphasis on restrictive tra

Monitoring and surveillanc

and the staff participat

Commission reviewed th

practice This activity w

Office also coordinated th

drafted the Interim Rule 

implement the 1990 Ame

Also in fiscal year 

assistance to Commissio

passenger vessel industry a

the Controlled Carrier F

Commissioner Hsu s over

A Deputy Managing 

for the Commission sdev

was transferred from the 

Office of the Managin

reorganization during the 

the ADP Committee wh

Commission The Comm

Managing Director for fo
year 1991 the ATFI projec

Prototype and full operati

The Office is curren

1 Guiding the develop

Commissioner Hsu recently 

Chairman as Chairman of 

the lead Commissioner o

after Commissioner Qua

development stage

2 Directing under the 

followup activities relative 

of the 1984 Act including 

provided to the Advisory C

3 Directing staff input 

role as lead Commissione

on regulation of the dome

4 Guiding the continui

wide LAN which will ul

system

The Office of the Ma

fiscal years 1992 and 1993 

staff efforts regarding th

development of staff effor

foreign governments and t

and coordination of s

Commission

G BUREAU OF 

AND 

1 General

The primary function 

and Analysis formerly the 

plan develop and adminis

of concerted activity of co

standards of the 1984 Act 

of the fiscal year 1991 reo

activities of the former B

integrated into this Burea

and Analysis major progra

Administering 

programs to ide

commercial an

UStrade in or

staff apprised o

trends and 

waterborne line

Conducting sy

activity

administration

in are

Developing ec

support of 

responsibilities

Processing and 

marine termina
Providing exper

in formal procee

foreign shipping 

return cases

2 Surveillance

An integral part of th

Act and the 1984 Act is th

activity and trade condition

with statutory standards 

Commission srules The 

surveillance programs desig

necessary degree of oversig

The 1984 Act provide

agreements following a b

agreement is rejected for 

conform with the mandato

in sections 5band 5c o

contained in section 6go

becomes effective the 

maintaining surveillance ov

order to ensure compliance 

To fulfill this statutory re

Monitoring and Analysis h

toward improving the b

monitoring programs

As in previous years 

to refine its programs for m

parties in UStrades The

surveillance factors includi

tonnages of majormoving 

relevant tariff rate levels 

contracts agreementdocu

meetings held by agreem
required by the Commi

s

existence of possible malp

During fiscal year 19

and Analysis produced a 

analyses These included 

concerning possible unfa

Korea Taiwan PRC and 

selected major conferenc

analysis of the impact of a 

4 an annual report on co

on the manner in which i

various conference agree

rulemaking 6 an analy

requirements and the ne

report concerning the num

filings in major trades 

domestic rate case 9 an 

order concerning an agre

competing with each oth

10c6of the 1984 Act 

concerning the payment o

preparation of an ord

Commission action taken 

impact analysis of the prop

1990 Amendments 12 

certain carriers regarding 

Management Fund 13 a 

of auto carriers 14 a 

bunker fuel oil prices an

economic analysis of the im

16 the development of tr

17 a profile of tran

development of marketsha

19 a review of Commis

offshore trade in parti

requirements and Commis

reasonable rate of return 
circular letter to carriers 

regarding financial filing re

The Bureau continue

Commission In fiscal year 

assistance to the Advisory C

information on a scaleddo

Act to ensure that current 

Advisory Commission and 

updating certain chapters 

report which is being revie

In fiscal year 1991 

auditing program of agreem

on file are in complianc

regulatory requirements D

all major conference agree

file reports with the Comm

was involved in during fisca

of numerous carrier profile

issuing monthly reports on 

The Bureau also routinely 

complaints from shippers 

problems and issues Ex

issues level of rates surcha

and rate disparities for diff

3 Types of Agreemen

a Conference and 

Conference agreeme

discussion agreement and 

and practices by groups of 

are limited to a geographic
During fiscal year 1

processed 103 conference 

to existing agreements u

conference agreements in 

b Pooling and Eq

Pooling agreements a

carriers in given trades w

apportionment of cargo 

increased efficiencies throu

These agreements often 

other requirements aim

efficiency Equal acces

nationalflag carrier access 

governments of reciproc

preference laws import q

Thirtyfour pooling a

amendments to existing a

1991 The Commission ha

the end of the fiscal year

c Space Charter 

Space charter agree

cross chartering of vessel 

among vessel operators 

agreements are to f

accommodation on given t

be otherwise available 

overall fleet operations an

given trades These agreem

to rationalize sailings and 

During fiscal year 

agreements and modificat

and 120 were in effect at 
d Joint ServiceCo

Joint service agreem

agreements generally esta

service to be operated by o

a joint venture in a given t

a single carrier establishe

tariffs and issues its own 

strictly confined to the au

underlying agreement

Nine joint service agre

during fiscal year 1991 and 

effect at the conclusion of 

e Cooperative Wo

Cooperative working 

from discussion agreemen

discuss competitively sens

inter carrier operational un

the other categories m

amendments to existing CW

Ninetynine CWAs were in 

f Marine Termin

Marine terminals op

entities provide facilitie

interchange of cargo and p

carriers and for the receipt 

and consignees The Comm

and processing of certain 

terminal industry

During fiscal year 1

agreements and agreemen

marine terminal services 

agreements became effect
rules which exempt ce

agreements from the waiti

Act or the approval require

not entitled to the Comms

processed under applica

jurisdiction

agreements were

Approximate

consider

effect at the end of the fis

g Other Agreeme

The Bureau sAgree

was developed in fiscal ye

year 1991 contains a wid

effective agreement In a

official Commission numb

database includes expir

principal authority contai

scope and names and add

During fiscal year 19

9102 Electronic Filing o

amended its rules to allow 

reports and minutes of m

will be under the newl

Agreement Reports and M

Bureau maintains

Also during fiscal ye

an inquiry Docket No 

Terminal Regulations in w

existing regulatory requir

terminal industry On the 

in its inquiry the Co

proceeding to propose rela

classes of routine agree

operators and common ca

adjustments in marine ter

shippers and consignees
4 Future Plans and 

The Bureau soverall 

to focus on systematic ove

with an emphasis on develo

methods to enhance th

administering the 1984 Ac

The Bureau will con

issues facing the industry 

trades and to analyze agre

of sections 5 6gand 10 

The Bureau will cont

share data in key confere

Bureau tracks trends in the 

ripe for closer scrutiny

The Bureau plans to 

refining the current fram

program is designed 

anticompetitiveness genera

context of their commercia

The Bureau anticipa

cases will continue in 199

FSPA cases were pending 

a section 19 case was pendi

involved in the concluded 

required to file periodic re

The Bureau plans 

developments in the Sovie

these developments may h

carrier program The Bu

activities of all controlled 

in support of the Commiss
1984 Act Also the Burea

on controlled carriers for 

The Bureau anticip

rulemakings during fiscal 

1991 the Commission wa

advanced notice of propos

reporting requirements fo

offshore trades Further 

involving conference rest

independent action in 199

examine the issues surrou

agreements with a view to

exemption

The Bureau will co

newly filed agreements to 

raise issues and specific qu

of the 1984 Act or to ra

Bureau will continue to 

Commission on more com

handle routine agreement 

the Commission

In support of its m

continue to maintain the 

Process System and the R

well as develop new pro

needed The Bureau will b

the initial year of its imple

The Bureau will c

agreement database should 

Carrier Agreements in the US 

Bureau plans to finalize a

APS available to other com

the Commission sLAN

H BUREA

CERTIFICATIO

1 General

The Bureau of Ta

formerly the Bureau of Do

administers and analyzes p

with pricing by common ca

carriers and marine term

domestic offshore commerc

both new and amended ta

to conform to the Coms

disapproves special permis

to deviate from tariff filin

and essential terms publicat

and conferences of such ca

the Commission on request

errors in the essential term

of intent to reject service c

fail to conform to Com

recommendations in colla

Commission as warranted 

the Commission

The Bureau is also re

freight forwarders under t

1984 Act and under Pub 

owners and operators of pa

respect to the financial 

operators to satisfy any liab

voyages or death or injury 

Thus the Bureau of 

is responsible for all tariffs 
marine terminal operators 

ocean freight forwarders a

operators of passenger ves

The Bureau develops 

policies and standards and 

to its program activities Th

Commission components w

Commission sregulatory re

2 Foreign Commerce

a Service Contrac

The 1984 Act perm

conferences of such carriers 

shippers andor shippers 

defined in the 1984 Act as

A contract between 

carrier or conferenc

commitment to prov

cargo over a fixed tim

carrier or conference 

schedule as well as 

assured space trans

service features the 

in the event of non

party

Each contract entered 

Act must be filed confiden

the same time a concise s

be filed with the Comm

general public in tariff for

offered to all similarly situ
The essential terms 

The origin and 

geographic are

The commodity 

The minimum 

The linehaul 

The duration

Service comm

Liquidated dam

The variables which 

are almost infinite the

significant freedom to 

suitable to their commerc

Service contracts fil

the necessary statutor

Specifically service contr

binding service and carg

meaningless liquidated da

the Commission The Bu

assess compliance with the 

standards set forth in Circ

contracts do not contain 

which would allow the 

without appropriate dam

Commission sposition is 

provisions excuse the part

for unclear or unspecified 

exists in the first instance
Shippers associations 

under the 1984 Act as 

transportation They are de

shippers which on a non pr

to secure volume rates or 

1984 Act expressly require

negotiate with shippers as

associations can enter into 

members Shippers asso

antitrust immunity under th

service contracts were filed 

In fiscal year 1991 th

5900 service contracts cov

foreign commerce both inb

also prepared recommenda

clerical or administrative err

contracts The Commission 

other 2 requests were appro

During fiscal year 199

to reject those service co

meaningful service commitm

conform with the 1984 Act a

regulations Under this prog

service contracts were issue

rejected Where the contr

advised that any services pe

have to be rerated in accord

tariff provisions for such se

b Controlled Carrie

A controlled carrier is 

operating assets are directly 

by the government under 

common carrier are operate

USC app 1708 provides 

maintain rates or charge
Commission that are belo

nor may any such carri

unreasonable classificatio

In addition such rates 

regulations of a controlle

permission of the Comm

the 30th day after the d

Exceptions to these pros

carriers of a state whose 

USto receive most favo

The Bureau of T

monitors the tariff filings 

the required notice for r

The Bureau acted on eigh

by controlled carriers

c Common Car

Program

Every common carr

of the US and ocean 

section 15b of the 19

46 CFR Part 582 to file 

Policies and Efforts to 

Commerce of the United S

with the Secretary of the 

December 31 and is to 

Officer of the common 

Section 15bof the 198

that failure to file the req

penalty of 5000 for ea

addition

regulations

to

provide

the civil

for

p

t

of the tariffs of those ca

An automated prog

carriers and freight forw
For fiscal year 1991 appr

filed

d Foreign Tariffs

Section 8 of the 1984 

the filing of tariffs by all 

foreign waterborne comme

During fiscal year 19

received and reviewed Th

filings In addition appro

existing tariffs were review

foreign special permission 

canceled pages of active ta

e NVOCC Bondin

During fiscal year 199

the 1984 Act imposing a b

operating in the foreign com

1991 the Commission publis

Reg 1493 an Interim 

Amendments The Interim 

1991 The Interim Rule req

the amount of 50000 by 

foreign waterborne comme

continuing this bonding 

Commission on October 8 

Surety bonds obtained 

be used to satisfy claims a

activities or penalties assess

section 13 of the 1984 Act 

1600 bonds were receive

NVOCCs with tariffs on file 

Letters were sent to those N

required bond advising the

would result in the cancella
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 The 

Licensing must ensure tha

statutory requirements 

require the filing of annua

data by vessel operating 

offshore trades

During fiscal year 19

were received and review

addition 38 domestic sp

processed The Bureau 

tariff pages amending exis

During fiscal year 

Certification and Licensin

tariffs of firms which ap

operating as carriers in 

commerce of the US T

tariffs currently on file wit

identifying those inactive 

subject of an order to sho

canceled

b Financial Anal

The Bureau of T

provides accounting and f

reasonableness of rates f

other services provided b

offshore waterborne comm
provides technical assistan

Commission

The Bureau continue

in the domestic offshore 

involved the receipt and re

submitted in compliance w

During the year the 

concerning bunker fuel su

Trades as well as rates for 

from Hawaii to the USP

also provided with respect 

program

Accounting assistanc

Hearing Counsel in conne

and litigation activities

4 Marine Terminal 

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 

marine terminal tariffs b

terminal tariff pages filed d

of the fiscal year 526 ter

Commission

During 1991 the Co

proceeding in Docket No 

Terminal Services Arrangem
previous waiver of penalti

matters This new exemp

level of terminal tariff filing

exempted tariff matter was 

waiver of penalties

5 Freight Forwarder

The ocean freight fo

persons who in effect h

export departments for hir

in the foreign commerce o

transportation of cargo by 

the paperwork legal req

other incidentals related 

freight forwarders receive 

an export shipment as we

carrier whose vessel is sel

The Commission s

forwarding industry are fo

During fiscal year 199

applications for new ocea

the approval of the transfe

changes In addition 95 a

at the end of fiscal year 

applications were approve

denied and 49 were r

deficiencies which pre

applications for transfers o

approved while six were 

deficiencies

Also during fiscal ye

and 3 licenses were reiss

forwarder licenses were re

failure to maintain the re
Commission At the end 

forwarders were operating 

Onsite compliance i

of the Commission seffort 

forwarders comply with the 

and the Commission sre

investigative reports were 

reports were pending revie

Thirteen of these reports 

letters to licensees or re

Counsel for the assessment 

cases were determined to 

and nine reports were pen

Other activities durin

is The processing 

pertaining to 

cancellations of 

The review an

complaints co

unlicensed forw

compensation b

the non paymen

carriers and

The receipt of in

excess of580 00

bonds

An Order of Investiga

on April 19 1990 to inve

Forwarding Co Inc MFC 

violated section 19d4

510 23hby collecting f

shipments in which MFC ha

in the event MFC violated 
MFC s freight forwarder 

suspended In August 19

license pending the outcom

9013 A hearing schedule 

1991 and a decision should 

6 Passenger Vessel 

The Commission 

sections 2 and 3 of Pub 

817e

regulations

which

found

have

in

been

46 CF

the Public Owners charte

foreign vessels having bert

fifty or more passengers 

ports must establish financ

liability incurred for deat

persons on voyages to or fr

passengers for nonperform

would be entitled under ti

Upon submission of e

accordance with Subpart 

will issue a Certificate 

Indemnification of Pass

Transportation Upon the 

accordance with Subpart B 

issue a Certificate of Finan

Incurred for Death or Injur

Voyages In fiscal year 19

with respect to nonperform

selfinsurers was increased 

The amount applicable to 

During fiscal year 1

applications for passenger 
initial nonperformance ce

certificates and 44 were a

Holders of Pub L No 897

on file with the Commission 

in excess of 330 million fo

casualty

7 Automated Databa

The Bureau of Ta

maintains several automate

1 Service Contract Syste

Tariff Profile System 4 

Freight Forwarder System 

contains certain key service 

and shipper names which a

Persons Index assigns a d

Commission regulates and 

number and trade name 

System lists key data con

Commission The Microf

locating canceled tariffs w

Ocean Freight Forwarder 

necessary for the tracking 

information

8 Support Activities

The Bureau of Tariffs 

one of the primary inform

Commission activities and 

Investigative activities 

and supporting documenta

staff Automated databas

Index and the Service Con
data identification purpose

material is retrieved an

Investigations andor the a

The Commission sfi

general data lists of regulat

office jurisdictions Info

licensed ocean freight f

passenger vessel ownerope

offices This data assists no

serves localized public n

Commission regulated ent

The Bureau has also 

those Commission compone

for the development and im

Bureau personnel have b

testing and reviewing and 

ATFI system

9 Rulemaking and D

The Bureau initiates 

Commission docketed proc

Bureau was involved with 

Docket No 89 25 Se

amended the surety bond a

flexibility for the Commis

guaranties which because o

applicant may differ from 

Docket No 90 01 Se

Maximum Required Perfo

maximum amount for ins

bond required for ind
nonperformance of tran

15 million

Docket No 9011 

Cancellation and Rejections 

the cancellation and rejecti

for the suspension of oce

failure to file the required 

Docket No 9120 Ex

Services Arrangements a rul

Commission on May 15 

marine terminal services ag

operators and common ca

and agreement filing requi

Docket No 91 32 Pas

Requirements for Inde

Nonperformance of Transp

advance notice of propose

in August 1991 sol

recommendations made b

report to the Commission o

Passenger Vessel Financial 

Docket No 91 51 Fi

in the Domestic Offshore Tr

rulemaking soliciting comm

to be addressed in a propo

determining what constitu

return or profit for comm

portion of the domestic off
I BU

HEARIN

The Bureau of Hea

counsel in formal adju

non adjudicatory investiga

designated by Commissio

initiated by the Commissi

attorneys where interventi

formal complaint proceedin

1916 Act 46 USC app 

46 USCapp 1710 and 

FSPA 46 USC app 1

designated Investigative O

proceedings In addition to 

Bureau participates as a p

formal proceedings in ord

affecting the shipping indu

distinguished from issues 

between the litigating part

Bureau also participates 

development of Commis

occasion the Bureau may 

against the Commission

On request the Burea

Bureau attorneys provide 

Investigations during f

enforcement reports com

appropriate the Bureau 

serves notices of violation

regulations and may co

allegations arising out of t

reached the Bureau acts a

proceedings that may resul

The Bureau also partici
Bureaus in special enfo

Transatlantic Enforcemen

Malpractice Program

At the beginning of fis

were pending final resolutio

year 63 new civil penalty 

investigative activity of the 

Commission sformal fact fi

cases were compromised an

referred for formal proceed

were pending resolution on 

At the start of fiscal 

ten formal proceedings D

participated in five new fo

in which the Bureau particip

the Bureau was involved in 

of the fiscal year

At the beginning of 

requests for legal advice 

requests for legal advice w

and 77 legal advice project

legal advice matters we

September 30 1991

As a result of enfo

collected almost 22000 

1991 Of that amount alm

a settlement reached with 

Act violations in the tran

reached with many differe

carriers shippers forwarde

foreign trades

In fiscal years 1987 a

two non adjudicatory proce

other rate malpractices F
the North Atlantic trades a

in the transpacific tra

Investigation No 16 was 

North Atlantic amnesty a

the establishment of an o

in the North Atlantic trade

with carriers and shippers w

in the North Atlantic trade

continues to pursue eviden

Finding Investigation No 

settlements in excess of20

and NVOCCs in fiscal ye

No 18 remains active and 

penalty collections will be 

In fiscal years 1992 a

pursue violations of the s

advice and support to the 

Bureau will be involved 

proceedings or other acti

under the FSPA

J BUREAU O

The Bureau of Inve

and conducts investigatio

common carriers NVOCC

and terminals and other pe

statutes and regulations ad

The Bureau maintain

the Headquarters Office 

offices in the major port cit

New Orleans New York S

Rico In addition to inve

each district office repre

jurisdiction provides liaiso

maritime industry and the s

intelligence of regulatory 

wide conditions for the Co

The Bureau investiga

pursuant to major Commiss

In addition the Bureau inve

a local level These acti

conjunction with fact findin

The following pra

investigations conducted by 

Illegal rebating 

rebates by sh

associations

Misdescriptions 

other malpractic

and other perso
Activities of oce

to agreements 

agreements a

implemented pr

are being carrie

Acts

Failure by com

tariffs covering 

rates that are 

Commission a

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 othe

regulatory information an

shipping industry and 

complaints within a distr

The Bureau assists 

formal proceedings befor
and surveys for use in p

revision reports trade info

action

During fiscal year 

investigate malpractices in 

emphasis on the transpac

Bureau s efforts in the t

development of a significan

practices ofvesseloperating 

forwarders and cargo inte

employed in the Transpac

applied to the ongoing Med

Program and the Central 

Program and will be app

now in the planning stage 

1992 and 1993 The B

investigate conditions in th

the Transatlantic Enforcem

year 1987

The Bureau conduct

inquiries of which 47 were f

Counsel for enforcement a

149 surveillance matters 

contract audits complianc

cruise line audits

Coordination betwee

and Customs field offices 

part of the Memorandum 

agencies for the exchange o

fiscal year 1991 training 

conducted by Customs staf

by the shipping community i

System ACS Currently 

through Customs field offic

access to ACS through each 

fiscal years 1992 and 1993
During fiscal year 19

its investigators with forma

participation in the White 

the Federal Law Enforce

Georgia In addition all di

with training in the use o

Bureau operations

At the beginning of f

investigations in progress 

investigations were initiate

scheduled for inquiry Co

leaving 192 cases pendin

Appendix F summarizes the 
K BUREAU O

Office 

The Bureau ofAdmin

administration and coordin

Office of Admin

Office of Budge

Office of Inform

Office of Perso

Many of the function

of Administration are ref

Offices below

The Director is A

Emergency Managemen

representative as Principal 

Agency Council SAC

1 Office of Administ

a General Office 

The Office of Adm

administers a variety of m

principally provide admini

program operations of the 

Office is the Commission s
The Office ssupport 

telecommunications procu

services property manage

and copying management 

graphic designs facilities 

transportation The Offics

furnish all necessary suppl

in support of the Comms

regulations policies proce

use and provision of these 

the FAR the Federal Pro

Federal Information Re

FIRMR and other appr

b Objectives

The objectives of the 

Develop exec

procurement ac

Government to 

Control

acquisition

and

util

disposition of p

Develop and c

telecommunicat

locations to in

of telecommuni

Plan and admi

the workplace 

utilization oper

to include neg

establishing w

architectural dr
Manage the rec

of all supplies 

support of Com

Coordinate an

copying and gr

Regulate rece

mail

Coordinate

physical facilit

the 

security and pa

Arrange for 

Commission lo

Conduct safety 

Commission s

evacuation pla

Manage the re

Commission re

Direct the Coms

and goal setting 

c Achievements

During fiscal year 19

As part of the C

performed an a

and related 

submitted rec

expenditures a

relinquishing o

rooms to GSA
Renovated

main hearing

the

r

Arranged for a 

for all head

awareness a

procedures

In coordination 

and analysis of 

and Puerto Ric

In conjunction 

management r

headquarters s

Designed c

construction o

Commission 

changes

Coordinated 

conditioning 

independent f

system

Coordinated w

for provision o

conjunction wi

contract

Renegotiated r

photocopying s

Conducted a m

mail services a
d Future Plans

In fiscal year 1992 

initiatives begun in fiscal 

objectives involving the fol

probable FMC headquarter

contracts for court reporting 

the Commission stelecomm

oftheart technology for be

FTS2000 programs within b

changing technological req

support services and compl

Commission procedures 

inventory control processes

2 Office of Budget a

a General Office Res

The Office of Bud

administers the Commissis

and

physical

is responsible

fiscal and

for

staffing

optim

with interpreting governme

and programs and develop

submission to the Congre

administers internal contro

and cash management progr

fund The Director of the 

Financial Officer
b Objectives

The objectives of the 

Submit annual b

to OMB and the 

Execute the budg

properly expend

Prepare regul

management de

Administer the 

employment

Collect all fees a

Process payme

accordance with 

Process travel 

established tim

Federal Travel 

Administer the C

and manage th

program

Ensure resource

waste error an

Continually rev

controls and ac

they conform to 

procedures to c
c Achievements

During fiscal year 199

Collected and 

21968 676 fro

collections and 

application and 

Coordinated and 

estimates for th

budget and the 

Participated in 

hearings

Provided the C

participation

Department of

in

T

employee payche

agency sparticip

Card System

Completed the 

Safety and Heal

Assisted in the p

Penalty Report t

Submitted to the 

reallocation requ

ATFI to persona

Revised the Com

Prepared a vari

Report on Fina

Joint Financi

Program Repo
Updating Cur

OMB Annu

Report on Wo

and Report 

Department o

Provided man

on workyears 

Managed the 

management p

d Future Plans

During fiscal year

automate voucher prepa

control procedures refin

improve processing of 

Congressional budget s

leading to economy and 

operations

3 Office of Informa

a General Office 

The major functio

Resources Managemen

administration telecomm

application development 

clearances The Office 

compliance with the Natio

and the Energy Policy a

includes determining whe

have an impact upon 

consumption
The Office is delegat

Commission sinformation 

program is administered 

Paperwork Reduction Act 

amended by the Paperwor

1986 Pub L No 99500 

guidelines

b Achievements

During fiscal year 19

Completed

LAN which

imp

inc

debugging and in

and connecting 

PCbased LAN 

Evaluated tested 

and communica

for FMC access 

at McLean Virg

ATFI software o

Virginia conduc

the Contractor s

Pittsburgh Penn

ATFI acceptance 

deliverables an

training for the 

Established w

Chairperson the 

EDI Commit

representatives 

entities to initiat

with conversion 

Engaged in me

establish a work
FMC to be

implementing 

EDI format 

options for acc

Established a

computer trai

training units 

to PCs Disk O

WordPerfect B

Administratio

User

Performed sys

wide office 

microcompute

installed

district office

this 

developed inst

office personn

Developed spe

electronic tra

agreements by 

Acquired tes

publishing ini

and retrieval t

cost and bene

the future

Conducted an 

identify and p

from a budge

needs

Provided OMB 

the FMC
Forwarded and 

Archives and 

Commission s

records manag

and maintaine

Initiated form

Year IRM Pl

completed a C

Resources Man

The Office Dire

Committee Ch

Officer s Tech

Technical Matt

served as COT

c Future Plans

Major activities for 

and publish an Informatio

Commission sFiveYear 

conduct computer securit

participate in implementa

provide ATFIFMC specif

support coordinate install

system begin work asso

transaction sets for ATF

gaining FMC access to th

records management prog

connectivity perform the G

desk top publishing system 
4 Office of Personne

a General Office 

The Office of Personn

personnel management pr

placement training po

administration occupation

counseling services employ

performance appraisal in

personnel security

b Achievements

The Commission s

certified to Congress by th

Services as being in full c

Supplemental Appropriatio

12564 Commission Order 

was subsequently issued to 

two letters the General N

60day notice and the In

Testing the 30day notic

received DOJ approval Bo

thus satisfying the notice r

The Office prepare

Executive Resources Board 

year The Office also de

SES Recertification Pla

Staffing Forecast and 19

Program

The following Comm

the year Commission 

Accountability Commission 

Commission Order 82 Pos

Order 88 Position Classifi
The Office submitt

proposal to the Chairma

employees

The Office develope

Bank Plan The Office wo

the plan to collect leave d

active duty during the Pe

The Office participa

to achieve fiscal year 199

produced proposals to fr

mandatory training and 

enabled the Commission 

the fiscal year

The Office impleme

Comparability Act of 19

York Los Angeles and Sa

a new Administrative Law 

c Training

Because of the nee

Office worked to identify 

Commission ssenior e

Performance Managemen

managers and supervisors 

provided at no charge by 

The Commission c

Development Program 

Review Board certificati

remaining SES candidate

Onsite training o

supervisory training requ

Program
d Recruitment and 

Because of budget

recruitment and staffing a

However the Office comp

with appointment of sev

appointees were briefed on 

employment

The Office coordinate

DOT and senior Commissio

ways to meet the staffing n

Officials were briefed on 

conducted to implement de

The Commission main

agencies in percentage of e

and offered special salary 

Washington DC New Yo

The Office administer

Program in cooperation 

Government Five youths w

e Employee Relatio

Employee counseling 

New York Miami San Fran

monitored and supervisors 

services provided by those c

for San Francisco Los An

counseling services were ex

Orleans and Houston Distri

services newsletter was dist

The Office offered 

program conducted a Healt

the Annual Employee Heal
Health Benefits Guide av

The Office also conduc

Seasons

The Office worked 

participation in the bloo

system of program coordi

Two blood drives were he

CPR training was provide

The Office continu

their responsibilities in t

performance including th

and awards and correctin

seeking to resolve perfor

the Office worked closel

ensure that employees 

accorded their due rights 

successfully resolved

The Office continu

Annual Leave Transfer 

donation approximately 

hours of annual leave wo

t Performance A

During the rating 

Management System PM

were charted by the Offic

and instructions conce

performance appraisals 

were required to certify 

conducted
g Personnel Secur

The Office completed 

sensitivity of all positions 

proposals to overhaul the po

and began using revised SF

for requesting security inves

improvements were made to 

of a new system for trackin

h Position Classifi

The Office issued dec

sensitive classification cases 

duties beyond established c

During fiscal years 199

to advise the Commission o

the maintenance of a progre

Commission

i Future Plans

Major activities for the 

revision of most of the m

Commission

DrugFree Workplace

Orders full

Prog

im

responsibility to the Offic

Administration and imple

development program
AP

1yy 0

q 10 0 n

ON

DO

N

F4CO m

r W 2t

WW0wON 0000

1

ZO

0304 M

0 T C 0 040

0

pZ5 i0 N 000000

AP

ORGA

FHmC

N1 po 11 

J tfalallOn HO 9N 

00410 N 

W

CPNI 

K O N I 

M W W W Y I 

O o F0

0N

0 
Formal Proceedings

APP

COMMISSIO

Fisca

Decisions 

Discontinuances Dismi

Initial Decisions Not Rev

Rulemakings Final Rule

Total 

Applications to Correct Servi

Special Dockets 

Informal Dockets 

Oral Arguments 
AP

CARRIER AGREEM

Fisc

Carrier Agreements Filed in FY

including modifications

Foreign and Domestic Co

Agreements Processing Categorie

Fortyive Day Review 

Shortened Review 

ExemptEffective Upon F

Rejection of Filing 

Formal Extension of Revi

Approved Under Shipping 

Carrier Reports Submittedfor Co

Shippers Requests and C

Minutes of Meetings 

Pooling Statements 

Index of Documents 

Consultations 

CarrierAgreements on File as of 

Conference 

Interconference 

Pooling Equal Access 

Joint Service 

Sailing Charter 

Cooperative Working Age

Terminal Agreements Received i

On Hand 109 

On Hand 1091 
APP

TARIFF AND TERM

FISC

TmiffFilings Pages

Foreign Filings 

Domestic Filings 

Terminal Filings 

TOTAL 

TariffPublications

Foreign On Han

On Han

Domestic On Han

On Han

Terminals On Han

On Han

Special Permission Applications

Total Received Foreign 

Granted 

Denied 

Withdrawn 

Total Received Domes

Granted 

Denied 

Withdrawn 

Domestic Investigation and Susp

Completed 

Pending 

Service Contracts Filed 
APP

CIVIL PENA

Fisc

Bartel Shipping 

Bayer AG 

Benkan Corporation 

Cyprus Industrial Minerals 

Evergreen Marine Corp 

Foster Electric Co Ltd 

Gunze Sanyo Inc 

Happy World American Inc 

Hermann Ludwig Inc 

International Gateway Inc 

Keihin Co Ltd 

Kenwood Corporation 

Kin Bridge Express Inc 

Komatsu Dresser Corp 

Kuraray Co Ltd 

Lexrau Scharbau Co 

MarcellaEddins Taylor 

Midas Maritime 

Mitutoyo Corporation 

Nikko Co Nikko Ceramics 

Okura Co Ltd 

Prudential Lines 

Samband Line 

Sea Cargo International Inc 

Shimano Industrial Co Ltd 

Shin Nippon Koki Co 

Showa Line Ltd 

Stute Verkehrs GmbH 

Sugiyasu Corporation 

Takeuchi Iron Works Co Ltd 

TEAC Corporation 

TKM Limited 

Trans Intermodal Transport Inc 

Trans Pacific Cargo Interests 

Trans Pacific Carriers Agreemen

Trans Senko Corporation 

Unifast IncShyh H Lee 

Watanbe Co Ltd 

Yamazaki Mazak Corp 

Total Civil Penalties Collected 
APP

FIELD IN

Fisca

Survei

Actio

Pending 109 9

Opened FY 1991 10

Closed FY 1991 14

Pending 9301 5
APPROPRIATIONS

APP

STATEMENT O

OBLIGATIONS 

THE FISC

SEPTE

Public Law 101515 approved 

of the Federal Maritime Comm

Merchant Marine Act of 1936 

services as authorized by 5 US0

authorized by 31 USC1343 

authorized by 5 USC590159

be available for official recept

Public Law 99177 Balanced B

1985 approved December 12 

R

OBLIGATIONS AND UN

Net obligations for salaries 

September 30 1991 

STATEMENT OF RECEI

the Treasury for the Fiscal Year 

Publications and reproduction

Fees and Vessel Certificat

and Freight Forwarder App

Fines and penalties 

Total general fund receipts